The Insurance Commission of Western Australia and the WA Government are failing to fairly and adequately compensate serving and retired WA Police Officers, injured in the line of duty.

Western Australia is the only state in the country which does not provide comprehensive workers compensation for WA Police Officers injured in the line of duty.

Great, if you can stay employed by WAPOL!
If a WA Police Officer is injured in the line of duty and remains employed by WAPOL, all medical expenses are paid by the Government as part of their employment conditions. This is managed by the WA Police Health & Welfare Branch (H&W). If an injured Police Officer chooses to voluntarily resign or retire from WAPOL or they are forced into Medical Retirement while they are still managing their injuries, medical expenses can no longer be submitted through H&W. 

These officers medical expenses are therefore assessed under the following two benefit schemes.

1. Police Amendment (Compensation Scheme) Bill 2021:
   The state Labor Government introduced the Police Amendment (Compensation Scheme) Bill 2021, to compensate injured officers who have been forced into Medical Retirement as a result of their injuries. This is not a voluntary process and only applies to officers who have been assessed as no longer being able to maintain their employment. They receive a lump sum payment upon their separation and can also access Benefit 2, after being retired medically.     
2. Police (Medical and Other Expenses for Former Officers) Act:
   In 2008, The Liberal/Nationals Government  introduced  the Police (Medical and Other Expenses for Former Officers) Act (PSM). This provides former Police Officers who voluntarily resign or retire from WAPOL (not forced medical retirement under Benefit 1) access to medical benefits which may arise as a result of a reported injury which occurred during their employment with WAPOL.

Both of these schemes are administered by The Insurance Commission of Western Australia (ICWA). 

Criminal Injuries Compensation:
WA Police Officers (like any West Australian) also have access to Criminal Injuries Compensation, if they are injured as a result of a crime. This scheme is administered  by the Office of Criminal Injuries Compensation (CIC), under the provisions of the Criminal Injuries Compensation Act 2003. 

THIS PETITION:
This petition aims to clearly outline the discrepancies within these schemes and more importantly, how serving and former WA Police Officers are being abused and neglected by ICWA and the State Government, both of which are failing to adequately compensate officers injured in the line of duty. 

MY STORY:
In 2004, whilst on duty as a WA Police Officer, I was hit by a car traveling at 80km/h on the Kwinana Freeway. I was flung into the air, thrown several metres down the road and then hit by a second vehicle. I was hospitalised for several months and received very serious, life long injuries. I was in rehabilitation for seven years and went through hell. Initially I was told I would never walk or work again, but I beat the odds and succeeded in doing both. 

In 2012, I received a compensation settlement from ICWA, for the injuries I received. As part of that settlement, I received $35,000 for "Future Medical Costs". It was made very clear at that time, this very small amount was "significantly reduced" due to the fact I would be eligible for future medical coverage under PSM. It was therefore assuring to know, my future medical costs would be covered after I left WAPOL, especially if I required further surgery (and I would).

Between 2012 and 2026, despite the assurance by ICWA that I could access PSM, I still chose to pay my own medical expenses, so as to not burden the WA tax payer or go through the humiliation of asking ICWA for support. This has totaled almost $135k.

After fourteen years, the cost of my medical bills has become difficult to manage financially. So, last month, I chose to make a claim under the PSM scheme for professional medical services ($600), only to be told I was no longer eligible to make a claim! ICWA advised that I had already received a compensation payout back in 2012. Despite my plea regarding the promise made to me by their own organisation 14 years earlier, I was told I could not "double dip"!

My compensation was drastically cut in 2012, because I would have access to PSM when I left the WA Police. Now I am not allowed to access PSM!

SCENARIO A:
A WA Police Officer was set alight by an offender. The officer was engulfed in flames and received second degree burns. They were off work for several months and required ongoing surgery. The officer eventually returned to full duties. All medical expenses were met by (H&W). This Officer has been offered a mere $1000 by CIC in compensation for the crime committed against them. 
CONCERN - It is likely, this officer may be unable to access further compensation or medical support because previous compensation payments are treated as compensation for the same injury.

SCENARIO B:
A WA Police Officer spends more than six years working within the Child Abuse Unit. They are exposed daily to the most horrific content and harm and is exposed to the impact on children these crimes have. Throughout their career, the officer remains professional and resilient, never taking extended periods of leave and never seeking compensation. After voluntarily retiring from WA Police, the officer develops severe PTSD and major depressive disorder. Medical specialists conclude that the condition arose from cumulative exposure to traumatic incidents throughout the officer's policing career. The officer requires ongoing psychological treatment, psychiatric care and medication.

CONCERN - Because the officer was not medically retired and no longer qualifies under existing compensation pathways, the officer is left to fund their own treatment despite the condition being directly attributable to decades of police service. The community expects police officers to confront trauma on its behalf. When the psychological consequences of that service emerge years later, former officers should not be abandoned simply because they continued serving and did not report their injury while still employed. 

Please support WA Police in receiving fair treatment from the WA Government and ICWA for the treatment and funding of their medical expenses:
These are just a few examples of how poorly WA Police Officers are being treated as a result of being injured doing their job. Many former officers are being forced to take out loans or sell their homes to pay for medical expenses incurred as a result of a not-at-fault, work related injury. Officers have taken their own lives as a result of this lack of support and abandonment.

PLEASE SIGN:
I call upon the WA Government to:

1. Conduct an independent review of all compensation and post-service medical schemes available to WA Police Officers.
2. Ensure that police officers who receive compensation for an injury are not automatically excluded from future medical benefits for that same service-related injury.
3. Establish a genuine workers compensation scheme for WA Police Officers comparable to those available in other Australian jurisdictions.
4. Protect officers who develop delayed psychological injuries after retirement from being left without access to treatment and support.
5. Review historical settlements where compensation for future medical costs was reduced because of the existence of Post Service Medical benefits.

WA Police Officers willingly place themselves in harm's way to protect the community. They should not spend years fighting Government agencies for treatment of injuries sustained while performing that duty. No officer who suffers a serious service-related injury should be forced to remortgage their home, deplete their savings, or go without treatment because of gaps and inconsistencies within the compensation system.

Western Australia can and must do better.

If you are a serving or former WA Police Officer who has been treated unfairly by ICWA, H&W or CIC, please share you story at wapolcompensation@gmail.com  

I thank you for your support.

Paul Litherland OAM
Former WA Police Officer (1994 to 2014)