Health Services Union NSW v Health Secretary in respect of Mid North Coast Local Health District [2022] NSWIRComm 1101

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Health Secretary in respect of Mid North Coast Local Health District [2022] NSWIRComm 1101 Hearing dates: Decision on papers Date of orders: 16 November 2022 Decision date: 16 November 2022 Jurisdiction: Industrial Relations Commission Before: Industrial Registrar E Robinson Decision: The orders I make in these proceedings are as follows: (1) I order the production of all three categories of documents in response to the summons to be produced on 23 November 2022. (2) Due to the sensitive nature of the documents I restrict access to only the nominated legal representatives and order that they are kept confidential subject to use for these proceedings and then securely destroyed. (3) In relation to Order 2 I ask the parties to provide draft consent orders to confirm the nominated legal representatives to have access to these documents and the terms upon which that access is granted along with undertakings to that effect by 4pm on 22 November 2022. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – motion to set aside summons to produce – patient records - relevant principles Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Arnot and Arnot v Commissioner of Fire and Rescue NSW (2021) NSWIRComm 1030 Bunait and Commissioner of Police [2009) NSWIRComm 207 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Penrith Rugby League Club Ltd v Brown [2004) NSWSC 1182 Portal Software v Bodsworth [2005] NSWSC 1115 Richards v Kadian by his Tutor Kadian and Others [2005] NSWCA 328 Xinfenq Australia International Investment Pty Ltd v GR Gapital Group Pty Ltd [2020] NSWSC 620 Texts Cited: Nil Category: Procedural rulings Parties: Health Services Union NSW