Police (Medical and Other Expenses for Former Officers) Amendment Regulations 2024 00-00-00 Xml

Western Australia

Police (Medical and Other Expenses for Former Officers) Amendment Regulations 2024

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 4 amended2

5.Regulation 9A amended3

6.Regulations 10 to 13 replaced3

10.Applied provisions of WCIM Act3

11.References to terms used in applied provisions4

12.Forms for use under applied provisions4

13.Information for use under applied provisions4

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

Police (Medical and Other Expenses for Former Officers) Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Police (Medical and Other Expenses for Former Officers) Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 1 July 2024.

3.Regulations amended

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

4.Regulation 4 amended

(1)In regulation 4 delete “A” and insert:

(1)A

(2)At the end of regulation 4 insert:

(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.

5.Regulation 9A amended

(1)In regulation 9A(1) delete “WC&IM Act Schedule 1 clause 18A(1b)” and insert:

WCIM Act section 78

(2)In regulation 9A(2)(b) delete “that the circumstances in relation to the medical and associated conditions, treatment and management of the officer are exceptional circumstances as prescribed for the purposes of the WC&IM Act Schedule 1 clause 18A(2aa)(c)(ii).” and insert:

the matters prescribed for the purposes of the WCIM Act section 78(3)(c).

Note: The heading to amended regulation 9A is to read:

Application for increase for special expenses under WCIM Act section 78

6.Regulations 10 to 13 replaced

Delete regulations 10 to 13 and insert:

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).

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.

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.

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.

K. COLLERAN, Clerk of the Executive Council

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.

By Authority: GEOFF O. LAWN, Government Printer