Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Kevin Costello v Director of Public Employment by his agent the Secretary of the Treasury [2010] NSWIRComm 181

Industrial Court of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Kevin Costello v Director of Public Employment by his agent the Secretary of the Treasury [2010] NSWIRComm 181

PARTIES: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Director of Public Employment by his agent the Secretary of the Treasury (Respondent)

FILE NUMBER(S): IRC 767 of 2010

CORAM: Haylen J

DECLARATION - Industrial Relations Act 1996 - s 154 - validity of process whereby officer retired from public sector pursuant to s 25 Public Sector Employment and Management Act 2002 - requirement for medical opinion as to officer's capacity to discharge his duties and whether any incapacity "likely to be permanent" - medical referral did not ask for opinion on "likely permanent" nature of incapacity but asked for opinion on retirement - question of retirement for Department Head or delegate based on medical opinion that incapacity "likely to be permanent " - delegate acts without receiving clear medical advice as to permanent nature of incapacity - decision to retire invalid - officer not retired according to requirement of s 25 CATCHWORDS: PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - s 25 - medical retirement due to officer's inability to discharge duties of his office - requirement for incapacity to be "likely to be permanent" - medical opinion fails to express necessary assessment of likely permanent nature of incapacity - decision to retire officer invalid - declaration of invalidity made pursuant to s 154 of Industrial Relations Act 1996