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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Police Amendment (Medical Retirement)
Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Police Act 1892 amended
3. Act amended 3
4. Section 8 amended 3
5. Section 33K amended 3
6. Part IIC inserted 3
Part IIC -- Medical retirement
Division 1 -- Preliminary
33ZA. Summary of Part 3
33ZB. Terms used 4
Division 2 -- How members can be retired on
medical grounds
33ZC. Examination of member by medical board 5
33ZD. Notice that Police Commissioner is of
opinion that member is medically unfit 6
33ZE. Power to retire member on medical
grounds 7
33ZF. Maintenance payment 9
33ZG. Revocation of decision that member
should be retired 9
33ZH. Resignation of member who has been
retired on medical grounds 10
Division 3 -- Appeal against decision that member
should be retired on medical grounds
33ZI. Appeal right 11
33ZJ. Proceedings on appeal 12
33ZK. New evidence on appeal 13
124--1 page i
Police Amendment (Medical Retirement) Bill 2019
Contents
33ZL. Application of Industrial Relations
Act 1979 to the appeal 15
33ZM. Decision by the WAIRC 18
33ZN. Restriction on publication 20
Division 4 -- General
33ZO. Failure to comply with procedure 20
33ZP. Transfer, standing down and leave of
member 20
33ZQ. Transitional provision 21
7. Section 138A amended 22
Part 3 -- Industrial Relations
Act 1979 amended
8. Act amended 24
9. Section 113 amended 24
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Police Amendment (Medical Retirement)
Bill 2019
A Bill for
An Act to amend the Police Act 1892 and to amend the Industrial
Relations Act 1979 consequentially.
The Parliament of Western Australia enacts as follows:
page 1
Police Amendment (Medical Retirement) Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Police Amendment (Medical Retirement) Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 3
1 Part 2 -- Police Act 1892 amended
2 3. Act amended
3 This Part amends the Police Act 1892.
4 4. Section 8 amended
5 In section 8(1):
6 (a) delete "disability,";
7 (b) delete "removal, disability or" and insert:
8
9 removal or
10
11 5. Section 33K amended
12 In section 33K in the definition of removal action after
13 paragraph (c) insert:
14
15 (d) the cancellation of the appointment of a police
16 auxiliary officer under section 38G(4);
17
18 6. Part IIC inserted
19 After section 33Z insert:
20
21 Part IIC -- Medical retirement
22 Division 1 -- Preliminary
23 33ZA. Summary of Part
24 This Part sets out a scheme under which members who
25 are medically unfit can be retired specifically on
26 medical grounds (rather than being removed under
27 Part IIB).
page 3
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 33ZB. Terms used
2 In this Part --
3 appellant, in relation to an appeal instituted under
4 section 33ZI, means the person who institutes the
5 appeal;
6 Chief Commissioner has the same meaning as it has in
7 the Industrial Relations Act 1979;
8 disputed decision has the meaning given in
9 section 33ZI(2);
10 industrial Commissioner has the same meaning as
11 commissioner has in the Industrial Relations Act 1979;
12 medical practitioner means a person registered under
13 the Health Practitioner Regulation National Law
14 (Western Australia) in the medical profession;
15 medically unfit, in relation to a member, means the
16 member is unfit, on medical grounds (whether physical
17 or mental or both), to perform the functions of the
18 office to which the member is appointed under this
19 Act;
20 member means --
21 (a) a commissioned officer;
22 (b) a non-commissioned officer;
23 (c) a constable;
24 (d) an Aboriginal police liaison officer;
25 (e) a police auxiliary officer;
26 Police Commissioner means the Commissioner of
27 Police;
28 retire, in relation to a member, means retire from the
29 office to which the member is appointed under this
30 Act;
page 4
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 retirement day, in relation to a member, means the day
2 at the end of which the member's retirement on
3 medical grounds takes effect under
4 section 33ZE(10)(b);
5 Senior Commissioner has the same meaning as it has
6 in the Industrial Relations Act 1979;
7 WAIRC means The Western Australian Industrial
8 Relations Commission continued and constituted under
9 the Industrial Relations Act 1979.
10 Division 2 -- How members can be retired on medical
11 grounds
12 33ZC. Examination of member by medical board
13 (1) Subsection (2) applies if the Police Commissioner
14 reasonably suspects that a member is medically unfit.
15 (2) The Police Commissioner may direct the member to
16 submit to an examination by a medical board
17 consisting of at least 3 medical practitioners.
18 (3) The direction may also impose requirements on the
19 member --
20 (a) in relation to the conduct of the examination; or
21 (b) otherwise for the purpose of facilitating the
22 examination.
23 (4) The direction must be given in writing.
24 (5) The member commits an offence against the discipline
25 of the Police Force if the member, without good and
26 sufficient cause, fails to comply with the direction.
27 (6) The medical board must give a report on the
28 examination to the Police Commissioner.
29 (7) Regulations under section 138A may (without
30 limitation) make provision about medical boards,
page 5
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 including (without limitation) provision about 1 or
2 more of the following matters --
3 (a) the appointment of medical practitioners, or of
4 other persons in addition to medical
5 practitioners, to them (including how, when or
6 by whom appointments are to be made);
7 (b) their governance and procedures;
8 (c) their examinations of members;
9 (d) their reports to the Police Commissioner;
10 (e) the payment of their costs or costs otherwise
11 associated with them (including remuneration
12 and expenses of persons appointed to them).
13 33ZD. Notice that Police Commissioner is of opinion that
14 member is medically unfit
15 (1) This section applies if --
16 (a) the Police Commissioner receives a report from
17 a medical board under section 33ZC(6); and
18 (b) having taken into account the report, the Police
19 Commissioner is of the opinion that the
20 member is medically unfit.
21 (2) The Police Commissioner may give written notice to
22 the member stating that the Police Commissioner --
23 (a) is of the opinion that the member is medically
24 unfit; and
25 (b) is in the process of deciding whether the
26 member should be retired on medical grounds.
27 (3) If notice is given, the member may, during the period
28 referred to in subsection (4) --
29 (a) make written submissions to the Police
30 Commissioner; and
page 6
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 (b) give the Police Commissioner any written
2 report or other document.
3 (4) The period is --
4 (a) the period of 28 days after the day on which the
5 notice is given; or
6 (b) a longer period allowed by the Police
7 Commissioner.
8 33ZE. Power to retire member on medical grounds
9 (1) After the period referred to in section 33ZD(4) has
10 ended, the Police Commissioner must --
11 (a) decide whether the member should be retired
12 on medical grounds; and
13 (b) give the member written notice of the decision.
14 (2) The Police Commissioner must not decide that the
15 member should be retired on medical grounds unless
16 the Police Commissioner --
17 (a) has taken into account everything received
18 from the member under section 33ZD(3) during
19 the period referred to in section 33ZD(4); and
20 (b) is still of the opinion that the member is
21 medically unfit.
22 (3) Subsections (4) to (10) apply if the Police
23 Commissioner decides that the member should be
24 retired on medical grounds.
25 (4) The notice under subsection (1)(b) must give the Police
26 Commissioner's reasons for the decision.
27 (5) Except to the extent that regulations otherwise provide,
28 the Police Commissioner must, within 7 days of giving
29 the notice under subsection (1)(b), give the member a
30 copy of any documents, and make available to the
31 member for inspection any other materials, that were
page 7
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 examined and taken into account by the Police
2 Commissioner in making the decision.
3 (6) If the member is a commissioned officer --
4 (a) the Police Commissioner may recommend to
5 the Minister that the Minister advise the
6 Governor to retire the member on medical
7 grounds; and
8 (b) the Governor may, on the Minister's advice
9 given in accordance with the Police
10 Commissioner's recommendation, retire the
11 member on medical grounds.
12 (7) If the member is a non-commissioned officer or a
13 constable, the Police Commissioner may, with the
14 Minister's approval, retire the member on medical
15 grounds.
16 (8) If the member is an Aboriginal police liaison officer or
17 a police auxiliary officer, the Police Commissioner
18 may retire the member on medical grounds.
19 (9) A power of the Police Commissioner under
20 subsection (6), (7) or (8) may be exercised when, or at
21 any time after, the notice under subsection (1)(b) is
22 given.
23 (10) If the member is retired on medical grounds --
24 (a) the Police Commissioner must give the member
25 written notice that the member has been retired
26 on medical grounds; and
27 (b) the retirement takes effect, and the member
28 ceases to hold the office to which the member
29 is appointed under this Act accordingly, at the
30 end of the day on which the member receives
31 the Police Commissioner's notice.
page 8
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 (11) Subsections (4) to (10) cease to apply if the Police
2 Commissioner's decision that the member should be
3 retired on medical grounds is revoked under
4 section 33ZG(2).
5 (12) Regulations under section 138A may (without
6 limitation) make provision for determining when a
7 member is taken to receive a notice for the purposes of
8 subsection (10)(b).
9 33ZF. Maintenance payment
10 (1) This section applies if a member's retirement on
11 medical grounds has taken effect.
12 (2) The member is entitled to receive a maintenance
13 payment for the period of 28 days after the retirement
14 day.
15 (3) In exceptional circumstances, the Minister may direct
16 that a maintenance payment be paid to the member for
17 a further period of up to 6 months specified by the
18 Minister starting when the period referred to in
19 subsection (2) ends.
20 (4) However, the further period ends (if it has not already
21 ended) on the day on which any appeal instituted under
22 section 33ZI is determined by the WAIRC.
23 (5) A maintenance payment must be calculated on the
24 basis of the member's salary on the retirement day.
25 33ZG. Revocation of decision that member should be
26 retired
27 (1) This section applies if the Police Commissioner
28 decides under section 33ZE(1)(a) that a member should
29 be retired on medical grounds.
page 9
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 (2) At any time on or before the retirement day, the Police
2 Commissioner may, by written notice to the Minister,
3 revoke the Police Commissioner's decision.
4 (3) At any time after the retirement day, the Police
5 Commissioner may, by notice in the Gazette, revoke
6 the Police Commissioner's decision.
7 (4) A notice under subsection (3) requires the Minister's
8 approval if the member was a commissioned officer.
9 (5) Subsection (3) applies even if an appeal has been
10 instituted under section 33ZI.
11 (6) Despite any other enactment, if the Police
12 Commissioner's decision is revoked under
13 subsection (3), the member's retirement is taken to be
14 of no effect and to have never had any effect.
15 (7) If the Police Commissioner's decision is revoked under
16 subsection (3), the member is not entitled to be paid the
17 member's salary for any period for which the member
18 received a maintenance payment under section 33ZF.
19 33ZH. Resignation of member who has been retired on
20 medical grounds
21 (1) A member may resign at any time during the period of
22 28 days after the retirement day, despite the member's
23 retirement on medical grounds having taken effect.
24 (2) The resignation takes effect at the end of that period of
25 28 days.
26 (3) However, the member cannot resign if an appeal has
27 been instituted under section 33ZI.
28 (4) Despite any other enactment, if the member resigns,
29 the member's retirement is taken to be of no effect and
30 to have never had any effect.
page 10
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 Division 3 -- Appeal against decision that member
2 should be retired on medical grounds
3 33ZI. Appeal right
4 (1) This section applies if a member's retirement on
5 medical grounds has taken effect.
6 (2) The member may appeal to the WAIRC on the ground
7 that the Police Commissioner's decision under
8 section 33ZE(1)(a) that the member should be retired
9 on medical grounds (the disputed decision) was harsh,
10 oppressive or unfair.
11 (3) The member must institute the appeal by a notice to the
12 Police Commissioner stating --
13 (a) why the disputed decision was harsh,
14 oppressive or unfair; and
15 (b) the nature of the relief sought.
16 (4) The appeal cannot be instituted --
17 (a) later than 28 days after the retirement day; or
18 (b) if the member has resigned under
19 section 33ZH.
20 (5) For the purposes of proceedings relating to the appeal,
21 the WAIRC is to be constituted by not less than
22 3 industrial Commissioners, at least 1 of whom is the
23 Chief Commissioner or the Senior Commissioner.
24 (6) The parties to the appeal are the appellant and the
25 Police Commissioner.
26 (7) No other person may be a party to the appeal.
page 11
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 33ZJ. Proceedings on appeal
2 (1) On the hearing of the appeal, the WAIRC must proceed
3 as follows --
4 (a) first, it must consider the Police
5 Commissioner's reasons for making the
6 disputed decision;
7 (b) secondly, it must consider the case presented by
8 the appellant as to why the disputed decision
9 was harsh, oppressive or unfair;
10 (c) thirdly, it must consider the case presented by
11 the Police Commissioner in answer to the
12 appellant's case.
13 (2) The appellant has at all times the burden of establishing
14 that the disputed decision was harsh, oppressive or
15 unfair.
16 (3) Subsection (2) has effect despite any law or practice to
17 the contrary.
18 (4) Without limiting the matters to which the WAIRC is
19 otherwise required or permitted to have regard in
20 determining the appeal, it must have regard to --
21 (a) the interests of the appellant; and
22 (b) the public interest which is taken to include --
23 (i) the importance of maintaining public
24 confidence in members of the Police
25 Force; and
26 (ii) the special nature of the relationship
27 between the Police Commissioner and
28 members of the Police Force.
page 12
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 33ZK. New evidence on appeal
2 (1) In this section --
3 new evidence means evidence other than evidence
4 of --
5 (a) any document or other material that was
6 examined and taken into account by the Police
7 Commissioner in making the disputed decision;
8 or
9 (b) the notice given under section 33ZD(2); or
10 (c) a written submission, report or other document
11 given to the Police Commissioner by the
12 appellant under section 33ZD(3); or
13 (d) the notice given under section 33ZE(1)(b) or
14 (10)(a).
15 (2) New evidence must not be tendered to the WAIRC
16 during the hearing of the appeal unless the WAIRC
17 grants leave under subsection (3) or (4).
18 (3) The WAIRC may grant the Police Commissioner leave
19 to tender new evidence if --
20 (a) the appellant consents; or
21 (b) the WAIRC is satisfied that it is in the interests
22 of justice to grant leave.
23 (4) The WAIRC may grant the appellant leave to tender
24 new evidence if --
25 (a) the Police Commissioner consents; or
26 (b) the WAIRC is satisfied that --
27 (i) the appellant is likely to be able to show
28 that the Police Commissioner has acted
29 upon wrong or mistaken information; or
30 (ii) the new evidence might materially have
31 affected the Police Commissioner's
page 13
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 decision that the member should be
2 retired on medical grounds; or
3 (iii) it is in the interests of justice to grant
4 leave.
5 (5) In the exercise of its discretion under subsection (4),
6 the WAIRC must have regard to the following --
7 (a) whether the appellant was aware of the
8 substance of the new evidence before the end of
9 the retirement day;
10 (b) whether the new evidence was contained in a
11 document to which the appellant had
12 reasonable access before the end of the
13 retirement day.
14 (6) If the Police Commissioner is given leave to tender
15 new evidence --
16 (a) the WAIRC must give the appellant a
17 reasonable opportunity to consider the new
18 evidence; and
19 (b) the appellant may tender new evidence without
20 the leave of the WAIRC in response to the new
21 evidence tendered by the Police Commissioner.
22 (7) If the appellant is given leave to tender new evidence,
23 the WAIRC must give the Police Commissioner a
24 reasonable opportunity to consider the new evidence.
25 (8) If, having considered any new evidence, the Police
26 Commissioner revokes the disputed decision under
27 section 33ZG(3) --
28 (a) the Police Commissioner must give the
29 WAIRC notice of the revocation; and
30 (b) the hearing of the appeal is discontinued when
31 the WAIRC receives the notice.
page 14
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 (9) If the Police Commissioner does not give notice under
2 subsection (8), the hearing of the appeal must continue
3 but the Police Commissioner may --
4 (a) reformulate the Police Commissioner's reasons
5 for making the disputed decision; and
6 (b) tender new evidence without the leave of the
7 WAIRC in response to the new evidence
8 tendered by the appellant.
9 (10) Reasons reformulated under subsection (9)(a) may
10 differ from, or be additional to, the reasons given to the
11 appellant under section 33ZE(4).
12 (11) If the Police Commissioner reformulates reasons under
13 subsection (9)(a) --
14 (a) the Police Commissioner must give the
15 WAIRC and the appellant written notice of the
16 reasons before the resumption of the hearing of
17 the appeal; and
18 (b) the WAIRC must consider the reasons as if
19 they had been reasons given to the appellant
20 under section 33ZE(4).
21 33ZL. Application of Industrial Relations Act 1979 to the
22 appeal
23 The provisions of the Industrial Relations Act 1979
24 listed in the Table to this section apply, subject to this
25 Part, any necessary modifications, and any specific
26 modifications set out in that Table, to and in relation to
27 the appeal and the determination of the appeal.
28 Table
s. 26(1)(a)
and (b)
s. 26(3)
page 15
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
s. 27(1)(b), (c), An order under section 27(1)(o) may
(d), (e), (f), be made by any one of the industrial
(h), (ha), (hb), Commissioners constituting the
(l), (m), (n), WAIRC to hear the appeal.
(o) and (v)
s. 27(1a)
s. 28 But only in relation to powers
conferred by section 27 listed in this
Table.
s. 31(1) Paragraphs (b) and (c) do not apply
but the subsection is to be read as if
it contained the following
paragraphs --
" (b) with the leave of the
Commission, by an agent; or
(c) by a legal practitioner. ".
s. 31(3)
s. 31(5)
s. 32 Section 32(1) is to be read as if a
reference to "Where an industrial
matter has been referred to the
Commission the Commission shall"
were a reference to "If the
Commission is dealing with an
appeal instituted under the Police
Act 1892 section 33ZI, the
Commission may recommend that
the parties to the appeal".
page 16
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
References to "the matter" and "an
industrial matter" are to be read as if
they were references to "the appeal".
For the purposes of subsections (2)
and (3), Commission does not
include an industrial Commissioner
constituting the WAIRC to hear the
appeal.
Subsections (4), (6), (7) and (8) do
not apply.
s. 33 A summons may not be issued under
section 33(1)(a) to the Governor.
A summons may be issued to the
Police Commissioner or the Minister
but only at the direction of an
industrial Commissioner if that
industrial Commissioner is satisfied
that there are extraordinary grounds
for doing so.
A summons may not be issued to any
other person except at the direction
of an industrial Commissioner.
s. 34 A reference in subsection (1) to "an
award, order or declaration" is to be
read as if it were a reference to "an
order".
A reference in subsection (4) to "no
award, order, declaration, finding, or
proceeding" is to be read as if it were
a reference to "no decision, order,
finding or proceeding".
s. 35
s. 36
page 17
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
s. 86 But not in relation to costs and
expenses other than expenses of
witnesses.
s. 90 A reference in subsection (1) to "any
decision of the Full Bench, the
Commission on an application under
section 49(11) or the Commission in
Court Session" is to be read as if it
were a reference to "a decision of the
Commission under the Police
Act 1892 section 33ZM".
1 33ZM. Decision by the WAIRC
2 (1) This section applies if the WAIRC decides on the
3 appeal that the disputed decision was harsh, oppressive
4 or unfair.
5 (2) Unless an order is made under subsection (3), the
6 WAIRC may order that the appellant's retirement on
7 medical grounds is, and is to be taken to have always
8 been, of no effect.
9 (3) If, and only if, the WAIRC considers that it is
10 impracticable for it to be taken that the appellant's
11 retirement on medical grounds is, and has always been,
12 of no effect, the WAIRC may instead of making an
13 order under subsection (2), subject to subsections (5)
14 and (6), order the Police Commissioner to pay the
15 appellant an amount of compensation for loss or injury
16 caused by the retirement.
17 (4) In considering whether it is impracticable for it to be
18 taken that the appellant's retirement is, and has always
19 been, of no effect it is relevant to consider --
20 (a) whether the position occupied by the appellant
21 on the retirement day is vacant; and
page 18
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 (b) whether there is another suitable vacant
2 position.
3 (5) In deciding the amount of compensation for the
4 purpose of making an order under subsection (3), the
5 WAIRC must have regard to --
6 (a) the efforts, if any, of the Police Commissioner
7 and the appellant to mitigate the loss suffered
8 by the appellant as a result of the retirement;
9 and
10 (b) any maintenance payment received by the
11 appellant under section 33ZF; and
12 (c) any redress the appellant has obtained under
13 another enactment where the evidence
14 necessary to establish that redress is also the
15 evidence necessary to establish on the appeal
16 that the disputed decision was harsh, oppressive
17 or unfair; and
18 (d) any other matter that the WAIRC considers
19 relevant.
20 (6) The amount ordered to be paid under subsection (3)
21 must not exceed 12 months' remuneration as a
22 member.
23 (7) For the purpose of subsection (5), the WAIRC may
24 calculate the amount on the basis of the average rate of
25 remuneration as a member received by the appellant
26 during any relevant period of service.
27 (8) If the WAIRC makes an order under subsection (2), the
28 appellant is not entitled to be paid the appellant's
29 remuneration as a member for any period the appellant
30 received a maintenance payment under section 33ZF.
31 (9) An order under this section may require that it be
32 complied with within a specified time.
page 19
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 6
1 33ZN. Restriction on publication
2 (1) If the WAIRC is satisfied that it is in the public
3 interest, it may direct that either or both of the
4 following must not be published or must not be
5 published except in the manner, and to the persons, the
6 WAIRC specifies --
7 (a) any evidence given before the WAIRC on the
8 appeal;
9 (b) the contents of any document produced to the
10 WAIRC on the appeal.
11 (2) A person must not make a publication in contravention
12 of a direction given under this section.
13 Penalty for this subsection: imprisonment for
14 12 months and a fine of $4 000.
15 Division 4 -- General
16 33ZO. Failure to comply with procedure
17 An act or omission of the Governor, the Minister or the
18 Police Commissioner is not invalid, and must not be
19 called into question, on the ground of a failure to
20 comply with any procedure prescribed under
21 Division 2, or under regulations relating to Division 2,
22 if the failure is not substantive.
23 33ZP. Transfer, standing down and leave of member
24 (1) Nothing in this Part derogates from the Police
25 Commissioner's power to --
26 (a) transfer a member; or
27 (b) stand a member down from performing that
28 member's usual duties on full pay until the
29 member is directed by the Police Commissioner
30 to return to those duties; or
page 20
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 6
1 (c) allocate duties to a member other than the
2 member's usual duties.
3 (2) If the Police Commissioner stands down a member
4 who is being dealt with under this Part, the Police
5 Commissioner must review the decision to stand the
6 member down every 60 days and advise the member in
7 writing of the result of the review.
8 (3) The Police Commissioner must not direct a member
9 who is being dealt with under this Part to take leave
10 during the period the member is being dealt with under
11 this Part unless the leave is leave that has accrued
12 during any period that the member is stood down from
13 performing the member's usual duties.
14 33ZQ. Transitional provision
15 (1) In this section --
16 commencement day means the day on which the
17 Police Amendment (Medical Retirement) Act 2019
18 section 6 comes into operation.
19 (2) This section applies if the Police Commissioner --
20 (a) gives a direction to a member under the Police
21 Force Regulations 1979 regulation 1402 before
22 the commencement day; but
23 (b) as at the time immediately before the
24 commencement day, has not yet decided
25 whether to take removal action (as defined in
26 section 33K) in relation to the member.
27 (3) The matter is to be continued and completed under this
28 Part instead of regulation 1402, Part IIB and, as the
29 case may be, section 8, 38B(4) or 38G(4).
page 21
Police Amendment (Medical Retirement) Bill 2019
Part 2 Police Act 1892 amended
s. 7
1 (4) Without limiting subsection (3) --
2 (a) the Police Commissioner's direction under
3 regulation 1402 is taken to be a direction under
4 section 33ZC; and
5 (b) any medical board constituted under
6 regulation 1402 on the Police Commissioner's
7 direction is taken to be a medical board under
8 section 33ZC and anything done by, or in
9 relation to, the board under regulation 1402 is
10 taken to have been done by, or in relation to,
11 the board under this Part or any relevant
12 regulations relating to this Part; and
13 (c) anything else done in relation to the matter
14 under regulation 1402, or under Part IIB or any
15 other regulation relating to that Part, or under
16 section 8, 38B(4) or 38G(4), is taken to have
17 been done under this Part or any relevant
18 regulations relating to this Part; and
19 (d) this Part, and any regulations relating to this
20 Part, apply with any necessary modifications.
21
22 7. Section 138A amended
23 After section 138A(4) insert:
24
25 (5) Without limiting subsection (1), regulations may be
26 made --
27 (a) requiring and regulating the provision of
28 documents or other material by the
29 Commissioner of Police to a member who has
30 been given a direction under section 33ZC;
31 (b) prescribing the procedure to be followed in
32 relation to a retirement on medical grounds
33 under Part IIC;
page 22
Police Amendment (Medical Retirement) Bill 2019
Police Act 1892 amended Part 2
s. 7
1 (c) prescribing restrictions, in relation to any
2 period during which consideration is being
3 given to a member's retirement on medical
4 grounds under Part IIC, on the exercise of any
5 power of the Commissioner of Police or the
6 Governor to suspend the member's pay; and
7 (d) prescribing the means of service of documents
8 that are required to be served under Part IIC or
9 regulations relating to that Part.
10
page 23
Police Amendment (Medical Retirement) Bill 2019
Part 3 Industrial Relations Act 1979 amended
s. 8
1 Part 3 -- Industrial Relations Act 1979 amended
2 8. Act amended
3 This Part amends the Industrial Relations Act 1979.
4 9. Section 113 amended
5 In section 113(1)(d)(i) after "33P" insert:
6
7 or 33ZI
8
9
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