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CrestWestern Australia

Police (Medical and Other Expenses for Former Officers) Act 2008

Police (Medical and Other Expenses for Former Officers) Regulations 2009

Western Australia

Police (Medical and Other Expenses for Former Officers) Regulations 2009

Contents

Part 1 — Preliminary matters

1. Citation 1

2. Commencement 1

3. Terms used 1

Part 2 — Claims procedure

4. Making claim 2

5. Response to claim 3

6. Initial medical examination 3

7. Periodic medical examinations 3

8. Treatment plan 4

9A. Application for increase for special expenses under WCIM Act section 78 4

Part 3 — Dispute resolution

9. Application of this Part 5

10. Applied provisions of WCIM Act 5

11. References to terms used in applied provisions 5

12. Forms for use under applied provisions 5

13. Information for use under applied provisions 6

14. No restriction on award of common law damages 6

15. Evidence admissible in common law proceedings 6

Part 4 — Miscellaneous matters

16. Approval of forms 7

Notes

Compilation table 8

Defined terms

Western Australia

Police (Medical and Other Expenses for Former Officers) Act 2008

Police (Medical and Other Expenses for Former Officers) Regulations 2009

Part 1 — Preliminary matters

1. Citation

	These regulations are the *Police (Medical and Other Expenses for Former Officers) Regulations 2009*.

2. Commencement

These regulations come into operation on the day on which the Police (Medical and Other Expenses for Former Officers) Act 2008 section 15 comes into operation.

3. Terms used

In these regulations —

applied provisions has the meaning given in regulation 10;

approved form means a form approved under regulation 16(1).

Part 2 — Claims procedure

4. Making claim

(1) A claim must —

(a) be in the approved form and signed by the former officer; and

(b) include or be accompanied by the information approved by the Police Commissioner; and

(c) be given to the Police Commissioner.

(2) A claim can only be made under subregulation (1) in relation to an injury to a former officer if —

(a) notice of the injury was given under the Police Force Regulations 1979 regulation 1302 before the former officer ceased to be a police officer or APLO; or

(b) if the former officer ceased to be a police officer or APLO before the day on which section 4(1) of the Act came into operation — notice of the injury is given to the Police Commissioner as soon as practicable after the former officer becomes aware of the entitlement to make a claim; or

(c) if the former officer ceased to be a police officer or APLO on or after the day on which section 4(1) of the Act came into operation — notice of the injury is given to the Police Commissioner as soon as practicable after the injury occurs.

[Regulation 4 amended: SL 2024/121 r. 4.]

5. Response to claim

(1) In this regulation —

prescribed period means —

(a) for a claim received within 6 months after the commencement of section 4(1) of the Act — 60 days after the claim is received; or

(b) for any other claim — 17 days after the claim is received.

(2) Within the prescribed period after receiving a claim from a former officer made in accordance with regulation 4, the Police Commissioner must notify the former officer in writing that —

(a) liability for the claim is accepted; or

(b) liability for the claim is denied; or

(c) a decision to accept or deny liability for the claim has not yet been made.

(3) A notice under subregulation (2)(b) or (c) must set out the reasons why liability is denied or a decision has not yet been made.

6. Initial medical examination

A former officer who has made a claim must, if required by the Police Commissioner for the purpose of deciding whether to accept or deny the claim, submit himself or herself for an examination by a medical practitioner provided and paid by the Police Commissioner.

7. Periodic medical examinations

If amounts are being paid by the Police Commissioner in respect of a claim made by a former officer, the former officer must, if required by the Police Commissioner, from time to time submit himself or herself for an examination by a medical practitioner provided and paid by the Police Commissioner.

8. Treatment plan

If a claim is for medical expenses likely to be incurred, the Police Commissioner may require the former officer to give the Police Commissioner a written statement signed by a medical practitioner setting out —

(a) the treatment proposed to be provided to the former officer in respect of the injury; and

(b) an estimate of the costs of that treatment.

9A. Application for increase for special expenses under WCIM Act section 78

(1) If a claim has been made in respect of an injury to a former officer, the final day for making an application under the WCIM Act section 78 in relation to the injury is the last day of the period of 5 years after the day on which the claim is made.

(2) The application must be accompanied by —

(a) a statutory declaration in the approved form setting out the officer’s social and financial circumstances and reasonable financial needs; and

(b) a written statement signed by a medical practitioner demonstrating the matters prescribed for the purposes of the WCIM Act section 78(3)(c).

[Regulation 9A inserted: Gazette 3 Aug 2010 p. 3566-7; amended: SL 2024/121 r. 5.]

Part 3 — Dispute resolution

9. Application of this Part

This Part applies in relation to the determination of a dispute referred to in section 7 of the Act.

10. Applied provisions of WCIM Act

The provisions (the applied provisions) of the WCIM Act that apply under section 7 of the Act in relation to the determination of a dispute include the following —

(a) sections 146, 180 and 181;

(b) Part 6 (except section 379);

(c) any other provision to the extent that the application is necessary to give effect to a provision referred to in paragraph (a) or (b).

[Regulation 10 inserted: SL 2024/121 r. 6.]

11. References to terms used in applied provisions

A reference in the applied provisions to a claim under the WCIM Act Part 2 Division 4 for medical and health expenses compensation or the WCIM Act Part 2 Division 5 for miscellaneous expenses compensation (however the claim is described) is to be read as a reference to a claim as defined in section 3(1) of the Act.

[Regulation 11 inserted: SL 2024/121 r. 6.]

12. Forms for use under applied provisions

The form to be used for an applied provision is —

(a) if the Police Commissioner has approved a form for use under the applied provision — that form; or

(b) otherwise — a form prescribed or approved under the WCIM Act for use under the applied provision, with the necessary changes.

[Regulation 12 inserted: SL 2024/121 r. 6.]

13. Information for use under applied provisions

(1) The information for use under an applied provision is —

(a) if the Police Commissioner has approved information for use under the applied provision — that information; or

(b) otherwise — information prescribed under the WCIM Act for use under that applied provision, with the necessary changes.

(2) For the purposes of this regulation, information for use under an applied provision is —

(a) information that must be included in or accompany a form to be used under the applied provision; or

(b) information to be otherwise provided for the purposes of the applied provision.

[Regulation 13 inserted: SL 2024/121 r. 6.]

14. No restriction on award of common law damages

To avoid doubt, the applied provisions do not apply in relation to the determination of a dispute referred to in section 7 of the Act so as to limit the amount of damages that may be awarded independently of the Act.

15. Evidence admissible in common law proceedings

Evidence of a statement made in a proceeding before an arbitrator under this Part is admissible in an action for damages brought independently of the Act.

Part 4 — Miscellaneous matters

16. Approval of forms

(1) The Police Commissioner may approve forms for use under the Act.

(2) An approved form may be a statutory declaration.

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Notes

This is a compilation of the Police (Medical and Other Expenses for Former Officers) Regulations 2009 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

applied provisions 3, 10

approved form 3

prescribed period 5(1)

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer