Whiteley v Stone & Anor [2021] QSC 31
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Title
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Whiteley v Stone & Anor [2021] QSC 31
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Date
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March 4, 2021
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Summary
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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].
