The Police Fund Distribution Act 1904 (SA)

,4NNO QUAR'TO

EDWARDI V11 REGIS.

A.D. 1904.

No. 862.

An Act to provide for the Distribution of the Police Fund established by the Police Act 1869-70, and for other purposes.

[Assented to, November zgth, 1904.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as "'The Police Fund Distribution short title.

Act, 1904."

2, Section 104 of the Police Act, 1869-70, and all enactments &peal.

and regulations inconsistent herewith, are hereby repealed.

3, I n the construction of this Act, except where otherwise clearly Interpretation.

intended--

" Member " means every member of the Police Force of South Australia other than those who are on the fixed establishmeut of the Civil Service:

Force " means the Police Force of South Australia. I

4, The Police Fund established by the Police Act, 1869-70, is Abolitionof Fund.

hereby abo!ishrd as from the thirtieth day of June, one thousand eight hundred and ninety-four, on which date it shall be deemed to have ceased and determined.

6. (1) Every member who has served in the Force prior to the ~apnentton

thirtieth day of June, one thousand eight hundred and ninety-four, rrvi'

~ ' 4

and who retires from the Force after the passing of this Act, shall, June, 1894.

subject to the provisions of section 9, be pmd in respect of his

862 service

. -	4 O EDWARDI VII, No. 862.
llhe Police find Distribution Act.--1904.

service prior to the thirtieth day of June, one thousand eight hundred and ninety-four, an amount calculated on the basis of three-fourths of a month's salary for each year of such service up to thirty years' service.

(2) Everv member who has served in the Force prior to the thir- tieth day o i June, one thousand eight hnndred and ninety-four, and who has between such date and the passing of this Act retired from the Force, shall be paid the difference between any amount already actually received by him and an amount calculated on the basis of three-fourths of a month's salary for each year of his service prior to the thirtieth day of June, one thousand eight hundred and ninety-four.

(S) Notwithstanding anything in this section contained, no mem- ber shall be entitled to claim a retiling allowance under the pro- visions of this Act and also under the provisions of the Civil Service Acts, but shall be paid whichever amount is the greater.

(4) In the case of the death of any member entitled to receive any payment under this section, such payment may be made to his legal person a1 representative.

~undfrom

June30th 6, A new Police Fund is hereby established as from the thirtieth

1894, to June 30th,

1904. day of June, one thousand eight hundred and ninety-four. Such Fund shall consist of the sum of Five Thousand Nine Hundred and Sixty-five Pounds Eighteen Shillings and Three Pence, being the proper balance, including interest, standing on the thirtieth day of June, one thousand nine hundred and four, to the credit of the abolished Police Fund.

Distributionof Fund.	7, The distribution of the said sum of Five Thousand Nine Hundred and Sixty-five Pounds Eighteen Shillings and Three Pence shall be as follows:-A list shall be forthwith prepared, setting out the names of all persons who were members on the thirtieth day of June, one thousand eight hundred and ninety-four, or who
became members between that date and the thirtieth day of June, one thousand nine hundred and four. Every member whose name
appears on such list, and who has prior to the passing of this Act completed, or who subrequently thereto. completes, five years' con- tinuous service in the Force, on his ret.irement, or, in case of his death, his legal personal representative, shall (but subject to the provisions of section 9) be entitled to receive a sum proport.ionate to the length of his service between the said thirtieth day of June, one thousand eight hundred and ninety-four, and the thirtieth day of June, one thousand nine hundred and four.

Fund subsevent to 8. (1) All proportions of fines: penalties, and seizures which, after

June 30th, 1904. the thirtieth day of June, one thousand nine hundred and four, become payable to the Force under any Act of Parliament, together with interest thereon at four per centum, m d all claims forfeited during the pl.ecedin,o year, shall, on the thirtieth day of June in each year, be app&tionable between members in active service

on

4 O EDWARDI VII, No. 862.

The Police Fund Distribution A c t. 1 9 0 4.

on that date, according to length of service since the preceding thirtieth day of June. Proper books of account shall be kept showing the amounts apportioned to each member. Every member who after the thirtieth day of June, one thousand nine hundred and four, serves five years in the Force shall, on his retirement, or, in case of his death, Iiis legal personal representative, shall be paid (subject to section 9) rhe amount standing to his credit in such books.

(2) When any person employed in the said Police Force shall be entitled to the whole or any portio~ of any fine, forfeiture, penalty, or seizure under any Act in ibrce within the said State, the amount of the proceeds thereof shall be applied for the purposes of this section.

Q, The whole or any portion of the share of any member in the Forfeiture.

funds under this Act may be declared by the Governor to be for-

feited in any case in which such member shall--

( a ) Be dismissed from the Force:

( b ) Voluntarily retire from the Force unc',er the time of service mentioned in the Civil Service Amendment Act, 1881, without the written consent of the Commissioner of Police to his so retiring, or without having first satisfied the said Commissioner by the certificate of the Colonial Surgeon or some legally qoalifi ed medical practitioner nominated by the said Commissioner that such member is incapacitated, and that such incapacity is likely to be permanent:

(c) Be incapacitated for further service in the Force through or by reason of his own default or misconduct, such member of the Force to have the right of appeal to the Minister controlling the Force.

10. Upon the share of any member being declared forfeited Forfeited eharea.

udder section 9, the amount thereof shall be fbrthwith transferred to the credit of the Fund established under section 8, and be dealt with

thereunder.

11, In carrying out the provisions of this Act it shall not be Payrnenta, how to be

necessary to appropriate a sum from the Getled Revenue to make made.

the payments for which such revenue is hereby made responsible,

but all payments for retiring allowances under sections 5 and 7

shall be made out of the balance of the abolished Police Fu~id until

l

the same is exhausted, and thereafter by the vote of Parliament

from time to time, as required.

12. No share, allowance, or gratuity payable under this Act shall, S b m to be inalien-

except as is by section 13 of this Act provided, be anticipated, able.

assigned, transferred, charged, encumbered, or otherwise parted wirh

by the person entitled or contingently entitled thereto until he shall

actually receive the same; nor .shall the same be attached or

taken in execution under the process of any Court, or, in the

event of the insolvency or statutory assignment of such person before

his actual receipt thereof, vest in the assignee or trustee of his estate;

but

4 O EDWARDI VII, No. 862.

- p p -

The Police Fund Dktribution Act.-1904.

out every such share, allowance, or pr~tni ty shall, until the actual receipt thereof., be an inalienable personal provision for every person entitled thereto.

Amendment of

Public Service 13. Any share, allowance, or gratuity payable under this Act

fiup-nwtion~und	may be assigned for the purcha5e of status with respect to the
Act' 190% to auOw	Public Service Su perannt tation Ftind as if the same had been
purchaee of statue.
specified in section 19 of The Public Service Superannuation
Fund Act, 1902."

New membem to	14, Notwithstanding the provisions of section 15 of	The
subeoribe to Public

service Suparannua-

Public Service Superannuation Fund Act, 1902," every member here-

tion Fund.

after entering the Police Force shall become a subscriber to the

Public Service Superannuation Fund.

PaymeLh in respect

15. When personal injury arising out of and in the course of his employment is caused to any member of the Police Force, whether on the fixed establishment of the Civil Service or not, the Goveru- ment shall pay compensation, except in the following cases:--

of personal injury.

(a ) Where the injury is attributable to the serious and wilful

misconduct of t,he member injured, and to no other cause;

, or,

( b ) Where the member is not disabled for at least one week from

earning full wages at the work in which he was employed

in the Force.

Amounts, how mer-

taind. 16. The compensation to be paid under the preceding section

shall be subject to t hc scale a t~d conditions contained in the First

Schedule to " 'l'he Workmen's Compensation Act. 1900 "; and, in case of an arbitration under the said First Schedule, the provisions as to arbitration contained in the Second Srhedule to the said Workmen's Act, 1900, shdl apply, and the Governmmt shall be deemed to be the employer of the injured perm1 for the purposes of this and the preceding section and such Schedules:

' Provided that, in case of injury occasioned to a member as the result

of a criminal act, the limit of compensation shall be increased from

Three Hundred Pounds to Five Hundred Pounds.

Compwmation, how

recovered. 17. Where compensation for personal injury is paid by the Government under the provisions of sections 15 and 16 of this Act, as the result of it criminal act, the person committing such criminal act shall repay to the Gore1 nment the amount of such compensation, to be recovered by action in any Court of competent jurisdiction.

In the name and on behalf of His Majesty, I hereby assent to

this Hill.

GEORGE R. LE HUN'I'E, Governor.

. ...

Adelaide : By autho*, C. E.Baxb~ow, Government Printer, North Terrace.