Fletcher v Metropolitan Fire and Emergency Services Board

Geoffrey Fletcher sought an order from the Federal Court of Australia for the Metropolitan Fire and Emergency Services Board to produce certain documents for inspection. The documents were identified in an affidavit sworn by Christopher Wiseman and included a statement made by an Assistant Chief Fire Officer and emails and file notes regarding WorkCover claims made by Mr Fletcher. The Board resisted the application, arguing that the production of these documents would amount to using information in a manner prohibited by the Accident Compensation Act 1985 (Vic). The respondent's argument was based on the ordinary meaning of the word 'use' and the assertion that the documents were obtained under the Act.

The court examined the issue of whether the order for production would constitute a use of information within the meaning of s 242A of the Accident Compensation Act 1985 (Vic). The court found that the Board's interpretation of the word 'use' was overly broad and did not take into account the power of the court to make such orders under the Federal Court of Australia Act 1976 (Cth) and the Federal Court Rules 2011 (Cth). The court held that the production of the documents as a result of a court order did not constitute a use of information within the meaning of the section. Therefore, the order for inspection was justified.

The court ordered that the respondent produce for inspection the documents numbered 70, 71, 82 and 83 as listed in the affidavit of Christopher Wiseman sworn 30 July 2012. The directions hearing was adjourned to 10.15 am on 4 February 2013.