Larson v Commissioner of Police

The Full Court of the Supreme Court of New South Wales heard an appeal by Mr. Larson against a decision of the Commissioner of Police. The dispute concerned whether Mr. Larson's discharge from the police force was due to an infirmity that arose out of or in the course of his duty. Mr. Larson sought to challenge the Commissioner's determination regarding the cause of his infirmity.

The central legal issue before the Court was the proper construction and application of sections 1(2) and 10B(3) of the *Police Regulation (Superannuation) Act 1906* (NSW) in conjunction with sections 4 and 9A of the *Workers Compensation Act* (NSW). Specifically, the Court had to determine whether the Commissioner's determination regarding the cause of Mr. Larson's infirmity was reviewable under the relevant legislation, and if so, on what basis.

The Court reasoned that the *Police Regulation (Superannuation) Act* provided a specific scheme for determining whether a police officer's discharge was due to an infirmity arising out of or in the course of duty. It found that section 10B(3) of that Act, when read with the *Workers Compensation Act*, did not grant a right of appeal against the Commissioner's determination of the cause of infirmity. The Court concluded that the Commissioner's decision was final and not subject to review by the Compensation Court, and therefore not by the Supreme Court on appeal. The appeal was dismissed with costs.