113Procedure if other claim has been made

113 Procedure if other claim has been made

113 Procedure if other claim has been made

(1) This section applies if the circumstances of an injury to, or illness of, a NSW Police Force senior executive may give rise to—

(a) a claim for damages, or

(b) a claim for compensation other than compensation under the Workers Compensation Act 1987.

(2) Subject to and in accordance with this division, the senior executive may be granted sick leave on full pay if the senior executive provides an undertaking, in the form approved by the Commissioner, that—

(a) any claim made by the senior executive will include a claim for the value of any period of sick leave on full pay granted, and

(b) if the senior executive receives or recovers damages or compensation under the claim for loss of salary or wages during any period of sick leave granted—the senior executive will repay to the Commissioner any money paid by the Commissioner to the senior executive in relation to the period of sick leave granted.

(3) Sick leave on full pay must not to be granted to a NSW Police Force senior executive who refuses or fails to complete an undertaking under subsection (2), except with the express approval of the Commissioner given on the grounds that the refusal or failure is unavoidable in the circumstances.

(4) On repayment of money to the Commissioner in accordance with an undertaking given by a NSW Police Force senior executive under subsection (2), sick leave equivalent to the repayment, calculated at the ordinary rate of pay of the senior executive, must be restored to the credit of the senior executive.