John Murray v SAS Trustee Corporation [2001] NSWIRComm 307

John Murray v SAS Trustee Corporation [2001] NSWIRComm 307

The appellant was, as at 4 March 1999, suffering from post traumatic stress disorder as an infirmity of mind which significantly contributed to his incapacity for police service; PTSD is medically and causally related to his inability to discharge police duties and should be added to his certificate of incapacity.

Source-derived case information.

Parties
Appellant: John Murray; Respondent: SAS Trustee Corporation
Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Superannuation Appeal / Appeal From a Decision of the SAS Trustee Corporation Confirming a Certificate of Incapacity
Outcome
appeal allowed
Legal Topics
Police Superannuation, Medical Incapacity, Psychiatric Injury, Post Traumatic Stress Disorder (ptsd), Adjustment Disorder, Disability Certification
Industrial Law Superannuation Law Police Superannuation Medical Incapacity Psychiatric Injury Post Traumatic Stress Disorder (ptsd) Adjustment Disorder Disability Certification

Source-derived case record

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Parties

John Murray

Appellant

SAS Trustee Corporation

Respondent

Procedural Posture

Superannuation Appeal / Appeal From a Decision of the SAS Trustee Corporation Confirming a Certificate of Incapacity

Legal Issues

  1. 1 Whether the appellant, John Murray, was suffering from post traumatic stress disorder (PTSD) as at 4 March 1999
  2. 2 Whether PTSD should be added as a specified infirmity in the incapacity certificate under the Police Regulation (Superannuation) Act 1906
  3. 3 Whether PTSD contributed to the appellant's inability to discharge the duties of police office

Ratio Decidendi

The appellant was, as at 4 March 1999, suffering from post traumatic stress disorder as an infirmity of mind which significantly contributed to his incapacity for police service; PTSD is medically and causally related to his inability to discharge police duties and should be added to his certificate of incapacity.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The SAS Trustee Corporation's determination confirming exclusion of post traumatic stress disorder from the incapacity certificate is set aside.