Wilson v SAS Trustee Corporation

[2024] NSWCA 53

NSW Court of Appeal

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Interrogate

Catchwords

1. Superannuation
2. › Police superannuation
3. › Annual superannuation allowance
4. › Hurt on duty
5. › Certification of infirmity under s 10B(1)
6. › Whether additional infirmity may be certified after discharge
7. › Whether respondent functus officio
8. › Police Regulation (Superannuation) Act 1906 (NSW), ss 10, 10B
1. Statutory Interpretation
2. › Text, context and purpose
3. › Coherence of statutory scheme
4. › Constructional choice
5. › Whether statutory power may be exercised after initial exercise and discharge of member
6. › Police Regulation (Superannuation) Act 1906 (NSW), s 10B(1)

Quick Take

Former police officers who were discharged and received a s 10B(1) certification cannot subsequently apply for certification of additional infirmities under s 10B(1), even if those infirmities were caused by being hurt on duty.