Scragg v Secretary, Ministry of Health on behalf of Northern New South Wales Local Health District [2024] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Scragg v Secretary, Ministry of Health on behalf of Northern New South Wales Local Health District [2024] NSWIRComm 1052 Hearing dates: Determined on papers. Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Industrial Relations Commission Before: Senior Deputy Industrial Registrar E Robinson Decision: (1) I set aside the Summons to Produce in its entirety issued to Dr Oncall Pty Limited. (2) In relation to the Summons to produce issued to the applicant: (a) I order the information in response to Amended Category 6 restricted to the Relevant period and post termination timeframe and Category 7 to be provided by the applicant within 5 days of this decision. (b) I set aside the remaining categories. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – motion to set aside summons to produce – relevant principles - whether documents sought for a legitimate forensic purpose – oppression – fishing Legislation Cited: Industrial Relations Act 1996 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Knox v Commissioner of Police [2021] NSWIRComm 1064 Portal Software v Bodsworth [2005] NSWSC 1115 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Trades Practices Commissioner v Arnotts Ltd (No 2) (1989) 21 FCR 306 Travel Compensation Fund v Blair [2002] NSWSC 1228 Category: Procedural rulings Parties: Dr Scragg Secretary, Ministry of Health on behalf of Northern New South Wales Local Health District Representation: Solicitors: Mr Luke Forsyth Hall Payne Lawyers Applicant