Commissioner of Police v Kennedy

[2007] NSWCA 328

NSW Court of Appeal

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Interrogate

Catchwords

1. Police
2. › Conditions of service
3. › Superannuation and gratuities
4. › Application for gratuity under s 12D
5. › Decision by Commissioner whether injury caused by member being hurt on duty
6. › Whether 'the injury to which the claim relates' is the s 4 Workers Compensation Act injury or some further injury such as permanent impairment
7. › Police Regulation (Superannuation) Act 1906 (NSW), ss 1(2), 10B, 12D(3), 12D(4)(a), 21
1. Statutes
2. › Interpretation
3. › Defined terms
4. › Reading definition into operative provision
5. › Grammatical infelicity resulting from substitution
6. › Whether definition qualifies concept of injury beyond its defined meaning
7. › Police Regulation (Superannuation) Act 1906 (NSW), s 1(2)
8. › Workers Compensation Act 1987 (NSW), s 4

Quick Take

Under s 12D(4)(a) of the Police Regulation (Superannuation) Act 1906 (NSW), 'the injury to which the claim relates' refers to the s 4 Workers Compensation Act injury, not to permanent impairment or loss. The Commissioner's function is limited to determining the causal connection between the injury and employment; questions of permanent impairment are for the STC.