Crewdson v New South Wales Department of Community Services & Ors (No. 11) [2005] NSWIRComm 308

Industrial Relations Commission of New South Wales in Court Session

CITATION: Crewdson v New South Wales Department of Community Services & Ors (No. 11) [2005] NSWIRComm 308

APPLICANT Gerard Crewdson

PARTIES: RESPONDENT New South Wales Department of Community Services New South Wales Department of Ageing, Disability and Home Care Central Sydney Area Health Service

FILE NUMBER(S): IRC 3140 of 2001

CORAM: Boland J

CATCHWORDS: Declarations - Application for declaratory relief - Applicant employed in public sector - Applicant alleged victimisation, abuse, mistreatment of clients, corrupt conduct - Applicant directed to attend HealthQuest for psychiatric assessment - Direction given without proper authority - Whether absence of authority rendered direction ultra vires - Psychiatric assessment made - Applicant declared unfit for work - Applicant directed to take leave - Whether psychiatric assessment valid - Whether direction to take leave valid - Deed of release - Whether deed void, voidable or illegal - Deed held to be valid - Deed held to be bar to relief - Application dismissed

Anti-Discrimination Act 1977 Community Services (Complaints Review and Monitoring) Act 1993 Crimes Act 1900 LEGISLATION CITED: Industrial Relations Act 1996 Interpretation Act 1987 Protected Disclosures Act 1994 Public Sector Employment and Management (General) Regulation 1996 Public Sector Management Act 1988 - Repealed