New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Police Amendment (Death and
Disability) Bill 2011
No , 2011
A Bill for
An Act to amend the Police Act 1990 with respect to the death or disability of police
officers; to amend consequentially the State Authorities Superannuation Act 1987
and the Industrial Relations Act 1996; to rescind consequentially industrial award
provisions relating to payments for the death or disability of police officers; and for
other purposes.
Clause 1 Police Amendment (Death and Disability) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Police Amendment (Death and Disability) Act 2011. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Police Amendment (Death and Disability) Bill 2011
Amendment of Police Act 1990 No 47 Schedule 1
Schedule 1 Amendment of Police Act 1990 No 47 1
[1] Part 9B 2
Insert before Part 10: 3
Part 9B Police officers--death and disability 4
199A Definitions 5
In this Part: 6
approved death and disability insurance policy--see 7
section 199D. 8
death and disability payments means payments (whether 9
periodic or lump sum) to or in respect of a police officer who dies 10
or who becomes permanently or temporarily incapacitated for 11
work: 12
(a) as a result of being injured at work, or 13
(b) as a result of being injured while employed as a police 14
officer (whether or not on duty), 15
and, without limiting the generality of the foregoing, includes 16
payments to or in respect of a police officer by way of the top-up 17
of workers compensation payments. 18
injured at work, in relation to a police officer, means injured in 19
such circumstances as entitles the police officer to compensation 20
under the Workers Compensation Act 1987. 21
199B Police officers excluded from this Part 22
(1) This Part does not apply to or in respect of a police officer who is 23
a contributor to the Police Superannuation Fund under the Police 24
Regulation (Superannuation) Act 1906 or to the State 25
Superannuation Fund under the Superannuation Act 1916. 26
(2) This Part does not apply to or in respect of a police officer who is 27
a contributor to the State Authorities Superannuation Fund and 28
who is covered by the additional benefit under the State 29
Authorities Superannuation Act 1987, except as provided by 30
section 199D (3). 31
199C Approved death and disability insurance policy to be taken out on 32
behalf of police officers 33
An approved death and disability insurance policy is required to 34
be taken out on behalf of police officers by the NSW Police Force 35
or by FSS Trustee Corporation. 36
Page 3
Police Amendment (Death and Disability) Bill 2011
Schedule 1 Amendment of Police Act 1990 No 47
199D Approved death and disability insurance policy 1
(1) For the purposes of this Part, an approved death and disability 2
insurance policy is an insurance policy approved by the Minister, 3
with the concurrence of the Treasurer, that provides death and 4
disability payments to or in respect of police officers. An 5
approved policy may comprise a number of separate policies. 6
(2) An approved death and disability insurance policy: 7
(a) must include provision for payments to or in respect of 8
police officers who die, or who are incapacitated for work, 9
as a result of being injured at work, and 10
(b) may also include provision for payments to or in respect of 11
police officers where their death or incapacity does not 12
result from being injured at work. 13
(3) An approved death and disability insurance policy may provide 14
for payments in the form of income protection in connection with 15
an injury to a police officer despite the police officer being a 16
contributor to the State Authorities Superannuation Fund and 17
covered by the additional benefit under the State Authorities 18
Superannuation Act 1987. 19
199E Contribution by State to cost of approved insurance policy 20
The Minister may approve an insurance policy under this Part 21
only if satisfied that the cost to the State of the policy (after 22
deducting the contribution to that cost of police officers under 23
section 199F) will be: 24
(a) subject to paragraph (b), approximately 4.6% of the 25
remuneration of police officers covered by the policy, or 26
(b) such other amount as the regulations prescribe. 27
199F Contributions by police officers to cost of approved insurance 28
policy 29
(1) Police officers are required to make the contribution prescribed 30
by the regulations to the cost to the State of an approved death 31
and disability insurance policy. 32
(2) The required contribution is to be a percentage of the 33
remuneration of the police officers and is to be made by way of 34
salary sacrifice. 35
(3) Until the regulations otherwise provide, the required contribution 36
is to be the same as the contribution police officers would have 37
been required to make under the Crown Employees (Police 38
Officers Death and Disability) Award 2005 if that Award had not 39
Page 4
Police Amendment (Death and Disability) Bill 2011
Amendment of Police Act 1990 No 47 Schedule 1
been rescinded by the Police Amendment (Death and Disability) 1
Act 2011. 2
Note. On the rescission of the Award, the contribution required to be 3
made by police officers was 1.8% of their remuneration. 4
199G Regulations relating to death or disability of police officers 5
The regulations may make provision for or with respect to the 6
death or disability of police officers, including the following: 7
(a) the provisions that must or may be included in an approved 8
death and disability insurance policy, 9
(b) the savings and transitional provisions applying to police 10
officers on the commencement of this Part in relation to 11
death and disability payments (including the provisions 12
applying after that commencement during any period in 13
which an approved death and disability insurance policy is 14
not in force), 15
(c) the obligations of the NSW Police Force and police 16
officers or former police officers with respect to 17
rehabilitation, retraining and redeployment of 18
incapacitated police officers or former police officers, 19
(d) the establishment by the NSW Police Force of injury 20
management and prevention and other programs to 21
facilitate or promote the health and fitness of police 22
officers, and the obligation of police officers to participate 23
in those programs. 24
199H Other entitlements not affected 25
The provisions of this Part do not affect: 26
(a) any compensation payable under the Workers 27
Compensation Act 1987, or 28
(b) any superannuation entitlements. 29
199I Rescission of Crown Employees (Police Officers Death and 30
Disability) Award 2005 31
The Crown Employees (Police Officers Death and Disability) 32
Award 2005 of the Industrial Relations Commission of New 33
South Wales is rescinded. 34
199J Rescission of workers compensation top-up provisions of Crown 35
Employees (Police Officers - 2009) Award 36
Clause 9 of the Crown Employees (Police Officers - 2009) Award 37
of the Industrial Relations Commission of New South Wales is 38
rescinded. 39
Page 5
Police Amendment (Death and Disability) Bill 2011
Schedule 1 Amendment of Police Act 1990 No 47
199K Savings and transitional arrangements 1
(1) In this section: 2
former death and disability award means the award referred to 3
in section 199I that is rescinded by that section. 4
former workers compensation top-up award provision means 5
the provision of the award referred to in section 199J that is 6
rescinded by that section. 7
new insurance policy commencement date, in relation to an 8
injury to a police officer, means the date on and from which the 9
police officer is covered in respect of death or disability arising 10
from any such injury under an approved death and disability 11
insurance policy. 12
(2) Except as provided by this section, a police officer who dies or is 13
discharged from the NSW Police Force after the commencement 14
of this Part is not entitled to any payments under the former death 15
and disability award. 16
(3) If: 17
(a) the NSW Police Force had, before the commencement of 18
this Part, received a report of a medical examination of a 19
police officer by an independent medical practitioner 20
agreed to by the Commissioner and the police officer, and 21
(b) the report indicates that the police officer suffers a 22
disability that results in the police officer being 23
incapacitated for work as a police officer, and 24
(c) the police officer had not been discharged from the NSW 25
Police Force before the commencement of this Part 26
because of that disability, 27
the provisions of the former death and disability award relating to 28
payments for temporary or partial incapacity continue to apply in 29
respect of that disability of that police officer despite the 30
rescission of the award. 31
Note. See subsection (6) for preservation of entitlements relating to 32
death or permanent and total incapacity under insurance policies taken 33
out pursuant to the award. 34
(4) A police officer: 35
(a) who suffers a disability arising from an injury before the 36
new insurance policy commencement date, and 37
(b) who is not covered by the approved death and disability 38
insurance policy (or by an insurance policy referred to in 39
subsection (6)) in respect of that disability, and 40
Page 6
Police Amendment (Death and Disability) Bill 2011
Amendment of Police Act 1990 No 47 Schedule 1
(c) who is not entitled to a payment under subsection (3) in 1
respect of that disability, and 2
(d) who would have been covered in respect of that disability 3
under the former death and disability award, but for its 4
rescission, 5
is entitled to be paid by the NSW Police Force in respect of that 6
disability such amounts as are equivalent to the amounts that the 7
police officer would have been paid under the approved death 8
and disability insurance policy if that policy had covered the 9
police officer. 10
(5) Despite the rescission of the former workers compensation 11
top-up award provision, police officers in receipt of weekly 12
compensation payments under the Workers Compensation Act 13
1987 on the commencement of this Part continue to be entitled to 14
payments under that provision for a period of 6 months after the 15
commencement of this Part. 16
(6) This section does not affect any entitlements under an insurance 17
policy that has been taken out on behalf of police officers before 18
the commencement of this Part. 19
Note. Existing insurance policies taken out with First State Super cover 20
police officers for death and for total and permanent incapacity and will 21
continue to apply until replaced by coverage under an approved death 22
and disability insurance policy. 23
(7) The rescission of the former death and disability award does not 24
affect any entitlement to payments under that award in relation to 25
the death or discharge of a police officer from the NSW Police 26
Force before the rescission of the former award. 27
(8) This section is subject to the regulations made under clause 2 of 28
Schedule 4. 29
199L Review of costs of scheme and advice to Minister and Treasurer 30
(1) The Commissioner is to keep under review the cost to the State 31
of securing death and disability payments to or in respect of 32
police officers under this Part. 33
(2) The Commissioner is to advise the Minister and the Treasurer 34
from time to time of that cost to the State and of the percentage 35
of the remuneration of police officers that it represents. 36
199M Review of effectiveness of scheme by Auditor-General 37
(1) The Auditor-General is to review whether the provisions of this 38
Part and the injury management practices for police officers have 39
Page 7
Police Amendment (Death and Disability) Bill 2011
Schedule 1 Amendment of Police Act 1990 No 47
improved the performance of the NSW Police Force in securing 1
the return of injured police officers to duty. 2
(2) The review is to be conducted within 12 months after the 3
commencement of this Part (or within such further period as the 4
Minister may approve on the recommendation of the 5
Auditor-General). 6
(3) The Commissioner is to ensure that the Auditor-General has 7
access to such information as may be necessary to enable the 8
Auditor-General to conduct the review. 9
(4) The Auditor-General is to report to the Minister and to each 10
House of Parliament on the results of the review as soon as 11
practicable after the review is completed. 12
(5) If a House of Parliament is not sitting when the Auditor-General 13
seeks to present the report, the Auditor-General is to present the 14
report to the Clerk of the House concerned. 15
[2] Schedule 4 Savings, transitional and other provisions 16
Insert at the end of clause 2 (1): 17
Police Amendment (Death and Disability) Act 2011 18
[3] Schedule 4, Part 22, clause 68 19
Omit the definition of police officers award. Insert instead: 20
police officers award means: 21
(a) the Crown Employees (Police Officers Death and 22
Disability) Award 2005, until its rescission by the Police 23
Amendment (Death and Disability) Act 2011, and 24
(b) after that rescission, the provisions of Part 9B of this Act 25
and an approved death and disability insurance policy 26
under that Part. 27
Page 8
Police Amendment (Death and Disability) Bill 2011
Amendment of Police Regulation 2008 Schedule 2
Schedule 2 Amendment of Police Regulation 2008 1
[1] Clause 125 Procedure where workers compensation claimed 2
Insert "(other than a police officer)" after "A member of the NSW Police 3
Force" in clause 125 (3). 4
[2] Clause 125A 5
Insert after clause 125: 6
125A Top-up of weekly workers compensation payments during first 7
6 months for police officers injured at work 8
(1) This clause applies to a police officer who is in receipt of weekly 9
compensation payments under the Workers Compensation Act 10
1987 in connection with employment as a police officer and who 11
continues to be employed in the NSW Police Force. 12
(2) The NSW Police Force is to pay any such police officer, during 13
the first 26 weeks of incapacity referred to in section 36 of the 14
Workers Compensation Act 1987, an amount representing the 15
difference between the amount of weekly compensation 16
payments received under that Act and the ordinary rate of pay of 17
the police officer. 18
(3) A police officer's entitlements to sick leave or other leave are not 19
affected by the additional payments under this clause. 20
(4) The ordinary rate of pay of a police officer for the purposes of this 21
clause includes loadings and allowances in the nature of salary. 22
[3] Clause 136 Prescription of police officers award 23
Omit the clause. 24
Page 9
Police Amendment (Death and Disability) Bill 2011
Schedule 3 Amendment of State Authorities Superannuation Act 1987 No 211
Schedule 3 Amendment of State Authorities 1
Superannuation Act 1987 No 211 2
Part 5D 3
Omit the Part. Insert instead: 4
Part 5D Death or disability benefits for police 5
officers 6
46AI Definitions 7
In this Part: 8
amending Act means the Police Amendment (Death and 9
Disability) Act 2011. 10
approved death and disability insurance policy has the meaning 11
it has in Part 9B of the Police Act 1990. 12
46AJ Application of Part 13
This Part has effect despite any other provision of this Act or the 14
regulations. 15
46AK Death and disability of police officers 16
(1) The regulations may make provision for or with respect to the 17
following: 18
(a) the effect on coverage under this Act for an additional 19
benefit, and liability to pay the additional benefit levy, of a 20
contributor or former contributor who is or was a police 21
officer and who is covered under an approved death and 22
disability insurance policy, 23
(b) preventing the repayment of any additional benefit levy 24
paid by a contributor or former contributor who is or was 25
a police officer, 26
(c) any other matter that is necessary or convenient for the 27
purposes of complying with or giving effect to Part 9B of 28
the Police Act 1990, an approved death and disability 29
insurance policy or this Part. 30
(2) Any such regulations may take effect from the date of 31
commencement of this Part, as inserted by the amending Act, or 32
the date on which an approved death and disability insurance 33
policy first applies to a police officer (whichever is earlier). 34
Page 10
Police Amendment (Death and Disability) Bill 2011
Amendment of State Authorities Superannuation Act 1987 No 211 Schedule 3
(3) Without limiting section 46AJ, regulations may be made under 1
this Part that are inconsistent with Part 3, 4, 5 or 6 of this Act, or 2
any regulations made under those Parts, but only to the extent that 3
the inconsistency with any of those provisions is necessary for 4
the purpose of compliance with or giving effect to Part 9B of the 5
Police Act 1990 or to an approved death and disability insurance 6
policy. 7
Page 11
Police Amendment (Death and Disability) Bill 2011
Schedule 4 Amendment of Industrial Relations Act 1996 No 17
Schedule 4 Amendment of Industrial Relations Act 1
1996 No 17 2
[1] Section 105 Definitions 3
Insert after section 105 (2): 4
(3) A contract relating to the employment of a police officer is not an 5
unfair contract for the purposes of this Part merely because of a 6
matter relating to payments of a kind to which section 146D 7
applies. 8
[2] Section 146D 9
Insert after section 146C: 10
146D Commission has no jurisdiction in respect of death and disability 11
payments for police officers 12
(1) The Commission does not have jurisdiction or power to make or 13
vary any award or order that provides for death and disability 14
payments to or in respect of police officers. 15
(2) The Commission cannot, in any proceedings relating to the 16
remuneration or other conditions of employment of police 17
officers, treat any savings attributable to the operation of the 18
Police Amendment (Death and Disability) Act 2011 as 19
employee-related cost savings that may offset increased 20
employee-related costs arising from any award or order in those 21
proceedings. 22
(3) This section does not apply to awards or orders: 23
(a) with respect to payments for accrued annual, extended or 24
other leave on the death or termination of employment of 25
police officers, or 26
(b) in proceedings to enforce accrued entitlements (including 27
under an award, or provision of an award, rescinded by the 28
Police Amendment (Death and Disability) Act 2011), or 29
(c) in proceedings on an appeal under section 186 of the 30
Police Act 1990. 31
(4) An award or order of the Commission does not have effect to the 32
extent that it is inconsistent with this section. 33
(5) This section extends to appeals or references to the Full Bench of 34
the Commission. 35
(6) This section does not apply to the Commission in Court Session. 36
Page 12
Police Amendment (Death and Disability) Bill 2011
Amendment of Industrial Relations Act 1996 No 17 Schedule 4
(7) This section extends to proceedings that are pending in the 1
Commission on the commencement of this section, and to awards 2
or orders made or varied by the Commission after the date on 3
which the Bill for the Police Amendment (Death and Disability) 4
Act 2011 was introduced into Parliament. 5
(8) This section has effect despite section 10 or 146 or any other 6
provision of this or any other Act. 7
(9) In this section: 8
award or order includes: 9
(a) an award (as defined in the Dictionary) or an exemption 10
from an award, and 11
(b) a decision to approve an enterprise agreement under Part 2 12
of Chapter 2, and 13
(c) the adoption under section 50 of the principles or 14
provisions of a National decision or the making of a State 15
decision under section 51, and 16
(d) anything done in arbitration proceedings or proceedings 17
for a dispute order under Chapter 3. 18
death and disability payments has the meaning it has in Part 9B 19
of the Police Act 1990. 20
Page 13
[Index] [Search] [Download] [Related Items] [Help]