Allman v Commissioner of Police [2024] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Allman v Commissioner of Police [2024] NSWIRComm 1025 Hearing dates: 17 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: With respect to the Summons to Produce issued to the Commissioner at the request of the applicant on 10 January 2024, the Police Commissioner is excused from producing any information that is properly the subject of a claim of public interest immunity. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – documents produced pursuant to a Summons for Production – claim of public interest immunity – whether immunity attached to intelligence reports of the NSW Police Force – whether the public interest in disclosure outweighs the interests in the administration of justice – the public interest in keeping confidential the informants is outweighed by the public interest in the administration of justice in the unredacted documents being made available to the applicant – consideration of instead making s 164A orders – order made Legislation Cited: Police Act 1990 (NSW) s 181D Industrial Relations Act 1996 (NSW) 164A Cases Cited: Alister v the Queen (1984) 154 CLR 404 Attorney General (NSW) v Stuart (1994) 75 A Crim R 8 Australian Securities & Investments Commission v P Dawson Nominees Pty Ltd (2008) 169 FCR 227 Cain v Glass (No 2) (1985) 3 NSWLR 230 Director of Public Prosecutions v Smith (1996) 86 A Crim R 308 Gardiner v The Queen (2006) 162 A Crim R 233 Marks v Beyfus (1890) 25 QBD 494 Polley v Johnson and Smith Gillard v Johnson and Smith Ward and Ward Higgs, Smith and Edwards [2013] NSWSC 543 R v Abdullah [1999], NSWCCA 188 Safework NSW v Visscher (No 3); Visscher v SafeWork NSW (No 2) [2021] NSWIRComm 1099 Category: Procedural rulings Parties: Commissioner of Police (applicant in the motion/respondent) Paul Allman (respondent in the motion/applicant) Representation: Representatives: A Keevers (solicitor) (applicant in the motion/respondent) D Nagle (counsel) (respondent in the motion/applicant)