(WA) Road Traffic (Authorisation to Drive) Act 2008 Result Preliminary application dismissed : Counsel: : J S : Case(s) referred to in reasons: (2008) 236 CLR 163 Commissioner of Taxation v Day (1963) 109 CLR 665 R v White; Ex parte Byrnes Case(s) also cited: (2016) WAIRC 00718 IPEC (2015) 95 WAIG 1620 Reasons for Decision The substantive matter in this appeal is a claim by the appellant that its member Mr McCormack have a reprimand and improvement action, which were imposed on him by disciplinary action, quashed. The disciplinary action and penalties imposed, arose out of conduct by Mr McCormack in relation to the use of the and driver information database. The respondent’s TRELIS motor vehicle allegations related to his alleged personal use of the database and his use of it for a colleague and his daughter, in a manner that contravened the respondent’s policies and procedures governing access to and use of this information. A preliminary issue has arisen between the parties. That issue relates to the effect of s 143A of the (WA). The appellant Road Traffic (Administration) Act 2008 maintained during the disciplinary investigation and maintains on this appeal, that s 143A of the RTA Act provided a statutory defence to the actions of
Road Traffic (Authorisation to Drive) Act 2008 (WA) Result : Preliminary application dismissed Counsel: : J : S Case(s) referred to in reasons: Commissioner of Taxation v Day (2008) 236 CLR 163 R v White; Ex parte Byrnes (1963) 109 CLR 665 Case(s) also cited: IPEC (2016) WAIRC 00718 (2015) 95 WAIG 1620 Reasons for Decision The substantive matter in this appeal is a claim by the appellant that its member Mr McCormack have a reprimand and improvement action, which were imposed on him by disciplinary action, quashed. The disciplinary action and penalties imposed, arose out of conduct by Mr McCormack in relation to the use of the respondent’s TRELIS motor vehicle and driver information database. The allegations related to his alleged personal use of the database and his use of it for a colleague and his daughter, in a manner that contravened the respondent’s policies and procedures governing access to and use of this information. A preliminary issue has arisen between the parties. That issue relates to the effect of s 143A of the Road Traffic (Administration) Act 2008 (WA). The appellant maintained during the disciplinary investigation and maintains on this appeal, that s 143A of the RTA Act provided a statutory defence to the actions of
PSAB-14-2017-201700986.DOCX