Diaz v Secretary, Ministry of Health in respect of Pathology No. 3 [2022] NSWIRComm 1028

Industrial Relations Commission New South Wales Medium Neutral Citation: Diaz v Secretary, Ministry of Health in respect of Pathology No. 3 [2022] NSWIRComm 1028 Hearing dates: 16 March 2022 Date of orders: 19 April 2022 Decision date: 19 April 2022 Jurisdiction: Industrial Relations Commission Before: Industrial Registrar E Robinson Decision: 1. I note that documents have been produced in satisfaction of the summons to produce for paragraphs [1], [2], [10], [69], [70] and [73]; 2. I note that paragraph 3 is not pressed; 3. I order the Health Secretary to produce the documents described in paragraphs [4] to [9] except sub-paragraph [4.6], paragraphs [11] to [23], [25] to [34], [38], sub-paragraph [39.2], [40], [41], [43], [45] to [67], [71] and [72]. 4. I set aside the summons in relation to sub-paragraphs [4.6] and [39.1], and paragraphs [24], [35], [42], [44] and [68]. 5. I list the matter for return of summons on 4 May 2022. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – motion to set aside summons to produce – relevant principles Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Lim v Health Secretary [2021] NSWIRComm 1085 McIntyre v Commissioner of Police [2021] NSWIRComm 1093 New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Shellharbour City Council [2021] NSWIRComm 1097 GS Technology Pty Ltd v The Commissioner of Patents (1997) 39 IPR 583 New South Wales Nurses' and Midwives' Association v Ministry of Health in respect of Hunter New England Local Health District [2021] NSWIRComm 1063 Liristis v Gadelrabb [2009] NSWSC 441 Stanley & Anor v Layne Christensen Company & Ors [2004] WASCA 50 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Texts Cited: Nil Category: Procedural rulings Parties: Health Secretary (in respect of Pathology)