Amy Louise Thompson v Commissioner of Police, NSW Police Force [2018] NSWIRComm 1056

Industrial Relations Commission New South Wales Medium Neutral Citation: Amy Louise Thompson v Commissioner of Police, NSW Police Force [2018] NSWIRComm 1056 Hearing dates: 17 September 2018 Date of orders: 26 September 2018 Decision date: 26 September 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Categories C1, C4, C5, C6, C8, C9, C10, C11, C12, C13 and C14 in the Summons to Produce issued to the Commissioner of Police and filed by the Applicant on 9 August 2018 are set aside. Catchwords: INTERLOCUTORY PROCEEDINGS – application to set aside parts of summons to produce – principles to be applied – application granted – summons set aside in part Legislation Cited: Police Act 1990 (NSW) Cases Cited: Bradley Eade-Smith v Commissioner of Police [2009] NSWIRComm 37 Inspector Estreich v Leon [2012] NSWIRComm 84 Category: Procedural and other rulings Parties: Amy Louise Thompson (Applicant)

Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel:

P Lowson (Applicant)

E Raper (Respondent)

Solicitors:

Walter Madden Jenkins (Applicant)

K&L Gates (Respondent) File Number(s): 2018/174562

INTERLOCUTORY DECISION

Background 1. On 9 August 2018 the applicant filed with the Commission a summons to produce ("Summons") calling for the respondent to produce documents detailed in three broad classes, divided into a further 28 categories and sub-categories. 2. By notice of motion filed on 5 September 2018 ("Motion") the respondent sought to have the Summons set aside in part. The categories of the Summons to which objection is taken are as follows: C. Other documents: 1. A complete copy of the C@ts.i File No. P1604292. … 4. Documents prepared following the Commissioner's Advisory Panel Review, including the covering report to the Commissioner, the executive summary and all annexures and/or attachments thereto. 5. All documents (other than those referred to above) referred to, used or otherwise relied upon in the preparation of the s.181D Notice for the Applicant. 6. All documents prepared following the receipt of the Applicant's written response to the s.181D Notice, including the covering reports and his observations thereto. … 8. A signed and certified copy of the roster of Ku-ring-gai Local Area Command recording the shifts worked by Senior Constable Renee Bennett between 1 October 2015 and 31 December 2016 inclusive. 9. A signed and certified copy of the roster of Ku-ring-gai Local Area Command recording the shifts worked by Senior Constable David Ulherr between 1 October 2015 and 31 December 2016 inclusive. 10. A signed and certified copy of the roster of Ku-ring-gai Local Area Command recording the shifts worked by Senior Constable Tracey Davies between 1 October 2015 and 31 December 2016 inclusive. 11. The following documents referred to by Superintendent J Scholz in a typed note dated 24 November 2016:- 11.1 The internal grievance submitted by Senior Constables Bennett and Ulherr on 18 April 2016; 11.2 The anonymous complaint against Senior Constables Bennett and Ulherr; 11.3 The notes of any meeting between Superintendent Scholz and Senior Constable [sic] Bennett & Ulherr on or about 31 May 2016; 11.4 The information provided by Sergeant Sean Ronning and D Campbell following the meeting referred to above; 11.5 Any document recording the monitor and review of the matter at end [sic] of November 2016. 12. A copy of the applications by Senior Constables Bennett and Ulherr to transfer away from the Ku-ring-gai LAC in 2016. 13. A copy of the document confirming the transfers of Senior Constables Bennett and Ulherr away from the Ku-ring-gai LAC in 2016. 14. A copy of any document referred to, relied upon or created by Inspector McCarthy during or in relation to the mediation sessions between the Applicant and Senior Constables Bennett and Ulherr during May 2016. 1. The Motion is supported by an affidavit sworn on 5 September 2018 by Emily Baxter, a solicitor in the employ of the solicitor for the respondent. 2. The hearing of the Motion took place on 17 September 2018. The applicant was represented by Ms P Lowson of counsel. Ms E Raper of counsel appeared for the respondent.