Police hurt on duty appeals
Right 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.
Time Limit for Appeal
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.
topHow to appeal
The Notice of Appeal form (pdf - 9kb) 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.
After an appeal is lodged: The mention
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.
After an appeal is lodged: Conciliation
This is conducted in a hearing room at the Tribunal's Oxford Street location. It will be conducted by a Chairperson of the Tribunal sitting alone. At the end of the conciliation process if the matter remains unresolved the appeal can then progress to a hearing. The parties may request that the hearing is chaired by a different Chairperson than the one who conducted the conciliation if they so desire. When a decision is made that the issue cannot be conciliated the appeal will be listed for mention before a Chairperson or the Registrar of the Tribunal.
Issue of Summons to Witness to Give Evidence Or Produce Documents
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. (Practice Note No. 10)
The Appeal Hearing
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.
Decision of Tribunal
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 ).
Withdrawal of appeal
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.