Fox v NSW Police Force [2012] NSWIRComm 1005

Industrial Relations Commission New South Wales Medium Neutral Citation: Fox v NSW Police Force [2012] NSWIRComm 1005 Hearing dates: 08/03/12 Decision date: 11 April 2012 Before: Ritchie C Decision: Catchwords: Police officer filed Notice of Appeal-Hurt on Duty. Officer left home to drive to work-realised had left glasses and USB at home- returned to home parking within the boundaries of his abode- given glasses case by wife turned to return to return to car and fell breaking his leg. Claim by appellant that it was only one journey involved or in the alternative he was on duty at the time. Respondent argued that he had completed one journey and had yet to commence his second journey and that point on injury not on duty. Found in favour of respondent that appellant had completed one journey and had yet to commence second journey, and that the accident did not arise out of his employment nor was his employment a substantial contributing factor . Appeal denied. Legislation Cited: Police Act, 1990: Workers Compensation Act, 1987 Cases Cited: Williams v Duncan Condenser Ltd (1949) WCR (NSW) 122: Calvert v Soden (1994) 10 NSW CCR 139: Athval Management Pty Ltd v Doherty (2000) 220 NSWCCR 687: Minchinton v Homfrey (1994) 10 NSWCCR 778: Vetter v Lake Macquarie Council (2001) 202 CLR 439: Badawi v Nexon (2009)7DDCR 75:Maurino v Amberlor Pty Ltd (1996)CCR 16: Smith v Brown (1998) NSWCC Category: Principal judgment Parties: Mr Peter R. Fox (Appellant)

New South Wales Police Force(Respondent) Representation: Mr T Owers (Appellant)

Mr J Sharpe (Respondent) Harris Wheeler Lawyers (Applicant): TressCox Lawyers (Respondent) File Number(s): IRC 194 of 2011