APPLICATION FOR EXTERNAL REVIEW PURSUANT TO SECTION 229 OF THE WORK HEALTH AND SAFETY ACT 2020

THE WORK HEALTH AND SAFETY TRIBUNAL

PARTIES Brody Justin Thomson

APPLICANT

-v-

WorkSafe Commissioner

RESPONDENT

CORAM Commissioner T Emmanuel

DATE TUESday, 25 November 2025

FILE NO/S WHST 8 OF 2025

CITATION NO. 2025 WAIRC 00936

Result Order issued

Representation

Applicant On his own behalf

Respondent Mr M Blundell (of counsel)

Order

WHEREAS this is an application for an external review of a decision under s 229 of the Work Health and Safety Act 2020 (WA);

AND WHEREAS the applicant filed an application at the Work Health and Safety Tribunal (Tribunal) on 9 October 2025;

AND WHEREAS the applicant disputes that the internal review on 3 October 2025 of the reviewable decision made on 12 August 2025 was correct;

AND WHEREAS the applicant and the decision-maker have asked the Tribunal to make consent orders reflecting their agreement to resolve the matter on the basis of the internal review decision being set aside and a substitute internal review being properly conducted in conformity with the applicable law and procedure;

AND WHEREAS in accordance with s 229A(6) of the Work Health and Safety Act 2020 (WA), the Tribunal may act under s 229A(5)(b) and set aside the decision with the agreement of the applicant and the decision-maker without starting or completing the external review;

NOW THEREFORE the Tribunal orders, by consent, that –

1. the internal review decision of the respondent dated 3 October 2025, being a review of the reviewable decision made on 12 August 2025, is set aside;

2. the respondent’s properly appointed person shall review the reviewable decision in accordance with the Work Health and Safety (Mines) Regulations 2022 (WA) and the Work Health and Safety Act 2020 (WA), and make a decision within the period stipulated in regulation 680 of the Work Health and Safety (Mines) Regulations 2022 (WA);

3. further to order 2 above and without limiting or qualifying the application of the Work Health and Safety (Mines) Regulations 2022 (WA) or the Work Health and Safety Act 2020 (WA), the substitute internal reviewer appointed by the respondent shall ensure that they are adequately informed in order to determine whether they require any additional information from the applicant so as to properly conduct the substitute internal review. In particular:

3.1. the substitute internal review shall consider whether the applicant’s degree Masters of Engineering Technology (Mining Engineering) constitutes a degree in mining engineering from an Australian university (Required Degree), alternatively the equivalent of a qualification approved by the Mining Competence Advisory Committee to be equivalent to the Required Degree;

3.2. the decision by the substitute internal review shall be delivered within 14 days after the date these orders are made;

3.3.  such decision shall provide detailed reasons, including explanation of how equivalency was assessed, and the basis for accepting or rejecting the applicant’s AQF Level 9 qualifications; and

3.4. if the decision by the substitute internal review confirms the reviewable decision made on 12 August 2025, the applicant shall have the right to apply to the Tribunal for an external review of that decision.

Commissioner T Emmanuel