P v South Australia Police

The applicant, a police officer who suffered a work-related injury, sought compensation under the *Workers Rehabilitation and Compensation Act 1986* (SA) and subsequently the *Return to Work Act 2014* (SA). Following the cessation of payments under the latter Act, the applicant received income support under Schedule 4 of the Award. A dispute arose regarding the calculation of his Notional Weekly Earnings (NWE) and the application of economic adjustments under clause S4.85 of Schedule 4. The South Australian Police (SAPOL) applied for the determination of preliminary issues concerning these calculations.

The central legal issue before the court was the interpretation of the phrase "rates of remuneration" within clause S4.85 of Schedule 4 of the Award. Specifically, the court had to determine whether this phrase encompassed only the salary level applicable to the officer's classification, or if it also included all allowances and other entitlements that the officer would have received had they not sustained their injury. This determination was crucial for calculating the economic adjustments to the applicant's NWE.

The Full Bench of the Workers Compensation Tribunal, on appeal from a decision of Auxiliary Deputy President Judge Clayton, reasoned that clause S4.85 was intended to continue the methodology established by section 39 of the relevant legislation. The court held that the applicable allowances formed part of the base NWE, and that economic adjustments were to be applied based on increases to the officer's salary level, rather than requiring a recalculation of each constituent element of the NWE annually. The court found that this approach provided greater certainty.

Leave to appeal was granted by the Supreme Court of South Australia, as the question of law warranted consideration. However, the appeal was ultimately dismissed, with the court upholding the interpretation that economic adjustments under clause S4.85 were to be based on applicable increases to the officer's salary level, not on allowances.