Miles v SAS Trustee Corporation [2011] NSWIRComm 15

Industrial Relations Commission New South Wales Medium Neutral Citation: Miles v SAS Trustee Corporation [2011] NSWIRComm 15 Hearing dates: 1 November 2010 Decision date: 03 March 2011 Jurisdiction: Industrial Court of NSW Before: Boland P at 1, Walton VP at 23, Kavanagh J at 24 Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: SUPERANNUATION - Appeal - Appellant medically discharged from the Police Force in 2003 - Found by trustee of Police Superannuation Fund to be incapable, from a specified infirmities of body, of personally exercising the functions of a police officer - Appellant received superannuation allowance - application to trustee in 2009 to amend the certificate issued in 2003 to add Post Traumatic Stress Disorder ("PTSD") to the infirmities of body that constituted the original basis of the certificate - Application to amend rejected by trustee - Trustee took the view there was no "dispute" because the appellant could not have been "aggrieved" by the original decision in 2003 whereby the trustee had certified all the medical conditions claimed by the appellant at the time - Trustee submitted as there had been no determination of a dispute, no appeal lies to the Industrial Court - Held at first instance trustee was correct in view taken - On appeal, first instance decision upheld by majority - Leave to appeal granted - Appeal dismissed

APPEAL - Superannuation - Police officer hurt on duty - Appellant medically discharged from the Police Force in 2003 - Found by trustee of Police Superannuation Fund to be incapable, from a specified infirmities of body, of personally exercising the functions of a police officer - Appellant received superannuation allowance - application to trustee in 2009 to amend the certificate issued in 2003 to add Post Traumatic Stress Disorder ("PTSD") to the infirmities of body that constituted the original basis of the certificate - Application to amend rejected by trustee - Trustee took the view there was no "dispute" because the appellant could not have been "aggrieved" by the original decision in 2003 whereby the trustee had certified all the medical conditions claimed by the appellant at the time - Trustee submitted as there had been no determination of a dispute, no appeal lies to the Industrial Court - Held at first instance trustee was correct in view taken - On appeal, first instance decision upheld by majority - Leave to appeal granted - Appeal dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) s 14(1) Police Regulation (Superannuation) Act 1906 (NSW) s 9A, s 10, s 10B, s 23E Superannuation Administration Act 1996 (NSW) s 51, s 67, s 88 Cases Cited: Baker v Local Government Superannuation Scheme [2007] NSWSC 1173 Day v Commissioner of Police [2009] NSWCCA 222; (2009) 187 IR 338 Gilberg v Stevedoring Employees Retirement Fund Pty Ltd [2008] NSWSC 1318 Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409; (2005) 150 IR 263 Karger v Paul [1984] VR 161 Miles v SAS Trustee Corporation [2010] NSWIRComm 69 Murray v Commissioner of Police (2005) 2 DDCR 31 Saad v Commissioner of Police (1995) 12 NSWCCR 70 SAS Trustee Corporation v Daykin [2002] NSWIRComm 124; (2002) 115 IR 172 Swift v SAS Trustee Corp [2010] NSWCA 182 Tonkin v Western Mining Corporation Limited (1998) 10 ANZ Insurance Cases 61-397 Woodlands v SAS Trustee Corporation [2001] NSWIRComm 232 Category: Principal judgment Parties: Peter Miles (Appellant) SAS Trustee Corporation (Respondent) Representation: T Edwards of counsel (Appellant) T Ower of counsel (Respondent) Harris Wheeler Lawyers (Appellant) SAS Trustee Corporation (Respondent) File Number(s): IRC 528 of 2010 Decision under appeal Jurisdiction: 9105 Citation: Miles v SAS Trustee Corporation [2010] NSWIRComm 69 Date of Decision: 2010-06-07 00:00:00 Before: Staff J File Number(s): IRC 1557 of 2009