Pre 1 April 1988 officers

Services

  • s.12D claims
  • Common Law Claims
  • Medical Discharges
  • Pension increase claims
  • s.181D notices

If you were attested to the NSW Police Force prior to 1 April 1988, you have various options available to you. These include:

Hurt on Duty Claims

If you have been injured, you may be eligible for Hurt on Duty (HOD) benefits. These benefits can include:-

  • ongoing award base wages
  • reasonable medical and treatment expenses
  • compensation for permanent impairment
  • compensation for pain and suffering
  • travel expenses

As with all of our compensation services, we are prepared to help you on a 'no win/no fee' basis. This means you won't have to pay for the work we do on your behalf unless we bring a successful claim for you and you receive compensation.

If you would like for one of our expert compensation lawyers to help you, please use the "Enquire Online" option and we will contact you as soon as possible and within one business day at the latest. Alternatively, please feel free to contact us by calling 1800 681 211.

Common Law Claims

If your injury or condition was caused by negligence (an unsafe system of work), you may also have the ability to bring a claim for damages.

This type of claim can result in you receiving a tax-free lump sum of damages for pain and suffering, loss of earnings, loss of superannuation benefits, medical expenses and in some cases, domestic assistance.

Generally, a 3 year limitation period applies, which can be extended in certain circumstances. Therefore, it is important that you obtain legal advice as soon as possible.

As with all of our compensation services, we are prepared to help you on a 'no win/no fee' basis. This means you won't have to pay for the work we do on your behalf unless we bring a successful claim for you and you receive a lump sum of damages.

If you would like for one of our expert compensation lawyers to help you, please use the "Enquire Online" option and we will contact you as soon as possible and within one business day at the latest. Alternatively, please feel free to contact us by calling 1800 681 211.

Medical Discharge

In order to be discharged from the NSW Police Force, an officer must be incapable of performing the “functions” of a Police Officer (as referred to in section 14(1) of the Police Act 1990) due to an injury or illness.

For the purposes of this test, the “functions” are those conferred on a constable. This generally means full operational duties and regard is not had to the officer’s actual rank.

If an officer is medically discharged, his or her benefits may include:-

  • a fortnightly pension (based on a percentage of superable salary. The base pension is 72.75% and can be increased to 85%).
  • a fortnightly pension of between 85% to 100% of your superable salary if you are totally incapacitated for all work and the incapacity results from exposure to risks that a member of the general workforce would not normally be exposed to.
  • converting a pension into a lump sum.

We can assist you through the process of applying for a medical discharge and ensuring that you receive the appropriate level of pension.

As with all of our compensation services, we are prepared to help you on a 'no win/no fee' basis. This means you won't have to pay for the work we do on your behalf unless we successfully assist you become medically discharged.

If you would like for one of our expert compensation lawyers to help you, please use the "Enquire Online" option and we will contact you as soon as possible and within one business day at the latest. Alternatively, please feel free to contact us by calling 1800 681 211.

Claims to increase a pension

If you have been discharged from the Police Force with a Hurt on Duty injury, you will receive an indexed fortnightly pension based on a percentage of your superable salary at the time of retirement.

The basic pension is equal to 72.75% of the superable salary. However, you may be entitled to make an application to increase your pension.

Increases up to 85%

You can apply for an increase to your pension up to 85%. Any increase is determined by your level of incapacity for work on the open labour market. The greater your level of incapacity, the higher the increase.

To obtain an increase to 85%, you must be totally incapacitated for all work outside of the NSW Police Force.

You can make multiple applications for increases to your pension if your condition deteriorates.

Increases over 85% up to 100%

To increase a pension beyond 85% you must be totally incapacitated for all work and the incapacity must result from exposure to risks that a member of the general workforce would not normally be exposed to.

Time limits for pension increases

The Police Regulation (Superannuation) Act 1906 states that pension increases are generally not payable unless the application is made before you turn 60 years of age, or not later than 5 years after you retired or resigned.

However, there is provision to allow for consideration of an out of time application in specified circumstances.

As with all of our compensation services, we are prepared to help you on a 'no win/no fee' basis. This means you won't have to pay for the work we do on your behalf unless we bring a successful claim for you and you receive an increase to your pension.

If you would like for one of our expert compensation lawyers to help you, please use the "Enquire Online" option and we will contact you as soon as possible and within one business day at the latest. Alternatively, please feel free to contact us by calling 1800 681 211.

Section 181D notices

Pursuant to section 181D of the Police Act 1990, the Commissioner of Police can remove an officer from the NSW Police Force if the Commissioner does not have confidence in the officer’s suitability to continue.

The Commissioner must have regard to the officer’s competence, integrity, performance or conduct when making such a decision.

Prior to making a decision to remove an officer, the Commissioner is required to serve a notice on the officer and include any material which may support a decision to remove him or her.

The officer is then entitled to lodge a response to the notice. This usually involves setting out the reasons why the Commissioner should not remove the officer. The response must be lodged within 21 days of receiving the notice.

This can obviously be an extremely stressful process for any officer. We have assisted many officers through this process by drafting and submitting comprehensive responses to the notice. These responses are extremely important part of the process.

If you would like for one of our expert lawyers to help you navigate this process, please use the "Enquire Online" option and we will contact you as soon as possible and within one business day at the latest. Alternatively, please feel free to contact us by calling 1800 681 211.