The Commissioner of Police's decision under s 12C(1) of the Police Regulation (Superannuation) Act 1906 that a member's death was caused by being hurt on duty is binding on the SAS Trustee Corporation and the District Court, establishing that the injury arose out of or in the course of employment and that employment was a substantial contributing factor, though not as to the particular circumstances of the injury. A trial judge who departs from the common position of the parties as to the factual basis of the claim without notice commits a failure of procedural fairness giving a grievance in point of law.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.