WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES ROSS ALEXANDER EMERSON AND CIVIL SERVICE ASSOCIATION OF WESTERN AUSTRALIA INCORPORATED, APPLICANTS v. DIRECTOR GENERAL, DEPARTMENT OF CONSUMER AND EMPLOYMENT PROTECTION, RESPONDENT CORAM COMMISSIONER P E SCOTT PUBLIC SERVICE ARBITRATOR DELIVERED FRIDAY, 5 APRIL 2002 FILE NOS P 44 OF 2001, P 45 OF 2001 CITATION NO. 2002 WAIRC 05160 _________________________________________________________________________________________________________ Result Orders regarding discovery _________________________________________________________________________________________________________ Order WHEREAS these are applications pursuant to Section 80E of the Industrial Relations Act 1979; and WHEREAS on the 28th day of March 2002 the Public Service Arbitrator convened a conference for the purpose of dealing with interlocutory matters between the parties; and WHEREAS at the conclusion of that conference orders regarding discovery were made; NOW THEREFORE, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders— 1. That by no later than the 11th day of April 2002 the parties shall provide to each other, verified by sworn affidavit, a list comprising of complete, accurate and detailed information of all the documents in their power, possession, custody and/or control in relation to the voluntary severance offer/s the respondent put to Mr Ross Emerson, which may relate to these matters. 2. Specifically, such documents are to include but are not limited to— 2.1 any memorandums, policies, file notes, notes (handwritten or otherwise, formally or informally filed), e- mails, letters or other correspondence sent or received, minutes or agendas of meetings, facsimiles. 2.2 any correspondence, reports, briefs or up-dates, any correspondence or other documents sent to, or received from the Minister in relation to the offer of severance to Mr Emerson, including but not limited to the Minister’s approval of the offer of severance to Mr Emerson. 2.3 any written delegations given to the respondent by the Minister with respect to the approval and progression of voluntary severances. 2.4 complete and unedited copies of the deeds of severance executed between the respondent (comprising of its current name and the entities which existed prior to the respondent’s creation which now comprise DOCEP) and other former employees, within the last 2 years. Provided that such documents may be edited to remove the names and addresses of the officers the subject of the severance deeds. 2.5 any documents which contain any details about Ministerial or other approval of the offering of voluntary severances to employees of the Director General of the Respondent which includes, but may or may not be limited to employees of the respondent, any related or such documents which may contain details of the terms and conditions on which such offers may be made. 3. For the purposes of these orders “documents” includes any hard copy (paper) or electronic recording of information (including but not limited to e-mails), whether typed or handwritten or otherwise, whether formally filed or not. 4. The list of documents verified by affidavit is to contain the following information on the documents— 4.1 a brief description of each and every document (purpose or document type - ie letter, report, email etc); 4.2 creation date of each document; 4.3 author/s of each document; 4.4 to whom the document was sent/for whom it was created; 4.5 whether the document is subject to legal professional privilege. 5. The parties shall, as soon as reasonably practicable after the completion of the process set out above, notify each other of the documents they wish to inspect and thence arrange for the provision of copies of those documents to each other, save those referred to in paragraph 4.5. (Sgd.) P.E. SCOTT, [L.S.] Commissioner. Public Service Arbitrator. ____________________ 596 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 82 W.A.I.G. 2002 WAIRC 04989