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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Amendment (Death and
Disability) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Act 1990 No 47 2
4 Amendment of State Authorities Superannuation Act 1987
No 211 2
5 Amendment of Police Regulation 2000 2
Schedule 1 Amendment of Police Act 1990 3
Schedule 2 Amendment of State Authorities Superannuation Act 1987 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Police Amendment (Death and
Disability) Bill 2005
Act No , 2005
An Act to amend the Police Act 1990 and the State Authorities Superannuation Act
1987 with respect to death and incapacity benefits for police officers; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Police Amendment (Death and Disability) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Amendment (Death and Disability) Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Police Act 1990 No 47
The Police Act 1990 is amended as set out in Schedule 1.
4 Amendment of State Authorities Superannuation Act 1987 No 211
The State Authorities Superannuation Act 1987 is amended as set out in
Schedule 2.
5 Amendment of Police Regulation 2000
The Police Regulation 2000 is amended by omitting "section 216" from
clause 105 and by inserting instead "section 216AA".
Page 2
Police Amendment (Death and Disability) Bill 2005
Amendment of Police Act 1990 Schedule 1
Schedule 1 Amendment of Police Act 1990
(Section 3)
[1] Section 216 Special risk benefit where certain police officers hurt on
duty
Omit the section.
[2] Section 216AA Special risk benefit where student of policing hurt while
undergoing police education
Omit the definition of CF from section 216AA (3). Insert instead:
CF is the capitalisation factor, prescribed for the purposes of this
section by the regulations, for the sex of the student and for the
age of the student on the day on which the student was injured
while undergoing a police education course.
[3] Section 216A Determination by District Court
Omit section 216A (1) and (2). Insert instead:
(1) An application to the District Court for a determination in
relation to a decision of the Commissioner under section 216AA
may be made by:
(a) a student of policing referred to in section 216AA (1), or
(b) the spouse or personal representative of a student of
policing referred to in section 216AA (2),
within 6 months after the decision is notified in writing to the
student, spouse or personal representative.
(2) If within 6 months after a student of policing to whom section
216AA applies suffers an injury that renders the student totally
and permanently incapacitated for work, or dies, the
Commissioner fails or refuses to make a decision under that
section in relation to the student, the Commissioner is taken, for
the purposes of this section, to have made a decision under that
section to refuse to pay any amount in relation to the student.
[4] Section 216A (5)
Omit "216 or".
[5] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Police Amendment (Death and Disability) Act 2005
Page 3
Police Amendment (Death and Disability) Bill 2005
Schedule 1 Amendment of Police Act 1990
[6] Schedule 4, Part 22
Insert after Part 21:
Part 22 Provisions consequent on enactment of
Police Amendment (Death and Disability)
Act 2005
68 Definitions
In this Part:
amending Act means the Police Amendment (Death and
Disability) Act 2005.
death or incapacity benefit means a benefit payable to or in
respect of a police officer under a police officers award (whether
provided for in that award or by or under any Act, law or
instrument) if:
(a) the police officer dies, or
(b) the police officer suffers total and permanent incapacity or
partial and permanent incapacity.
hurt on duty has the same meaning as in section 216 (6) (as in
force immediately before its repeal by the amending Act).
police officers award means a State industrial instrument
applying to police officers and prescribed by the regulations for
the purposes of this definition.
69 Savings in relation to special risk benefits
(1) Sections 216 and 216A (as in force immediately before the
commencement of Schedule 1 [1] to the amending Act) continue
to apply to and in respect of a police officer as if those sections
had not been repealed and amended, respectively, if:
(a) the police officer was hurt on duty before the repeal of
section 216, and
(b) he or she is not subsequently entitled to a death or
incapacity benefit in respect of that injury.
(2) If an amount is paid under section 216 or 216A (as in force
immediately before the commencement of Schedule 1 [1] to the
amending Act) in relation to a physical or mental injury for which
a death or incapacity benefit is also paid, the person to whom the
amount is paid is liable to repay the amount to the Commissioner.
(3) Any amount due to the Commissioner under this clause may be
recovered as a debt in a court of competent jurisdiction.
Page 4
Police Amendment (Death and Disability) Bill 2005
Amendment of Police Act 1990 Schedule 1
(4) Subclauses (2) and (3) apply whether or not the amount was
received before or after the commencement of this clause.
Page 5
Police Amendment (Death and Disability) Bill 2005
Schedule 2 Amendment of State Authorities Superannuation Act 1987
Schedule 2 Amendment of State Authorities
Superannuation Act 1987
(Section 4)
[1] Part 5D
Insert after Part 5C:
Part 5D Death or incapacity benefits for police
officers
46AI Definitions
In this Part:
amending Act means the Police Amendment (Death and
Disability) Act 2005.
death or incapacity benefit means a benefit payable to or in
respect of a police officer under a police officers award (whether
provided for in that award or by or under any Act, law or
instrument) if:
(a) the police officer dies, or
(b) the police officer suffers total and permanent incapacity or
partial and permanent incapacity.
police officers award means a State industrial instrument
applying to police officers and prescribed by the regulations for
the purposes of this definition.
46AJ Application of Part
This Part has effect despite any other provision of this Act or the
regulations.
46AK Provision to be made with respect to death or incapacity benefits
for police officers
(1) The regulations may make provision for or with respect to the
following:
(a) the effect on coverage under this Act for an additional
benefit, and liability to pay the additional benefit levy, of a
contributor or former contributor who is or was a police
officer and who is covered for a death or incapacity
benefit,
Page 6
Police Amendment (Death and Disability) Bill 2005
Amendment of State Authorities Superannuation Act 1987 Schedule 2
(b) preventing the repayment of any additional benefit levy
paid by a contributor or former contributor who is or was
a police officer,
(c) any other matter that is necessary or convenient for the
purposes of complying with or giving effect to a police
officers award or this Part.
(2) Any such regulations may take effect from the date of
commencement of this Part, as inserted by the amending Act, or
the date on which a police officers award first applies to a police
officer (whichever is earlier).
(3) Without limiting section 46AJ, regulations may be made under
this Part that are inconsistent with Part 3, 4, 5 or 6 of this Act, or
any regulations made under those Parts, but only to the extent that
the inconsistency with any of those provisions is necessary for
the purpose of compliance with or giving effect to a police
officers award.
[2] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Police Amendment (Death and Disability) Act 2005
Page 7
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