{"id":"police-medical-retirement-regulations-2019","name":"Police (Medical Retirement) Regulations 2019","slug":"police-medical-retirement-regulations-2019","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181624,"registerId":"wa-police-medical-retirement-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Police (Medical Retirement) Regulations 2019","content":"![Crest]()Western Australia\n\nPolice Act 1892\n\nPolice (Medical Retirement) Regulations 2019\n\nWestern Australia\n\nPolice (Medical Retirement) Regulations 2019\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Authorised persons 2\n\n5. Examination by medical board 2\n\n6. Making documents and materials available to member 3\n\n7. Service of notices or documents on member 4\n\n8. Restriction on suspending member’s pay 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nPolice Act 1892\n\nPolice (Medical Retirement) Regulations 2019\n\n##### 1. Citation\n\n\t\tThese regulations are the *Police (Medical Retirement) Regulations 2019* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Police Amendment (Medical Retirement) Act 2019* Part 2 comes into operation.\n\n##### 3. Terms used\n\nIn these regulations —\n\nauthorised person means a senior executive officer authorised by the CEO (Health) under regulation 4;\n\nCEO (Health) means the chief executive officer of the Department;\n\nDepartment means the department of the Public Service principally assisting in the administration of the Acts to which the *Health Legislation Administration Act 1984* applies;\n\nmedical practitioner has the meaning given in section 33ZB of the Act;\n\nmember has the meaning given in section 33ZB of the Act;\n\nPolice Commissioner has the meaning given in section 33ZB of the Act;\n\nprivilege means —\n\n(a) a privilege that would attach to documents prepared for the purpose of pending or contemplated proceedings or in connection with the obtaining or giving of legal advice; or\n\n(b) immunity from production of documents or materials where their disclosure would be against the public interest; or\n\n(c) immunity from production of documents or materials under an enactment;\n\nsenior executive officer means a senior executive officer (as defined in the *Public Sector Management Act 1994* section 3(1)) employed in the Department;\n\nworking day means a day other than a Saturday, a Sunday or a public holiday throughout Western Australia.\n\n##### 4. Authorised persons\n\nFor the purposes of regulation 5, the CEO (Health) may, in writing, authorise a senior executive officer to make appointments to medical boards.\n\n##### 5. Examination by medical board\n\n(1) The purpose of an examination by a medical board under section 33ZC(2) of the Act is to assist the Police Commissioner to determine under Part IIC of the Act whether the member should be retired on medical grounds.\n\n(2) The medical board must consist of 3 medical practitioners appointed by the CEO (Health) or an authorised person.\n\n(3) If the CEO (Health) or authorised person considers it appropriate to do so, the CEO (Health) or authorised person may appoint 1 or more additional medical practitioners to the medical board.\n\n##### 6. Making documents and materials available to member\n\n(1) If the Police Commissioner gives a member a notice under section 33ZD(2) of the Act, the Police Commissioner must, as soon as practicable after giving the notice —\n\n(a) give the member a copy of the report given to the Police Commissioner by the medical board under section 33ZC(6) of the Act; and\n\n(b) give the member a copy of any other documents, and make available to the member for inspection any other materials, that were examined and taken into account by the Police Commissioner in forming the opinion that the member is medically unfit.\n\n(2) Subregulation (1)(b) does not apply to any document or material that is privileged.\n\n(3) If the Police Commissioner does not provide the member with a copy of a document or make available to the member for inspection any other material under subregulation (1)(b) because it is privileged, the Police Commissioner must advise the member of the ground for the document or material being privileged.\n\n(4) The Police Commissioner is not required to comply with section 33ZE(5) of the Act to the extent that —\n\n(a) the Police Commissioner has already provided the member with a copy of the documents or made available to the member for inspection any other materials under subregulation (1); or\n\n(b) the documents or materials are privileged.\n\n(5) If the Police Commissioner does not comply with section 33ZE(5) of the Act because any document or material is privileged, the Police Commissioner must advise the member of the ground for the document or material being privileged.\n\n(6) Subregulation (5) does not apply if the Police Commissioner has already advised the member under subregulation (3) of the ground for the document or material being privileged.\n\n##### 7. Service of notices or documents on member\n\n(1) If a notice or document is required to be given to a member under section 33ZD(2), 33ZE(1)(b), 33ZE(5) or 33ZE(10)(a) of the Act or regulation 6(1), service may be effected on the member —\n\n(a) by delivering it to the member personally; or\n\n(b) by properly addressing and posting it (by pre‑paid post) as a letter to the usual or last known place of abode of the member or to an address for service given by the member in writing to the Police Commissioner for the purpose of service of notices and documents under this regulation; or\n\n(c) by leaving it for the member at the member’s usual or last known place of abode; or\n\n(d) by leaving it for the member at an address given by the member in writing to the Police Commissioner for the purpose of service of notices and documents under this regulation; or\n\n(e) by emailing the notice or document (whether or not as an attachment) to an email address given by the member in writing to the Police Commissioner for the purpose of service of notices and documents under this regulation.\n\n(2) Subregulation (1)(e) applies only if —\n\n(a) the member has, in writing to the Police Commissioner, expressly consented to notices and documents being served on the member by email under this regulation; and\n\n(b) at the time the email is sent, the member has not, in writing to the Police Commissioner, withdrawn that consent.\n\n(3) Service under subregulation (1) is to be taken to be effected —\n\n(a) in the case of service under subregulation (1)(a), at the time of delivery to the member; or\n\n(b) in the case of service under subregulation (1)(b), on the 7th working day after the date on which the letter was posted; or\n\n(c) in the case of service under subregulation (1)(c), at the time it is left at the abode; or\n\n(d) in the case of service under subregulation (1)(d), at the time it is left at the address given to the Police Commissioner; or\n\n(e) in the case of service under subregulation (1)(e), on the next working day after the date on which the email is sent to the email address given to the Police Commissioner.\n\n(4) For the purposes of section 33ZE(10)(b) of the Act, a member is taken to receive a notice when service of the notice is taken to be effected under subregulation (3).\n\n##### 8. Restriction on suspending member’s pay\n\nDuring any period in which consideration is being given to a member’s retirement on medical grounds under Part IIC of the Act, the Police Commissioner and the Governor must not suspend the member’s pay.\n\n![]()\n\nNotes\n\n1 This is a compilation of the *Police (Medical Retirement) Regulations 2019*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Police (Medical Retirement) Regulations 2019* | 29 Nov 2019 p. 4135-41 | r. 1 and 2: 29 Nov 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Nov 2019 (see r. 2(b) and *Gazette* 29 Nov 2019  p. 4133) |\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\nauthorised person 3\n\nCEO (Health) 3\n\nDepartment 3\n\nmedical practitioner 3\n\nmember 3\n\nPolice Commissioner 3\n\nprivilege 3\n\nsenior executive officer 3\n\nworking day 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations are narrowly procedural, implementing the Police Act’s medical-retirement regime by setting appointment procedures for medical boards, disclosure rules, service methods, and a prohibition on suspending pay while decisions are pending. They do not extend the substantive scope of the Act or introduce new substantive powers beyond those in the Police Amendment (Medical Retirement) Act 2019; rather they fill in administrative details necessary to operate the statutory scheme."},"complexity_factors":["Short instrument: 8 regulations (plus definitions) — limited length","9 defined terms in regulation 3 (authorised person; CEO (Health); Department; medical practitioner; member; Police Commissioner; privilege; senior executive officer; working day)","Direct cross-references to Police Act sections 33ZB, 33ZC, 33ZD, 33ZE (requires consulting the Act for full context)","Simple conditional logic around privilege exceptions and disclosure (reg 6(2)–(6))","Service methods with a small number of alternative routes and fixed deemed‑service timings (reg 7(1)–(3))","A limited discretionary power to authorise appointments (reg 4) and to add medical practitioners (reg 5(3))","Few exceptions and no nested multi-layered exceptions or complex schedules","Some open‑ended wording (e.g. \"as soon as practicable\") creating operational uncertainty but not legal complexity"],"plain_english_summary":"**What these regulations do (mechanics)\n\n- Establish who and how medical boards are appointed to examine police members for possible medical retirement (regulation 4–5).\n  - The chief executive officer of the Health Department (CEO (Health)) may authorise a senior executive officer to make appointments to medical boards (reg 4).\n  - A medical board must have 3 medical practitioners appointed by the CEO (Health) or an authorised person; more practitioners may be added if considered appropriate (reg 5(2)–(3)).\n  - The purpose of the medical board’s examination is to assist the Police Commissioner to decide whether a member should be retired on medical grounds (reg 5(1)).\n\n- Set what documents the member must be given and what may be withheld (regulation 6).\n  - After the Police Commissioner gives a statutory notice to a member, the member must be given a copy of the medical board’s report and copies or inspection access to other documents and materials relied on in forming the medical-unfitness opinion (reg 6(1)(a)–(b)).\n  - Documents or materials subject to legal privilege (legal-advice privilege, public‑interest immunity, or statutory immunity) may be withheld; if withheld the Police Commissioner must tell the member the ground for withholding (reg 6(2)–(5)).\n  - These rules interact with the Police Act provisions that require further disclosure (reg 6(4)–(6)).\n\n- Prescribe how notices and documents are served on the member (regulation 7).\n  - Service may be by personal delivery, post to usual/last known address, leaving at the address, or email if the member has given written consent (reg 7(1)).\n  - Timings for when service is taken to be effected are stated (e.g. 7 working days after posting; email counts on the next working day) (reg 7(3)).\n\n- Prevent suspension of a member’s pay while a decision on medical retirement is pending (regulation 8).\n  - During any period that the Police Commissioner or Governor is considering medical retirement under the Act, they must not suspend the member’s pay (reg 8).\n\n- Define key terms used in the regulations (regulation 3), including who counts as a \"member\", what a \"medical practitioner\" is (as linked to the Police Act), and what \"privilege\" means for withheld materials.\n\n\nWhy the regulations exist (official purpose claim)\n\n- The regulations implement procedural details for the Police Act provisions about medical retirement: they set appointment rules for medical boards, what material must be disclosed to the member, acceptable methods and timing for service of notices, and protect pay while medical-retirement decisions are under consideration (see regs 4–8). The stated object is to assist the Police Commissioner to make a fair, informed decision on whether a member should be retired on medical grounds (reg 5(1)).\n\n\nPractical effects, incentives and who decides or pays\n\n- Who decides: the Police Commissioner makes the retirement decision; the CEO (Health) or an authorised senior executive appoints medical board members and can authorise appointment power to senior executive officers (regs 4–5).\n- Who pays: the State (Police/Department budgets) bears the cost of running medical boards and continues paying the member’s salary while the process runs (reg 8). Members receive procedural protections (access to the report and non‑privileged materials) and cannot have pay suspended during consideration (reg 6; reg 8).\n- Behaviour changes: departments must assemble and disclose documents relied upon (subject to privilege), manage service addresses and email consents, and continue payroll while the medical-retirement process is underway. Members gain stronger access to the material used against them and financial continuity while the matter is considered.\n\n\nTrade-offs, implementation risks and compliance burden\n\n- Administrative burden: the Department must prepare copies of medical-board reports and other materials, identify and log privileged materials, and notify members of privilege grounds (reg 6). Keeping written consents or service‑addresses up to date and recording service timings (reg 7) adds administrative steps.\n- Bureaucratic discretion: the CEO (Health) and any authorised person have discretion to appoint medical practitioners to boards and to authorise senior executives to make appointments (regs 4–5). That discretion concentrates appointment control in the Department’s executive tier and can affect who examines members.\n- Transparency vs legal privilege: the rules require disclosure of non‑privileged materials but allow withholding of privileged material; the Commissioner must state the grounds for privilege (reg 6(2)–(5)). This preserves legal protections but can limit a member’s access to some material the Commissioner relied on.\n- Timing uncertainty: the phrase \"as soon as practicable\" for providing documents (reg 6(1)) is flexible and may produce inconsistent practice or delays. The service rules set specific deemed‑service timings (reg 7(3)), which are clear but can produce gaps (e.g. postal delay vs actual receipt).\n- Financial cost: preventing suspension of pay while medical-retirement consideration proceeds (reg 8) protects members’ income but imposes cost on the employer/government for the duration of the process.\n\n\nWho benefits and who bears costs\n\n- Concentrated benefit: the regulated individuals (members under consideration for medical retirement) gain access to material and protection of pay (regs 6 and 8).\n- Diffuse cost: the Department and Police budget bear the administrative and payroll costs while decisions are pending; additional cost may arise from engaging and paying medical practitioners for expanded medical boards (regs 5, 8).\n\n\nPotential unintended effects or substitution\n\n- Because pay may not be suspended (reg 8), the Commissioner cannot use suspension as an interim administrative measure during medical-retirement consideration; this may slow administrative pressure on a member to resolve matters quickly.\n- Requiring written consent for email service (reg 7(2)) may reduce convenience where members prefer email but have not made a formal written election.\n\n\nIn sum\n\nThese regulations provide concise procedural rules for medical-retirement examinations and associated disclosure and service procedures. They allocate appointment power to the Health Department’s executive, require disclosure of non‑privileged materials to members, specify service methods and timings, and bar suspension of pay while decisions are pending. The main trade-offs are improved procedural protections for members versus administrative and payroll costs for the State, plus the discretion held by the CEO (Health) and authorised officers over appointment of medical boards (see regs 4–8)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'page not available' error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This WA regulation governs medical retirement for police officers: it establishes the framework for retiring officers on health grounds, including how reviews are started, what medical evidence and assessments are required, and how entitlements and appeal rights are handled. It primarily affects officers facing health-based exit, police HR/management, and medical assessors."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the medical retirement provisions inserted into the Police Act 1892 by the Police Amendment (Medical Retirement) Act 2019. They do not expand beyond establishing procedures for medical boards, disclosure requirements, service of documents, and pay protection during the medical retirement process."},"complexity_factors":["Short length (8 regulations total)","Minimal cross-referencing — primarily references to specific sections of the Police Act 1892 rather than complex webs of legislation","9 defined terms in a single interpretation section (regulation 3), all straightforward","Simple conditional logic (e.g., email service only applies if consent given in writing)","No nested exceptions or complex computational rules","Clear procedural structure following a logical sequence (appointment → examination → disclosure → service → pay protection)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how police officers in Western Australia can be medically retired if they become unfit for duty due to health reasons. They work alongside the *Police Act 1892* (the main law governing WA Police).\n\n**Key things the regulations cover:**\n\n*   **Medical boards:** They establish how panels of doctors (medical boards) are appointed to examine officers and advise the Police Commissioner on whether someone is medically unfit to continue working.\n*   **Disclosure of information:** They require the Police Commissioner to share medical reports and other relevant documents with the officer being assessed, unless those documents are \"privileged\" (legally protected, such as confidential legal advice or sensitive public interest material).\n*   **How notices are delivered:** They set out the rules for serving official documents on officers — including in person, by post, leaving at their address, or by email (but only if the officer has specifically agreed to email).\n*   **Pay protection:** They guarantee that an officer's pay cannot be suspended while their medical retirement is being considered.\n\n**Who it affects:**\n\n*   WA Police officers who may need to retire due to medical conditions\n*   The Police Commissioner and WA Police administration\n*   Medical practitioners appointed to assess officers\n*   The Department of Health (which administers the medical retirement process)\n\n**Why it matters:**\n\nThese regulations protect officers' rights during a stressful process. They ensure officers see the evidence being used against them, guarantee they keep getting paid while decisions are made, and create clear procedures for how medical assessments happen. This balances the need for police workforce management with fairness and natural justice for officers facing health-related career endings."}},"importantCases":[],"_links":{"self":"/api/acts/police-medical-retirement-regulations-2019","history":"/api/acts/police-medical-retirement-regulations-2019/history","analysis":"/api/acts/police-medical-retirement-regulations-2019/analysis","conflicts":"/api/acts/police-medical-retirement-regulations-2019/conflicts","importantCases":"/api/acts/police-medical-retirement-regulations-2019/important-cases","documents":"/api/acts/police-medical-retirement-regulations-2019/documents"}}