Melhem v Commissioner of Police, NSW Police Force [2016] NSWCATAD 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Melhem v Commissioner of Police, NSW Police Force [2016] NSWCATAD 279 Hearing dates: 8 November 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The application to set aside the summons addressed to Dr Milch is dismissed. 2. The application to set aside the summons addressed to MDA National Insurance Pty Ltd is dismissed. 3. The application to set aside the summons addressed to Employers Mutual NSW Limited is dismissed. Catchwords: SUMMONS – objection to summons addressed to medical practitioner, professional indemnity insurer and workers compensation insurer – relevance – oppression – privacy – effect of disclosure on person's mental health - professional confidential relationship privilege – effect of offence provision under Family Law Act Legislation Cited: Evidence Act 1995 (NSW), s 126A, 126B, 131A Civil and Administrative Tribunal Act 2013 (NSW) s 38(2) Family Law Act 1975 (Cth), s 121

Civil and Administrative Tribunal Act 2013 (NSW), s 38(2), s 67, s 73 Evidence Act 1995 (NSW), Pt 3.10, Div 1A, ss 126A, 126B and 131A Family Law Act 1975 (Cth) s 121 Cases Cited: Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1952) 72 WN (NSW) 250 Becwell Legal Service Pty Ltd v McMaster [2011] FCA 1501 Casley-Smith v District Council of Stirling (1989) 51 SASR 447 Commissioner for Railway v Small (1938) SR (NSW) 564, 574-575 Hinchcliffe v Commissioner of Police of the Australia Federal Police [2001] FCA 1747 National Employers' Mutual General Assn Ltd v Waind [1978] 1 NSWLR 372 Plate Glass Holdings Pty Ltd v Fraser Gordon Investments Pty Ltd [2012] FCA 1487 Portal Software International Ltd v Bodsworth [2005] NSWSC 1115 Re Edelsten; Ex part Donnelly (1988) 18 FCR 434 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corp Ltd [1984] 1 NSWLR 710 Category: Procedural and other rulings Parties: Evan Melhem (Applicant) Commissioner of Police, NSW Police Force (Respondent)