Police (Compensation Scheme) Regulations 2021

The regulations revolve around a small set of core legal and administrative concepts. Each concept is a defined trigger or procedural mechanism that structures how claims are processed.

• Member and medically retired member: The regulations repeatedly distinguish between “member” and “medically retired member”. The operative meaning for some terms is cross-referenced to the Police Act (see reg 3(2) which aligns defined terms in these regulations with s. 33ZS and s. 33ZZ of the Act). The term “degree of permanent impairment” is defined by the Act (reg 3(1) references s. 33ZW(1)).

• Approved assessors: Two assessor classes are central. “Approved permanent impairment assessors” are those the Police Commissioner may appoint and must be approved as permanent impairment assessors under the WCIM Act s. 193(1) (reg 3(1) definition, regs 11-12). Separately, “approved (WorkCover WA) medical practitioner” is the term used for medical practitioners from the WorkCover system (reg 3(1) and regs 10B-10D). The regulator requires written consent to appointment (regs 11(1), 12A/12B(1)). The Commissioner maintains a publicly available register of approved permanent impairment assessors (reg 11(2)-(4)).

• Member choice of assessor: Members or medically retired members may select the approved permanent impairment assessor who will conduct the permanent impairment assessment (reg 4(4)). For permanent total incapacity medical assessments, an assessor may arrange for an assessment by an approved (WorkCover WA) medical practitioner selected by the member or medically retired member (reg 10B(1)(a)); a published list on the Police Force website must be maintained (reg 10B(3)).

• Evidence, tests and attendance: Assessors and approved medical practitioners have express statutory power to require attendance at specified times/places, to require specified medical tests and assessments, to require questions to be answered, and to require production of documents, including by consent from third parties (regs 5, 6, 10B, 10C, 10E, 10F). Requirements must be given in writing and include prescribed content (see regs 5(2), 6(2), 10B(2), 10E(2), 10F(3)).

• Time limits and extensions: Standard compliance periods are 28 days (reg 6(3); reg 10G(1)). Assessors must make determinations within 3 months after receipt of required documents (reg 10I(4)). Extensions are permitted under structured rules: applicants may request extensions (reg 10G), assessors or the Police Commissioner may grant extensions in specified circumstances (reg 10G(3)-(5), reg 10I(5)-(6)); extensions are constrained to preserve the deadline for the assessor’s determination (reg 10G(5)(b)).

• Reports and notices: Assessors and medical practitioners produce reports in approved forms that must include certificates, reasons and other prescribed information (reg 9(1)-(2), 10D(1)-(2), 10I(1)-(3)). The Police Commissioner must give these reports to the affected member or medically retired member within 14 days of receipt (regs 9(3), 10D(3), 10J(1)); those reports have statutory notice effect for the purposes of the Act (see reg 9(4), reg 10J(2)).

• Payment mechanics and fees: The Police Commissioner must pay fees and charges for assessments arranged under the regulations (reg 13). The maximum fees are applied from the Workers Compensation (Approved Permanent Impairment Assessor) Fees Order 2024 Schedule 1, with specified textual substitutions and modifications (reg 14). GST is treated as a net figure and added if payable (reg 15). Payment of compensation to a medically retired member under s. 33ZV(1) must be made within 28 days of written acceptance or within 28 days after a dispute is determined (reg 10).

• Modifications to external guidance: The regulations modify how the Permanent Impairment Guidelines are to be read for the scheme - definitions of “injury” and “worker” are redirected to the scheme’s terms, dispute-related provisions of the Guidelines are excluded, and noise-induced hearing loss is to be assessed under Chapter 9 as if not noise-induced (reg 8).

• Representative arrangement: There is a statutory pathway for third parties to act for medically retired members if capacity or incapacity circumstances are present; the regulator prescribes who qualifies, witness requirements and the form of notice (regs 17-18). If the medically retired member is incapable, a guardian, enduring guardian, or attorney may sign the notice (reg 18(3)(b)).

These concepts are operationalised through required forms, registers published on the Police Force website, requirement letters with prescribed contents, and deadlines for responses and reports. The regulations therefore convert broad statutory entitlements and decision points in the Police Act into a set of administrable, time-bound procedural steps.

The immediately affected parties are members of the Police Force and medically retired members who seek compensation under the relevant provisions of Part 2D of the Police Act, assessors and medical practitioners who perform assessments, and the Police Commissioner as the administrative counterparty to the scheme.

• Members and medically retired members: They are the claimants who initiate assessments under reg 4(2) or apply for compensation under reg 10A. They must comply with requests to attend assessments, undergo medical tests and examinations, answer questions and provide documents and information within prescribed periods (regs 5-6, 10E-10F). They choose the assessor in many instances (reg 4(4), reg 10B(1)(a)) and may be required to provide personal, social and financial information (reg 10F(4)). Failure to comply permits deferment (reg 7), and non‑compliance can materially delay determinations and payment.

• Approved permanent impairment assessors and approved (WorkCover WA) medical practitioners: These persons perform statutory assessments, issue certified reports and make determinations under delegated powers. They must obtain consent before appointment (regs 11(1), 12B(1)), provide reports in approved forms with reasons (regs 9(1)-(2), 10D(1)-(2), 10I(1)-(3)), and meet timeframes for decision and reporting (reg 10I(4)). Appointments can be cancelled by the Police Commissioner at any time (regs 12(2)(b), 12B(3)(b)), and approval status under the WCIM Act is a precondition to appointment as an approved permanent impairment assessor (reg 12(1)(a)).

• The Police Commissioner and Police Force administration: The Commissioner is the central administrative actor tasked with arranging assessments (reg 4(1)), maintaining registries (reg 11(2)-(4)), paying assessors’ fees and compensation (reg 13, reg 10), receiving assessor reports and providing them to members (regs 9(3), 10J(1)), and granting limited extensions to assessors (reg 10I(6)). The Commissioner also holds discretion to cancel assessor appointments (regs 12(2)(b), 12B(3)(b)) and to apply the fee schedule (reg 14).

• Third-party document holders and healthcare providers: Assessors may require consent from members or the Commissioner to enable third parties to produce relevant documents (reg 6(1)(b)). This compels records custodians, hospitals and treating practitioners to provide reports where consent is validly procured.

• Representatives and guardians: Persons who act on behalf of medically retired members (spouses, de facto partners, close associates, next friends in disputes, or legal practitioners) are regulated by eligibility and witnessing rules (regs 17-18). If the medically retired member lacks capacity, guardians or enduring attorneys may provide the required notice and act (reg 18(3)(b)).

• Fee-order administrators and tax collectors: The Workers Compensation (Approved Permanent Impairment Assessor) Fees Order 2024 is applied into these regulations (reg 14), and GST treatment is specified (reg 15). The fee-order operator’s schedule therefore affects how much the Commissioner pays and how assessors price services.

Indirect effects include legal practitioners who might be appointed as assessors under reg 12A (they must have 8 years’ standing and experience with workers’ compensation-style schemes). Insurers or other third parties who may be affected by determinations under the Police Act are not addressed directly by these regulations, but will be indirectly affected by timing and content of determinations and reports (for example, timeframes for payment or dispute outcomes). Journalists and researchers will find the public register and the Police Force website publishing requirements (regs 11(2)-(4), 10B(3)) useful for transparency.

Overall, the regulations allocate procedural obligations among claimants, assessors and the Police Commissioner, impose documentation and attendance duties on claimants and third parties, and place payment obligations on the Commissioner. Who bears out-of-pocket costs for assessments is explicit: the Police Commissioner pays the fees (reg 13), but claimants bear non-monetary costs of attendance, disclosure and the time taken to comply.

The regulations create a structured set of duties for assessors, the Police Commissioner and members/medically retired members, and provide several procedural rights to members. The duties and rights are specific, time‑limited and form‑linked.

Key duties

• Police Commissioner duties:

  • Notify medically retired members of the procedure to determine compensation under s. 33ZW(3) for those to whom s. 33ZW(4)(b) applies (reg 4(1)).
  • Arrange assessments when requested, using an approved assessor selected by the member (reg 4(4)).
  • Maintain and publish a register of approved permanent impairment assessors on the Police Force website (reg 11(2)-(4)).
  • Ensure a list of approved (WorkCover WA) medical practitioners is published on the Police Force website (reg 10B(3)).
  • Pay assessors’ fees and charges for assessments arranged under the regulations (reg 13).
  • Give assessor reports to the relevant member or medically retired member not later than 14 days after receiving the report (reg 9(3); similarly reg 10J(1) for determinations under Div. 2).
  • Pay compensation to a medically retired member within 28 days after written notice of acceptance, or within 28 days after resolution of a dispute (reg 10).

• Assessor duties:

  • Conduct assessments according to the Act and these regulations, and produce reports in the approved form that include certificates and reasons (regs 9(1)-(2), 10D(1)-(2), 10I(1)-(3)).
  • Provide reports to the Police Commissioner within prescribed timeframes, typically within three months after receipt of documents (reg 10I(4)).
  • Require attendance, tests, examinations and documents as necessary and include prescribed content in requirements (regs 5(1)-(3), 6(1)-(3), 10B(1)-(2), 10C(1)-(2), 10E(1)-(2), 10F(2)-(3)).

• Member and medically retired member duties:

  • Make requests or applications in approved forms (reg 4(3), reg 10A).
  • Comply with reasonable written requirements to attend, undergo tests, be examined and produce documents and information (regs 5-6, 10E-10F).
  • Provide documents and information within 28 days unless a different period is specified or an extension is granted (reg 6(3), reg 10G).
  • If providing additional documents voluntarily, observe the deadlines laid out in reg 6(5) and reg 10H.

Key rights

• Right to select assessor: Members and medically retired members may select the approved permanent impairment assessor or an approved (WorkCover WA) medical practitioner for the assessment (reg 4(4); reg 10B(1)(a)). This gives the claimant input into the choice of clinician/assessor.

• Right to be informed and to receive reasons: Reports supplied to the Police Commissioner must be provided to the member and include reasons for the assessment or determination (regs 9(2)(b), 10D(2)(b), 10I(3)(a)), and the regulations treat these reports as notices for the purposes of the Act (regs 9(4), 10J(2)).

• Right to request extensions: Members and the Commissioner may request extensions for compliance with information requests under reg 10G(2). For a first timely request, the assessor must grant an extension (reg 10G(3)(a)).

• Right to representation: A medically retired member may have a qualified representative act on their behalf (reg 17(1)-(3)), with specified procedural steps for notice and witnessing (reg 18). Guardians or attorneys may act where the medically retired member is incapable (reg 18(3)(b)).

• Rights concerning fees and payment: Assessors’ fees are to be paid by the Police Commissioner (reg 13) and fee caps are applied from an external fee order (reg 14). Compensation payments to medically retired members are time‑bound (reg 10).

Procedural constraints and protective detail

• Requirements for written format and content: Requirements to attend or produce information must be in writing and include prescribed identifying and contact details, the legal provision engaged and the time and place for attendance or production (see regs 5(2), 6(2), 10B(2), 10E(2), 10F(3)).

• Deferment power: Assessors may defer making an assessment if a member fails to comply with a requirement (reg 7). That is a procedural enforcement power.

• Limits on challenge mechanisms within the Guidelines: The regulations expressly provide that dispute-related provisions in the Permanent Impairment Guidelines do not apply to assessments under s. 33ZW of the Act (reg 8(4)). This modifies the dispute landscape and must be read alongside the Act.

These duties and rights allocate the principal obligations to give the scheme structure: members must engage proactively (complete forms, provide documents, undergo testing), assessors must conduct and justify assessments within time limits and the Commissioner must administer lists, pay fees and provide reports. The scheme balances claimant choice over assessors with procedural obligations to ensure timely determinations.

The text of these regulations establishes procedural enforcement levers and operational consequences rather than criminal penalties. The enforcement mechanisms are administrative and focus on compliance incentives and consequence-management.

Administrative enforcement mechanisms

• Deferment of assessment for non-compliance: The principal immediate enforcement tool is the assessor’s power to defer making the assessment where a member or medically retired member fails to comply with a lawful requirement to attend examinations, produce documents or undergo tests (reg 7). Deferral operates as a means to preserve the integrity of the evidence base and to incentivise compliance. It indirectly enforces the production of documents and attendance by creating a tangible cost to non-compliance in the form of delay.

• Time-limited reporting and extensions: The regulations create binding timeframes for production of documents and for assessors to make determinations (reg 10I(4)). The ability of either the assessor or the Police Commissioner to grant extensions is controlled and limited (reg 10G(3)-(5), reg 10I(5)-(6)), which provides a regime of administrative oversight to prevent indefinite delay while giving some flexibility for genuine inability to comply.

• Ability to require third-party production with consent: Assessors may require a member or the Commissioner to consent to third-party production of documents (reg 6(1)(b)). The requirement is not a direct coercive order to third parties, but it operates to extract otherwise unavailable documents through the claimant’s valid consent, which is an enforcement mechanism to gather relevant evidence.

• Cancellation of appointment of assessors: The Police Commissioner may cancel the appointment of an approved permanent impairment assessor or an assessor at any time (regs 12(2)(b), 12B(3)(b)). This provides an enforcement lever over assessors’ conduct through an administrative removal power. Notice of cancellation must be in writing (regs 12(3), 12B(4)), imposing procedural safeguards for the assessor in receiving notice.

Monetary enforcement and payment obligations

• Fee payment obligation on Police Commissioner: The Commissioner is obliged to pay assessors’ fees and charges for the assessments arranged under the regulations (reg 13). This places a clear financial responsibility on the Commissioner rather than on the claimant. The fee schedule is capped by an applied workers compensation fees order (reg 14), and GST is to be added where applicable (reg 15).

• Payment timetable for compensation: The Commissioner must pay compensation to a medically retired member within 28 days of the member’s written notice of acceptance or within 28 days following a dispute determination (reg 10). This creates an enforceable expectation for prompt payment arising from the report and acceptance process.

Absence of criminal penalties within these regulations

• The regulations do not themselves create criminal offences or fines for non-compliance. Instead, non-compliance yields procedural consequences such as deferment or delayed determinations. Any criminal sanctions, if they exist, would need to be located in the Police Act or other laws; they are not present in the regulation text.

Enforcement risk and oversight levers

• Discretionary extensions: The assessor must grant a first timely extension request made before expiry of the original compliance period (reg 10G(3)(a)), but subsequent requests may be refused (reg 10G(3)(b)). This introduces a compliance gate where an unwilling or slow claimant may be denied further time. The Police Commissioner has a role in extending the assessor’s reporting deadline for up to three months (reg 10I(6)), which is a check on the assessor’s procedural pressures but also presents a potential delay vector.

• Cancellation at will: The Commissioner’s power to cancel appointments “at any time” (regs 12(2)(b), 12B(3)(b)) is a strong administrative enforcement tool. It implies assessors operate at the Commissioner’s pleasure; however, the regulations do require written notice of cancellation (regs 12(3), 12B(4)), which is the only procedural safeguard specified.

• Representational checks: Persons acting on behalf of medically retired members must meet competence and interest tests and give notice in an approved form (regs 17-18). These provisions guard against unqualified or conflicting representatives and are an enforcement mechanism that protects the integrity of representation in the process.

In short, enforcement in this scheme is primarily administrative: compliance with written requirements and timeframes is enforced by deferral, denial of extensions, cancellation of appointments and the procedural operation of reports and payment deadlines. The regulations do not themselves create separate criminal offences or monetary penalties for non-compliance.

The regulations are explicitly dependent on, and cross-reference, several external statutory instruments and guidance documents. They operate as procedural regulations under the Police Act and import other statutory regimes by reference.

Primary statutory linkages

• Police Act 1892, Part 2D references: The regulations implement procedural steps for assessments and determinations under Part 2D of the Police Act. They repeatedly reference specific sections of the Act (for example, s. 33ZW, s. 33ZX, s. 33ZZ, s. 33ZZB, s. 33ZV and s. 33ZZI) as the legal basis for assessments, reports and notices (see regs 3(1), 4(1)-(4), 9(4), 10, 10I(2)). The regulations therefore do not replace the substantive law in the Police Act; they prescribe processes to give effect to the Act’s entitlements and determinations.

• WCIM Act s. 193(1): The term “approved (WorkCover WA) medical practitioner” is defined with reference to the WCIM Act s. 193(1) (reg 3(1)). The regulations require assessors in some contexts to be approved as permanent impairment assessors under the WCIM Act (reg 12(1)(a)). Consequently, approval and standards under the workers’ compensation machinery are imported as a qualification standard.

• Workers Compensation (Approved Permanent Impairment Assessor) Fees Order 2024: The regulations apply the Schedule 1 fee scale from that order with specified textual substitutions and modifications (reg 14). The fee caps and categories set in the separate instrument therefore govern how much assessors can be paid under this scheme, subject to the 2024 Order’s content and the modifications described in reg 14(2).

Cross-references to other procedural statutes

• Oaths, Affidavits and Statutory Declarations Act 2005 s. 12(6): The witnessing requirement for the medically retired member’s signature on a representative notice requires an authorised witness as defined by s. 12(6) of that Act (reg 18(2)(b)). This imports the evidentiary and witnessing rules of that Act into the representative process.

• Guardianship and Administration Act 1990: The definitions of guardian, enduring guardian and enduring power of attorney are referenced for the circumstances where a medically retired member is incapable and the notice must be signed by the guardian or attorney (reg 18(3)(b)). The capacity assessment and appointment regimes under that Act therefore interact with the representative provisions here.

• A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth): The definition of GST is imported by reference in reg 15(1) for the purpose of prescribing GST treatment of the fee scale. This determines whether the fee payable is increased by 10% where GST applies.

Relation to the Permanent Impairment Guidelines

• The regulations modify how the Permanent Impairment Guidelines are to be read when used to assess “degree of permanent impairment” under s. 33ZW of the Act (reg 8). They reframe “injury” to be read as a medical condition that is a personal injury by accident, substitute “worker” with “member or medically retired member”, exclude the Guidelines’ dispute provisions from application here, and direct that noise-induced hearing loss be assessed under Chapter 9 as if it were not noise-induced (reg 8(2)-(5)). This is a direct textual modification of how an external technical guideline will operate within the police compensation scheme.

Practical interoperability effects

• Standards and approvals established under the workers’ compensation framework (WCIM Act approvals and the workers’ compensation fee order) will determine who can act as assessors, how much they can charge, and the nature of medical assessments. The regulations therefore create a hybrid operational model that borrows clinical and fee standards from the WorkCover/Workers Compensation system while sitting under the Police Act.

• The representative provisions require compliance with witnessing rules and capacity determinations in overlapping legislation, meaning the Police Commissioner will, in practice, need to interpret capacity and guardianship documents that originate under the Guardianship and Administration Act when accepting representative notices.

• The application of the fee order with textual modifications (reg 14(2)(a)-(d)) means the words “report”, “certificate” and “worker” in the fee order are to be read as the corresponding items in these regulations; this textual linkage ensures consistent fee treatment across occupational compensation schemes but requires careful cross-reading of two instruments.

Limits on implied interactions

• The regulations do not, by themselves, amend substantive entitlements in the Police Act. They operate procedurally and rely on the Act for substantive determinations. Any substantive conflict between a regulation and the Act would be resolved by the Act; the regulations are framed to support and operationalise the Act’s terms.

In sum, the instrument is deliberately intertwined with the Police Act and workers’ compensation legal architecture. It relies on approvals, fee scales and statutory definitions established elsewhere, and it imports procedural rules (witnessing, guardianship, GST) from other statutes. Users must therefore read the regulations together with the cited provisions of the Police Act, the WCIM Act approvals, the Workers Compensation fee order and the referenced statutes on witnessing and guardianship to understand the complete legal position.

The compilation table and marginal notes within the regulation text show an initial commencement in 2021 and a substantial set of amendments in 2024. The instrument is presented as the 2021 Regulations, with changes recorded under SL 2024/101. The compilation table provides dates and commencement details and individual regulations carry marginal notations of amendment or insertion. The following is a focused summary of the changes that the text itself reveals.

Chronology and commencement

• Original instrument: Police (Compensation Scheme) Regulations 2021 (SL 2021/223) published 31 December 2021, with Part 1 commencing 31 December 2021 and the remainder 1 January 2022 (compilation table).

• Amendment instrument: Police (Compensation Scheme) Amendment Regulations 2024 (SL 2024/101) published 12 June 2024. The compilation table indicates staggered commencement: Part 1 of the Amendment Regulations commenced 12 June 2024, Part 2 commenced 13 June 2024, and other regulatory changes came into force 1 July 2024 (compilation table).

Content of 2024 amendments as shown in marginal notes and inserted headings

• Multiple regulations bear marginal notes indicating amendment or insertion by SL 2024/101. The text shows that the 2024 amendments:
  • Inserted Division 2 of Part 2 (Permanent total incapacity for work) containing regs 10A-10J, including provisions for applications, medical assessments, evidence, timeframes and report obligations (marginal notes: “Heading inserted: SL 2024/101 r. 9.” and “Regulation 10A inserted: SL 2024/101 r. 9.” etc.).
  • Amended Division 1 to clarify assessment of permanent impairment and procedural details (see “Heading inserted: SL 2024/101 r. 5.” and other notes).
  • Added Part 3A (Assessors) with regs 12A and 12B, specifying legal practitioner qualifications (reg 12A) and appointment/cancellation rules for assessors (reg 12B) (marginal note: “Heading inserted: SL 2024/101 r. 10.”).
  • Amended definitions and the preliminary provisions (reg 3 amended: SL 2024/101 r. 4 and 15).
  • Modified regulations on fees, including application of the Workers Compensation Fees Order 2024 and GST treatment (regs 14-15; marginal notes indicate SL 2024/101 r. 12 and r. 19).
  • Added or modified regs concerning the duration and cancellation of appointments for approved permanent impairment assessors (reg 12 amended: SL 2024/101 r. 17 and 20).
  • Introduced regs 17-18 (persons who may act on behalf of medically retired members and notice requirements) (marginal notes: “Regulation 17 inserted: SL 2024/101 r. 13.” and “Regulation 18 inserted: SL 2024/101 r. 13.”).
  • Inserted a transitional provision, reg 19, for the Amendment Regulations 2024 (reg 19 inserted: SL 2024/101 r. 14).

Text-level markers of amendment

• The regulations carry specific marginal amendment annotations at many provisions. For example:
  • Reg 3 amended: SL 2024/101 r. 4 and 15.
  • Reg 4 amended: SL 2024/101 r. 20.
  • Reg 5 amended: SL 2024/101 r. 20.
  • Reg 6 amended: SL 2024/101 r. 6 and 20.
  • Reg 7 amended: SL 2024/101 r. 20.
  • Reg 8 amended: SL 2024/101 r. 7 and 16.
  • Reg 9 amended: SL 2024/101 r. 8 and 20.
  • Reg 11 amended: SL 2024/101 r. 20.
  • Reg 12 amended: SL 2024/101 r. 17 and 20.
  • Reg 13 amended: SL 2024/101 r. 11.
  • Reg 14 amended: SL 2024/101 r. 12; SL 2024/101 r. 18.
  • Reg 15 amended: SL 2024/101 r. 19.
  • Part 6, reg 19, was inserted by SL 2024/101 r. 14.

Functional consequences of amendments evident from the text

• The 2024 amendments broaden the procedural detail for permanent total incapacity claims (Div. 2), add legal practitioner assessors (Part 3A), create clearer fee application rules tied to a workers’ compensation fee order, and add representational rules for medically retired members. These changes convert earlier, less-detailed rules into a more prescriptive, administrable system with explicit forms, disclosure timetables and reporting obligations.

• The modifications to the Permanent Impairment Guidelines application (reg 8) and the links to external fee and approval regimes indicate an intent to harmonise the police scheme’s technical and economic elements with the workers’ compensation framework.

Because the compilation table and marginal notes are embedded in the regulation text, the amendments identified above are those the text itself records. For complete legislative history and the precise wording of prior versions, the underlying SL instruments (SL 2021/223, SL 2024/101) should be examined in sequence, but the compiled text as presented shows the final 2024-amended positions.

The regulation text itself contains no record of any litigation, case citations or judicial interpretations. It does not list any reported decisions or statutory challenges in the notes or compilation table. The only historical information recorded in the compilation table relates to publication and commencement dates for the original regulations (SL 2021/223) and the amendment regulations (SL 2024/101).

What the regulation text does provide, however, is the procedural foundation that would be engaged in any litigation concerning entitlements under Part 2D of the Police Act. If a dispute under the Act proceeds to litigation or judicial review, the following aspects of the regulations are likely to be relevant evidence of the administrative process and procedural fairness standards available to members and medically retired members:

• The requirement that reports include certificates and statements of reasons (regs 9(2), 10D(2), 10I(3)(a)), which will inform judicial review claims about adequacy of reasons or procedural fairness.

• The mandated timeframes for provision of documents and reporting (e.g. reg 6(3), reg 10I(4)), and authorised extension mechanisms (reg 10G, reg 10I(5)-(6)), which will be determinative in cases alleging unreasonable delay.

• The power to defer assessments for non-compliance (reg 7), which could be considered in litigation about whether delay in assessment was justified.

• The modifications to the Permanent Impairment Guidelines (reg 8) and the exclusion of the Guidelines’ dispute provisions from the assessment regime here (reg 8(4)), which could become focal points in disputes about applicable procedures and available appeal pathways.

Because there are no cases cited within the regulations themselves, the text does not supply a litigation history. Users seeking case law must look beyond the regulation text to court and tribunal databases to find judicial consideration of these regulations or related provisions of the Police Act. The regulations should be read as an administrative scheme that may generate litigation on typical grounds (procedural fairness, jurisdictional error, adequacy of reasons, delay), but the regulation text contains no report of any such litigation.

The regulations are procedural and detailed; several features can produce unintended consequences or pitfalls for claimants, assessors and administrators if they are overlooked. The most important operational “gotchas” are procedural, timing and evidential.

1. Choice of assessor does not equal control of process timing

   • Members may select the approved permanent impairment assessor or approved (WorkCover WA) medical practitioner (regs 4(4), 10B(1)(a)). However, selection does not remove the member’s obligation to comply promptly with requirements; assessors can defer assessments if requirements are not met (reg 7). Choosing an assessor does not guarantee speed; it can create scheduling or geographic delays depending on the assessor chosen.

2. Strict, mostly 28-day disclosure periods with limited first-extension obligation

   • Many document and information requirements default to 28 days (reg 6(3); reg 10G(1)). While a first extension must be granted by the assessor if requested before the original compliance period expires (reg 10G(3)(a)), subsequent extensions are discretionary (reg 10G(3)(b)), and extensions must end before the assessor’s reporting deadline (reg 10G(5)(b)). Failing to request an extension in time or failing to supply documents within 28 days may lead to deferral and delayed determinations.

3. De facto reliance on forms and prescribed content

   • Numerous provisions require approved forms and content in requirement notices (see reg 3(1) definition of approved form, and the substantial lists of items required in regs 5(2), 6(2), 10E(2), 10F(3)). A procedural defect in a requirement notice or application form could generate a procedural challenge or cause non‑compliance. Practitioners should check that all administrative letters and forms contain the prescribed elements.

4. Reports are notices for purposes of the Act

   • Reports provided under regs 9 and 10J constitute statutory notices under the Police Act (reg 9(4); reg 10J(2)). The content and timing of those reports therefore trigger rights and deadlines under the Act. Missing or inadequate statements of reasons in a report can be pivotal in any subsequent dispute or internal review.

5. Modifications to the Permanent Impairment Guidelines change dispute options and assessment method

   • The regulations disapply dispute-related provisions of the Permanent Impairment Guidelines for assessments under s. 33ZW (reg 8(4)), and reframe noise-induced hearing loss to be assessed as if not noise-induced (reg 8(5)). This may restrict the procedural avenues available to challenge an assessment and changes the technical assessment approach for certain conditions.

6. Representative notices have technical witnessing and capacity requirements

   • A representative’s authority must be evidenced in an approved form, with the medically retired member’s signed consent witnessed by an authorised witness under the Oaths Act (reg 18(2)). If the medically retired member is incapable, only a guardian, enduring guardian or attorney may sign (reg 18(3)(b)). Failure to follow these rules may result in the Police Commissioner not accepting the representation.

7. Cancellation power creates appointment volatility

   • The Commissioner may cancel appointments of approved permanent impairment assessors or assessors at any time (regs 12(2)(b), 12B(3)(b)). There is no statutory criteria or appeal process set out in the regulations for such cancellations; while written notice is required (regs 12(3), 12B(4)), the potential for sudden cancellation can disrupt continuity of assessment.

8. Fees are governed by an external order and GST treatment is explicit

   • The fee cap comes from the Workers Compensation (Approved Permanent Impairment Assessor) Fees Order 2024 Schedule 1 as applied and modified (reg 14). The regulations treat scale figures as net and add GST where applicable (reg 15). Assessors and the Commissioner must reconcile the chargeable fee with the applied order and the GST position. Misunderstanding the fee-order substitutions in reg 14(2) may produce billing disputes.

9. Email and postal service deemed times may create timing traps

   • Email notices are taken to be given on the next working day after sending (reg 16(4)). Postal notices to addresses outside Australia are taken to be given 11 working days after posting (reg 16(3)(b)). If parties rely on email late on a working day or on overseas posting, a compliance or extension request may be missed due to these deemed times.

10. Production by consent rather than compulsory subpoena

    • The regulations permit an assessor to require a member or the Commissioner to consent to another person producing documents (reg 6(1)(b)), but they do not create a direct statutory power to compel third parties to produce documents without consent. This may complicate evidence collection if a third-party custodian refuses to cooperate absent a separate legal compulsion.

11. Social and financial disclosure may be required for quantum

    • For determinations of amount of compensation, the approved form may require social and financial information and statutory declaration verification (reg 10F(4)). Members may find these disclosures intrusive and must be prepared to provide documentary evidence. Refusal to provide this information may delay or affect the assessor’s determination.

Practitioners should beware that many of these “gotchas” turn on procedural timing, form‑based technicalities and interplay with external instruments. A small administrative misstep (e.g. defective notice content, missed 28-day window, flawed witnessing) can produce substantive delay or effective loss of access to a timely determination.

Complying with the regulations requires a disciplined administrative approach covering forms, timetables, evidence gathering, witness and capacity checks, and active case management. Below are practical steps and tactical recommendations tied to the specific regulatory provisions.

1. Use approved forms and checklists

   • Always use the “approved form” required by the regulation. The definition of approved form is in reg 3(1), and multiple provisions require applications, reports and notices to be in the approved form (for example, reg 4(3) for requests to arrange a permanent impairment assessment; reg 10A for applications for compensation for permanent total incapacity). Confirm the current approved form on the Police Force website before submission.

2. Choose an assessor promptly and confirm appointment

   • Where member selection of an assessor is allowed (reg 4(4) and reg 10B(1)(a)), select an assessor from the Police Commissioner’s register (reg 11(2)-(4)) or from the published list of approved (WorkCover WA) medical practitioners (reg 10B(3)). Obtain written confirmation of the assessor’s consent to appointment. If you represent a member, obtain written authority in the approved representative form (reg 18).

3. Document and verify contact details and addresses

   • Provide the address and email to which notices should be sent as required by reg 16(2). Remember that email notices are deemed given the next working day (reg 16(4)) and posted mail to overseas addresses is deemed given 11 working days after posting (reg 16(3)(b)). Avoid using an overseas postal address where timing is critical.

4. Meet disclosure deadlines and request extensions early

   • The default compliance period for document production is 28 days (reg 6(3), reg 10G(1)(a)(i)). If you cannot comply, request an extension in writing before expiry (reg 10G(2)). A first timely request must be granted (reg 10G(3)(a)), so make the request before the original compliance period ends and explain reasons (reg 10G(2)). Ensure any granted extension still ends prior to the assessor’s reporting deadline (reg 10G(5)(b)).

5. Prepare for examinations and tests

   • Assessors may require attendance and specified medical tests (regs 5(1), 10C(1)). When served with a requirement, confirm it is in writing and contains the mandated content (regs 5(2), 10B(2)). Arrange appointments promptly and ensure test results/reports are forwarded to the assessor, including third-party examinations where required (regs 5(1)(b), 5(1)(d), 10C(1)(a)-(c)).

6. Assemble comprehensive documentary evidence

   • For permanent impairment assessments, provide any documents you consider relevant (reg 6(4)) within the window specified (reg 6(5)). For permanent total incapacity compensation determinations, complete the approved form and be prepared to provide social and financial information and documentary evidence to support the assessment of quantum (reg 10F(2)(a), 10F(4)). If the form requires statutory declaration verification, prepare a statutory declaration (reg 10F(4)(b)).

7. Preserve chain of communication and authorisations

   • Keep copies of all notices, requirements and responses. When consenting to third parties producing documents under reg 6(1)(b), obtain and record the consent in writing. For representatives, ensure the medically retired member’s declaration is witnessed by an authorised witness and that the witness certifies the required details (reg 18(2)(b), 18(4)). If the member lacks capacity, obtain the guardian’s or attorney’s documentation under the Guardianship and Administration Act to sign the representative notice (reg 18(3)(b)).

8. Monitor assessor and Police Commissioner timelines

   • Assessors must issue reports with reasons and certificates and deliver them to the Police Commissioner (regs 9(1), 10D(1)) and the Commissioner must provide the report to the member within 14 days (regs 9(3), 10D(3), 10J(1)). Track these windows and be ready to lodge disputes under the relevant Act provisions (for example, reg 10 refers to s. 33ZZB for disputes); preparation for dispute processes should begin early if an adverse assessment is anticipated.

9. Anticipate and manage fees and GST treatment

   • The Police Commissioner pays fees for assessments (reg 13), but assessors will invoice in line with the Workers Compensation Fees Order as applied here (reg 14). Ensure invoices are consistent with the applied scale and that GST is added where applicable as a 10% addition to the net figure (reg 15(2)-(3)). If you are advising an assessor, ensure the fee order’s substitutions in reg 14(2) are followed when preparing invoices.

10. Understand the implications of reg 8 modifications

    • The Permanent Impairment Guidelines are modified for the scheme (reg 8). Where a guideline refers to dispute procedures, do not assume those internal dispute provisions apply to these assessments (reg 8(4)). For noise-induced hearing loss claims, follow reg 8(5) and assess under Chapter 9 as if not noise-induced. Prepare expert evidence in light of these specific reading rules.

11. Use the register and published lists to check approval status

    • Confirm that an approved permanent impairment assessor remains approved under the WCIM Act (reg 12(1)(a)) and that their appointment has not been cancelled (regs 12(2)-(3)). Likewise, check the published list of approved (WorkCover WA) medical practitioners for availability (reg 10B(3)).

12. If non-compliance occurs, be able to explain promptly

    • If a member cannot comply with a requirement and the assessor seeks to defer the assessment (reg 7), be ready to document the reason and seek an extension or apply for internal review where appropriate under the Police Act, using the report’s status as a formal notice (regs 9(4), 10J(2)).

13. Prepare for data-sensitivity and consent management

    • Social, financial and medical records are sensitive. When consents are required to obtain third-party records (reg 6(1)(b)), ensure consents are appropriately scoped and documented. Retain copies of any statutory declarations and obtain informed consent from members before requesting records from third parties.

14. Keep litigation and dispute contingencies ready

    • Given that report content is a statutory notice (reg 9(4); reg 10J(2)), prepare potential dispute materials upon receipt of an adverse report, including requests for reconsideration or steps necessary under s. 33ZZB of the Act (reg 10 references dispute procedures). Track the 28-day payment window for compensation after acceptance or dispute resolution (reg 10).

Following these steps will reduce the risk of procedural non-compliance, delay and avoidable disputes. The pillars of good compliance practice here are timely use of the approved forms, robust documentary preparation, early extension requests when needed, strict adherence to witnessing and capacity rules for representatives, confirmation of assessor approvals, and active tracking of the statutory timelines in the regulations.