Bunait and Commissioner of Police [2009] NSWIRComm 207

Industrial Relations Commission of New South Wales

CITATION: Bunait and Commissioner of Police [2009] NSWIRComm 207

PARTIES: Gurmit Bunait (Applicant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 970 of 2009

CORAM: Staff J

CATCHWORDS: PRACTICE AND PROCEDURE - Notices of Motion seeking orders that access to documents produced in response to summons for production be refused - s 173 of the Police Act - legitimate forensic purpose - relevance to an issue in the proceedings - principles - various categories of documents considered - access to certain documents sought granted - access refused in respect of certain other documents - notice of motion that applicant identify specifically grounds and reasons for application and provide particulars of alleged facts giving rise to claim - requirements of Industrial Relations Commission Rules - application fails to meet the requirements of the Industrial Relations Act and Rules - Section 173 and s 174 Police Act 1990; Rule 14(1) and r 57 Industrial Relations Commission Rules 1996 - orders made

Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 Police Act 1990

Attorney-General (NSW) v Chidgey (2008) 182 ACrimR 536 Becke and Commissioner of Police [2009] NSWIRComm 134 McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1233 CASES CITED: NSW Commissioner of Police v Tuxford & Ors [2002] NSWCA 139 Portal Software v Bodsworth [2005] NSWSC 1115 Principal Registrar of the Supreme Court v Ali Tastan (1994) 75 ACrimR 498 R v Saleam [1999] NSWCCA 86 Roads & Traffic Authority of New South Wales & Another v Connolly [2003] NSWSC 327