In Black v Stone [2024] QMC 6, the issue revolved around an attendance notice to produce documents filed by Dennis Black against Mark Douglas Stone in the Industrial Magistrates Court. Black, whose First-Class and Second-Class Mine Manager Certificates of Competency were cancelled by the CEO of Resources Safety and Health Queensland, appealed this decision. His appeal, based on the Coal Mining Safety and Health Act 1999 (Qld), encountered a procedural hurdle when he sought to compel production of documents from a non-party, Helena Langton (Secretary to the Board of Examiners), seeking information on other certificate holders who had their certifications suspended or cancelled. The court, guided by specific provisions of the Industrial Relations (Tribunal) Rules 2011 (Qld), ruled against issuing the attendance notice to Langton. Magistrate Pinder focused on whether reasonable attempts had been made to obtain the documents from a non-party under applicable regulations, concluding that they had not.
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