(1) Within 28 days of the receipt of a medical report under this Part, the ESS Board must provide access to the contents of the medical report to the member of the force to whom it relates in a way described in section 28(1) of the Health Records Act 2001.
(2) Despite subsection (1), the ESS Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.
Approved service
s. 47, 5448 s. 2.
47 Service to be reckoned for pension
s. 46C
(1) The service of a member of the force for the purposes of this Division (including service during any period declared by regulations to be a period of probationary service) shall be subject to such deductions in respect of sickness misconduct or neglect of duty as may be made therefrom in pursuance of any regulations, not exceeding the period during which he is absent from duty on account of sickness misconduct or neglect of duty (as the case may be).
(2) The expression approved service shall, for the purposes of this Division, mean such service as may, after such deductions as aforesaid (if any), be certified by the Chief Commissioner to have been diligent and faithful service and, in the case of a member of the police force who having been a member of the land sea or air forces of any part of the Queen's dominions joined the police force within a period of twelve months from the date of his discharge from such forces, shall include his war service.
(3) Where a deduction is made from the service of a member of the force in respect of sickness misconduct or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made; and he may appeal to the Chief Commissioner against any act of any superior officer which prevents him from reckoning any period of actual service as approved service and any period of actual service allowed by the Chief Commissioner on such appeal shall be deemed to be approved service.
s. 47
(4) For the purposes of this section war service means service with the land sea or air forces of any part of the Queen's dominions during the war which commenced in the year One thousand nine hundred and fourteen or during the war which commenced in the year One thousand nine hundred and thirty-nine or any continuation thereof.
Grant revision forfeiture and offences in respect of pensions
S. 48 amended by No. 23/1994
s. 118 (Sch. 1 item 43.4), repealed by No. 120/1994 s. 6(1)(d).
S. 49 amended by No. 120/1994
s. 6(1)(g), repealed by No. 40/2010 s. 35.
No. 3750 s. 50.
S. 50 substituted by No. 120/1994
s. 10.
50 Assignment of benefits
Benefits under this Part cannot in any way be assigned, charged or passed by operation of law other than under an Act of the Commonwealth.
S. 51
repealed by No. 7081
s. 18, new s. 51 inserted by No. 120/1994 s. 10, amended by No. 52/1998
s. 311(Sch. 1 item 74), substituted by No. 40/2010 s. 36.
51 Payment of benefits if person is incapable of managing financial affairs
(1) The ESS Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.
(2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.
(3) If the ESS Board makes a determination under subsection (1), the ESS Board may cause that person's benefits or any part of that person's benefits to be paid to—
(a) the person's guardian or administrator; or
(b) if there is no guardian or administrator, a person nominated by the ESS Board for the benefit of that person and any or all of his or her dependants—
until the ESS Board determines that the person is capable of managing his or her financial affairs.
No. 3750 s. 52.
52 Penalty for obtaining pension etc. by fraud
S. 52(1) amended by Nos 10/2004 s. 15(Sch. 1 item 21.1), 68/2009 s. 97(Sch. item 93.1).
s. 50
(1) Every person who obtains or attempts to obtain for himself or for any other person—
(a) any pension gratuity or allowance under this Division or any payment on account thereof; or
(b) the return of any rateable deductions from pay under this Division—
by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, shall be liable on conviction on indictment to imprisonment for a term of not more than two years, or on summary conviction to imprisonment for a term of not more than three months or to a penalty of not more than 0⋅5 penalty unit, and in any case to forfeit any pension gratuity allowance or other sum so obtained.
S. 52(2) amended by No. 120/1994
s. 6(1)(h).
(2) Any penalty imposed or sum forfeited for an offence under this section shall be paid into the Scheme.
Rateable deductions
S. 53
s. 54, 4592 s. 9.
54 Dismissal etc. for misconduct
S. 54(1) amended by No. 6957
s. 3(a)(i).
(1) A member of the force who for misconduct of any kind has been discharged or dismissed therefrom shall not be entitled to any pension or gratuity under this Division.
s. 54
S. 54(2) amended by No. 6957
s. 3(a)(ii).
(2) Where a member of the force not having been discharged or dismissed for misconduct of any kind leaves the force without a pension or gratuity, there shall be paid to him the whole of the rateable deductions which have been made from his pay without any interest thereon:
S. 54(2) Proviso amended by Nos 6957
s. 3(a)(iii), 8722 s. 2(f)(i), 40/2010 s. 37(1).
Provided that where a member of the force is for misconduct of any kind discharged or dismissed, the whole or any part of such rateable deductions as aforesaid may be applied in such manner as the said Board recommends for the benefit of the member's partner, children or adult children (if any).
S. 54(3) amended by Nos 8722
s. 2(f)(ii), 120/1994
s. 6(1)(g), 40/2010 s. 37(2).
s. 54
(3) On the death before retirement of a member of the force who leaves no partner there shall be paid to the personal representative of such member the whole of the rateable deductions which have been made from the pay of such member without any interest thereon, less the amount certified by the ESS Board to be necessary to pay any allowance or gratuity payable to the children or adult children or any other dependant of such member.
Heading preceding s. 55
repealed by No. 26/1997
s. 48(b).
S. 55 amended by Nos 7081
s. 19, 8047
s. 16(a)(b), 8722 s. 2(g), 9460 s. 4(d)(e)(i)(ii), 9902 s. 2(1)(Sch. item 205), repealed by No. 120/1994
Saving of right of dismissal and reduction
No. 3750 s. 56.
S. 56 amended by No. 6957
s. 3(b).
56 Saving of right of dismissal and reduction in rank
s. 56
Nothing in this Division shall prejudice any existing right of suspending reducing discharging or dismissing a member of the force or shall prevent his claim to pension or gratuity from being refused on account of misconduct or on account of any of the grounds on which a pension (if granted) would be liable to be forfeited and withdrawn.