Crown
Employees (Police Officers Death and Disability) Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by Police
Association of New South Wales, Industrial Organisation of Employees.
(No. IRC 443 of 2010)
|
Before The Honourable
Justice Walton, Vice-President
|
7 June 2010
|
|
The Honourable Mr Justice Staff
|
|
|
The Honourable Justice Backman
|
|
VARIATION
1. Delete
subclause 10.6 of clause 10, Insurance and Assessment of Entitlement to
Benefits, of the award published 27 November 2009 (369 I.G. 737) and insert in
lieu thereof the following:
10.6 Members are only
entitled to receive one benefit under the Award. Receiving a "total and permanent disablement benefit"
under the insurance arrangement contemplated by clause 10.1 of the Award
discharges the NSW Police Force from liability to pay other benefits under the
Award. If a police officer receives a
"partial and permanent disablement benefit" and subsequently receives
a "total and permanent disablement benefit", the officer must repay
the "partial and permanent disablement benefit" to NSW Police Force
within 14 days of receipt of the "total and permanent disablement
benefit", unless the "partial and permanent disablement benefit"
has already been deducted from the "total and permanent disablement
benefit" and remitted to NSW Police Force by the insurer. The insurer is authorised to deduct from any
"total and permanent disablement benefit" payable to a police officer
the amount of any prior "partial and permanent disablement benefit"
that has been paid to the police officer, and remit this amount to the NSW
Police Force. Police officers will be
required, prior to receipt of a benefit from the NSW Police Force, to enter
into a Deed of Repayment that is in terms agreed between the parties. If a Special Risk Benefit under s 216 of the
Police Act 1990 is payable to a police officer that officer is not
entitled to a benefit under this award.
2. This variation
shall take effect on and 8 June 2010.
M.
J. WALTON J, Vice-President.
C.
G. STAFF J.
A.
F. BACKMAN J.
____________________
Printed by
the authority of the Industrial Registrar.