SAS Trustee Corporation v Hazlewood [2009] NSWIRComm 157

Industrial Court of New South Wales

CITATION: SAS Trustee Corporation v Hazlewood [2009] NSWIRComm 157

PARTIES: SAS Trustee Corporation (Appellant) Henry Hazlewood (Respondent)

FILE NUMBER(S): IRC 2293 of 2008

CORAM: Boland J President at [1]; Walton J Vice-President at [49]; Staff J at [52]

APPEAL - superannuation - police -appellant former police officer received medical discharge - no claim for hurt on duty - former police later claimed hurt on duty as a consequence of an injury causing infirmities - Later application by former police officer seeking to add post traumatic stress disorder (PTSD) as an infirmity causing incapacity to perform duties - at first instance held that former police officer suffered PTSD at time of discharge and that pursuant to the power of the respondent to engage in compromise under the Superannuation Administration Act 1996 primary judge held that claim for superannuation allowance should be allowed - appeal by respondent to Full Bench - Full Bench held there was no requisite notice by former officer of injury to Police Commissioner said to be causative of PTSD - also held by Full Bench compromise not available - leave to appeal granted - appeal upheld - costs reserved

CATCHWORDS: POLICE -superannuation - appeal - appellant former police officer received medical discharge - no claim for hurt on duty - former police later claimed hurt on duty as a consequence of an injury causing infirmities - Later application by former police officer seeking to add post traumatic stress disorder (PTSD) as an infirmity causing incapacity to perform duties - at first instance held that former police officer suffered PTSD at time of discharge and that pursuant to the power of the respondent to engage in compromise under the Superannuation Administration Act 1996 primary judge held that claim for superannuation allowance should be allowed - appeal by respondent to Full Bench - Full Bench held there was no requisite notice by former officer of injury to Police Commissioner said to be causative of PTSD - also held by Full Bench compromise not available - leave to appeal granted - appeal upheld - costs reserved