New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 8

8 Determination of members medically unfit

(1) A superannuation allowance or gratuity must not be granted or paid under section 7 or 14 to a member of the police force who--

(a) is discharged after the commencement of the Police Regulation (Superannuation and Appeals) Amendment Act 1973 , and

(b) at the time of the member's discharge is under the age of 60 years,

unless STC (having regard to medical advice on the condition and fitness for employment of the member) has certified the member to be incapable, from infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the Police Act 1990 .

Note : Section 14 (1) of the Police Act 1990 provides that a police officer has the functions conferred or imposed on a constable by or under any other law (including the common law) of the State.

(2) For the purposes of determining a member's incapacity--

(a) STC is not to have regard to the member's actual rank or position or functions (other than the functions referred to in subsection (1)), and

(b) the capacity to exercise a function by delegation is not taken to be a capacity to personally exercise the function.

(3) In this section--

"medical advice" means the advice of--

(a) 2 members of the Police Medical Board, or

(b) any one or more medical practitioners nominated by the STC.