Industrial Relations Act 2016

Subsection (2) applies if records, tendered to the court or commission, relate to—

a person’s trade secrets; or

the financial position of a party or witness.

The records can not, without the consent of the person, party or witness, be inspected by a person other than—

a member of the court or the commission; or

an expert witness for the records.

Subsection (2) does not apply to records relating to the financial position of a party or witness who claims that the financial position of a business or industry does not permit the payment of wages, or the granting of conditions—

claimed in the proceedings in which the records are tendered; or

under a proposed industrial instrument or order to which the proceedings relate.

If the court or commission directs that information relating to a person’s trade secrets or financial position be given in evidence, the evidence must be taken in private, if the person asks.

The court, commission or registrar may direct—

a report, or part of a report, of proceedings in an industrial cause not be published; or

evidence given, records tendered or things exhibited in proceedings for an industrial cause be withheld from release or search.

The direction may prohibit the publication, release or search absolutely, or except on conditions ordered by the court, commission or registrar.

The direction may be given if the court, commission or registrar considers—

disclosure of the matter would not be in the public interest; or

persons, other than parties to the cause, do not have a sufficient legitimate interest in being informed of the matter.

A person must not give as evidence, or publish, material in contravention of this section or of a direction under this section.Maximum penalty—16 penalty units.

In this section—

expert witness, for records, means a person appointed by the court or commission as an expert to examine and report on the records.