Gary Remoundos v The Commissioner of Police [2006] NSWDC 40

New South Wales District Court

CITATION: Gary Remoundos v The Commissioner of Police [2006] NSWDC 40

HEARING DATE(S): 30/05/2006-02/06/2006 EX TEMPORE JUDGMENT DATE : 06/02/2006

JURISDICTION: Civil (Residual Jurisdiction)

JUDGMENT OF: Neilson DCJ at 1

DECISION: Set aside the decision of the Commissioner of Police; The suffering by the plaintiff of the infirmity of "chronic dysthymic disorder with anxiety features", as specified in the certificate of the Police Superannuation Advisory Committee was caused by the plaintiff's having been hurt on duty; Defendant to pay the plaintiff's costs

CATCHWORDS: Police - Psychological injury - Officer applies to be medically discharged - Resigns - STC certified chronic dysthymic disorder with anxiety features - Commissioner decides former officer not hurt on duty - Appeal from decision - Two unfounded allegations against officer delayed promotion for 5 years - Later complaint by senior officer - Criminal investigation leads to punitive transfer - Disorder arose out of or in course of employment - Officer subsequently develops drug habit and engages in drug trafficking - Conviction and imprisonment - Appeal succeeds - Police Regulation (Superannuation) Act 1906 (NSW), s 1(2) "hurt on duty", s 21 - Workers Compensation Act 1987 (NSW), s 47

LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 (NSW) Workers Compensation Act 1987 (NSW)

CASES CITED: Calman v The Commissioner of Police (1999) 16 NSWCCR 389 Townsend v The Commissioner of Police (1992) 25 NSWCCR 9

PARTIES: Gary Remoundos (Plaintiff) Commissioner of Police (Defendant)

FILE NUMBER(S): RJ482/03