White v Industrial Relations Secretary in respect of Department of Communities and Justice [2023] NSWIRComm 1037

Industrial Relations Commission New South Wales Medium Neutral Citation: White v Industrial Relations Secretary in respect of Department of Communities and Justice [2023] NSWIRComm 1037 Hearing dates: 12 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Industrial Relations Commission Before: Deputy Industrial Registrar R Delgoda Decision: 1 The Respondent to produce documents in category 16 of the summons to produce, by 5 May 2023. 2 The Respondent has complied with categories 2, 17 and 18 of the summons to produce through the production of documents on 22 February 2023. 3 The Respondent to produce further documents by 5 May 2023, specifically, performance appraisals, if any, of Mr White for the last 1 year of his employment with the Respondent, under Category 7 of the summons to produce. 4 The Respondent to produce by 5 May 2023, any documents relating to the mental health of Mr White held by the Respondent, from 1 June 2021 to 10 February 2023 under Category 8 of the summons to produce. 5 The Respondent to produce by 5 May 2023, any medical reports relating to the mental health of Mr White, obtained, or held by the Respondent, from 1 June 2021 to 10 February 2023 under Category 8 and 10 of the summons to produce. 6 Categories 9 and 11-14 of the summons to produce is set aside. 7 Categories 19-26 of the summons to produce is set aside. 8 Documents may be produced electronically. 9 Liberty to apply for an extension of time to produce the documents. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – summons to produce – need to establish legitimate forensic purpose – apparent relevance to the issues in dispute – setting aside a summons to produce – oppression – documents to be identified with precision Legislation Cited: Industrial Relations Act 1996 ss 84, 89 and 175 Cases Cited: Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145A. Fraser v Industrial Relations Secretary on behalf of the Department of Customer Service (SafeWork NSW) [2021] NSWIRComm 1090. Welch v Commissioner of Police [2023] NSWIRComm 1002. Brasell-Dellow & Ors v State of Queensland (Queensland Police Force & Ors) [2021] QIRC. Tony Azzi (Automobiles) Pty Limited & 3 ors v Volvo Car Australia Pty Limited [2006] NSWSC 283 Davidson v Commissioner of Police (No 3) [2022] NSWIRComm 1102 Texts Cited: NIL Category: Procedural rulings Parties: Scott Richard White (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: M Foran (Respondent)