Police Association of New South Wales on behalf of Craig Clifton v NSW Police Force [2009] NSWIRComm 220

Industrial Relations Commission of New South Wales

CITATION: Police Association of New South Wales on behalf of Craig Clifton v NSW Police Force [2009] NSWIRComm 220

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

FILE NUMBER(S): IRC2401 of 2008

CORAM: Kavanagh J

CATCHWORDS: POLICE - Final Orders to give effect to Decision - supervening event being the payment of total and permanent disablement benefit - new payment made by another fund held by an insurer - Crown Employees (Police Officers Death and Disability) Award 2005 - effect of clauses 7, 9 and 10 - Decision gives entitlement to correct payment for partial and permanent disablement - Decision not affected by supervening event - effect of clause 10.6 of Award consideration - applicant presses for Orders - Orders given in accordance with Decision - Stay granted

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 17th December 2009 EXTEMPORE JUDGMENT DATE: 17 December 2009

Mr I C Latham of counsel (applicant) Messrs Baker & Edmunds LEGAL REPRESENTATIVES:

Mr A Britt of counsel (Respondent) Messrs Blake Dawson

JUDGMENT:

- 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Kavanagh J Thursday 17 December 2009

Matter No IRC 2401 of 2008 POLICE ASSOCIATION OF NEW SOUTH WALES ON BEHALF OF CRAIG ANDREW CLIFTON v NEW SOUTH WALES POLICE FORCE Application by the Police Association of New South Wales on behalf of its member Craig Andrew Clifton for recovery of money under section 365 of the Industrial Relations Act 1996 EX TEMPORE DECISION (Final Orders) [2009] NSWIRComm 220