New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 10B

10B Medical examination of disabled member and determination of whether hurt on duty

(1) An annual superannuation allowance or gratuity must not be granted under section 10 to a member of the police force who is discharged unless STC (having regard to medical advice on the condition and fitness for employment of the member) has certified the member to be incapable, from a specified infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990 .

(2) An annual superannuation allowance or gratuity must not be granted under section 10 to a former member of the police force who resigned or retired unless:

(a) the former member notified the Commissioner of Police before the member’s resignation or retirement and within 6 months of receiving the injury which has caused the member’s infirmity of body or mind, of that injury, and

(b) if the regulations so require, the notification was in the prescribed form, and

(c) STC (having regard to medical advice on the condition and fitness for employment of the member) has certified that the former member was incapable, from that infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990 at the time of the member’s resignation or retirement.

(2A) For the purposes of determining a member’s or former member’s incapacity under this section:

(a) STC is not to have regard to the member’s or former member’s actual rank or position or any functions (other than the functions referred to in subsection (2) (c)) of the member or former member at the time to which the certification relates, and

(b) the capacity to exercise a function by delegation is not taken to be a capacity to personally exercise the function.

(2C) In this section:
"medical advice" means the advice of:

(a) 2 members of the Police Medical Board, or

(b) any one or more medical practitioners nominated by the STC.

(3) Where a member or former member of the police force is duly certified under subsection (1) or (2), the Commissioner of Police shall:

(a) decide whether or not the infirmity to which the certificate relates was caused by the member being hurt on duty or the former member having been hurt on duty when he or she was a member of the police force, as the case may be, and the date or dates on which the member or former member was hurt on duty, and

(b) give the member or former member written notification of the decision.