Visscher v SafeWork NSW

The applicant, Visscher, sought judicial review of a decision by the Full Bench of the Industrial Relations Commission of New South Wales. The dispute originated in proceedings before a Commissioner where Visscher sought the production of documents from SafeWork NSW via a notice to produce. SafeWork NSW claimed public interest immunity in respect of some of these documents. The Commissioner partially denied the claim for immunity, a decision which SafeWork NSW appealed to the Full Bench. The Full Bench substantially upheld SafeWork NSW's claim to public interest immunity, limiting the scope of documents that could be produced. Visscher then sought judicial review of the Full Bench's decision.

The primary legal issue before the court was whether the primary judge erred in finding that the Full Bench had not committed jurisdictional error in its decision to uphold SafeWork NSW's claim to public interest immunity, in part. This involved considering the principles governing public interest immunity and the extent to which it could be claimed and upheld in industrial relations proceedings.

The court considered the established principles of public interest immunity, which permit the withholding of documents where their disclosure would be contrary to the public interest. The Full Bench had applied these principles and concluded that while some documents were protected, others were not. The primary judge had reviewed this decision and found no jurisdictional error on the part of the Full Bench. The court in this instance was asked to determine whether leave to appeal from the primary judge's decision should be granted.

The summons for leave to appeal was dismissed, and no order was made as to the costs of the summons.