Version incorporating amendments as at
1 July 2021
table of provisions
Section Page
1 Short title and commencement 1
1A Definitions 1
2 Compensation for personal injuries while assisting police 2
3 Jurisdiction 7
4 Minister may recover compensation paid 7
5 Expenses for carrying out this Act to be paid from Consolidated Fund 8
6 Penalty for offence under this Act 8
Endnotes 9
1 General information 9
2 Table of Amendments 11
3 Amendments Not in Operation 14
4 Explanatory details 15
Version No.024
Police Assistance Compensation Act 1968
No. 7722 of 1968
Version incorporating amendments as at
1 July 2021
An Act to provide for the Payment of Compensation to Persons injured while assisting Police Officers in the Execution of their Duty, and to Dependants of those Persons and for incidental and other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
(1) This Act may be cited as the Police Assistance Compensation Act 1968.
(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 1A
inserted by No. 10191 s. 276(Sch. 2), repealed by No. 50/1994 s. 128(a), new s. 1A inserted by No. 37/2014 s. 10(Sch. item 126.1).
1A Definitions
In this Act—
S. 1A def. of police officer amended by No. 5/2021 s. 51(a).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 1A def. of provisional payments inserted by No. 5/2021 s. 51(b).
provisional payments means payments provided for under—
(a) Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b) Division 2BA of Part IV of the Accident Compensation Act 1985.
2 Compensation for personal injuries while assisting police
S. 2(1) amended by Nos 46/1987
s. 6(Sch.), 27/2001 s. 4(Sch. 2 item 3.1), 37/2014 s. 10(Sch. item 126.2(a)(i)).
(1) A person other than a police officer who suffers personal injury arising out of or in the course of assisting or attempting to assist—
S. 2(1)(a) amended by No. 37/2014 s. 10(Sch. item 126.2(a)(i)).
(a) a police officer in arresting another person;
S. 2(1)(b) amended by No. 37/2014 s. 10(Sch. item 126.2(a)(i)).
(b) a police officer in preserving the peace; or
S. 2(1)(c) amended by Nos 46/1987 s. 6(Sch.), 37/2014 s. 10(Sch. item 126.2(a)).
(c) a police officer who is otherwise acting or apparently acting in the execution of that police officer's duty as a police officer—
after being requested to do so by the police officer or in circumstances from which the person reasonably inferred that that person had been so requested, or in circumstances from which that person could have reasonably inferred that that person would have been so requested if the police officer had been aware of those circumstances and had been able to request that person to so assist shall be entitled to be paid compensation or in case of that person's death, that person's partner, children or dependants shall be entitled to be paid compensation as provided in this section.
S. 2(1AA) inserted by No. 5/2021 s. 52(1).
(1AA) If a person who is entitled to make a claim for compensation under this Act does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.
S. 2(1AB) inserted by No. 5/2021 s. 52(1).
(1AB) Subsection (1AA) does not apply—
(a) if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b) if a claim for compensation relating to the same mental injury and circumstances has previously been determined.
S. 2(1A) inserted by No. 27/2001 s. 4(Sch. 2 item 3.2), amended by No. 12/2008 s. 73(1)(Sch. 1 item 47.1).
(1A) In this section—
child of a deceased person means a child of the person or of the person's partner who—
(a) is under the age of 16 years; or
(b) is 16 years or more but under the age of 21 years and is a full-time student;
dependant of a deceased person means a person who was at the date of the person's death wholly, mainly or partially dependent on the person for financial support;
S. 2(1A) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 47.2).
domestic partner of a person means—
(a) a person who is in a registered relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
partner of a person means—
(a) in relation to a person who died before the commencement of section 4 of the Statute Law Amendment (Relationships) Act 2001—the person's spouse at the time of death;
(b) in relation to a person who dies on or after that commencement—the person's spouse or domestic partner at the time of death;
spouse of a person means a person to whom the person is married.
S. 2(1B) inserted by No. 27/2001 s. 4(Sch. 2 item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 47.3).
(1B) For the purposes of the definition of domestic partner in subsection (1A)—
(a) registered relationship has the same meaning as in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 2(2) amended by No. 10191 s. 276(Sch. 2).
(2) The compensation referred to in subsection (1) of this section shall, in respect of personal injury suffered before the appointed day within the meaning of the Accident Compensation Act 1985, be paid in accordance with and subject to the provisions of the Workers Compensation Act 1958 as if within the meaning of that Act at the time the person so suffered the personal injury—
S. 2(2)(a) amended by G.G. 20.3.74
p. 681, substituted by No. 10191 s. 276(Sch. 2).
(a) the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B);
(b) he suffered a personal injury arising out of or in the course of employment with the Crown.
S. 2(2A) inserted by No. 10191 s. 276(Sch. 2), amended by No. 67/2013 s. 649(Sch. 9 item 28(1)).
(2A) The compensation referred to in subsection (1) shall, in respect of personal injury suffered on or after the appointed day within the meaning of the Accident Compensation Act 1985 but before 1 July 2014, be paid in accordance with and subject to that Act as if within the meaning of that Act at the time the person so suffered the personal injury—
(a) the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B); and
(b) the person suffered a personal injury arising out of or in the course of employment with the Crown.
S. 2(2AB) inserted by No. 67/2013 s. 649(Sch. 9 item 28(2)).
(2AB) The compensation referred to in subsection (1), in respect of personal injury suffered on or after 1 July 2014 is to be paid in accordance with and subject to the Workplace Injury Rehabilitation and Compensation Act 2013 as if within the meaning of that Act at the time the person so suffered the personal injury—
(a) the person was a worker over the age of 21 years employed by the Crown at an average weekly wage the amount of which is determined under subsection (2B); and
(b) the person suffered a personal injury out of or in the course of employment with the Crown.
S. 2(2AC) inserted by No. 5/2021 s. 52(2).
(2AC) The provisional payments referred to in subsection (1AA) are to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires to, or for the benefit of, those persons to whom or for whose benefit, provisional payments would be payable under that Act if—
(a) the person had been, at the time the personal injury was suffered, a worker employed by the Crown; and
(b) the personal injury has arisen out of or in the course of that employment—
within the meaning of that Act.
S. 2(2B) inserted by No. 10191 s. 276(Sch. 2), substituted by No. 44/2014 s. 33(Sch. item 19).
(2B) The amount of the average weekly wage in respect of each financial year is the amount of the average weekly total earnings of all employees in Victoria in original terms last published by the Australian Bureau of Statistics as at 15 June last preceding that financial year in respect of the most recent reference period in the calendar year last preceding that 15 June.
S. 2(3) amended by Nos 9902 s. 2(1)(Sch. item 200), 37/2014 s. 10(Sch. item 126.2(b)).
(3) Subject to subsection (4) when a person who assists or attempts to assist a police officer as provided in subsection (1) suffers damage to or destruction of any property that belongs to him or that is in his possession or under his control and the damage or destruction arises out of, or in the course of his so assisting or attempting to so assist the police officer, the Minister may authorize the payment to the owner of the property of such compensation for the damage or destruction as the Minister thinks reasonable in the circumstances.
S. 2(4) amended by No. 9902 s. 2(1)(Sch. item 200).
(4) A person shall not be entitled to recover both damages in respect of damage or destruction to any property referred to in subsection (3) and compensation under this section in respect thereof and if a person so recovers both damages and compensation the amount of the compensation may be recovered from the person by the Minister by proceedings in a court of competent jurisdiction as a debt due by that person to the Crown.
S. 3 substituted by Nos 10191 s. 276(Sch. 2), 50/1994 s. 128(b), amended by Nos 74/2000 s. 3(Sch. 1 item 99.1), 29/2006 s. 3(Sch. 1 item 29), 67/2013 s. 649(Sch. 9 item 28(3)).
3 Jurisdiction
Where any question or matter arises under this Act (other than section 2(3) and 2(4)), including any question as to the amount of any compensation payable or the existence and extent of dependency, the County Court, the Magistrates' Court and the Victorian Civil and Administrative Tribunal shall have under this Act the same jurisdiction to hear and determine the question or matter as though it were a question or matter that arose under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (as the case requires), and where the County Court, the Magistrates' Court or the Victorian Civil and Administrative Tribunal exercises that jurisdiction such of the provisions of those Acts as are applicable shall with the necessary adaptations and modifications apply.
S. 4
amended by Nos 9902 s. 2(1)(Sch. item 200), 37/2014 s. 10(Sch. item 126.3).
4 Minister may recover compensation paid
Where compensation has been paid pursuant to section 2 and the personal injury damage or destruction in respect of which compensation has been paid was caused under circumstances creating a liability in some person other than a police officer to pay damages in respect thereof, the Minister may take proceedings against that person in a court of competent jurisdiction to recover from him the amount of the compensation paid under this Act.
S. 5
amended by Nos 9902 s. 2(1)(Sch. item 201), 5/2021 s. 53.
5 Expenses for carrying out this Act to be paid from Consolidated Fund
The amount of any compensation or provisional payments paid pursuant to section 2 and any expenses incurred in the administration of this Act shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.
S. 6
amended by Nos 9902 s. 2(1)(Sch. item 202), 10191 s. 276(Sch. 2), 50/1994
s. 128(c), 74/2000 s. 3(Sch. 1 item 99.2), 10/2004 s. 15(Sch. 1 item 20), 37/2014 s. 10(Sch. item 126.3).
6 Penalty for offence under this Act
A person who, in or in connexion with any claim for compensation under this Act, wilfully makes any false statement to or otherwise wilfully misleads or attempts to mislead the Minister the County Court, the Magistrates' Court, the Victorian Civil and Administrative Tribunal, a police officer or any other person shall be guilty of an offence and shall be liable to a fine of 5 penalty units or imprisonment for three months or to both such fine and imprisonment.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Police Assistance Compensation Act 1968 was assented to on 26 November 1968 and came into operation on 1 January 1969: Government Gazette 24 December 1968 page 4153.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Police Assistance Compensation Act 1968 by Acts and subordinate instruments.