Nash v Glennies Creek Coal Management Pty Ltd (No 8) [2015] NSWIC 2

Industrial Court New South Wales

Medium Neutral Citation: Nash v Glennies Creek Coal Management Pty Ltd (No 8) [2015] NSWIC 2 Hearing dates: 8 and 17 December 2014 (written submissions) Date of orders: 30 January 2015 Decision date: 30 January 2015 Before: Boland AJ Decision: The Court makes the following orders:

Orders (2) – (8) made on 13 August 2013 in Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67; (2013) 237 IR 283 are set aside.

The claims of client legal privilege made by the Director-General of the Department of Trade and Investment, Regional Infrastructure and Services ("the Department") in respect of documents referred to in JMM-1 (exhibit to affidavit of Ms Moore filed on 2 August 2013) is upheld.

The Department is excused from producing any document that is properly the subject of a claim of client legal privilege in respect of documents referred to in JMM-1 (exhibit to affidavit of Ms Moore filed on 2 August 2013).

The Department's claims of public interest immunity be upheld in respect of documents in Confidential exhibits MP-A to MP-D (excluding those documents referred to in JMM-1) directed to:

any alleged defect in, or in the validity of, the instrument of appointment, under the Coal Mine Health and Safety Act 2002 dated 22 December 2006, published in the NSW Government Gazette No 5 of 12 January 2007 at page 102;

clause 2.1 of Schedule 2 of the Petroleum (On-Shore) Amendment Bill 2013, which concerns the proposed amendment to the Coal Mine Health and Safety Act 2002 by the insertion of a new clause 25A.

The Department is excused from producing any document that is properly the subject of a claim of public interest immunity in respect of documents in Confidential exhibits MP-A to MP-D (excluding those documents referred to in JMM-1) directed to: