Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987 (NSW)

POLICE REGULATION (SUPERANNUATION) (WORKERS

COMPENSATION) AMENDMENT ACT 1987 No. 81

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short Title

2.        Commencement

3.        Amendment of Act No. 28, 1906

4.        Transitional provision

SCHEDULE 1—AMENDMENTS TO THE POLICE REGULATION (SUPER­

ANNUATION) ACT 1906

POLICE REGULATION (SUPERANNUATION) (WORKERS

COMPENSATION) AMENDMENT ACT 1987 No. 81

NEW SOUTH WALES

Act No. 81, 1987

An Act to amend the Police Regulation (Superannuation) Act 1906 as a consequence of and in connection with the enactment of the Workers Compensation Act 1987. [Assented to 10 June 1987J

1   Act No, 81

Police Regulation (Superannuation) (Workers Compensation) Amendment

1987

BE it enacted by the Queen’s Most Excellent Majesty, by 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)

(Workers Compensation) Amendment Act 1987” .

Conunencement

2.       ( 1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on

such day as may be appointed by the Governor and notified by proclamation

published in the Gazette.

Amendment of Act No. 28, 1906

3. The Police Regulation (Superannuation) Act 1906 is amended in the

manner set forth in Schedule 1.

Transitional provision

4.     The amendments made by this Act to sections 10, 10c, 12, 12a, 12b,

12d, 14c and I4n of the Police Regulation (Superannuation) Act 1906 do

not apply to or in respect of a member of the police force who is hurt on

duty before the commencement of this Act,

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE POLICE REGULATION

(SUPERANNUATION) ACT 1906

(1) Section 1 (Short title, commencement and interpretation)—

(a) Section 1 (2), definition of “Court”— Omit the definition.

Police Regulation (Superannuation) (Workers Compensation) Amendment

1987

SCHEDULE \— continued

AMENDMENTS TO THE POLICE REGULATION

(SUPERANNUATION) ACT \9 m — continued

(b) Section I (2), definitions of “hurt on duty”, “State Compensation Board”—

Omit “Workers’ Compensation Act, 1926” wherever occurring, insert instead “Workers Compensation Act 1987” .

(2) Section 2f (Delegation)—

Section 2f ( I) (b)—

Omit “section 16 of the Workers’ Compensation Act, 1926”, insert instead “Division 4 of Part 3 of the Workers Compensation

Act 1987” .

(3) Section 10 (Superannuation allowance where member hurt on duty)—

Section 10 (6), (6a)—

Omit the subsections.

(4) Section I Or (Commutation of superannuation allowance granted to a

disabled member)—

(a) Section lOc(l)—

Omit “by way of weekly payments as compensation under the Workers’ Compensation Act. 1926, were he a totally incapacitated person entitled to compensation under that Act in respect of a period of incapacity occurring after a period of incapacity of 26 weeks”, insert instead “by way of weekly payments of compensation under Division 2 of Part 3 of the Workers Compensation Act 1987 if the disabled worker were a person entitled to compensation under that Division in respect of a period of total incapacity for work occurring after the first 26 weeks of incapacity” .

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Police Regulation (Superannuation) (Workers Compensation) Amendment

1987

SCHEDULE 1—continued

AMENDMENTS TO THE POLICE REGULATION

(SUPERANNUATION) ACT \906^continued

(b) Section I Or (1a)—

After section 10c (I), insert:

( Ia) This section applies in the following cases to a liability of the Fund in respect of the prescribed part of any annual superannuation allowance granted under section 10 to a disabled member of the police force:

(a)	in the case of an injury received before the commencement of the Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987;
(b)	in the case of a disabled member of the police force who has reached 55 years of age (but only in respect of 40 per cent of the prescribed part of the annual superannuation allowance payable for a period of 5 years);
(c)	in any case prescribed by the regulations and to the extent so prescribed;
(d)	in the case of a particular disabled member of the police force approved by the Board in special circumstances and to the extent so approved.

(c)

Section lOc (2)—

Omit the subsection, insert instead:

(2) A liability of the Fund to which this section applies may, with the consent of the disabled member, be commuted (either in whole or in part) to a lump sum payment, determined by the Board, having regard to—

(a) tlie nature of the injury received by the disabled member;

(b) the age of the disabled member; and

(c) the diminished ability of the disabled member to compete in an open labour market.

Police Regulation (Superannuation) (Workers Compensation) Amendment

1987

SCHEDULE {^continued

AMENDMENTS TO THE POLICE REGULATION

(SUPERANNUATION) ACT I906~cominued

(5) Section 12 (Superannuation allowance where member dies as a result of being hurt on duty)— Section 12 (1) (d)— Omit “section 6 (1) of the Workers’ Compensation Act, 1926” ,

insert instead “Division 1 of Part 3 of the Workers Compensation

Act 1987”.

(6) Section 12a (Allowance in respect of certain children)—

Section 1 2a (2)—

Omit “section 8 (1) (b) of the Workers’ Compensation Act, 1926,”, insert instead “Division 1 of Part 3 of the Workers Compensation

Act 1987“ .

(7) Section 12n (Gratuities where member dies as a result of being hurt on

duty)—

(a)

Section 12b (1)—

Omit the subsection, insert instead:

(1) In this section—

“dependant” has the same meaning as it has in Division I of

Part 3 of the Workers Compensation Act 1987.

(b) Section 12b (2)—

Omit “section 8 (subsection (1) (b) excepted) of the Workers’ Compensation Act, 1926,” , insert instead “Division 1 of Part 3 of the Workers Compensation Act 1987 (except an amount payable in respect of a dependent child)” .

(c) Section 12b (3)—

Omit “burial or cremation expenses that, in the opinion of the Board, would have been payable under section 8 (4) of the Workers’ Compensation Act, 1926,”, insert instead “funeral expenses that, in the opinion of the Board, would have been payable under Division 1 of Part 3 of the Workers Compensation

Act 1987” .

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Police Regulation (Superannuation) (H'orkers Compensation) Amendment

1987

SCHEDULE \— continued

AMENDMENTS TO THE POLICE REGULATION

(SUPERANNUATION) ACT m ( i — continued

(8) Section 12d (Gratuities to members hurt on duty in respect of loss of

limbs, medical expenses etc.)—

Section I 2d (I)—

Omit “ sections 10, 10a, 10b and 16 of the Workers’ Compensation Act, 1926,” , insert instead “Divisions 3, 4 and 5 of Part 3 of the Workers Compensation Act 1987” .

(9) Section 14c (Adjustment of allowances; general cases)—

Section 14c (2), (3)—

Omit the subsections, insert instead;

(2) Subject to this Division, where there is an adjustment percentage for a year, the amount of the superannuation allowance payable pursuant to section 10 on the adjustment date for that year to a disabled member of the police force who was discharged before 1st July in that year is hereby adjusted, on and from that adjustment dale, by a percentage equal to that adjustment percentage.

(10) Section 14d (Adjustment of allowances: partial adjustment)—

Section 14n (2), (3)—

Omit the subsections, insert instead:

(2) Subject to this Division, where there is an adjustment percentage for a year (in subsection (5) referred to as “the particular year”), the amount of the superannuation allowance payable pursuant to section iO on the adjustment date for that year to a disabled member of the police force who was discharged on or after 1st July in that year but on or before 31st March in that year is hereby adjusted, on and from that adjustment date, by a percentage equal to the percentage calculated in accordance with the formula set out in subsection (5).

Police Regulation (Superannuation) (Workers Compensation) Amendment

1987

SCHEDULE f— continued

AMENDMENTS TO THE POLICE REGULATION

(SUPERANNUATION) ACT \90(i~continued

(11) Section 20b (Appeals—other than hurt on duty cases), as inserted by

Act No. 129, 1986.

Section 20b (1) (b)— Omit the paragraph.

(12) Section 21 (Determination by workers compensation commissioner)—

(a) Section 21 (1)—

Omit “the Court” , insert instead “a workers compensation commissioner under the Workers Compensation Act 1987” ,

(b) Section 21 (4), (5), (8), (9)—

Omit “The Court” wherever occurring, insert instead “A workers compensation commissioner”.

(c) Section 21 (4) (b), (6)—

Omit “the Court” wherever occurring, insert instead “the workers compensation commissioner”.

(d)

Section 21 (7)—

Omit the subsection.

(e)

Section 21 (9)—

Omit “ it is” .