Case procedures – evidence – production of documents – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant sought production of documents in relation to investigation following complaint from patient that led to issue of letter warning to applicant – submitted documents relevant to determining whether complaint should have been upheld and warning issued – respondent submitted Commission should have regard to s.28(2) of Evidence (Miscellaneous Provisions) Act 1958 (Vic) (Evidence Act) and not order production because patient had not consented to medical records being disclosed – Commission did not consider it was bound by Evidence Act – Commission not a court and as such s.79 of the Judiciary Act 1903 did not have effect of making Evidence Act binding on Commission – Commission’s conduct of procedures could not be limited by state legislation – satisfied that documents sought had apparent relevant to matter in dispute – order issued subject to conditions that documents treated as confidential and not to be used for any purpose other than this proceeding – applicant to view documents under supervision but not permitted to make copies – documents may be redacted to de-identify patient. Sirdesai v Eastern Health
