Police Association of NSW on behalf of Craig Clifton v NSW Police Force [2009] NSWIRComm 197

Industrial Relations Commission of New South Wales

CITATION: Police Association of NSW on behalf of Craig Clifton v NSW Police Force [2009] NSWIRComm 197

Police Association of NSW on behalf of Craig Clifton (Applicant) PARTIES: NSW Police Force (Respondent)

FILE NUMBER(S): IRC2401 of 2008

CORAM: Kavanagh J

CATCHWORDS: POLICE - Crown Employees (Police Officers Death and Disability) Award 2005 - purpose and proper application of cl 9.3 - determination made that officer had "on duty" injuries to knees but a psychological "off duty" injury - determination under the Workers Compensation Act 1987 required as to whether the Police Officer was injured at work - first consideration must be fair as it affects determination as to what is the appropriate benefit paid to officer - procedure followed as to question of on-duty/off-duty not fair - rehabilitation and retraining not given - payment is for compensation for the loss of career - appropriate payment for a terminated officer - "partial and permanent disability benefit" or a "permanent disability benefit" - psychological condition secondary to knee injury - one injury - work a substantial contributing factor - reasonable act of employer not causally connected to condition - payment awarded under cl 9.3 not cl 9.4

LEGISLATION CITED: Industrial Relations Act 1996 Workers Compensation Act 1987

Dayton v Coles Supermarkets Pty Ltd [2001] NSWCA 153 Marton Cook v TAFE Commission (1999) 17 NSWCCR 632 Mercer v ANZ Banking Group Ltd (2000) 48 NSWLR 740 CASES CITED: Police Association of New South Wales (on behalf of Sahra Gulbis) v Commissioner of Police [2008] NSWIRComm 187 Ray v Radano [1967] AR NSW 471 Rootsey v Tiger Nominees Pty Ltd (2002) 23 NSWCCR 725 Stimson v NSW Police Service [2008] NSWIRComm 196