Police Amendment (Death and Disability) Act 2005 No 112



An Act to amend the Police Act 1990 and the State Authorities Superannuation Act 1987 with respect to death and incapacity benefits for police officers; and for other purposes.
1   Name of Act
This Act is the Police Amendment (Death and Disability) Act 2005.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Amendment of Police Act 1990 No 47
The Police Act 1990 is amended as set out in Schedule 1.
The State Authorities Superannuation Act 1987 is amended as set out in Schedule 2.
5   Amendment of Police Regulation 2000
The Police Regulation 2000 is amended by omitting “section 216” from clause 105 and by inserting instead “section 216AA”.
Schedule 1 Amendment of Police Act 1990
(Section 3)
[1]   Section 216 Special risk benefit where certain police officers hurt on duty
Omit the section.
[2]   Section 216AA Special risk benefit where student of policing hurt while undergoing police education
Omit the definition of CF from section 216AA (3). Insert instead:
  
CF is the capitalisation factor, prescribed for the purposes of this section by the regulations, for the sex of the student and for the age of the student on the day on which the student was injured while undergoing a police education course.
[3]   Section 216A Determination by District Court
Omit section 216A (1) and (2). Insert instead:
  
(1)  An application to the District Court for a determination in relation to a decision of the Commissioner under section 216AA may be made by:
(a)  a student of policing referred to in section 216AA (1), or
(b)  the spouse or personal representative of a student of policing referred to in section 216AA (2),
within 6 months after the decision is notified in writing to the student, spouse or personal representative.
(2)  If within 6 months after a student of policing to whom section 216AA applies suffers an injury that renders the student totally and permanently incapacitated for work, or dies, the Commissioner fails or refuses to make a decision under that section in relation to the student, the Commissioner is taken, for the purposes of this section, to have made a decision under that section to refuse to pay any amount in relation to the student.
[4]   Section 216A (5)
Omit “216 or”.
[5]   Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
  
[6]   Schedule 4, Part 22
Insert after Part 21:
  
Part 22 Provisions consequent on enactment of Police Amendment (Death and Disability) Act 2005
68   Definitions
In this Part:
death or incapacity benefit means a benefit payable to or in respect of a police officer under a police officers award (whether provided for in that award or by or under any Act, law or instrument) if:
(a)  the police officer dies, or
(b)  the police officer suffers total and permanent incapacity or partial and permanent incapacity.
hurt on duty has the same meaning as in section 216 (6) (as in force immediately before its repeal by the amending Act).
police officers award means a State industrial instrument applying to police officers and prescribed by the regulations for the purposes of this definition.
69   Savings in relation to special risk benefits
(1)  Sections 216 and 216A (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) continue to apply to and in respect of a police officer as if those sections had not been repealed and amended, respectively, if:
(a)  the police officer was hurt on duty before the repeal of section 216, and
(b)  he or she is not subsequently entitled to a death or incapacity benefit in respect of that injury.
(2)  If an amount is paid under section 216 or 216A (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) in relation to a physical or mental injury for which a death or incapacity benefit is also paid, the person to whom the amount is paid is liable to repay the amount to the Commissioner.
(3)  Any amount due to the Commissioner under this clause may be recovered as a debt in a court of competent jurisdiction.
(4)  Subclauses (2) and (3) apply whether or not the amount was received before or after the commencement of this clause.
(Section 4)
[1]   Part 5D
Insert after Part 5C:
  
Part 5D Death or incapacity benefits for police officers
46AI   Definitions
In this Part:
death or incapacity benefit means a benefit payable to or in respect of a police officer under a police officers award (whether provided for in that award or by or under any Act, law or instrument) if:
(a)  the police officer dies, or
(b)  the police officer suffers total and permanent incapacity or partial and permanent incapacity.
police officers award means a State industrial instrument applying to police officers and prescribed by the regulations for the purposes of this definition.
46AJ   Application of Part
This Part has effect despite any other provision of this Act or the regulations.
46AK   Provision to be made with respect to death or incapacity benefits for police officers
(1)  The regulations may make provision for or with respect to the following:
(a)  the effect on coverage under this Act for an additional benefit, and liability to pay the additional benefit levy, of a contributor or former contributor who is or was a police officer and who is covered for a death or incapacity benefit,
(b)  preventing the repayment of any additional benefit levy paid by a contributor or former contributor who is or was a police officer,
(c)  any other matter that is necessary or convenient for the purposes of complying with or giving effect to a police officers award or this Part.
(2)  Any such regulations may take effect from the date of commencement of this Part, as inserted by the amending Act, or the date on which a police officers award first applies to a police officer (whichever is earlier).
(3)  Without limiting section 46AJ, regulations may be made under this Part that are inconsistent with Part 3, 4, 5 or 6 of this Act, or any regulations made under those Parts, but only to the extent that the inconsistency with any of those provisions is necessary for the purpose of compliance with or giving effect to a police officers award.
[2]   Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):