POLICE REGULATION 2015 - REG 137 Transitional arrangements for partial and permanent disability payments to apply for limited period

POLICE REGULATION 2015 - REG 137

137 Transitional arrangements for partial and permanent disability payments to apply for limited period

(1) The provisions of the Crown Employees (Police Officers Death and Disability) Award 2005 (rescinded by the Police Amendment (Death and Disability) Act 2011 ) relating to payments for partial and permanent disability continue to apply, despite the rescission of that Award, in respect of the disability of a police officer in any of the following cases if the police officer has not been discharged from the NSW Police Force before the commencement of Part 9B of the Act--

(a) The police officer had been unfit for duty because of the disability for a total period of at least 4 months during the previous 8 months before 30 November 2011 and the NSW Police Force had, on or before that date, received a report or certificate from the police officer's nominated treating medical practitioner indicating that--

(i) the police officer had reached maximum medical improvement, and

(ii) the police officer should be discharged from the NSW Police Force.

(b) The NSW Police Force had, on or before 25 November 2011, arranged an independent medical examination of the police officer to determine whether the police officer was permanently incapacitated for work as a police officer as a result of the disability.

(c) The NSW Police Force had, on or before 30 November 2011, received a report of an independent medical examination of the police officer and the report indicated that the police officer was permanently incapacitated for work as a police officer as a result of the disability.

(2) Subclause (1) applies instead of the provisions of section 199K (3) of the Act, and those provisions cease to have effect.

(3) Subclause (1) ceases to have effect on 9 December 2012. This subclause does not apply to a police officer who has been discharged from the NSW Police Force before that date because of a disability.

(4) In this clause,
"independent medical examination" means a medical examination of a police officer by a medical practitioner who is engaged under arrangements made by the NSW Police Force with respect to the medical examination of police officers.