Police Amendment Act 1985
Police Amendment Act 1985
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Police Amendment Act 1985
Public Act |
1985 No 65 |
|
Date of assent |
29 March 1985 |
|
Contents
An Act to amend the Police Act 1958
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Police Amendment Act 1985, and shall be read together with and deemed part of the Police Act 1958 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of May 1985.
2 Age of retirement
The principal Act is hereby amended by repealing section 27, and substituting the following section:
“27
“1
Subject to the succeeding provisions of this section, every member of the Police shall retire from the Police on attaining the age of 55 years.
“(2)
Any person who, immediately before the operative date, was a member of the Police and who attained the age of 41 years before that date may retire from the Police on attaining the age of 55 years, or at any time thereafter but not later than the date on which the member attains the appropriate age specified in subsection (3) of this section.
“(3)
Any person who, immediately before the operative date, was a member of the Police and of any age specified in the first column of the following table shall retire on attaining the age specified in the second column of the table:
| Age immediately before operative date | Age at which retirement required |
|---|---|
| Over 41 years but under 42 years | 56 years |
| Over 42 years but under 43 years | 57 years |
| Over 43 years but under 44 years | 58 years |
| Over 44 years but under 45 years | 59 years |
| Over 45 years | 60 years |
“(4)
Where the person who is for the time being the Commissioner would otherwise be required to retire on attaining the age of 55 years, the Minister may, either on that person’s application or with that person’s consent, from time to time defer the date on which that person shall retire for such period not exceeding 12 months as the Minister thinks fit; but no such person’s retirement date shall be deferred for more than 5 years in the aggregate.
“(5)
The Commissioner may, in respect of any member of the Police who would otherwise be required to retire on attaining the age of 55 years, either on that member’s application or with that member’s consent, from time to time defer the date on which that member shall retire for such period not exceeding 12 months; but no such member’s retirement date shall be so deferred for more than 5 years in the aggregate.
“(6)
Every person who, immediately before the operative date, was a specialist member of the Police and was not a member of the Government Superannuation Fund Police Sub-Scheme shall retire from the Police on attaining the age of 60 years.
“(7)
Every person who, on or after the operative date, is appointed to the Police and is a specialist member of the Police shall retire from the Police on attaining the age of 60 years.
“(8)
Nothing in this section shall prevent a member of the Police from—
“(a)
Retiring at any age earlier than that provided for in any of the foregoing provisions of this section, in the circumstances contemplated by section 88f(2) of the Government Superannuation Fund Act 1956, and receiving a retiring allowance in accordance with that provision; or
“(b)
Receiving leave, or receiving any payment, salary, or allowance while on leave or instead of leave, after the date on which the member is required to retire in accordance with this section if any leave accrued during the member’s period of service in the Police.
“(9)
In this section—
“‘Member of the Government Superannuation Fund Police Sub-Scheme’ means a member of the Police who is a member of the Government Superannuation Fund subject to Part VIa of the Government Superannuation Fund Act 1956:
“‘Operative date’ means the 1st day of May 1985:
“‘Specialist member of the Police’ means a member of the Police who was or is appointed by reason of special qualifications to perform duties of a specialised nature and who, throughout the member’s entire Police career, holds a specially designated rank.”
3 Retirement of medically unfit
(1)
Section 28 of the Police Act 1958 is hereby amended by repealing subsection (7) (as added by section 3(3) of the Police Amendment Act 1964), and substituting the following subsection:
“(7)
Every member of the Police who retires from the Police under this section shall, subject to section 88f of the Government Superannuation Fund Act 1956, be entitled to a retiring allowance calculated in accordance with that section.”
(2)
Section 3(3) of the Police Amendment Act 1964 is hereby repealed.
4 New sections (relating to lack of fitness for service) inserted in principal Act
The principal Act is hereby amended by inserting, after section 28, the following sections:
“28a Commissioner to prescribe standards of fitness
“(1)
For the purpose of sections 28c and 28e of this Act, the Commissioner shall from time to time, after consultations with the service organisations, and with the Government Superannuation Board, prescribe by general instructions issued under section 30 of this Act standards of medical and physical health required of members of the Police to ensure that they are fit to perform competently the duties of their rank and any other duties that may reasonably be required of them from time to time.
“(2)
Any such standards may be expressed to apply to all members of the Police generally, or to any particular class of members, whether designated by reference to rank, duties, or age, or otherwise.
“28b Application of sections 28c to 28e
Sections 28c to 28e of this Act apply to and in respect of every member of the Police who is a member of the Government Superannuation Fund Police Sub-Scheme (as defined in section 27(9) of this Act).
“28c Compulsory disengagement of unfit
“(1)
If, in respect of any member of the Police to whom this section applies, the Commissioner is satisfied that the member is incapable of performing competently the duties of the member’s rank and any other duties that may reasonably be required of the member from time to time, and—
“(a)
Two medical practitioners nominated by the Commissioner and approved by the Government Superannuation Board certify—
“(i)
That the member’s incapacity is referable to the member’s inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28a(1) of this Act; and
“(ii)
That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
“(b)
Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved by the Government Superannuation Board certify—
“(i)
That the member’s incapacity is referable to the member’s psychological unfitness; and
“(ii)
That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
“(c)
Two medical practitioners or a medical practitioner and a psychologist nominated in each case by the Commissioner and approved by the Government Superannuation Board certify—
“(i)
That the member’s incapacity is referable in part to the member’s inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28a(1) of this Act and in part to the member’s psychological unfitness; and
“(ii)
That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance,—
the Commissioner may require the member, by notice in writing, to leave the Police within such time, being not less than 1 month, as may be specified in the notice.
“(2)
In any case to which subsection (1) of this section applies, the member may, with the consent of the Commissioner, waive the right to notice and leave the Police immediately.
“(3)
Subject to subsection (4) of this section, a member who is required under this section to leave the Police shall cease to be a member of the Police on the expiration of the time specified in that behalf in the notice or (where the member waives the right to notice with the consent of the Commissioner under subsection (2) of this section) on the date on which the Commissioner gives to the member written notice of consent to the waiver.
“(4)
Where the member appeals under section 28e of this section against the requirement to leave the Police, the appellant shall remain a member of the Police until the appeal is disposed of; but if the appeal is dismissed, the appellant shall cease to be a member of the Police on the date on which the Commissioner gives to the appellant written notice of the Appeal Board’s decision.
“28d Voluntary disengagement of unfit
“(1)
On the application of any member of the Police to whom this section applies, the Commissioner may permit the member to leave the Police under this section if the Commissioner is satisfied that the member is incapable of performing competently the duties of the member’s rank and any other duties that may reasonably be required of the member from time to time, and—
“(a)
Two medical practitioners nominated by the Commissioner and approved by the Government Superannuation Board certify—
“(i)
That the member’s incapacity is referable to the member’s inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28a(1) of this Act; and
“(ii)
That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
“(b)
Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved by the Government Superannuation Board certify—
“(i)
That the member’s incapacity is referable to the member’s psychological unfitness; and
“(ii)
That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
“(c)
Two medical practitioners or a medical practitioner and a psychologist nominated by the Commissioner and approved by the Government Superannuation Board certify—
“(i)
That the member’s incapacity is referable in part to the member’s inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28a(1) of this Act and in part to the member’s psychological unfitness; and
“(ii)
That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
“(d)
The Commissioner is satisfied that the member’s incapacity is referable to any personal factor relating to the special circumstances of the member and directly attributable to the member’s service with the Police.
“(2)
Where the Commissioner decides to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision, and the member shall cease to be a member of the Police on the date specified in that behalf in the notice.
“(3)
Where the Commissioner refuses to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision.
“28e Appeals against compulsory disengagement or refusal of voluntary disengagement
“(1)
Any member of the Police who is required under section 28c of this Act to leave the Police, or who is refused permission to leave the Police under section 28d of this Act, may appeal against that requirement or refusal in accordance with this section.
“(2)
Every such appeal shall be commenced by notice of appeal delivered to the Commissioner within 7 days after the receipt of the notice given to the member under section 28c(1) or section 28d(3) of this Act, as the case may require.
“(3)
Every such appeal shall be heard and determined by the Appeal Board.
“(4)
For the purposes of any appeal under this section, the Commissioner shall appoint a medical practitioner or (as the case may require) a psychologist, approved by the Government Superannuation Board, to be an assessor to advise the Board on the appeal; but no such assessor shall take part in the deliberations of the Board.
“28f Entitlement to allowances, etc.
Every person who ceases to be a member of the Police under section 28c or section 28d of this Act shall be entitled to receive such allowances and other benefits as may be prescribed in that behalf by or under the Government Superannuation Fund Act 1956.”
5 Regulations
Section 64(2) of the principal Act is hereby amended by inserting, after paragraph (f), the following paragraph:
“(fa)
Requiring members of the Police to undergo medical, physical, and psychological examinations, tests, and assessments, whether periodically or in any particular circumstances, designed to determine whether or not they are able to perform competently the duties of their rank, and any other duties that they may reasonably be called upon to perform from time to time:”.
6 Repeal
Section 2 of the Police Amendment Act 1964 is hereby consequentially repealed.
This Act is administered in the Police Department
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Versions
Police Amendment Act 1985
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