Police Regulation (Superannuation and Appeals) Amendment Act 1973 (NSW)

POUCE REGUUTION (SUPERANNUATION AND

APPEALS) AMENDMENT A a .

Heto ôuti) ISialeiei

ANNO VICESIMO SECUNDO

ELIZABETHS H BEGINS

Act No. 27, 1973.

An Act to regulate the payment of certain gratuities and superannuation allowances payable to certain members of the police force on retirement; to provide certain rights of appeal from decisions of the Commissioner of Police; for these and other purposes to amend the Police Regulation (Super­ annuation) Act, 1906, the Police Regulation (Appeals) Act, 1923; and for purposes connected

therewith. [Assented to, 2nd May, 1973,]

BE

Police Regulation (Superannuation and Appeals) Amendment.

No, 27, 1973 "DE it enacted by the Queen’s Most Excellent Majesty, by

-D and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the “Police Regulation

(Superannuation and Appeals) Amendment Act, 1973”.

Amendment	2. The Police Regulation (Superannuation) Act, 1906,
28 *̂90?°’	amended by omitting section 8 and by inserting instead the

Subst.	following section :—
sec. 8.

Retirement	8. (1) A superannuation allowance or gratuity shall
under age

of 60 years.

not be granted or paid under section 7, 10 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 his discharge is under the age of sixty years,

unless two medical practitioners appointed by the Governor for the purpose have certified the member to be incapable, from infirmity of body or mind, of discharging the duties of his ofiice.

(2) Where a member of the police force is dis­ charged by reason of the infirmity to which a certificate referred to in subsection (1) relates the Commissioner shall—

(a)	decide whether or not the infirmity to which the certificate relates was occasioned by a wound or injury referred to in subsection (1) of section 10; and
(b)	notify the person to whom the certificate relates of that decision.

Police Regulation {Superannuation and Appeals) Amendment,

3. The Police Regulation (Appeals) Act, 1923, is ^o. 27, 1973

amended by omitting section 6 (1) and by inserting instead ̂ ——

the following subsection :— of Act No.

33, 1923.

Sec. 6.

(1) Where the Commissioner decides— (Appeal to

' ̂ Board and procedure

, (a) to grant or refuse promotion to a member of the thereon.) police force;

(b) to punish a member of the police force—^

(i) by imposing a fine;

(ii) by a reduction in rank or pay; or

(iii)   by suspension, dismissal, discharge or transfer;

(c)

to grant or refuse leave of absence on full pay to a member of the police force during any period of absence occasioned by a wound or injury received in the same circumstances as those in which subsection (1) of section 10 of the Police Regulation (Superannuation) Act, 1906, would authorise the payment or grant of a gratuity or superannuation allowance to the member if he were disabled by the wound or injury; or

(d)

in the case of a person who was discharged from the police force while under the age of sixty years by reason of his being duly certified, as provided by subsection (1) of section 8 of the Police Regulation (Superannuation) Act, 1906, to be incapable, from infirmity of body or mind, of discharging the duties of his ofiice—that the infirmity was not occasioned by a wound or injury referred to in subsection (1) of section 10 of the PoUce Regulation (Superannuation) Act, 1906,

that member or person may appeal to the Board against

the decision of the Commissioner.

Police Regulation {Superannuation and Appeals) Amendment.

No. 27, 1973 4 . A member of the police force may appeal to the

-—7 Board against a decision of the Gammissioner of the

apped° nature referred to in section 6 (1) (c) of the Police Regula-

against tion (Appeals) Act, 1923, as amended by this Act, if he was

dedslons notified of the decision on or after 10th April, 1969, and made before before the commencement of this Act, and he may so appeal mentof if he had been first notified of the decision immediately

this Act. after that commencement.

Right of	5.	Where, on or after 10th April, 1969, and before the
appeal

against	commencement of this Act, a person who was a member of
certain	the police force within the meaning of section 3 of the Police
other
decisions.	Regulation Act, 1899—

(a)	was certified by two medical practitioners appointed by the Governor for the purpose to be incapable, from infirmity of body or mind, of discharging the duties of his office;
(b)	was discharged while under the age of sixty years by reason of that iiffirmity;
(c)	within three months after his discharge claimed to be entitled to a superannuation allowance pur­ suant to section 10 of the Police Regulation (Superannuation) Act, 1906; and
(d)	was granted or paid a superannuation allowance or gratuity pursuant to section 7 or 14 of that Act,

section 8 (2) of the Police Regulation (Superaimuation) Act, 1906, as amended by this Act, and section 6 (1) (d) of the Police Regulation (Appeals) Act, 1923, as so amended, apply as if that person had been discharged inamediately after the commencement of this Act, while under the age of sixty years, by reason of the infirmity referred to in paragraph (a ) .

PUBLIC