Judicial review of a decision to refuse an enforceable undertaking: P&O Automotive & General Stevedoring Pty Ltd v Chief Executive Dept Justice and Attorney General [2011] QSC 417

Part 5 of the Workplace Health and Safety Act 1995 (Qld) made provision for an enforceable undertaking to be entered into by an obligation holder as an alternative to prosecution action proceeding. In the case of P&O Automotive & General Stevedoring Pty Ltd v Chief Executive, Dept. Justice and Attorney General [2011] QSC 417, P&O Automotive & General Stevedoring Pty Ltd (POAGS) had submitted an application for an enforceable undertaking to the Department but that application was ultimately refused. POAGS sought judicial review of the Department’s refusal. This section note examines the decision of the Supreme Court which found that the decision was not one which came within the ambit of the Judicial Review Act 1991 (Qld). Further the Court considered that that even if the decision was reviewable, the decision made was available to the Department given the circumstances.