This Act may be cited as the Police Amendment Act 1992, and shall be read together with and deemed part of the Police Act 1958 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the 1st day of July 1992.

2 Interpretation

Section 2 of the principal Act (as substituted by section 2 of the Police Amendment Act 1989) is hereby amended by inserting, after the definition of the term “service organisation”, the following definition:

“‘State services superannuation scheme’ means any superannuation scheme to which members of the Police may belong or are required to belong, being a superannuation scheme—

“(a)

Established under section 84a(a) of the State Sector Act 1988 by the Commissioner; or

“(b)

Arranged under section 84a(b) or section 84a(c) of the State Sector Act 1988 by the Commissioner:”.

3 State services superannuation schemes

The principal Act is hereby amended by inserting, before section 27, the following section:

“26a

“(1)

The Commissioner may exercise in respect of members of the Police the powers conferred by section 84a of the State Sector Act 1988 (which relates to the establishment of superannuation schemes for employees) on any employer in the State services, and that section and sections 84b to 84d of that Act shall apply accordingly with all necessary modifications.

“(2)

This section shall have effect notwithstanding anything in section 96 of this Act.”

4 Age of retirement

Section 27(8) of the principal Act (as substituted by section 2 of the Police Amendment Act 1985) is hereby amended by inserting, after paragraph (a), the following paragraph:

“(aa)

Retiring at any age earlier than that provided for in any of the foregoing provisions of this section in circumstances provided for in any State services superannuation scheme, and receiving benefits in accordance with the provisions of that scheme; or”.

5 Retirement of medically unfit

(1)

Section 28 of the principal Act is hereby amended by omitting from subsection (1) (as amended by section 3(1) of the Police Amendment Act 1964), and also from subsection (5) (as amended by section 3(2) of the Police Amendment Act 1964), the words “and approved by the Government Superannuation Board”, and substituting in each case the words “and approved under subsection (5a) of this section”.

(2)

Section 28 of the principal Act is hereby amended by inserting, after subsection (5), the following subsection:

“(5a)

Every medical practitioner nominated under subsection (1) of this section or appointed by the Commissioner under subsection (5) of this section shall,—

“(a)

Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner approved by the Government Superannuation Fund Board; and

“(b)

Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner approved by the trustees of that scheme.”

(3)

Section 28 of the principal Act is hereby further amended by repealing subsection (7) (as substituted by section 3(1) of the Police Amendment Act 1985), and substituting the following subsections:

“(7)

Where any member of the Police who is a member of the Government Superannuation Fund Police Sub-Scheme retires from the Police under this section, that member of the Police shall, subject to section 88f of the Government Superannuation Fund Act 1956, be entitled to a retiring allowance calculated in accordance with that section.

“(8)

Where any member of the Police who is a member of a State services superannuation scheme retires from the Police under this section, that member of the Police shall, subject to the provisions of that scheme, be entitled to the benefits provided for in the event of retirement from the Police.”

(4)

Section 3 of the Police Amendment Act 1964 and section 3 of the Police Amendment Act 1985 are hereby consequentially repealed.

6 Commissioner to prescribe standards of fitness

Section 28a(1) of the principal Act (as inserted by section 4 of the Police Amendment Act 1985) is hereby amended by inserting, after the words “Government Superannuation Board”, the words “and with the trustees of each State services superannuation scheme”.

7 Application of sections 28c and 28d

Section 28b of the principal Act (as substituted by section 5 of the Police Amendment Act 1989) is hereby amended by adding the words “or who is a member of a State services superannuation scheme”.

8 Compulsory disengagement of unfit

(1)

Section 28c(1) of the principal Act (as inserted by section 4 of the Police Amendment Act 1985) is hereby amended by omitting the words “by the Government Superannuation Board” wherever they appear, and substituting in each case the words “under subsection (1a) of this section”.

(2)

Section 28c of the principal Act (as so inserted) is hereby further amended by inserting, after subsection (1), the following subsection:

“(1a)

Every medical practitioner or psychologist nominated under subsection (1) of this section by the Commissioner shall,—

“(a)

Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Board; and

“(b)

Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.”

9 Voluntary disengagement of unfit

(1)

Section 28d(1) of the principal Act (as inserted by section 4 of the Police Amendment Act 1985) is hereby amended by omitting the words “by the Government Superannuation Board” wherever they appear, and substituting in each case the words “under subsection (1a) of this section”.

(2)

Section 28d of the principal Act (as so inserted) is hereby further amended by inserting, after subsection (1), the following subsection:

“(1a)

Every medical practitioner or psychologist nominated under subsection (1) of this section by the Commissioner shall,—

“(a)

“(b)

10 Entitlement to allowances, etc.

Section 28f of the principal Act (as inserted by section 4 of the Police Amendment Act 1985) is hereby amended by adding the words “or the State services superannuation scheme to which that person belongs, as the case may require”.

11 Conditions of employment of sworn members of Police

Section 67 of the principal Act (as substituted by section 14 of the Police Amendment Act 1989) is hereby amended by adding the following subsection:

“(7)

Notwithstanding anything in this section or section 67a of this Act, the Commissioner may make it a condition of employment of all sworn members of the Police who are not members of the Government Superannuation Fund Police Sub-Scheme (as defined in section 27(9) of this Act), or of any class of such persons, that those persons contribute to a State services superannuation scheme.”

This Act is administered by the Police Department.

Police Amendment Act 1992