Crown Employees (Department of Corrective Services - Protection of Conditions of Employment) Award [2009] NSWIRComm 71

Crown Employees (Department of Corrective Services - Protection of Conditions of Employment) Award [2009] NSWIRComm 71

The Parklea documents sought in paragraphs 2, 3, 6 and 7 had a legitimate forensic purpose and apparent relevance because the applicant and the Commission were entitled to know whether a successful tenderer would operate Parklea Correctional Centre on lower wages and conditions and what differences or other employment practices might be disclosed. Although the documents were highly confidential, that concern did not justify setting aside the summons and could be addressed by limiting inspection to the applicant's legal representatives subject to appropriate confidentiality undertakings. Documents relating to Cessnock Correctional Centre and the Court and Escort Security functions were not...

Jurisdiction
Australia
Judgment Date
13 May 2009
Procedural Posture
Application for a New Award; Interlocutory Proceedings Concerning a Summons for Production / Full Bench Decision on the Second Respondent's Notice of Motion to Strike Out Paragraphs 2, 3, 6 and 7 of the Summons for Production
Outcome
The second respondent's notice of motion was dismissed, and production for inspection was ordered only for the applicant's legal representatives subject to confidentiality undertakings in relation to Parklea Correctional Centre documents.
Legal Topics
['award Application' 'summons for Production' 'commercial in Confidence Information' 'correctional Centres' 'legitimate Forensic Purpose' 'relevance' 'confidentiality Undertakings' 'inspection Limited to Legal Representatives']
['industrial Relations' 'practice and Procedure'] ['award Application' 'summons for Production' 'commercial in Confidence Information' 'correctional Centres' 'legitimate Forensic Purpose' 'relevance' 'confidentiality Undertakings' 'inspection Limited to Legal Representatives']

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Procedural Posture

Application for a New Award; Interlocutory Proceedings Concerning a Summons for Production / Full Bench Decision on the Second Respondent's Notice of Motion to Strike Out Paragraphs 2, 3, 6 and 7 of the Summons for Production

Legal Issues

  1. 1 ['Whether paragraphs 2, 3, 6 and 7 of the Summons for Production should be struck out because the documents were commercial in confidence or could prejudice correctional centre security.' 'Whether the documents sought had a legitimate forensic purpose and apparent relevance to the award proceedings.' "Whether confidentiality concerns could be addressed by limiting inspection to the applicant's legal representatives subject to confidentiality undertakings."]

Ratio Decidendi

The Parklea documents sought in paragraphs 2, 3, 6 and 7 had a legitimate forensic purpose and apparent relevance because the applicant and the Commission were entitled to know whether a successful tenderer would operate Parklea Correctional Centre on lower wages and conditions and what differences or other employment practices might be disclosed. Although the documents were highly confidential, that concern did not justify setting aside the summons and could be addressed by limiting inspection to the applicant's legal representatives subject to appropriate confidentiality undertakings. Documents relating to Cessnock Correctional Centre and the Court and Escort Security functions were not...

Court Disposition

The second respondent's notice of motion was dismissed, and production for inspection was ordered only for the applicant's legal representatives subject to confidentiality undertakings in relation to Parklea Correctional Centre documents.

Orders

  • ['Subject to appropriate confidentiality undertakings being provided to the second respondent and filed in the Commission, the documents sought in relation to the Parklea Correctional Centre in paragraphs 2, 3, 6 and 7 of the Summons for Production issued in these proceedings on 7 April 2009 on the application of...