Moore v Workers' Compensation Regulator
[2025] QIRC 302
•12 November 2025
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Moore v Workers' Compensation Regulator [2025] QIRC 302 |
| PARTIES: | Kylie Moore v Workers' Compensation Regulator |
| CASE NO: | WC/2025/196 |
| PROCEEDING: | Application to vary a Notice of Non-Party Disclosure |
| DELIVERED ON: | 12 November 2025 |
| MEMBER: | Caddie IC |
| HEARD AT: | On the papers |
| ORDERS: | 1. The Notice of Non-Party Disclosure addressed to Services Australia, issued on 30 October 2025, be varied by requiring the documents sought in the Notice to be produced directly to the Queensland Industrial Registry with respect to proceedings WC/2025/196, within 14 days; and 2. 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 Workers' Compensation Regulator applies for Notice of Non-Party Disclosure directed to Services Australia – where Services Australia is bound by statutory legislation regarding management of health information – where Workers' Compensation Regulator applies for the Notice of Non-Party Disclosure to be varied by way of disclosing documents to the Queensland Industrial Relations Commission – consideration of relevant authority – application granted – Notice of Non-Party Disclosure varied accordingly. |
| LEGISLATION AND INSTRUMENTS: | Health Insurance Act 1973 (Cth) Industrial Relations Act 2016 (Qld) s 451 Industrial Relations (Tribunals) Rules 2011 (Qld) r 64B National Health Act 1953 (Cth) |
| CASES: | Collins v Workers' Compensation Regulator [2023] QIRC 105 |
Reasons for Decision
Background
The Workers' Compensation Regulator ('the Regulator') caused a Notice of Non-Party Disclosure ('NNPD') to be issued to Services Australia on 30 October 2025,[1] seeking disclosure of documents relating to the Appellant in substantive proceedings (WC/2025/196).
[1] Pursuant to r 64B of the Industrial Relations (Tribunals) Rules 2011.
On 30 October 2025, the Regulator also filed an application within proceedings seeking approval pursuant to s 451(1) of the Industrial Relations Act 2016 (Qld) to vary the NNPD so that the documents sought would be provided directly to the Queensland Industrial Relations Commission ('QIRC') rather than requiring Services Australia to provide the documents directly to the requesting party, or the individual to whom the documents relate.
Attached to the application was email correspondence from Services Australia dated 30 May 2023, arising from a different Workers Compensation Appeal, confirming they would not object to any applications by the Regulator made to the QIRC in the above terms and would not seek to make submissions. The same correspondence was attached as Exhibit A to the affidavit sworn by Ms Ruth Moroney in support of the application.[2]
[2] Affidavit of Ruth Moroney filed 30 October 2025.
The parties to the substantive proceeding confirmed they did not intend to make submissions in relation to this application.
The Commission advised it would proceed to determine the application on the material before it.
Why the variation is required
The history of disclosure by Services Australia in Workers Compensation Appeals is explained by DP Hartigan in Collins v Workers' Compensation Regulator.[3] It was accepted in that matter that Services Australia is bound by the requirements of the Health Insurance Act 1973 (Cth) ('Health Insurance Act') and the National Health Act 1953 (Cth) ('National Health Act') and that it would be unlawful for the relevant officers of Services Australia to produce records directly to the Regulator.
[3] [2023] QIRC 105.
In that case, her Honour determined it would be appropriate to vary the NNPD to require the material to be provided directly to the QIRC. In forming that view, her Honour noted the submission of the Regulator that the variation would serve the dual purpose of undertaking discovery while ensuring that discovery complies with the National Health Act.[4]
[4] Ibid [39] (DP Hartigan).
It is appropriate in the present matter to adopt the same approach to ensure the efficient conduct of this proceeding.
For these reasons I allow the application and order accordingly.
Orders
1. The Notice of Non-Party Disclosure addressed to Services Australia, issued on 30 October 2025, be varied by requiring the documents sought in the Notice to be produced directly to the Queensland Industrial Registry with respect to proceedings WC/2025/196, within 14 days; and
2. The Workers' Compensation Regulator is directed to immediately serve a copy of this decision on Services Australia.
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