CASE PROCEDURES – evidence – production of documents – ss.590, 789FC Fair Work Act 2009 – application sought orders to stop bullying at work – Dr McShane made application for orders for production of documents – two orders issued, one directed at Professor Gopalan at Deakin University (Deakin) and one directed at Ms Champness at University of Newcastle (UoN) – orders sought production of investigation report into allegations of misconduct by Professor Gopalan – Deakin and UoN objected to production – immediate question whether report had any relevance in determining whether Professor Gopalan’s behaviour towards Dr McShane at work was unreasonable and created risk to health and safety – report related to investigation of matters at UoN – Dr McShane did not say that he was subject to bullying behaviour because of any behaviour that occurred at UoN or behaviour engaged in by Professor Gopalan while at UoN – findings Commission must make in relation to substantive application relate to behaviour that occurred while Professor Gopalan was employed by Deakin – Commission found substantive task weighs against finding that report was relevant to matters to be ultimately determined by Commission – report does not need to have direct relevance to the finding that must be made but must have apparent relevance – further ground on which report might not be required would be if grant of order would be oppressive – terms of reference for report went beyond behaviour of Professor Gopalan and other persons named in report may have not yet had chance to respond – Commission held this alone would not provide basis to grant application to revoke order – Commission not satisfied test of relevance met – application by Deakin and UoN to set aside orders requiring production of report granted. Re: McShane
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