Police Association of New South Wales v Commissioner of Police [2010] NSWIRComm 82

Industrial Court of New South Wales

CITATION: Police Association of New South Wales v Commissioner of Police [2010] NSWIRComm 82

PARTIES: Police Association of New South Wales (Applicant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 1518 of 2009

CORAM: Staff J

AWARD BENEFIT - APPLICATIONS FOR DECLARATIONS OF RIGHT - former police officer - receipt of partial and permanent disability off duty benefit - claim for payment of on duty partial and permanent disability benefit under Award denied by respondent - proceedings commenced in the Workers Compensation Commission challenging assessment of NSW Police workers compensation insurer - workers compensation proceedings resolved by way of agreement and consent orders - whether respondent estopped from denying injury subject of workers compensation proceedings - whether respondent estopped from denying former police officer entitled to on duty benefit - whether respondent estopped from denying former police officer not entitled to on duty benefit because of failure to comply with mutual obligation requirement in Award - whether privity of interest between a union and its members - discretion - held - Court has jurisdiction to make declarations sought - declaration can be made on the basis of issue estoppel - determination made by Workers Compensation Commission gives rise to an estoppel - applicant heard in proceedings through her union at her request and with her consent - Industrial Relations Act 1996 (NSW), s 154

CATCHWORDS: POLICE - former police officer seeking declaratory orders as to entitlement to on duty partial and permanent disability benefit under Award - Workers Compensation Commission proceedings challenging assessment of NSW Police workers compensation insurer - proceedings resolved by way of agreement and consent orders - whether respondent estopped from denying the injury the subject of Workers Compensation Commission proceedings is also estopped from denying applicant entitled to on duty partial and permanent payment under the Award because same injury