New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 12E

12E Repayment to STC in certain cases

(1) Where a member of the police force is hurt on duty in circumstances creating a legal liability in some person to pay damages in respect thereof and those damages are recovered, a gratuity shall not be payable under section 12B or 12D to the person who recovered the damages or, if a gratuity under section 12B or 12D has already been paid to the person who recovered the damages, the person shall be liable to repay to STC out of those damages the amount of the gratuity so paid.

(2) In subsection (1), "damages" does not include any sum ordered or directed to be paid pursuant to any provision of the Victims Compensation Act 1996 by way of compensation for injury, but any such sum so paid to a person shall be deducted from any gratuity subsequently payable to the person under section 12B or 12D in respect of the injury.

(3) If a gratuity is paid under section 12B or 12D to or in respect of a member of the police force who is hurt as referred to in subsection (1), STC is entitled to be indemnified by the person liable to pay the damages (being an indemnity limited to the amount of those damages).

(4) If any payment is made under the indemnity and, when the payment is made, a judgment has not been obtained against the person paying under the indemnity, the payment is, to the extent of its amount, a defence to proceedings against that person for damages.

(5) If any payment is made under the indemnity and, when the payment is made, judgment has been obtained for damages against the person paying under the indemnity (but judgment has not been satisfied), the payment, to the extent of its amount, satisfies the judgment.

(6) For the purpose of applying this section to or in respect of a gratuity paid or payable under section 12B or 12D, STC may request the person to whom the gratuity is payable or has been paid to provide STC with an authority:

(a) to obtain from a third person any information or evidence that is relevant to the question of whether damages (as referred to in subsection (1)) have been recovered, and

(b) to advise any such person of any payment under this section.

(7) If a person does not comply with a request to provide the authority, STC is not obliged to proceed to pay the gratuity concerned.

(8) Nothing in this section limits the operation of section 68 of the Superannuation Administration Act 1996 .