Expertise

Attorney General of NSW v Borland & 2 Ors

[2007] NSWCA 201

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2007/201.html

The Court of Appeal quashed an order of the Deputy State Coroner compelling a police officer to give evidence at an inquest.

When a Coroner exercises the discretion to order a police officer to give evidence, it is an important consideration that the officer’s evidence may lead to disciplinary action by the Commissioner of Police.

Baff v New South Wales Commissioner of Police

[2013] NSWSC 1205

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2013/1205.html

A police officer who claims the privilege against self-incrimination (the right to silence) cannot be ordered by the Commissioner of Police to answer questions or participate in an interview as part of an internal investigation.

Calman v Commissioner of Police

[1999] HCA 60

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1999/60.html

A pre-88 police officer’s successful High Court appeal of a ‘hurt on duty’ workers compensation decision.

Daley v SAS Trustee Corporation

[2016] NSWCA 111

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2016/111.html

A pre-88 police officer’s successful appeal of a ‘hurt on duty’ pension decision.

Day v SAS Trustee Corporation

[2009] NSWCA 222

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2009/222.html

A pre-88 police officer’s widow’s successful appeal of a ‘hurt on duty’ superannuation allowance decision.

Manly Pacific International Hotel v Doyle

[1999] NSWCA 465

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/1999/465.html

The Court of Appeal considered the question of transfer in the context of section 11A of the Workers Compensation Act 1987

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Raymond Sewell v New South Wales Police Force

[2008] NSWIRComm 93

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWIRComm/2008/93.html

A police officer is reinstated after a successful application for review of a termination under section 181D of the Police Act 1990

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SAS Trustee Corporation v Patterson

[2010] NSWCA 167

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2010/167.html

A pre-88 police officer’s successful defence of an appeal against a ‘hurt on duty’ superannuation allowance decision.

State of New South Wales v Doherty

[2011] NSWCA 225

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2011/225.html

A pre-88 police officer brought a common law claim for damages against the State of New South Wales in relation to his post-traumatic stress disorder. He was able to establish that the conduct of the NSW Police Force materially contributed to the development of his condition.

Woollard v SAS Trustee Corporation (No 2)

[2013] NSWIRComm 16

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWIRComm/2013/16.html

A pre-88 police officer’s successful application for a review of a superannuation allowance decision relating to the correct time for notification of a PTSD injury.