Visscher v SafeWork NSW [2023] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Visscher v SafeWork NSW [2023] NSWCA 164 Hearing dates: 12 July 2023 Date of orders: 17 July 2023 Decision date: 17 July 2023 Before: Meagher JA; Gleeson JA Decision: (1) The summons for leave to appeal is dismissed. (2) Make no order as to the costs of the summons. Catchwords: APPEALS — leave to appeal — where applicant in proceedings in Industrial Relations Commission seeks production of documents under a notice to produce — where first respondent claims public interest immunity — where ruling of Commissioner denying immunity claim in part the subject of an appeal to Full Bench — claim to immunity substantially upheld — application for judicial review of that decision — whether primary judge erred in finding no jurisdictional error on part of Full Bench — leave refused Legislation Cited: Industrial Relations Act 1996 (NSW), ss 146, 175, 179, 187, 188 Supreme Court Act 1970 (NSW), s 101(2)(r) Work Health and Safety Act 2011 (NSW), ss 5, 8, 195, 223, 224, 229 Cases Cited: Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Quinn v Commonwealth Director of Public Prosecutions (2021) 106 NSWLR 154; [2021] NSWCA 294 SafeWork NSW v Visscher (No 3); Visscher v SafeWork NSW (No 2) [2021] NSWIRComm 1099 Visscher v SafeWork NSW (No 2) [2022] NSWSC 1253 Category: Procedural rulings Parties: Mr Timothy Visscher (Applicant) The Secretary of the Department of Customer Service, known as SafeWork NSW (First Respondent) The Full Bench of the Industrial Relations Commission of New South Wales (Second Respondent) Representation: Counsel: Applicant (self-represented) IC Latham (First Respondent)