Ryan v Director General of New South Wales National Parks and Wildlife Service and Anor [2004] NSWIRComm 160

Industrial Relations Commission of New South Wales in Court Session

CITATION : Ryan v Director General of New South Wales National Parks and Wildlife Service and Anor [2004] NSWIRComm 160 APPLICANT: Susanne Kay Ryan

PARTIES : FIRST RESPONDENT: Director General of the Department of Environment and Conservation formerly known as Director General of National Parks and Wildlife Service

SECOND RESPONDENT: Department of Environment and Conservation formerly known as The National Parks and Wildlife Service on behalf of the Public Employment Office FILE NUMBER: IRC 6133 of 2003 CORAM: Schmidt J CATCHWORDS : Declaratory Relief - inquiry under Public Sector Management Act 1988 and Regulations - interpretation - mandatory procedures - failure to comply with Regulations - consequences - Telecommunications (Interception) Act 1979 - interpretation - information in public domain - further communication of information not prohibited - Independent Commission Against Corruption Act 1988 - protected evidence - inappropriate consideration of protected evidence found - orders made Independent Commission Against Corruption Act 1988 Industrial Relations Act 1996 LEGISLATION CITED : Public Sector Management Act 1988 Public Sector Management (General) Regulation 1996 Telecommunications (Interception) Act 1979 (Cth) Director of Public Prosecutions v Serratore (1995) 38 NSWLR 137 CASES CITED : Kizon v Palmer (1996) 142 ALR 488 Public Employment Industrial Relations Authority and Ors v Public Service Association of New South Wales (re Scorzelli and Ors) (1993) 49 IR 169 HEARING DATES: 04/19/2004; 04/20/2004 DATE OF JUDGMENT: 06/04/2004