Protective Services (Compensation)
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
22 of 1996

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1– 20 ..

PROTECTIVE SERVICES (COMPENSATION) ACT

CHAPTER 23:60

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Index of Subsidiary Legislation
Page

Protective Services (Compensation) Rules (LN 164/2001) … … 13

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CHAPTER 23:60

PROTECTIVE SERVICES (COMPENSATION) ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Liability to pay compensation.
4. Claims for compensation.
5. Committee.
6. Seal of the Committee.
7. Meetings and quorum.
8. Disclosure of interest.
9. Acting appointments.

10. Resignation from the Committee and revocation of appointment.
11. Publication in Gazette.
12. Office of the Committee.
13. Functions and jurisdiction of the Committee.
14. Committee rules and rules of evidence.
15. Staff.
16. Right of appeal.
17. Compensation otherwise awarded.
18. Annual report.
19. Transition.
20. Other entitlements.
21. Amendment of Schedules.

FIRST SCHEDULE.
SECOND SCHEDULE.

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CHAPTER 23:60

PROTECTIVE SERVICES (COMPENSATION) ACT

An Act to provide for the payment of compensation in respect
of officers of the protective services who suffer injury or
die in circumstances arising out of and in the course of
employment with the State.

[16TH JUNE 1997]

1. This Act may be cited as the Protective Services
(Compensation) Act.

2. In this Act—
“claim” means an application for compensation made under this

Act and “claimant” has the corresponding meaning;
“Committee” means the body of persons constituting the

Compensation Committee established under section 5;
“Minister” means the Member of Cabinet to whom responsibility

for National Security is assigned and “Ministry” has the
corresponding meaning;

“officer” means a person who holds an office in accordance with
any of the Acts listed in the First Schedule;

“permanent partial disablement” means such disablement of a
permanent nature as reduces the earning capacity of an
officer in the service in which he was employed at the time
the disablement was sustained;

“permanent total disablement” means such disablement of a
permanent nature as incapacitates an officer for all work
which he was capable of performing at the time the
disablement was sustained;

“personal injury” means permanent partial disablement or
permanent total disablement;

“Protective Services” means the services established by the Acts
listed in the First Schedule.

22 of 1996.

Commencement.
[107/1997].

Short title.

Interpretation.

First Schedule.

First Schedule.

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3. (1) Where an officer—
(a) suffers personal injury;
(b) dies instantly; or
(c) dies as a result of personal injury sustained,

in circumstances arising out of and in the course of his employment
with the State, the State shall be liable to pay compensation in
accordance with this Act.

(2) Any award of compensation under this Act, shall be
a charge on the Consolidated Fund.

4. (1) In furtherance of section 3, the following persons are
entitled to make a claim for compensation (hereafter called “a
claim”) under this Act:

(a) an officer who suffers personal injury;
(b) a person entitled under any written law to make a

claim on behalf of an officer who is so
incapacitated by reason of personal injury that he
is unable to make a claim himself;

(c) a named beneficiary of an officer who died
in circumstances set out in subsection 3(1)(b)
or (c); or

(d) in the absence of the named beneficiary referred
to at paragraph (c), the holder of a grant of probate
or a grant of letters of administration.

(2) A claim shall be made in respect of personal injury or
death arising after the coming into force of this Act, in accordance
with the rules made under section 14.

(3) The time during which a claim may be made shall be
as follows:

(a) in respect of death, within four years of the date
on which the death of the officer occurred; or

(b) in respect of personal injury, within one year
of the date on which such personal injury
was sustained.

Liability to pay
compensation.

Claims for
compensation.

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(4) In all proceedings before the Committee the claimant
may appear in person or may be represented by any named person
or an Attorney-at-law.

5. (1) A Compensation Committee (hereafter referred to as
“the Committee”) shall be established for the purposes of
performing the functions detailed under this Act.

(2) The Chairman, Secretary and other members of the
Committee shall be appointed by the President by instrument in
writing for a period of three years on such terms and conditions as
the President may determine.

(3) The Committee shall comprise—
(a) an Attorney-at-law whose name is on the Roll of

Attorneys-at-law in accordance with the Legal
Profession Act, having at least seven years
experience and who shall be Chairman;

(b) an Attorney-at-law whose name is on the Roll of
Attorneys-at-law in accordance with the Legal
Profession Act and who shall be secretary to the
Committee;

(c) a medical practitioner registered under the
Medical Board Act with at least seven years
experience;

(d) a medical practitioner registered under the
Medical Board Act or other suitably qualified
person with at least four years experience in the
field of occupational health and safety; and

(e) a person who has at least three years experience
in the business of accident and health claims.

(4) At the expiration of his term of office, a member of
the Committee shall be eligible for reappointment.

6. (1) The Committee shall have a seal which shall be
Judicially noticed and shall be kept in the custody of the secretary.

Committee.

Ch. 90:03.

Ch. 29:50.

Seal of the
Committee.

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(2) The seal shall be affixed by the secretary in the
presence of one other member, and any document purporting to
bear the seal of the Committee shall unless the contrary is proved,
be received in evidence and be deemed to be such a document
without further proof.

7. The Committee shall meet at such times as may be
necessary to deal promptly and expeditiously with all matters within
its charge, and three members shall constitute a quorum.

8. A member of the Committee who has any interest in a
matter before the Committee, shall be disqualified from all sittings
on such matter.

9. (1) Where a member of the Committee is unable to
perform his duties by reason of—

(a) illness;
(b) absence from Trinidad and Tobago;
(c) the provisions of section 8; or
(d) any other circumstance,

the President may appoint another person to act in place of such a
member during the period of his inability to perform his duties,
and such acting member shall hold the qualifications required by
section 5(3).

(2) A person appointed to act under this section, shall
perform all the functions as the absent member and shall do so
under the same terms and conditions as those enjoyed by the said
absent member.

10. (1) A member may resign his office by giving to the
President one month’s notice of his resignation in writing,
which shall take effect from the date of receipt of such notice
by the President.

(2) The President may revoke the appointment of a
member of the Committee where the member—

(a) is absent from three consecutive meetings without
the written approval of the Minister or without
reasonable cause;

Meetings and
quorum.

Disclosure of
interest.

Acting
appointments.

Resignation
from the
Committee and
revocation of
appointment.

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(b) is guilty of misconduct that may bring the
Committee into disrepute;

(c) is disqualified from the practice of his
profession; or

(d) is unable to perform his functions for any
other reason.

11. The appointment of members to the Committee, acting
appointments in their absence, the revocation of appointments or
resignations from the Committee shall be published in the Gazette.

12. The office of the Committee shall be situated in Port-of-
Spain and the address shall be published in the Gazette and in one
daily newspaper.

13. (1) The functions of the Committee shall be—
(a) to receive, investigate, hear and determine

claims for compensation filed in accordance
with this Act and the rules of the Committee
made under section 14, and to make such
orders for compensation in accordance with
the Second Schedule;

(b) to discharge any other responsibility that is
required by this Act.

(2) Where it is proved that an officer suffered personal
injury or died in circumstances arising out of and in the course of
his employment with the State, the Committee shall, subject to
subsections (3) and (4), make an order for the award of compensation
in accordance with the Second Schedule and shall give reasons in
writing for the award of, or the refusal to award compensation.

(3) In hearing a claim, the Committee shall determine—
(a) whether the injury to, or death of the officer

was caused, and to what extent, by his
participation in any type of illegal activity and
whether any compensation is payable under the
circumstances; and

Publication in
Gazette.

Office of the
Committee.

Functions and
jurisdiction of
the Committee.

Second
Schedule.

Second
Schedule.

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(b) the proportion of contributory negligence if any,
on the part of the officer and shall apportion
compensation accordingly.

(4) The Committee shall, in determining the quantum of
compensation, take into account any payment gratuitously made
to an officer or a claimant by the State, in respect of the same
personal injury or death.

(5) For the purpose of undertaking its functions, the
Committee shall have the same powers as a Court of civil
jurisdiction under the Summary Courts Act.

14. (1) The Committee shall make and publish its own rules
in the Gazette for the procedure to be followed:

(a) for the initiation of claims; and
(b) the conduct of its business, and shall publish in

the Gazette and one daily newspaper the location
and times of its sittings.

(2) Notwithstanding subsection (1), the Committee shall
be bound by rules of evidence applicable to a Court of civil
jurisdiction under the Summary Courts Act.

15. The staff for the Committee shall be selected by the
Permanent Secretary of the Ministry from among public officers
of that Ministry.

16. (1) A party who is aggrieved by a determination of the
Committee under section 13, is entitled to appeal to the Court of
Appeal, within six weeks of that determination.

(2) On hearing an appeal under subsection (1), the Court
of Appeal has power—

(a) if it appears to it that a new hearing should be
held, to set aside the order appealed against, and
order that a new hearing be held; or

(b) to order a new hearing on any question without
interfering with the finding or decision upon any
other question; and

Ch. 4:20.

Committee rules
and rules of
evidence.

Staff.

Right of appeal.

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(c) to make such finding or other order as the
circumstances of the case require.

17. In awarding compensation for injury or death under this
Act, the Committee shall take into account any damages
awarded to an officer or his beneficiary, in respect of the same
injury or death.

18. (1) The Committee shall submit to the Minister an annual
report dealing with its operations during the preceding year and
such report shall be submitted not later than three months of the
anniversary date of the appointment of the Committee.

(2) The Minister shall within three months of the receipt
of that Report lay the same in Parliament.

19. All claims in respect of personal injury or death of an
officer, occurring prior to the coming into operation of this Act,
shall be treated in accordance with—

(a) agreements executed between the Minister of
Finance and the Associations representing the
different Divisions of the Police Service, Fire
Service and Prison Service;

(b) the same principles applicable before the coming
into operation of this Act, where there are no
such agreements.

20. Nothing in this Act shall be construed in a manner that
would disentitle or disqualify an officer from making a claim in
respect of personal injury or death, in accordance with—

(a) The National Insurance Act, the National
Insurance Medical Expenses Regulations, the
National Insurance (Employment Injury)
(Payment of Medical Expenses) Order;

(b) the Police Service Act, the Fire Service Act, the
Prison Service Act and the Pensions Act;

(c) any other legislation that may confer benefits
relating to personal injury or death of an officer.

Compensation
otherwise
awarded.

Annual report.

Transition.

Other
entitlements.

Ch. 32:01.

Ch. 15:01.
Ch. 35:50.
Ch. 13:02.
Ch. 23:52.

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21. The Minister may by Order amend the First and Second
Schedules by adding to them any other Service or benefits as the
case may be.

FIRST SCHEDULE

The Police Service Act, Ch. 15:01.

The Fire Service Act, Ch. 35:50.

The Prison Service Act, Ch. 13:02.

SECOND SCHEDULE

BENEFITS THAT SHOULD BE GRANTED IN RESPECT
OF INJURY OR DEATH ARISING OUT OF AND IN THE

COURSE OF EMPLOYMENT

(i) An amount equal to three years
gross salary at the date of
death; and

(ii) Such entitlement as is provided
under the Police Service Act,
the Fire Service Act, the Prison
Service Act and the Pensions
Act or any other relevant
legislation.

(i) The same percentages of the
amount of (a)(i) above as
those included under the
Second Schedule to the
Workmen’s Compensation
Act, Ch. 88:05; and

(a) Compensation for death
arising out of and in the course
of employment

(b) Compensation for permanent
total disablement, or
permanent partial disablement

Amendment of
Schedules.

(Section 2).

(Section 13).

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(ii) Such entitlement provided
under the Police Service Act,
the Fire Service Act, the Prison
Service Act and the Pensions
Act or any other relevant
legislation.

Full pay.

CLAIMS IN RESPECT OF BENEFITS FOR DEATH OR
INJURY WHICH SHOULD NOT COME UNDER THE

JURISDICTION OF THE COMMITTEE

(d) Those claims which are occasioned by or have happened through the
following circumstances:

(i) war, invasion, act of foreign enemy; and
(ii) suicide or attempted suicide, venereal disease, the influence

or effect (temporary or otherwise) of alcohol, or of drugs not
prescribed by a registered medical practitioner.

(c) All necessary injury leave as
may be certified by a medical
practitioner approved by the
Committee

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SUBSIDIARY LEGISLATION

PROTECTIVE SERVICES (COMPENSATION) RULES

ARRANGEMENT OF RULES

RULE

1. Citation.
2. Interpretation.
3. Application of Rules.
4. Claim to the Committee.
5. Filing of documents.
6. Statement of consent or opposition.
7. Service of documents.
8. Committee may request attendance of persons at hearings and

written reports.
9. Conduct of hearing.

10. Orders of the Committee.
11. Functions of the Secretary.

SCHEDULE.

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PROTECTIVE SERVICES (COMPENSATION) RULES

made under section 14

1. These Rules may be cited as the Protective Services
(Compensation) Rules.

2. In these Rules—
“Act” means the Protective Services (Compensation) Act.
“Chairman” means the Chairman of the Compensation Committee

appointed under section 5 of the Act;
“Committee” means the Compensation Committee established by

section 5 of the Act;
“interested party” means the Commissioner of Police, the

Commissioner of Prisons or the Chief Fire Officer as the case
may be;

“Secretary” means the Secretary of the Committee appointed in
accordance with section 5 of the Act; and

“Secretariat” means the staff selected by the Permanent
Secretary of the Ministry with responsibility for national
security from among public officers of that Ministry
pursuant to section 15 of the Act, located at the Head
Office of the Ministry of National Security.

3. These Rules shall apply to a person who is entitled to make
a claim for compensation under section 4 of the Act.

4. (1) A claim form submitted to the Committee shall be in
the manner prescribed as Form A of the Schedule, shall be signed
by the applicant, his Attorney-at-law or agent and shall be addressed
to the Secretary of the Committee, Office of the Ministry of
National Security.

(2) A claim form may be obtained from the Secretariat of
the Committee at the Head Office of the Ministry of
National Security.

(3) A claim for compensation shall be accompanied by
an affidavit of the claimant showing that he satisfies the
requirements for compensation under sections 3 and 4 of the Act

164/2001.

Citation.

Interpretation.

Application
of Rules.

Claim to the
Committee.
Schedule.
Form A.

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and whether any damages have been awarded under section 17
of the Act and the affidavit shall also contain the following:

(a) whether the claim is made by—
(i) an officer as defined by section 2 of the Act;

(ii) a person entitled under any written law to
make a claim on behalf of an officer who
is so incapacitated by reason of personal
injury that he is unable to make the
claim himself;

(iii) a named beneficiary of an officer who
died in circumstances set out in
subsection 3(1)(b) or (c) of the Act; or

(iv) the holder of a grant of probate or a grant
of letters of administration, in the absence
of a named beneficiary;

(b) the circumstances under which the officer
sustained the injury, setting out the facts and
matters showing that the injury arose out of and
in the course of the officer’s employment; and

(c) whether any payment was gratuitously made
to the officer or claimant by the State, in respect
of the injury or death which is the subject of
the application.

(4) A claim for compensation together with all
supporting documents shall be filed at the Secretariat of the
Committee and the Secretary shall cause a copy of the claim to
be served on all interested parties within the time prescribed for
the making of the claim.

(5) The claimant under section 4(1)(a) or (b) of the Act
shall set out all supporting grounds in the claim and shall attach to
the claim, medical evidence of the injury.

(6) The claimant under section 4(1)(c) of the Act shall
attach to the claim, the death certificate of the victim.

(7) The claimant under section 4(1)(d) of the Act shall
attach to the claim, the grant of probate or letters of administration,
as the case may be.

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5. (1) Any document required or authorised under these
Rules to be filed at the office of the Committee, shall be filed by
leaving the document with a duly authorised officer of the
Secretariat, during normal office hours.

(2) Unless the Chairman otherwise directs, a party filing
with the Committee a claim or any other supporting documents
under these Rules, shall lodge at the office of the Committee in
addition to the original, five copies of the claim and other
supporting documents where necessary.

6. An interested party shall, within seven days after service
upon him of a claim, file at the Secretariat a statement of consent
or opposition to the claim, and if the latter, shall set out his reasons
for so doing.

7. The Committee shall give twenty-eight clear days notice
to the claimant and all interested parties of the date fixed for the
hearing of the claim, in the manner prescribed in Form B of
the Schedule.

8. At the hearing of a claim, the Committee shall be entitled
to request by notice in writing—

(a) the attendance of any person whom in its opinion
may be able to assist with the determination of
the claim; and

(b) a written report from an interested party setting
out the details of the incident giving rise to the
claim and stating whether the claimant was acting
in the course of his duty.

9. (1) The Committee shall consider any report of an
interested party submitted in accordance with rule 8.

(2) On the hearing of a claim, the claimant and the
interested party shall be entitled to tender evidence orally if in the
opinion of the Committee further evidence is needed.

(3) An affidavit prepared for the purpose of rebutting
evidence contained in a previous affidavit filed by the claimant or
the interested party shall be filed at the office of the Committee
and a copy thereof served on the other party not less than seven
days before the date fixed for the hearing of the claim.

(4) On the hearing of a claim, where evidence is given

Filing of
documents.

Statement of
consent or
opposition.

Service of
documents.
Schedule.
Form B.

Committee may
request
attendance of
persons at
hearings and
written reports.

Conduct of
hearing.

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by affidavit the Committee may, on the application of the claimant
or the interested party, order the attendance for cross-examination
of the person who swore to the affidavit and where, after such an
order has been made, the person does not attend, the affidavit shall
not be used as evidence unless with special leave of the Committee.

(5) A member designated by the Committee shall take
written notes of the evidence given by each witness while under
examination and these notes shall be signed by the Chairman and
shall form part of the records of the particular application.

(6) At the conclusion of the hearing of a claim, the
Committee may reserve its decision and order, until a date, no
later than three months from the conclusion of the hearing.

(7) In the event of an appeal, the Committee shall also
give reasons in writing for its award of compensation, or its refusal
to award compensation, as the case may be and the reason shall be
recorded in a register kept for this purpose.

10. (1) Where an order of the Committee stipulates the
payment of compensation, the Chairman shall direct the Secretary
to record the order, in a register kept for this purpose.

(2) An order made for compensation, shall be in
accordance with the Second Schedule of the Act, and shall be
forwarded by the Committee to the Permanent Secretary of the
Ministry with responsibility for national security for the payment
of compensation in accordance with the order.

11. (1) The Secretary shall—
(a) have custody of the official seal of the Committee

and affix it to any document to which it is required
by law to be affixed or as may be directed by the
Chairman and the seal shall be authenticated by
the signature of the Chairman and the Secretary;

(b) have custody and care of all records and
documents belonging to the Committee or filed
in its office; and

(c) perform such other duties and functions as may
be required by the Committee or as may be
imposed by these Rules or the Act.

Orders of the
Committee.

Second
Schedule of
the Act.

Functions of
the Secretary.

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(2) A document not required by law to be under seal, that
is made by the Committee and all decisions of the Committee,
shall be in writing under the hand of the Chairman or the Secretary.

(3) The Secretary shall keep in the office of the Committee
all books of records in which shall be entered—

(a) a true copy of every order, award, directive or
decision of the Committee; and

(b) any document that the Committee may require to
be entered therein.

(4) An entry made under subrule (3), is the original record
of the order, directive, award or decision.

SCHEDULE

FORM A

CLAIM FOR COMPENSATION

The Secretary,
Compensation Committee,
Port-of-Spain.

Dear Sir/Madam,

I hereby make a claim for compensation for injury/death as follows:

1. Full Name and Rank (Please Print)

......................................................................

3. Date of Birth ................................................

5A. Residential Address and Telephone No.

...................................................................... ..........................................

...................................................................... ..........................................

[Rule 4(1)].

2. Tick where appropriate:
Police Service......................
Fire Service.........................
Prison Service......................

4. Monthly Earnings................

5B. Business Address

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6. Give Date and Hour when incident occurred .........................................................

7. Place where incident occurred .................................................................................

8. Describe exactly how incident occurred .................................................................

.................................................................................................................................

9. What injuries were sustained wholly by the incident? ............................................

.................................................................................................................................

10. Was the Officer on official duties at the time of the incident? If yes, under


whose authority? ....................................................................................................

11. On what date did the Officer stop performing duties? ............................................

12. Is the Officer expected to return to work? ..............................................................

13. Has the Officer done any work since commencement of disability (If yes, please

explain)? ..................................................................................................................

14. How long was the Officer totally disabled? .....................(weeks) ...............(days)

15. How long was the Officer partially disabled? ........................(weeks) ..........(days)

16. Describe fully the Officer’s present condition ...........................................

I, the undersigned, hereby certify that my answers to the foregoing questions are correct
and true to the best of my knowledge and belief.

............................................... Signed ..........................................................

Date .............................................................

(Applicant/Attorney-at-law/Agent)(Witness)

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LAWS OF TRINIDAD AND TOBAGO

20 Chap. 23:60 Protective Services (Compensation)

FORM B

No. of

IN THE MATTER OF

A.B.

A claim for compensation for injury/death under section 4 of the Protective
Services (Compensation) Act, 1996

TAKE NOTICE that on the............................. day of ................................, .............,

the above-mentioned claim will be heard before the Compensation Committee at the

hour of ................................................. in the forenoon at ...............................................

Dated this .................... day of ....................................., 20...........

Chairman,
Compensation Committee

TO: (Applicant’s Name and Address)

AND TO: (Interested Party’s Designation and Address of Office)

(Rule 7).

(address of sitting)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt