121Meaning of “exceptional injury”

121 Meaning of “exceptional injury”

121 Meaning of “exceptional injury”

(1) An exceptional injury for a person who is or was a police officer is an injury that renders the person—

(a) totally incapacitated, and

(b) unlikely ever to engage in any gainful profession, trade or occupation for which the person is reasonably qualified by reason of education, training or experience.

(2) To avoid doubt, in assessing whether a person who is or was a police officer is unlikely to ever engage in a gainful profession, trade or occupation for which the person is reasonably qualified by reason of education, training or experience, the assessment—

(a) must not be confined to an assessment of the person’s capacity to be a police officer, and

(b) must consider the person’s broader ability to engage in any profession, trade or occupation to earn an income.