NSW Caselaw
Industrial Court of New South Wales
CITATION: Hazlewood v SAS Trustee Corporation [2008] NSWIRComm 215
APPELLANT PARTIES: Henry Hazlewood RESPONDENT SAS Trustee Corporation
FILE NUMBER(S): IRC 453 of 2007
CORAM: Marks J
CATCHWORDS: Superannuation appeal - appellant medically discharged from police force - respondent rejected claim by appellant that entitled to superannuation benefit based on condition of post traumatic stress disorder (PTSD) - held totality of medical evidence indicates diagnosis of PTSD was appropriate - aggregation of events over time caused PTSD - at time of discharge from police service appellant was suffering from PTSD - causal relationship of PTSD with appellant's service in police force - PTSD accepted as infirmity of mind - notification of injury causing PTSD to Commissioner of Police prior to retirement and within six months of injury - traumatic stressor events regarded as the injury - held technical non-compliance with requirement to notify Commissioner of Police of the "injury" - held to allow appellant's claim would be consistent with STC's fiduciary obligations - utilise power of compromise - conclude that appellant was incapable due to infirmity of mind of exercising functions of police officer at date of discharge from police force
Colonial Police Act 1850 Police Act 1990 s14 LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 s3, s7, s8, s10B Police Superannuation Regulation 1984 Superannuation Administration Act 1996 s49, s51, s66, s88 Trustee Act 1925
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