John Northfield v The Commissioner of Police [2006] NSWDC 39

New South Wales District Court

CITATION: John Northfield v The Commissioner of Police [2006] NSWDC 39

HEARING DATE(S): 07/02/2006-10/02/2006 EX TEMPORE JUDGMENT DATE : 02/10/2006

JURISDICTION: Civil (Residual Jurisdiction)

JUDGMENT OF: Neilson DCJ at 1

DECISION: The decision of the Commissioner of Police is set aside.; The suffering by the plaintiff of the infirmity of chronic post traumatic stress disorder as specified in the certificate of the Police Superannuation Advisory Committee was caused by the plaintiff having been hurt on duty.; The defendant to pay plaintiff's costs.; Exhibit L to be returned to appropriate subpoena packet.

CATCHWORDS: Police Regulation (Superannuation) Act 1906 - Hurt on Duty claim - Court bound by certificate of Police Superannuation Advisory Committee and implications arising from diagnosis

LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 (NSW)

Saad v The Commissioner of Police 12 NSWCCR 70 CASES CITED: Gannon v The Commissioner of Police 1 DDCR 380 Murray v The Commissioner of Police 2 DDCR 31

PARTIES: John Northfield (Plaintiff) Commissioner of Police (Defendant)

FILE NUMBER(S): RJ664/03

COUNSEL: Mr T Ower (Plaintiff) Ms E Glover (Defendant)

JUDGMENT

1 HIS HONOUR: The plaintiff, Mr John William Northfield, is a former Detective Senior Constable of Police. He was attested as a Probationary Constable on 19 December 1986. On 31 July 2003 the Police Superannuation Advisory Committee established by the Police Regulation Superannuation Act 1906 ("the Act") certified that the plaintiff was incapable of discharging the duties of his office on account of the infirmity of "chronic post traumatic stress disorder".