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Police Administration Act 1978
91Medical incapacity
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91 Medical incapacity
(1) A member shall be taken to be totally and permanently
incapacitated for the purposes of this section if, because of a
physical or mental condition, it is unlikely that the member will ever
be able to work in any employment or hold any office for which the
member is reasonably qualified by education, training or experience
or could become reasonably qualified after retraining.
(2) Where the Commissioner or a prescribed member is of the opinion,
on reasonable grounds, that a member or a member of a rank
below that of the prescribed member is unable to efficiently or
satisfactorily perform the member's duties because of a physical or
mental condition, the Commissioner or prescribed member may
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direct the member to submit to an examination by one or more
health practitioners as the Commissioner or prescribed member, as
the case may be, thinks fit.
(3) Where a member has been directed under subsection (2) to submit
examination by a health practitioner, of the member's own choice
and submit the report of that examination to the Commissioner or
prescribed member, as the case may be, who shall take the report
into account.
(4) After considering the results of the examination or examinations
under subsection (2) or (3) and all other relevant information
available to the Commissioner or prescribed member, as the case
may be:
(a) the Commissioner may determine whether the member is
totally and permanently incapacitated; or
(b) the prescribed member shall report the findings of the
examination to the Commissioner who may then so determine.
(5) Where the Commissioner determines, or, following a report under
subsection (4)(b), determines, that a member is totally and
permanently incapacitated, the Commissioner may, after
considering the provisions of any superannuation legislation
applying to the member, retire the member from the Police Force
on the grounds of invalidity or take such action under this Part as
the Commissioner thinks appropriate.
(6) Where the Commissioner, after considering the results of the
review and examinations under subsection (2) or (3) and all other
information available to him (including a report under
subsection (4)(b)) does not determine that the member is totally
and permanently incapacitated but assesses the member to be
unable to perform the member's duties efficiently or satisfactorily
because of a physical or mental condition, the Commissioner shall
take whatever steps he considers reasonable and practicable to
facilitate the member resuming those duties or take such other
action under this Part as the Commissioner thinks appropriate.
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