Determining eligibility

A dispute may be lodged by a former commissioned officer, non-commissioned officer, constable or Aboriginal police liaison officer who has ceased to hold office because they were retired on medical grounds under Part IIC of the Police Act, and who has received a notice from the Police Commissioner as to the approved medical specialist’s determination for the degree of impairment, or the assessor’s determination for compensation for permanent total incapacity, and that they dispute the determination that has been made.

A dispute may also be lodged on behalf of an eligible party, as described above, by an adult who can fairly and competently conduct the proceedings and does not have an interest contrary to the interest of the medically retired member, if the adult is a spouse, de facto partner, next friend, or close associate of the medically retired member and if the member is incapable of lodging a dispute themselves. In this instance, a legal practitioner may also lodge on their behalf.

A dispute must be lodged within 28 days after the notice given from the Police Commissioner of the outcome of the assessment or, if the notice is given before the medically retired member’s entitlement day, 28 days after the entitlement day.