New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 216AA

216AA Special risk benefit where student of policing hurt while undergoing police education

(1) The Commissioner may pay an amount, calculated in accordance with this section, to a student of policing who suffers an injury:

(a) that the Commissioner determines to have been caused while the student was undergoing a police education course, and

(b) that, in the opinion of HealthQuest, renders the student totally and permanently incapacitated for work.

(2) If:

(a) a student of policing dies, and

(b) the injury causing the death of the student is determined by the Commissioner to have been caused while the student was undergoing a police education course,

the Commissioner may pay an amount, calculated in accordance with this section, to the student’s spouse or (if the student is not survived by a spouse or if the student is survived by more than one spouse) to the student’s personal representative.

(3) The amount calculated in accordance with this section in relation to a student of policing to whom subsection (1) or (2) applies is the amount determined in accordance with the formula:

"A" is the amount.
"S" is the annual salary of a probationary constable as at the day on which the student was injured while undergoing a police education course.
"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.

(4) The Commissioner must not make a payment under this section unless the student of policing concerned was, in the opinion of the Commissioner, injured because the student was required to be exposed to risks to which other tertiary students would normally not be required to be exposed in the course of their studies.

(5) A benefit under this section is payable by the Commissioner out of money made available by Parliament for the purposes of this section.

(6) In this section:
"HealthQuest" means the statutory health corporation of that name constituted by the Health Services Act 1997 .
"injury" includes not only physical injury but also psychological and psychiatric injury.
"spouse" of a student of policing includes a de facto partner of the student at the time of his or her death.

Note: “De facto partner” is defined in section 21C of the Interpretation Act 1987 .