Reitano v. Commissioner of Police [2004] NSWCA 99

New South Wales Court of Appeal

CITATION : Reitano v. Commissioner of Police [2004] NSWCA 99 revised - 2/08/2004 HEARING DATE(S) : 5 February 2004 JUDGMENT DATE : 2 April 2004

JUDGMENT OF : Sheller JA at 1; Beazley JA at 2; Tobias JA at 44 DECISION : Appeal allowed; Remit the matter to the Government and Related Employees Appeal Tribunal for redetermination according to law.; The respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act 1951 if so entitled.

CATCHWORDS : ERROR OF LAW - APPEAL - Government and Related Employees Appeal Tribunal - Failure to determine whether statutory provision applied - Power to "stand down" police officer - Failure of Tribunal to determine a source of power to stand down police officer - Question whether action is authorised by statutory provision is a question of law - Question not deferrable to lay opinion - Section 11A of Workers Compensation Act 1987 - Section 8(3) of the Police Act 1990. Government and Related Employees Appeal Tribunal Act 1980 Police Act 1990 LEGISLATION CITED : Police Regulation (Superannuation) Act 1906 Suitors' Fund Act 1951 Workers Compensation Act 1987 PARTIES : Francesco Antonio Reitano (Appellant) Commissioner of Police (Respondent) FILE NUMBER(S) : CA 40258/03 COUNSEL : C. Ronalds (Appellant) E. Wasilena (Respondent) SOLICITORS : Walter Madden Jenkins (Appellant) NSW Police Service (Legal Services) (Respondent)

LOWER COURT GREAT JURISDICTION : LOWER COURT P2819 of 2000 FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :