DEGENHARDT & AMBULANCE VICTORIA (No.2)

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FEDERAL CIRCUIT COURT OF AUSTRALIA

DEGENHARDT & AMBULANCE VICTORIA (No.2) [2017] FCCA 2223
Catchwords:
INDUSTRIAL LAW – Orders consequent upon liability determination –
nine scenarios proposed as representing possible constructions of the findings of fact and holdings of law on the liability judgment – scenario 7 preferred for the reasons given – directions ordered for hearing of quantum.

Cases cited:

Degenhardt v Ambulance Victoria [2017] FCCA 543

Polan v Goulburn Valley Health (No.2) [2017] FCA 30
Warramunda Village Inc. v Pryde (2002) 116 FCR 58

Applicant: GABRIELLE DEGENHARDT
Respondent: AMBULANCE VICTORIA
File Number: MLG 1366 of 2015
Judgment of: Judge Wilson
Hearing date: 29 August 2017
Date of Last Submission: 29 August 2017
Delivered at: Melbourne
Delivered on: 13 September 2017

REPRESENTATION

Solicitors for the Applicant: Maddison & Associates
Counsel for the Respondent: Mr M. Rinaldi
Solicitors for the Respondent: DLA Piper Australia

I ORDER THAT within 21 days of the handing down of these reasons, the parties bring in minutes of orders that reflect these reasons as well as directions as to the further conduct of this case.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1366 of 2014

GABRIELLE DEGENHARDT

Applicant

And

AMBULANCE VICTORIA

Respondent

REASONS FOR JUDGMENT

Introduction

  1. Pursuant to orders made when I pronounced judgment on liability in this proceeding,[1] the parties produced an agreed document that set out nine separate scenarios that represented possible constructions of the findings and holdings in my reasons. The parties invited me to rule on which of those nine scenarios properly synthesised the findings of fact and holdings of law at which I arrived.

  2. It is useful to set out in précis form the conclusions I reached on liability. I said the following –

    a)the 4 April 2013 contract and the 2010, 2011 and 2014 enterprise agreements applied;

    b)the applicant Gabrielle Degenhardt was entitled to be paid on the basis that she worked for four shifts;

    c)Ms Degenhardt was entitled to be paid for being “on-call”;

    d)Ms Degenhardt was entitled to be paid a casual loading; and

    e)Ms Degenhardt was entitled to be paid at penalty rates.[2]

  3. Mr Rinaldi of counsel for Ambulance Victoria (“AV”) correctly pointed out that while paragraph 5(e) of the liability judgment spoke of penalty rates, in fact paragraph 148 of my reasons spoke of Ms Degenhardt’s entitlement to be paid a casual loading for all hours worked.

  4. On 29 August 2017 I heard argument on the matter.

Synopsis

  1. For the reasons that follow, in my view scenario 7 should be adopted.

The agreed scenarios

  1. The agreed scenarios are set out immediately below –

    Definitions

    Claim Period

    means the period between 18 June 2009 to


    17 June 2015.

    Enterprise Agreements means:

    ·   the Rural Ambulance Victoria and Health Services Union (Management and Administrative Staff) Collective Agreement 2006 (“2006 Agreement”);

    ·   the Ambulance Victoria (Management and Administrative Staff) Enterprise Agreement 2011 (“2011 Agreement”); and

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Details
Case
[2017] FCCA 2223
Decision Date

CaseChat Overview and Summary

In *Degenhardt & Ambulance Victoria (No.2)*, the Supreme Court of Victoria considered a dispute between Ms Degenhardt and Ambulance Victoria concerning the latter's refusal to provide Ms Degenhardt with a copy of her ambulance attendance report. Ms Degenhardt had requested the report under the *Freedom of Information Act 1982* (Vic) (the FOI Act), but Ambulance Victoria had denied access, citing exemptions under the Act.

The central legal issue before Wilson J was whether Ambulance Victoria had lawfully refused access to the requested report. Specifically, the court had to determine if the information contained within the report was exempt from disclosure under the FOI Act, particularly concerning personal affairs and information provided in confidence.

Wilson J reasoned that the FOI Act requires a balancing of the public interest in disclosure against the need to protect personal information and confidential dealings. The court examined the nature of the information within the report, considering whether it constituted an "unreasonable disclosure of information relating to the personal affairs of any person" or if it was provided to Ambulance Victoria in confidence. The judge applied the principles of statutory interpretation to the relevant provisions of the FOI Act, weighing the applicant's right to access information against the potential harm or prejudice that disclosure might cause.

Ultimately, Wilson J found that Ambulance Victoria had not discharged its onus to demonstrate that the exemptions it relied upon were applicable. Consequently, the court ordered that Ambulance Victoria provide Ms Degenhardt with a copy of the requested ambulance attendance report.

Orders

Orders of the court

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Background

Background to the litigation

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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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