New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 146D

146D Commission has no jurisdiction in respect of death and disability payments for police officers

(1) The Commission does not have jurisdiction or power to make or vary any award or order that provides for death and disability payments to or in respect of police officers.

(2) The Commission cannot, in any proceedings relating to the remuneration or other conditions of employment of police officers, treat any savings attributable to the operation of the Police Amendment (Death and Disability) Act 2011 as employee-related cost savings that may offset increased employee-related costs arising from any award or order in those proceedings.

(3) This section does not apply to awards or orders:

(a) with respect to payments for accrued annual, extended or other leave on the death or termination of employment of police officers, or

(b) in proceedings to enforce accrued entitlements (including under an award, or provision of an award, rescinded by the Police Amendment (Death and Disability) Act 2011 ), or

(c) in proceedings by an incapacitated police officer for the enforcement of obligations of the NSW Police Force under applicable employment policies and practices to provide restricted or other duties to the incapacitated officer, or

(d) in proceedings on an appeal under section 186 of the Police Act 1990 .

(4) An award or order of the Commission does not have effect to the extent that it is inconsistent with this section.

(5) This section extends to appeals or references to the Full Bench of the Commission.

(6) This section does not apply to the Commission in Court Session.

(7) This section extends to proceedings that are pending in the Commission on the commencement of this section, and to awards or orders made or varied by the Commission after the date on which the Bill for the Police Amendment (Death and Disability) Act 2011 was introduced into Parliament.

(8) This section has effect despite section 10 or 146 or any other provision of this or any other Act.

(9) In this section:
"award or order" includes:

(a) an award (as defined in the Dictionary) or an exemption from an award, and

(b) a decision to approve an enterprise agreement under Part 2 of Chapter 2, and

(c) the adoption under section 50 of the principles or provisions of a National decision or the making of a State decision under section 51, and

(d) anything done in arbitration proceedings or proceedings for a dispute order under Chapter 3.

"death and disability payments" has the meaning it has in Part 9B of the Police Act 1990 .