NT Police medical retirement
invalidity retirement, your super and your rights

NT Police has two legal routes out on medical grounds. Section 91 of the Police Administration Act deals with invalidity, where you're totally and permanently incapacitated. The inability process in ss 87-90 deals with members who can't do their duties for other reasons, and can also end in retirement.

Section 91 asks a much harder question than 'can you be a police officer?' It asks whether you can do any job you're qualified for.

Section 91(1) defines "totally and permanently incapacitated": because of a physical or mental condition, you're unlikely ever to work in any job you're reasonably qualified for by education, training or experience, or could become qualified for after retraining.

1. 1

   Medical examination (s 91(2))

   Directed

   The Commissioner or a prescribed member can direct you to be examined by one or more health practitioners.

2. 2

   Your own report (s 91(3))

   Your right

   You can provide a report from a practitioner of your choice, and it must be taken into account.

3. 3

   Commissioner decides (s 91(4))

   Decision

   The Commissioner decides whether you're totally and permanently incapacitated.

4. 4

   Retirement or other action (s 91(5))

   Outcome

   If you are, the Commissioner may retire you on invalidity grounds after considering any applicable super legislation, or take other action under Part V.

If you're unfit for your duties but not totally and permanently incapacitated, s 91(6) requires the Commissioner to take reasonable and practicable steps to help you resume your duties, such as alternative duties, or to take other action under Part V.

The more general inability process can also lead to retirement. Under s 87, you get a notice and 14 days to respond. Section 88 provides for a review. Under s 89, the outcomes include leave, a stand-down of up to 3 months, a transfer (including to a lower rank) or notice of an intention to retire you.

How the inability process and s 91 relate has been argued in court: the NT Supreme Court Full Court considered it in Bahnert v Commissioner of Police [2023] NTSCFC 2. We haven't analysed that judgment, so if your case turns on which process should apply, get legal advice.

Most current officers are in the third group. Your chosen fund's own TPD and income protection cover sits on top of NTGDIS, so check both. Our NT Police super guide has more on each scheme.

NTGDIS is a death and invalidity scheme in the Superannuation Act 1986 (NT). Section 45H brings in permanent members of the Police Force who aren't NTGPASS members, which in practice means officers who started after 9 August 1999.

Its invalidity test (s 45F) is being unfit for any available full-time or part-time employment you're reasonably qualified for, counting only jobs with employers covered by the scheme. No member can be retired on invalidity grounds without the Commissioner of Superannuation's prior written approval (s 50).

CSS (recruited before 1 January 1988)

CSS invalidity uses the same "unlikely ever to work again, even after retraining" style of test. CSC's fact sheet says an Approved Medical Practitioner examines you, the employer applies, an independent panel decides, and the employer can't retire you until CSC issues its certificate. The benefit uses prospective membership, usually to 65, is CPI-indexed and is reduced for personal earnings until 65.

The NT Police Supplementary Benefit Scheme, closed on 1 January 1988, tops up the CSS employer-financed pension for those officers. NT Treasury information seen only in search extracts suggests a top-up of up to 25%. We couldn't find how it treats invalidity.

NTGPASS (recruited 1 January 1988 to 9 August 1999)

NT Treasury describes NTGPASS invalidity as adding a prospective employer component of 17.5% of benefit salary for each year of service forgone, usually to 65, reduced after age 50 and within the first 10 years for pre-existing conditions. We saw this only in search extracts, so confirm with Treasury.

For workers compensation, the Territory is the employer of a member of the Police Force (Return to Work Act s 3). Weekly payments work like this.

On top of that, the 2022 Consent Agreement (cl 46) says the Commissioner maintains a member's normal weekly earnings for 12 months, or longer case by case, and won't refuse without reasonable grounds. Leave keeps accruing, and no personal leave is paid for absences compensated under workers comp. Our NT Police workers comp guide covers claims in detail.

The NT has a PTSD presumption. Section 4(6) of the Return to Work Act, with regulation 5AB and Schedule 2 item 9A of the Regulations, deems PTSD to be work-related for all work as a first responder unless the contrary is established. The definition of first responder expressly includes police officers.

One exclusion matters: it doesn't apply to someone trained as a first responder who never attended an incident in person. We couldn't find the date the presumption commenced, so if your PTSD was diagnosed some time ago, ask the NTPA or a lawyer whether it applies to you.

The Consent Agreement and NT leave rules shape both the months you're off and your final pay. Here's what our NT data records.

Two points stand out for a medical exit. First, during the Consent Agreement's 12 months of maintained normal weekly earnings, leave keeps accruing, and no personal leave is paid for absences compensated under workers comp. So a compensable injury shouldn't eat your personal leave.

Second, long service leave is paid pro rata on resignation after 7 years: 22.5, 45 or 67.5 days at 7, 8 or 9 years. Ask payroll how pro-rata leave is treated on invalidity retirement under s 91 or retirement through the inability process, and get the answer in writing before your last day.

1. 1

   Call the NTPA

   Week 1

   Before you respond to any s 87 notice or s 91 direction, get industrial and legal advice.

2. 2

   Lodge workers comp if work contributed

   Early

   The 12-month pay maintenance and Return to Work payments depend on an accepted claim.

3. 3

   Find out your super group

   Early

   CSS, NTGPASS or choice of fund plus NTGDIS. Ask NT Treasury or CSC for your invalidity benefit estimate.

4. 4

   Check your own fund's insurance

   Early

   Choice-of-fund officers may have TPD and income protection in their fund on top of NTGDIS.

5. 5

   Respond to the medical process

   As directed

   Attend directed examinations and give your own specialist report under s 91(3).

6. 6

   Diary the 14-day deadlines

   Critical

   Responses to s 87 notices and appeals to the Inability Appeal Board both run on 14 days.

Don't resign while this is under way. Resignation needs 14 days' notice under s 20, and it can cut off scheme benefits that depend on invalidity retirement. See resigning from the police.

Practitioners who examine you at the Commissioner's direction work for the process, not for you. Your own report is the only one written with your interests in mind.

The 12 months of EAP access after separation is worth using. When you're ready to think about what comes next, see careers after policing.

For the national picture, see how medical retirement works in every force and police superannuation in Australia.