Bir v Western Sydney Local Health District [2022] NSWCATAD 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bir v Western Sydney Local Health District [2022] NSWCATAD 256 Hearing dates: On the papers Date of orders: 01 August 2022 Decision date: 01 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Act 2013, the Tribunal dispenses with a hearing. 2. The Respondent is excused from producing documents pursuant to paragraphs 5 and 6 of the Summons on the basis that there is no legitimate forensic purpose for their production. Catchwords: PRACTICE AND PROCEDURE – summons to produce documents - whether documents have legitimate forensic purpose Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Anti-Discrimination Act 1977 (NSW) Cases Cited: CPJ v The University of Newcastle [2017] NSWCATAD 350 Sharpe v Grobbel [2017] NSWSC 1065 Category: Procedural rulings Parties: Omila Bir (Applicant) Western Sydney Local Health District (Respondent) Representation: Scott Calnan Lawyer (Applicant) Bartier Perry Pty Limited (Respondent) File Number(s): 2022/00028143

REASONS FOR DECISION

Background 1. On 31 January 2022, Anti-Discrimination NSW referred the applicant's complaint to the Tribunal pursuant to s93C(b) of the Anti-Discrimination Act 1977 (NSW) (ADA). The complaint is that the respondent discriminated against the applicant based on her race and victimised her in contravention of ss 8 and 50 of the ADA. The period of the discrimination complaint is 14 July 2020 to 14 July 2021. The period of the victimisation complaint is 14 January 2021 to 26 April 2021. 2. On 30 May 2022, the Registrar approved the applicant's application for a summons for production to be issued on the respondent seeking documents in six different categories. On 30 June 2022 the respondent produced documents pursuant to the first four categories but opposed production of documents in category five and six on the basis that there is no legitimate forensic purpose. 3. Categories five and six are limited to the 14 July 2020 to 26 April 2021 time frame and are in the following terms: 1. Any requests by the applicant for participation in courses and training and the responses (and reasons for those responses) by the respondent to those requests; and 2. Any anonymous letters circulating at the place of the applicant's employment concerning her, any complaints made by the applicant in relation to any such letters and any response by the respondent to any such complaints. 1. The applicant filed an Amended Points of Claim on 11 July 2022. 2. On 30 June 2022, the parties requested that this matter be determined on the papers. I am satisfied that the matter can be adequately determined in the absence of the parties, the Tribunal dispenses with a hearing pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 (CAT Act).