Grose v Commissioner of Police (No 2) [2013] NSWDC 41

District Court New South Wales

Medium Neutral Citation: Grose v Commissioner of Police (No 2) [2013] NSWDC 41 Hearing dates: 12 February 2013 Decision date: 12 February 2013 Before: Neilson DCJ Decision: The only power of the Police Commissioner in the whole scheme of the Police Regulation (Superannuation) Act 1906 (NSW) in relation to disabled members is to certify whether a specified condition of body or mind was a result of the member's being hurt on duty. The Commissioner has no role to play whatsoever in certifying the nature of the member's infirmity. That is left to the STC and its delegate PSAC and such medical advice as it may wish to rely upon. The report of Dr Vickery is inadmissible because it challenges the fact that the plaintiff suffers from the certified infirmity and the fact that the certified infirmity causes the plaintiff to be incapable of discharging the duties of his office. It gives no alternative explanation for, or any explanation at all for, the causation of the PTSD. His report therefore is irrelevant to the proceedings and inadmissible. Catchwords: Police - Medical examination of disabled member of police force - Scope of statutory powers of COP and PSAC as delegate of STC in certifying particular infirmity of disabled member - Admissibility of medical report challenging the nature of the infirmity of disabled member certified by PSAC Legislation Cited: Police Regulation (Superannuation) Act 1906, ss 10B, 21 Cases Cited: Carroll v Commissioner of Police (Unreported, Compensation Court of NSW, Egan J, 6 December 1990) COP v SASTC [2002] NSWIRComm 31 Innes v Commissioner of Police (1995) 13 NSWCCR 27 McLellan v Commissioner of Police (Unreported, Compensation Court of NSW, Manser J, 6 July 1993) Murray v COP [2004] NSWCA 365 Saad v Commissioner of Police (1995) 12 NSWCCR 70 Category: Interlocutory applications Parties: Brett Andrew Grose (Plaintiff) Commissioner of Police (Defendant) Representation: Mr T Ower (Plaintiff) Mr M Hutchings (Defendant) Oates Legal (Plaintiff) McCabes (Defendant) File Number(s): RJ354/11