O'Sullivan v Central Sydney Area Health Service [2005] NSWADT 16

CITATION: O'Sullivan v Central Sydney Area Health Service [2005] NSWADT 16 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Dr Brendan O'Sullivan RESPONDENT Central Sydney Area Health Service FILE NUMBER: 031122 HEARING DATES: 08/11/2004 & 10/11/2004 SUBMISSIONS CLOSED: 11/10/2004 DATE OF DECISION: 02/04/2005

BEFORE: Grotte E - Judicial Member; Bolt M - Non Judicial Member; Nemeth de Bikal L - Non Judicial Member APPLICATION: summons - application for issue of MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Freedom of Information Act 1989 Battenburg -v- Chief Executive Officer &Secretary, Union Club [2002] NSWADT 219 (31 October 2002; C (No.2) -v- Secretary, NSW Treasury [2002] NSWADT 235; Grassby -v- The Queen (1989) 168 CLR 1 F.C. 89/042; Hunt -v- Wark (1986) 40 SASR 489; and CASES CITED: LD -v- Voltime Pty Ltd (trading as 'The Cronulla Hotel') (EOD) [2001] NSWADTAP (22 May 2001); Moore -v- Commissioner of Police, NSW Police Service & Anor [2202] NSWADT (12 June 2002); Patsalis -v- Commissioner of Police, New South Wales [2003] NSWADT 171; Pelechowski -v- The Registrar, Court of Appeal [1999] HCA 19 (6 May 1999); The Queen -v- White [1976] 13 SASR 276 APPLICANT REPRESENTATION: In person RESPONDENT A Moses, barrister ORDERS: Leave is granted to the Applicant to issue Summonses to the Respondent for Production of the following: (i) All internal memoranda or documents (including in electronic form) created by Professor Bashir, Dr Horvath, Mr Wallace, Dr Stewart, Dr Kennedy, Dr Storm and Dr Barclay in relation to the termination and/or resignation of the complainant from 1 April 2000 to 3 October 2002; and (ii) All internal memoranda or documents (including in electronic form) created by Professor Bashir, Dr Horvath, Mr Wallace, Dr Stewart, Dr Kennedy, Dr Storm and Dr Barclay in relation to complaints to the NSW Medical Board relating to the Complainant from 1 October 2002 to 3 October 2002. Leave is refused with respect to 3(iv). The Respondent is ordered to bring the documents sought in 3(i) to the Tribunal for inspection by the Tribunal on the first day of hearing. Leave is granted to the Applicant to issue summonses to give evidence to Dr Horvath and Dr Storm. Leave is refused with respect to issuing a summons to Dr Barclay.