Rawson v Secretary, New South Wales Department of Education [2024] NSWIRComm 1060

Rawson v Secretary, New South Wales Department of Education [2024] NSWIRComm 1060

Non-disclosure orders are necessary in the interests of justice given the sensitive nature of evidence (including medical information), risks of identification of former and current students (some of whom are now adults but gave evidence about when they were children), and the small and specialised nature of the School. Suppression is justified to avoid discouraging reporting of teacher misconduct and to protect witnesses' welfare. The threshold for suppression is met as the risk of unacceptable consequences if orders are not made outweighs the principle of open justice.

Parties
Applicant/respondent in the Motion: Mai Rawson; Respondent/applicant in the Motion: Secretary, New South Wales Department of Education
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Unfair Dismissal Application / Motion for Non Disclosure Orders; Consequential Orders Following Discontinuance
Outcome
Orders for non-disclosure and restriction of access to the Commission file granted as sought by the respondent, with minor amendment.
Legal Topics
Unfair Dismissal, Non Disclosure Orders, Open Justice, Protection of Student Witnesses
Employment and Industrial Law Industrial Relations Unfair Dismissal Non Disclosure Orders Open Justice Protection of Student Witnesses

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Parties

Mai Rawson

Applicant/respondent in the Motion

Secretary, New South Wales Department of Education

Respondent/applicant in the Motion

Procedural Posture

Unfair Dismissal Application / Motion for Non Disclosure Orders; Consequential Orders Following Discontinuance

Legal Issues

  1. 1 Whether non-disclosure orders should be made to protect the identity of current and former students and the School
  2. 2 Whether it is necessary in the interests of justice to make such orders, having regard to the public interest and the principle of open justice

Ratio Decidendi

Non-disclosure orders are necessary in the interests of justice given the sensitive nature of evidence (including medical information), risks of identification of former and current students (some of whom are now adults but gave evidence about when they were children), and the small and specialised nature of the School. Suppression is justified to avoid discouraging reporting of teacher misconduct and to protect witnesses' welfare. The threshold for suppression is met as the risk of unacceptable consequences if orders are not made outweighs the principle of open justice.

Court Disposition

Orders for non-disclosure and restriction of access to the Commission file granted as sought by the respondent, with minor amendment.

Orders

  • Prohibition on disclosure, sharing or publication of any information or material (including but not limited to a name, address, health information or image) that identifies, or may lead to the identification of, the School, a current or former student of the School or another school.
  • Prohibition on doing any other thing that identifies, or may lead to the identification of, the School, a current or former student of the School or another school.