Police Superannuation Regulations (ACT)
THE TERRITORY FOR THE SEAT OF
GOVERNMENT.
Regulations under the Police Superannuation
Ordinance 1928.
T ALEXANDER JOHN" MoLACHLAN, Vice-President . of the A , . Executive Council, acting for and on behalf of the Attorney- General of the Commonwealth, in pursuance of the powers conferred upon me by the Police Superannuation Ordinance 1928, hereby make the following Regulations, to come into operation forthwith.
Dated this thirtieth day of April, 1934.
A." J . MoLACHLAN
Acting .Attorney?Gene(ral of the Commonwealth.
P O L I C E SUPERANNUATION, REGULATIONS.
PART I .—PRELIMINARY.
1. These Regulations may he cited as the Police Superannuation Sil0tt t l t)f.
Regulations.
2. These Regulations are dividend into Parts, as follows:— p«tts. Pa r t I.—Preliminary. Pa r t II.—Election of representative. Pa r t III.—Applications for superannuation allowances, gratuities
and allowances.
Pa r t IV.—Approved service and deductions from service for
sickness, &c.
P a r t V.—Payment of superannuation allowances, gratuities and
Pa r t VI.—Appeals against decisions of prescribed medical authority. allowances.
| Definition*. | 3. I n these Regulations, unless the contrary intention appears— |
" t h e Independent Board " me'una the Independent Board of three legally qualified 'medical practitioners appointed by the Attorney-General under sub-section (10.) of section twelve of the Ordinance;
" the Board " means the Police Superannuation Board established
pursuant to the Ordinance;
" the Chief Officer " means the Chief Officer of Pol ice;
" the Department " means .the, Attorney-General's Depar tment ;
" the Ordinance " means the Police Superannuation Ordinance
1928, as amended from time to t ime;
' " t h e ' Sec re t a ry" means the Secretary, Attorney-General's Depar tment ;
" the representative " means the representative of the members
of. the Police Force on the Board. -"
P A R T I I . — E L E C T I O N OF REPRESENTATIVE.
Date of
| election. | 4. The election of,the representative of the Police Force shall be held upon a date, to be fixed by the Secretary by notice in the | Gazette. |
| Nominations | 5. A nomination for the position of representative of the Police Force shall be signed by two members of the Force, and bear the written consent of the nominee to act, if elected, and shall be forwarded to the Secretary so as to reach him not later than seven days before the date fixed for the election. |
| Election to be | |
| by ballot. | 6.—-(1.) If only one nomination is received, the person so nominated shall be declared bj ' the Secretary to be duly elected but, if more than one nomination is received, then the election shall bo by ballot. |
| (2.) The method of conducting the ballot shall be in accordance with directions given by the Secretary. | |
| Equality of | 7. I n the case, of an equality of votes for any two or more candidates |
| voting. | for election, the Secretary shall determine by his casting vote which of the candidates is elected. |
P A R T I I I . — A P P L I C A T I O N S FOE SUPERANNUATION ALLOWANCES, GRATUITIES AND ALLOWANCES.
Prescribed
| medical | 8.— (1.) The Attorney-General may from time to time appoint | ||
| authorities. | auy duly qualified medical practitioner to be the prescribed medical authority. | ||
| (2.) A medical certificate shall be in accordance with the form contained in the Schedule to these Regulations. | |||
| Applications | 9.—(1.) On receipt of an application for a superannuation allow- | ||
| to be examined | |||
| by Clilcf | ance, gratuity or allowance, the Chief Officer .shall examine the applica- | ||
| Omcer |
| ||
| (2.) When an application is made for a special superannuation allowance .the Chief Officer shall fully investigate the circumstances in which the injury was received. | |||
| Further medical | 10.—(1.) If the application be made under the provisions of section seven of the Ordinance and if the Chief Officer considers that a further medical examination is desirable, he shall direct the applicant to appear before the prescribed medical authority at a time and place to be stated in the direction in order to be medically examined. The prescribed | ||
| examination. | |||
| |||
| shall forthwith after such examination forward a medical certificate, to the Chief Officer. | |||
| (2.) On the,receipt of any such medical certificate, the Chief Officer shall advise the applicant of 'the result of tile examination. | |||
| Application and | 11. On the completion of such investigations as appear to him | ||
| document* to | |||
| bo forwarded | desirable, the Chief Officer shall forward the application to the Board, | ||
| to Board, | together with— |
(a) all the documents relevant to the application; (& the medical certificate (if a n y ) ; («0 the medical certificate given by the Independent Board appointed under Sub-3ec!ti'on (10.) of section twelve of the
Ordinance (if any) ;
(d) the certificate of approved service under sub-section (2.) of section eleven .of the Ordinance (if so required) ;
and -
(e) his report on the-application.
| Applicant to | 12; .When any recommendation of the Board is approved, by the |
| be advised of | |
| Board's | Attorney-General, the Attorney-General shall cause notice thereof to be |
| decision. | given to the Chief. Officer who shall send to .the applicant notice in writing informing him of the result of his application. |
13. At any time after ;the receipt of any application under the Board may
Ordinance, the Board may require the Chief Officer to make further JX'maHon!'" inquiries into any matter relating to the application.
14. When a special superannuation allowance is granted on the Further
ground of incapacity for the performance of duty, the Board may at any examination,
time call upon the pensioner to appear before the prescribed medical
authority in order to be medically examined.
PART IV.—APPROVED SERVICE AND DEDUCTIONS FROM SERVICE FOR
SiCiCNESS, ETC.
15. The Chief Officer may by order deduct from the actual service Approved
of any member of the Force -such period as to the Chief Officer seems ascertained,
just in respect of—
(a) feigned or simulated sickness or sickness arising from care- lessness, recklessness, improper or vicious conduct, exces- sive indulgence in alcohol, improper, illegal, or immoral practices;
(b) misconduct (for the purposes of this regulation, mis- conduct mean3 disgraceful or improper conduct, either in his official capacity, or otherwise) ; or
(c) neglect of duty: . .
Provided that no such deduction shall be made in respect of any sickness, misconduct, or neglect of duty unless the member of the
| Force has been duly found guilty thereof by the Chief Officer, an officer, | • • |
| or any authority empowered by law to hear and determine such matter. | |
| deduction made under the last preceding regulation may appeal to the e uc 0D3' | 16.—(1.) Any member of the Force affected by any, order for Appeal against |
Secretary against the order.
(2.) The appeal shall be forwarded through the Chief Officer who shall forward it with a report thereon to the Secretary, whose decision shall be final.
^17, The notice of deduction required to be given by sub-section (3) j^ ' 0 ? ." ' to
of section eleven of the Ordinance shall give particulars of the be given,
deduction and the grounds thereof.
18. For the purposes of any application for a superannuation allow- certified copy
ance, gratuity er allowance a certificate under the hand of the Secretary to bo evidence,
certifying the period or periods deducted from the service of any
particular member of the Force shall be prima facie evidence of those
deductions.
PART V.—PAYMENT OF SUPERANNUATION ALLOWANCES, GRATUITIES AND
ALLOWANCES.
19.—(1.) The contributions deductible and deducted from the Deduction of
salaries of members of the Force shall be separately shown in the salary
register and the pay sheets of the Department.
(2.) Where a contribution includes a fraction of a penny amounting to a half-penny or more, the next higher penny shall be deducted.
20.—(1.) Deductions made for the purposes of the Ordinance and Deduotlonj,
these Regulations shall be paid each fortnight to the Receiver of'' Public with.
Moneys for credit to the Consolidated Revenue Fund.
(2.) The total of each fortnightly payment of contributions' shall be balanced or reconciled with the total pension deductions shown in the
| salary register for the relative fortnight. |
21.— (1.) Superannuation allowances, gratuities and allowances Allowances to granted in pursuance- of the Ordinance shall be paid by the'- Sub- sub-Treasury. Treasury in the State or Territory in which the pensioner resides.
(.2.) Superannuation allowances' and allowances, shall be. paid fort- nightly on the Friday"of each fortnight which alternates with the Friday on which the police salaries are paid.
22. A police pensions register, in card form, shall be kept in each ^oll|i0t?cio1vI"
Sub-Treasury at which pensions are paid, and in the event of a kept,
pensioner removing to another State or Territory, the pensioner's card
shall be transferred to the Sub-Treasury in that State or Territory.
23. Pensioners snail not be required to submit accounts for payment, sub-Treasury
| "but claims shall be prepared in the Sub-Treasury each fortnight. | claims?8™ |
24. Superannuation allowances and allowances shall be paid by b"0^11^8 to
| means of non-negotiable cheques, made payable to order. | oh.eo.ue. |
| fourteenth of the fortnightly superannuation allowance or allowances. a^7ta"nea\ow | 25. One day's superannuation allowance or allowance .shall be one- one day's |
| PART V I . - - A P P E A L S | AGAINST OPINIONS OF THE PRESCRIBED MEDICAL | ••• | . . |
AUTHORITY!
26. The prescribed medical authority shall after the completion of Sto'tobe1"*
any medical examination send,its medical certificate to the Chief Officer, torwardedto
who shall forward the certificate to the Board. The prescribed medical
authority may, by addendum to the certificate, make any recommenda- tion to the Board as to the future medical examination of the person to whom the certificate relates.
| Applicant to te | 27. Where for the purposes of section twelve of the Ordinance any |
rosuttof0' person is medically examined by the prescribed medical authority, the examination. Chief Officer shall, on receipt of the medical certificate, advise that
person of the result of the examination.
| Notice of appeal | 28. If the person is dissatisfied .with the result of the examination, within fourteen days after he ; ;has received that advice, send |
| to be given. | j ^ | m&yf |
to the Chief Officer notice in writ ing of his ; intention to appeal and of the grounds of the appeal. The Chief Officer shall send the notice
' of appeal to the Attorney-General,
| Appointment of | 29. Within twenty-eight days after receipt by him of the notice, ^ Attorney-General shall appoint an Independent Board of three legally qualified medical practi t ioners in accordance with sub-section (10.) of section twelve of the Ordinance, and shall notify the Chief Officer of the appointment. |
| in&penjent | |
| Notice to be | 30. The Chief Officer shall send to the appellant notice of the time the appointment of the Independent Board) for his further medical |
| appellant. | an^ place appointed (being not more than twenty-eight days after |
| independent | 31. At that time and place, or at any other time or place to which |
| examine | the Independent Board may adjourn the examination, the Independent |
| appellant. | Board shall medically examine the appellant and give its decision thereon in the form of a medical certificate, and shall send the medical certificate to the Chief Officer. |
| Leave to attend | 32. The appellant shall attend at the time and place appointed, and, if he is nserving member of the Force, he shall be given such leave as is necessary to enable him to attend. H o shall submit himself to any medical examination which the Independent Board desires to make or directs to be made. |
| examination, |
copy of • - 33. The Chief Officer shall advise the appellant of the result of the beaentto • medical examination, and shall forward to the Board the.medical
| Board.. | certificate of the Independent Board. |
cost of 34. Where the Independent Board certifies in its certificate that an independentby a i ?P e a i made to it under these Regulations is made vexatiously, Hoard. without any reasonable probabili ty of success, and such lack of
reasonable probability of success must, in its opinion, have been known to the appellant, the Chief Officer may order the appellant to pay such reasonable costs of the Independent Board as in his discretion ho fixes, and such costs may be deducted from any salary, superannuation allow- ance, gratui ty allowance or rateable deduction which m^y be due to the appellant.
T H E S C H E D U L E .
Reg. 8. .
THE TERRITORY FOB THE SEAT OF GOVERNMENT.
Police Superannuation Ordinance 1028.
MEDICAL CERTIFICATE.
The Chief Officer of Police, Canberra,.
• * I certify that I have this day examined ,
a member of the Police Force, wlio••• in- my opinion is suffering from
incapacitated
anil is -*—-—TV-r; ; ^r^^i for the
partially incapacitated
performance of his duty by infirmity qf mind or body.
In my opinion the infirmity—
likely
( o ) i s t o b e - l ) e i ' r n a i l e n . t ;
not likelv
(b) is attributable to : ;
., ; and
. . has . (o) -i rr been brought about or contributed to by his own default or his vicious habits.
Remarks:— •
D a t e . . ... .' •.:.•
." "., , Prescribed Medical Authority.
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