POLICE ASSISTANCE COMPENSATION ACT 1968 - SECT 2 Compensation for personal injuries while assisting police

POLICE ASSISTANCE COMPENSATION ACT 1968 - SECT 2

S. 2(1) amended by Nos 46/1987

s. 6(Sch.), 27/2001 s. 4(Sch.  2 item 3.1), 37/2014 s. 10(Sch. item 126.2(a)(i)).

    (1)     A person other than a police officer who suffers personal injury arising out of or in the course of assisting or attempting to assist—

S. 2(1)(a) amended by No. 37/2014 s. 10(Sch. item 126.2(a)(i)).

        (a)     a police officer in arresting another person;

S. 2(1)(b) amended by No. 37/2014 s. 10(Sch. item 126.2(a)(i)).

        (b)     a police officer in preserving the peace; or

S. 2(1)(c) amended by Nos 46/1987 s. 6(Sch.), 37/2014 s. 10(Sch. item 126.2(a)).

        (c)     a police officer who is otherwise acting or apparently acting in the execution of that police officer's duty as a police officer—

after being requested to do so by the police officer or in circumstances from which the person reasonably inferred that that person had been so requested, or in circumstances from which that person could have reasonably inferred that that person would have been so requested if the police officer had been aware of those circumstances and had been able to request that person to so assist shall be entitled to be paid compensation or in case of that person's death, that person's partner, children or dependants shall be entitled to be paid compensation as provided in this section.

S. 2(1AA) inserted by No. 5/2021 s. 52(1).

    (1AA)     If a person who is entitled to make a claim for compensation under this Act does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.

S. 2(1AB) inserted by No. 5/2021 s. 52(1).

    (1AB)     Subsection (1AA) does not apply—

        (a)     if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 ; or

        (b)     if a claim for compensation relating to the same mental injury and circumstances has previously been determined.

S. 2(1A) inserted by No. 27/2001 s. 4(Sch.  2 item 3.2), amended by No. 12/2008 s. 73(1)(Sch.  1 item 47.1).

    (1A)     In this section—

"child" of a deceased person means a child of the person or of the person's partner who—

        (a)     is under the age of 16 years; or

        (b)     is 16 years or more but under the age of 21 years and is a full-time student;

"dependant" of a deceased person means a person who was at the date of the person's death wholly, mainly or partially dependent on the person for financial support;

S. 2(1A) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch.  1 item 47.2).

"domestic partner "of a person means—

        (a)     a person who is in a registered relationship with the person; or

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

partner of a person means—

        (a)     in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001 —the person's spouse at the time of death;

        (b)     in relation to a person who dies on or after that commencement—the person's spouse or domestic partner at the time of death;

"spouse" of a person means a person to whom the person is married.

S. 2(1B) inserted by No. 27/2001 s. 4(Sch.  2 item 3.2), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 47.3).

    (1B)     For the purposes of the definition of domestic partner in subsection (1A)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 2(2) amended by No. 10191 s. 276(Sch. 2).

    (2)     The compensation referred to in subsection (1) of this section shall, in respect of personal injury suffered before the appointed day within the meaning of the Accident Compensation Act 1985 , be paid in accordance with and subject to the provisions of the Workers Compensation Act 1958 as if within the meaning of that Act at the time the person so suffered the personal injury—

S. 2(2)(a) amended by G.G. 20.3.74

p. 681, substituted by No. 10191 s. 276(Sch. 2).

        (a)     the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B);

        (b)     he suffered a personal injury arising out of or in the course of employment with the Crown.

S. 2(2A) inserted by No. 10191 s. 276(Sch. 2), amended by No. 67/2013 s. 649(Sch. 9 item 28(1)).

    (2A)     The compensation referred to in subsection (1) shall, in respect of personal injury suffered on or after the appointed day within the meaning of the Accident Compensation Act 1985 but before 1 July 2014, be paid in accordance with and subject to that Act as if within the meaning of that Act at the time the person so suffered the personal injury—

        (a)     the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B); and

        (b)     the person suffered a personal injury arising out of or in the course of employment with the Crown.

S. 2(2AB) inserted by No. 67/2013 s. 649(Sch. 9 item 28(2)).

    (2AB)     The compensation referred to in subsection (1), in respect of personal injury suffered on or after 1 July 2014 is to be paid in accordance with and subject to the Workplace Injury Rehabilitation and Compensation Act 2013 as if within the meaning of that Act at the time the person so suffered the personal injury—

        (a)     the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B); and

        (b)     the person suffered a personal injury out of or in the course of employment with the Crown.

S. 2(2AC) inserted by No. 5/2021 s. 52(2).

    (2AC)     The provisional payments referred to in subsection (1AA) are to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires to, or for the benefit of, those persons to whom or for whose benefit, provisional payments would be payable under that Act if—

        (a)     the person had been, at the time the personal injury was suffered, a worker employed by the Crown; and

        (b)     the personal injury has arisen out of or in the course of that employment—

within the meaning of that Act.

S. 2(2B) inserted by No. 10191 s. 276(Sch. 2), substituted by No. 44/2014 s. 33(Sch. item 19).

    (2B)     The amount of the average weekly wage in respect of each financial year is the amount of the average weekly total earnings of all employees in Victoria in original terms last published by the Australian Bureau of Statistics as at 15 June last preceding that financial year in respect of the most recent reference period in the calendar year last preceding that 15 June.

S. 2(3) amended by Nos 9902 s. 2(1)(Sch. item 200), 37/2014 s. 10(Sch. item 126.2(b)).

    (3)     Subject to subsection (4) when a person who assists or attempts to assist a police officer as provided in subsection (1) suffers damage to or destruction of any property that belongs to him or that is in his possession or under his control and the damage or destruction arises out of, or in the course of his so assisting or attempting to so assist the police officer, the Minister may authorize the payment to the owner of the property of such compensation for the damage or destruction as the Minister thinks reasonable in the circumstances.

S. 2(4) amended by No. 9902 s. 2(1)(Sch. item 200).

    (4)     A person shall not be entitled to recover both damages in respect of damage or destruction to any property referred to in subsection (3) and compensation under this section in respect thereof and if a person so recovers both damages and compensation the amount of the compensation may be recovered from the person by the Minister by proceedings in a court of competent jurisdiction as a debt due by that person to the Crown.

S. 3 substituted by Nos 10191 s. 276(Sch. 2), 50/1994 s. 128(b), amended by Nos 74/2000 s. 3(Sch. 1 item 99.1), 29/2006 s. 3(Sch. 1 item 29), 67/2013 s. 649(Sch. 9 item 28(3)).