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This is a Bill, not an Act. For current law, see the Acts databases.


POLICE AMENDMENT (DEATH AND DISABILITY) BILL 2005





                        New South Wales




Police Amendment (Death and
Disability) Bill 2005


Contents

                                                                        Page
          1    Name of Act                                                2
          2    Commencement                                               2
          3    Amendment of Police Act 1990 No 47                         2
          4    Amendment of State Authorities Superannuation Act 1987
               No 211                                                     2
           5   Amendment of Police Regulation 2000                        2
  Schedule 1   Amendment of Police Act 1990                               3
  Schedule 2   Amendment of State Authorities Superannuation Act 1987     6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.


                                                 Clerk of the Legislative Assembly.
                                                 Legislative Assembly,
                                                 Sydney,                     , 2005




                              New South Wales




Police Amendment (Death and
Disability) Bill 2005
Act No      , 2005




An Act to amend the Police Act 1990 and the State Authorities Superannuation Act
1987 with respect to death and incapacity benefits for police officers; and for other
purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.


                           Chairman of Committees of the Legislative Assembly.
Clause 1      Police Amendment (Death and Disability) Bill 2005




The Legislature of New South Wales enacts:
 1    Name of Act
           This Act is the Police Amendment (Death and Disability) Act 2005.
 2    Commencement
           This Act commences on a day or days to be appointed by proclamation.
 3    Amendment of Police Act 1990 No 47
           The Police Act 1990 is amended as set out in Schedule 1.
 4    Amendment of State Authorities Superannuation Act 1987 No 211
           The State Authorities Superannuation Act 1987 is amended as set out in
           Schedule 2.
 5    Amendment of Police Regulation 2000
           The Police Regulation 2000 is amended by omitting "section 216" from
           clause 105 and by inserting instead "section 216AA".




Page 2
Police Amendment (Death and Disability) Bill 2005

Amendment of Police Act 1990                                            Schedule 1




Schedule 1              Amendment of Police Act 1990
                                                                           (Section 3)
[1]   Section 216 Special risk benefit where certain police officers hurt on
      duty
      Omit the section.
[2]   Section 216AA Special risk benefit where student of policing hurt while
      undergoing police education
      Omit the definition of CF from section 216AA (3). Insert instead:
                  CF is the capitalisation factor, prescribed for the purposes of this
                  section by the regulations, for the sex of the student and for the
                  age of the student on the day on which the student was injured
                  while undergoing a police education course.
[3]   Section 216A Determination by District Court
      Omit section 216A (1) and (2). Insert instead:
              (1)   An application to the District Court for a determination in
                    relation to a decision of the Commissioner under section 216AA
                    may be made by:
                     (a) a student of policing referred to in section 216AA (1), or
                    (b) the spouse or personal representative of a student of
                           policing referred to in section 216AA (2),
                    within 6 months after the decision is notified in writing to the
                    student, spouse or personal representative.
              (2)   If within 6 months after a student of policing to whom section
                    216AA applies suffers an injury that renders the student totally
                    and permanently incapacitated for work, or dies, the
                    Commissioner fails or refuses to make a decision under that
                    section in relation to the student, the Commissioner is taken, for
                    the purposes of this section, to have made a decision under that
                    section to refuse to pay any amount in relation to the student.
[4]   Section 216A (5)
      Omit "216 or".
[5]   Schedule 4 Savings, transitional and other provisions
      Insert at the end of clause 2 (1):
                    Police Amendment (Death and Disability) Act 2005




                                                                              Page 3
                 Police Amendment (Death and Disability) Bill 2005

Schedule 1       Amendment of Police Act 1990




[6]   Schedule 4, Part 22
      Insert after Part 21:

      Part 22 Provisions consequent on enactment of
              Police Amendment (Death and Disability)
              Act 2005
         68   Definitions
                    In this Part:
                    amending Act means the Police Amendment (Death and
                    Disability) Act 2005.
                    death or incapacity benefit means a benefit payable to or in
                    respect of a police officer under a police officers award (whether
                    provided for in that award or by or under any Act, law or
                    instrument) if:
                     (a) the police officer dies, or
                    (b) the police officer suffers total and permanent incapacity or
                           partial and permanent incapacity.
                    hurt on duty has the same meaning as in section 216 (6) (as in
                    force immediately before its repeal by the amending Act).
                    police officers award means a State industrial instrument
                    applying to police officers and prescribed by the regulations for
                    the purposes of this definition.
         69   Savings in relation to special risk benefits
              (1)   Sections 216 and 216A (as in force immediately before the
                    commencement of Schedule 1 [1] to the amending Act) continue
                    to apply to and in respect of a police officer as if those sections
                    had not been repealed and amended, respectively, if:
                     (a) the police officer was hurt on duty before the repeal of
                          section 216, and
                    (b) he or she is not subsequently entitled to a death or
                          incapacity benefit in respect of that injury.
              (2)   If an amount is paid under section 216 or 216A (as in force
                    immediately before the commencement of Schedule 1 [1] to the
                    amending Act) in relation to a physical or mental injury for which
                    a death or incapacity benefit is also paid, the person to whom the
                    amount is paid is liable to repay the amount to the Commissioner.
              (3)   Any amount due to the Commissioner under this clause may be
                    recovered as a debt in a court of competent jurisdiction.


Page 4
Police Amendment (Death and Disability) Bill 2005

Amendment of Police Act 1990                                      Schedule 1




              (4)   Subclauses (2) and (3) apply whether or not the amount was
                    received before or after the commencement of this clause.




                                                                       Page 5
                 Police Amendment (Death and Disability) Bill 2005

Schedule 2       Amendment of State Authorities Superannuation Act 1987




Schedule 2              Amendment of State Authorities
                        Superannuation Act 1987
                                                                              (Section 4)
[1]    Part 5D
       Insert after Part 5C:

       Part 5D Death or incapacity benefits for police
               officers
      46AI   Definitions
                    In this Part:
                    amending Act means the Police Amendment (Death and
                    Disability) Act 2005.
                    death or incapacity benefit means a benefit payable to or in
                    respect of a police officer under a police officers award (whether
                    provided for in that award or by or under any Act, law or
                    instrument) if:
                     (a) the police officer dies, or
                    (b) the police officer suffers total and permanent incapacity or
                           partial and permanent incapacity.
                    police officers award means a State industrial instrument
                    applying to police officers and prescribed by the regulations for
                    the purposes of this definition.
      46AJ   Application of Part
                    This Part has effect despite any other provision of this Act or the
                    regulations.
      46AK   Provision to be made with respect to death or incapacity benefits
             for police officers
              (1)   The regulations may make provision for or with respect to the
                    following:
                     (a) the effect on coverage under this Act for an additional
                          benefit, and liability to pay the additional benefit levy, of a
                          contributor or former contributor who is or was a police
                          officer and who is covered for a death or incapacity
                          benefit,




Page 6
Police Amendment (Death and Disability) Bill 2005

Amendment of State Authorities Superannuation Act 1987                     Schedule 2




                     (b)   preventing the repayment of any additional benefit levy
                           paid by a contributor or former contributor who is or was
                           a police officer,
                     (c)   any other matter that is necessary or convenient for the
                           purposes of complying with or giving effect to a police
                           officers award or this Part.
              (2)   Any such regulations may take effect from the date of
                    commencement of this Part, as inserted by the amending Act, or
                    the date on which a police officers award first applies to a police
                    officer (whichever is earlier).
              (3)   Without limiting section 46AJ, regulations may be made under
                    this Part that are inconsistent with Part 3, 4, 5 or 6 of this Act, or
                    any regulations made under those Parts, but only to the extent that
                    the inconsistency with any of those provisions is necessary for
                    the purpose of compliance with or giving effect to a police
                    officers award.
[2]   Schedule 6 Savings and transitional provisions
      Insert at the end of clause 1 (1):
                    Police Amendment (Death and Disability) Act 2005




                                                                                 Page 7


 


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