NT Police workers comp
12 months' pay, then the Act

NT Police officers are covered by the Territory's general scheme, the Return to Work Act 1986 (NT). For a member of the Police Force, section 3 says the "employer" is the Territory itself.

What makes the NT different is the industrial layer on top. Clause 46 of the Consent Agreement requires the Commissioner to keep paying your normal weekly earnings for the first 12 months of a compensation claim, which overrides the Act's 26-week step-down in practice.

The NT Government insures itself. NT WorkSafe announced in 2017 that Gallagher Bassett manages NT public sector claims, and a 2023 answer to a written question in the Legislative Assembly named it as claims manager for NTPFES. We couldn't confirm whether that contract has changed since, so go by the name on your claim letters.

For how the NT compares with other forces, see our national guide to police workers compensation.

Section 3A of the Act covers a physical or mental injury arising out of or in the course of employment. Gradual injuries and diseases are covered where your employment "materially contributed" (s 4(5) and (6A)).

Report early. The NT Act has firm deadlines on both sides, and missing the employer's deadlines can mean your claim is deemed accepted (s 87).

1. 1

   Give notice of the injury

   As soon as practicable

   Tell your supervisor or a designated person as soon as practicable (ss 80-81). Notice can be oral or written. Record it through NTPFES's internal injury reporting too.

2. 2

   Get a medical certificate of capacity

   Same week

   See a doctor and tell them it's a work injury. The claim needs a certificate of capacity, and if the form and certificate go in separately, the second must follow within 28 days (s 82).

3. 3

   Lodge the claim form

   Within 6 months

   Use the approved form and sign the information-release authorisation. The claim must be made within 6 months of the injury, or of incapacity for a disease (s 182). Late claims can be excused for mistake, absence from the NT or another reasonable cause.

4. 4

   Employer forwards the claim

   3 working days

   Within 3 working days (s 84). Refusing to accept a claim form is an offence.

5. 5

   Accept, defer or dispute

   10 working days

   The employer must decide within 10 working days (s 85). If accepted, weekly payments start within 3 working days. If deferred, payments must still start within 3 working days and the deferral lasts up to 56 days; those payments generally can't be clawed back.

6. 6

   Return to work planning

   Within 7 days

   If incapacity is likely to exceed 28 days, the employer must give you a written return-to-work plan proposal within 7 days of knowing that (s 75A).

If the claim is disputed, the employer must give written reasons (s 85(8)). That letter starts the clock for mediation, covered further down.

Under the Act, there are two stages. For the first 26 weeks of incapacity (which don't have to be continuous), section 64 tops you up to your normal weekly earnings. After that, section 65 pays the lesser of 75% of your loss of earning capacity or 150% of average weekly earnings.

What counts as normal weekly earnings

Section 49A sets the rules. Overtime and shift allowances count only if they were worked "in accordance with a regular and established pattern", judged over the 6 months before the claim. Employer super contributions are excluded. Pre-injury earnings are indexed each year in line with AWE (s 65(3A)).

For most NT officers the 23% Consolidated Allowance and 5% General Policing Allowance are paid every pay, so you'd expect them to be in the figure. Ask the claims manager to show you the calculation.

Clause 46 of the 2022 Consent Agreement, "Workers' Compensation Leave and Entitlements", is the most valuable protection an injured NT officer has. It has three parts.

Where a member is in receipt of workers' compensation benefits in accordance with the Return to Work Act, the Commissioner shall maintain the member's normal weekly earnings for a period of 12 months, or such longer period as allowed by the Commissioner on a case by case basis. (CA 2022 cl 46(a))

Take a Constable First Class on the top increment. NTPFES publishes a package of $133,090 (base $103,977 plus the 23% Consolidated Allowance and 5% GPA). On our rough calculation that's about $2,551 a week. Your real figure depends on your actual earnings.

That drop of about $33,159 a year before tax is why the extension request matters. If you're partly back at work, section 65 pays 75% of the gap between your pre-injury earnings and what you can now earn, so the dollar drop is smaller.

Mental injuries are covered on the same "arising out of or in the course of employment" basis as physical ones. The main exclusion is section 3A(2): a mental injury isn't an "injury" if it was caused "wholly or primarily" by management action taken on reasonable grounds and in a reasonable manner, including decisions about that action.

PTSD is presumed for officers who attend incidents

The Return to Work Regulations list post-traumatic stress disorder as a disease linked to "all work as a first responder, including as a volunteer". Regulation 3 defines a first responder as a person with specialised training, "such as a paramedic, police officer, firefighter", who attends incidents involving actual or potential injury or damage where time may be critical.

If you work in an office role now but attended incidents earlier in your career, the presumption can still apply: the test looks at whether you were engaged in that kind of work before you became aware of the disease. Get a diagnosis from a psychiatrist or psychologist who understands policing.

Section 73 covers reasonable medical, hospital, travel, accommodation and nursing costs, plus counselling for family members up to 150% of AWE. Medical costs end 12 months after your last weekly payment (s 61A(2)).

From 15% whole person impairment, the lump sum is that percentage of the maximum. Between 5% and 14% a reduced scale applies: for example 10% WPI pays 3% of the maximum, and 14% pays 12%. You can ask for a review by a three-doctor panel within 28 days of an assessment (s 72(3)).

Under section 91 of the Police Administration Act, the Commissioner may retire a member on invalidity grounds if they are "totally and permanently incapacitated", meaning unlikely ever to work in any job they are, or could reasonably become, qualified for. The Commissioner must consider the super legislation that applies to you first, and you can submit your own doctor's report.

If you're not totally and permanently incapacitated but can't do your duties, section 91(6) requires the Commissioner to take reasonable steps to help you resume duties, such as alternative duties. Workers comp and medical retirement can run side by side; retiring doesn't by itself end an accepted claim, though the Act's time limits keep running.

1. 1

   Accepted workers comp claim

   Year 1

   Clause 46 pay for 12 months, then the Act's 75% rate unless extended.

2. 2

   Return-to-work plan and alternative duties

   Ongoing

   The Act (s 75A) and s 91(6) both push toward a return to suitable duties.

3. 3

   Invalidity retirement considered

   s 91(5)

   Only if you're found totally and permanently incapacitated, after super legislation is considered.

4. 4

   Super and insurance benefits

   Get advice

   Depend on your scheme: CSS with the police supplementary scheme, NTGPASS, or choice-of-fund cover.

We haven't confirmed how super invalidity benefits offset weekly payments in the NT, so get the figures from your fund and the claims manager in writing. Our NT Police medical retirement guide goes into the process.

If your claim is disputed, or payments are cut or stopped, the NT process has two compulsory stages. The insurer must also publish an internal dispute resolution process (s 103BA), which can resolve simpler problems faster.

Talk to the NT Police Association before you sign anything at mediation. Agreements can affect weekly payments, medical costs and any future lump sum.

You don't need an accepted claim to get help. These services are confirmed on official or provider sites.

If you or someone else is in danger, call 000.

The NTPA deals with clause 46 extensions and disputed claims regularly. Take these questions with you.

For pay context, see our NT Police salary guide and the NT Police pay deal. Comparing forces? Read how Tasmania, SA and the AFP treat injured officers.