Secretary of the Department of Education v Williams [2023] NSWIRComm 1098

Industrial Relations Commission New South Wales Medium Neutral Citation: Secretary of the Department of Education v Williams [2023] NSWIRComm 1098 Hearing dates: 30 August 2023 Date of orders: 5 October 2023 Decision date: 05 October 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: 1. Leave to appeal is granted in respect of ground 1 of the Appeal and is otherwise refused. 2. The Appeal is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – whether order of Commissioner at first instance requiring person's name to be removed from "not to be employed list" was beyond power – whether Commissioner erred in finding that allegation of misconduct could not be sustained – whether matters arising on appeal warranted the grant of leave Legislation Cited: Government and Related Employees Appeals Tribunal Act 1980 Pt 3 Div 2, ss 24, 48 Industrial Relations Act 1996 Pt 7 Div 3, ss 91, 97, 98, 100C, 100D, 164A, 188, 191 Teaching Service Act 1980 ss 5A, 7, 44, Pt 4A, ss 93B, 93F Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Calman v Commissioner of Police (1999) 73 ALJR 1609; [1999] HCA 60 Denise McKay v Department of Family and Community Services (No 2) [2018] NSWIRComm 1069 Douglas v Secretary, Department of Education [2021] NSWIRComm 1044 Francois v Industrial Relations Secretary (Department of Corrective Services) [2019] NSWIRComm 1058 Frank Cunningham and Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1063 Greig v Director-General, Department of Education and Communities [2013] NSWIRComm 1025 Maritime Services Board v Murray (1993) 52 IR 455 Marroun v State Transit Authority (2017) 96 NSWLR 295; [2017] NSWCA 273 Molloy v Secretary, Department of Education [2022] NSWIRComm 1100 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Williams v Secretary of the Department of Education [2023] NSWIRComm 1032 Texts Cited: Nil Category: Principal judgment Parties: Secretary of the Department of Education (Appellant) Vita Bernadetta Williams (Respondent) Representation: Counsel: A Britt (Appellant) S Steele SC with S Hanscomb (Respondent) Solicitors: Kennedys Law (Respondent) File Number(s): 2023/00144271 Publication restriction: 1. An order pursuant to s 164A(1)(a) of the Industrial Relations Act 1996, prohibiting: a. the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, or the doing of any other thing that identifies, or may lead to the identification of: i. [name redacted]; ii. [name redacted]; iii. [name redacted]; or iv. [name redacted]. b. the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of any other student or the doing of any other thing that identifies, or may lead to the identification of any other student. 2. An order pursuant to s 164A(1)(c) of the Industrial Relations Act 1996, that publication of evidence given before the Commission or matters contained in the documents lodged with the Commission or received in evidence by the Commission is restricted to the extent that it may lead to the identification of: i. [name redacted]; ii. [name redacted]; iii. [name redacted]; iv. [name redacted]; or v. Any other student. 3. An order pursuant to s 164A(1)(a) of the Industrial Relations Act 1996, that access to the Commission file in the matter of Secretary, New South Wales Department of Education v Vita Bernadetta Williams (file no. 2023/00144271) is restricted such that the parties will be consulted by the Industrial Relations Registrar to determine whether there is any objection before any person (other than the parties) may be granted access. 4. Orders 1, 2 and 3 may be varied or revoked pursuant to s 164A(4) of the Industrial Relations Act 1996 by a single Commissioner. 5. Orders 1, 2 and 3 remain in force for 30 years unless varied or revoked sooner. Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: Williams v Secretary of the Department of Education [2023] NSWIRComm 1032 Date of Decision: 14 April 2023 Before: Commissioner Webster File Number(s): 2020/00282137