Bennett v SAS Trustee Corporation & Anor (No 3) [2008] NSWIRComm 97

Bennett v SAS Trustee Corporation & Anor (No 3) [2008] NSWIRComm 97

The Industrial Court could not order revocation of the Commissioner of Police's s 12C certificate because s 21 of the Police Regulation (Superannuation) Act 1906 expressly provides that grievances concerning such decisions of the Commissioner are to be pursued before the District Court. Although Mr Bennett could challenge the Corporation's conduct in these proceedings, the Court had no power to deal with a grievance concerning the Commissioner's decision to issue the certificate.

Jurisdiction
Australia
Judgment Date
06 June 2008
Procedural Posture
Appeal Under the Police Regulation (superannuation) Act 1906 Against a Determination of the Disputes Committee of the SAS Trustee Corporation / Notice of Motion Seeking Revocation of a Certificate Issued by the Commissioner of Police Under S 12 C of the Police Regulation (superannuation) Act 1906
Outcome
The order sought was refused and the motion dismissed.
Legal Topics
['police Superannuation Allowance' 'section 12 C Certificate' 'trustee Duties' 'district Court Determination' 'notice of Motion']
['superannuation' 'administrative Law' 'jurisdiction'] ['police Superannuation Allowance' 'section 12 C Certificate' 'trustee Duties' 'district Court Determination' 'notice of Motion']

Case Brief

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Procedural Posture

Appeal Under the Police Regulation (superannuation) Act 1906 Against a Determination of the Disputes Committee of the SAS Trustee Corporation / Notice of Motion Seeking Revocation of a Certificate Issued by the Commissioner of Police Under S 12 C of the Police Regulation (superannuation) Act 1906

Legal Issues

  1. 1 ['Whether the Industrial Court had jurisdiction to order revocation of a certificate issued by the Commissioner of Police under s 12C of the Police Regulation (Superannuation) Act 1906.' "Whether the Corporation's request for the s 12C certificate, allegedly relying on an incorrect death certificate, could support the revocation order sought in these proceedings."]

Ratio Decidendi

The Industrial Court could not order revocation of the Commissioner of Police's s 12C certificate because s 21 of the Police Regulation (Superannuation) Act 1906 expressly provides that grievances concerning such decisions of the Commissioner are to be pursued before the District Court. Although Mr Bennett could challenge the Corporation's conduct in these proceedings, the Court had no power to deal with a grievance concerning the Commissioner's decision to issue the certificate.

Court Disposition

The order sought was refused and the motion dismissed.

Orders

  • ['The order sought in the motion of 5 March 2008 is refused.' 'The motion is dismissed.']