Gibson v Western Sydney Area Health Service [2003] NSWIRComm 465

Industrial Relations Commission of New South Wales in Court Session

CITATION : Gibson v Western Sydney Area Health Service [2003] NSWIRComm 465 revised - 11/03/2004 APPELLANT: James Gibson PARTIES : RESPONDENT: Western Sydney Area Health Service FILE NUMBER: IRC 4668 of 2002 CORAM: Wright J President; Walton J Vice-President; Marks J Appeal - Unfair contract - Statutory construction - Inconsistency alleged between Health Services Act 1997 and Industrial Relations Act 1996 - Visiting Medical Officer in Area Health Service - Whether Commission in Court Session had jurisdiction to hear claims under s 106 of the Industrial Relations Act 1996 - Held, by majority, Court Session has jurisdiction

CATCHWORDS : Unfair contract - Appeal - Statutory construction - Inconsistency alleged between Health Services Act 1997 and Industrial Relations Act 1996 - Visiting Medical Officer in Area Health Service - Whether Commission in Court Session had jurisdiction to hear claims under s 106 of the Industrial Relations Act 1996 - Held, by majority, Court Session has jurisdiction

Statutory construction - Unfair contract - Appeal - Statutory construction - Inconsistency alleged between Health Services Act 1997 and Industrial Relations Act 1996 - Visiting Medical Officer in Area Health Service - Whether Commission in Court Session had jurisdiction to hear claims under s 106 of the Industrial Relations Act 1996 - Held, by majority, Court Session has jurisdiction Disorderly Houses Act 1968 s 3 Freedom of Information Act 1982 (Cth) Health Services Act 1997 s 76 to 84 s 85 s 86 to 96 s 97 s 98 s 105 s 106 s 107 s 108 s 109 s 110 s 111 s 112 s 113 s 115 s 116 s 117 to 121 Industrial Arbitration Act 1940 s 25 LEGISLATION CITED : Industrial Relations Act 1996 s 105 s 106 s 154 Industrial Relations Act 1998 (Cth) Local Government Act 1919 s 99 Prostitution Act 1979 Public Hospitals Act 1929 s 29L to 29R s 29K to 29RC s 29M s 29N s 29P s 29Q s 29QA s 29R s 29RA to 29 RC s 29T s 33H to s 33N s 33P s 40BA Public Service Act 1922 (Cth) Australian Communication Exchange Ltd v Deputy Commissioner of Taxation (2003) 77 ALJR 1806 Beahan v Bush Boake Allen Australia Ltd (1999) 47 NSWLR 648, (1999) 93 IR 1 David Jones Ltd v Cukeric (1997) 78 IR 430 Design 23 Pty Limited v Sutherland Shire Council [2003] NSWLEC 90 Director-General Department of Land and Water Conservation v Jackson [2003] NSWLEC 81 Gibson v Western Sydney Area Health Service [2001] NSWIRComm 126 Goodwin v Phillips (1908) 7 CLR 1 Horvath v Commonwealth Bank of Australia (1998) VSCA 51 CASES CITED : Incitec Ltd v Industrial Court of New South Wales (1992) 45 IR 155 Maggs v Comptroller General of Customs (1995) 58 IR 40 Northwest County Council v Dunn (1970) 126 CLR 247 Saraswati v The Queen (1991) 172 CLR 1 Shephard, Re Applications of [1983] 1 NSWLR 96 Shergold v Tanner (2002) 209 CLR 126 Western Sydney Area Health Service v Gibson (2001) 109 IR 359 Whelpton v Kur-Ring-Gai Council (1994) 85 LGERA 120 Woodcrest Homes Pty Ltd v Fair Trading Tribunal [2002] NSWSC 552 HEARING DATES: 03/19/2003; 10/30/2003 DATE OF JUDGMENT: 12/23/2003