Brooks v Secretary, Department of Family and Community Services [2017] NSWCATAD 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brooks v Secretary, Department of Family and Community Services [2017] NSWCATAD 300 Hearing dates: 26 September 2017 Date of orders: 16 October 2017 Decision date: 16 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. Paragraphs 2-14, 22 and 23, 32-46, 56-75, 87, 88, 90 and 92 of Ms Brooks' statement dated 8 September 2017 are struck out. 2. The application by the Secretary, Department of Family and Community Services, that Ms Brooks not be given access to the attachments in the Sparks Report is refused. 3. The name of the respondent is amended to Secretary, Department of Family and Community Services. Catchwords: PRACTICE AND PROCEDURE – scope of complaint under Anti-Discrimination Act 1977 (NSW), where President of Anti-Discrimination Board declined race discrimination complaint against employer as lacking in substance – where Tribunal granted leave for complaint to proceed – whether complaint includes allegations not described in original complaint to President –whether complaint covers periods outside period of complaint as referred by President SUMMONS – whether professional confidential relationship privilege applies so that applicant should not be given access to certain documents produced under summons Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s63 Anti-Discrimination Act 1977 (NSW), ss 4B, s 8(2), 91C, s 94A, 96 and 103 Civil and Administrative Tribunal Act 2013 (NSW), s 28, s 38, s67 Crimes Act 1900 (NSW) Evidence Act 1995 (NSW), s 126 Work Health and Safety Act 2011 (NSW) Cases Cited: Director General Department of Community Services v D [2006] NSWSC 827 NRMA v John Fairfax Publications Pty Ltd [2002] NSWSC 563 Category: Procedural and other rulings Parties: Sandra Brooks (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Counsel: M Moir (Department of Family and Community Services) (Respondent)