Police Service of New South Wales v Honeysett

The Police Service of New South Wales appealed to the Court of Appeal of New South Wales against a decision concerning the entitlement of Constable Honeysett to workers compensation. The dispute arose from an incident where Constable Honeysett was injured while driving a police paddy wagon. The central question was whether his injury was compensable under the relevant legislation, specifically concerning his duties as a police officer and his status as an employee.

The Court of Appeal was required to determine two primary legal issues. First, it had to consider whether Constable Honeysett, in driving a paddy wagon while on duty, was exercising a function "with respect to the protection of persons from injury or death or property from damage" as contemplated by section 213 of the *Police Service Act 1990* (NSW). Second, the Court had to determine whether Constable Honeysett qualified as an "employee" within the meaning of section 3(1) of the *Employees Liability Act 1991* (NSW).

Regarding the first issue, the Court held that, on the facts presented, driving a paddy wagon, without more, did not fall within the scope of section 213 of the *Police Service Act 1990*. However, the Court found in favour of Constable Honeysett on the second issue, determining that he was indeed an employee for the purposes of the *Employees Liability Act 1991*. Consequently, the appeal by the Police Service of New South Wales was dismissed with costs.