Police Service Amendment (Special Risk Benefit) Act 1998 (NSW)
New South Wales
Police Service Amendment (Special
Risk Benefit) Act 1998 No 103
Contents
Page
| 1 Name of Act | 2 |
| 2 Commencement | 2 |
| 3 | Amendment of Police Service Act 1990 No 47 | 2 |
| Schedule 1 Amendments | 3 |
New South Wales
Police Service Amendment (Special
Risk Benefit) Act 1998 No 103
Act No 103, 1998
An Act to amend the Police Service Act 1990 in relation to the special risk benefit that may be paid as a consequence of the death or retirement of a police officer who is hurt on duty; and for other purposes. [Assented to 2 November 1998]
| Section 1 | Police Service Amendment (Special Risk Benefit) Act 1998 No 103 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Service Amendment (Special Risk Benefit)
Act 1998.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Police Service Act 1990 No 47
The Police Service Act 1990 is amended as set out in Schedule 1.
Police Service Amendment (Special Risk Benefit) Act 1998 NO 103
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Section 3 )
Section 216 Special risk benefit where certain police officers hurt on duty
Omit “ not exceeding 24 months' pay at the rate of the police
officer's salary at the date of retirement” from section 216 (1).
Insert instead “calculated in accordance with this section” .
Section 216 (2)
Omit “ , not exceeding 24 months‘ pay at the rate of the police officer‘ s salary at the date the police officer was hurt on duty,” . Insert instead “ calculated in accordance with this section” .
Section 216 (2A), (2B)
Insert after section 216 (2):
| (2A) | The amount calculated in accordance with this section in relation to a police officer to whom subsection (1) or subsection (2) applies is the amount determined in accordance with the formula: |
| A = S X CF X I | |
| where: | |
| A is the amount, and | |
| S is the annual salary of the police officer at the day on | |
| which the police officer was hurt on duty, and | |
| CF is the capitalisation factor, prescribed for the | |
| purposes of this section by the regulations. for the sex of the police officer and for the age of the police officer on the day on which he or she was hurt on duty, and | |
| I is the extent of the police officer‘ s permanent loss of | |
| earning capacity, determined by the Commissioner and expressed as a percentage, as a consequence of being hurt on duty. |
Police Service Amendment (Special Risk Benefit) Act 1998 No 103
| Schedule 1 | Amendments |
| (2B) | Without limiting any other factor the Commissioner may take into consideration in determining a police officer's permanent loss of earning capacity as referred to in subsection (2A), a psychological or psychiatric injury sustained by a police officer as a consequence of being hurt on duty must not be taken into consideration unless it is demonstrable and permanent. |
[4] Section 216 (4)
Omit the subsection.
[5] Section 216A
Insert after section 216:
216A Determination by Compensation Court
| (1) | A police officer referred to in section 216 (1) or the spouse or personal representative of a police officer referred to in section 216 (2) who is dissatisfied with a decision of the Commissioner under section 216 may apply to the Compensation Court for a determination in relation to the decision within 6 months after the decision is notified in writing to the police officer. or to the spouse or personal representative of the police officer. |
| If the Commissioner fails or refuses to make a decision under section 216 in relation to a police officer who is hurt on duty (within the meaning of that section) within 6 months after the police officer is retired or dies, the Commissioner is taken. for the purposes of this section. to have made a decision under that section to refuse to pay any amount under that section in relation to the police officer. | |
| (3) | The Commissioner is entitled to be represented at the hearing of an application under this section. |
Police Service Amendment (Special Risk Benefit) Act 1998 No 103
| Amendments | Schedule 1 |
After considering the application, the Compensation Court may make a determination that the decision of the Commissioner in respect of which the application was made:
(a) be confirmed, or
| (b) | be set aside and replaced by a different decision made by the Compensation Court. |
The Compensation Court must not make a decision referred to in subsection (4) (b) that could not be made by the Commissioner under section 216.
A decision of the Compensation Court referred to in subsection (4) (b) is taken to be made by the Commissioner and is to be given effect accordingly.
After hearing the application, the Compensation Court:
| (a) | may assess the costs of the successful party to the application (including costs of representation and witness expenses. if any). and |
| (b) | may order that the costs so assessed (or any part of them) be paid to the successful party by any other party within a time specified in the order. |
The Compensation Court cannot order the payment of costs by the applicant unless it is satisfied that the application was frivolous or vexatious or was made fraudulently or without proper justification.
If costs assessed under subsection (7) are not paid within the time specified in the order for their payment, the person in whose favour the order was made may recover the costs from the person against whom the order was made as a debt.
In this section, Compensation Court means the Compensation Court of New South Wales constituted under the Compensation Court Act 1984.
Police Service Amendment (Special Risk Benefit) Act 1998 No 103
| Schedule 1 | Amendments |
[6] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Police Service Amendment (Special Risk Benefit) Act
1998
[7] Schedule 4
Insert in Schedule 4 (with appropriate Part and clause numbers):
|
Injuries to which sections 216 and 216A apply
The provisions of section 216, as amended by the Police Service Amendment (Special Risk Benefit) Act 1998, and section 216A, as inserted by that Act, extend to:
| (a) | an amount that is paid after the commencement of those provisions, or |
| (b) | a decision that is made after the commencement of those provisions to refuse to pay an amount. |
in relation to an injury sustained by a poIice officer
before the commencement of those provisions.
[Minister's second reading speech made in— Legislative Assembly on 14 October 1998 Legislative Council on 21 October 1998]
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