SCHINNERL v THE COMMISSIONER OF POLICE [1992] NSWCA 224

SCHINNERL v THE COMMISSIONER OF POLICE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, KIRBY P and HANDLEY JA 3 December 1992, 3 December 1992

[1992] NSWCA 224

SUPERANNUATION — police — claim to be made within 90 days of notification — whether oral notification sufficient to cause time to run — held: It was not. INFERIOR COURTS and TRIBUNALS — Compensation Court — implied powers of. WORDS and PHRASES — "notify". SUPERANNUATION — police officers — retirement for infirmity of body or mind — claim of anxiety depressive state — claim rejected — instruction by Commissioner for officer to be informed of rejection — entitlement of person aggrieved to have determination reconsidered by Compensation Court provided application made within 90 days after notification of decision — oral notification — letter also sent to officer — application to Compensation Court made — belated application by Commissioner, during hearing, for entitlement to amend to raise defence that application is out of time — application granted — judge (Egan CCJ) dismisses claim on acceptance of evidence of oral notification by claims officer which put application out of time — held: The notification given was not a formal and serious notification of the kind which would attract the time limit and accordingly the application was within time and should be determined on its merits. INFERIOR COURTS AND TRIBUNALS — Compensation Court — powers of — implied powers to extend time — John Fairfax and Sons Limited v Police Tribunal of New South Wales and Anor (1986) 5 NSWLR 465 (CA) referred to. WORDS and PHRASES — "notification".

Police Regulation (Superannuation) Act 1906, s10, s10B(2), s10B(3) and s21(1).

Priestley JA S10 of the Police Regulation (Superannuation) Act provides that a former member of the police Force who retires may be granted an annual superannuation allowance upon satisfying two conditions: (1) That the State Authorities Superannuation Board certifies under s10B(2) that the member would have been incapable from infirmity of body or mind to discharge his duties at the time of retirement; (2) that the Police Commissioner determine under s10B(3) that the infirmity was caused by the former member having been hurt on duty.