Police (Medical and Other Expenses for Former Officers) Act 2008 (WA)
Western Australia
Western Australia
Western Australia
Police (Medical and Other Expenses for Former Officers) Act 2008This is the
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
(1) In this Act, unless the contrary intention appears —
(a) a police officer; or
(b) an APLO;
(2) For the purpose of applying a provision of the WCIM Act under this Act —
(a) a reference in the WCIM Act to a worker is read as a reference to a former officer; and
(b) a reference in the WCIM Act to a worker’s employer is read as a reference to the Police Commissioner; and
(c) a reference in the WCIM Act to a worker’s employment is read as a reference to a former officer’s employment as a police officer or APLO.
(1) The Police Commissioner is liable to pay an amount for medical and other expenses incurred or likely to be incurred by a former officer on or after 1 July 2007 as a result of an injury to the officer.
(2) The amount is payable in accordance with section 5.
(3) The Police Commissioner is not liable to pay an amount under subsection (1) in respect of an injury if the injury is attributable to —
(a) the officer’s voluntary consumption of alcohol or a drug of addiction within the meaning given in the
Medicines and Poisons Act 2014 section 77(1), or both, that impaired the proper functioning of the officer’s faculties; or(b) the officer’s failure without reasonable excuse (proof of which is on the officer) to use protective equipment, clothing or accessories provided by the Police Commissioner for the officer’s use; or
(c) other serious and wilful misconduct of the officer,
unless the injury has serious and permanent effects or results in death.
(1) The amount payable under section 4(1) is calculated in accordance with the WCIM Act sections 70(1), 71, 72, 75, 82(1), 83 (other than paragraphs (d) and (g)), 84 to 87, 89 and 90, and that Act (with the appropriate changes) applies accordingly.
(2) To avoid doubt, the amount payable under section 4(1) in respect of an injury does not include any amount in respect of the injury that became payable by the Police Commissioner before the former officer ceased to be a police officer or APLO.
(1) An amount is not payable under section 4(1) for medical or other expenses to the extent of —
(a) any amount received for those medical or other expenses under the laws of a place outside the State; or
(b) the amount of any judgment for those medical or other expenses obtained independently of this Act; or
(c) the amount received in compromise of any claim for those medical or other expenses made independently of this Act; or
(d) any amount received for those medical or other expenses as an act of grace payment.
(2) If a person receives an amount under section 4(1) for medical or other expenses and subsequently —
(a) receives an amount for those medical or other expenses under the laws of a place outside the State; or
(b) obtains judgment for an amount for those medical or other expenses independently of this Act; or
(c) receives an amount in compromise of any claim for those medical or other expenses made independently of this Act; or
(d) receives an amount for those medical or other expenses as an act of grace payment,
the amount specified in subsection (3) is recoverable in a court of competent jurisdiction as a debt due from the person to the Police Commissioner.
(3) The amount recoverable under subsection (2) is the lesser of —
(a) the amount paid under section 4(1); and
(b) the amount received or for which judgment was obtained.
Part 3 – Dispute resolution
The WCIM Act applies (with the appropriate changes) in relation to the determination of a dispute in connection with a claim, or liability to pay an amount under section 4(1), as if the dispute were a dispute within the meaning given in the WCIM Act section 303.
Despite section 7, the WCIM Act sections 25(1) and 78(6) do not apply in relation to a claim or the recovery of an amount under section 4(1) of this Act.
Despite the WCIM Act section 355, for the purposes of an action for damages brought independently of this Act, a decision of an arbitrator in relation to a dispute referred to in section 7 is not final or binding on the parties to the dispute.
In this Part —
The Insurance Commission will manage claims on the Police Commissioner’s behalf for the period of 3 years beginning on the day on which section 4(1) commences in accordance with the terms to be agreed before that day between the Police Commissioner and the Insurance Commission.
(1) Before the end of a claims management period, the Police Commissioner must —
(a) review the arrangement for the management of claims on the Police Commissioner’s behalf; and
(b) enter into a new arrangement for that management with the Insurance Commission or another person for the period (not less than 12 months) from the end of the claims management period that is specified in the new arrangement.
(2) Subsection (1) does not prevent an arrangement for the management of claims being terminated before the end of a claims management period in accordance with the terms of the arrangement.
(3) If an arrangement is terminated as described in subsection (2), the Police Commissioner must enter into a new arrangement for the management of claims on the Police Commissioner’s behalf with the Insurance Commission or another person for the period (not less than 12 months) that is specified in the new arrangement.
For the purpose of an arrangement with the Insurance Commission entered into under section 11 or 12(1)(b) or (3), the Police Commissioner is a public authority within the meaning given in the
Appropriate changes to the WCIM Act are —
(a) any changes to that Act that are prescribed by the regulations; and
(b) any other changes to that Act that are necessary or convenient to give effect to this Act.
The Governor may make regulations prescribing matters —
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for giving effect to this Act.
This is a compilation of the
46 of 2008 | 10 Dec 2008 | s. 1 and 2: 10 Dec 2008 (see s. 2(a)); Act other than s. 1 and 2: 1 Jul 2009 (see s. 2(b) and | |
13 of 2014 | 2 Jul 2014 | 30 Jan 2017 (see s. 2(b) and | |
21 of 2023 | 24 Oct 2023 | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |
APLO............................................................................................................................ 3(1)
appropriate changes.................................................................................................... 3(1)
claim.............................................................................................................................. 3(1)
claims management period.......................................................................................... 10
former officer............................................................................................................... 3(1)
injury............................................................................................................................. 3(1)
Insurance Commission................................................................................................. 10
Police Commissioner................................................................................................. 3(1)
WCIM Act.................................................................................................................... 3(1)
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