Dr A and Health District [2014] NSWIRComm 28

Industrial Relations Commission New South Wales Medium Neutral Citation: Dr A and Health District [2014] NSWIRComm 28 Hearing dates: 23 May 2014 Decision date: 06 June 2014 Jurisdiction: Industrial Relations Commission Before: Boland AJ, Acting President, Stanton C, Newall C Decision: The Full Bench makes the following orders: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The decision and orders of Harrison DP are set aside. Catchwords: APPEAL - Application for leave to appeal and appeal by medical practitioner from a decision to revoke a non-disclosure order applying to the medical practitioner and others - Threatened dismissal of medical practitioner for alleged misconduct - Non disclosure orders made to protect identity of medical practitioner pending outcome in substantive proceedings - Application to revoke non-disclosure orders prior to substantive hearing - Application granted - Adequacy of reasons of tribunal in revoking non-disclosure orders - Test to be applied under s 164A(3) of Industrial Relations Act 1996 - Whether any change in circumstances warranting revocation - Appeal upheld - Decision and orders at first instance set aside Legislation Cited: Industrial Relations Act 1996 Civil Procedure Act 2005 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 Ainger v Coffs Harbour City Council [2005] NSWCA 424 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Buttling v NSW Department of Education and Communities (No 2) [2012] NSWIRComm 72 Dr A and Local Health District [2014] NSWIRComm 18 Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125; (2012) 293 ALR 384 John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 John Fairfax & Sons Pty Limited v Police Tribunal (1986) 5 NSWLR 465 Harry Day v John Smidmore (No 2) [2005] NSWIRComm 406; (2005) 149 IR 80 In the Will of F B Gilbert (dec) (1946) 46 SR (NSW) 318 Liao v State of New South Wales Zhang v State of New South Wales [2014] NSWCA 71 Lord v Flight Centre (No 2) [2006] NSWIRComm 282; (2006) 156 IR 420 Redmond v Director General, NSW Department of Health, on behalf of the Ambulance Service of New South Wales [2012] NSWIRComm 147 R v Macfarlane; Ex parte O'Flanagan and O'Kelly [1923] HCA 39; (1923) 32 CLR 518 Rinehart v Welker [2011] NSWCA 403 X v Department of Justice and Attorney General [2011] NSWIRComm 1010 X and The NSW Department of Education and Training [1999] NSWIRComm 34 Category: Principal judgment Parties: Dr A (Appellant) Health District (Respondent) Representation: A Moses SC with Y Shariff of counsel (Appellant) K Nomchong SC with A Britt of counsel (Respondent) Tresscox Lawyers (Appellant) Lander and Rogers Lawyers (Respondent) File Number(s): IRC 275 of 2014 Decision under appeal Date of Decision: 2014-04-02 00:00:00 Before: Harrison DP File Number(s): IRC 715 of 2013