Smith v State of Queensland (Queensland Health) (No. 4)

[2024] QIRC 67

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Smith v State of Queensland (Queensland Health) & Anor (No. 4) [2024] QIRC 067

PARTIES:      

Smith, Paul Joseph
(First Applicant)

and

Sherlock, Susannah                
(Second Applicant)

v

State of Queensland (Queensland Health)
(First Respondent)

and

Thistlethwaite, Kenneth
(Second Respondent)

CASE NO.:

AD/2022/86 & AD/2022/87

PROCEEDING:

Application in existing proceedings

DELIVERED ON:

22 March 2024

MEMBER:

HEARD AT:

Power IC

On the papers

ORDERS:

Within 14 days, Evexia to produce to the Applicants a copy of the report.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – GENERAL PROTECTIONS – Application in existing proceedings – where applicant filed a notice of non-party disclosure – where affected party objects to the notice of non-party disclosure – where applicant seeks a decision regarding the objections pursuant to r 64G of the Industrial Relations (Tribunals) Rules 2011 (Qld)

LEGISLATION AND OTHER INSTRUMENTS:

Anti-Discrimination Act 1991 (Qld), s 133

Industrial Relations (Tribunals) Rules 2011 (Qld), rr 64B, 64E, 64F and 64G

Public Interest Disclosure Act 2010 (Qld), s 40(1)

CASES:

Goldsmith v Sandilands [2002] HCA 31

Mohr-Edgar v Legal Aid Queensland [2023] ICQ 025

Mullins v Workers' Compensation Regulator; Ex parte Drake International Pty Ltd (No. 2) [2020] QIRC 3

Weston and Parer v State of Queensland (Department of Justice and Attorney General) (No 4) [2016] QIRC 75

Reasons for Decision

Introduction

1. Dr Susannah Sherlock ('the Second Applicant') filed a 'Form 29 – Notice of Non-party disclosure' ('NNPD') on 3 January 2023 seeking the disclosure of documents from Evexia.

2. On 9 January 2023 the First Respondent sent correspondence to the Industrial Registry advising that it objected to the NNPD as an affected party pursuant to r 64E of the Industrial Relations (Tribunals) Rules 2011 (Qld) ('the Rules').

3. The NNPD was stayed pursuant to r 64F of the Rules and on 30 August 2023 the Applicants applied to lift the stay.

4. The Second Applicant sent unsolicited correspondence to the Industrial Registry on 9 January 2023 responding to the First Respondent's objection.  

5. Following the issuing of a Directions Order by the Commission, written submissions were provided by the parties.

6. The resolution of this matter has been delayed due to continued disputes between the parties regarding the Applicants' Statement of Facts and Contentions ('SOFC'). The Applicants have filed a number of versions of their SOFC and ultimately the First Respondent filed an Application to dismiss. This Application was dismissed on 2 February 2024, and it was determined that the SOFC filed by the Applicants on 9 October 2023 would encompass their case. The finalisation of the Applicant's SOFC now allows for the test of direct relevance to be considered to determine the outstanding NNPD.

Legislative framework

1. Rule 64G of the Rules relevantly provides that the Commission has the power to make any order it considers appropriate about an objection made to an NNPD:

64G    Industrial tribunal's decision about objection

(1)Within 7 days after service of an objection under rule 64E, the party may apply to the industrial tribunal for a decision about the objection.

(2)The industrial tribunal…