Robinson v Commissioner of Police [2014] NSWIRComm 35

Industrial Relations Commission New South Wales Medium Neutral Citation: Robinson v Commissioner of Police [2014] NSWIRComm 35 Hearing dates: 12 June 2014; 13 June 2014 Decision date: 11 July 2014 Before: Boland AJ, Tabbaa C, Stanton C Decision: The Commission makes the following orders: (1)Leave to appeal is granted. (2)The appeal in relation to Commissioner Newall's interlocutory decision given on 27 September 2013 and the appeal in relation to the Commissioner's substantive decision given on 5 December 2013 in Matter No IRC 304 2013 are dismissed. Catchwords: APPEAL - Application for leave to appeal and appeal from decisions at first instance in connection with Commissioner's refusal to order reinstatement of former police officer under Part 8 of the Workers Compensation Act 1987 - Whether retirement of a permanently incapacitated police officer under s 72A of Police Act 1990 was a dismissal for purposes of s 241 of the Workers Compensation Act 1987 - Application of common law doctrine of estoppel by convention - Consideration of phrase "fit for that kind of employment" in s 243 of the Workers Compensation Act 1987 - Whether Commission may consider likelihood of relapse of psychiatric disorder is a matter to be considered in determining whether worker fit for employment - Appeal dismissed Legislation Cited: Government Sector Employment Act 2013 Government Sector Employment Regulation 2014 Industrial Relations Act 1991 Industrial Relations Act 1996 NSW Self Insurance Corporation Act 2004 Police Act 1990 Police Amendment Act 2007 Police Regulation 2008 Police Regulation (Superannuation) Act 1906 Public Sector Employment and Management Act 2002 Technical and Further Education Commission Act 1990 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305 Blackadder v Ramsay Butchering Services Pty Ltd [2005] HCA 22; (2005) 221 CLR 539 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Aust) Ltd [1986] HCA 14; (1986) 160 CLR 226 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Glen Robinson v Commissioner for Police, NSW Police Force [2013] NSWIRComm 1027 Hahn v Commissioner of Police [2014] NSWIRComm 13 Grundt v The Great Boulder Proprietary Gold Mines Limited [1937] HCA 58; (1937) 59 CLR 641 J C Equipment Hire Pty Ltd v The Registrar of the Workers Compensation Commission of NSW [2008] NSWCA 43; (2008) 70 NSWLR 704 Labracon Pty Limited v Cuturich & Anor [2013] NSWSC 97 New South Wales Technical and Further Education Commission v Valda June Kerrison [2004] NSWIRComm 369 Robinson v Commissioner for Police, NSW Police Force [2013] NSWIRComm 1019 Ryledar Pty Ltd & Anor v Euphoric Pty Ltd [2007] NSWCA 65; (2007) 69 NSWLR 603 Smith v Director-General of School Education [1993] NSWIRComm 134; (1993) 31 NSWLR 349 The Bell Group Ltd (in Liq) v Westpac Banking Corporation (No 9) [2008] WASC 239; (2008) 225 FLR 1 Waltons Stores (Interstate) Ltd v Maher [1988] HCA 7; (1988) 164 CLR 387 Warren v Coombes [1979] HCA 9; (1979) 142 CLR 531 Texts Cited: A History of English Law (3rd ed, London, 1944), vol 9 Hansard, Legislative Assembly, 24 October 2006 Hansard, Legislative Council, 27 November 2007 Category: Principal judgment Parties: G Robinson (Appellant) Commissioner of Police (Respondent) Representation: A Howell of counsel (Appellant) B Hodgkinson SC and M Seck of counsel (Respondent) Henry Davis York (Respondent) File Number(s): IRC 2 of 2014 Decision under appeal Citation: [2013] NSWIRComm 1019; [2013] NSWIRComm 1027 Before: Newall C File Number(s): IRC 304 of 2013