Calman v Commissioner of Police [1999] HCA 60

High Court of Australia Gaudron ACJ, McHugh, Gummow, Kirby and Callinan JJ Calman v Commissioner of Police (S187/1998) [1999] HCA 60

Catchwords

Workers compensation - police - compensation - disease contracted in the course of employment - aggravation of a disease where employment was a contributing factor - whether officer entitled to compensation - nature of entitlement - necessity of appeal to Government and Related Employees Appeal Tribunal to vindicate entitlement - whether hurt on duty, Police Regulation (Superannuation) Act 1906 NSW, s 1(2) - whether an injury, Workers Compensation Act 1987 NSW, s 4(b) - relationship between definition of hurt on duty and Police Service Regulations 1990 NSW, reg 98

Police - compensation - incapacity of officer - disease contracted in the course of employment - aggravation of a disease where employment was a contributing factor - procedure for vindicating entitlement to compensation - appeal from decision of Commissioner of Police to Government and Related Employees Appeal Tribunal

Administrative law - police - workers compensation - procedure for vindicating entitlement to compensation - decision of delegate of Commissioner of Police - appeal to Government and Related Employees Appeal Tribunal

Legislation Cited

Government and Related Employees Appeal Tribunal Act 1980 NSW, ss 5, 24, 48, 54.

Police Regulation Act 1899 NSW, s 12.

Police Regulation (Appeals) Act 1923 NSW, s 6(1)(c).

Police Regulation (Superannuation) Act 1906 NSW, ss 1(2), 10.

Police Regulation (Superannuation and Appeals) Amendment Act 1979 NSW.

Police Service Act 1990 NSW, ss 31, 186, 219.

Supreme Court Act 1970 NSW, ss 48, 75A.

Workers Compensation Act 1987 NSW, ss 4, 33.

Police Rules 1977 NSW, r 76(1).

Police Service Regulations 1990 NSW, reg 98.

ORDER

1. Appeal allowed with costs.