NSW Police Force v Cox

The case between the NSW Police Force and Cox was heard in the Dust Diseases Tribunal of NSW. The central issue in this case revolved around the interpretation and application of Sections 9A and 10 of the Workers Compensation Act 1987. Specifically, it focused on whether an employee who was injured during a journey could claim workers’ compensation if their employment involved a substantial journey element. The tribunal had to determine if the employee was on a journey within the meaning of the Act, and if so, whether the employer could claim exemption from liability under Section 10.

The tribunal's task was to evaluate whether Cox's injuries were sustained while he was on a journey for the purposes of his employment, and if the employer could invoke the exemption from liability provided under Section 10 of the Act. The tribunal had to balance the provisions of Section 9A, which provides a broad definition of employment, with Section 10, which excludes from the definition of employment any journey undertaken for the purposes of the employment. The tribunal also considered whether the injuries were substantially contributed to by the journey aspect of the employment.

The tribunal found that Cox's employment involved a substantial journey element, and that the injuries were directly related to this journey. However, the tribunal concluded that the exemption under Section 10 did not apply because the journey was an integral part of the employment rather than a separate excursion. Consequently, the tribunal revoked the Arbitrator’s determination and made an order awarding Cox compensation from the employer, with no order as to costs.