Marie Anne Harvey v Director General, Department of Communities, Department of Housing and Works

[2026] WAIRC 00135 Single Commissioner (WAIRC) 2026-03-09 File: P 56/2025

Source

Commissioner Tsang

Not yet cited by other cases

Applicant: Marie Anne Harvey

First Respondent: Director General, Department of Communities

Ratio

The Commission issued directions requiring the applicant to provide medical evidence of unfitness to attend the Directions Hearing by 13 March 2026, and scheduled a Show Cause Hearing for 18 March 2026 to determine whether the matter should be dismissed under s27(1) of the Industrial Relations Act 1979 (WA) due to the applicant's non-appearance.

Outcome

Resolved adjourned

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

Applicant Marie Anne Harvey failed to appear at Directions Hearing on 9 March 2026
First and Second Respondents represented by counsel (M McIlwaine)
Applicant made no appearance at the hearing
A decision by the employer was taken on 10 October 2025, which is the subject of referral
The matter involves the Department of Communities and Department of Housing and Works

Factors

For

Respondents' counsel was present and ready to proceed
Applicant provided no explanation for non-appearance at the directions hearing

Against

Applicant did not appear at the hearing
Applicant has not provided evidence of unfitness to attend
No communication from applicant explaining absence

Concept tags · 4

[P]Interlocutory summary dismissal application [S]Procedural fairness at dismissal stage [S]Extension of time to file [S]Time limits for filing

Principles · 2

articulates para 1

A person may be certified as unfit to attend court proceedings by a registered medical practitioner under s79C(5) of the Evidence Act 1906 (WA).

articulates para 2

The Commission has power under s27(1) of the Industrial Relations Act 1979 (WA) to dismiss a matter where an applicant fails to prosecute their application.

Archived text (416 words)

REFERRAL OF A DECISION TAKEN BY THE EMPLOYER ON 10 OCTOBER 2025 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Marie Anne Harvey APPLICANT -v- Director General, Department of Communities FIRST RESPONDENT Director General, Department of Housing and Works SECOND RESPONDENT CORAM Commissioner C Tsang DATE Monday, 9 March 2026 FILE NO. P 56 OF 2025 CITATION NO. 2026 WAIRC 00135 Result Direction issued Representation Applicant No appearance First Respondent Mr M McIlwaine (of counsel) Second Respondent Mr M McIlwaine (of counsel) Direction HAVING heard from Mr M McIlwaine (of counsel) on behalf of the first and second respondent and there being no appearance on behalf of the applicant, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs – THAT the applicant produce to the Commission evidence in accordance with s 79C(5) of the Evidence Act 1906 (WA)* that certifies her as unfit to attend the Directions Hearing listed on Monday, 9 March 2026 at 11:00am (Directions Hearing) both in person and remotely, by 4:00pm on Friday, 13 March 2026. * s 79C(5) of the Evidence Act 1906 (WA) provides that a court may, in deciding whether or not a person is fit to attend, act on a certificate purporting to be the certificate of a registered medical practitioner. THAT subject to Direction 1 above, the matter be listed for a Show Cause Hearing on Wednesday, 18 March 2026 at 2:15pm, for the applicant to show cause as to why the matter should not be dismissed pursuant to s 27(1) of the Industrial Relations Act 1979 (WA). THAT subject to Direction 2 above, the parties submit to Chambers by 4:00pm on Friday, 20 March 2026, an agreed Minute of Proposed Directions programming the matter to hearing and determination. The agreed Minute of Proposed Directions should address the following matters: Informal discovery and any confidentiality orders required under the Children and Community Services Act 2004 (WA). The filing of an agreed statement of facts and of the issues to be determined at the hearing and the agreed legal principles relevant to the issues. The filing of an agreed bundle of documents. The filing of outlines of witness evidence and documents (other than those in the bundle of agreed documents). The filing of outlines of submissions. The number of days over which the matter should be set down for hearing having regard to the number of witnesses to give evidence at the hearing. THAT the parties have liberty to apply. Commissioner C Tsang