X (a pseudonym) v Secretary, Department of Education [2022] NSWIRComm 1041

Industrial Relations Commission New South Wales Medium Neutral Citation: X (a pseudonym) v Secretary, Department of Education [2022] NSWIRComm 1041 Hearing dates: 24 May 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Notice of motion dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – notice of motion to re-call witness for further cross-examination after evidentiary cases closed – notice of motion opposed – interests of justice - notice of motion dismissed Legislation Cited: Evidence Act 1995 (NSW) ss 46, 192 Industrial Relations Act 1996 (NSW) ss 98, 100G, 162, 163 Police Act 1990 (NSW) s 173 Cases Cited: Browne v Dunn (1984) 6 R(HL) 67 Shelley Jackson v Commissioner of Police [2019] NSWIRComm 1033 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Workcover Authority of New South Wales (Inspector McMartin) v Transfield Pty Ltd t/as Transfield Maintenance [2000] NSWIRComm 190 (7 September 2000) X (a pseudonym) v Secretary, Department of Education [2021] NSWIRComm 1089 Category: Procedural rulings Parties: X (a pseudonym) (the appellant/respondent in the notice of motion) Secretary, Department of Education (the respondent/applicant in the notice of motion) Representation: Counsel: L Andelman (for the appellant/respondent in the notice of motion) M Seck (for the respondent/applicant in the notice of motion)