Picker v SAS Trustee Corporation (No 2) [2012] NSWIRComm 68

Industrial Relations Commission New South Wales Medium Neutral Citation: Picker v SAS Trustee Corporation (No 2) [2012] NSWIRComm 68 Hearing dates: 1 June 2012 Decision date: 04 July 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) Pursuant to s 16A of the Police Regulation (Superannuation) Act 1906 it is desirable in all the circumstances of the case for the respondent to entertain the appellant's application that the respondent certify pursuant to s 10B(2) of the Police Regulation (Superannuation) Act 1906 that the appellant was incapable, from an infirmity of body or mind, of personally exercising the functions of a police officer at the time of the member's resignation, namely, 28 August 1996. Catchwords: POLICE - SUPERANNUATION APPEAL - Former police officer applied for a certificate of infirmity under s 10B(2) of the Police Regulation (Superannuation) Act 1906 - Application made well outside statutory time limit for making such applications - Whether desirable that late application be accepted by respondent - Tests to be applied - Reasons for delay in making application - Prejudice to respondent - Merits of substantive application - Purpose of Police Regulation (Superannuation) Act - Order made that it is desirable in all the circumstances of the case for the respondent to entertain the appellant's application that the respondent certify pursuant to s 10B(2) of the Police Regulation (Superannuation) Act that the appellant was incapable, from an infirmity of body or mind, of personally exercising the functions of a police officer at the time of the member's resignation, namely, 28 August 1996 Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) Income Tax Assessment Act 1936 (Cth) Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996 Superannuation Act 1976 (Cth) Cases Cited: Boland v SAS Trustee Corporation (1999) 97 IR 127 Bond Corporation Holdings Ltd v Australian Broadcasting Tribunal [1998] FCA 433; (1988) 84 ALR 669 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Commissioner for Superannuation v Boardman [1994] FCA 1159; (1994) 123 ALR 239 Commissioner of Police v SAS Trustee Corporation [2002] NSWIRComm 31; (2002) 131 IR 243 Commonwealth of Australia v Smith [2007] NSWCA 168 Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs & Environment [1984] FCA 176; (1984) 3 FCR 344 McLean v Sydney Water Corporation [2001] NSWCA 122 Picker v SAS Trustee Corporation [2009] NSWIRComm 53 SAS Trustee Corporation v Ainsworth [2011] NSWIRComm 128 SAS Trustee Corporation v Cox [2011] NSWCA 408; (2011) 285 ALR 623 SAS Trustee Corporation v Patterson [2010] NSWCA 167 Category: Principal judgment Parties: Terry Picker (Appellant) SAS Trustee Corporation (Respondent) Representation: P O'Rourke of counsel (Appellant) T Ower of counsel (Respondent) Kim Smith & Associates (Appellant) SAS Trustee Corporation (Respondent) File Number(s): IRC 1481 of 2011