Under s 12D(4)(a) of the Police Regulation (Superannuation) Act 1906 (NSW), the Commissioner's inquiry into whether an injury was caused by being 'hurt on duty' is framed by the injury as pleaded in the District Court proceedings (which operate as a hearing de novo), not by the broader description in the initial application to STC. If a primary judge narrows the factual inquiry to a particular type of injury within the pleaded category, that is an error in the fact-finding process, not an error of law, unless the reasoning is so irrational as to constitute jurisdictional error. A judge's impermissible use of personal medical knowledge does not necessarily occasion procedural unfairness if the ultimate findings are supported by the evidence.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.