Nash v Commissioner of Police

In Nash v Commissioner of Police, the appellant, Nash, sought to have his retirement from the police force recognised as being due to a permanent incapacity caused by his employment. Nash was diagnosed with chronic soft tissue low back pain, which he claimed was caused by wearing an appointments belt weighing approximately 7 kg over many years. The Commissioner of Police refused to recognise Nash’s retirement as being due to permanent incapacity caused by his employment, leading to Nash’s appeal to the Supreme Court of Queensland. The central issue for the Court was whether Nash's chronic soft tissue low back pain was caused by his wearing an appointments belt as part of his employment, and whether such pain qualified as an incapacity caused by the nature and conditions of his employment.

The Court examined the terms of the Police Superannuation Act 1994 (Qld) and considered the meaning of the phrase "infirmity caused by the nature and conditions of employment." The Court also explored whether Nash's condition could be described as an aggravation, acceleration, exacerbation, or deterioration of a pre-existing condition. The Court found that Nash's condition did not qualify as an infirmity caused by his employment, as the evidence did not establish a causal link between his wearing of the appointments belt and his chronic soft tissue low back pain. The Court further held that Nash's condition was not an aggravation, acceleration, exacerbation, or deterioration of a pre-existing condition.

Ultimately, the Court dismissed Nash's appeal, confirming the decision of the Commissioner of Police made on 14 November 2014. The Court found that Nash's chronic soft tissue low back pain was not caused by his wearing of the appointments belt as part of his employment, and therefore, his retirement was not due to permanent incapacity caused by his employment. As a result, Nash's appeal was dismissed, and the decision of the Commissioner of Police was upheld.