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 Regulation (Superannuation)
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Police Regulation (Superannuation) Act 1906 in relation to the
discharge, and entitlement to superannuation, of members of the Police Force who
are medically unfit.
Clause 1 Police Regulation (Superannuation) Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Police Regulation (Superannuation) Amendment 3
Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Police Regulation (Superannuation) Amendment Bill 2010
Amendment of Police Regulation (Superannuation) Act 1906 No 28 Schedule 1
Schedule 1 Amendment of Police Regulation 1
(Superannuation) Act 1906 No 28 2
Section 15B 3
Insert after section 15A: 4
15B Discharge of members medically unfit 5
(1) This section applies to a member of the police force: 6
(a) who is on sick leave, and 7
(b) who, during the previous 18 months, has been on sick 8
leave for a total period of at least 12 months, and 9
(c) whose health, in the opinion of a medical practitioner, is 10
not likely to improve sufficiently to enable the member to 11
return to duty, and 12
(d) who is to be discharged if STC certifies that the member is 13
incapable, from infirmity of body or mind, of personally 14
exercising the functions of a police officer referred to in 15
section 14 (1) of the Police Act 1990. 16
(2) On application by the Commissioner of Police, STC is to 17
determine whether to issue such a certificate in relation to any 18
infirmity to which the application relates. 19
(3) Before STC considers an application under this section, the 20
Commissioner of Police is to provide a copy of the application 21
(and of all supporting information included in the application by 22
the Commissioner) to the member of the police force to whom the 23
application relates. 24
(4) If a member of the police force has been on sick leave for a total 25
period of at least 8 months during the previous 18 months, the 26
Commissioner of Police may provide the copy of the application 27
in anticipation of the member remaining on sick leave for a 28
further 4 months and the member's health not improving 29
sufficiently to enable the member to return to duty. 30
(5) When providing the copy of the application, the Commissioner of 31
Police is to give the member 28 days in which to notify the 32
Commissioner whether any other infirmities should be included 33
in the application and whether a determination is sought that any 34
infirmities of the member were caused by the member having 35
been hurt on duty. 36
(6) The Commissioner of Police is to include in the application under 37
this section all relevant infirmities of which the Commissioner is 38
Page 3
Police Regulation (Superannuation) Amendment Bill 2010
Schedule 1 Amendment of Police Regulation (Superannuation) Act 1906 No 28
aware (including any infirmities that the member duly notifies the 1
Commissioner should be included in the application). 2
(7) If the application under this section is changed after a copy is 3
provided to the member, the Commissioner of Police is to 4
provide a copy of the revised application to the member. 5
Subsection (5) does not apply to the provision of the revised 6
application. 7
(8) A certificate for which an application is made under this section 8
is to be issued under and in accordance with: 9
(a) section 10B if the infirmity to which the certificate relates 10
has been determined (by the Commissioner of Police under 11
section 10B (3) or on appeal) to be an infirmity caused by 12
the member having been hurt on duty, or 13
(b) section 8 in any other case. 14
(9) The certificate is to be issued under and in accordance with 15
section 8 (and without regard to whether the infirmity was or was 16
not caused by the member of the police force having been hurt on 17
duty) if: 18
(a) the member did not seek a determination that the infirmity 19
was so caused within the period referred to in 20
subsection (5), or 21
(b) the Commissioner determined that the infirmity was not 22
caused by the member having been hurt on duty. 23
However, if the infirmity to which the certificate relates is 24
subsequently determined (by the Commissioner of Police under 25
section 10B (3) or on appeal) to be an infirmity caused by the 26
member having been hurt on duty, the certificate is taken to be a 27
certificate under section 10B. 28
(10) If a certificate is issued under section 8 and the member of the 29
police force to whom it relates is duly discharged and a 30
superannuation allowance granted under section 7, STC may 31
(despite anything to the contrary in this Act) consider any 32
application by the member for a superannuation allowance 33
payable because the member's infirmity was caused by having 34
been hurt on duty. A determination to grant such a 35
superannuation allowance is to have effect on and from the 36
member's discharge. 37
(11) An application may be made under this section by the 38
Commissioner of Police, and a superannuation allowance 39
granted, with or without the consent of the member of the police 40
force to whom the application relates. 41
Page 4
Police Regulation (Superannuation) Amendment Bill 2010
Amendment of Police Regulation (Superannuation) Act 1906 No 28 Schedule 1
(12) The Commissioner of Police may provide to STC, to any medical 1
practitioner nominated by STC or to any medical practitioner 2
asked to provide an opinion referred to in subsection (1) (c), for 3
use in determining whether to issue a certificate or whether to 4
provide an opinion, any medical certificate or other information 5
in the possession of the Commissioner that is relevant to that 6
determination. 7
(13) Any such information may be so provided and used, with or 8
without the consent of the member of the police force concerned 9
and despite the Privacy and Personal Information Protection 10
Act 1998 or the Health Records and Information Privacy 11
Act 2002. 12
(14) If any such information contains medical advice of a medical 13
practitioner nominated by STC, a determination as to whether to 14
issue a certificate may be made by STC having regard to that 15
advice if STC considers that further medical advice is not 16
required. 17
(15) Nothing in this section prevents a member of the police force 18
from making an application to STC for a benefit under this Act or 19
for the issue of a certificate under this Act relating to any 20
infirmity of the member. 21
(16) In this section, sick leave means sick leave, with or without pay, 22
and whether before or after the commencement of this section. 23
Page 5
[Index] [Search] [Download] [Related Items] [Help]