APPEAL AGAINST THE DISCIPLINARY DECISION AND PENALTY GIVEN ON 31 OCTOBER 2024

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Steven Graham Innes

APPELLANT

-v-

North Metropolitan Health Service

RESPONDENT

CORAM PUBLIC SERVICE APPEAL BOARD

 Commissioner T Emmanuel - CHAIRPERSON

 MR D HILL - BOARD MEMBER

 MR J RAJA - BOARD MEMBER

DATE TUESday, 2 DECEMBER 2025

FILE NO PSAB 27 OF 2024

CITATION NO. 2025 WAIRC 00956

Result Application dismissed

Representation

Appellant No appearance

Respondent Mr J Carroll (of counsel)

Order

WHEREAS this is an appeal to the Public Service Appeal Board (Board) against a decision or finding referred to in section 172(1)(b) of the Health Services Act 2016 (WA) under section 80I(1)(c) of the Industrial Relations Act 1979 (WA);

AND WHEREAS application PSAB 27 of 2024 was listed for hearing on 19 and 20 August 2025, and on Tuesday, 3 June 2025, the parties were served with Notices of Hearing;

AND WHEREAS at the hearing on Tuesday, 19 August 2025, there was no appearance for or by Mr Innes;

AND WHEREAS on Tuesday, 19 August 2025, the Board’s Associate telephoned Mr Innes to explain that there was a hearing listed in the matter on Wednesday, 20 August 2025 at 10:30am, and the Board via its Associate had sent Mr Innes an email about the matter;

AND WHEREAS on Tuesday, 19 August 2025, the Board via its Associate emailed Mr Innes to the effect that neither he nor his representative appeared at the hearing, the hearing was adjourned until 10:30am the next day on Wednesday, 20 August 2025 for Mr Innes to show cause why application PSAB 27 of 2024 should not be dismissed for want of prosecution, and if he did not attend the hearing and did not show cause why his application should not be dismissed, then it will be dismissed for want of prosecution;

AND WHEREAS on Tuesday, 19 August 2025 Mr Innes emailed the Board and said:

I acknowledge with thanks, your email from your office received by me today, and the follow up phone call at about 12:30pm today, concerning my application PSAB 27/2024.

I note that I was supposed to attend a hearing of this matter today, the 19th of August, at 10:30 am, and again on the 20th of August, at 10:30 am, at 111 St Georges Terrace, Perth.

I was not aware of this requirement to attend, the matter being in the hands of my Lawyer, nor even aware of the scheduled hearing dates.

I have not heard anything from my Lawyer, Mr Haydon Bawden, of Juris Partners, since April 20th, 2025, confirming receipt of required payment made by myself,  for services rendered, on the due date.

My last contact with Haydon Bawden was on 1st September, making enquiry as to the latest updates pertaining to my case, but had not received any reply as of this date, being 19th August.

Reading through these emails received, I note that Haydon Bawden is on business in Indonesia, with return due in September, and I must wonder if he was aware of the scheduled hearing dates?

It is not for me to speculate, however, and I ask what is required of me at this point, to attend the hearing scheduled for 10:30 am on the 20th of August, without the representation of my lawyer, or will the matter be set aside until the return of Haydon Bawden in September, whichever date that may be?

Sorry to drone on, but this latest revelation is the source of quite some anxiety at present.

I will call you on the number provided [redacted] shortly, if you do not mind, for any advice you may have to impart.

AND WHEREAS on Tuesday, 19 August 2025, Mr Innes emailed the parties and the Board and said:

I am advised I am to attend my hearing tomorrow, being PSAB 27/2024, at 10:30 am, on the 20th of August, 2025, at 111 St Georges Terrace, Perth.

I also learned that I was supposed to attend today, being the 19th or August also, but was not aware of this fact, having not had any contact from Mr Bawden, currently away on business overseas, nor from Juris Partners.

I have spoken on the phone with Rhianne Dehne, of Emmanuel Chambers office, to this end, explaining my situation, and she has advised me to copy yourselves into these communications.

I will be attending the hearing tomorrow, with or without representation.

For your information.

AND WHEREAS at the hearing on Wednesday, 20 August 2025, Mr Innes appeared on his own behalf, and Mr J Carroll (of counsel) appeared on behalf of the respondent;

AND WHEREAS on Wednesday, 20 August 2025, the Board did not dismiss application PSAB 27 of 2024 because it was satisfied that the reason for Mr Innes’ non-appearance at the hearing on Tuesday, 19 August 2025 was due to his representative;

AND WHEREAS the Board provided copies of the documents filed in application PSAB 27 of 2024 to Mr Innes for his records, and Mr Innes agreed to update the Board by 4pm on Friday, 5 September 2025 about application PSAB 27 of 2024;

AND WHEREAS Mr Innes did not update the Board by 4pm on Friday, 5 September 2025 and the Board heard nothing further of substance from Mr Innes or his representative until Friday, 24 October 2025, when Mr Innes emailed the Board and said:

Thank you for your previous emails, dated 16th and 22nd September, concerning the new listing for my hearing of PSAB 27/2024.

These were not immediately read, as where I was located was remote, and with no internet or phone service available, relying on satellite phone and UHF/VHF radio only. 

I have only just recently returned to Perth after a work assignment in the north of the State, and have also found in my letterbox, the similar notification of the date and time of the hearing.

I certainly do intend to attend, hopefully with Mr Bawden, whom I am about to contact, and I thank you for your communication and advice.

AND WHEREAS the show cause hearing on Tuesday, 28 October 2025 was vacated at short notice, and that morning, the Board’s Associate wrote to Mr Innes and said:

This morning’s hearing is vacated

The show cause hearing in application PSAB 27/2024 this morning is vacated because one of the Public Service Appeal Board (Board) members is attending to an emergency.

Mr Innes, as you know this matter was listed for a show cause hearing because the Board had concerns that you have not been prosecuting your application. At the hearing on 20 August 2025, you agreed several times to update the Board by 5 September 2025. Specifically, you agreed to update the Board about:

• whether you wanted to proceed with your application at all;

• if so, whether you would proceed with Mr Bawden as your representative or with someone else representing you; and

• whether this matter could be listed for substantive hearing.

You did not update the Board.

Indeed, from the Board’s perspective, you have done nothing to prosecute application PSAB 27/2024 for several months following the previous show cause hearing.

From your email to the Board’s Associate on 24 October 2025, it seems you have been in a remote location for some time, where you were not contactable by telephone or email. Despite this, you have not provided the Board with alternative contact details or an alternative contact person in your absence.

Further, the Board informed you at the hearing on 20 August 2025 that it had concerns about the documents that have been filed on your behalf in this matter, given your evidence that you had never seen (let alone agreed to) the statement of agreed facts, agreed documents, your outline of evidence and your written submissions.

In the circumstances, the Board considers that you are not prosecuting your application. Unless you can show cause why application PSAB 27/2024 should not be dismissed for want of prosecution, it will be dismissed.

Direction

The Board directs you to file:

1. the documents;

2. outlines of witness evidence; and

3. written submissions setting out your arguments

that you rely on in this matter. You must do this by sending them to the Registry at registry@wairc.wa.gov.au by 4pm on Tuesday 11 November 2025.

AND WHEREAS Mr Innes did not comply with the Board’s direction to file the materials he relies on in application PSAB 27 of 2024, nor did he request more time to comply or explain why he has not complied with the Board’s directions;

AND WHEREAS on Thursday, 20 November 2025, the Board again emailed Mr Innes to explain a show cause hearing was listed in the circumstances for Mr Innes to show cause why application PSAB 27 of 2024 should not be dismissed, emailing and posting Notices of Hearing to the parties, and to Mr Innes directly, in application PSAB 27 of 2024: r 24(2)(d) Industrial Relations Commission Regulations 2005 (WA);

AND WHEREAS at the hearing on Tuesday, 2 December 2025 there was no appearance for or by Mr Innes;

AND WHEREAS the Board has the power to proceed to hear and determine the matter in the absence of any party who has been duly served with notice of the proceedings in accordance with s 27(1)(d) of the Industrial Relations Act 1979 (WA);

AND WHEREAS the Board was satisfied that Mr Innes had been duly served with notice of the show cause hearing and proceeded in Mr Innes’ absence;

AND WHEREAS at the show cause hearing the respondent said the Board should dismiss application PSAB 27 of 2024 because:

a)      Mr Innes has not provided an adequate explanation for the delay since 20 August 2025;

b)     Mr Innes has not complied with the Board’s directions;

c)      Mr Innes did not attend the show cause hearing; and

d)     the delay would cause some prejudice to the respondent if the application proceeded to substantive hearing and Mr Innes were reinstated, because it would increase the amount of backpay associated with reinstatement;

AND WHEREAS Mr Innes did not attend the show cause hearing on Tuesday, 2 December 2025 despite being served with Notice of Hearing;

AND WHEREAS the Board considers that Mr Innes:

a)      has not adequately updated the Board about application PSAB 27 of 2024;

b)     has not complied with the Board’s directions;

c)      has not asked for an extension of time to comply with the directions dated 28 October 2025;

d)     did not provide a means of contact or an alternate contact person to the Board in circumstances where the effect of Mr Innes’ emails to the Board dated 29 September and 24 October 2025 is that he was in a remote location and uncontactable;

e)      has shown a general pattern of not progressing his application for many months; and

f)       has not provided an adequate reason for the delay and his failure to prosecute his application;

AND WHEREAS the Board considers that the delay of over three months is a long delay in the context of this application, there has not been an adequate explanation for that delay, there is some prejudice to the respondent, there is no evidence of hardship to Mr Innes if his application is dismissed and there is nothing before the Board to suggest that the respondent’s conduct in the matter has in any way contributed to Mr Innes’ lack of prosecution of his application;

AND WHEREAS the Board considers that Mr Innes has had more than a reasonable opportunity to prosecute his application, but since the show cause hearing on 20 August 2025, Mr Innes has not done so. In all the circumstances, the Board considers that application PSAB 27 of 2024 should be dismissed under s 27(1)(a) of the Industrial Relations Act 1979 (WA) for want of prosecution;

NOW THEREFORE the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –

THAT application PSAB 27 of 2024 be, and by this order is, dismissed.

Commissioner T Emmanuel

ON BEHALF OF THE

PUBLIC SERVICE APPEAL BOARD