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Police hurt on duty appeals

• Right of appeal
• Time Limit for Appeal
• How to appeal
• Hurt on Duty Notice of Appeal form (pdf)
• After an appeal is lodged: The mention
• After an appeal is lodged: Pre-hearing conferences
• Documentation to Be Provided At Pre-hearing Conferences
• Issue of Summons to Witness to Give Evidence Or Produce Documents
• The Appeal Hearing
• Decision of Tribunal
• Withdrawal of appeal
  

A police officer may appeal to GREAT against a decision of the Commissioner of Police to grant or refuse leave of absence on full pay to that police officer during any period of absence caused by that officer being "hurt on duty".

Officers considering lodging an appeal are advised to first seek advice from the Association or a solicitor. Officers may be represented at the hearing of their appeal by a barrister, solicitor or other person.

Information about the procedure for lodging an appeal may also be obtained from the Tribunal Registry.

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The Notice of Appeal must be lodged with the Registrar of the Tribunal within 28 days of the notification to the officer of the decision of the Commissioner. GREAT has no power to extend this statutory time limit.

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The Notice of Appeal form (pdf) should be completed. These forms are also available from Employee Services Branch, the Association or the Tribunal Registry. If no such forms are readily available, any document sufficiently identifying the decision appealed against should be lodged with the Registrar prior to expiration of the time allowed for appeal.

The Notice of Appeal must be lodged in the Registry at Level 2, 1 Oxford Street, Darlinghurst. It may be lodged personally or by post or fax.

The Office hours of the Registry are from 9.00 a.m. to 4.30 p.m., Monday to Friday, inclusive. Remember that the Registry closes for business at 4.30 p.m. daily. If you post or fax your Notice allow time for it to reach the Registry before the deadline.

The telephone number of the Registry is (02) 9020 4750 and the fax number is (02) 9020 4790.

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The Registrar will send a notice to the parties of the date the appeal has been set down for mention. This is a preliminary hearing before the Registrar to determine the future conduct of the appeal and fix a hearing date, if appropriate. Mentions are usually conducted on Thursday at 9.15 a.m. The appellant and/or his or her representative and the employer's representative are required to attend the mention hearing.

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Pre-hearing conferences are often conducted prior to listing an appeal for hearing. Their purpose is to reduce delay by identifying the issues in dispute and determining the parties readiness to proceed.

Pre-hearing conferences are confidential. They are conducted by the Registrar or a Chairperson in an informal manner.

Appellants are encouraged to attend the pre-hearing conference with their legal representatives. They are considered to be on duty whilst attending the conference.

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By Commissioner

• Appellant's service medical files and any supporting documentation
• Industrial File in respect of the Appeal.

By Appellant

• Affidavit, by the Appellant, setting out evidence-in-chief
• Any additional medical reports or documentation
• Copies of statements/affidavits of witnesses to be called in appellants' case

• Appropriate time and place for conduct of the hearing
• Number and details of witnesses
• Case law/precedents relied upon
• Any other relevant information

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A party requiring the issue of a Summons, should make a written application to the Registrar prior to the hearing.

Such application would indicate the relevance to the appeal of the evidence sought.

If the Chairperson approves the summonses will be issued and available for collection at the Registry.

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The hearing is a formal one conducted in a manner similar to a Court proceeding.

The employer's case is presented first. Unless there are unusual circumstances the documentary material provided by the employer prior to the hearing is admitted into evidence. Any witnesses are then called.

Although the Tribunal is not bound by the rules of evidence all witnesses are examined under oath.

Following completion of the Commissioner's case evidence in the Appellant's case is presented. At the conclusion of the Appellant's case the Commissioner may call evidence in reply.

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The Tribunal has the power to allow or disallow an appeal or make such other order as it thinks fit.

The Tribunal must publish written reasons for its decision. A copy of the written decision is forwarded to the parties by the Registrar as soon as it is available. The decision of the Tribunal is final, subject only to a right of appeal to the Supreme Court on a question of law. (GREAT Act Part 5).

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An appeal may be withdrawn at any time prior to the Tribunals decision.

If, prior to the hearing, the appellant decides to withdraw, a notice of withdrawal must be lodged, in writing, with the Registrar and preferably by fax if possible to minimise any inconvenience to the Tribunal and the Commissioner.

If the appellant decides to withdraw the appeal after the hearing has commenced the Chairperson should be informed and the proceedings will be concluded.