Martin v The King

The case of *Martin v The King* concerned a dispute between a former police officer, Martin, and the Crown regarding the calculation of his pension entitlement. Martin had served as a police officer in Victoria and, during his service, also performed duties as a licensing inspector. He received an allowance in addition to his regular police pay for these licensing duties. The central question was whether this allowance formed part of his "pay" for the purposes of calculating his pension under the *Police Regulation Act 1915* (Vic).

The court was required to determine the proper interpretation of the term "pay" as used in the *Police Regulation Act 1915*. Specifically, it needed to ascertain whether the allowance received by Martin for his work as a licensing inspector was to be included as part of his "pay" when calculating his pension entitlement under that Act, or if it was to be treated as a separate remuneration for distinct duties.

The court reasoned that the allowance was paid to Martin in his capacity as a police officer, even though it was for performing licensing duties. The *Police Regulation Act 1915* defined "pay" broadly enough to encompass all remuneration received by a police officer in respect of their service. Therefore, the allowance, being remuneration received by Martin as a police officer, was properly considered part of his "pay" for pension calculation purposes. The court applied the principle of statutory interpretation that words in a statute should be given their ordinary and natural meaning, unless a contrary intention appears.

The court found in favour of Martin, ordering that his pension be recalculated to include the licensing allowance.