Australian Salaried Medical Officers’ Federation (NSW) v Health Secretary in respect of the Western Sydney Local Health District (No 2) [2021] NSWIRComm 1071

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Salaried Medical Officers' Federation (NSW) v Health Secretary in respect of the Western Sydney Local Health District (No 2) [2021] NSWIRComm 1071 Hearing dates: 13 September 2021 Date of orders: 14 September 2021 Decision date: 14 September 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: Directions pursuant to s 162(1): (1) In relation to any unredacted copies of the documents numbered 32, 33, 34 and 43 listed in Annexure LC-1 to the affidavit of Luci Caswell dated 5 May 2021 (Documents): (a) ASMOF and its counsel destroy any hard copies of the Documents; (b) ASMOF and its counsel delete any electronic copies of the Documents; (c) ASMOF procure that any other person to whom the Documents have been provided by representatives, employees or officers of ASMOF, or whom are in the possession of the Documents as a direct consequence of actions by representatives, employees or officers of ASMOF do as set out in (a) and (b) above; and (d) ASMOF not be permitted to use or rely upon the Documents for any purpose relating to this proceeding. (2) The Secretary is to provide ASMOF with: (a) a copy of document 30 unredacted save for the fourth-last sentence in the email dated 4/03/2009 11:28 am; (b) copies of documents 32 and 34 redacted in accordance with the Health Secretary's proposed redactions; and (c) copies of documents 33 and 43 redacted in accordance with this decision. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – client legal privilege – waiver – mistaken or inadvertent disclosure Legislation Cited: Industrial Relations Act 1996 (NSW), ss 130, 162 Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 30 RinRim Pty Ltd v Deutsche Bank Australia Limited & Ors [2013] NSWSC 1654 Category: Consequential orders Parties: Australian Salaried Medical Officers' Federation (NSW) (notifier) Health Secretary in respect of the Western Sydney Local Health District (respondent) Representation: Counsel: L Saunders (notifier) E Raper SC and D Fuller (respondent) File Number(s): 2020/316034