Police Amendment (Death and Disability) Act 2005 (NSW)
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.
This Act is the Police Amendment (Death and Disability) Act 2005.
This Act commences on a day or days to be appointed by proclamation.
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.
The Police Regulation 2000 is amended by omitting “section 216” from clause 105 and by inserting instead “section 216AA”.
(Section 3)
Omit the section.
Omit the definition of
Omit section 216A (1) and (2). Insert instead:
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.
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.
Omit “216 or”.
Insert at the end of clause 2 (1):
Police Amendment (Death and Disability) Act 2005
Insert after Part 21:
In this Part:
(a) the police officer dies, or
(b) the police officer suffers total and permanent incapacity or partial and permanent incapacity.
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1 [1] to the amending Act) continue to apply to and in respect of a police officer as if those sections had not been repealed and amended, respectively, if: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.
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.
Any amount due to the Commissioner under this clause may be recovered as a debt in a court of competent jurisdiction.
Subclauses (2) and (3) apply whether or not the amount was received before or after the commencement of this clause.
(Section 4)
Insert after Part 5C:
In this Part:
(a) the police officer dies, or
(b) the police officer suffers total and permanent incapacity or partial and permanent incapacity.
This Part has effect despite any other provision of this Act or the regulations.
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.
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).
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.
Insert at the end of clause 1 (1):
Police Amendment (Death and Disability) Act 2005
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