{"id":"police-medical-and-other-expenses-for-former-officers-act-2008","name":"Police (Medical and Other Expenses for Former Officers) Act 2008","slug":"police-medical-and-other-expenses-for-former-officers-act-2008","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106176,"registerId":"wa-police-medical-and-other-expenses-for-former-officers-act-2008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Police (Medical and Other Expenses for Former Officers) Act 2008","content":"![Crest]()Western Australia\n\nPolice (Medical and Other Expenses for Former Officers) Act 2008\n\nWestern Australia\n\nPolice (Medical and Other Expenses for Former Officers) Act 2008\n\nContents\n\nPart 1 — Preliminary matters\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used in this Act 2\n\nPart 2 — Liability to pay amounts for medical and other expenses\n\n4. Police Commissioner liable 4\n\n5. Calculating amount payable 4\n\n6. Person not to be paid twice 5\n\nPart 3 — Dispute resolution\n\n7. Procedure under WCIM Act applies 7\n\n8. Time limits under WCIM Act do not apply 7\n\n9. Arbitrator’s decision not final for other proceedings 7\n\nPart 4 — Claims management\n\n10. Terms used in this Part 8\n\n11. Insurance Commission to manage claims for first 3 years 8\n\n12. Management of claims after first 3 years 8\n\n13. Police Commissioner is public authority 9\n\nPart 5 — Miscellaneous matters\n\n14. Appropriate changes to WCIM Act 10\n\n15. Regulations 10\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australia\n\nPolice (Medical and Other Expenses for Former Officers) Act 2008\n\nAn Act —\n\n- 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\n- to provide for the resolution of disputes in connection with claims for payment of amounts, or liability to pay amounts, under this Act; and\n- to provide for the management of claims for payment of amounts under this Act,\n\n\nand for related purposes.\n\n## Part 1 — Preliminary matters\n\n##### 1. Short title\n\nThis is the *Police (Medical and Other Expenses for Former Officers) Act 2008*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used in this Act\n\n(1) In this Act, unless the contrary intention appears —\n\n  APLO has the meaning given in the *Police Act 1892* section 38A;\n\n  appropriate changes, to the WCIM Act, has the meaning given in section 14;\n\n  claim means a claim for payment of an amount under section 4(1);\n\n  former officer means a person who has ceased (whether before or after the commencement of section 4(1)) to be —\n\n(a) a police officer; or\n\n(b) an APLO;\n\ninjury has the meaning given in the WCIM Act section 5;\n\n  Police Commissioner means the Commissioner of Police appointed under the *Police Act 1892* section 5;\n\nWCIM Act means the *Workers Compensation and Injury Management Act 2023*.\n\n(2) For the purpose of applying a provision of the WCIM Act under this Act —\n\n(a) a reference in the WCIM Act to a worker is read as a reference to a former officer; and\n\n(b) a reference in the WCIM Act to a worker’s employer is read as a reference to the Police Commissioner; and\n\n(c) a reference in the WCIM Act to a worker’s employment is read as a reference to a former officer’s employment as a police officer or APLO.\n\n[Section 3 amended: No. 21 of 2023 s. 693.]\n\n## Part 2 — Liability to pay amounts for medical and other expenses\n\n##### 4. Police Commissioner liable\n\n(1) The Police Commissioner is liable to pay an amount for medical 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.\n\n(2) The amount is payable in accordance with section 5.\n\n(3) The Police Commissioner is not liable to pay an amount under subsection (1) in respect of an injury if the injury is attributable to —\n\n(a) the officer’s voluntary consumption of alcohol or a drug of addiction within the meaning given in the *Medicines and Poisons Act 2014* section 77(1), or both, that impaired the proper functioning of the officer’s faculties; or\n\n(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\n\n(c) other serious and wilful misconduct of the officer,\n\nunless the injury has serious and permanent effects or results in death.\n\n[Section 4 amended: No. 13 of 2014 s. 187.]\n\n##### 5. Calculating amount payable\n\n(1) The amount payable under section 4(1) is calculated in accordance with the WCIM Act sections 70(1), 71, 72, 75, 82(1), 83 (other than paragraphs (d) and (g)), 84 to 87, 89 and 90, and that Act (with the appropriate changes) applies accordingly.\n\n(2) To avoid doubt, the amount payable under section 4(1) in respect of an injury does not include any amount in respect of the injury that became payable by the Police Commissioner before the former officer ceased to be a police officer or APLO.\n\n[Section 5 amended: No. 21 of 2023 s. 694.]\n\n##### 6. Person not to be paid twice\n\n(1) An amount is not payable under section 4(1) for medical or other expenses to the extent of —\n\n(a) any amount received for those medical or other expenses under the laws of a place outside the State; or\n\n(b) the amount of any judgment for those medical or other expenses obtained independently of this Act; or\n\n(c) the amount received in compromise of any claim for those medical or other expenses made independently of this Act; or\n\n(d) any amount received for those medical or other expenses as an act of grace payment.\n\n(2) If a person receives an amount under section 4(1) for medical or other expenses and subsequently —\n\n(a) receives an amount for those medical or other expenses under the laws of a place outside the State; or\n\n(b) obtains judgment for an amount for those medical or other expenses independently of this Act; or\n\n(c) receives an amount in compromise of any claim for those medical or other expenses made independently of this Act; or\n\n(d) receives an amount for those medical or other expenses as an act of grace payment,\n\nthe amount specified in subsection (3) is recoverable in a court of competent jurisdiction as a debt due from the person to the Police Commissioner.\n\n(3) The amount recoverable under subsection (2) is the lesser of —\n\n(a) the amount paid under section 4(1); and\n\n(b) the amount received or for which judgment was obtained.\n\n## Part 3 — Dispute resolution\n\n##### 7. Procedure under WCIM Act applies\n\nThe WCIM Act applies (with the appropriate changes) in relation to the determination of a dispute in connection with a claim, or liability to pay an amount under section 4(1), as if the dispute were a dispute within the meaning given in the WCIM Act section 303.\n\n[Section 7 amended: No. 21 of 2023 s. 695.]\n\n##### 8. Time limits under WCIM Act do not apply\n\nDespite section 7, the WCIM Act sections 25(1) and 78(6) do not apply in relation to a claim or the recovery of an amount under section 4(1) of this Act.\n\n[Section 8 inserted: No. 21 of 2023 s. 696.]\n\n##### 9. Arbitrator’s decision not final for other proceedings\n\nDespite the WCIM Act section 355, 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.\n\n[Section 9 amended: No. 21 of 2023 s. 697.]\n\n## Part 4 — Claims management\n\n##### 10. Terms used in this Part\n\nIn this Part —\n\n  claims management period means the period for which an arrangement entered into under section 11 or 12(1)(b) or (3) will be in force;\n\n  Insurance Commission means the Insurance Commission of Western Australia continued under the *Insurance Commission of Western Australia Act 1986* section 4(1).\n\n##### 11. Insurance Commission to manage claims for first 3 years\n\nThe 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 Commissioner and the Insurance Commission.\n\n##### 12. Management of claims after first 3 years\n\n(1) Before the end of a claims management period, the Police Commissioner must —\n\n(a) review the arrangement for the management of claims on the Police Commissioner’s behalf; and\n\n(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 arrangement.\n\n(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.\n\n(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 (not less than 12 months) that is specified in the new arrangement.\n\n##### 13. Police Commissioner is public authority\n\nFor the purpose of an arrangement with the Insurance Commission entered into under section 11 or 12(1)(b) or (3), the Police Commissioner is a public authority within the meaning given in the *Insurance Commission of Western Australia Act 1986* section 3.\n\n## Part 5 — Miscellaneous matters\n\n##### 14. Appropriate changes to WCIM Act\n\nAppropriate changes to the WCIM Act are —\n\n(a) any changes to that Act that are prescribed by the regulations; and\n\n(b) any other changes to that Act that are necessary or convenient to give effect to this Act.\n\n[Section 14 amended: No. 21 of 2023 s. 698.]\n\n##### 15. Regulations\n\nThe Governor may make regulations prescribing matters —\n\n(a) required or permitted to be prescribed by this Act; or\n\n(b) necessary or convenient to be prescribed for giving effect to this Act.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Police (Medical and Other Expenses for Former Officers) Act 2008* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Police (Medical and Other Expenses for Former Officers) Act 2008* | 46 of 2008 | 10 Dec 2008 | s. 1 and 2: 10 Dec 2008 (see s. 2(a));   Act other than s. 1 and 2: 1 Jul 2009 (see s. 2(b) and *Gazette* 23 Jun 2009 p. 2424) |\n| *Medicines and Poisons Act 2014* s. 187 | 13 of 2014 | 2 Jul 2014 | 30 Jan 2017 (see s. 2(b) and *Gazette* 17 Jan 2017 p. 403) |\n| *Workers Compensation and Injury Management Act 2023* Pt. 15 Div. 3 Subdiv. 14 | 21 of 2023 | 24 Oct 2023 | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAPLO 3(1)\n\nappropriate changes 3(1)\n\nclaim 3(1)\n\nclaims management period 10\n\nformer officer 3(1)\n\ninjury 3(1)\n\nInsurance Commission 10\n\nPolice Commissioner 3(1)\n\nWCIM Act 3(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The core statutory purpose—making the Police Commissioner liable to meet medical and related expenses of former officers for employment‑related injuries—remains the Act's original intent. Subsequent amendments updated the machinery by tying calculation and dispute procedures to the new WCIM Act (2023) and adjusted definitions (s.3) and procedure (notably s.8, which removes certain WCIM Act time limits for claims under this Act). Those changes did not alter the set of beneficiaries materially but did change the procedural and temporal scope: pulling in the WCIM Act broadens the procedural framework that governs claims, and removing specific time limits expands potential claimability (and the Police Commissioner’s exposure) by allowing claims that might otherwise have been time‑barred under the WCIM Act. In sum, scope has shifted more in process and exposure (procedural reach and temporal availability of claims) than in the Act’s substantive beneficiary or policy objective."},"complexity_factors":["Relies heavily on cross-references to the WCIM Act for calculation and dispute procedure (multiple specific sections imported in s.5 and s.7)","Approximately 9–10 defined terms (APLO, appropriate changes, claim, former officer, injury, Police Commissioner, WCIM Act, claims management period, Insurance Commission) across ss.3 and 10","Conditional exclusions with exceptions in s.4(3) (intoxication, failure to use protective equipment, serious wilful misconduct — but subject to override where injury causes serious and permanent effects or death)","Recovery and offset rules in s.6 with several alternative sources of prior payments (overseas law, independent judgments, compromises, acts of grace) and a recoverable lesser‑of formula (s.6(3))","Dispute resolution applies the WCIM Act but carves out particular time limits and the finality of arbitration for separate damages actions (ss.7–9), creating layered procedural rules","Claims management regime with a defined initial period (3 years) and ongoing mandatory review and arrangements (ss.11–12) — administrative sequencing adds operational complexity","Delegation and rule‑making levers (s.14–15) mean substantive operation depends on regulations and \"appropriate changes\", increasing interpretive workload","Amendments over time (notably 2014 Medicines and Poisons change and the 2023 WCIM Act linkage) mean readers must track updates to understand current operation"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes the Police Commissioner as the person legally required to pay for medical and certain other expenses for former police officers and former Aboriginal police liaison officers (APLOs) when those expenses arise from an employment‑related injury occurring on or after 1 July 2007 (see s.4).\n- Tells how to calculate those amounts by importing specific provisions of the Workers Compensation and Injury Management Act 2023 (WCIM Act) with necessary adjustments (see s.5 and s.3(2)).\n- Limits payment in some cases where the former officer’s voluntary intoxication, failure to use provided protective equipment without reasonable excuse, or other serious and wilful misconduct caused the injury — though those exclusions do not apply if the injury causes serious and permanent effects or death (see s.4(3)).\n- Prevents double recovery: payments under this Act are reduced by or recoverable against amounts the person has received elsewhere for the same medical or other expenses (see s.6).\n- Makes the dispute procedures and arbitration framework of the WCIM Act apply to disputes about claims under this Act, but excludes certain WCIM Act time limits and preserves parties’ rights to bring separate actions for damages (see ss.7–9).\n- Directs that the Insurance Commission of Western Australia will manage these claims on the Police Commissioner’s behalf for the first three years and requires the Police Commissioner to make ongoing management arrangements thereafter (see ss.11–13).\n- Gives the Governor power to make regulations and to prescribe any changes to the WCIM Act needed to make this Act work (see ss.14–15).\n\nWho is affected\n\n- Former police officers and former APLOs who suffer employment‑related injuries on or after 1 July 2007 and who incur medical or related expenses because of those injuries (defined term: \"former officer\", s.3).\n- The Police Commissioner, who becomes legally liable to pay these expenses and must arrange claim management (ss.4, 11–13).\n- The Insurance Commission (initially) or any entity the Commissioner appoints to manage claims (ss.11–12).\n- Other payers (overseas schemes, judgments or settlements obtained independently) whose payments reduce the amount payable under this Act, and courts asked to recover overpayments (s.6).\n\nWhy this matters (stated purpose, and practical implications)\n\n- The Act's stated purpose is to ensure former officers can have medical and related expenses met where those expenses arise from work‑related injury (long title; ss.4–5). Practically, this shifts the financial responsibility for post‑employment injury‑related medical costs onto the Police Commissioner acting as the statutory payer (s.4). The practical mechanics are: eligibility is assessed by reference to the WCIM Act (s.5 and s.3(2)); disputes use WCIM procedures (s.7) but some WCIM time limits do not apply (s.8).\n\nCosts, incentives and trade‑offs (how behaviour and budgets change)\n\n- Who pays: the Police Commissioner is the legal payer (s.4). That places a financial liability on the police agency’s budget (or on funds it allocates), and the Police Commissioner must arrange claim management (ss.11–13).\n- Who decides: entitlement calculations and dispute procedures follow the WCIM Act (s.5; s.7), so determinations are made under an existing workers' compensation framework rather than a bespoke new tribunal. The Insurance Commission manages claims initially (s.11), meaning an administrative actor with insurance expertise handles claims early on.\n- Incentives for former officers: the Act provides a statutory route to recover medical and other expenses after employment ends, which can increase the likelihood of claims being brought after separation from service. However, conduct‑based exclusions (intoxication, not using supplied protective equipment, serious wilful misconduct) can deny payment unless injury causes serious and permanent harm or death (s.4(3)). That creates a conditional deterrent against unsafe or reckless behaviour while preserving coverage for severe outcomes.\n- Incentives for the Police Commissioner / employer: the Commissioner bears financial exposure and must manage claims, so there is a concrete budgetary incentive to invest in risk mitigation, protective equipment provision and supervision. The Commissioner may also seek to control administrative costs by contracting claims management (ss.11–12).\n- Interaction with other payments: the Act prevents double recovery — amounts paid elsewhere (foreign law, independent judgments, settlements, or acts of grace) reduce or are recoverable against payments under this Act (s.6). This preserves net fiscally equivalent outcomes but requires tracking other recoveries and may produce recovery litigation (s.6(2)–(3)).\n\nImplementation and compliance risks\n\n- Heavy reliance on another statute (WCIM Act) for calculations and procedures (s.5 and s.7) creates a dependency risk: future changes to the WCIM Act or to the regulations prescribing \"appropriate changes\" (s.14–15) will materially affect how claims operate under this Act.\n- Administrative complexity: managing cross‑jurisdiction recoveries, reconciling amounts already paid while the person was an officer (s.5(2)), and enforcing recoveries (s.6(2)–(3)) generates compliance and enforcement work for the Commissioner or claims manager.\n- Legal timing: the Act expressly removes some WCIM Act time limits for claims under this Act (s.8). That reduces a procedural barrier for claimants but can increase long‑tail financial exposure for the Commissioner and may produce more late claims.\n\nEffect on private enterprise, competition and individual choice\n\n- The law primarily affects a public employer and public sector claim administration; it does not directly regulate private businesses or markets. The Insurance Commission (a public insurer) manages claims initially (s.11), so some activity is channelled through a public insurance body rather than private insurers. Private parties can still be engaged subsequently to manage claims if the Police Commissioner so arranges (s.12).\n- Individual choice: former officers retain the ability to pursue separate legal actions for damages outside this Act (s.9), so the statutory claim does not extinguish private litigation routes.\n\nConcrete behavioural changes the law creates\n\n- Former officers have a standing statutory claim against the Police Commissioner for post‑employment medical expenses from qualifying injuries (s.4).\n- The Police Commissioner must budget for and manage those claims and make formal arrangements (initially with the Insurance Commission) to administer them (ss.11–13).\n- Parties and arbitrators will use the WCIM Act framework for disputes, subject to the Act's listed exceptions (ss.7–9).\n\nKey sections to look at quickly: s.4 (who pays and exclusions), s.5 (how amounts are calculated via the WCIM Act), s.6 (no double payment and recovery), ss.7–9 (dispute process and exceptions), ss.11–13 (claims management arrangements).\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: providing medical expense coverage for former police officers and APLOs with employment-related injuries. While the Act has been amended to update references (particularly the 2023 consolidation of workers compensation legislation replacing the 1981 Act), these are technical maintenance amendments rather than expansions of scope. The core scheme, eligibility criteria, and claims management structure remain consistent with the original 2008 intent."},"complexity_factors":["Heavy reliance on external legislation: The Act incorporates by reference multiple sections of the Workers Compensation and Injury Management Act 2023 (WCIM Act), requiring cross-referencing to understand benefit calculations (s. 5) and dispute resolution (s. 7)","Deeming provisions: Section 3(2) contains three deeming rules that rewrite the WCIM Act's terminology when applied to this scheme (worker → former officer, employer → Police Commissioner, employment → former employment)","Nested exceptions in liability: Section 4(3) contains three exclusion grounds (voluntary intoxication, failure to use protective equipment, serious and wilful misconduct) each with a further exception (serious and permanent effects or death)","Double-payment prevention mechanism: Section 6 creates a complex recovery scheme with four exclusion categories in subsection (1) and four recovery triggers in subsection (2), with a 'lesser of' calculation in subsection (3)","Sunset/transition arrangements: Part 4 creates a staged management structure (initial 3-year period vs ongoing periods) with mandatory review and re-contracting obligations (s. 12)","9 defined terms in the interpretation section, plus 2 additional defined terms in Part 4"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special scheme for **former Western Australian police officers and Aboriginal Police Liaison Officers (APLOs)** who suffer from work-related injuries that show up after they've left the job.\n\n**Key points:**\n\n- **Who pays:** The Police Commissioner must cover medical and other expenses for injuries that occur on or after 1 July 2007, even if the officer has already retired or resigned.\n- **What it covers:** Medical costs and related expenses (calculated using the same rules as the main workers' compensation system — the *Workers Compensation and Injury Management Act 2023*).\n- **Who qualifies:** \"Former officers\" — meaning anyone who used to be a police officer or APLO, regardless of when they left (before or after this law started).\n- **Exceptions:** The Commissioner doesn't have to pay if the injury was caused by:\n  - The officer being drunk or on drugs (unless the injury caused permanent damage or death)\n  - Refusing to use provided safety gear without a good reason\n  - Serious deliberate misconduct (again, unless permanent damage or death resulted)\n- **No double-dipping:** If you get money for the same expenses from another source (like overseas laws, court judgments, or \"act of grace\" payments), you can't claim it again under this Act. If you do get paid twice, you have to pay the money back.\n\n**How disputes work:**\n\nDisputes are handled using the same process as regular workers' compensation disputes, but with two important differences:\n- Normal time limits for making claims **don't apply**\n- Decisions made by arbitrators **aren't final** if the former officer later sues for damages in a separate court case\n\n**Who manages the claims:**\n\nFor the first 3 years, the Insurance Commission of WA handled claims. After that, the Police Commissioner must arrange ongoing claims management (either with the Insurance Commission or another provider) in minimum 12-month blocks.\n\n**Why it matters:**\n\nThis law fills a gap. Regular workers' compensation usually stops when employment ends, but police work often leads to injuries (physical or psychological) that appear years later. This ensures former officers aren't left paying medical bills for injuries caused by their policing career."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full legislative text was unavailable. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["Insufficient legislative text was retrievable to perform a meaningful complexity assessment","Title suggests a relatively narrow and specific purpose — expense entitlements for a defined group — which typically indicates lower complexity","Score of 2 reflects uncertainty due to missing content, not confirmed simplicity"],"plain_english_summary":"This Act appears to set out a framework for the State to meet or assist with medical and related expenses for former Western Australian police officers, likely tied to injuries or conditions from service. It matters to former officers (and possibly their families), the WA Police administration, and taxpayers who fund any entitlements."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/police-medical-and-other-expenses-for-former-officers-act-2008","history":"/api/acts/police-medical-and-other-expenses-for-former-officers-act-2008/history","analysis":"/api/acts/police-medical-and-other-expenses-for-former-officers-act-2008/analysis","conflicts":"/api/acts/police-medical-and-other-expenses-for-former-officers-act-2008/conflicts","importantCases":"/api/acts/police-medical-and-other-expenses-for-former-officers-act-2008/important-cases","documents":"/api/acts/police-medical-and-other-expenses-for-former-officers-act-2008/documents"}}