Connor v SAS Trustee Corporation

The case of Connor v SAS Trustee Corporation involved the plaintiff, who had been a probationary constable since 6 April 1981, and had worked as a sergeant at Maroubra Police Station from about 1 November 1997. The plaintiff suffered an injury to his lower back and experienced sciatic pain during a shift between 22 and 23 May 1998. He returned to work on restricted duties on 23 November 1998 and on full duties on 11 January 1999. The plaintiff gave notice of his resignation on 18 March 1999 and did not apply for a superannuation allowance until 15 October 2018. His application was rejected by the defendant on 28 November 2019, and the plaintiff sought to challenge that decision in court.

The court was required to determine whether the effects of the plaintiff's injury presented at the time of his resignation, whether the plaintiff remained incapacitated for the duties of his office until the present time, and whether the Workers Compensation Act 1987, section 47 applied in proceedings under the Police Regulation (Superannuation) Act 1906. The court also had to consider whether section 47 was otiose, and whether the term "incapability" was anachronistic and should be replaced with "incapacity" or "disability".

The court held that the plaintiff's injury did not present at the time of his resignation, and that he had not remained incapacitated for the duties of his office until the present time. The court also found that section 47 of the Workers Compensation Act 1987 did not apply in proceedings under the Police Regulation (Superannuation) Act 1906, and that the term "incapability" was indeed anachronistic and should be replaced with "incapacity" or "disability". The court dismissed the plaintiff's claim for superannuation benefits.

The court ordered that the plaintiff's claim for superannuation benefits be dismissed and that the defendant's costs of the proceeding be paid by the plaintiff. The court also noted that the term "incapability" should be replaced with "incapacity" or "disability" in future proceedings under the Police Regulation (Superannuation) Act 1906.