Michael Bennett v NSW Police Service

The matter before the court was an appeal by Michael Bennett against a decision of the NSW Police Service. The appeal concerned the amount of compensation awarded for expenses related to counselling and loss of wages. The court had to determine whether the application for leave to appeal met the criteria set out in section 352 of the Workplace Injury Management and Workers Compensation Act 1998. Specifically, the court needed to assess whether the amount of compensation at issue was at least $5,000 and at least 20% of the amount awarded in the decision appealed against. The court also considered whether the appeal was lodged within the 28-day period prescribed by the Act.

The court examined the amount of compensation at issue, which included expenses for attendance at counselling and loss of wages. The Arbitrator had determined the amount of the disputed claim for expenses to be $1,260, while the application for leave to appeal sought $1,360. The court noted that the amount of compensation at issue was in excess of $5,000, thus satisfying the first requirement of section 352(2)(a). Furthermore, as no monetary award was made in the original decision, 100% of the compensation claimed remained in issue, satisfying the second requirement of section 352(2)(b).

The court granted leave to appeal and confirmed the decision of the Arbitrator. The court found that the application met the requirements of section 352 of the 1998 Act. No order was made as to costs.