Whiteley v Stone & Anor [2021] QSC 31

Date: 4 March 2021
Court: Supreme Court of Queensland
Judicial Officer: Dalton J
Human Rights Act 2019 (Qld) Sections: s 48
Rights Considered: N/A
Other Legislation: Judicial Review Act 1991 (Qld) ss 12, 13, 48; Coal Mining Safety and Health Act 1999 (Qld) ss 6, 7, 39(2)(b), 59(1), 197A(1), 197B; Coal Mining Safety and Health Regulation 2017 (the Regulations) regs 106, 107
Keywords: Public law considerations: Judicial Review

This case concerned an application for judicial review of a decision of the Department of Natural Resources, Mines and Energy to cancel the applicant’s certificate of competency. The application was dismissed and the Court found that section 48 of the Human Rights Act 2019 (Qld) was not engaged when interpreting sections 12, 14 or 48 of the Judicial Review Act 1991 (Qld).

This case concerned an application for judicial review under Part 5 of the Judicial Review Act 1991 (Qld). The applicant was a night shift examiner on a mine site who managed a hazard caused by an incomplete blasting operation, where remaining material was hanging above a work site: at [5]. It collapsed four days later, killing one of the miners: at [6]. Following an investigation, the Department of Natural Resources, Mines and Energy cancelled the applicant’s certificate of competency: at [9].

The Attorney-General of Queensland intervened in this case and the Court agreed that interpretation of sections 12, 14, and 48 of the Judicial Review Act 1991 (Qld) did not engage section 48 of the Human Rights Act 2019 (Qld): at [32]. The Court did not reference any specific rights within the Human Rights Act 2019 (Qld). However, it was mentioned that the criminal proceedings in relation to this event should be completed prior to an appeal in the Industrial Magistrates Court as the applicant would be expected to give evidence to the Industrial Magistrates Court and this would negate the applicant’s right to silence in the criminal proceedings: at [25].

The Court dismissed the application for judicial review and held that the statutory pathway providing for appeal to the Industrial Magistrates Court for a full merits review was the most appropriate pathway for the applicant: at [2], [22], [23] and [31].

Visit the judgment: Whiteley v Stone & Anor [2021] QSC 31