McDonald v Commissioner of Police

Solicitors: Carroll & O'Dea Lawyers (Applicant) K&L Gates (Respondent) File Number(s): 2016/00122514

INTERLOCUTORY DECISION

1. The matter before the Commission is an application by Christian McDonald pursuant to section 84 of the Industrial Relations Act 1996 ('the Act') for relief in relation to unfair dismissal. Prior to the termination of the applicant's employment, he was a Senior Constable in the NSW Police Force. The respondent to the application is the Commissioner of Police.
2. This interlocutory decision is in relation to a Notice of Motion filed by the applicant which seeks an order pursuant to section 164A of the Act prohibiting the disclosure of the applicant's name, address, picture and/or any matter that would identify the applicant and/or lead to identification of the applicant. I have treated the motion as an application for such an order.
3. Section 164A of the Act is in the following terms: 164A Powers of Commission as to the disclosure of matters before the Commission (1) A "non-disclosure order" is any of the following orders: (a) an order prohibiting or restricting: (i) the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, any person (whether or not a party to proceedings before the Commission or a witness summoned by, or appearing before, the Commission), or (ii) the doing of any other thing that identifies, or may lead to the identification of, any such person, (b) an order prohibiting or restricting the publication or broadcast of any report of proceedings before the Commission, (c) an order prohibiting or restricting the publication of evidence given before the Commission, whether in public or in private, or of matters contained in documents lodged with the Commission or received in evidence by the Commission, (d) an order prohibiting or restricting the disclosure to some or all of the parties to the proceedings of evidence given before the Commission, or of the contents of a document lodged with the Commission or received in evidence by the Commission, in relation to the proceedings. (2) The Commission in Court Session may make any non-disclosure order if it is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason. (3) The Commission (other than in Court Session) may make any non-disclosure order if it is satisfied that it is necessary to do so in the interests of justice. (4) The Commission may from time to time vary or revoke an order it has made under this section. (5) Nothing in this section operates to limit any power of the Commission in Court Session apart from this section to make a non-disclosure order or any other order prohibiting or restricting the disclosure or publication of matters before the Commission.