Commissioner of Police v Kennedy

The Commissioner of Police appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court concerning an application for a gratuity under section 12D of the *Police Regulation (Superannuation) Act 1906* (NSW). The dispute centred on whether the injury for which the gratuity was sought was caused by the member being hurt on duty, as required by the Act.

The primary legal issue before the Court of Appeal was to determine the proper interpretation of the phrase "the injury to which the claim relates" within section 12D(1)(a) of the *Police Regulation (Superannuation) Act 1906*. Specifically, the court had to decide whether this phrase referred to the injury as defined under section 4 of the *Workers Compensation Act 1987* (NSW), or whether it encompassed a further or distinct injury that satisfied the "hurt on duty" requirement.

The Court of Appeal, in dismissing the appeal, reasoned that the phrase "the injury to which the claim relates" in section 12D(1)(a) referred to the injury that was the subject of the claim for a gratuity. This injury, for the purposes of the gratuity, must have been caused by the member being hurt on duty. The court held that the definition of "injury" in section 4 of the *Workers Compensation Act 1987* was relevant to establishing that an injury had occurred, but the critical question for the gratuity was whether that injury arose from being hurt on duty. The court found no error in the primary judge's conclusion that the respondent had established the necessary causal link between the injury and being hurt on duty.

The appeal was dismissed with costs.