WORKERS COMPENSATION FOR WEST AUSTRALIAN POLICE OFFICERS

The issue

        WORKERS COMPENSATION FOR W. A  POLICE OFFICERS

Every Police Officer in Western Australia risks his/her life on a daily basis, never knowing if they will go home in the same condition they went to work. A huge and courageous decision considering that there is no Workers Compensation for them should they become physically and/or mentally damaged or lose their life whilst at work protecting the people of Western Australia.

The following is a true, documented incident of one such Officer. At approximately 2230hrs Sunday, July 14th 1984 in Mt Lawley, an Officer stopped a motorcyclist and his pillion rider. Whilst checking details, one got behind him. They attacked using their crash helmets as weapons. Whilst on the ground they struck him relentlessly about the head. Then began kicking his head, with such ferocity a boot of one went through his chin. He suffered life threatening head injuries and fractures of the skull, resulting in a swelling of the brain. Holes were drilled in his skull to relieve the pressure. He was resuscitated twice!!!!

As there was no Workers Compensation he, via the WAPOU made an application for an ex-gratia payment. The princely sum of $60,000 was awarded. He was only 34 years of age!!  Assuming that he lived the Biblical years of “3 score years and 10” until age 70 it would have been the equivalent to $1666.66 per annum. The system in awarding an ex-gratia payment is up to the State Attorney General. This is both faulty in design and equipment. Victims are not just the Officer directly affected but also their husbands/wives, mothers, fathers, sons, daughters, brothers, sisters, friends and colleagues. To leave compensation to the whim of the State Attorney General who has no system or mathematical equation to refer to is manifestly unwise. Where is the transparency? The only motivating factor to determine if, and how much will be awarded, is the part played by the Media and the social Media.

Many other medically retired WA Police Officers suffer physical and psychological injuries years after their incident or discharge, with little Service support. They feel isolated, abandoned and alone, and, without their families, friends and similarly disadvantaged Officers, they are! There are 900 (approx.) current & former Police Officers in this position, with more to come.

An almost Annual Meeting of Politicians and the WAPOU meet to discuss how to compensate WA Police Officers, damaged either physically or mentally by carrying out their duties. The Meetings end in agreement that something has to be done but never translates into action.  Western Australia continues to be the only State that does not have its Police Force covered by Workers Compensation.

The Police Commissioner believes a compensation scheme is needed. His comments on the subject are: “If you have a high profile and the media are interested in your particular case, it's likely the government will pay you some sort of compensation. But if you don't, you won't get anything at all and we have to resolve that. We're also very keen in being able to connect officers who are no longer able to work in the front line with other types of jobs and employment so they can constructively continue to work, but not necessarily in policing."

On the 25th June 2012 WA Premier Colin Barnett was left tongue-tied at the Police Union Conference when asked if medically retired police should be paid compensation for their pain, suffering & loss of future earnings potential. Commissioner Karl O'Callaghan rescued the Premier by explaining the unfair system.

On the 28th August, 2015, Premier Barnett was asked the following questions on a Compensation scheme for WA’s Police Officers. Here are his answers:

Interviewer: Do you support a compensation scheme for medically retired police officers.

Colin Barnett: I certainly totally support caring for our police officers, particularly if they are injured in some way during the course of their duty. There is some discussions going on in government now about re-examining the support they get and I expect that will see an improvement in that. I think it’s good at the moment but the Police Minister is working with the Police Union and others on making sure we really do look after police officers who may be injured. So the form of that, police officers are always treated a little bit differently in terms of their superannuation and their care, because of the nature of their work. So it’s not as per most people in government, but it is being worked on and we’re certainly taking a very positive, serious approach to it.

Interviewer: Do you have a timeline for the changes in mind?

Colin Barnett: I don’t, but I think the negotiations are being carried on in a very constructive way. And everyone shares the interest of making sure we look after police officers, men and women.

West Australian Police Officers who have been injured, (or worse), in the line of duty and are subject to a loss of confidence process (Section 28) to remove them from the WA Police are treated unfairly and made to feel humiliated. There has to be a dignified way of retiring officers who can no longer be operationally utilised.

       GIVE  OUR POLICE OFFICERS WORKERS COMPENSATION.

                                 MAKE IT RETROSPECTIVE.

 

This petition had 971 supporters

The issue

        WORKERS COMPENSATION FOR W. A  POLICE OFFICERS

Every Police Officer in Western Australia risks his/her life on a daily basis, never knowing if they will go home in the same condition they went to work. A huge and courageous decision considering that there is no Workers Compensation for them should they become physically and/or mentally damaged or lose their life whilst at work protecting the people of Western Australia.

The following is a true, documented incident of one such Officer. At approximately 2230hrs Sunday, July 14th 1984 in Mt Lawley, an Officer stopped a motorcyclist and his pillion rider. Whilst checking details, one got behind him. They attacked using their crash helmets as weapons. Whilst on the ground they struck him relentlessly about the head. Then began kicking his head, with such ferocity a boot of one went through his chin. He suffered life threatening head injuries and fractures of the skull, resulting in a swelling of the brain. Holes were drilled in his skull to relieve the pressure. He was resuscitated twice!!!!

As there was no Workers Compensation he, via the WAPOU made an application for an ex-gratia payment. The princely sum of $60,000 was awarded. He was only 34 years of age!!  Assuming that he lived the Biblical years of “3 score years and 10” until age 70 it would have been the equivalent to $1666.66 per annum. The system in awarding an ex-gratia payment is up to the State Attorney General. This is both faulty in design and equipment. Victims are not just the Officer directly affected but also their husbands/wives, mothers, fathers, sons, daughters, brothers, sisters, friends and colleagues. To leave compensation to the whim of the State Attorney General who has no system or mathematical equation to refer to is manifestly unwise. Where is the transparency? The only motivating factor to determine if, and how much will be awarded, is the part played by the Media and the social Media.

Many other medically retired WA Police Officers suffer physical and psychological injuries years after their incident or discharge, with little Service support. They feel isolated, abandoned and alone, and, without their families, friends and similarly disadvantaged Officers, they are! There are 900 (approx.) current & former Police Officers in this position, with more to come.

An almost Annual Meeting of Politicians and the WAPOU meet to discuss how to compensate WA Police Officers, damaged either physically or mentally by carrying out their duties. The Meetings end in agreement that something has to be done but never translates into action.  Western Australia continues to be the only State that does not have its Police Force covered by Workers Compensation.

The Police Commissioner believes a compensation scheme is needed. His comments on the subject are: “If you have a high profile and the media are interested in your particular case, it's likely the government will pay you some sort of compensation. But if you don't, you won't get anything at all and we have to resolve that. We're also very keen in being able to connect officers who are no longer able to work in the front line with other types of jobs and employment so they can constructively continue to work, but not necessarily in policing."

On the 25th June 2012 WA Premier Colin Barnett was left tongue-tied at the Police Union Conference when asked if medically retired police should be paid compensation for their pain, suffering & loss of future earnings potential. Commissioner Karl O'Callaghan rescued the Premier by explaining the unfair system.

On the 28th August, 2015, Premier Barnett was asked the following questions on a Compensation scheme for WA’s Police Officers. Here are his answers:

Interviewer: Do you support a compensation scheme for medically retired police officers.

Colin Barnett: I certainly totally support caring for our police officers, particularly if they are injured in some way during the course of their duty. There is some discussions going on in government now about re-examining the support they get and I expect that will see an improvement in that. I think it’s good at the moment but the Police Minister is working with the Police Union and others on making sure we really do look after police officers who may be injured. So the form of that, police officers are always treated a little bit differently in terms of their superannuation and their care, because of the nature of their work. So it’s not as per most people in government, but it is being worked on and we’re certainly taking a very positive, serious approach to it.

Interviewer: Do you have a timeline for the changes in mind?

Colin Barnett: I don’t, but I think the negotiations are being carried on in a very constructive way. And everyone shares the interest of making sure we look after police officers, men and women.

West Australian Police Officers who have been injured, (or worse), in the line of duty and are subject to a loss of confidence process (Section 28) to remove them from the WA Police are treated unfairly and made to feel humiliated. There has to be a dignified way of retiring officers who can no longer be operationally utilised.

       GIVE  OUR POLICE OFFICERS WORKERS COMPENSATION.

                                 MAKE IT RETROSPECTIVE.

 

The Decision Makers

Hon. Liza Harvey MLA
Minister for Police; Road Safety; Training and Workforce Development; Women’s Interests
Responded
Thank you for your interest in workers’ compensation for serving and retired Western Australia Police officers. As you may be aware, WA Police officers who are injured in the course of their work are not covered by workers’ compensation legislation. However, they are in receipt of entitlements in their Industrial Agreement, the Western Australia Police Industrial Agreement 2014. The entitlements under the Industrial Agreement are administered in a similar manner to workers’ compensation and could be considered an employer-funded and managed workers’ compensation scheme for police officers, even though it does not include lump sum settlements on medical retirement. The Agreement provides: · payment of reasonable expenses related to an injury or illness that is work related or incurred travelling to or from a place of duty. · sick leave entitlement of up to 168 days in a calendar year. The Commissioner may also exercise his discretion to extend leave for any other period, which is always granted for a work related illness or injury. · reimbursement for most non-work related medical expenses, which is not provided under the workers’ compensation legislation and is an extra entitlement available to police officers. In relation to police officers who leave the agency and who have a work related injury or illness, there is provision under the Police (Medical and Other Expenses for Former Officers) Act 2008 for the ongoing payment of medical expenses related to that injury or illness. The Liberal National Government is committed to progressing a suitable Workers’ Compensation scheme for police officers. As such, WA Police is considering a range of options to manage and assist police officers who are ill or injured, including coverage under the current workers’ compensation legislation. WA Police are engaging with the WA Police Union in regard to the development of a workers’ compensation scheme. In addition, amendments to the use of “Loss of Confidence” provisions in the Police Act 1892 are also being considered, so that alternative provisions are available to medically retired police officers. Thank you for bringing your concerns to my attention and I trust this information is of assistance. Liza Harvey MLA Deputy Premier; Minister for Police; Road Safety; Training and Workforce Development; Women’s Interests’
Michael Mischin,
Michael Mischin,
State Attorney General
Michael Mischin
Western Australia Attorney General, Minister for Commerce
Colin Barnett
Colin Barnett
Premier, Western Australia
Liza Harvey
Liza Harvey
Minister for Police

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Petition created on 28 August 2015