A police officer may appeal against a decision of the Police Commissioner to grant or refuse leave of absence on full pay when they are hurt on duty.³¹ The term ‘hurt on duty’ means the police officer has been injured in circumstances where they would otherwise be entitled to compensation under the Workers Compensation Act 1987 (NSW).³²

How does a person commence an appeal?

An Application for Review/Appeal Under Police Act 1990 must be completed through the NSW Online Registry.³³ Applicants can submit their application by email, post or in-person only if the NSW Online Registry is experiencing technical difficulties.  Once filed, a copy of the Appeal must be sent to the Police Commissioner (referred to as the respondent).

What happens after the appeal is filed?

Practice Note 24A sets out the procedures the Commission will follow for Police Hurt on Duty Appeals.

The respondent must file and serve a Notice in Reply to the application within seven days of being served the application.

The case will be allocated to a Commission member who will take steps to try to settle the case through a conciliation.³⁴ If conciliation fails, the matter will move to a formal hearing of the appeal. The Police Commissioner’s case will be presented first.³⁵

What can the Commission do?

The Commission can allow or disallow the appeal or make such other decision with respect to the appeal as it thinks fit.³⁶ If it appears to the Commission that the Police Commissioner failed to comply with the rules of procedural fairness in making the decision appealed against, the Commission:

• is not required to allow the appeal solely on that basis and may proceed to decide the appeal on its merits; or
• may quash the decision and remit the matter back to the Police Commissioner.³⁷

Is there a time limit to appeal?

An appeal must be filed with the Commission within 28 days after the date on which the police officer was notified of the decision.³⁸ There is no ability for the Commission to extend the time for filing an appeal.

^{31 Police Act 1990 (NSW) s 186.; 32 Police Regulation (Superannuation) Act 1906 (NSW) s 1(2).; 33 Industrial Relations Act 1996 (NSW) s 100A.; 34 Ibid s 100E(1).; 35 Ibid s 100G(2).; 36 Ibid s 100C(2).; 37 Ibid s 100C(3).; 38 Ibid s 100B.}