Towers v SAS [2002] NSWCC 51

Reported Decision : (2002) 23 NSWCCR 736

Compensation Court of New South Wales

CITATION : Towers v SAS [2002] NSWCC 51 PARTIES : Malcolm Towers SAS Trustee Corporation MATTER NUMBER(S) : 4223 of 2001 JUDGMENT OF: Bishop J at 1 CATCHWORDS: Assessment of Compensation :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 14th June 2002 DATE OF JUDGMENT: 07/10/2002

FOR APPLICANT: Mr B Slowgrove instructed by Taylor & Scott LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr T Ower instruct by Brian Matthews

JUDGMENT: 1. This is an appeal by a former member of the Police Service against a determination made on 31 January 2001 by the Police Superannuation Advisory Committee by which determination an increase was approved of the applicant's pension from 72.75 per cent to 77 per cent payable from the date of application for an increase which was 25 August 2000. The percentages relate to his salary of office. The relief sought was that the applicant's superannuation pension should be increased to 85 per cent of his salary of office as from the date of his discharge of 6 May 1999. 2. The background to this is explained by reference to the relevant part of the provisions of s 10(1A) of the Police Regulation (Superannuation) Act 1906: (1A) Subject to this section, the annual superannuation allowance for a disabled member of the police force is: (a) an amount that is equal to 72.5 per cent of his salary of office; and (b) except where paragraph (c) applies, an additional amount this is:

(i) not more than 12.25 per cent of his salary of office; and (ii)commensurate, in the opinion of the Board, with his incapacity for work outside the police force;