Dunlavie v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1043

Industrial Relations Commission New South Wales Medium Neutral Citation: Dunlavie v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1043 Hearing dates: 3 May 2023 Date of orders: 9 May 2023 Decision date: 09 May 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I make the following orders: (1) the Department is released from any obligation to produce the "submission" referred to in pars 4 and 5 of the affidavit of David Aitken affirmed on 6 April 2023; (2) in so far as the Motion seeks an order that item 2 of the Summons be set aside, it is adjourned to a date to be fixed; and (3) the Motion is otherwise dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – application to set aside summons to produce – whether privilege over a document warrants an order setting summons aside in part – whether documents sought have apparent relevance – whether disclosure prohibited by s 22 of the Public Interest Disclosures Act 1994 – whether powers of the Commission limited by s 22 – whether as a matter of discretion the Commission ought to set summons aside having regard to the terms of the Public Interest Disclosures Act Legislation Cited: Court Suppression and Non-publication Orders Act 2020 s 8 Industrial Relations Act 1996 Ch 2 Pt 7, ss 98, 146, 164A, 165 Public Interest Disclosures Act 1994 ss 4, 5, 22 Cases Cited: Nichols v Singleton Council (2011) 81 NSWLR 442 Public Service Association and Professional Officers' Association Amalgamated Union (NSW) v Department of Education and Communities (2013) 233 IR 345; [2013] NSWIRComm 32 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Williams v Secretary, Department of Education [2022] NSWIRComm 1007 Texts Cited: Nil Category: Procedural rulings Parties: Mark Dunlavie (Appellant) Industrial Relations Secretary (Respondent) Representation: Counsel: M Gibian SC (Appellant) O Fagir (Respondent) Solicitors: Public Service Association of NSW (Appellant) McCabes (Respondent) File Number(s): 2022/00353119 Publication restriction: No