Sun Metals Corporation Pty Ltd v Craig Allen (Deputy Director-General, Office of Industrial Relations)

The Federal Court was asked to review a decision made by the Deputy Director-General of the Office of Industrial Relations regarding a prosecution against Sun Metals Corporation Pty Ltd for an alleged breach of a duty under section 19 of the Work Health and Safety Act 2011 (Qld), which arose following a fatal incident at the company’s zinc refinery. The applicant proposed a written undertaking under section 216 of the Act in response to the prosecution, which the respondent rejected. The applicant sought judicial review of the decision to reject the undertaking, claiming that the decision-maker breached the rules of natural justice, took into account irrelevant considerations, failed to take into account relevant considerations, and did not actively engage in consideration of the objective gravity of the incident.

The court considered whether the respondent breached the rules of natural justice, whether the respondent took into account irrelevant considerations or failed to take into account relevant considerations in making the decision, and whether the respondent failed to actively engage in consideration of the objective gravity of the incident. The court found that the respondent did breach the rules of natural justice by failing to give the applicant an opportunity to respond to a key piece of information that was relied upon in rejecting the undertaking. The court also found that the respondent took into account irrelevant considerations by considering the potential publicity of the case and failed to take into account relevant considerations by not actively engaging in consideration of the objective gravity of the incident.

The decision of the respondent to reject the applicant’s written undertaking was quashed, and the matter was remitted to the respondent for reconsideration according to law. The respondent was ordered to pay the applicant’s costs on the standard basis. The court’s decision highlights the importance of following proper procedures and considering relevant factors when making decisions in administrative law contexts.