Page v Commissioner of Police (No 2) [2012] NSWDC 137

District Court New South Wales

Medium Neutral Citation: Page v Commissioner of Police (No 2) [2012] NSWDC 137 Hearing dates: 19-12 November 2010, 30 May-7 June 2012 Decision date: 07 June 2012 Before: Neilson DCJ Decision: I set aside the decision of the Commissioner of Police of 4 March 2009 and I determine that the infirmity of "post traumatic stress disorder" certified by the Police Superannuation Advisory Committee on 26 February 2009 was caused by the plaintiff's having been hurt on duty on 17 August 1991. I order the defendant to pay the plaintiff's costs. Costs reserved on 14 November 2011 are costs in the cause. Catchwords: Police - Former police officer exposed to dead and dying people in Strathfield massacre in August 1991 - Removed from the Police Force in 1997 - Applied for "hurt on duty" (HOD) pension in April 2008 - Certified by PSAC in February 2009 as having post-traumatic stress disorder (PTSD) on exit from Police Force - Police Commissioner determines in March 2009 PSTD not caused by HOD - Whether PTSD caused by HOD or childhood medical conditions and experiences - Police Act 1990 (NSW), s 181D - Police Regulation (Superannuation Act 1906 (NSW), s 10B Legislation Cited: Police Act 1990 (NSW) s 14, s 181D Police Regulation (Superannuation Act) 1906 (NSW) s 10B, s 21 Cases Cited: Gannon v Commissioner of Police (2004) 1 DDCR 380 Mercer v Central Coast Alternative Care Group (unreported, 5 October 2000, 49736/98) Saad v Commissioner of Police (1995) 12 NSWCCR 70 Smith v Mann (1932) 47 CLR 426 Smith v Norton Pty Ltd (1995) 13 NSWCCR 277 Category: Principal judgment Parties: Ronald Page (Plaintiff) Commissioner of Police (Defendant) Representation: Mr M Hutchings (Plaintiff) Mr A Naylor (Defendant) McCabe Terrill Lawyers (Plaintiff) Kim Smith & Associates (Defendant) File Number(s): RJ328 of 2009