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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Police (Compensation for Injured Officers)
Amendment Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment of Police Act
1892
3. The Act amended 3
4. Section 2 amended 3
5. Sections 135A to 135D inserted 3
135A. Definition of "former member" 3
135B. Payment of medical and hospital
expenses 3
135C. Payment of lump sum compensation
amount 4
135D. Review 5
159--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Cowper, MLA)
Police (Compensation for Injured Officers)
Amendment Bill 2006
A Bill for
An Act to amend the Police Act 1892 to provide compensation and
ongoing medical benefits for officers injured in the course of duty.
The Parliament of Western Australia enacts as follows:
page 1
Police (Compensation for Injured Officers) Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Police (Compensation for Injured
Officers) Amendment Act 2006.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Police (Compensation for Injured Officers) Amendment Bill 2006
Amendment of Police Act 1892 Part 2
s. 3
Part 2 -- Amendment of Police Act 1892
3. The Act amended
The amendments in this Part are to the Police Act 1892.
4. Section 2 amended
5 Section 2 is amended by inserted the following definition in the
appropriate alphabetical position --
"
"injury suffered on duty" means an illness or injury
sustained by a member whilst acting in the
10 execution of his or her duties or in the course of
travel to or from a place of duty;
".
5. Sections 135A to 135D inserted
After section 124 the following sections are inserted:
15 "
135A. Definition of "former member"
For the purposes of sections 135B and 135C, "former
member" means any former member who resigned
from, retired from or otherwise left the Police Force.
20 135B. Payment of medical and hospital expenses
(1) Subject to subsection (2), the Commissioner of Police
shall pay the reasonable medical and hospital expenses
incurred by a member or former member as a result of
an injury suffered on duty.
25 (2) A member or former member who suffers illness or
injury through his fault or misconduct is not entitled in
respect of that illness or injury to receive the benefits
provided for by subsection (1).
page 3
Police (Compensation for Injured Officers) Amendment Bill 2006
Part 2 Amendment of Police Act 1892
s. 5
135C. Payment of lump sum compensation amount
(1) Subject to subsection (2), the Commissioner of Police
shall pay to a former member who resigned from,
retired from or otherwise left the Police Force as a
5 consequence of an injury suffered on duty an amount
calculated in accordance with subsection (3).
(2) A former member who resigned from, retired from or
otherwise left the Police Force as a consequence of an
injury suffered on duty which was suffered through the
10 former member's fault or misconduct is not entitled to
receive the benefits provided for in subsection (1).
(3) The Commissioner of Police shall pay to the former
member (or his spouse in circumstances in which the
former member is dead) or to the personal
15 representatives of the former member, an amount in
accordance with the formula:
A = S x CF x I
where:
A = the amount to be paid to the former
20 member or his personal representatives;
S = the annual salary of the former member at
the date of the former member's resignation,
retirement or other departure from the Police
Force;
25 CF = the capitalisation factor prescribed for the
purposes of this section by the regulations, for
the sex of the former member and for the age of
the former member on the day on which he or
she retired, resigned or otherwise left the force;
30 and
I = the extent of the former member's
permanent loss of earning capacity, determined
by the Commissioner of Police and expressed
page 4
Police (Compensation for Injured Officers) Amendment Bill 2006
Amendment of Police Act 1892 Part 2
s. 5
as a percentage, as a consequence of the injury
suffered on duty.
(4) Without limiting any other factor the Commissioner of
Police may take into consideration when determining a
5 former member's permanent loss of earning capacity as
referred to in subsection (2), a psychological or
psychiatric injury sustained by a former member as a
consequence of an injury suffered on duty provided
that such injury is demonstrable and permanent.
10 135D. Review
A person aggrieved by a decision of the Commissioner
of Police under sections 135B or 135C may apply to
the State Administrative Tribunal for a review of the
decision.
15 ".
page 5
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