Police Regulation 2025

This section applies if—

an incapacitated police officer is receiving payments under section 128 for—

a catastrophic injury, or

an exceptional injury, and

the incapacitated police officer has had a total incapacity for any work, whether or not as a police officer and whether or not for payment, because of the same injury for a continuous period of 3 years before making an application under paragraph (c), and

the incapacitated police officer applies to the Commissioner for payments (catastrophic or exceptional extension payments) to be made under this section, and

the application under paragraph (c) is made not more than 6 months before the 7-year period for the incapacitated police officer ends, and

the incapacitated police officer is—

a contributor to the State Authorities Superannuation Fund but not covered by the additional benefit under the State Authorities Superannuation Act 1987, and

an officer whose prescribed contribution to the cost to the State of the scheme under the Act, section 199C is prescribed under section 159.

As soon as practicable after receiving an application for catastrophic or exceptional extension payments, the Commissioner must refer the application to the CEEP panel.

The CEEP panel may ask the incapacitated police officer to give further information, or to undergo further assessment, to assist the panel in making the panel’s decision.

If the incapacitated police officer fails to comply with a request under subsection (3)—

the application by the incapacitated police officer is taken to have been suspended until the incapacitated police officer complies with the request, and

if the incapacitated police officer later complies with the request—payments under this division to which the incapacitated police officer would have been entitled but for the failure to comply may be reinstated.

After considering the application and any relevant information in relation to the incapacitated police officer, the panel must make a recommendation to the Commissioner to—

approve the catastrophic or exceptional extension payments to the police officer for the following period (the catastrophic or exceptional extension payment period)—

if the incapacitated police officer is receiving payments for a catastrophic injury—3 years,

if the incapacitated police officer is receiving payments for an exceptional injury—up to 3 years, or

decline to approve the catastrophic or exceptional extension payments to the incapacitated police officer.

The Commissioner must decide to approve or decline to approve the catastrophic or exceptional extension payments as recommended by the panel.

As soon as practicable after making a decision under subsection (6), the Commissioner must give the incapacitated police officer written notice of the decision.

If a catastrophic or exceptional extension payment is approved for an incapacitated police officer, the amount of the payment is the amount representing any shortfall between—

the amount of the weekly compensation payments, and

the amount that is equal to the following—

for the first year starting on 1 October in a calendar year and ending on 30 September in the following calendar year in which the incapacitated police officer receives a catastrophic or exceptional extension payment—the amount calculated in accordance with section 130,

for later years starting on 1 October in a calendar year and ending on 30 September in the following calendar year—the amount calculated in accordance with section 130.

To avoid doubt, if the incapacitated police officer ceases receiving weekly compensation payments in relation to the injury during the catastrophic or exceptional extension payment period—

payments under this section cease, and

any period during which payments under this section in relation to the injury cease is taken to be part of the catastrophic or exceptional extension payment period.

In this section—

the incapacitated police officer’s pay or other income slips,

medical or health assessments of the incapacitated police officer, including assessments provided by the NSW Police Force’s workers compensation insurer,

vocational assessments of the incapacitated police officer,

whole person impairment assessments, in accordance with the Impairment Evaluation Guidelines, of the incapacitated police officer showing that the police officer has a degree of permanent impairment,

other information or assessments relating to the incapacitated police officer requested under subsection (3).