MPJEL Care Pty Ltd v NSW Department of Industry (Vocational Training Review Panel) [2016] NSWCATAD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MPJEL Care Pty Ltd v NSW Department of Industry (Vocational Training Review Panel) [2016] NSWCATAD 59 Hearing dates: 2 February 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The applicants summons dated 14 December 2015 to the respondent to produce documents is set aside. Catchwords: PRACTICE AND PROCEDURE – summons to produce documents – whether legitimate forensic purpose for summonsing handwritten notes made by a member of the Vocational Training Review Panel during a hearing of a complaint – nature of an external appeal Legislation Cited: Apprenticeship and Traineeship Act 2001 (NSW), ss 39, 44 , 46, 47, 51(1)(c), 53, 55 Civil and Administrative Tribunal Act 2013 (NSW), ss 29(2)(a), 38, 48, 79 Cases Cited: A v Z (2007) 212 FLR 255 Becwell Legal Services Pty Ltd v McMaster [2011] FCA 1501 Dare v Dietrich [1979] FCA 47 Portal Software v Bodsworth [2005] NSWSC 1115 Ryano Pty Ltd v New South Wales Department of Education and Training [2009] NSWIRComm 180 Category: Procedural and other rulings Parties: MPJEL Care Pty Ltd (1st Applicant) Synthia Dee Restar (2nd Applicant) NSW Department of Industry (Vocational Training Review Panel) (Respondent) Representation: Counsel: L Doust (Applicants)

Solicitors: McArdle Legal (Applicants) Henry Davis York (Respondent) File Number(s): 1510770 Publication restriction: Nil