155Payments under part to be reduced by income from other sources

155 Payments under part to be reduced by income from other sources

155 Payments under part to be reduced by income from other sources

(1) If a payment is made under this part by the Commissioner to an incapacitated police officer, the Commissioner may reduce the amount of the payment by the amount of any income the Commissioner is satisfied the police officer receives from another source.

(2) For subsection (1), the following payments are not income—

(a) superannuation payments,

(b) payments for annual leave or extended leave that are not paid in relation to, or do not arise from, the incapacitated police officer’s injury,

(c) a payment relating to or arising from the loss of a part, or the use of a part, of the incapacitated police officer’s body to the extent the compensation is not compensation for—

(i) loss of income, or

(ii) loss of earning capacity,

(d) non-renewal benefit payments,

(e) welfare, social security or other support payments, benefits or allowances from the Australian Government,

(f) payments for pain and suffering under the Workers Compensation Act 1987, section 67 before its repeal.

(3) A payment may be income for this section whether it is—

(a) a lump sum, a periodic payment or a combination of a lump sum and a periodic payment, or

(b) in the nature of a capital payment or an income payment.

(4) In this section—

non-renewal benefit payment means the payment of a benefit under the Crown Employees (Police Officers - 2024) Award, clause 72.