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POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 8.3
Unfitness for duty on medical grounds
8.3 Unfitness for duty on medical grounds
(1) If the commissioner suspects on reasonable grounds that an officer— (a)
by reason of physical or mental infirmity is incapable of; or
(b) for any
other reason pertaining to the officer’s health or condition, is unfit for
the purpose of;
performing the duties of office, or any other duties as an
officer that the commissioner might reasonably direct the officer to perform,
the commissioner is to advise the officer, in writing, of the suspicion and if
upon receipt of such advice the officer does not accept the truth of the
commissioner’s suspicion, the commissioner is to obtain medical opinion on
the matter.
(2) For the purposes of subsection (1) , the commissioner— (a)
may nominate any medical practitioner or medical practitioners to examine the
officer concerned and report to the commissioner on the physical or mental
health or other relevant condition of the officer, as the case may require;
and
(b) may direct the officer concerned to submit to examination by the
nominated medical practitioner or medical practitioners.
(2A) If the officer
concerned fails without reasonable cause to comply in all respects with a
direction given by the commissioner, it is to be conclusively presumed that
the commissioner’s suspicion is true.
(3) If, having regard to any medical
opinions expressed by medical practitioners (including any such opinions
furnished by the officer) on the health or condition of the officer concerned,
or because of the presumption prescribed by subsection (2A) , the
prescribed authority is satisfied that the officer should not continue to be
required to perform the duties of office, then, unless the commissioner takes
action authorised by subsection (5) , the prescribed authority may call upon
the officer to retire from the service within a time specified by the
prescribed authority.
(4) If the officer called upon to retire does not
retire within the time specified, the prescribed authority may dismiss the
officer from the service.
(5) If the commissioner believes the officer
referred to in subsection (3) is sufficiently fit to perform duties as a staff
member, then in lieu of the action authorised by subsections (3) and (4) and
without limiting the commissioner’s powers in relation to the officer, the
commissioner may— (a) in writing, appoint the officer to a position as a
staff member, at a rate of salary not less than that of the officer
immediately before such appointment; and
(b) direct the officer to report for
and perform duty in the position to which the officer is so appointed.
(6)
The person appointed to a position under subsection (5) — (a) stops being an
officer and is relieved of all powers and duties of a constable at common law
or under any Act or law; and
(b) becomes a public service employee under the
Public Service Act 2008 .
(7) In subsections (3) and (4) —
"prescribed authority" means— (a) the Governor in Council, in respect of an
officer appointed to office by the Governor in Council;
(b) the commissioner,
in respect of an officer appointed to office by the commissioner.
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