Ronald Hystek v SAS Trustee Corporation [2009] NSWIRComm 56

Ronald Hystek v SAS Trustee Corporation [2009] NSWIRComm 56

The appellant had not performed full police duties after the November 1993 firearms incident and was incapable of performing the duties of a police officer because his psychiatric disorder affected his ability to perform duties including those involving firearms. By 2 April 2008, the psychiatric disorder, together with the bodily infirmities already stated on the certificate, made him incapable of discharging the duties of his office, so the respondent's refusal to amend the certificate could not stand.

Jurisdiction
Australia
Judgment Date
06 April 2009
Procedural Posture
Police Superannuation Appeal / Appeal to the Industrial Court of New South Wales Against a Decision of the SAS Trustee Corporation Disputes Committee Declining to Amend a Certificate of Incapacity
Outcome
Appeal allowed.
Legal Topics
['police Medical Retirement' 'hurt on Duty Superannuation Allowance' 'certificate of Incapacity' 'specified Infirmity of Body or Mind' 'psychiatric Incapacity' 'multiple Infirmities']
['industrial Law' 'superannuation Law' 'police Law'] ['police Medical Retirement' 'hurt on Duty Superannuation Allowance' 'certificate of Incapacity' 'specified Infirmity of Body or Mind' 'psychiatric Incapacity' 'multiple Infirmities']

Case Brief

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Procedural Posture

Police Superannuation Appeal / Appeal to the Industrial Court of New South Wales Against a Decision of the SAS Trustee Corporation Disputes Committee Declining to Amend a Certificate of Incapacity

Legal Issues

  1. 1 ["Whether the appellant's certificate of incapacity should be amended to include a psychiatric condition as a specified infirmity of mind." "Whether the appellant's psychiatric condition was causally connected to his incapability to perform the duties or functions of a police officer." 'Whether multiple infirmities may be specified on a certificate of incapacity under s 10B(1) of the Police Regulation (Superannuation) Act.']

Ratio Decidendi

The appellant had not performed full police duties after the November 1993 firearms incident and was incapable of performing the duties of a police officer because his psychiatric disorder affected his ability to perform duties including those involving firearms. By 2 April 2008, the psychiatric disorder, together with the bodily infirmities already stated on the certificate, made him incapable of discharging the duties of his office, so the respondent's refusal to amend the certificate could not stand.

Court Disposition

Appeal allowed.

Orders

  • ['The appeal is allowed.' 'The certificate issued, as amended by the respondent, is further amended from that date by the addition of a further specified infirmity, namely: "a psychiatric disorder of generalised anxiety with panic attacks and a panic disorder with major depressive episodes."' "As to costs, the...