Loo v Commissioner of Police

The case of Loo v Commissioner of Police involved a dispute regarding the causation of the plaintiff's hearing loss injury in relation to his employment as a police officer. The plaintiff sought to set aside the decision of the Commissioner of Police, who had determined that the plaintiff's injury was not caused by an incident on duty. This decision was made under section 12D(4)(a) of the Police Regulation (Superannuation) Act 1906 (NSW). The dispute was heard in the relevant court, which was tasked with examining the evidence and arguments presented by both parties.

The central legal issue in this case was whether the determination of whether the plaintiff's injury reached the compensation threshold under section 69A of the Workers Compensation Act 1987 (NSW) was a matter for the court or whether it should be left to the Trustee to decide in accordance with the statutory scheme. The court needed to assess the evidence and arguments to determine the correct forum for deciding this issue.

In delivering the judgment, the court found that the Commissioner of Police had admitted that the workplace was a noisy one and that all the facts and matters pleaded by the plaintiff in that regard were made out. Despite this, the court determined that the remaining question of whether the plaintiff's injury reached the compensation threshold was not a matter for the court to decide but rather a matter for the Trustee under the statutory scheme. Consequently, the court set aside the decision of the Commissioner of Police and remitted the matter to the Trustee for further consideration.

The final orders included the setting aside of the Commissioner of Police's decision, the recognition that the plaintiff's hearing loss injury was caused by him having been hurt on duty, and the requirement for the Commissioner of Police to pay the plaintiff's costs as agreed or assessed.