Towers v SAS [2002] NSWCC 51

Towers v SAS [2002] NSWCC 51

On the medical, vocational and oral evidence, the applicant retained some capacity for part-time sedentary work or limited console operator work and was not totally incapacitated, but his certified disabilities reduced his capacity to work outside the police force by 60 per cent. That reduction warranted an additional payment of 7.35 per cent of salary of office under s 10(1A)(b), to operate from the date of his application, 25 August 2000.

Jurisdiction
Australia
Judgment Date
10 July 2002
Procedural Posture
Appeal Concerning Assessment of a Former Police Officer's Superannuation Allowance Under S 10(1 A) of the Police Regulation (superannuation) Act 1906 / Judgment on Appeal From a Determination of the Police Superannuation Advisory Committee
Outcome
Appeal allowed; prior determination set aside; applicant awarded a higher additional payment and costs.
Legal Topics
['assessment of Compensation' 'incapacity for Work Outside the Police Force' 'police Superannuation Allowance' 'open Labour Market Assessment']
['superannuation' 'police Disability Pensions' 'compensation'] ['assessment of Compensation' 'incapacity for Work Outside the Police Force' 'police Superannuation Allowance' 'open Labour Market Assessment']

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Procedural Posture

Appeal Concerning Assessment of a Former Police Officer's Superannuation Allowance Under S 10(1 A) of the Police Regulation (superannuation) Act 1906 / Judgment on Appeal From a Determination of the Police Superannuation Advisory Committee

Legal Issues

  1. 1 ["Whether the applicant's incapacity for work outside the police force entitled him to a greater additional superannuation allowance under s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906." 'Whether the applicant should be treated as totally incapacitated or as having residual capacity for part-time sedentary or console operator work.' "Whether the additional allowance should date from the applicant's discharge or from the date of his application for an increase." 'Whether the relevant labour market is the labour market reasonably open to the applicant rather than an objective theoretical labour market.']

Ratio Decidendi

On the medical, vocational and oral evidence, the applicant retained some capacity for part-time sedentary work or limited console operator work and was not totally incapacitated, but his certified disabilities reduced his capacity to work outside the police force by 60 per cent. That reduction warranted an additional payment of 7.35 per cent of salary of office under s 10(1A)(b), to operate from the date of his application, 25 August 2000.

Court Disposition

Appeal allowed; prior determination set aside; applicant awarded a higher additional payment and costs.

Orders

  • ['The determination of the Police Superannuation Advisory Committee of 31 January 2001 is set aside.' 'The applicant is entitled to an additional payment pursuant to s 10(1A) of 7.35 per cent of his salary of office dating from 25 August 2000.' "The respondent is to pay the applicant's costs of the appeal."]