X v Secretary, Department of Education [2022] NSWIRComm 1070

Industrial Relations Commission New South Wales Medium Neutral Citation: X v Secretary, Department of Education [2022] NSWIRComm 1070 Hearing dates: 3 August 2022 Date of orders: 23 August 2022 Decision date: 23 August 2022 Jurisdiction: Industrial Relations Commission Before: Industrial Registrar E Robinson Decision: I make the following Orders: (1) I order that the Secretary, Department of Education NSW is to produce documents with respect to categories 1(i) to (x) and (c) by 4pm on 24 August 2022. (2) First access is granted to the Secretary, Department of Education NSW. (3) From 4pm on 29 August 2022, general access is granted to all parties. (4) The respondent's notice of motion filed on 27 July 2022 is dismissed. 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) Teaching Service Act 1980

Children's Guardian Act 2019 Cases Cited: Attorney-General (NSW) v Chidgey [2008] NSWCCA 65 Australian Competition and Consumer Commission v Pratt [2008] FCA 1373 Inspector Estriech v Leon [2012] NSWIRComm 84 Barnier v Secretary, Department of Education [2021] NSWIRComm 1045 Hallab v Secretary, Department of Education [2022] NSWIRComm 1019 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Texts Cited: Nil Category: Procedural rulings Parties: X Secretary, Department of Education NSW Representation: Counsel: Mr B Rauf Applicant