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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Police (Former Officers' Medical and Other
Expenses) Bill 2008
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Liability to pay amounts for
medical and other expenses
4. Police Commissioner liable 4
5. Calculating amount payable 4
6. Person not to be paid twice 5
Part 3 -- Dispute resolution
7. Procedure under WC&IM Act applies 6
8. Time limits under WC&IM Act do not apply 6
9. Arbitrator's decision not final for other
proceedings 6
Part 4 -- Claims management
10. Terms used in this Part 7
11. Insurance Commission to manage claims for first
3 years 7
12. Management of claims after first 3 years 7
13. Police Commissioner is public authority 8
292--1B page i
Police (Former Officers' Medical and Other Expenses) Bill 2008
Contents
Part 5 -- Miscellaneous matters
14. Appropriate changes to WC&IM Act 9
15. Regulations 9
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Police (Former Officers' Medical and Other
Expenses) Bill 2008
A Bill for
An Act --
• to provide for the payment of medical and other expenses
incurred by former police officers and former Aboriginal police
liaison officers in respect of employment-related injuries; and
• to provide for the resolution of disputes in connection with claims
for payment of amounts, or liability to pay amounts, under this
Act; and
• to provide for the management of claims for payment of amounts
under this Act,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Police (Former Officers' Medical and Other Expenses) Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Police (Former Officers' Medical and Other
Expenses) Act 2008.
5 2. Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
3. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"APLO" has the meaning given in the Police Act 1892
section 38A;
15 "appropriate changes", to the WC&IM Act, has the meaning
given in section 14;
"claim" means a claim for payment of an amount under
section 4(1);
"former officer" means a person who has ceased (whether
20 before or after the commencement of section 4(1)) to be --
(a) a police officer; or
(b) an APLO;
"injury" has the meaning given in the WC&IM Act
section 5(1);
25 "Police Commissioner" means the Commissioner of Police
appointed under the Police Act 1892 section 5;
"WC&IM Act" means the Workers' Compensation and Injury
Management Act 1981.
page 2
Police (Former Officers' Medical and Other Expenses) Bill 2008
Preliminary matters Part 1
s. 3
(2) For the purpose of applying a provision of the WC&IM Act
under this Act --
(a) a reference in the WC&IM Act to a worker is read as a
reference to a former officer; and
5 (b) a reference in the WC&IM Act to a worker's employer
is read as a reference to the Police Commissioner; and
(c) a reference in the WC&IM Act to a worker's
employment is read as a reference to a former officer's
employment as a police officer or APLO.
page 3
Police (Former Officers' Medical and Other Expenses) Bill 2008
Part 2 Liability to pay amounts for medical and other expenses
s. 4
Part 2 -- Liability to pay amounts for medical and
other expenses
4. Police Commissioner liable
(1) The Police Commissioner is liable to pay an amount for medical
5 and other expenses incurred or likely to be incurred by a former
officer on or after 1 July 2007 as a result of an injury to the
officer.
(2) The amount is payable in accordance with section 5.
(3) The Police Commissioner is not liable to pay an amount under
10 subsection (1) in respect of an injury if the injury is attributable
to --
(a) the officer's voluntary consumption of alcohol or a drug
of addiction within the meaning given in the Poisons
Act 1964 section 5(1), or both, that impaired the proper
15 functioning of the officer's faculties; or
(b) the officer's failure without reasonable excuse (proof of
which is on the officer) to use protective equipment,
clothing or accessories provided by the Police
Commissioner for the officer's use; or
20 (c) other serious and wilful misconduct of the officer,
unless the injury has serious and permanent effects or results in
death.
5. Calculating amount payable
(1) The amount payable under section 4(1) is calculated in
25 accordance with the WC&IM Act Schedule 1 clause 17 (other
than subclauses (1aa), (1a) and (6)) and clause 19, and that Act
(with the appropriate changes) applies accordingly.
(2) To avoid doubt, the amount payable under section 4(1) in
respect of an injury does not include any amount in respect of
30 the injury that became payable by the Police Commissioner
before the former officer ceased to be a police officer or APLO.
page 4
Police (Former Officers' Medical and Other Expenses) Bill 2008
Liability to pay amounts for medical and other expenses Part 2
s. 6
6. Person not to be paid twice
(1) An amount is not payable under section 4(1) for medical or
other expenses to the extent of --
(a) any amount received for those medical or other expenses
5 under the laws of a place outside the State; or
(b) the amount of any judgment for those medical or other
expenses obtained independently of this Act; or
(c) the amount received in compromise of any claim for
those medical or other expenses made independently of
10 this Act; or
(d) any amount received for those medical or other expenses
as an act of grace payment.
(2) If a person receives an amount under section 4(1) for medical or
other expenses and subsequently --
15 (a) receives an amount for those medical or other expenses
under the laws of a place outside the State; or
(b) obtains judgment for an amount for those medical or
other expenses independently of this Act; or
(c) receives an amount in compromise of any claim for
20 those medical or other expenses made independently of
this Act; or
(d) receives an amount for those medical or other expenses
as an act of grace payment,
the amount specified in subsection (3) is recoverable in a court
25 of competent jurisdiction as a debt due from the person to the
Police Commissioner.
(3) The amount recoverable under subsection (2) is the lesser of --
(a) the amount paid under section 4(1); and
(b) the amount received or for which judgment was
30 obtained.
page 5
Police (Former Officers' Medical and Other Expenses) Bill 2008
Part 3 Dispute resolution
s. 7
Part 3 -- Dispute resolution
7. Procedure under WC&IM Act applies
The WC&IM Act applies (with the appropriate changes) in
relation to the determination of a dispute in connection with a
5 claim, or liability to pay an amount under section 4(1), as if the
dispute were a dispute within the meaning given in the WC&IM
Act section 176(1).
8. Time limits under WC&IM Act do not apply
Despite section 7, the following provisions of the WC&IM Act
10 do not apply in relation to a claim or the recovery of an amount
under section 4(1) --
(a) sections 178(1)(b), 231(2)(a) and 241(2)(a);
(b) Schedule 1 clause 18B.
9. Arbitrator's decision not final for other proceedings
15 Despite the WC&IM Act section 187, for the purposes of an
action for damages brought independently of this Act, a
decision of an arbitrator in relation to a dispute referred to in
section 7 is not final or binding on the parties to the dispute.
page 6
Police (Former Officers' Medical and Other Expenses) Bill 2008
Claims management Part 4
s. 10
Part 4 -- Claims management
10. Terms used in this Part
In this Part --
"claims management period" means the period for which an
5 arrangement entered into under section 11 or 12(1)(b)
or (3) will be in force;
"Insurance Commission" means the Insurance Commission of
Western Australia continued under the Insurance
Commission of Western Australia Act 1986 section 4(1).
10 11. Insurance Commission to manage claims for first 3 years
The Insurance Commission will manage claims on the Police
Commissioner's behalf for the period of 3 years beginning on
the day on which section 4(1) commences in accordance with
the terms to be agreed before that day between the Police
15 Commissioner and the Insurance Commission.
12. Management of claims after first 3 years
(1) Before the end of a claims management period, the Police
Commissioner must --
(a) review the arrangement for the management of claims
20 on the Police Commissioner's behalf; and
(b) enter into a new arrangement for that management with
the Insurance Commission or another person for the
period (not less than 12 months) from the end of the
claims management period that is specified in the new
25 arrangement.
(2) Subsection (1) does not prevent an arrangement for the
management of claims being terminated before the end of a
claims management period in accordance with the terms of the
arrangement.
page 7
Police (Former Officers' Medical and Other Expenses) Bill 2008
Part 4 Claims management
s. 13
(3) If an arrangement is terminated as described in subsection (2),
the Police Commissioner must enter into a new arrangement for
the management of claims on the Police Commissioner's behalf
with the Insurance Commission or another person for the period
5 (not less than 12 months) that is specified in the new
arrangement.
13. Police Commissioner is public authority
For the purpose of an arrangement with the Insurance
Commission entered into under section 11 or 12(1)(b) or (3), the
10 Police Commissioner is a public authority within the meaning
given in the Insurance Commission of Western Australia
Act 1986 section 3.
page 8
Police (Former Officers' Medical and Other Expenses) Bill 2008
Miscellaneous matters Part 5
s. 14
Part 5 -- Miscellaneous matters
14. Appropriate changes to WC&IM Act
Appropriate changes to the WC&IM Act are --
(a) any changes to that Act that are prescribed by the
5 regulations; and
(b) any other changes to that Act that are necessary or
convenient to give effect to this Act.
15. Regulations
The Governor may make regulations prescribing matters --
10 (a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for giving
effect to this Act.
page 9
Police (Former Officers' Medical and Other Expenses) Bill 2008
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
APLO ..........................................................................................................3(1)
appropriate changes......................................................................................3(1)
claim ...........................................................................................................3(1)
claims management period ............................................................................. 10
former officer...............................................................................................3(1)
injury...........................................................................................................3(1)
Insurance Commission ................................................................................... 10
Police Commissioner ...................................................................................3(1)
WC&IM Act................................................................................................3(1)
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