Banovec v Secretary, Department of Justice [2014] NSWCATAD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Banovec v Secretary, Department of Justice [2014] NSWCATAD 127 Hearing dates: 27 August 2014 Decision date: 03 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy, LCM Deputy President Decision: The applicant's application for the respondent to disclose the subject documents under summons is refused. Catchwords: PRACTICE AND PROCEDURE - client legal privilege - application of provisions under the Evidence Act 1995 - Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: Bailey v Department of Land and Water Conservation [2009] NSWCA 100 Texts Cited: Stephen Odgers, Uniform Evidence Law, (10th ed 2012, Thomson Reuters) Category: Interlocutory applications Parties: Oliver Banovec (Applicant) Secretary, Department of Justice (Respondent) Representation: Counsel D Hume (Respondent) O Banovec (Applicant in person) File Number(s): 1410002, 131065

reasons for decision 1Mr Banovec issued a summons to the Secretary, Department of Justice on 12 April 2014 seeking records relating to a complaint of victimisation he made under the Anti-Discrimination Act 1977 (NSW). The respondent refused to produce certain documents on the ground of client legal privilege. Mr Banovec seeks a ruling from the Tribunal that the claim for privilege is not valid and that the documents be produced. I have decided to refuse that application and uphold the respondent's claim for privilege. 2The documents to which Mr Banovec seeks access (the subject documents) are a letter from Mr Matenga, General Manager, Wellington Correctional Centre Cluster to Ms Singer, Legal Officer, Professional Standards Branch with the Department of Justice dated 6 September 2013 and six attachments to that letter. The attachments are letters from employees of the respondent giving their version of what happened during an incident involving Mr Banovec on 31 July 2013 and 3 August 2013. 3These documents are relevant to a complaint of victimisation under the Anti-Discrimination Act 1977 (NSW) that Mr Banovec lodged with the President of the Anti-Discrimination Board on 20 August 2014. The complaint alleged that on 26 July 2013, 31 July 2013 and 3 August 2013 officers of the respondent prevented him from using work computers to prepare and print legal material.