LUKE OFFICER
Partner Tindall Gask Bentley
But graduation seemed like yesterday: Medical retirement – rights and protecti THEY SAY, ANECDOTALLY, that the career expectations of police officers are shortening. Gone are the days of 40 year veterans and you’d be lucky to make 10 years. It’s hardly surprising.
We folk here at TGB are in a fortunately unfortunate position. I say fortunate in that we act for many police officers in many jurisdictions. We act for police officers in Western Australia, the Northern Territory, South Australia, and frequently federal police officers. We understand police officers and we can advise you promptly on matters concerning you. On the other hand, I say unfortunately because we see the bad side too. Police officers in all states and territories do a tough job, often thankless, often heavily scrutinised, often leading to injury. Sometimes, career ending. We get to see a lot, but sometimes it’s not uncommon for disparity among jurisdictions. For example, medical retirement is rarely exercised in South Australia, likely because of a strong workers compensation scheme. In the Northern Territory it’s a burgeoning theme, and that’s despite members having access to both workers compensation, a n d /o r e x t e n d e d s i c k l e a v e beyond that of the ordinary worker.
It’s a statutory scheme that is not overly intricate, however can cause much consternation. But importantly, you do have rights and you do have entitlements.
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Fe der al p olice, likewis e, have ComCare, the Commonwealth workers compensation scheme. As for those of you in the West, nil, nada, zilch… unless you’re medically retired. And so medical retirement has a significant impact. It’s akin to a termination as it’s a forced retirement. It’s a statutory scheme that is not overly intricate, however can cause much consternation. But importantly, you do have rights and you do have entitlements.
THE PATH TO MEDICAL RETIREMENT First, if the Commissioner suspects you are medically unfit, then he can arrange for you to be assessed by the medical board consisting of 3 practitioners. You must comply with the direction and once you have been assessed the board provides a report to the Commissioner. Second, once the Commissioner r e ce i ve s t h e r e p o r t , an d t h e Commissioner is of the opinion you are medically unfit, you will receive notice in writing that the Commissioner has formed that opinion, and that as a result he is deciding whether or not to retire you on medical grounds. Third, if you receive that notice, then strictly within 28 days you can provide submissions to the Commissioner on the notice, his opinions and any other information therein, as well as submit your own report/s for consideration.
Four th, af ter receiving your submission and any accompanying documents, the Commissioner will determine whether or not you are medically unfit and give you notice of same. He must take into account any materials you submit, and he must remain of the opinion that you are medically unfit. I pause to make a couple of observations at this point. Until such time as the Commissioner makes his decision that you are medically unfit and he intends to retire you, it’s a process indicative of an intention to do something. It is not the case that it is set in stone. And so, it’s probably the most important stage, because should you disagree with his opinion and wish to rebut the intention to retire you, it’s your opportunity to take all steps to attempt to persuade the Commissioner to take a different course. He is obliged to take into account your submissions and evidence and he can revoke his notice of intention. The next observation we make is that there’s somewhat of a state of flux as to what is meant by “medically unfit.” By its statutory definition, to be “medically unfit” means the member is unfit, on medical grounds (whether physical or mental or both) to perform the functions of the office to which the member is appointed under this Act. The quandary exists as to whether that is the office of Constable to which you swear your oath, or the office you held at the time of your unfitness.
