Police Regulation (Superannuation) Act 1906 (NSW)

whole Act (except s 1 and sch 6): Am 2000 No 114, Sch 1.3 [3] (“or de facto partner” inserted after “spouse” wherever occurring).

whole Act (except s 1 and sch 6): Am 2000 No 114, Sch 1.3 [4] (“or de facto partners’” inserted after “spouses’” wherever occurring).

whole Act (except s 1 and sch 6): Am 2000 No 114, Sch 1.3 [5] (“or de facto partners” inserted after “spouses” wherever occurring).

whole Act: Am 2002 No 51, Sch 2.12 (“the Police Service”, “the police service” and “the Police Service Act 1990” omitted wherever occurring, “NSW Police”, “NSW Police” and “the Police Act 1990” inserted instead, respectively); 2006 No 94, Sch 3.26 (“NSW Police” omitted wherever occurring, “the NSW Police Force” inserted instead).

An Act to amend the Police Regulation Act 1899.

Part 1Preliminary

pt 1, hdg: Ins 1974 No 101, sec 3 (a).

1Name of Act, commencement and definitions

s 1, hdg: Rep 1974 No 101, sec 3 (a).

(1)

This Act may be cited as the Police Regulation (Superannuation) Act 1906.

(1A)

This Act shall commence on 1 February 1907.

(2)

In this Act, except to the extent that the context or subject-matter otherwise indicates or requires—

approved employment benefit means a benefit provided to a member of the NSW Police Force at the cost of the member’s employer (being a benefit of a private nature) that is approved by the Minister, with the concurrence of the Treasurer, for the purposes of this section in relation to the member or a class of employees of which the member is a member.

attributed salary of office of a contributor at any time means—

(a)
if the contributor is a full-time member of the police force at the time, the salary of office of the contributor at that time, or
(b)
if the contributor is a part-time member of the police force at the time, the salary of office that would be payable to the contributor at that time if employed as a full-time member of the police force.

Aware Super Fund has the same meaning as Fund has in the Aware Super Act 1992.

Board means the State Authorities Superannuation Board referred to in section 4 of the Superannuation Administration Act 1991.

Commonwealth taxation law means a law of the Commonwealth providing for the levying and collection of a tax.

contributor means contributor to the Fund.

equivalent full-time service means the cumulative total of all periods worked by a contributor as a member of the police force (as a full-time member of the police force or a part-time member of the police force, or both) expressed as the nearest equivalent period of full-time service.

equivalent service ratio is defined in section 6.

executive officer means a member of the NSW Police Force who is—

(a)
a police executive officer, or
(b)
a member of the police force who is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, or
(c)
a Public Service senior executive within the meaning of the Government Sector Employment Act 2013.
(d)
(Repealed)

family law superannuation legislation has the same meaning as it has in Part 4A.

family law superannuation payment has the same meaning as it has in Part 4A.

full-time member of the police force means a member of the police force whose salary ratio is equal to 1.

Fund means the Police Superannuation Fund established by this Act.

hurt on duty, in relation to a member of the police force, means injured in such circumstances as would, if the member were a worker within the meaning of the Workers Compensation Act 1987, entitle the member to compensation under that Act.

member of the police force means a police officer within the meaning of the Police Act 1990 or a member of the NSW Police Force who was a contributor immediately before being transferred to an administrative office under section 67 of that Act.

part-time member of the police force means a member of the police force whose salary ratio is less than 1 but at least 0.1.

penalty, in relation to a Commonwealth taxation law, includes (but is not limited to)—

(a)
a penalty rate of taxation under that law, and
(b)
the loss of a concessional rate of taxation under that law.

police executive officer means an executive officer within the meaning of Part 5 of the Police Act 1990.

police force means that part of the NSW Police Force which consists of members of the police force within the meaning of this Act.

Police Medical Board means the Police Medical Board established under section 15A.

relevant Commonwealth superannuation standard means a standard that would be applicable under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth if the Fund was a regulated superannuation fund under that Act.

remuneration includes allowances and other benefits.

salary of office, in relation to a member of the NSW Police Force other than an executive officer, means the sum of—

(a)
the remuneration ordinarily received by the member as the ordinary pay of the member’s rank and position, not including—
- (i)
  an amount paid for overtime or as a bonus, or
- (ii)
  a relieving allowance, or
- (iii)
  an allowance paid instead of the supply of a uniform, or
- (iv)
  an expense allowance or an allowance for travelling, subsistence or other similar expenses, or
- (v)
  a climatic, disability or living allowance paid when stationed or residing at a particular place, or
- (vi)
  an allowance for equipment, or
- (vii)
  remuneration of a kind prescribed by the regulations as exempt for the purposes of this paragraph, or
- (viii)
  in respect of any period during which the member takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the member as exceeds the salary of office (within the meaning of this definition) that he or she would have received had he or she taken leave on full pay,
unless the regulations otherwise provide, and
(a1)
if salary sacrifice contributions are made in respect of the member, the amounts payable for those contributions under section 5AD (3) (a) and (b), and
(b)
if approved employment benefits are provided to the member, the cost of providing the approved employment benefits, as determined by the Minister, with the concurrence of the Treasurer,

expressed as an annual rate.

salary of office, in relation to an executive officer, has the meaning set out in section 1AA.

salary ratio of a contributor during a period means the number ascertained by dividing the salary of office of the contributor at the commencement of the period by the attributed salary of office of the contributor at that commencement.

salary sacrifice contribution—see section 5AD (2).

spouse of a member or former member of the police force who has died means the surviving spouse (including widow or widower) of the member or former member.

STC means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996.

superannuation contributions surcharge means the superannuation contributions surcharge imposed under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth.

superannuation guarantee shortfall has the same meaning as in the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(3)

Where—

(a)
the salary of office of a member of the police force is reduced by reason that the member ceases to be paid an allowance (otherwise than as a consequence of disciplinary proceedings),
(b)
the salary of office of the member at the date of the member’s death, retirement, resignation or discharge is less than the salary of office of the member immediately before it was so reduced, and
(c)
the member died, retired, resigned or was discharged on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1984,

the salary of office of the member at the date of the member’s death, retirement, resignation or discharge shall, for the purposes of this Act, be deemed to be the salary of office of the member immediately before it was so reduced.

(4)

In this Act, a reference to—

(a)
a function includes a reference to a power, authority and duty, and
(b)
the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(5)

In this Act, a reference to the salary of office of a member of the police force, other than an executive officer, who is a part-time member of the police force (including a member who fills a full-time position but is on part-time leave without pay) is a reference to the actual salary of office received by the officer while working as a part-time member of the police force.

(6)

In this Act, a reference to part-time service includes any period during which a member of the police force is employed as a part-time employee or takes part-time leave without pay and is required by this Act to contribute to the Fund.

(7)

Notes included in this Act do not form part of this Act.

s 1: Am 1927 No 23, sec 3; 1974 No 46, sec 9 (a); 1978 No 174, Sch 2 (1); 1979 No 133, Sch 1 (1); 1984 No 73, Sch 1 (1); 1984 No 93, Sch 1, Part 1; 1987 No 81, Sch 1 (1); 1987 No 220, Sch 2 (1); 1988 No 134, Sch 1 (1); 1990 No 48, Sch 2; 1991 No 95, Sch 5 (1); 1992 No 35, Sch 3; 1992 No 102, Sch 2 (1); 1993 No 42, Sch 2; 1993 No 111, Sch 2 (1); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [1] [2]; 1997 No 149, Sch 1.3 [1]; 1998 No 72, Sch 1.2 [1] [2]; 1999 No 6, Sch 1.3 [1]; 1999 No 86, Sch 1.3 [1]–[3]; 2000 No 100, Sch 3 [1]; 2000 No 114, Sch 1.3 [1] [2]; 2003 No 77, Sch 7 [1]; 2005 No 85, Sch 2.3 [1]; 2005 No 91, Sch 3.6 [1]; 2007 No 25, Sch 2 [1]–[3]; 2010 No 19, Sch 3.77 [1]; 2015 No 58, Sch 3.71 [1]; 2018 No 28, Sch 1.28 [1]; 2022 No 29, Sch 2.5[1] [2].

1AASalary of office: executive officers(1)

For the purposes of this Act, the salary of office of an executive officer is the salary as last nominated or changed in accordance with this section.

(2)

An amount of salary for the purposes of this Act must be nominated to the Commissioner by an executive officer, on, or as soon as practicable after, being appointed as an executive officer. An amount may also be nominated to the Commissioner by the officer on, or as soon as practicable after, being reappointed, or appointed to another position, as an executive officer.

(3)

The amount nominated is to be not less than the monetary remuneration payable to the executive officer at the date of nomination and not more than the total value of the remuneration package paid to the officer (less the cost of providing employer’s contributions to superannuation, other than salary sacrifice contributions, under this Act and the State Authorities Non-contributory Superannuation Act 1987 and any performance-related incentive payment), expressed as an annual rate.

(4)

If an executive officer fails to nominate an amount of salary within 28 days of first being appointed as an executive officer or within such further period as STC may allow, the officer is taken to have nominated an amount of salary that is equal to the monetary remuneration payable to the officer at the end of the applicable period.

(5)

An executive officer may, from time to time, by notice to the Commissioner elect to reduce the amount of salary nominated under this section, but not so that the amount is less than the monetary remuneration payable to the officer at the date of the election.

(6)

An executive officer may, from time to time, by notice to the Commissioner elect to increase the amount of salary nominated under this section, but not so as to increase the amount nominated by a percentage of that amount that is more than the percentage by which the remuneration package of the officer has increased since the amount of salary was last nominated or changed.

(6A)

The amount of salary nominated for the purposes of this Act is, on an executive officer becoming a full-time member of the police force after being a part-time member of the police force or becoming a part-time member of the police force after being a full-time member of the police force, changed so that it is an amount equal to the same percentage of the officer’s remuneration package after the change in work as the amount previously nominated was of the remuneration package before the change. This subsection does not prevent an executive officer from making an election under subsection (5) or (6) at any time after the change in work.

(7)

The Commissioner must notify STC of a nomination or election under this section. Any such nomination or election takes effect on the date of notification to STC or on such other date as STC may determine with the consent of the executive officer concerned.

(8)

Nothing in this section requires the nominated amount of salary to be increased if, because of a variation in the remuneration package of an executive officer or in the proportions of the remuneration package comprising monetary remuneration and employment benefits of the officer, the amount of salary as last nominated or changed for the purposes of this section is less than the monetary remuneration of the officer.

(9)

An executive officer may, within 3 months after the commencement of this subsection, nominate a new amount of salary in accordance with this section if, immediately before the commencement of this subsection, the officer was an executive officer.

(10)

In this section, the monetary remuneration payable to an executive officer is—

(a)
if the officer is a Public Service senior executive, within the meaning of the Government Sector Employment Act 2013, or a police executive officer, the monetary remuneration payable in accordance with the Government Sector Employment Act 2013 or the Police Act 1990, as the case requires, or
(b)
if the officer is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the remuneration payable to the officer as reduced under that section by the cost of employment benefits provided to the officer, or
(c)
in the case of any other executive officer, the monetary remuneration payable to the officer.

s 1AA: Ins 1990 No 48, Sch 2. Subst 1993 No 42, Sch 2. Am 1993 No 111, Sch 2 (2); 1996 No 39, Sch 4; 1998 No 72, Sch 1.2 [3]; 1999 No 86, Sch 1.3 [4]; 2005 No 52, Sch 3 [1]; 2007 No 25, Sch 2 [4]; 2015 No 58, Sch 3.71 [2].

1AClosure of Fund to police employed on or after 1 April 1988(1)

This Act does not apply to or in respect of a member of the police force who becomes such a member on or after 1 April 1988, except—

(a)
a retired or discharged member of the police force who is in receipt of a superannuation allowance under this Act and who serves again in the police force under section 16 or otherwise,
(b)
a former member of the police force who is a contributor to the Fund as an employee of the Police Association of New South Wales and who serves again in the police force, and
(c)
a member of the police force of a class prescribed by the regulations.

(2)

This Act is taken to have applied to a member of the police force who is a member of a class prescribed for the purposes of subsection (1) (c), and who contributed to the Fund before the regulation prescribing the class commenced, on and from the date prescribed by the regulation.

(3)

The date that is prescribed by the regulation may be a date that is earlier than the date the regulation commenced.

s 1A: Ins 1974 No 101, sec 3 (b). Am 1978 No 174, Sch 1 (1); 1979 No 133, Schs 1 (2), 2 (1); 1980 No 115, sec 3 (a); 1981 No 24, Sch 1 (1); 1984 No 73, Sch 1 (2). Subst 1987 No 220, Sch 1. Am 1991 No 94, Sch 1; 1992 No 111, Sch 1.

1B, 2

(Repealed)

s 1B: Ins 1984 No 83, sec 3. Rep 1990 No 48, Sch 2.

s 2: Am 1984 No 73, Sch 1 (3). Rep 1990 No 48, Sch 2.

Part 22A–2G

(Repealed)

pt 2, hdg: Ins 1974 No 101, sec 3 (c). Rep 1987 No 220, Sch 2 (2).

pt 2: Rep 1987 No 220, Sch 2 (2).

s 2A, hdg: Ins 1974 No 46, sec 9 (b). Rep 1974 No 101, sec 3 (c).

s 2A: Ins 1974 No 46, sec 9 (b). Am 1979 No 133, Sch 1 (3); 1984 No 73, Sch 1 (4) (5); 1984 No 93, Sch 1, Part 1; 1987 No 48, Sch 31. Rep 1987 No 220, Sch 2 (2).

s 2B: Ins 1974 No 46, sec 9 (b). Rep 1987 No 220, Sch 2 (2).

s 2C: Ins 1974 No 46, sec 9 (b). Am 1984 No 73, Sch 1 (4). Rep 1987 No 220, Sch 2 (2).

s 2D: Ins 1974 No 46, sec 9 (b). Am 1979 No 133, Sch 1 (4); 1984 No 93, Sch 1, Part 1. Rep 1987 No 220, Sch 2 (2).

s 2E: Ins 1974 No 46, sec 9 (b). Rep 1987 No 220, Sch 2 (2).

s 2F: Ins 1974 No 46, sec 9 (b). Am 1981 No 24, Sch 1 (2). Subst 1984 No 73, Sch 1 (6). Am 1987 No 81, Sch 1 (2). Rep 1987 No 220, Sch 2 (2).

s 2G: Ins 1974 No 46, sec 9 (b). Rep 1987 No 220, Sch 2 (2).

Part 2APolice Superannuation Advisory Committee

pt 2A: Ins 1987 No 220, Sch 2 (3).

2HConstitution of Committee(1)

There is constituted by this Act a Police Superannuation Advisory Committee.

(2)

The Committee is to consist of 8 members appointed by the Minister, one of whom is to be a person appointed by the Minister to be the Chairperson of the Committee.

(3)

Of the members other than the Chairperson—

(a)
3 shall be persons nominated by the Police Association of New South Wales,
(b)
1 shall be a person nominated by the Commissioned Officers’ Branch of the Public Service Association of New South Wales,
(c)
1 shall be a person nominated by STC,
(d)
1 shall be a person nominated by the State Insurance Regulatory Authority, and
(e)
1 shall be a person nominated by the Minister administering the Police Act 1990.

(4)

Schedule 4 has effect with respect to the members and procedure of the Committee.

s 2H: Ins 1987 No 220, Sch 2 (3). Am 1988 No 132, Sch 2; 1989 No 121, Sch 1; 1992 No 57, Sch 1; 1996 No 39, Sch 4; 2004 No 55, Sch 2.30; 2015 No 19, Sch 15.13.

2IFunctions of Committee

The functions of the Police Superannuation Advisory Committee are—

(a)
to advise STC on such matters relating to the administration of this Act as are referred to it by STC, and
(b)
(Repealed)
(c)
such other functions relating to the administration of this Act as are delegated to it by STC.

s 2I: Ins 1987 No 220, Sch 2 (3). Am 1990 No 48, Sch 2; 1996 No 39, Sch 4; 2007 No 25, Sch 2 [5] [6].

2JDelegation to Committee

STC may delegate to the Police Superannuation Advisory Committee any of its functions under this Act, other than this power of delegation.

s 2J: Ins 1987 No 220, Sch 2 (3). Am 1996 No 39, Sch 4.

Part 3Police Superannuation Fund

pt 3, hdg: Ins 1974 No 101, sec 3 (d).

3Police Superannuation Fund

s 3, hdg: Subst 1974 No 46, sec 9 (c). Rep 1974 No 101, sec 3 (d).

(1)

There is hereby established the “Police Superannuation Fund” which, subject to this Act, is under the control of STC.

(2)

The Fund consists of—

(a)
the amount that, immediately before the constitution of STC, stood to the credit of the Police Superannuation and Reward Fund,
(b)
the deductions made under section 5,
(b1)
the payments or deductions made under section 5A or 20A,
(c)
amounts appropriated from the Consolidated Fund under section 4, and
(c1)
any fees paid to STC arising under the family law superannuation legislation or Part 4A, and
(d)
any other money received by STC pursuant to this Act.

(3)

STC must pay out of the Fund—

(a)
the benefits provided by this Act,
(b)
such amounts as may be necessary to satisfy any liability of the Fund with respect to tax payable under a Commonwealth taxation law or an amount of superannuation contributions surcharge,
(c)
the administration costs relating to the Fund referred to in section 85 of the Superannuation Administration Act 1996, and
(c1)
any administration costs and other amounts payable by STC and arising under the family law superannuation legislation or Part 4A, and
(d)
any other money properly payable from the Fund.

s 3: Am 1935 No 13, sec 6 (b). Subst 1974 No 46, sec 9 (c). Am 1984 No 73, Sch 1 (7); 1988 No 134, Sch 1 (2); 1991 No 96, Sch 6; 1996 No 39, Sch 4; 1997 No 149, Sch 1.3 [2] [3]; 2003 No 77, Sch 7 [3] [4].

4Fund deficiencies charged against Consolidated Revenue

If at any time the amount at credit of the Fund is insufficient to meet the superannuation allowances and other amounts (other than a conversion benefit, or interest, payable under Part 3B) payable under this Act, the amount of the deficiency is a charge against the Consolidated Revenue Fund.

s 4: Subst 1974 No 46, sec 9 (d). Am 1998 No 144, Sch 1.2 [1]; 1999 No 6, Sch 1.3 [2].

5Contributions to Fund(1)

Subject to subsection (2), there shall be deducted from the salary of office of each qualified person and paid to the Fund an amount equal to 6 per cent of that salary of office.

(2)

Subsection (1), in its application to a qualified person who—

(a)
immediately before the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1981 was the Commissioner, the Deputy Commissioner, the Senior Assistant Commissioner or an Assistant Commissioner, and
(b)
has on that day attained, or thereafter attains, the age of 60 years,

shall be construed as if the reference in subsection (1) to 6 per cent were a reference to 2 per cent.

(3)

A member of the NSW Police Force who is a contributor, or an employee of the Police Association of New South Wales who is a contributor, is a qualified person for the purposes of this section if the member or employee is under 70 years of age.

s 5: Subst 1974 No 46, sec 9 (e); 1981 No 24, Sch 1 (3). Am 1984 No 73, Sch 1 (8); 1991 No 94, Sch 1; 1992 No 35, Sch 1; 1997 No 149, Sch 1.3 [4].

5AASource of administration costs payments

The administration costs payable in respect of the superannuation scheme established under this Act are to be paid from the Fund.

s 5AA: Ins 1996 No 39, Sch 4. Am 1996 No 121, Sch 1.15.

5ALeave without pay(1)

In this section—

initial period, in relation to a period of leave, means such period commencing with the first day of that leave as is prescribed as the initial period for the purposes of this section.

leave without pay means a period of leave requested by a member of the police force during which the member is not entitled to payment of the member’s salary of office, being a period of leave which commences on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1984.

special leave without pay means any leave without pay which is—

(a)
sick leave,
(b)
maternity leave or leave in respect of the adoption of a child,
(c)
leave to undertake union duties for the Police Association of New South Wales or the Public Service Association of New South Wales, or
(d)
leave declared by the regulations to be special leave without pay within the meaning of this section.

(2)

A member of the police force who takes leave without pay (not being special leave without pay) shall, in accordance with directions given by STC, pay to STC for credit to the Fund such amounts as would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued to receive salary of office during the initial period of any such single period of leave at the rate payable to the member immediately before that initial period.

(3)

A member of the police force who takes special leave without pay must, in accordance with directions given by STC, pay to STC for credit to the Fund the amounts that would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued, while on leave, to receive salary of office at the rate payable to the member immediately before the commencement of the period of leave.

(3A)

However, a contributor who takes a single period of special leave without pay that is sick leave, maternity leave or leave in respect of the adoption of a child is not liable to make payments to STC in respect of any part of the period of special leave occurring more than 2 years after the period of special leave commences.

(3B)

If a member of the police force takes part-time leave without pay (not being special leave without pay) and receives a salary of office for part-time service during the period of leave, subsection (2) does not apply and deductions from the member’s salary of office under section 5 are to be made on the basis that—

(a)
the member is a full-time member of the police force during the initial period, and
(b)
the member is a part-time member of the police force during any period of part-time leave without pay extending after the initial period.

(3C)

The initial period is, in respect of any member of the police force who takes part-time leave without pay (not being special leave without pay), to be treated under this Act as a period of full-time service.

(3D)

If a member of the police force takes part-time leave without pay that is special leave and receives a salary of office for part-time service during the period of leave, subsections (3) and (3A) do not apply and deductions from the member’s salary of office under section 5 are to continue to be made for any period of part-time service that occurs during the period of special leave.

(4)

Any part of a single period of leave without pay taken by a member of the police force for which amounts are not payable under subsection (2) or (3A) is not a period of service for the purposes of this Act.

(5)

If a member of the police force fails to make any payment required by this section—

(a)
the amount unpaid shall be deducted from—
- (i)
  the member’s salary of office, or
- (ii)
  any gratuity or allowance payable to the member under this Act,
in such instalments and at such times as STC may determine, and
(b)
the period of leave to which the payment relates is not, while it remains unpaid, a period of service for the purposes of this Act.

(6)

Any amount paid by a member of the police force pursuant to this section shall, for the purposes of this or any other Act, be deemed to have been deducted from the member’s salary of office.

s 5A: Ins 1984 No 73, Sch 1 (9). Am 1993 No 111, Sch 2 (3); 1996 No 39, Sch 4; 1998 No 72, Sch 1.2 [4].

5ABAcceptance of contributions(1)

Despite any other provision of this Act, amounts are not to be deducted from the salary of office of a contributor during any period specified by STC for which STC determines that it must not accept contributions from the contributor.

(2)

STC may make such a determination only if it is of the opinion that it is necessary to do so in order to be consistent with a relevant Commonwealth superannuation standard.

(3)

Any period for which contributions are not payable under this section is not a period of service for the purposes of this Act.

s 5AB: Ins 1993 No 111, Sch 2 (4). Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [3].

5ACOther contributions by members of NSW Police Force(1)

A member of the NSW Police Force, or an employee of the Police Association of New South Wales, who is not required by this Act to contribute to the Fund under this Act merely because the person is on authorised leave without pay as such a member or employee, is entitled to remain a contributor to the Fund even though the member or employee is not contributing to the Fund.

(2)

This section applies to a member or employee only if—

(a)
the leave is for the purposes of raising children of whom the member or employee is a parent, or for whom he or she has assumed the responsibility of a parent, and
(b)
he or she has been on that leave for less than 7 years consecutively, and
(c)
he or she has a statutory or contractual right to resume employment at the end of the leave.

(3)

Any period during which this section applies to a member or employee is not taken to be a period of service for the purposes of this Act.

(4)

In this section—

authorised leave means—

(a)
leave approved by the Commissioner of Police or the Police Association, as the case requires, or
(b)
leave authorised by an agreement certified, or an award made, by a tribunal or body having the authority to do so under a law of the State or the Commonwealth.

s 5AC: Ins 1997 No 149, Sch 1.3 [5].

5ADSalary sacrifice contributions(1)

The whole or part of an amount that is required to be deducted from the salary of office of a qualified person under section 5 may be paid by salary sacrifice contributions.

(2)

A salary sacrifice contribution is a contribution paid in accordance with an agreement between a qualified person and the Commissioner of Police under which the person is to forgo remuneration yet to be earned and the remuneration foregone is to be applied by the employer to the amount payable for the deductions under section 5.

(3)

The amount payable for a salary sacrifice contribution to meet the requirement for a deduction under section 5 is to include the following—

(a)
the amount necessary (taking into account any deductions not made on a salary sacrifice basis) to meet the required deduction under section 5 (the deduction element),
(b)
the amount necessary to meet any tax payable under Commonwealth taxation law in respect of the amount paid under paragraph (a).

(4)

In this Act and the regulations, a reference (however expressed) to any of the following is taken to include a reference to the deduction element of a salary sacrifice contribution in accordance with an agreement under this section—

(a)
a deduction from the salary of office for the purposes of section 5,
(b)
a contribution by a contributor.

(5)

In this Act and the regulations, a reference (however expressed) to an employer contribution or an employer-financed benefit does not include a reference to a salary sacrifice contribution or any part of a benefit financed by a salary sacrifice contribution.

(6)

This section has effect despite any other provision of this Act.

s 5AD: Ins 2007 No 25, Sch 2 [7].

Part 3ASuperannuation for police executives

pt 3A: Ins 1990 No 48, Sch 2.

5BContributor who is executive officer(1)

When a contributor becomes an executive officer, the contributor must—

(a)
elect to continue to contribute to the Fund, or
(b)
elect to make provision for a benefit provided by section 9B (6) or (6AA).

(2)

If a contributor fails to make an election under subsection (1) within 2 months of being required to make that election, the contributor is, for the purposes of this section, to be taken to have elected to continue to contribute to the Fund.

(3)

Nothing in this Act prevents a contributor who elects to continue to contribute to the Fund from also contributing to the Aware Super Fund or another superannuation scheme and such a contributor is entitled to benefits in accordance with this Act despite being a member of that Fund or another scheme.

(4)

If a contributor elects to continue to contribute to the Fund, the contributor may, at any time thereafter while being an executive officer, elect to make provision for a benefit provided by section 9B (6) or (6AA).

(5)

A contributor who elects, under this section, to make provision for a benefit provided by section 9B (6) or (6AA)—

(a)
may elect to make provision for the benefit even though he or she would not (but for this section) be entitled to make that election, and
(b)
is not entitled to a benefit payable under any other provision of this Act, and
(c)
is not entitled to elect to take the benefit provided by section 9B (9), and
(d)
except as provided by subsection (6), is not entitled to be paid the benefit provided by section 9B (6) or (6AA) until on or after first ceasing to be employed in the NSW Police Force after making the election and unless there exist the circumstances set out in section 9B (3), and
(e)
may elect at any time before the benefit is paid to have the benefit paid to the credit of the contributor in the Aware Super Fund or another complying superannuation fund, a complying approved deposit fund or a retirement savings account.

(6)

If a contributor makes an election under subsection (5) (e), STC must, as soon as practicable after the election is made, pay to the trustee or provider of the nominated fund or account the amount of the benefit provided by section 9B (6) or (6AA) to which the contributor is entitled under subsection (7) or (7A).

(7)

If the contributor referred to in subsection (6) has not attained the age of 55 years on making an election under subsection (5) (e), the benefit to which the contributor is entitled is the greater of the amounts calculated in accordance with the following formulae—

where—

L represents the amount to be calculated.

B represents the amount that would be payable under section 17 if, at the date of the election under subsection (5) (e), the contributor had resigned (but without interest as provided by that section).

E represents the lump sum that would have been payable if the contributor—

(a)
were to continue as a member of the police force until attaining the age of 55 years at the same attributed salary of office as at the date the contributor makes the election under this section, and
(b)
had always worked as a full-time member of the police force, and
(c)
were to commute the superannuation allowance otherwise payable to the contributor.

S represents the total number of months of both full-time and part-time service that has been completed by the contributor.

P represents the additional months of full-time service that the contributor would have completed if he or she were to continue as a full-time member of the police force until the age of 55 years.

A represents the age in years of the contributor (including fractions of a year on the basis of completed months) at the date on which the contributor becomes a member of the Aware Super Fund.

ESR represents the equivalent service ratio of the contributor as at the date of the contributor’s election.

(7A)

If the contributor referred to in subsection (6) has attained the age of 55 years on making an election under subsection (5) (e), the benefit to which the contributor is entitled is the lump sum benefit that would be payable if the contributor—

(a)
had become entitled to the allowance prescribed by section 7 (1) or section 7AA (2) (whichever is applicable), and
(b)
had elected to commute the whole of the allowance in accordance with section 14J (3).

(8)

If a contributor makes an election under subsection (1) (b) or (4) within 12 months after being—

(a)
appointed as a police executive officer, or
(b)
nominated as an office holder for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975,

the salary of the contributor, for the purpose of determining the amount of the benefit to which the election relates, is to be taken to be his or her salary immediately before that appointment or nomination took effect.

(9)

In this section—

complying approved deposit fund means a complying approved deposit fund for the purposes of section 47 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.

complying superannuation fund means a complying superannuation fund for the purposes of section 45 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.

retirement savings account has the same meaning as in the Retirement Savings Accounts Act 1997 of the Commonwealth.

s 5B: Ins 1990 No 48, Sch 2. Am 1991 No 95, Sch 5 (6); 1996 No 39, Sch 4; 1996 No 92, Sch 1.6 (1)–(3); 1998 No 72, Sch 1.2 [5]–[7]; 1999 No 86, Sch 1.3 [5]–[11]; 2005 No 91, Sch 3.6 [2]–[6]; 2006 No 53, Sch 1.2 [1]; 2007 No 25, Sch 2 [8]–[11]; 2022 No 29, Sch 2.5[3].

Part 3BConversion of existing entitlements

pt 3B: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].

5CConversion notice(1)

A conversion notice is a notification by the Treasurer to a contributor notifying the contributor of the right to make a conversion election under this Part.

(2)

The Treasurer must send to each contributor a conversion notice.

(3)

A conversion notice must be in writing in the form determined by the Treasurer and may consist of one or more documents.

(4)

A conversion notice is to be sent in the manner determined by the Treasurer.

(5)

Without limiting any other matters that may be included, a conversion notice must set out the following matters—

(a)
a statement to the effect that on taking effect a conversion election will terminate the contributor’s membership of the Fund and of the Fund under the State Authorities Non-contributory Superannuation Act 1987 and terminate any right of the contributor to any benefit (other than a conversion benefit) from those Funds,
(b)
the estimated benefits payable in respect of the contributor under this Part on making a conversion election and the estimated amount of benefits payable if the contributor does not make the election,
(c)
details of any benefits forgone by the contributor, whether under this Act or the State Authorities Non-contributory Superannuation Act 1987, on a conversion election taking effect,
(d)
the date on which a conversion election is to take effect (in this Part referred to as the conversion date) and the last date for making an election,
(e)
a statement to the effect that on and from the conversion date a contributor who makes the conversion election is required to become a member of the Aware Super Fund,
(f)
a statement to the effect that independent financial advice should be obtained before making a conversion election and particulars of persons who are available to provide that advice,
(g)
a statement of the manner in which a conversion election is to be made,
(h)
a statement of the manner in which a conversion election may be amended or revoked and the last date on which it may be amended or revoked.

s 5C: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3]. Am 2022 No 29, Sch 2.5[3].

5DConversion election(1)

A contributor may make a conversion election.

(2)

A conversion election is an election—

(a)
to make provision for the conversion benefit, and
(b)
to cease to be a contributor and become a full member of the Aware Super Fund, and
(c)
to pay the conversion benefit to the credit of the contributor in the Aware Super Fund.

(3)

If a contributor is an executive officer, the conversion election must nominate an amount of salary or wages of the officer for the purposes of the Aware Super Act 1992.

(4)

If a contributor fails to make a conversion election on or before the last date for making an election specified in the conversion notice sent to the contributor, or purports to make an election after that date, the contributor is taken to have elected not to make a conversion election.

(5)

A contributor who makes a conversion election, and anyone else who would otherwise be a beneficiary under this Act through the contributor, is not entitled to a benefit under any provision of this Act after the conversion election takes effect, other than a conversion benefit.

(6)

A conversion election made by a contributor takes effect on the conversion date specified in the conversion notice given to the contributor.

(7)

The employer of a contributor who makes a conversion election must, on being notified by a person or body authorised by the Treasurer for the purposes of this subsection that the contributor has made a conversion election, provide the person or body with particulars of the contributor’s salary as at the conversion date within the period requested by the person or body.

s 5D: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3]. Am 2022 No 29, Sch 2.5[3] [4].

5EMaking, amendment and revocation of conversion election(1)

A conversion election must be in writing in the form determined by the Treasurer.

(2)

A conversion election is not validly made, or amended or revoked, by a contributor unless it is made, amended or revoked as determined by the Treasurer and as specified in the conversion notice.

(3)

A conversion election may be amended or revoked by a contributor at any time on or before the last date for making a conversion election specified in the conversion notice for the contributor but may not be amended or revoked after that date.

(4)

The Treasurer, or a person or body authorised by the Treasurer for the purposes of this subsection, must notify STC when a conversion election takes effect in respect of a contributor.

s 5E: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].

5FCircumstances in which a conversion election revoked or may not be made(1)

If a benefit is paid or becomes payable or is deferred or preserved in respect of a contributor under this Act before the conversion date for the contributor—

(a)
the contributor is not eligible to make a conversion election, and
(b)
if the contributor has made a conversion election, the election is taken to be revoked.

(2)

This section does not apply in respect of a gratuity paid or payable under section 12D to a contributor.

s 5F: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].

5GMatters to be determined by Treasurer

The Treasurer may, for the purposes of this Part, determine the following matters—

(a)
the form of the conversion notice and the conversion election,
(b)
the conversion date for a contributor, or class of contributors,
(c)
the information to be provided to contributors, employers and other persons in respect of the conversion benefit and related matters,
(d)
the period, or periods, within which a conversion notice is to be sent to a contributor or conversion notices are to be sent to classes of contributors,
(e)
the manner in which a conversion notice, or information about a conversion notice or the conversion benefit, is to be sent to a contributor or a class of contributors or any other persons,
(f)
the manner in which a conversion election is to be made, amended or revoked, the form of the conversion election and the period, or periods, within which a conversion election may be made, amended or revoked by a contributor or class of contributors.

s 5G: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].

5HConversion benefit(1)

The conversion benefit provided for a contributor under this Part is the amount that is equal to the sum of the benefits set out in subsections (2) and (3).

(2)

The benefit provided under this subsection is the amount of the lump sum benefit payable in respect of the contributor, calculated in accordance with section 9B (6) (b) as if the contributor retired on the conversion date for the contributor. However, if the contributor has reached the age of 55 years, the formula contained in section 9B (6) (b) is to be applied with the following modifications—

(a)
item P equals zero,
(b)
the reference in the definition of item E to 55 years is taken to be a reference to the age of the contributor when the conversion election takes effect,
(c)
item A equals 55.

(3)

The benefit provided under this subsection is an amount equal to the greater of the following amounts—

(a)
the amount of the basic benefit provided to the contributor under the State Authorities Non-contributory Superannuation Act 1987, calculated as if the contributor had been retrenched on the conversion date for the contributor and the benefit was payable on that date, and reduced by the amount, if any, that it would have been reduced by under section 26A of that Act if it had been so payable,
(b)
$18,000.

(4)

If the amount of the conversion benefit calculated under this section is less than the minimum benefit payable to the contributor, the amount of the conversion benefit is to be the amount of the minimum benefit.

(5)

STC may make a determination under section 14AA only in respect of the amount of the conversion benefit that consists of the amount of the benefit provided under subsection (2).

(6)

If STC has made a determination under section 14AA in relation to a conversion benefit, the amount of the benefit is reduced by the amount specified in the determination.

s 5H: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].

5IMinimum benefit(1)

For the purposes of section 5H, the minimum benefit payable to the contributor is the minimum benefit that would be payable to satisfy the requirements of section 15, as determined by STC.

(2)

For the purposes of this section, STC may obtain actuarial advice.

s 5I: Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].

5JPayment of conversion benefit(1)

If a person makes a conversion election in accordance with this Part, STC must, as soon as practicable after being notified that the conversion election has taken effect, pay the amount of the conversion benefit payable but not paid in respect of the person to FTC.

(2)

STC is liable to pay interest, at a rate determined by the Treasurer, on any outstanding amount of a conversion benefit not paid to FTC on the conversion date for the contributor concerned.

(3)

STC may meet the requirement to pay an amount under this section by transferring assets equivalent to the value of that amount or by paying part of the amount and transferring assets of the value of the remaining amount payable.

(4)

FTC must credit the amount of the conversion benefit, and any interest payable under this section, to an account to be established to the credit of the person in the Aware Super Fund under the Aware Super Act 1992, or to any existing account of the person under that Act.

(5)

Duty under the Duties Act 1997 is not payable in respect of the transfer of any assets by STC to FTC under this section.

s 5J: Ins 1999 No 6, Sch 1.3 [3]. Am 2022 No 29, Sch 2.5[5].

5KInformation and assistance to be provided by STC

STC must, at the request of the Treasurer, provide to the Treasurer such information and assistance as the Treasurer requires for the purposes of this Part.

s 5K: Ins 1999 No 6, Sch 1.3 [3].

5LLiability for actions taken under Part(1)

A matter or thing done or omitted to be done by the Treasurer, or any person acting under the direction of the Treasurer, does not, if the matter or thing was done or omitted to be done in good faith—

(a)
in connection with obtaining or making a conversion election, or
(b)
in connection with the provision of information in relation to this Part, or
(c)
for the purpose of executing this Part,

subject the Treasurer, a person so acting, FTC, STC, the FTC Board, the STC Board, a member of either of those Boards, or any person acting under the direction of FTC, STC or either of those Boards, to any action, liability, claim or demand.

(2)

Without limiting subsection (1), the Treasurer, FTC, STC, the FTC Board, the STC Board, a member of either of those Boards, or any person acting under the direction of the Treasurer, FTC, STC or either of those Boards, is not liable for any action, liability, claim or demand relating to the duties of FTC or STC as a trustee in respect of anything done or omitted to be done by the Treasurer, or any person acting under the direction of the Treasurer, as referred to in that subsection.

(3)

A matter or thing done or omitted to be done by STC, the STC Board, a member of the Board or any person acting under the direction of STC or the Board, does not, if the matter or thing was done or omitted in good faith—

(a)
in connection with obtaining or making a conversion election, or
(b)
in connection with the provision of information in relation to this Part, or
(c)
for the purpose of executing this Part,

subject STC, a member of the Board or a person so acting, to any action, liability, claim or demand.

(4)

A matter or thing done or omitted to be done by FTC, the FTC Board, a member of the Board or any person acting under the direction of FTC or the Board, does not, if the matter or thing was done or omitted in good faith—

(a)
in connection with obtaining or making a conversion election, or
(b)
in connection with the provision of information in relation to this Part, or
(c)
for the purpose of executing this Part,

subject FTC, a member of the Board or a person so acting, to any action, liability, claim or demand.

(5)

This section has effect despite the Superannuation Administration Act 1996 or any other law.

s 5L: Ins 1999 No 6, Sch 1.3 [3].

Part 4Benefits

pt 4, hdg: Ins 1974 No 101, sec 3 (e).

Division 1Superannuation allowances and gratuities

pt 4, div 1, hdg: Ins 1974 No 101, sec 3 (e).

6Equivalent service ratio

In this Part and section 5B—

actual contributory service (or ACS) of a contributor or member of the police force is the sum of the figures obtained by multiplying each month during which the person has been a contributor whether as a full-time or part-time member of the police force (up to a maximum of 360 months of equivalent full-time service and not including any month that is not taken to be a period of service because of section 5A (4)) by the salary ratio of the person for that month.

equivalent service ratio (or ESR) of a contributor or member of the police force means—

potential contributory service (or PCS) of a contributor or member of the police force means the total number of months during which the person has been a contributor whether as a full-time or part-time member of the police force (up to a maximum of 360 months of equivalent full-time service and not including any month that is not taken to be a period of service because of section 5A (4)).

s 6: Rep 1974 No 46, sec 9 (f). Ins 1998 No 72, Sch 1.2 [8].

7Superannuation allowance except where member hurt on duty

s 7, hdg: Rep 1974 No 101, sec 3 (e).

(1)

The annual superannuation allowance for a member of the police force who has served 20 years or more of equivalent full-time service and retires on or after attaining the age of 60 years or, being under that age, is discharged after being certified under section 8 (1) to be incapable, from infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990, is an amount calculated in accordance with the following formula—

where—

P represents the amount of the annual superannuation allowance payable.

Y represents a percentage of the member’s attributed salary of office at the date of the member’s retirement or discharge equal to the sum of—

(a)
the percentage specified in the Second Column of the Table to this subsection opposite the total number of years of both full-time and part-time service specified in the First Column of that Table that has been completed by the member, and
(b)
in the case of a person who has completed less than 30 years of equivalent full-time service, one-twelfth of 2.425 per cent for each month of full-time or part-time service that has been completed by the member after the last completed year of service referred to in paragraph (a),

ESR represents the equivalent service ratio of the member as at the date of the member’s retirement or discharge.

First Column	Second Column
Completed years of both full-time and part-time service of member	Amount per centum
20	48.500
21	50.925
22	53.350
23	55.775
24	58.200
25	60.625
26	63.050
27	65.475
28	67.900
29	70.325
30 or more	72.750

(2)

An annual superannuation allowance under subsection (1) shall not be payable to a member of the police force to whom an annual superannuation allowance is payable under section 10.

(3)

If STC has made a determination under section 14AA in relation to an annual superannuation allowance payable under subsection (1), the amount of the allowance is reduced by the amount specified in STC’s determination.

s 7: Am 1951 No 49, sec 2 (a); 1955 No 35, sec 2 (a); 1960 No 57, sec 2 (2) (a); 1966 No 5, sec 2 (a); 1973 No 5, sec 3 (a). Subst 1974 No 46, sec 7 (a). Am 1979 No 133, Sch 1 (5); 1984 No 73, Sch 1 (10); 1985 No 211, Sch 1 (1); 1988 No 134, Sch 1 (3); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [4]; 1998 No 72, Sch 1.2 [9] [10]; 2007 No 25, Sch 2 [12].

7AASuperannuation allowance on early retirement(1)

(Repealed)

(2)

Subject to subsection (2B), the annual superannuation allowance for a member of the police force who retires on or after reaching the age of 55 years and before reaching the age of 60 years is the amount calculated in accordance with the following formula—

where—

P represents the annual superannuation allowance payable.

S represents the member’s attributed salary of office at the date of retirement.

V represents the total number of months of both full-time and part-time service that has been completed by the member (subject to a maximum of 360 months of equivalent full-time service).

A represents the age of the member at the date of retirement (expressed in months).

ESR represents the equivalent service ratio of the member as at the date of the member’s retirement.

(2A)

For the purposes of V in the formula in subsection (2), if the total number of months of both full-time and part-time service is not a whole number of months, any part of a month is to be disregarded.

(2AA)

For the purposes of A in the formula in subsection (2), a part of a month of age is to be disregarded.

(2B)

If STC has made a determination under section 14AA in relation to an annual superannuation allowance payable under subsection (2), the amount of the allowance is reduced by the amount specified in STC’s determination.

(3)

An annual superannuation allowance under subsection (2) shall not be payable—

(a)
(Repealed)
(b)
to a member of the police force to whom an annual superannuation allowance is payable under section 7 or 10.

s 7AA: Ins 1981 No 24, Sch 1 (4). Am 1981 No 121, Sch 1; 1984 No 73, Sch 1 (11); 1985 No 211, Sch 1 (2); 1987 No 220, Sch 3 (1); 1988 No 134, Sch 1 (4); 1990 No 48, Sch 2; 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [5]; 1998 No 72, Sch 1.2 [11]–[15].

7AAmount of certain pensions(1)

In this section—

Commonwealth pension means—

(a)
service pension payable under Division 5 of Part III of the Repatriation Act 1920 of the Parliament of the Commonwealth, as amended by subsequent Acts of that Parliament,
(b)
age or invalid pension payable under Part III of the Social Services Consolidation Act 1947 of that Parliament, as so amended,
(c)
widow’s pension payable under Part IV of the Social Services Consolidation Act 1947 of that Parliament, as so amended, or
(d)
such other pension, or payment of a like nature, payable under a law of the Commonwealth, as may be prescribed.

prescribed superannuation allowance—

(a)
in relation to a married retired member of the police force referred to in subsection (3) (a) who has not attained the age of 70 years, means—
- (i)
  the maximum total superannuation allowance that, if received by that member, would not, under subsection (3) (a) (iii) (A), disqualify that member as a member to whom this section applies, or
- (ii)
  superannuation allowance of $32 per fortnight,
whichever is the lesser superannuation allowance,
(b)
in relation to a married retired member of the police force referred to in subsection (3) (a) who has attained the age of 70 years, means superannuation allowance of $32 per fortnight,
(c)
in relation to spouses or de facto partners referred to in subsection (3) (b) who have not both attained the age of 70 years, means—
- (i)
  the maximum total superannuation allowance that, if received by those spouses or de facto partners, would not, under subsection (3) (b) (iii), disqualify either of them as a member to whom this section applies, or
- (ii)
  superannuation allowance of $32 per fortnight,
whichever is the lesser superannuation allowance,
(d)
in relation to spouses or de facto partners referred to in subsection (3) (b) who have both attained the age of 70 years, means superannuation allowance of $32 per fortnight,
(e)
in relation to a retired member of the police force referred to in subsection (3) (c), or widow of a retired member of the police force referred to in subsection (3) (d), who has not attained the age of 70 years, means—
- (i)
  the maximum superannuation allowance that, if received by that member or widow, would not, under subsection (3) (c) or (d), as the case may be, disqualify that member or widow as a member or widow to whom this section applies, or
- (ii)
  superannuation allowance of $20 per fortnight,
whichever is the lesser superannuation allowance, or
(f)
in relation to a retired member of the police force referred to in subsection (3) (c), or widow of a retired member of the police force referred to in subsection (3) (d), who has attained the age of 70 years, means superannuation allowance of $20 per fortnight.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(2)

For the purposes of this section a pension or Commonwealth pension payable in respect of a child shall be disregarded.

(3)

This section applies to—

(a)
a married retired member of the police force who is in receipt of an annual superannuation allowance granted pursuant to this Act, where—
- (i)
  the spouse or de facto partner of that retired member is not in receipt of a superannuation allowance under this Act,
- (ii)
  that retired member is in receipt of a superannuation allowance under this Act which is less than thirty-two dollars per fortnight, and
- (iii)
  that retired member is—
  - (A)
    in the case of a retired member who has not attained the age of 70 years—in receipt of a class of Commonwealth pension that is the maximum amount of that class of Commonwealth pension that may be paid to that retired member, without any reduction on account of income or property or both pursuant to the law of the Commonwealth under which the Commonwealth pension is paid, or
  - (B)
    in the case of a retired member who has attained the age of 70 years—in receipt of a Commonwealth pension,
(b)
a married retired member of the police force who is in receipt of an annual superannuation allowance granted pursuant to this Act where—
- (i)
  the spouse or de facto partner of that retired member is in receipt of a superannuation allowance granted pursuant to this Act,
- (ii)
  the total superannuation allowance payable to both spouses or de facto partners under this Act is less than thirty-two dollars per fortnight, and
- (iii)
  paragraph (a) (iii) applies,
(c)
a retired member of the police force who is not married, where—
- (i)
  that retired member is in receipt of a superannuation allowance granted pursuant to this Act that is less than twenty dollars per fortnight, and
- (ii)
  paragraph (a) (iii) applies, and
(d)
a widow of a retired member of the police force where—
- (i)
  that widow is in receipt of or is entitled to receive a superannuation allowance granted pursuant to section 11A that is less than twenty dollars per fortnight, and
- (ii)
  paragraph (a) (iii) applies.

(4)

The superannuation allowance payable or granted under this Act to a person to whom this section applies is, subject to subsection (5), hereby increased—

(a)
in the case of a married retired member referred to in subsection (3) (a), to the prescribed superannuation allowance for that person,
(b)
in the case of a married retired member referred to in subsection (3) (b), to an amount whereby the total produced by adding—
- (i)
  the increased superannuation allowance payable to that retired member under this paragraph, and
- (ii)
  any increased superannuation allowance payable to the spouse or de facto partner of that retired member under this paragraph,
is the prescribed superannuation allowance for those spouses or de facto partners, and
(c)
in the case of a retired member or widow of a retired member referred to in subsection (3) (c) or (d) to the prescribed superannuation allowance for that retired member or widow of a retired member, as the case may be.

(5)

Payment of an increase under subsection (4) shall be made—

(a)
in the case of a retired member or widow of a retired member who, at the commencement of the Police Regulation (Superannuation) Amendment Act 1970, is eligible for an increase, as from the date the superannuation allowance becomes next payable after such commencement,
(b)
in the case of a widow of a retired member who becomes eligible for an increase after that commencement, on and from the day on which that widow becomes so eligible.

(6)

Nothing in this section shall be construed as authorising or requiring any reduction in a superannuation allowance that has been increased under this section.

s 7A: Ins 1970 No 51, sec 2 (a). Am 1978 No 174, Sch 2 (2); 1979 No 133, Sch 2 (2); 1981 No 24, Sch 1 (5); 1984 No 73, Sch 1 (12); 2010 No 19, Sch 3.77 [2].

8Determination of members medically unfit(1)

A superannuation allowance or gratuity must not be granted or paid under section 7 or 14 to a member of the police force who—

(a)
is discharged after the commencement of the Police Regulation (Superannuation and Appeals) Amendment Act 1973, and
(b)
at the time of the member’s discharge is under the age of 60 years,

unless STC (having regard to medical advice on the condition and fitness for employment of the member) has certified the member to be incapable, from infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990.

Note—

Section 14 (1) of the Police Act 1990 provides that a police officer has the functions conferred or imposed on a constable by or under any other law (including the common law) of the State.

(2)

For the purposes of determining a member’s incapacity—

(a)
STC is not to have regard to the member’s actual rank or position or functions (other than the functions referred to in subsection (1)), and
(b)
the capacity to exercise a function by delegation is not taken to be a capacity to personally exercise the function.

(2A)

(Repealed)

(3)

In this section—

medical advice means the advice of—

(a)
2 members of the Police Medical Board, or
(b)
any one or more medical practitioners nominated by the STC.

s 8: Subst 1973 No 27, sec 2. Am 1978 No 174, Sch 2 (3); 1979 No 133, Sch 1 (6); 1984 No 73, Sch 1 (13); 1987 No 220, Sch 4 (1); 1996 No 39, Sch 4; 2006 No 53, Sch 1.2 [2]; 2007 No 25, Sch 2 [13].

8ADisengagement benefit for members aged between 45–55(1)

The Commissioner of Police may, if the Commissioner considers that it is in the interests of the police force to do so, offer a disengagement benefit under this section to any class of members of the police force (or any particular members of the police force).

(2)

A member of the police force is not eligible for a disengagement benefit under this section unless the member—

(a)
is of or over 45 years of age but less than 55 years of age, and
(b)
has served as a member of the police force for at least 20 years of equivalent full-time service.

(3)

A disengagement benefit under this section is payable as follows—

(a)
the portion of the benefit that is equal to the amount of the employer-financed benefit that would be payable under section 15 is payable from the Fund,
(b)
the portion of the benefit that is equal to the amount that would be payable if the member had resigned and was paid a benefit under section 17 is payable from the Fund,
(c)
the remainder of the benefit is payable by the Commissioner of Police and is not payable from the Fund.

(4)

A member of the police force who accepts an offer of a disengagement benefit under this section shall be retired from the police force by the Commissioner of Police in accordance with the terms of the offer.

(5)

The disengagement benefit under this section is a gratuity calculated in accordance with the following formula—

where—

L represents the gratuity payable.

E represents the lump sum that would have been payable if the member had continued as a member of the police force until the age of 55 years at the same attributed salary of office, and had always worked as a full-time member of the police force and had wholly commuted the superannuation allowance otherwise payable to the member.

S represents the total number of months of both full-time and part-time service that has been completed by the member.

P represents the number of additional months of full-time service that the member would have completed if the member had continued as a full-time member of the police force until the age of 55 years.

A represents the age in years of the member (including fractions of a year on a completed months’ basis) at the date of retirement.

ESR represents the equivalent service ratio of the member as at the date of the member’s retirement.

(6)

For the purposes of S in the formula in subsection (5), if the total number of months of both full-time and part-time service is not a whole number of months, any part of a month is to be disregarded.

(6A)

For the purposes of P in the formula in subsection (5), a part of a month of full-time service is to be disregarded.

(7)

The acceptance of an offer under this section must be in writing in accordance with the terms of the offer.

(8)

This section does not apply to a contributor who is an executive officer (including the Commissioner of Police).

(9)

Nothing in this section prevents a member of the police force who is offered a disengagement benefit from electing instead to make provision for the benefit provided by section 9B (Preserved benefit).

(10)

If STC has made a determination under section 14AA in relation to a benefit under this section, the amount of the benefit is reduced by the amount specified in the determination.

s 8A: Ins 1987 No 220, Sch 3 (2). Am 1990 No 48, Sch 2; 1993 No 111, Sch 2 (5); 1997 No 149, Sch 1.3 [6]; 1998 No 72, Sch 1.2 [16]–[23]; 1999 No 86, Sch 1.3 [12]; 2002 No 111, Sch 2 [1] [2]; 2006 No 53, Sch 1.2 [3].

(Repealed)

s 9: Am 1935 No 13, sec 7 (1); 1971 No 57, sec 4; 1978 No 174, Sch 2 (4); 1979 No 133, Sch 2 (3). Rep 1981 No 24, Sch 1 (6).

9ACommencement of pension(1)

Where an annual superannuation allowance is granted under this Act to a member of the police force who retires, the allowance is payable as from the day that next succeeds the day on which the member retires.

(2)

(Repealed)

(3)

Where an annual superannuation allowance is granted under this Act in consequence of the death of a member, or a former member of the police force, the allowance is payable as from the day that next succeeds the day of his or her death.

(4)

An annual superannuation allowance granted under section 10 to a former member of the police force who resigned or retired is, subject to this Act, payable as from—

(a)
the date the former member lodged the application for the allowance that was determined by STC certifying the matters referred to in section 10B(2)(c), or
(b)
such earlier date as STC may determine if STC is satisfied that there are exceptional circumstances that merit STC doing so.

s 9A: Ins 1974 No 46, sec 7 (b). Am 1979 No 133, Sch 1 (7); 1981 No 24, Sch 1 (7); 1996 No 39, Sch 4; 1999 No 86, Sch 2.3 [1]; 2006 No 53, Sch 1.2 [4]; 2024 No 82, Sch 2.13.

9BPreserved benefit(1)

A member of the police force who becomes entitled to a superannuation allowance under section 7 (Superannuation allowance except where member hurt on duty) or section 7AA (Superannuation allowance on early retirement) or a payment under section 17 (Refund of deductions) may elect to make provision instead for the benefit provided by this section.

(1A)

(Repealed)

(2)

Where any such election made by a member of the police force takes effect, the member is not entitled to any benefit under section 7 or 7AA or any payment under section 17.

(3)

The benefit provided by subsection (6), (6AA), (6AB) or (6AC), or by section 14M (1) (b), is payable by STC from the Fund—

(a)
when the former member—
- (i)
  has benefits preserved in the Fund under subsection (6), (6AA), (6AB) or (6AC) and has attained the age of 55 years, or
- (ii)
  has benefits preserved in the Fund under section 14M (1) (b),
and makes an application in writing for payment of the benefit, or
(b)
if the former member dies without making such an application, or
(c)
if it is a benefit provided by subsection (6), (6AA), (6AB) or (6AC)—on STC being satisfied that the former member is incapable, from an infirmity of body or mind, of being employed in any remunerative occupation in which, in the opinion of STC, it would otherwise be reasonable to expect the former member to engage, or
(d)
on STC being satisfied that the former member has attained the age of 65 years and is employed for less than 10 hours a week, or
(e)
on STC being satisfied that the former member has attained the age of 70 years and is employed for more than 10 but less than 30 hours a week, or
(f)
on STC being satisfied that the former member has retired from the work force.

(3A)

The benefit provided by subsection (6) or (6AA) is not payable under subsection (3) to a person who elected to provide for the benefit under section 5B unless the additional requirements of section 5B (5) (d) are satisfied.

(4)

Subject to subsection (3), the benefit provided by subsection (6), (6AA), (6AB) or (6AC) is payable—

(a)
except where the former member has died—to the former member,
(b)
if the former member has died and is survived by a spouse or de facto partner—to the spouse or de facto partner, or
(c)
if the former member has died but is not survived by a spouse or de facto partner—to the former member’s personal representatives or (if appropriate) in accordance with section 18B.

(5)

The benefit provided by subsection (9) is payable by STC from the Fund to the former member on the former member electing to take that benefit and the election taking effect—

(a)
after the election made under subsection (1) takes effect, and
(b)
before the benefit provided by subsection (6), (6AA), (6AB) or (6AC) becomes payable to, or in relation to, the former member.

(6)

Subject to subsection (6A), the benefit provided by this subsection is a gratuity that is the greater of the following 2 amounts—

(a)
the amount calculated by multiplying by 2.5 the amount that would have been payable under section 17 (Refund of deductions) if interest were not payable under that section,
(b)
the amount calculated in accordance with the following formula—
where—
L represents the gratuity payable.
E represents the lump sum that would have been payable if the former member had continued as a member of the police force until the age of 55 years at the same attributed salary of office, and had always worked as a full-time member of the police force and had wholly commuted the superannuation allowance otherwise payable to the former member.
S represents the total number of months of both full-time and part-time service that has been completed by the former member.
P represents the number of additional months of full-time service that the former member would have completed if the former member had continued as a full-time member of the police force until the age of 55 years.
A represents the age in years of the former member (including fractions of a year on a completed months’ basis) at the date the former member ceased to be a member.
ESR represents the equivalent service ratio of the member as at the date the former member ceased to be a member.

(6AA)

Subject to subsection (6A), the benefit provided by this subsection is, in the case of a former member of the police force who—

(a)
was an executive officer, and
(b)
elected to make provision for a benefit under this section in accordance with section 5B (1) (b), and
(c)
has attained the age of 55 years,

the lump sum benefit that would be payable if the former member—

(d)
had become entitled to the allowance prescribed by section 7 (1) or section 7AA (2) (whichever is applicable), and
(e)
had elected to commute the whole of the allowance in accordance with section 14J (3).

(6AB)

Subject to subsection (6A), the benefit provided by this subsection is payable to a former contributor who was entitled to a superannuation allowance under section 7 and who elected to make provision for a benefit under this section. The benefit is the lump sum benefit that would be payable if the former contributor had elected to commute the whole of the allowance under section 14J, and is to be adjusted from time to time at the rate fixed by STC under section 16 (1) of the State Authorities Superannuation Act 1987.

(6AC)

Subject to subsection (6A), the benefit provided by this subsection is payable to a former contributor who was entitled to a superannuation allowance under section 7AA and who elected to make provision for a benefit under this section. The benefit is the lump sum benefit that would be payable if the former contributor had elected to commute the whole of the allowance under section 14J, and is to be adjusted from time to time at the rate fixed by STC under section 16 (1) of the State Authorities Superannuation Act 1987.

(6A)

If STC has made a determination under section 14AA in relation to a benefit provided by subsection (6), (6AA), (6AB) or (6AC), the amount of the benefit is reduced by the amount specified in STC’s determination.

(7)

When a benefit becomes payable under subsection (6) the amount of the gratuity as determined under that subsection shall be adjusted in accordance with the following formula—

where—

L2 represents the amount of the gratuity as adjusted.

L1 represents the amount of the gratuity before it is adjusted.

A represents the index number in the Consumer Price Index (All Groups Index) for Sydney last published by the Australian Statistician before the date the gratuity becomes payable.

B represents the index number in the Consumer Price Index (All Groups Index) for Sydney last published by the Australian Statistician before the date the election of the member under subsection (1) took effect.

(7A)

Despite subsection (7), if the Australian Statistician changes the reference base for the Consumer Price Index (All Groups Index) for Sydney, then, for the purposes of the application of this section after the change takes place, regard is to be had only to Index numbers expressed in terms of the new reference base.

(8)

For the purposes of S in the formula in subsection (6) (b), if the total number of months of both full-time and part-time service is not a whole number of months, any part of a month is to be disregarded.

(8A)

For the purposes of P in the formula in subsection (6) (b), a part of a month of full-time service is to be disregarded.

(9)

The benefit provided by this subsection is a gratuity that is equal to the sum of—

(a)
the amount of the payment under section 17 that would have been payable to the former member when he or she ceased to be a member if the former member had not made the election under subsection (1), and
(b)
interest on the amount referred to in paragraph (a), from the date on which the former member ceased to be a member of the police force, at the rates fixed from time to time by STC under section 16 of the State Authorities Superannuation Act 1987.

(10)

An election under this section must be made in such form, and within such period, as may be specified by STC.

(11)

If the former member of the police force becomes entitled to a superannuation allowance under section 10—

(a)
before a gratuity is paid under this section—the gratuity ceases to be payable and the member shall be paid the superannuation allowance under section 10, or
(b)
after a gratuity is paid under this section—the amount of the gratuity shall be deducted from the superannuation allowance under section 10 in such instalments and at such times as STC may determine.

(12)

If a person becomes entitled to a superannuation allowance under section 12 as a consequence of the death of the former member of the police force—

(a)
before a gratuity becomes payable under this section—the gratuity ceases to be payable and the person shall be paid the superannuation allowance under section 12, or
(b)
after a gratuity is paid under this section—the amount of the gratuity shall be deducted from the superannuation allowance under section 12 in such instalments and at such times as STC may determine.

(13)

If, as a result of the invalidity of a former member of the police force, the former member becomes entitled to be paid a superannuation allowance under section 7, or a gratuity under section 14, before a gratuity is paid under this section, then—

(a)
a gratuity under this section ceases to be payable, and
(b)
STC must pay to or in respect of the former member such a superannuation allowance or, if the case requires, a gratuity under section 14.

(14)

If, as a result of the invalidity of a former member of the police force, the former member becomes entitled to be paid—

(a)
a superannuation allowance under section 7, or
(b)
a gratuity under section 14,

after a gratuity has been paid under this section, STC must deduct the amount of the gratuity paid under this section from that allowance or, as the case may be, from the gratuity under section 14, in such instalments and at such times as it may determine.

s 9B: Ins 1987 No 220, Sch 3 (3). Am 1988 No 134, Sch 1 (5); 1990 No 48, Sch 2; 1991 No 95, Sch 5 (7); 1992 No 35, Sch 1; 1992 No 57, Sch 1; 1993 No 111, Sch 2 (6); 1996 No 39, Sch 4; 1996 No 92, Sch 1.6 (4); 1997 No 42, Sch 1.4 [6]; 1998 No 72, Sch 1.2 [24]–[30]; 1999 No 86, Sch 1.3 [13]; 2006 No 53, Sch 1.2 [5] [6]; 2007 No 25, Sch 2 [14] [15].

9CPreservation of minimum benefits under superannuation guarantee legislation(1)

Despite any other provision of this Act, STC may, when a superannuation allowance or lump sum becomes payable under this Act, preserve all or part of so much of the allowance or lump sum as is employer-financed for the purpose of being consistent with a relevant Commonwealth superannuation standard. The amount of the allowance or lump sum to be preserved in respect of a former member of the police force for the purpose of this section is as determined by STC after obtaining actuarial advice.

(2)

The amount is to be preserved in the Fund together with interest from the member’s exit date to the date of payment at a rate determined by STC.

(3)

For the purpose of preserving a benefit under this section STC may commute to a lump sum so much of the superannuation allowance as is employer-financed, up to the amount determined by STC to be equal to the amount that is required to be preserved. The remainder of the superannuation allowance is to be dealt with as otherwise required or permitted by this Act.

(4)

A benefit preserved under this section is payable by STC on the death of the former member or in the circumstances in which it is specified in a relevant Commonwealth superannuation standard that a preserved benefit must or may be paid.

(5)

A benefit provided by subsection (4) is payable—

(a)
unless the former member has died—to the former member, or
(b)
if the former member has died and is survived by a spouse or de facto partner—to the surviving spouse or de facto partner, or
(c)
if the former member has died and is not survived by a spouse or de facto partner—to the personal representatives of the former member or, if appropriate, in accordance with section 18B (Payment without grant of probate etc).

s 9C: Ins 1992 No 102, Sch 2 (2). Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [7] [8].

10Superannuation allowance where member hurt on duty(1)

In this section—

attributed salary of office means—

(a)
in relation to a member of the police force who is discharged—the member’s attributed salary of office at the date of the member’s discharge, or
(b)
in relation to a former member of the police force who resigned or retired—the member’s attributed salary of office at the date of the member’s resignation or retirement.

disabled member of the police force means—

(a)
a member of the police force who is discharged after being certified, pursuant to section 10B (1), to be incapable, from a specified infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990, or
(b)
a former member of the police force who resigned or retired and who, according to a certificate given pursuant to section 10B (2) at any time after the member’s resignation or retirement, was incapable, from an infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990 at the time of the member’s resignation or retirement,

that infirmity being determined, pursuant to section 10B (3) or on appeal, to have been caused by the member being hurt on duty or the former member having been hurt on duty when he or she was a member of the police force, as the case may be.

retired includes discharged as referred to in section 7 or 14.

(1A)

Subject to this section, the annual superannuation allowance for a disabled member of the police force is—

(a)
an amount that is equal to 72.75 per cent of the member’s attributed salary of office,
(b)
except where paragraph (c) applies, an additional amount that is—
- (i)
  not more than 12.25 per cent of the member’s attributed salary of office, and
- (ii)
  commensurate, in the opinion of STC, with the member’s incapacity for work outside the police force, and
(c)
if the disabled member is totally incapacitated for work outside the police force and, in the opinion of STC, the member was hurt on duty because the member was required to be exposed to risks to which members of the general workforce would normally not be required to be exposed in the course of their employment, an additional amount that is—
- (i)
  not less than 12.25 per cent and not more than 27.25 per cent of the member’s attributed salary of office, and
- (ii)
  commensurate, in the opinion of STC, with the risks to which the member was so required to be exposed,

Date of commencement of Sch 3, except Sch 3 [3], assent, sec 2 (1); date of commencement of Sch 3 [3], 10.8.2001, sec 2 (2) and GG No 122 of 10.8.2001, p 5861.
No 114	Superannuation Legislation Amendment (Same Sex Partners) Act 2000. Assented to 20.12.2000. Date of commencement, 19.1.2001, sec 2 and GG No 20 of 19.1.2001, p 132.
2002	No 23	Compensation Court Repeal Act 2002. Assented to 21.6.2002. Date of commencement of Sch 1.6, 1.1.2004, sec 2 (2).
No 51	Police Service Amendment (NSW Police) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 2.12, 12.7.2002, sec 2 (1) and GG No 116 of 12.7.2002, p 5226.
No 110	Superannuation Legislation Amendment Act 2002. Assented to 29.11.2002. Date of commencement of Sch 5, assent, sec 2 (1).
No 111	Superannuation Legislation Further Amendment Act 2002. Assented to 29.11.2002. Date of commencement, assent, sec 2.
2003	No 77	Superannuation Legislation Amendment (Family Law) Act 2003. Assented to 25.11.2003. Date of commencement of Sch 7, 19.12.2008, sec 2 (2) and GG No 158 of 19.12.2008, p 12310. The amendment made by Sch 7 [2] was without effect as the provision being inserted was inserted by the Police Superannuation Legislation Amendment Act 2007 No 25.
2004	No 55	Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 2.30, assent, sec 2 (2).
No 91	Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 2.64, assent, sec 2 (2).
2005	No 52	Superannuation Legislation Amendment Act 2005. Assented to 27.6.2005. Date of commencement, 8.7.2005, sec 2 and GG No 86 of 8.7.2005, p 3574.
No 85	Public Sector Employment and Management Amendment (Extended Leave) Act 2005. Assented to 17.11.2005. Date of commencement, 1.1.2006, sec 2 and GG No 164 of 23.12.2005, p 11224.
No 91	First State Superannuation Legislation Amendment (Conversion) Act 2005. Assented to 24.11.2005. Date of commencement of Sch 3.6, Sch 3.6 [7] excepted, 1.5.2006, sec 2 (1) and GG No 58 of 28.4.2006, p 2366; date of commencement of Sch 3.6 [7], 19.12.2008, sec 2 (4) and GG No 158 of 19.12.2008, p 12310.
2006	No 53	Superannuation Legislation Amendment Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1.2, 30.6.2006, sec 2 and GG No 84 of 30.6.2006, p 4791.
No 94	Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.26, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575.
2007	No 25	Police Superannuation Legislation Amendment Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2.
No 82	Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 4, assent, sec 2 (1).
2008	No 28	Superannuation Administration Amendment Act 2008. Assented to 11.6.2008. Date of commencement, assent, sec 2.
No 75	Succession Amendment (Family Provision) Act 2008. Assented to 28.10.2008. Date of commencement of Sch 2.8, 1.3.2009, sec 2 (1) and GG No 38 of 20.2.2009, p 1036.
No 114	Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 1.18, 19.12.2008, Sch 1.18 and GG No 158 of 19.12.2008, p 12310.
2009	No 49	NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009.
2010	No 19	Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2).
No 60	Superannuation Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1, 8.10.2010, sec 2 and 2010 (572) LW 8.10.2010.
No 113	Police Regulation (Superannuation) Amendment Act 2010. Assented to 29.11.2010. Date of commencement, assent, sec 2.
2015	No 19	State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 15.13, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015.
No 58	Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3).
2018	No 28	Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2.
2020	No 21	Superannuation Legislation Amendment Act 2020. Assented to 23.9.2020. Date of commencement, assent, sec 2.
2022	No 29	Treasury Legislation Amendment (Miscellaneous) Act 2022. Assented to 27.6.2022. Date of commencement, 1.7.2022, sec 2.
2024	No 82	Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 2.13, assent, sec 2(b).

This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 19.6.1975, and published in GG No 88 of 27.6.1975, p 2504, declaring that the Police Regulation (Superannuation) Act 1906 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.

Table of amendments

No reference is made to certain amendments made by the Reprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act 1995.

Part 1, heading	Ins 1974 No 101, sec 3 (a).
Sec 1, heading	Rep 1974 No 101, sec 3 (a).
Sec 1	Am 1927 No 23, sec 3; 1974 No 46, sec 9 (a); 1978 No 174, Sch 2 (1); 1979 No 133, Sch 1 (1); 1984 No 73, Sch 1 (1); 1984 No 93, Sch 1, Part 1; 1987 No 81, Sch 1 (1); 1987 No 220, Sch 2 (1); 1988 No 134, Sch 1 (1); 1990 No 48, Sch 2; 1991 No 95, Sch 5 (1); 1992 No 35, Sch 3; 1992 No 102, Sch 2 (1); 1993 No 42, Sch 2; 1993 No 111, Sch 2 (1); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [1] [2]; 1997 No 149, Sch 1.3 [1]; 1998 No 72, Sch 1.2 [1] [2]; 1999 No 6, Sch 1.3 [1]; 1999 No 86, Sch 1.3 [1]–[3]; 2000 No 100, Sch 3 [1]; 2000 No 114, Sch 1.3 [1] [2]; 2003 No 77, Sch 7 [1]; 2005 No 85, Sch 2.3 [1]; 2005 No 91, Sch 3.6 [1]; 2007 No 25, Sch 2 [1]–[3]; 2010 No 19, Sch 3.77 [1]; 2015 No 58, Sch 3.71 [1]; 2018 No 28, Sch 1.28 [1]; 2022 No 29, Sch 2.5[1] [2].
Sec 1AA	Ins 1990 No 48, Sch 2. Subst 1993 No 42, Sch 2. Am 1993 No 111, Sch 2 (2); 1996 No 39, Sch 4; 1998 No 72, Sch 1.2 [3]; 1999 No 86, Sch 1.3 [4]; 2005 No 52, Sch 3 [1]; 2007 No 25, Sch 2 [4]; 2015 No 58, Sch 3.71 [2].
Sec 1A	Ins 1974 No 101, sec 3 (b). Am 1978 No 174, Sch 1 (1); 1979 No 133, Schs 1 (2), 2 (1); 1980 No 115, sec 3 (a); 1981 No 24, Sch 1 (1); 1984 No 73, Sch 1 (2). Subst 1987 No 220, Sch 1. Am 1991 No 94, Sch 1; 1992 No 111, Sch 1.
Sec 1B	Ins 1984 No 83, sec 3. Rep 1990 No 48, Sch 2.
Sec 2	Am 1984 No 73, Sch 1 (3). Rep 1990 No 48, Sch 2.
Part 2, heading	Ins 1974 No 101, sec 3 (c). Rep 1987 No 220, Sch 2 (2).
Part 2	Rep 1987 No 220, Sch 2 (2).
Sec 2A, heading	Ins 1974 No 46, sec 9 (b). Rep 1974 No 101, sec 3 (c).
Sec 2A	Ins 1974 No 46, sec 9 (b). Am 1979 No 133, Sch 1 (3); 1984 No 73, Sch 1 (4) (5); 1984 No 93, Sch 1, Part 1; 1987 No 48, Sch 31. Rep 1987 No 220, Sch 2 (2).
Sec 2B	Ins 1974 No 46, sec 9 (b). Rep 1987 No 220, Sch 2 (2).
Sec 2C	Ins 1974 No 46, sec 9 (b). Am 1984 No 73, Sch 1 (4). Rep 1987 No 220, Sch 2 (2).
Sec 2D	Ins 1974 No 46, sec 9 (b). Am 1979 No 133, Sch 1 (4); 1984 No 93, Sch 1, Part 1. Rep 1987 No 220, Sch 2 (2).
Sec 2E	Ins 1974 No 46, sec 9 (b). Rep 1987 No 220, Sch 2 (2).
Sec 2F	Ins 1974 No 46, sec 9 (b). Am 1981 No 24, Sch 1 (2). Subst 1984 No 73, Sch 1 (6). Am 1987 No 81, Sch 1 (2). Rep 1987 No 220, Sch 2 (2).
Sec 2G	Ins 1974 No 46, sec 9 (b). Rep 1987 No 220, Sch 2 (2).
Part 2A	Ins 1987 No 220, Sch 2 (3).
Sec 2H	Ins 1987 No 220, Sch 2 (3). Am 1988 No 132, Sch 2; 1989 No 121, Sch 1; 1992 No 57, Sch 1; 1996 No 39, Sch 4; 2004 No 55, Sch 2.30; 2015 No 19, Sch 15.13.
Sec 2I	Ins 1987 No 220, Sch 2 (3). Am 1990 No 48, Sch 2; 1996 No 39, Sch 4; 2007 No 25, Sch 2 [5] [6].
Sec 2J	Ins 1987 No 220, Sch 2 (3). Am 1996 No 39, Sch 4.
Part 3, heading	Ins 1974 No 101, sec 3 (d).
Sec 3, heading	Subst 1974 No 46, sec 9 (c). Rep 1974 No 101, sec 3 (d).
Sec 3	Am 1935 No 13, sec 6 (b). Subst 1974 No 46, sec 9 (c). Am 1984 No 73, Sch 1 (7); 1988 No 134, Sch 1 (2); 1991 No 96, Sch 6; 1996 No 39, Sch 4; 1997 No 149, Sch 1.3 [2] [3]; 2003 No 77, Sch 7 [3] [4].
Sec 4	Subst 1974 No 46, sec 9 (d). Am 1998 No 144, Sch 1.2 [1]; 1999 No 6, Sch 1.3 [2].
Sec 5	Subst 1974 No 46, sec 9 (e); 1981 No 24, Sch 1 (3). Am 1984 No 73, Sch 1 (8); 1991 No 94, Sch 1; 1992 No 35, Sch 1; 1997 No 149, Sch 1.3 [4].
Sec 5AA	Ins 1996 No 39, Sch 4. Am 1996 No 121, Sch 1.15.
Sec 5A	Ins 1984 No 73, Sch 1 (9). Am 1993 No 111, Sch 2 (3); 1996 No 39, Sch 4; 1998 No 72, Sch 1.2 [4].
Sec 5AB	Ins 1993 No 111, Sch 2 (4). Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [3].
Sec 5AC	Ins 1997 No 149, Sch 1.3 [5].
Sec 5AD	Ins 2007 No 25, Sch 2 [7].
Part 3A	Ins 1990 No 48, Sch 2.
Sec 5B	Ins 1990 No 48, Sch 2. Am 1991 No 95, Sch 5 (6); 1996 No 39, Sch 4; 1996 No 92, Sch 1.6 (1)–(3); 1998 No 72, Sch 1.2 [5]–[7]; 1999 No 86, Sch 1.3 [5]–[11]; 2005 No 91, Sch 3.6 [2]–[6]; 2006 No 53, Sch 1.2 [1]; 2007 No 25, Sch 2 [8]–[11]; 2022 No 29, Sch 2.5[3].
Part 3B	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].
Sec 5C	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3]. Am 2022 No 29, Sch 2.5[3].
Sec 5D	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3]. Am 2022 No 29, Sch 2.5[3] [4].
Sec 5E	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].
Sec 5F	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].
Sec 5G	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].
Sec 5H	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].
Sec 5I	Ins 1998 No 144, Sch 1.2 [2]. Subst 1999 No 6, Sch 1.3 [3].
Sec 5J	Ins 1999 No 6, Sch 1.3 [3]. Am 2022 No 29, Sch 2.5[5].
Sec 5K	Ins 1999 No 6, Sch 1.3 [3].
Sec 5L	Ins 1999 No 6, Sch 1.3 [3].
Part 4, heading	Ins 1974 No 101, sec 3 (e).
Part 4, Div 1, heading	Ins 1974 No 101, sec 3 (e).
Sec 6	Rep 1974 No 46, sec 9 (f). Ins 1998 No 72, Sch 1.2 [8].
Sec 7, heading	Rep 1974 No 101, sec 3 (e).
Sec 7	Am 1951 No 49, sec 2 (a); 1955 No 35, sec 2 (a); 1960 No 57, sec 2 (2) (a); 1966 No 5, sec 2 (a); 1973 No 5, sec 3 (a). Subst 1974 No 46, sec 7 (a). Am 1979 No 133, Sch 1 (5); 1984 No 73, Sch 1 (10); 1985 No 211, Sch 1 (1); 1988 No 134, Sch 1 (3); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [4]; 1998 No 72, Sch 1.2 [9] [10]; 2007 No 25, Sch 2 [12].
Sec 7AA	Ins 1981 No 24, Sch 1 (4). Am 1981 No 121, Sch 1; 1984 No 73, Sch 1 (11); 1985 No 211, Sch 1 (2); 1987 No 220, Sch 3 (1); 1988 No 134, Sch 1 (4); 1990 No 48, Sch 2; 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [5]; 1998 No 72, Sch 1.2 [11]–[15].
Sec 7A	Ins 1970 No 51, sec 2 (a). Am 1978 No 174, Sch 2 (2); 1979 No 133, Sch 2 (2); 1981 No 24, Sch 1 (5); 1984 No 73, Sch 1 (12); 2010 No 19, Sch 3.77 [2].
Sec 8	Subst 1973 No 27, sec 2. Am 1978 No 174, Sch 2 (3); 1979 No 133, Sch 1 (6); 1984 No 73, Sch 1 (13); 1987 No 220, Sch 4 (1); 1996 No 39, Sch 4; 2006 No 53, Sch 1.2 [2]; 2007 No 25, Sch 2 [13].
Sec 8A	Ins 1987 No 220, Sch 3 (2). Am 1990 No 48, Sch 2; 1993 No 111, Sch 2 (5); 1997 No 149, Sch 1.3 [6]; 1998 No 72, Sch 1.2 [16]–[23]; 1999 No 86, Sch 1.3 [12]; 2002 No 111, Sch 2 [1] [2]; 2006 No 53, Sch 1.2 [3].
Sec 9	Am 1935 No 13, sec 7 (1); 1971 No 57, sec 4; 1978 No 174, Sch 2 (4); 1979 No 133, Sch 2 (3). Rep 1981 No 24, Sch 1 (6).
Sec 9A	Ins 1974 No 46, sec 7 (b). Am 1979 No 133, Sch 1 (7); 1981 No 24, Sch 1 (7); 1996 No 39, Sch 4; 1999 No 86, Sch 2.3 [1]; 2006 No 53, Sch 1.2 [4]; 2024 No 82, Sch 2.13.
Sec 9B	Ins 1987 No 220, Sch 3 (3). Am 1988 No 134, Sch 1 (5); 1990 No 48, Sch 2; 1991 No 95, Sch 5 (7); 1992 No 35, Sch 1; 1992 No 57, Sch 1; 1993 No 111, Sch 2 (6); 1996 No 39, Sch 4; 1996 No 92, Sch 1.6 (4); 1997 No 42, Sch 1.4 [6]; 1998 No 72, Sch 1.2 [24]–[30]; 1999 No 86, Sch 1.3 [13]; 2006 No 53, Sch 1.2 [5] [6]; 2007 No 25, Sch 2 [14] [15].
Sec 9C	Ins 1992 No 102, Sch 2 (2). Am 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [7] [8].
Sec 10	Am 1944 No 1, sec 2 (a); 1951 No 49, sec 2 (b); 1955 No 35, sec 2 (b); 1958 No 2, sec 2 (a); 1960 No 57, sec 2 (2) (b); 1966 No 5, sec 2 (b); 1970 No 51, sec 2 (b); 1973 No 5, sec 3 (b); 1974 No 46, sec 9 (g); 1978 No 174, Sch 2 (5); 1979 No 133, Schs 1 (8), 2 (4); 1981 No 24, Sch 1 (8); 1984 No 73, Sch 1 (14); 1987 No 81, Sch 1 (3); 1987 No 220, Schs 3 (4), 4 (2); 1988 No 134, Sch 1 (6); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [9]; 1998 No 72, Sch 1.2 [31]–[33]; 2004 No 91, Sch 2.64 [1] [2]; 2006 No 53, Sch 1.2 [7]–[10]; 2007 No 25, Sch 2 [16].
Sec 10A	Ins 1944 No 1, sec 2 (b). Am 1958 No 2, sec 2 (b); 1978 No 174, Sch 2 (6). Rep 1979 No 133, Sch 1 (9). Ins 2006 No 53, Sch 1.2 [11].
Sec 10B	Ins 1979 No 133, Sch 1 (10). Am 1984 No 73, Sch 1 (15); 1987 No 220, Sch 4 (3); 1992 No 35, Sch 2; 1993 No 111, Sch 2 (7); 1996 No 39, Sch 4; 2006 No 53, Sch 1.2 [12]–[15]; 2007 No 25, Sch 2 [17].
Sec 10C	Ins 1979 No 133, Sch 1 (10). Am 1987 No 81, Sch 1 (4); 1987 No 220, Sch 3 (5); 1996 No 39, Sch 4; 2006 No 53, Sch 1.2 [16].
Sec 11	Am 1935 No 13, sec 6 (c); 1964 No 64, sec 3 (a); 1966 No 18, sec 2 (a). Rep 1974 No 46, sec 9 (h). Ins 1988 No 134, Sch 1 (7). Am 2006 No 53, Sch 1.2 [17] [18].
Sec 11AA	Ins 1997 No 42, Sch 1.4 [10]. Am 2006 No 53, Sch 1.2 [19] [20].
Sec 11A	Ins 1966 No 18, sec 2 (b). Am 1973 No 5, sec 3 (c); 1974 No 46, sec 9 (i); 1974 No 101, sec 3 (f); 1979 No 133, Sch 2 (5); 1981 No 24, Sch 1 (9); 1984 No 73, Sch 1 (16); 1987 No 220, Sch 3 (6); 1988 No 134, Sch 1 (8).
Sec 11B	Ins 1970 No 51, sec 2 (c). Am 1974 No 46, sec 5; 1974 No 101, sec 3 (g); 1978 No 174, Schs 1 (2), 2 (7); 1981 No 24, Sch 1 (10); 1984 No 73, Sch 1 (17); 1988 No 134, Sch 1 (9).
Sec 11C	Ins 1984 No 73, Sch 1 (18). Am 1987 No 220, Sch 3 (7); 1988 No 134, Sch 1 (10); 1996 No 39, Sch 4; 1996 No 92, Sch 1.6 (5) (6).
Sec 11D	Ins 2002 No 110, Sch 5 [1]. Am 2006 No 53, Sch 1.2 [21] [22].
Sec 12	Am 1935 No 13, sec 6 (d); 1941 No 15, sec 2; 1944 No 1, sec 2 (c); 1958 No 2, sec 2 (c); 1964 No 64, sec 3 (d); 1974 No 46, sec 9 (j); 1978 No 174, Sch 2 (8); 1979 No 133, Sch 1 (11); 1981 No 24, Sch 1 (11); 1984 No 73, Sch 1 (19); 1987 No 81, Sch 1 (5); 1987 No 220, Sch 3 (8); 1988 No 134, Sch 1 (11); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [11]; 1998 No 72, Sch 1.2 [34]–[37]; 2006 No 53, Sch 1.2 [23] [24].
Sec 12A	Ins 1974 No 46, sec 9 (k). Am 1979 No 133, Sch 1 (12); 1981 No 24, Sch 1 (12); 1987 No 81, Sch 1 (6); 1987 No 220, Sch 3 (9); 1993 No 111, Sch 2 (8); 1996 No 39, Sch 4; 2000 No 114, Sch 1.3 [6]; 2006 No 53, Sch 1.2 [25].
Sec 12B	Ins 1979 No 133, Sch 1 (13). Am 1981 No 24, Sch 1 (13); 1987 No 81, Sch 1 (7); 1996 No 39, Sch 4.
Sec 12C	Ins 1979 No 133, Sch 1 (13). Subst 1992 No 35, Sch 2. Am 1996 No 39, Sch 4.
Sec 12D	Ins 1979 No 133, Sch 1 (13). Am 1987 No 81, Sch 1 (8); 1992 No 35, Sch 2; 1996 No 39, Sch 4; 2005 No 52, Sch 3 [2] [3]; 2007 No 25, Sch 2 [18].
Sec 12E	Ins 1979 No 133, Sch 1 (13). Am 1981 No 24, Sch 1 (14); 1992 No 57, Sch 1; 1996 No 39, Sch 4; 1998 No 120, Sch 2.27; 2000 No 100, Sch 3 [2].
Secs 12F–12H	Ins 2000 No 100, Sch 3 [3].
Sec 13	Subst 1925 No 17, sec 2. Am 1935 No 13, sec 6 (e); 1964 No 64, sec 3 (c); 1974 No 46, sec 9 (l); 1979 No 133, Sch 1 (14). Subst 1981 No 24, Sch 1 (15). Am 1984 No 73, Sch 1 (20). Subst 1987 No 220, Sch 3 (10). Am 1988 No 134, Sch 1 (12); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [12]; 1998 No 72, Sch 1.2 [38]–[42].
Sec 13A	Ins 1984 No 73, Sch 1 (21). Subst 1987 No 220, Sch 3 (11).
Sec 14	Am 1979 No 133, Sch 1 (15). Subst 1981 No 24, Sch 1 (16). Am 1984 No 73, Sch 1 (22); 1988 No 134, Sch 1 (13); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [13], 1998 No 72, Sch 1.2 [43] [44]; 2007 No 25, Sch 2 [19].
Part 4, Div 1A	Ins 1988 No 134, Sch 1 (14).
Sec 14AA	Ins 1988 No 134, Sch 1 (14). Am 1991 No 95, Sch 5 (2); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [14]; 1997 No 149, Sch 1.3 [7] [8]; 2000 No 53, Sch 1.20; 2000 No 100, Sch 3 [4]; 2002 No 110, Sch 5 [2] [3].
Sec 14AAA	Ins 2005 No 52, Sch 3 [4]. Am 2010 No 60, Sch 1 [1] [2].
Sec 14AB	Ins 1988 No 134, Sch 1 (15). Am 1991 No 95, Sch 5 (3); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [15]–[21]; 2010 No 60, Sch 1 [3].
Sec 14AC	Ins 1991 No 95, Sch 5 (4). Am 1996 No 39, Sch 4. Rep 1997 No 42, Sch 1.4 [22]. Ins 1997 No 149, Sch 1.3 [9]. Am 2010 No 60, Sch 1 [4].
Sec 14AD	Ins 2010 No 60, Sch 1 [5].
Part 4, Div 2	Ins 1974 No 101, sec 3 (h).
Sec 14A	Ins 1974 No 101, sec 3 (h). Am 1978 No 174, Schs 1 (3), 2 (9); 1979 No 133, Sch 1 (16); 1992 No 35, Sch 3.
Sec 14B	Ins 1974 No 101, sec 3 (h). Am 1992 No 35, Sch 3; 2000 No 100, Sch 3 [5]; 2020 No 21, Sch 1.3.
Sec 14C	Ins 1974 No 101, sec 3 (h). Am 1979 No 133, Sch 1 (17); 1980 No 115, sec 3 (b); 1981 No 24, Sch 1 (17); 1987 No 81, Sch 1 (9).
Sec 14D	Ins 1974 No 101, sec 3 (h). Am 1979 No 133, Sch 1 (18); 1981 No 24, Sch 1 (17); 1987 No 81, Sch 1 (10).
Sec 14E	Ins 1974 No 101, sec 3 (h). Rep 1979 No 133, Sch 2 (6).
Sec 14F	Ins 1974 No 101, sec 3 (h).
Sec 14G	Ins 1974 No 101, sec 3 (h). Am 1993 No 111, Sch 2 (9).
Sec 14H	Ins 1974 No 101, sec 3 (h).
Part 4, Div 3	Ins 1987 No 220, Sch 3 (12).
Sec 14I	Ins 1987 No 220, Sch 3 (12). Am 1998 No 72, Sch 1.2 [45]; 2007 No 25, Sch 2 [20].
Sec 14J	Ins 1987 No 220, Sch 3 (12). Am 1988 No 134, Sch 1 (16); 1991 No 95, Sch 5 (8); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [23]; 1998 No 72, Sch 1.2 [46] [47]; 2006 No 53, Sch 1.2 [26]–[30].
Sec 14K	Ins 1987 No 220, Sch 3 (12). Am 1988 No 134, Sch 1 (17); 1991 No 95, Sch 5 (9); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [24]. Subst 2006 No 53, Sch 1.2 [31].
Sec 14L	Ins 1987 No 220, Sch 3 (12). Am 1996 No 39, Sch 4; 2007 No 25, Sch 2 [21].
Part 4, Div 4	Ins 1992 No 35, Sch 1.
Sec 14M	Ins 1992 No 35, Sch 1. Am 1993 No 42, Sch 4; 1996 No 39, Sch 4; 1997 No 149, Sch 1.3 [10]–[12].
Part 4A	Ins 2003 No 77, Sch 7 [5].
Sec 14N	Ins 2003 No 77, Sch 7 [5]. Am 2022 No 29, Sch 2.5[3].
Sec 14O	Ins 2003 No 77, Sch 7 [5].
Sec 14P	Ins 2003 No 77, Sch 7 [5]. Am 2005 No 91, Sch 3.6 [7]; 2008 No 114, Sch 1.18; 2022 No 29, Sch 2.5[3] [4].
Secs 14Q, 14R	Ins 2003 No 77, Sch 7 [5].
Part 5, heading	Ins 1974 No 101, sec 3 (i).
Sec 15	Rep 1981 No 24, Sch 1 (18). Ins 1992 No 102, Sch 2 (3). Am 1996 No 39, Sch 4.
Sec 15AA	Ins 1992 No 102, Sch 2 (3). Am 1996 No 39, Sch 4.
Sec 15A	Ins 1984 No 73, Sch 1 (23).
Sec 15B	Ins 2010 No 113, Sch 1.
Sec 16	Ins 1935 No 13, sec 6 (a). Am 1974 No 46, sec 9 (m); 1984 No 73, Sch 1 (24). Subst 1987 No 220, Sch 4 (4). Am 1996 No 39, Sch 4.
Sec 16A	Ins 2000 No 100, Sch 3 [6].
Sec 17	Ins 1974 No 46, sec 9 (n). Am 1979 No 133, Sch 1 (19); 1984 No 73, Sch 1 (25); 1986 No 16, Sch 23; 1988 No 134, Sch 1 (18); 1991 No 17, Sch 1; 1991 No 95, Sch 5 (10); 1996 No 39, Sch 4; 1999 No 86, Sch 2.3 [2].
Sec 17A	Ins 1993 No 111, Sch 2 (10). Am 1996 No 39, Sch 4.
Sec 18	Ins 1974 No 101, sec 3 (j). Am 2003 No 77, Sch 7 [6].
Sec 18A	Ins 1984 No 73, Sch 1 (26). Am 1993 No 111, Sch 2 (11); 1996 No 39, Sch 4; 2003 No 77, Sch 7 [7].
Sec 18B	Ins 1987 No 220, Sch 4 (5). Am 1996 No 39, Sch 4; 2008 No 75, Sch 2.8.
Sec 18C	Ins 1992 No 35, Sch 2. Am 1996 No 39, Sch 4.
Sec 18D	Ins 1993 No 42, Sch 4. Am 1996 No 39, Sch 4.
Sec 19	Ins 1978 No 174, Sch 1 (4).
Sec 19A	Ins 1987 No 220, Sch 4 (6).
Sec 20	Ins 1979 No 133, Sch 2 (7). Am 1984 No 73, Sch 1 (27); 1996 No 39, Sch 4; 2018 No 28, Sch 1.28 [2].
Sec 20A	Ins 1986 No 129, Sch 1. Rep 1987 No 220, Sch 4 (7). Ins 1997 No 149, Sch 1.3 [13].
Sec 20B	Ins 1986 No 129, Sch 1. Am 1987 No 81, Sch 1 (11). Rep 1987 No 220, Sch 4 (7). Ins 1997 No 149, Sch 1.3 [13].
Sec 21	Ins 1979 No 133, Sch 1 (20). Am 1984 No 73, Sch 1 (28); 1984 No 93, Sch 1, Part 1; 1987 No 81, Sch 1 (12); 1992 No 35, Sch 2; 1996 No 39, Sch 4; 2002 No 23, Sch 1.6 [1] [2]; 2006 No 53, Sch 1.2 [32].
Sec 22	Ins 1980 No 115, sec 3 (c).
Sec 22A	Ins 1990 No 48, Sch 2.
Sec 23	Ins 1981 No 24, Sch 1 (19). Am 1984 No 73, Sch 1 (29). Subst 1988 No 134, Sch 1 (19). Am 1996 No 39, Sch 4; 2018 No 28, Sch 1.28 [2].
Sec 23A	Ins 1991 No 95, Sch 5 (5). Subst 1993 No 111, Sch 2 (12). Am 1996 No 39, Sch 4. Subst 1997 No 42, Sch 1.4 [25].
Sec 23B	Ins 1991 No 95, Sch 5 (5). Am 1993 No 111, Sch 2 (13); 1996 No 39, Sch 4; 1997 No 42, Sch 1.4 [26]; 1999 No 86, Sch 2.3 [3] [4].
Sec 23C	Ins 1992 No 35, Sch 2. Am 1996 No 39, Sch 4.
Sec 23D	Ins 2006 No 53, Sch 1.2 [33].
Sec 23E	Ins 2008 No 28, Sch 2.1.
Sec 24	Ins 1984 No 73, Sch 1 (30). Am 1987 No 48, Sch 32; 1992 No 112, Sch 1.
Sec 25	Ins 1993 No 111, Sch 2 (14).
Sch 1	Ins 1978 No 174, Sch 1 (5). Am 1979 No 133, Sch 2 (8); 1980 No 115, sec 3 (d); 1986 No 218, Sch 47.
Sch 2	Ins 1980 No 115, sec 3 (e). Am 1981 No 24, Sch 1 (20).
Sch 3, heading	Am 1998 No 72, Sch 1.2 [48].
Sch 3	Ins 1981 No 24, Sch 1 (21). Subst 1987 No 220, Sch 3 (13). Am 1988 No 134, Sch 2; 1998 No 72, Sch 1.2 [49]; 2006 No 53, Sch 1.2 [34].

Sch 4	Ins 1987 No 220, Sch 2 (4). Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2009 No 49, Sch 2.45; 2015 No 58, Sch 3.71 [3].
Sch 5	Ins 1990 No 48, Sch 2.
Sch 6	Ins 1993 No 111, Sch 2 (15). Am 1997 No 42, Sch 1.4 [27]; 1997 No 149, Sch 1.3 [14] [15]; 1998 No 72, Sch 1.2 [50] [51]; 1999 No 6, Sch 1.3 [4] [5]; 1999 No 86, Sch 2.3 [5]; 2000 No 100, Sch 3 [7]–[9]; 2000 No 114, Sch 1.3 [7] [8]; 2002 No 110, Sch 5 [4]; 2002 No 111, Sch 2 [3]; 2003 No 77, Sch 7 [8]; 2005 No 52, Sch 3 [5] [6]; 2005 No 85, Sch 2.3 [2]; 2006 No 53, Sch 1.2 [35] [36]; 2007 No 25, Sch 2 [22] [23]; 2007 No 82, Sch 4.15; 2010 No 19, Sch 3.77 [3] [4]; 2010 No 60, Sch 1 [6].
The whole Act (except sec 1 and Sch 6)	Am 2000 No 114, Sch 1.3 [3] (“or de facto partner” inserted after “spouse” wherever occurring).
The whole Act (except sec 1 and Sch 6)	Am 2000 No 114, Sch 1.3 [4] (“or de facto partners’” inserted after “spouses’” wherever occurring).
The whole Act (except sec 1 and Sch 6)	Am 2000 No 114, Sch 1.3 [5] (“or de facto partners” inserted after “spouses” wherever occurring).
The whole Act	Am 2002 No 51, Sch 2.12 (“the Police Service”, “the police service” and “the Police Service Act 1990” omitted wherever occurring, “NSW Police”, “NSW Police” and “the Police Act 1990” inserted instead, respectively); 2006 No 94, Sch 3.26 (“NSW Police” omitted wherever occurring, “the NSW Police Force” inserted instead).