Collins v Workers' Compensation Regulator - [2023] QIRC 105

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Collins v Workers' Compensation Regulator [2023] QIRC 105
PARTIES:	Collins, Jodie Marie (Appellant) v Workers' Compensation Regulator (Respondent)
CASE NO:	WC/2022/88
PROCEEDING:	Objection to Notice of Non-Party Disclosure
DELIVERED ON:	6 April 2023
MEMBER: HEARD AT:	Hartigan DP On the papers
ORDER:	*1. Pursuant to r 93 of the Industrial Relations (Tribunal) Rules* 2011 (Qld), leave is granted to extend time to the Workers' Compensation Regulator to make an application under r 64G(1) of the Industrial Relations (Tribunal) Rules 2011 (Qld) for a decision about an objection to a Notice of Non-Party Disclosure; 2. The stay of the Notice of Non-Party Disclosure is lifted; 3. The Notice of Non-Party Disclosure addressed to Services Australia, issued by the Industrial Registry on 30 August 2022, be varied by requiring the documents sought in the relevant Notice of Non-Party Disclosure to be produced directly to the Queensland Industrial Registry with respect to proceedings WC/2022/88, within 14 days; and 4. The Workers' Compensation Regulator is directed to immediately serve a copy of this decision on Services Australia.**
CATCHWORDS:	INDUSTRIAL LAW – DISCLOSURE – Notice of Non-Party Disclosure – where disclosure is opposed by Services Australia – where the Workers’ Compensation Regulator applies for an extension of time to file application – consideration of relevant factors - whether the non-party disclosure order sought be made– extension of time granted – notice of non-party disclosure varied – application granted.
LEGISLATION: CASES:	Workers Compensation and Rehabilitations Act 2003 (Qld), s 32 Industrial Relations (Tribunals) Rules 2011 (Qld), r 64E, r 64F and r 64G Health Insurance Act 1973 (Cth), s 130 National Health Act 1953 (Cth), s 135A(1) Attorney-General (N.T.) v Maurice [1986] HCA 80 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 4 DP World Brisbane Pty Ltd v Rogers & Anor [2014] ICQ 10 Esso Australia Resources v Commissioner of Taxation [1999] HCA 67 Goldsmith v Sandilands (2002) 190 ALR 370 Lloyd v Department of Communities, Child Safety and Disability Services [2013] QIRC 129 Shelly v McRoberts Agency [2009] 190 QGIG 189 Smith v CreditLink Services Limited [2004] 176 QGIG 643 Wallace v Workers' Compensation Regulator [2021] QIRC 277

Reasons for Decision

Introduction

The Workers' Compensation Regulator ('the Regulator') requested a Notice of Non-Party Disclosure ('the NNPD') to be issued by the Industrial Registrar, pursuant to r 64 of the Industrial Relations (Tribunals) Rules 2011 (Qld) ('the Tribunal Rules') requesting that Services Australia disclose information relating to the Appellant.
Services Australia objects to the NNPD. The issue in the present proceedings is whether Services Australia's objection with respect to the NNPD be upheld. Relevantly, the Regulator has issued a NNPD with respect to documents identified in the NNPD relating to a claim for workers' compensation made by Ms Jodie Collins.
Background

During the period when the circumstances giving rise to her application for compensation occurred, Ms Collins was employed as a Receptionist by Integral Diagnostics No.1 Pty Ltd. Ms Collins claims to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Collins v Workers' Compensation Regulator

Details

AGLC: Collins v Workers' Compensation Regulator [2023] QIRC 105
Case: [2023] QIRC 105
Decision Date: 6 April 2023

CaseChat Overview and Summary

The present proceedings were between the Workers' Compensation Regulator and Services Australia, and concerned a Notice of Non-Party Disclosure (NNPD) that was issued in relation to a workers' compensation claim by Ms Jodie Collins. Services Australia objected to the NNPD, which sought the production of documents that were in their possession or under their control. The Regulator subsequently applied for an extension of time to file an application for a decision about the objection to the NNPD. The court was required to consider the relevant factors in determining whether the non-party disclosure order should be made, including the circumstances of the case, the nature of the documents sought, and the reasons for the objection.

The court found that the application for an extension of time should be granted, as the Regulator had provided satisfactory reasons for the delay. The court also found that the notice of non-party disclosure should be varied to require the documents to be produced directly to the Queensland Industrial Registry, rather than to the Regulator. The court considered that this variation was appropriate in the circumstances, as it would facilitate the efficient administration of the proceedings and avoid unnecessary duplication of effort. The Workers' Compensation Regulator was directed to immediately serve a copy of the decision on Services Australia.

The court's decision was based on a careful consideration of the relevant legal principles and the circumstances of the case. The court found that the application for an extension of time was reasonable, and that the variation of the notice of non-party disclosure was appropriate. The court's decision ensures that the proceedings are conducted in an efficient and effective manner, and that the relevant documents are produced in a timely and appropriate manner.

Orders

Orders of the court

1. Pursuant to r 93 of the Industrial Relations (Tribunal) Rules 2011 (Qld), leave is granted to extend time to the Workers' Compensation Regulator to make an application under r 64G(1) of the Industrial Relations (Tribunal) Rules 2011 (Qld) for a decision about an objection to a Notice of Non-Party Disclosure;

2. The stay of the Notice of Non-Party Disclosure is lifted;

3. The Notice of Non-Party Disclosure addressed to Services Australia, issued by the Industrial Registry on 30 August 2022, be varied by requiring the documents sought in the relevant Notice of Non-Party Disclosure to be produced directly to the Queensland Industrial Registry with respect to proceedings WC/2022/88, within 14 days; and

4. The Workers' Compensation Regulator is directed to immediately serve a copy of this decision on Services Australia.

Background

Background to the litigation

Services Australia objects to the NNPD. The issue in the present proceedings is whether Services Australia's objection with respect to the NNPD be upheld. Relevantly, the Regulator has issued a NNPD with respect to documents identified in the NNPD relating to a claim for workers' compensation made by Ms Jodie Collins. Background During the period when the circumstances giving rise to her application for compensation occurred, Ms Collins was employed as a Receptionist by Integral Diagnostics No.1 Pty Ltd. Ms Collins claims to have sustained a psychological injury that arose out of, or in the course of her employment. On 19 November 2021, Ms Collins lodged an application for compensation with WorkCover Queensland for an injury which Ms Collins describes as a "psychological/psychiatric injury". By letter dated 22 December 2021, WorkCover advised Ms Collins that her application for compensation had been rejected. On 20 January 2022, Ms Collins lodged an application with the Regulator for a review of the decision. Although the Regulator was satisfied that Ms Collins had sustained a personal injury of a psychological/psychiatric nature, it was determined that the injury did not arise out of her employment. Consequently, the Regulator determined that s 32(5) of the Workers' Compensation and Rehabilitation Act 2003 ('the Act') operates to exclude the psychiatric condition sustained by Ms Collins from the definition of 'injury' within s 32(1) of the Act ('the Regulator's decision'). On 6 May 2022, Ms Collins lodged with the Industrial Registrar a Notice of Appeal of the Regulator’s decision dated 14 April 2022 rejecting Ms Collins' application for compensation in accordance with s 32 of the Act. By a Notice of Non-Party Disclosure filed by the Regulator, Services Australia was required to produce the following documents: In the NNPD, the Regulator contends that the documents are relevant in that they will assist in determining the issue of whether Ms Collins sustained a psychological injury arising out of or in the course of her employment. Services Australia's objection Services Australia objects to the production of the documentation requested by the Regulator in the NNPD. Services Australia wrote to the Regulator objecting to the production of documents stipulated in the NNPD in the following terms: The notice directs the Agency to produce its response to Workers’ Compensation Regulatory Services, who do not appear to be the identified individual or their legal representative. The procedure for issuing NNPD's are dealt with in Part 2, Division 2, Subdivision 7A of the Tribunal Rules. Relevantly, r 64B of the Tribunal Rules provides that a party to a proceeding may, by NNPD, require a person who is not a party to the proceeding ('the non-party'), to produce to the party, a document directly relevant to the matter in issue in the proceeding and in the possession or under the control of the non-party and that it is a document that a non- party could be required to produce at the hearing for the proceeding.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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