SUPERANNUATION LEGISLATION AMENDMENT ACT 2010 (NO. 40 OF 2010) - SECT 32 New sections 45A and 45B inserted

SUPERANNUATION LEGISLATION AMENDMENT ACT 2010 (NO. 40 OF 2010) - SECT 32

    After section 45 of the Police Regulation Act 1958 insert —

        " 45A     Registration of names of adult children

    (1)     For the purposes of section 45, a member or retired member of the force may register with the ESS Board the name of a child (an  adult child ) of himself or herself or of his or her partner who—

        (a)     has attained the age of 18 years; and

        (b)     is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and

        (c)     wholly or partially relies on the member or retired member for financial support.

    (2)     A person who is not registered under this section may lodge a claim in a form approved by the ESS Board to be considered an adult child—

        (a)     on the death of a member or retired member of the force; or

        (b)     if the person is a child of a deceased member or retired member of the force, on the expiration of his or her child pension.

    (3)     In determining whether a registered person or claimant is an adult child, the ESS Board must consider reports from at least 2 registered medical practitioners appointed by the ESS Board as medical officers for the purposes of this Act.

    (4)     A determination under this section may be subject to regular reviews by the ESS Board.

        45B     Registration of names of dependants

    (1)     For the purposes of section 45, a member or retired member of the force may register the names of persons whom he or she considers to be his or her dependants (other than a partner or child) with the ESS Board.

    (2)     A person who has not been registered under subsection (1) may lodge a claim in a form approved by the ESS Board as a dependant of a deceased member or retired member.

    (3)     Before apportioning benefits under section 45, the ESS Board must consider whether any registered person or claimant under that section was a dependant of the deceased member or retired member.

    (4)     The ESS Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency.

    (5)     In making a determination under this section the ESS Board must consider—

        (a)     the degree of financial dependency of that person on the member or retired member at the date of death; and

        (b)     any other factor that the ESS Board considers relevant.

    (6)     Nothing in this section limits the ESS Board's discretion to determine what proportions (if any) of the deceased member's or retired member's benefits each dependant is to receive.".