SAS Trustee Corporation v Woollard

(2014) 86 NSWLR 367; [2014] NSWCA 75

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Misconstruction of statute
5. › Whether misconstruction of precondition to exercise of power constitutes jurisdictional error
6. › Police Regulation (Superannuation) Act 1906 (NSW), s 10B(2)(a)
1. Statutory Interpretation
2. › Principles
3. › Purposive approach
4. › Limits of purposive construction
5. › Whether court may impute to legislature a policy it regards as desirable
6. › Whether regulations made after enactment of primary Act may be used to construe the Act
1. Words and Phrases
2. › Injury
3. › Notified
4. › Police Regulation (Superannuation) Act 1906 (NSW), s 10B(2)(a)
5. › Whether notification of symptoms of a subsequently diagnosed disease constitutes notification of the injury causing the infirmity
1. Appeal
2. › Jurisdiction of Industrial Court to hear appeal
3. › Whether dispute fell within s 67 of Superannuation Administration Act 1996 (NSW) or s 21 of Police Regulation (Superannuation) Act 1906 (NSW)
4. › Superannuation Administration Act 1996 (NSW), s 67(5)

Quick Take

Under s 10B(2)(a) of the Police Regulation (Superannuation) Act 1906 (NSW), notification of symptoms of a subsequently diagnosed psychiatric disease does not constitute notification of the 'injury which has caused the member's infirmity of body or mind'. The word 'injury' bears the same meaning regardless of whether the injury is physical or a disease of gradual onset. CPTSD can constitute an 'injury' under the Act, but the injury itself (not merely its symptoms) must be notified. Disputes concerning STC decisions on matters arising from a member being hurt on duty fall within the District Court's jurisdiction under s 21 of the Police Superannuation Act, not the Industrial Court under s 88 of the Superannuation Administration Act 1996.