{"id":"police-medical-and-other-expenses-for-former-officers-regulations-2009","name":"Police (Medical and Other Expenses for Former Officers) Regulations 2009","slug":"police-medical-and-other-expenses-for-former-officers-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181622,"registerId":"wa-police-medical-and-other-expenses-for-former-officers-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Police (Medical and Other Expenses for Former Officers) Regulations 2009","content":"![Crest]()Western Australia\n\nPolice (Medical and Other Expenses for Former Officers) Act 2008\n\nPolice (Medical and Other Expenses for Former Officers) Regulations 2009\n\nWestern Australia\n\nPolice (Medical and Other Expenses for Former Officers) Regulations 2009\n\nContents\n\nPart 1 — Preliminary matters\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — Claims procedure\n\n4. Making claim 2\n\n5. Response to claim 3\n\n6. Initial medical examination 3\n\n7. Periodic medical examinations 3\n\n8. Treatment plan 4\n\n9A. Application for increase for special expenses under WCIM Act section 78 4\n\nPart 3 — Dispute resolution\n\n9. Application of this Part 5\n\n10. Applied provisions of WCIM Act 5\n\n11. References to terms used in applied provisions 5\n\n12. Forms for use under applied provisions 5\n\n13. Information for use under applied provisions 6\n\n14. No restriction on award of common law damages 6\n\n15. Evidence admissible in common law proceedings 6\n\nPart 4 — Miscellaneous matters\n\n16. Approval of forms 7\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nPolice (Medical and Other Expenses for Former Officers) Act 2008\n\nPolice (Medical and Other Expenses for Former Officers) Regulations 2009\n\n## Part 1 — Preliminary matters\n\n##### 1. Citation\n\n\t\tThese regulations are the *Police (Medical and Other Expenses for Former Officers) Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Police (Medical and Other Expenses for Former Officers) Act 2008* section 15 comes into operation.\n\n##### 3. Terms used\n\nIn these regulations —\n\napplied provisions has the meaning given in regulation 10;\n\napproved form means a form approved under regulation 16(1).\n\n## Part 2 — Claims procedure\n\n##### 4. Making claim\n\n(1) A claim must —\n\n(a) be in the approved form and signed by the former officer; and\n\n(b) include or be accompanied by the information approved by the Police Commissioner; and\n\n(c) be given to the Police Commissioner.\n\n(2) A claim can only be made under subregulation (1) in relation to an injury to a former officer if —\n\n(a) notice of the injury was given under the *Police Force Regulations 1979* regulation 1302 before the former officer ceased to be a police officer or APLO; or\n\n(b) if the former officer ceased to be a police officer or APLO before the day on which section 4(1) of the Act came into operation — notice of the injury is given to the Police Commissioner as soon as practicable after the former officer becomes aware of the entitlement to make a claim; or\n\n(c) if the former officer ceased to be a police officer or APLO on or after the day on which section 4(1) of the Act came into operation — notice of the injury is given to the Police Commissioner as soon as practicable after the injury occurs.\n\n[Regulation 4 amended: SL 2024/121 r. 4.]\n\n##### 5. Response to claim\n\n(1) In this regulation —\n\nprescribed period means —\n\n(a) for a claim received within 6 months after the commencement of section 4(1) of the Act — 60 days  after the claim is received; or\n\n(b) for any other claim — 17 days after the claim is received.\n\n(2) Within the prescribed period after receiving a claim from a former officer made in accordance with regulation 4, the Police Commissioner must notify the former officer in writing that —\n\n(a) liability for the claim is accepted; or\n\n(b) liability for the claim is denied; or\n\n(c) a decision to accept or deny liability for the claim has not yet been made.\n\n(3) A notice under subregulation (2)(b) or (c) must set out the reasons why liability is denied or a decision has not yet been made.\n\n##### 6. Initial medical examination\n\nA former officer who has made a claim must, if required by the Police Commissioner for the purpose of deciding whether to accept or deny the claim, submit himself or herself for an examination by a medical practitioner provided and paid by the Police Commissioner.\n\n##### 7. Periodic medical examinations\n\nIf amounts are being paid by the Police Commissioner in respect of a claim made by a former officer, the former officer must, if required by the Police Commissioner, from time to time submit himself or herself for an examination by a medical practitioner provided and paid by the Police Commissioner.\n\n##### 8. Treatment plan\n\nIf a claim is for medical expenses likely to be incurred, the Police Commissioner may require the former officer to give the Police Commissioner a written statement signed by a medical practitioner setting out —\n\n(a) the treatment proposed to be provided to the former officer in respect of the injury; and\n\n(b) an estimate of the costs of that treatment.\n\n##### 9A. Application for increase for special expenses under WCIM Act section 78\n\n(1) If a claim has been made in respect of an injury to a former officer, the final day for making an application under the WCIM Act section 78 in relation to the injury is the last day of the period of 5 years after the day on which the claim is made.\n\n(2) The application must be accompanied by —\n\n(a) a statutory declaration in the approved form setting out the officer’s social and financial circumstances and reasonable financial needs; and\n\n(b) a written statement signed by a medical practitioner demonstrating the matters prescribed for the purposes of the WCIM Act section 78(3)(c).\n\n[Regulation 9A inserted: Gazette 3 Aug 2010 p. 3566-7; amended: SL 2024/121 r. 5.]\n\n## Part 3 — Dispute resolution\n\n##### 9. Application of this Part\n\nThis Part applies in relation to the determination of a dispute referred to in section 7 of the Act.\n\n##### 10. Applied provisions of WCIM Act\n\nThe provisions (the applied provisions) of the WCIM Act that apply under section 7 of the Act in relation to the determination of a dispute include the following —\n\n(a) sections 146, 180 and 181;\n\n(b) Part 6 (except section 379);\n\n(c) any other provision to the extent that the application is necessary to give effect to a provision referred to in paragraph (a) or (b).\n\n[Regulation 10 inserted: SL 2024/121 r. 6.]\n\n##### 11. References to terms used in applied provisions\n\nA reference in the applied provisions to a claim under the WCIM Act Part 2 Division 4 for medical and health expenses compensation or the WCIM Act Part 2 Division 5 for miscellaneous expenses compensation (however the claim is described) is to be read as a reference to a claim as defined in section 3(1) of the Act.\n\n[Regulation 11 inserted: SL 2024/121 r. 6.]\n\n##### 12. Forms for use under applied provisions\n\nThe form to be used for an applied provision is —\n\n(a) if the Police Commissioner has approved a form for use under the applied provision — that form; or\n\n(b) otherwise — a form prescribed or approved under the WCIM Act for use under the applied provision, with the necessary changes.\n\n[Regulation 12 inserted: SL 2024/121 r. 6.]\n\n##### 13. Information for use under applied provisions\n\n(1) The information for use under an applied provision is —\n\n(a) if the Police Commissioner has approved information for use under the applied provision — that information; or\n\n(b) otherwise — information prescribed under the WCIM Act for use under that applied provision, with the necessary changes.\n\n(2) For the purposes of this regulation, information for use under an applied provision is —\n\n(a) information that must be included in or accompany a form to be used under the applied provision; or\n\n(b) information to be otherwise provided for the purposes of the applied provision.\n\n[Regulation 13 inserted: SL 2024/121 r. 6.]\n\n##### 14. No restriction on award of common law damages\n\nTo avoid doubt, the applied provisions do not apply in relation to the determination of a dispute referred to in section 7 of the Act so as to limit the amount of damages that may be awarded independently of the Act.\n\n##### 15. Evidence admissible in common law proceedings\n\nEvidence of a statement made in a proceeding before an arbitrator under this Part is admissible in an action for damages brought independently of the Act.\n\n## Part 4 — Miscellaneous matters\n\n##### 16. Approval of forms\n\n(1) The Police Commissioner may approve forms for use under the Act.\n\n(2) An approved form may be a statutory declaration.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Police (Medical and Other Expenses for Former Officers) Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Police (Medical and Other Expenses for Former Officers) Regulations 2009* | 23 Jun 2009 p. 2513‑23 | 1 Jul 2009 (see r. 2 and *Gazette* 23 Jun 2009 p. 2424) |\n| *Police (Medical and Other Expenses for Former Officers) Amendment Regulations 2010* | 3 Aug 2010 p. 3566-7 | r. 1 and 2: 3 Aug 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 4 Aug 2010 (see r. 2(b)) |\n| *Police (Medical and Other Expenses for Former Officers) Amendment Regulations 2024* | SL 2024/121 26 Jun 2024 | r. 1 and 2: 26 Jun 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2024 (see r. 2(b)) |\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\napplied provisions 3, 10\n\napproved form 3\n\nprescribed period 5(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":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The title suggests a focused and specific instrument dealing with medical and related expense entitlements for former WA police officers, with no evidence of scope change available."},"complexity_factors":["No legislative text was retrievable — the source page returned a 'no longer available' error","Complexity cannot be meaningfully assessed without the actual content","Title suggests a relatively narrow and specific regulatory instrument, which would typically be low-to-moderate complexity, but this is inference only"],"plain_english_summary":"These 2009 Western Australian regulations set out how medical and related expenses for former WA Police officers are handled, establishing rules for payment or reimbursement of health‑related costs tied to their service. They affect ex‑officers seeking financial support for service‑connected medical needs and matter for access to post‑service healthcare entitlements."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendments since the original 2009 regulations have expanded the instrument’s procedural reach. Notably: (a) a 2010 insertion (reg 9A) added a 5‑year final day and documentary requirements for applications under WCIM Act s78, introducing explicit time limits and evidentiary rules for increases in special expenses; and (b) 2024 amendments altered claim-notice rules (reg 4) and formally imported parts of the Workers’ Compensation and Injury Management (WCIM) Act into dispute resolution (regs 10–13), including how forms and information are to be handled. Those changes move the regulations from a narrowly procedural scheme for paying former officers’ medical costs toward tighter procedural integration with the WCIM Act dispute framework, increasing cross‑referencing and administrative alignment beyond the original, simpler claims process."},"complexity_factors":["Short overall instrument (16 regulations, 4 Parts)","Only two defined terms in the Regulations themselves (applied provisions, approved form) (reg 3)","Cross-references to external instruments: Police Force Regulations 1979 reg 1302 and multiple provisions of the WCIM Act (regs 4(2), 10–13)","Conditional timing rules with exceptions (different notice rules in reg 4(2)(a)–(c); differing prescribed periods in reg 5(1)(a)–(b))","Inserted and amended provisions across different years (2010, 2024) introducing new procedures (reg 9A; regs 10–13)","Discretionary powers resting with the Police Commissioner (approve forms, require exams, set information) (regs 5–8, 12–13, 16)","Interaction between administrative (statutory) procedures and common law remedies (regs 14–15)","Requirement for specific supporting documents for s78 applications (statutory declaration and medical practitioner statement) (reg 9A)"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- They set out the procedure former Western Australian police officers must follow to claim payment of medical and related expenses under the Police (Medical and Other Expenses for Former Officers) Act 2008. Key procedural steps are in Part 2 (regs 4–9A).  \n  - Claims must be made in an approved form, signed by the former officer and given to the Police Commissioner, and must be accompanied by information approved by the Commissioner (reg 4(1)).  \n  - A claim is only available where the injury was notified while the person was still an officer (Police Force Regulations 1979 reg 1302) or, if the person had already left, as soon as practicable after they become aware of the entitlement or the injury (reg 4(2)). (Regulation 4 was amended in 2024.)\n  - The Police Commissioner must respond in writing within a specified period saying whether liability is accepted, denied or undecided, and must give reasons if denying or undeciding (reg 5).\n  - The Police Commissioner may require a claimant to attend a medical examination (initial and periodic exams) by a doctor provided and paid for by the Commissioner (regs 6–7).\n  - If a claim seeks future medical expenses, the Commissioner may require a written treatment plan and cost estimate from the treating medical practitioner (reg 8).\n  - If the claimant seeks an increase for “special expenses” under section 78 of the Workers’ Compensation and Injury Management (WCIM) Act, the regulations set a final day to make that application (5 years from the day the claim is made) and require supporting documents (statutory declaration and medical statement) (reg 9A).\n\n- Part 3 (Dispute resolution) makes parts of the WCIM Act apply to disputes about these claims (reg 10), prescribes how references in those applied provisions should be read (reg 11), and says what forms and information to use (regs 12–13). It also clarifies that applying those WCIM provisions does not limit a former officer’s right to sue for common law damages (reg 14) and that statements made before an arbitrator can be used in subsequent common law proceedings (reg 15).\n\n- The Police Commissioner may approve the forms used under the Act (reg 16).\n\n**Who this affects**\n\n- Former police officers (including authorised police liaison officers where relevant) who seek payment from the State for medical or other expenses arising from injury sustained while they were officers (see regs 3 and 4).  \n- The Police Commissioner and state administrative staff who receive, assess and respond to claims, arrange medical examinations, approve forms and manage dispute resolution under applied WCIM procedures.\n\n**Who pays and who decides**\n\n- The State, acting through the Police Commissioner, is the payer for medical examinations (regs 6–7) and for amounts paid under accepted claims.  \n- The Police Commissioner is the decision-maker on accepting or denying liability for a claim (reg 5) and has discretion to require examinations, treatment plans and to approve forms and information (regs 6–8, 12–13, 16).\n\n**Why it matters (purpose claims and testing those claims)**\n\n- Stated purpose: the regulations implement the Act’s scheme for paying medical and related expenses to former officers and create a practical process for claims, medical assessment and dispute resolution. They also align dispute procedures with existing workers’ compensation law where sensible (see regs 10–13, 14).  \n\nTesting that purpose against practical effects and implementation trade-offs:  \n- Costs and who bears them: direct costs of medical examinations are borne by the Police Commissioner (regs 6–7). If claims are accepted, the State pays the medical and other covered expenses.  \n- Compliance burden on claimants: claimants must use approved forms, provide prescribed supporting information, may have to attend Commissioner-funded medical exams, and may need a statutory declaration and medical statements for certain WCIM Act s78 applications (regs 4, 6–8, 9A). This imposes paperwork and time costs on former officers.  \n- Bureaucratic discretion and decision risk: the Police Commissioner has significant administrative discretion (to approve forms and information, require examinations and treatment plans, and to decide liability) which concentrates decision-making within the police agency (regs 5–8, 12–13, 16). That discretion creates implementation risk (variation in practice, delays) unless tightly overseen.  \n- Interaction with existing law: applying parts of the WCIM Act for dispute determination (reg 10) brings in an established dispute-resolution framework, which may reduce duplication but also introduces cross-referencing complexity and requires procedural alignment (regs 11–13).  \n- Effects on private choice and legal remedies: the regulations explicitly preserve access to common law damages (reg 14) and allow arbitration evidence to be used in later lawsuits (reg 15), so claimants retain options to pursue court remedies; this can lead to duplication of effort and multiple fora, with associated transaction costs.  \n- Timing and limitation effects: the regulations set timing rules (notice requirements in reg 4 and the 5‑year limit for s78 applications in reg 9A) that affect when claims and complementary applications must be lodged; these limits transfer timing risk to claimants who delay.\n\n**Concrete behavioural changes the Regulations create**\n\n- Former officers must complete formal claim paperwork and meet notice deadlines (reg 4).  \n- Claimants should expect to attend Commissioner-arranged medical exams and to provide treating doctor cost estimates when seeking future treatment payments (regs 6–8).  \n- Disputes are routed into WCIM-style procedures unless a claimant pursues an independent common law action (regs 10–15).\n\n**Key provisions to note (by regulation)**\n\n- Reg 4: How to make a claim and notice requirements;  \n- Reg 5: Timeframe for Commissioner response and required content of response;  \n- Regs 6–8: Medical exams and treatment plan requirements;  \n- Reg 9A: 5‑year final day for WCIM s78 increase applications and supporting documents required;  \n- Regs 10–13: Application of WCIM Act dispute-resolution provisions and how forms/information are to be handled;  \n- Reg 14–15: Preservation of common law claims and admissibility of arbitration evidence;  \n- Reg 16: Commissioner may approve forms.\n\n**Practical implementation considerations**\n\n- Administrative capacity: police administrative units will need systems for form approval, timely responses (reg 5 deadlines), arranging and paying for medical exams, and coordinating WCIM-aligned dispute processes.  \n- Record keeping and consistency: the Commissioner’s broad approval powers (forms/information) mean consistent templates and guidance will reduce dispute and delay risk.  \n- Claimant support: former officers may need legal or medical assistance to prepare treatment plans, statutory declarations and s78 material within the set timeframes.\n\n(References in parentheses are to the regulation numbers cited.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to remain focused on their original purpose: establishing administrative procedures for claims by former police officers under the 2008 Act. The 2024 amendments updated cross-references to the WCIM Act and modified some procedural details, but did not expand the scope beyond medical expenses and dispute resolution for former officers' claims."},"complexity_factors":["Cross-referencing with external legislation: Heavy reliance on the WCIM Act (Workers' Compensation and Injury Management Act 1981) for dispute resolution procedures, requiring readers to consult another Act","Temporal complexity: Multiple commencement dates and transitional provisions (e.g., different notice requirements depending on whether officer ceased before or after section 4(1) of the Act commenced)","Dual timeframe scheme: Regulation 5 creates two different prescribed periods for claims processing (60 days vs 17 days) based on when claim was received relative to Act commencement","Nested definitions: 'Applied provisions' defined in regulation 3 but given substantive meaning in regulation 10; 'approved form' defined in regulation 3 but used throughout","Conditional logic in claims procedure: Regulation 4(2) contains three alternative pathways (a), (b), and (c) with different notice requirements based on timing of cessation and injury awareness","Incorporation by reference: Forms and information requirements may be approved under these regulations OR prescribed under the WCIM Act (regulations 12-13), creating dual sourcing","Amendment history visible: Multiple amendments (2010, 2024) have inserted provisions non-sequentially (e.g., regulation 9A inserted after 9, regulation 10 inserted replacing earlier versions)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how former Western Australian police officers can claim medical and other expenses for work-related injuries that happened while they were serving. They operate under the *Police (Medical and Other Expenses for Former Officers) Act 2008*.\n\n**Who it affects:**\n\n- **Former police officers** and **Aboriginal Police Liaison Officers (APLOs)** who suffered work-related injuries\n- The **Police Commissioner**, who administers the claims\n- **Medical practitioners** who examine claimants and provide treatment plans\n\n**Key processes covered:**\n\n- **How to make a claim**: Must use approved forms, include required information, and meet strict notice deadlines depending on when the officer left the force\n- **Timeframes for decisions**: The Commissioner has either 17 or 60 days to accept, deny, or defer a decision on liability\n- **Medical examinations**: Former officers may be required to undergo initial and periodic medical exams paid for by the Commissioner\n- **Treatment plans**: For ongoing medical expenses, officers may need to submit written treatment plans with cost estimates from doctors\n- **Special expenses**: Officers can apply for increased payments for special expenses within 5 years of making a claim, supported by statutory declarations and medical evidence\n\n**Dispute resolution:**\n\nIf there's a dispute, the regulations import (apply) parts of the *Workers' Compensation and Injury Management Act 1981* (WCIM Act) — specifically sections about arbitration and dispute resolution. However, officers retain their right to sue for common law damages separately.\n\n**Why it matters:**\n\nThis creates a structured, time-bound process for former officers to get medical costs covered for old work injuries, while balancing the need for proper medical evidence and preventing fraudulent claims. It ensures injured former officers aren't left paying medical bills for injuries sustained in the line of duty, but also protects the public purse through proper verification procedures."}},"importantCases":[],"_links":{"self":"/api/acts/police-medical-and-other-expenses-for-former-officers-regulations-2009","history":"/api/acts/police-medical-and-other-expenses-for-former-officers-regulations-2009/history","analysis":"/api/acts/police-medical-and-other-expenses-for-former-officers-regulations-2009/analysis","conflicts":"/api/acts/police-medical-and-other-expenses-for-former-officers-regulations-2009/conflicts","importantCases":"/api/acts/police-medical-and-other-expenses-for-former-officers-regulations-2009/important-cases","documents":"/api/acts/police-medical-and-other-expenses-for-former-officers-regulations-2009/documents"}}