Director of Public Employment v PSAPOA of New South Wales on behalf of its members Julius Tupua and Kerryn Shearman [2007] NSWIRComm 121

Industrial Relations Commission of New South Wales

CITATION: Director of Public Employment v PSAPOA of New South Wales on behalf of its members Julius Tupua and Kerryn Shearman [2007] NSWIRComm 121

Applicant: Director of Public Employment by his agent the Director-General of the Department of Juvenile Justice PARTIES: Respondent: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of its members Julius Tupua and Kerryn Shearman

FILE NUMBER(S): IRC 4342 and IRC 1588 of 2005

CORAM: Backman J

CATCHWORDS: Applications by way of notice of motion seeking orders that documents be released for purposes other than for the unfair dismissal proceedings for which the documents were created - unfair dismissal proceedings settled before documentation filed and served in anticipation of the hearings adduced into evidence - documentation sought to be used for purposes other than for the unfair dismissal proceedings, namely for conducting enquiries investigations and/or notification to the Independent Commission Against Corruption - applicant seeks release from implied undertakings in order to use the documents for a collateral purpose - consequence of discontinuance of proceedings in 1588 of 2005 - whether applicant has standing to seek relief on behalf of the State of New South Wales - whether orders sought in notices of motion too wide - implied undertakings considered - whether the witness statements in 4342 of 2005 are the subject of client legal privilege - notices of motion dismissed - orders.

Children (Detention Centres) Act 1987 Crown Proceedings Act 1988 LEGISLATION CITED: Independent Commission Against Corruption Act 1988 Industrial Relations Act 1996 Ombudsman Act 1974 Public Sector Employment and Management Act 2002