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High court Judgments

High court Judgments

By Andrew Yuile

Courts 


Statutory construction Superannuation – incapacity for work In SAS Trustee Corporation v Peter Miles [2018] HCA 55 (14 November 2018) the High Court considered the proper scope of the Police Regulation (Superannuation) Act 1906 (NSW) in relation to injuries not caused directly by being hurt on duty. The respondent was a police officer who suffered four infirmities of an orthopaedic nature caused by being hurt on duty. He therefore fulfilled the definition of a “disabled member of the police force” within s10 of the Act and received a superannuation benefit. Section 10(1A)(b) of the Act allowed for an increased superannuation amount if the person had an incapacity for work outside the police force. The respondent sought an increase for incapacity flowing from post traumatic stress disorder (PTSD).

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