91Medical incapacity

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 Police Administration Act 1978 51 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. Police Administration Act 1978 52