Fletcher v Metropolitan Fire and Emergency Services Board

FEDERAL COURT OF AUSTRALIA

Fletcher v Metropolitan Fire and Emergency Services Board [2012] FCA 1513

Citation:		Fletcher v Metropolitan Fire and Emergency Services Board [2012] FCA 1513
Parties:		GEOFFREY FLETCHER v METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD
File number:		VID 1037 of 2011
Judge:		NORTH J
Date of judgment:		10 December 2012
Date of hearing:	10 December 2012
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	12
Counsel for the Applicant:	Mr M Harding
Solicitor for the Applicant:	Holding Redlich
Counsel for the Respondent:	Ms K Foley
Solicitor for the Respondent:	Corrs Chambers Westgarth

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 1037 of 2011

BETWEEN:	GEOFFREY FLETCHER Applicant
AND:	METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD Respondent

JUDGE:	NORTH J
DATE OF ORDER:	10 DECEMBER 2012
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.By 20 December 2012 the respondent produce for inspection documents numbered 70, 71, 82 and 83 as listed in the Affidavit of Christopher Wiseman sworn 30 July 2012.

2.The directions hearing is adjourned to 10.15 am on 4 February 2013.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 1037 of 2011

BETWEEN:	GEOFFREY FLETCHER Applicant
AND:	METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD Respondent

JUDGE:	NORTH J
DATE:	10 DECEMBER 2012
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant, Geoffrey Fletcher, applies to the Court for orders requiring the respondent, the Metropolitan Fire and Emergency Services Board (Board), to produce for inspection the following documents as listed in the Affidavit of Christopher Wiseman sworn 30 July 2012: 

   ·Document identified as number 70, being a statement of Assistant Chief Fire Officer, Gregory Bawden, who is employed by the Board and which is a statement given by him to an investigator appointed by the Board’s external WorkCover agent with respect to a WorkCover claim made by Mr Fletcher; 

   ·Document identified as number 71, which is an email from the investigator to Assistant Chief Fire Officer Bawden attaching a draft of the statement made in relation to Mr Fletcher’s WorkCover claim; 

   ·Documents identified as numbers 82 and 83, which are file notes described as personnel file documents, regarding WorkCover claims made by Mr Fletcher.

2. The documents have been disclosed by the Board in accordance with orders made by the Court. 

3. The issue which presently arises concerns the production of those documents for inspection. The respondent, resists the application for inspection by relying on s 242A of the Accident Compensation Act 1985 (Vic) (Accident Compensation Act) which provides that:

   A person must not use information obtained under or pursuant to this Act or the Accident Compensation (WorkCover Insurance) Act 1993 except as authorised by or in respect of a matter or for a purpose arising under either or both of those Acts.

4. Then, s 242A provides for a penalty for a contravention of the section.

5. The Board is concerned that to produce the documents would be to…