Police (Medical and Other Expenses for Former Officers) Regulations 2009 (WA)
Western Australia
Police (Medical and Other Expenses for Former Officers) Act 2008
Western Australia
Western Australia
Police (Medical and Other Expenses for Former Officers) Act 2008Police (Medical and Other Expenses for Former Officers) Act 2008
These regulations are the
These regulations come into operation on the day on which the
In these regulations —
(1) A claim must —
(a) be in the approved form and signed by the former officer; and
(b) include or be accompanied by the information approved by the Police Commissioner; and
(c) be given to the Police Commissioner.
(2) A claim can only be made under subregulation (1) in relation to an injury to a former officer if —
(a) notice of the injury was given under the
Police Force Regulations 1979 regulation 1302 before the former officer ceased to be a police officer or APLO; or(b) if the former officer ceased to be a police officer or APLO before the day on which section 4(1) of the Act came into operation — notice of the injury is given to the Police Commissioner as soon as practicable after the former officer becomes aware of the entitlement to make a claim; or
(c) if the former officer ceased to be a police officer or APLO on or after the day on which section 4(1) of the Act came into operation — notice of the injury is given to the Police Commissioner as soon as practicable after the injury occurs.
(1) In this regulation —
(a) for a claim received within 6 months after the commencement of section 4(1) of the Act — 60 days after the claim is received; or
(b) for any other claim — 17 days after the claim is received.
(2) Within the prescribed period after receiving a claim from a former officer made in accordance with regulation 4, the Police Commissioner must notify the former officer in writing that —
(a) liability for the claim is accepted; or
(b) liability for the claim is denied; or
(c) a decision to accept or deny liability for the claim has not yet been made.
(3) A notice under subregulation (2)(b) or (c) must set out the reasons why liability is denied or a decision has not yet been made.
A former officer who has made a claim must, if required by the Police Commissioner for the purpose of deciding whether to accept or deny the claim, submit himself or herself for an examination by a medical practitioner provided and paid by the Police Commissioner.
If amounts are being paid by the Police Commissioner in respect of a claim made by a former officer, the former officer must, if required by the Police Commissioner, from time to time submit himself or herself for an examination by a medical practitioner provided and paid by the Police Commissioner.
If a claim is for medical expenses likely to be incurred, the Police Commissioner may require the former officer to give the Police Commissioner a written statement signed by a medical practitioner setting out —
(a) the treatment proposed to be provided to the former officer in respect of the injury; and
(b) an estimate of the costs of that treatment.
(1) If a claim has been made in respect of an injury to a former officer, the final day for making an application under the WCIM Act section 78 in relation to the injury is the last day of the period of 5 years after the day on which the claim is made.
(2) The application must be accompanied by —
(a) a statutory declaration in the approved form setting out the officer’s social and financial circumstances and reasonable financial needs; and
(b) a written statement signed by a medical practitioner demonstrating the matters prescribed for the purposes of the WCIM Act section 78(3)(c).
This Part applies in relation to the determination of a dispute referred to in section 7 of the Act.
The provisions (the
(a) sections 146, 180 and 181;
(b) Part 6 (except section 379);
(c) any other provision to the extent that the application is necessary to give effect to a provision referred to in paragraph (a) or (b).
A reference in the applied provisions to a claim under the WCIM Act Part 2 Division 4 for medical and health expenses compensation or the WCIM Act Part 2 Division 5 for miscellaneous expenses compensation (however the claim is described) is to be read as a reference to a claim as defined in section 3(1) of the Act.
The form to be used for an applied provision is —
(a) if the Police Commissioner has approved a form for use under the applied provision — that form; or
(b) otherwise — a form prescribed or approved under the WCIM Act for use under the applied provision, with the necessary changes.
(1) The information for use under an applied provision is —
(a) if the Police Commissioner has approved information for use under the applied provision — that information; or
(b) otherwise — information prescribed under the WCIM Act for use under that applied provision, with the necessary changes.
(2) For the purposes of this regulation, information for use under an applied provision is —
(a) information that must be included in or accompany a form to be used under the applied provision; or
(b) information to be otherwise provided for the purposes of the applied provision.
To avoid doubt, the applied provisions do not apply in relation to the determination of a dispute referred to in section 7 of the Act so as to limit the amount of damages that may be awarded independently of the Act.
Evidence of a statement made in a proceeding before an arbitrator under this Part is admissible in an action for damages brought independently of the Act.
(1) The Police Commissioner may approve forms for use under the Act.
(2) An approved form may be a statutory declaration.
This is a compilation of the
23 Jun 2009 p. 2513‑23 | 1 Jul 2009 (see r. 2 and | |
3 Aug 2010 p. 3566-7 | r. 1 and 2: 3 Aug 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Aug 2010 (see r. 2(b)) | |
SL 2024/121 26 Jun 2024 | r. 1 and 2: 26 Jun 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2024 (see r. 2(b)) |
applied provisions..................................................................................................... 3, 10
approved form.................................................................................................................. 3
prescribed period......................................................................................................... 5(1)
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