Woollard v SAS Trustee Corporation (No 2) [2013] NSWIRComm 16

Industrial Relations Commission New South Wales Medium Neutral Citation: Woollard v SAS Trustee Corporation (No 2) [2013] NSWIRComm 16 Hearing dates: 25, 26 October 2012, 8 February 2013 Decision date: 08 March 2013 Before: Boland J, President, Walton J, Vice-President and Backman J Decision: For the purposes of s 10B(2)(a) of the PRS Act, Mr Woollard gave notification of an injury. We remit the matter to Boland J, President to determine whether or not the infirmity of CPTSD should be added to the certificate of incapability. Catchwords: REFERENCE - POLICE - Application to appeal against a determination made by the SAS Trustee Corporation not to add the infirmity of chronic post traumatic stress disorder (CPTSD) to a certificate of incapacity issued under s 10B(2)(a) of the Police Regulation (Superannuation) Act - Respondent maintained Appellant had not complied with s 10B(2)(a) in notifying the Commissioner of Police prior to retirement and within 6 months of the CPTSD occurring - Whether claimed infirmity of CPTSD could be described as a disease of gradual onset - Whether notification of injury had occurred - Held for purpose of s 10B(2)(a) Appellant gave notification of an injury - Matter remitted for determination whether CPTSD should be added to certificate of incapability Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: SAS Trustee Corporation v Hazlewood [2009] NSWIRComm 157; (2009) 188 IR 174 Woollard v SAS Trustee Corporation [2012] NSWIRComm 51 Category: Interlocutory applications Parties: Phillip Woollard (Appellant) SAS Trustee Corporation (Respondent) Representation: Mr P O'Rourke of counsel (Appellant) Mr T Ower of counsel (Respondent) Walter Madden Jenkins, Solicitors (Appellant) SAS Trustee Corporation (Respondent) File Number(s): IRC 660 of 2010