Police Act 1958

1: Short Title and commencement
1: This Act may be cited as the Police Act 1958.
2: Except as otherwise provided by section 29
2: Interpretation
In this Act, unless the context otherwise requires,— Appropriate service organisation Arbitration Commission Arbitration Commission: this definition was repealed 15 May 1991 Police Amendment Act 1991 Chief of the Employment Relations Authority section 166(1)(a) Employment Relations Act 2000 Chief of the Employment Relations Authority: this definition was inserted 2 October 2000 240 Employment Relations Act 2000 Chief of the Employment Tribunal Chief of the Employment Tribunal: this definition was inserted 15 May 1991 Police Amendment Act 1991 Chief of the Employment Tribunal: this definition was substituted 2 October 2000 240 Employment Relations Act 2000 Commissioned officer Commissioner Employment Employment Court Employment Relations Act 2000 Employment Court: this definition was inserted 15 May 1991 Police Amendment Act 1991 Employment Court: this definition was substituted 2 October 2000 240 Employment Relations Act 2000 Employment Relations Authority section 156 Employment Relations Act 2000 Employment Relations Authority: this definition was inserted 2 October 2000 240 Employment Relations Act 2000 Employment Tribunal Employment Tribunal: this definition was inserted 15 May 1991 Police Amendment Act 1991 Employment Tribunal: this definition was substituted 2 October 2000 240 Employment Relations Act 2000 medical practitioner section 114(1)(a) Health Practitioners Competence Assurance Act 2003 medical practitioner: this definition was inserted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 Member of the Employment Relations Authority section 166(1) Employment Relations Act 2000 section 172 Member of the Employment Relations Authority: this definition was inserted 2 October 2000 240 Employment Relations Act 2000 Member of the Employment Relations Authority section 166(1) Employment Relations Act 2000 section 172 Member of the Employment Relations Authority: this definition was substituted 2 October 2000 240 Employment Relations Act 2000 Member of the Employment Tribunal Member of the Employment Tribunal: this definition was inserted 15 May 1991 Police Amendment Act 1991 Member of the Employment Tribunal: this definition was substituted 2 October 2000 240 Employment Relations Act 2000 member of the Government Superannuation Fund Police Sub-Scheme Part 6A Government Superannuation Fund Act 1956 member of the Government Superannuation Fund Police Sub-Scheme inserted 1 January 2002 62(1) Human Rights Amendment Act 2001 Minister Non-commissioned officer The Police Police dog Police dog: this definition was inserted 1 July 1996 Police Amendment Act 1996 Police dog handler Police dog handler: this definition was inserted 1 July 1996 Police Amendment Act 1996 Police Gazette section 61 psychologist section 114(1)(a) Health Practitioners Competence Assurance Act 2003 psychologist: this definition was inserted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 Service organisation State services superannuation scheme
a: Established under section 84A(a) State Sector Act 1988
b: Arranged under section 84A(b) 84A(c) State Sector Act 1988 State services superannuation scheme: this definition was inserted 1 July 1992 Police Amendment Act 1992 Union Union: this definition was repealed 15 May 1991 Police Amendment Act 1991 Date of settlement: this definition in the original section 2 inserted 11 October 1978 Police Amendment Act 1978 Higher Salaries Commission: this definition in the original section 2 inserted 11 October 1978 Police Amendment Act 1978 Police Gazette: this definition in the original section 2 inserted 11 October 1978 Police Amendment Act 1978 Public Sector Tribunal: this definition in the original section 2 inserted 11 October 1978 Police Amendment Act 1978 Public Sector Tribunal: this definition in the original section 2 repealed 1 August 1987 Labour Relations Act 1987 Ranges of rates of remuneration: this definition in the original section 2 inserted 1 August 1987 Police Amendment Act 1987 Remuneration: this definition in the original section 2 inserted 1 August 1987 Police Amendment Act 1987 Tribunal: this definition in the original section 2 inserted Police Amendment Act 1965 Tribunal: this definition in the original section 2 substituted 1 August 1987 Labour Relations Act 1987 Section 2 substituted 19 December 1989 Police Amendment Act 1989
1: Appointment, promotion, and resignation of members of the Police
Part 1 substituted 19 December 1989 Police Amendment Act 1989
3: Commissioner of Police
1: The Governor-General may from time to time appoint a fit and proper person to be the Commissioner of Police, who shall have the general control of the Police.
2: The Commissioner shall hold office during the pleasure of the Governor-General. 1958 No 109 s 3(1) Subsections (2)-(5) substituted 23 November 1973 Police Amendment Act 1973 Subsection (2) substituted 22 October 1981 Police Amendment Act 1981 Subsection (4) amended 22 October 1981 Police Amendment Act 1981 by inserting the words longest in office as such Subsection (5) amended 22 October 1981 Police Amendment Act 1981 by substituting the words a Deputy Commissioner the Deputy Commissioner Part 1 substituted 19 December 1989 Police Amendment Act 1989
4: Deputy Commissioners of Police
1: The Governor-General may from time to time appoint one or more fit and proper persons to be Deputy Commissioners of Police.
2: Each Deputy Commissioner shall hold office during the pleasure of the Governor-General.
3: Each Deputy Commissioner shall have and may exercise such of the powers, authorities, duties, and functions of the Commissioner as the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case.
4: Every delegation under subsection (3)
5: In the case of absence from duty of the Commissioner (from whatever cause arising) or on the occurrence of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers, authorities, duties, and functions of the Commissioner may be exercised and performed by the Deputy Commissioner longest in office as such.
6: The fact that a Deputy Commissioner exercises any power, authority, duty, or function, pursuant to this section, shall, in the absence of proof to the contrary, be sufficient evidence of his or her authority to do so. 1958 No 109 s 3(2) (3) (4) (5) Subsection (3) substituted 23 November 1973 Police Amendment Act 1973 Part 1 substituted 19 December 1989 Police Amendment Act 1989
4A: Deputy Assistant Commissioners
Section 4A inserted 14 December 1976 Police Amendment Act 1976 Part 1 substituted 19 December 1989 Police Amendment Act 1989
5: Members of the Police
1: The Commissioner may from time to time appoint such sworn and non-sworn members of the Police
1A: The power conferred by subsection (1)
a: To engage an appointee for such period as the Commissioner and the appointee may agree:
b: To appoint acting or temporary or casual appointees.
2: Where the Commissioner thinks it is necessary to do so for the efficient exercise of the powers, functions, and duties of the Police, the Commissioner may designate any position within the Police that may be filled by any member of the Police.
3: The Commissioner may assign to any sworn member of the Police such rank as the Commissioner considers appropriate.
4: Subject to—
a: The provisions of this Act, any general instructions issued under section 30 section 64
b: The conditions of employment set out in any agreement under section 67 75
c: The conditions of employment set out in any individual contract of service under this Act,— the Commissioner may at any time remove any member of the Police from that member's employment.
5: Except as otherwise expressly provided in this Act, the Commissioner shall have all of the rights, duties, and powers of an employer in respect of all members of the Police.
6: Nothing in subsection (5)
7: Without limiting subsection (4)
a: Reduction to any rank, whether commissioned or otherwise:
b: Reduction in seniority by any specified number of years:
c: Reduction in pay for any specified period:
d: A fine not exceeding $500.
8: Where subsection (7) 1958 No 109 ss 4 4A 5 7 8 10 11 12 Part 1 substituted 19 December 1989 Police Amendment Act 1989 Subsection (1) amended 1 July 1992 2(1) Police Amendment Act (No 2) 1992 by omitting the words (including acting or temporary or casual appointees) Subsection (1A) inserted 1 July 1992 2(2) Police Amendment Act (No 2) 1992
5A: Members may be removed for incompatible behaviour
1: The Commissioner may institute the removal of a member of the Police from that member's employment if, following an inquiry under section 12
a: That the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within the Police or which tends to bring the Police into disrepute; and
b: That the removal of the member is necessary to maintain good order and discipline within the Police or to avoid bringing the Police into disrepute.
2: Subsection (1) Section 5 inserted 1 February 1994 145 Human Rights Act 1993
6: Non-sworn members of the Police
1: Except as otherwise expressly provided in this Act or any other enactment,—
a: No non-sworn member of the Police shall have or may exercise in relation to members of the public any of the powers, functions, or duties of a member of the Police under this Act or any other enactment or at common law; and
b: No reference in this Act or any other enactment to any member of the Police shall be read as including a reference to a non-sworn member of the Police.
2: Any non-sworn member of the Police may, on being authorised to do so by warrant under the hand of the Commissioner, exercise any particular power, function, or duty of a member of the Police under any enactment other than this Act
3: It is the duty of every person exercising any power, function, or duty under a warrant issued under subsection (2)
a: To have the warrant with him or her; and
b: To produce the warrant during the exercise of any such power, function, or duty, if requested.
4: In any of the enactments specified in subsection (5)
5: The enactments referred to in subsection (4)
a: sections 5 10 11 13 15 30 39 to 44 51 52 54(1) 55 55A 57 to 59 61A 64 76 to 79 96
b: section 52(1)(b) Electoral Act 1993
c: section 8(g) Juries Act 1981
d: the Independent Police Conduct
e: section 24 Summary Offences Act 1981 Section 6 substituted 14 December 1976 Police Amendment Act 1976 Section 6 amended 22 October 1981 Police Amendment Act 1981 by substituting the words each Deputy Commissioner the Deputy Commissioner Part 1 substituted 19 December 1989 Police Amendment Act 1989 Subsection (2) amended 22 October 2003 3(1) Police Amendment Act 2003 by substituting the words enactment other than this Act other enactment Subsection (4)(aa) inserted 15 December 1994 2(1) Police Amendment Act 1994 Subsection (4) substituted 22 October 2003 3(2) Police Amendment Act 2003 Subsection (5) inserted 22 October 2003 3(2) Police Amendment Act 2003 Section 6(5)d) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
7: Employment principles
The Commissioner shall operate a personnel policy that complies with the principle of being a good employer by following, subject to this Act, as closely as possible and as if he or she were the chief executive of a Department, the provisions of sections 56 58 State Sector Act 1988 Subsection (1) amended 7 April 1988 Police Amendment Act 1988 by substituting the word Commissioner Minister Subsection (1) inserted 1 December 1961 Police Amendment Act 1961 Part 1 substituted 19 December 1989 Police Amendment Act 1989
8: Appointments on merit
The Commissioner, in making an appointment under section 5 Part 1, comprising sections 3 to 15 substituted 19 December 1989 Police Amendment Act 1989
9: Obligation to notify vacancies
Except as otherwise provided in regulations made under section 64 Part 1 substituted 19 December 1989 Police Amendment Act 1989
10: Obligation to notify appointments
Except as otherwise provided in regulations made under section 64 Part 1 substituted 19 December 1989 Police Amendment Act 1989
11: Review of appointments and decisions under
section 28D
1: The Commissioner shall establish, after consultation with the State Services Commission, a procedure for reviewing appointments made under section 5 section 28D
2: Nothing in subsection (1)
a: Any acting, temporary, or casual appointment; or
b: Any appointment to any position to which section 76 Part 1 substituted 19 December 1989 Police Amendment Act 1989
11A: Recruits
Section 11A inserted 7 April 1988 Police Amendment Act 1988 Part 1 substituted 19 December 1989 Police Amendment Act 1989
12: Inquiry into misconduct
1: Where any misconduct or neglect of duty is alleged against any sworn member of the Police, the Commissioner may appoint one or more persons to inquire into the alleged misconduct or neglect of duty and to report to the Commissioner on that matter.
2: Where such an allegation is made against any sworn member of the Police, the Commissioner may suspend the member from duty under section 32
3: The person or persons holding the inquiry shall—
a: Take all reasonable steps to ensure that the member against whom the allegation is made is given notice of the reasons for the inquiry; and
b: Give the member or his or her counsel or agent a reasonable opportunity to make submissions and be heard in respect of the allegation.
4: The person or persons holding the inquiry shall follow the procedure prescribed in regulations made under section 64
5: For the purposes of this section the person or persons holding any such inquiry shall have the same powers and authority to summon witnesses and receive evidence as are conferred upon Commissions of Inquiry by the Commissions of Inquiry Act 1908 sections 11 12
6: No person shall be called upon to produce any paper, document, record, or thing, or give any evidence if the Minister certifies in writing that to do so would be injurious to the public interest or the interests of the Police.
7: So long as any person engaged in any inquiry under this section acts bona fide in the discharge of that person's duties, no action shall lie against that person for anything that he or she may report or say in the course of the inquiry.
8: Every witness attending and giving evidence and every counsel or agent appearing at any inquiry under this section shall have the same privileges and immunities as witnesses and counsel in Courts of law.
9: Where the allegation under inquiry involves 2 or more sworn members of the Police, the person or persons holding the inquiry may hear the cases together. 1958 No 109 s 33 Subsection (1) of the original section 12 substituted 7 April 1988 Police Amendment Act 1988 Subsection (3) of the original section 12 amended 7 April 1988 Police Amendment Act 1988 by omitting the words of the Minister or, as the case may require, Subsection (4) of the original section 12 inserted 11 October 1978 Police Amendment Act 1978 Part 1 substituted 19 December 1989 Police Amendment Act 1989
13: Acting appointments
1: In the case of the absence from duty of any member of the Police other than the Commissioner (from whatever cause arising) or on the occurrence from any cause of a vacancy (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, or for any other special purpose, the Commissioner may—
a: Authorise any member of the Police to exercise all or any of the powers and duties under this Act or any other Act, of any rank higher than that member's own rank; or
b: Appoint any member of the Police temporarily to any higher rank, whether commissioned or non-commissioned.
2: Any authority or appointment under this section may be given or made before the occasion arises or while it continues, and no such authority or appointment, and nothing done by any member of the Police acting pursuant to any such authority or appointment, shall be questioned in any proceedings on the ground that the occasion has not arisen or had ceased, or on the ground that the member had not been appointed to any rank to which the authority relates.
3: The Commissioner may at any time revoke any authority given or any appointment made under this section. 1958 No 109 s 15 Subsection (1) of the original section 13 substituted 1 December 1961 Police Amendment Act 1961 Part 1 substituted 19 December 1989 Police Amendment Act 1989
13A: Promotion Board may rescind recommendations
Section 13A inserted 20 October 1972 Police Amendment Act 1972 Section 13A repealed 19 December 1989 Police Amendment Act 1989
13B: Reinstatement in former rank following demotion
Section 13B inserted 13 January 1984 Police Amendment Act 1983 Section 13B repealed 19 December 1989 Police Amendment Act 1989
14: Resignation
1: No sworn member of the Police may resign his or her office unless that member has given to the Commissioner not less than 14 days notice in writing of his or her intention to resign, or has been authorised in writing by the Commissioner to resign.
2: Except with the permission of the Commissioner, no sworn member of the Police may withdraw any such notice of intention to resign.
3: Where in the opinion of the Governor-General special circumstances require that no sworn member of the Police shall resign without permission, the Governor-General may, by Warrant under the Governor-General's hand, declare that no sworn member of the Police shall resign except on the conditions set out in the Warrant.
4: Any sworn member who resigns his or her office otherwise than in accordance with the provisions of this section, or otherwise than in accordance with the provisions of a Warrant for the time being in force under this section, or who deserts from the Police, commits an offence and shall be liable to a fine not exceeding $100 or to forfeit all pay then due or becoming due to him or her as a member of the Police, or both. 1958 No 109 s 16 Subsection (1) amended 7 April 1988 Police Amendment Act 1988 by substituting the words a cadet, or a recruit or a cadet Subsection (2) substituted 20 October 1972 Police Amendment Act 1972 Subsections (3) and (4) substituted 11 October 1978 Police Amendment Act 1978 Subsection (4) amended 7 April 1988 Police Amendment Act 1988 by substituting the words the Commissioner the Minister or the Commissioner, as the case may require, Part 1 substituted 19 December 1989 Police Amendment Act 1989
15: Power to transfer members within the Police
1: Where the Commissioner at any time finds in respect of any duties being carried out by the Police—
a: That those duties are no longer to be carried out by the Police; or
b: That a greater number of members of the Police is employed on those duties than is considered by the Commissioner to be necessary for the efficient carrying out of those duties,— the Commissioner may, without complying with sections 8 9 section 67 75 subsections (2) (3)
2: The only appointments that may be made under this section shall be—
a: The appointment of any sworn member of the Police to a sworn position; and
b: The appointment of any non-sworn member of the Police to a non-sworn position.
3: Before making an appointment under this section, the Commissioner shall consult with the member about the proposed appointment.
4: Nothing in section 11 Part 1 substituted 19 December 1989 Police Amendment Act 1989
16: Resignation
Subsection (1) amended 13 January 1981 Police Amendment Act 1980 by substituting the words 14 days one month's Section 16 repealed 19 December 1989 Police Amendment Act 1989
2: Police superannuation and retirement
17: Interpretation
In this Part of this Act, unless the context otherwise requires,— Contributor Fund the Government Superannuation Fund Act 1956 Terms and expressions defined in the Government Superannuation Fund Act 1956 Section 17 amended 1 November 1976 3(3) Government Superannuation Fund Amendment Act 1976 by substituting the expression the Government Superannuation Fund Act 1956 the Superannuation Act 1956
18: Contributors
Section 18 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
19: Rates of contribution
Section 19 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
20: Rates of contribution by existing contributors
Section 20 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
21: Computation of contributory service
Section 21 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
22: Transfer to or from Government service
Section 22 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
23: Reimbursement of Fund
Section 23 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
24: No election to contribute in respect of certain employment
Section 24 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
25: Special provisions as to service in island territories
Section 25 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
26: Superannuation Act 1956 Section 26 repealed 14 December 1962 27(1) Government Superannuation Fund Amendment Act 1962
26A: State services superannuation schemes
1: The Commissioner may exercise in respect of members of the Police the powers conferred by section 84A State Sector Act 1988 sections 84B to 84D
2: This section shall have effect notwithstanding anything in section 96 Section 26A inserted 1 July 1992 Police Amendment Act 1992
27: Age of retirement
Section 27 substituted 1 May 1985 Police Amendment Act 1985 Subsection (4) substituted 16 October 1964 police Amendment Act 1964 Subsection (5A) inserted 1 October 1999 8 Human Rights Amendment Act 1999 Subsection (8)(aa) inserted 1 July 1992 Police Amendment Act 1992 Section 27 repealed 1 January 2002 63(1) Human Rights Amendment Act 2001
28: Retirement of medically unfit
1: Any member of the Police who is certified by 2 medical practitioners nominated by the Commissioner and approved under subsection (5A) (whether the unfitness relates to the physical or mental condition of the member) Provided that the member may, with the consent of the Commissioner, waive his right to notice and retire immediately.
2: Any member required under this section to retire from the Police shall, on the expiration of the time specified in that behalf in the notice, cease to be a member: Provided that where an appeal is commenced under subsection (3)
3: Any member who is required under this section to retire from the Police may appeal against the requirement.
4: Every appeal shall be commenced by notice of appeal delivered to the Commissioner within 7 days after the receipt of the notice referred to in subsection (1)
5: Any appeal under this section shall be determined by 3 and approved under subsection (5A)
5A: Every medical practitioner nominated under subsection (1) subsection (5)
a: Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner approved by the Government Superannuation Fund Authority
b: Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner approved by the trustees of that scheme.
6: Subject to the provisions of subsection (5)
7: Where any member of the Police who is a member of the Government Superannuation Fund Police Sub-Scheme retires from the Police under this section, that member of the Police shall, subject to section 88F Government Superannuation Fund Act 1956
8: Where any member of the Police who is a member of a State services superannuation scheme retires from the Police under this section, that member of the Police shall, subject to the provisions of that scheme, be entitled to the benefits provided for in the event of retirement from the Police. 1947 No 13 s 19 The original subsection (1) amended 16 October 1964 Police Amendment Act 1964 by inserting the words and approved by the Government Superannuation Board (whether the unfitness relates to the physical or mental condition of the member inserted Police Amendment Act 1976 Subsection (1) amended 1 July 1992 Police Amendment Act 1992 by substituting the words and approved under subsection (5A) of this section and approved by the Government Superannuation Board Subsection (1) amended 14 December 1976 Police Amendment Act 1976 by inserting the words (whether the unfitness relates to the physical or mental condition of the member) Subsection (1) inserted 13 January 1980 Police Amendment Act 1980 The original subsection (5) amended 16 October 1964 Police Amendment Act 1964 by inserting the words and approved by the Government Superannuation Board Subsection (5) amended 1 July 1992 Police Amendment Act 1992 by substituting the words and approved under subsection (5A) of this section and approved by the Government Superannuation Board Subsection (5) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting the word registered See sections 178 to 227 Subsection (5A) inserted 1 July 1992 Police Amendment Act 1992 Subsection (5A)(a) amended 1 October 1995 31 Government Superannuation Fund Amendment Act 1995 by substituting the words Superintendent of the Government Superannuation Fund Government Superannuation Fund Board 31 repealed Government Superannuation Board Subsection (5A)(a) amended 2 October 2001 40 Government Superannuation Fund Amendment Act 2001 by substituting the words the Government Superannuation Fund Authority the Superintendent of the Government Superannuation Fund See sections 2(3) 2(4) Government Superannuation Fund Amendment Act 2001 See section 28 Part 2 Subsection (7) inserted 16 October 1964 Police Amendment Act 1964 Subsection (7) substituted 1 July 1992 Police Amendment Act 1992 Subsection (8) inserted 1 July 1992 Police Amendment Act 1992
28A: Commissioner to prescribe standards of fitness
1: For the purpose of sections 11(1) 28C the Government Superannuation Fund Authority and with the trustees of each State services superannuation scheme section 30
2: Any such standards may be expressed to apply to all members of the Police generally, or to any particular class of members, whether designated by reference to rank, duties, or age, or otherwise. Sections 28A to 28F inserted 1 May 1985 Police Amendment Act 1985 Subsection (1) amended 19 December 1989 Police Amendment Act 1989 by substituting the words sections 11(1) and 28C sections 28C and 28E Subsection (1) amended 1 July 1992 Police Amendment Act by inserting the words and with the trustees of each State services superannuation scheme Subsection (1) amended 1 October 1995 31 Government Superannuation Fund Amendment Act 1995 by substituting the words Superintendent of the Government Superannuation Fund Government Superannuation Board Subsection (1) amended 2 October 2001 40 Government Superannuation Fund Amendment Act 2001 by substituting the words the Government Superannuation Fund Authority the Superintendent of the Government Superannuation Fund See sections 2(3) 2(4) Government Superannuation Fund Amendment Act 2001 See section 28 Part 2
28B: Application of sections 28C and 28D
Sections 28C 28D or who is a member of a State services superannuation scheme Sections 28A to 28F inserted 1 May 1985 Police Amendment Act 1985 Section 28B substituted 19 December 1989 Police Amendment Act 1989 Section 28B amended 1 July 1992 Police Amendment Act 1992 by inserting the words or who is a member of a State services superannuation scheme Section 28B amended 1 January 2002 62(2) Human Rights Amendment Act 2001 by omitting the words (as defined in section 27(9) of this Act)
28C: Compulsory disengagement of unfit
1: If, in respect of any member of the Police to whom this section applies, the Commissioner is satisfied that the member is incapable of performing competently the duties of the member's rank and any other duties that may reasonably be required of the member from time to time, and—
a: Two medical practitioners nominated by the Commissioner and approved under subsection (1A)
i: That the member's incapacity is referable to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1)
ii: That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
b: Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved under subsection (1A)
i: That the member's incapacity is referable to the member's psychological unfitness; and
ii: That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
c: Two medical practitioners or a medical practitioner and a psychologist nominated in each case by the Commissioner and approved under subsection (1A)
i: That the member's incapacity is referable in part to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1)
ii: That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance,— the Commissioner may require the member, by notice in writing, to leave the Police within such time, being not less than one month, as may be specified in the notice.
1A: Every medical practitioner or psychologist nominated under subsection (1)
a: Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Fund Authority
b: Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.
2: In any case to which subsection (1)
3: Subject to subsection (4) subsection (2)
4: Where the member takes a personal grievance action under section 87 Sections 28A to 28F inserted 1 May 1985 Police Amendment Act 1985 Paragraphs (1)(a) (b) (c) amended 1 July 1992 Police Amendment Act 1992 by substituting the words under subsection (1A) of this section by the Government Superannuation Board Subsection (1A) inserted 1 July 1992 Police Amendment Act 1992 Subsection (1A)(a) amended 1 October 1995 31 Government Superannuation Fund Amendment Act 1995 by substituting the words Superintendent of the Government Superannuation Fund Government Superannuation Board Subsection (1A)(a) amended 2 October 2001 40 Government Superannuation Fund Amendment Act 2001 by substituting the words the Government Superannuation Fund Authority the Superintendent of the Government Superannuation Fund See sections 2(3) 2(4) Government Superannuation Fund Amendment Act 2001 See section 28 Part 2 Subsection (4) substituted 19 December 1989 Police Amendment Act 1989
28D: Voluntary disengagement of unfit
1: On the application of any member of the Police to whom this section applies, the Commissioner may permit the member to leave the Police under this section if the Commissioner is satisfied that the member is incapable of performing competently the duties of the member's rank and any other duties that may reasonably be required of the member from time to time, and—
a: Two medical practitioners nominated by the Commissioner and approved under subsection (1A)
i: That the member's incapacity is referable to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1)
ii: That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
b: Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved under subsection (1A)
i: That the member's incapacity is referable to the member's psychological unfitness; and
ii: That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
c: Two medical practitioners or a medical practitioner and a psychologist nominated by the Commissioner and approved under subsection (1A)
i: That the member's incapacity is referable in part to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1)
ii: That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or
d: The Commissioner is satisfied that the member's incapacity is referable to any personal factor relating to the special circumstances of the member and directly attributable to the member's service with the Police.
1A: Every medical practitioner or psychologist nominated under subsection (1)
a: Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Fund Authority
b: Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.
2: Where the Commissioner decides to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision, and the member shall cease to be a member of the Police on the date specified in that behalf in the notice.
3: Where the Commissioner refuses to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision. Sections 28A to 28F inserted 1 May 1985 Police Amendment Act 1985 Subsection (1)(a), (b), and (c) amended 1 July 1992 Police Amendment Act 1992 by substituting the words under subsection (1A) of this section by the Government Superannuation Board Subsection (1A) inserted 1 July 1992 Police Amendment Act 1992 Subsection (1A)(a) amended 1 October 1995 31 Government Superannuation Fund Amendment Act 1995 by substituting the words Superintendent of the Government Superannuation Fund Government Superannuation Board Subsection (1A)(a) amended 2 October 2001 40 Government Superannuation Fund Amendment Act 2001 by substituting the words the Government Superannuation Fund Authority the Superintendent of the Government Superannuation Fund See sections 2(3) 2(4) Government Superannuation Fund Amendment Act 2001 See section 28 Part 2
28E: Appeals against compulsory disengagement or refusal of voluntary disengagement
Sections 28A to 28F inserted 1 May 1985 Police Amendment Act 1985 Section 28E repealed 19 December 1989 Police Amendment Act 1989
28F: Entitlement to allowances, etc
Every person who ceases to be a member of the Police under section 28C 28D Government Superannuation Fund Act 1956 or the State services superannuation scheme to which that person belongs, as the case may require Sections 28A to 28F inserted 1 May 1985 Police Amendment Act 1985 Section 28F amended 1 July 1992 Police Amendment Act 1992 by inserting the words or the State services superannuation scheme to which that person belongs, as the case may require
29: Commencement of this Part and repeals
1: This Part of this Act shall come into force on the 1st day of April 1959.
2: Sections 12 and 19 of the Police Force Act 1947 section 4 of the Police Force Amendment Act 1954
3: General
Regulation and discipline of members
30: General instructions
1: The Commissioner may from time to time issue general instructions, not inconsistent with the provisions of this Act or regulations made thereunder, and all members of the Police shall obey and be guided by those instructions.
1A: In any such general instructions, the Commissioner may, in respect of sworn members of the Police, fix any conditions of employment that are not for the time being fixed under section 67
2: Every general instruction shall remain in force until cancelled by the Commissioner.
3: A general instruction is deemed to have been communicated to a member of the Police when the instruction has been—
a: Published in the Police Gazette; or
b: Published in a Police magazine that is published under the authority of the Commissioner and distributed to all members; or
c: Published in a manual of general instructions issued by the Commissioner to all members; or
d: In the case of a member of a particular group of Police, published in a manual of instructions issued by the Commissioner to members of that particular group; or
e: Brought to the personal notice of the member.
4: The production at any inquiry or investigation under this Act of a copy of any of the publications referred to in paragraphs (a) to (d) 1947 No 13 s 15 1952 No 14 s 3 Subsection (1A) inserted 19 December 1989 Police Amendment Act 1989 Subsections (3) (4) substituted 3 June 1998 2 Police Amendment Act 1998
30A: General instructions as to allowances and expenses
Inserted 13 December 1968 Police Amendment Act 1968 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 See section 8(2) (3)
31: Members not to engage in politics
Subject to the provisions of sections 52 53 Electoral Act 1993 Provided that nothing in this section shall apply to the discharge by any member of the Police of his duty at or concerning any such election. 1947 No 13 s 32 Section 31 amended 22 October 2003 4 Police Amendment Act 2003 by substituting the words sections 52 and 53 of the Electoral Act 1993 sections 30 and 31 of the Electoral Act 1956
32: Suspension pending hearing of charge
1: Subject to this section, where the Commissioner makes or contemplates making against any sworn member of the Police any criminal charge, or any allegation of misconduct or neglect of duty of or by that member, the Commissioner may—
a: Suspend the member until—
i: The member has been sentenced or otherwise dealt with by a Court; or
ii: A decision has been made under section 5(4)
iii: A decision to proceed or not with the allegation against the member has been made; and
b: Direct that the suspension be with or without pay, or without such part of the member's pay as the Commissioner directs.
1A: The Commissioner may, at any time while a suspension remains in force, vary or rescind the decision to suspend the member, or determine that the suspension shall cease on a date earlier than the date on which it would otherwise cease.
1B: Before suspending any sworn member of the Police under subsection (1)
a: Take all reasonable steps to ensure that the member is given notice of the reasons for the proposed suspension; and
b: Give the member or his or her counsel or agent a reasonable opportunity to make submissions and be heard in respect of the proposed suspension.
2: The authority conferred on the Commissioner by subsection (1)
3: Except where the conduct of the member is the subject of criminal proceedings or where any delay in concluding an inquiry occurs through any circumstances beyond the control of the Commissioner, no period of suspension under this section shall continue for longer than 21 days.
3A: Where the conduct of the member is the subject of criminal proceedings the period of suspension under this section may be extended for such further period, not exceeding 28 days after the date on which the proceedings are finally determined, as the Commissioner considers necessary to enable him to consider whether the member should be dismissed under section 5
4: Notwithstanding anything in subsection (1)
5: The Commissioner shall within 7 days after the receipt of any submission made under subsection (4)
6: Notwithstanding anything in subsection (1) (5) section 12
7: Notwithstanding anything in this section, in the event of any appeal being commenced from the decision of any Court sentencing or otherwise dealing with the member, or from any decision as to the guilt of or the penalty to be imposed on the member made under section 12 The original subsection (1) substituted 23 November 1973 Police Amendment Act 1973 A proviso to the former subsection (1) inserted 11 October 1978 Police Amendment Act 1978 Subsection (1) substituted 19 December 1989 Police Amendment Act 1989 Subsection (3A) inserted 14 December 1976 Police Amendment Act 1976 Subsection (3A) amended 1 July 1992 3(a) Police Amendment Act (No 2) by substituting the expression section 5 section 35 The original subsection (4) substituted (5) to (7) inserted 16 October 1964 Police Amendment Act 1964 Subsections (4) to (7) substituted 23 November 1973 Police Amendment 1973 Subsections (6) (7) amended 1 July 1992 3(b) Police Amendment Act (No 2) by substituting the expression section 12 section 33
33: Inquiries as to breaches of duty
Subsection (1)(a) amended 14 December 1976 Police Amendment Act 1976 by inserting the words and of whom one shall be appointed at act as a Chairman at the inquiry Subsection (1)(a) (b) amended 7 April 1988 Police Amendment Act 1988 by substituting the word Commissioner Minister Subsection (1)(b)(iv) amended 16 December 1983 Police Amendment Act 1983 by substituting the expression $500 $400 Subsection (2)(b)(iv) amended 16 December 1983 Police Amendment Act 1983 by substituting the expression $500 $250 Subsection (3) amended 7 April 1988 Police Amendment Act 1988 by inserting the words or a cadet or a recruit Subsection (3)(a) amended 20 October 1972 Police Amendment Act 1972 by substituting the words on payment of such sum as he thinks just and reasonable towards the costs of the inquiry, or discharge the offender without penalty, without penalty Subsection (3)(b)(iii) amended 16 December 1983 Police Amendment Act 1983 by substituting the expression $500 $175 Subsection (3A) inserted 14 December 1976 Police Amendment Act 1976 Subsection (5) amended 20 October 1973 Police Amendment Act 1972 by substituting the words on payment of such sum as he thinks just and reasonable towards the costs of the inquiry, or discharge the offender without penalty, without penalty Subsection (5) amended 7 April 1988 Police Amendment Act 1988 by substituting the words the Commissioner the Minister or, as the the case may require, the Commissioner, Subsection (5A) inserted 20 October 1972 Police Amendment Act 1972 Subsection (6) amended 20 October 1972 Police Amendment Act 1972) by inserting the words and subsection (10) Section 33 repealed 19 December 1989 Police Amendment Act 1989
34: Appeal following inquiry into breach of duty
Subsection (1) amended 13 December 1968 Police Amendment Act 1968 by omitting the words a constable on probation, or a temporary member who has served in the Police for less than 2 years, or Subsection (1) amended 7 April 1988 Police Amendment Act 1988 by inserting the words or a recruit Subsection (3) substituted 14 December 1976 Police Amendment Act 1976 Subsection (3) substituted 22 October 1981 Police Amendment Act 1981 Subsection (4) substituted 7 April 1988 Police Amendment Act 1988 Section 34 repealed 19 December 1989 Police Amendment Act 1989
34A: Appeal by Commissioner against finding of disciplinary proceedings
Section 34A inserted 14 December 1976 Police Amendment Act 1976 Subsection (4)(c) amended 7 April 1988 Police Amendment Act 1988 by omitting the words The Minister or, as the case may require, Section 34A repealed 19 December 1989 Police Amendment Act 1989
35: Dismissal
Subsection (1) substituted 7 April 1988 Police Amendment Act 1988 Subsections (2) to (5) inserted 23 November 1973 Police Amendment Act 1973 Section 35 repealed 19 December 1989 Police Amendment Act 1989
36: Appeal against dismissal
Subsection (2) substituted 23 November 1973 Police Amendment Act 1973 Subsection (3) amended 23 November 1973 Police Amendment Act 1973 by substituting the words on the same or such new terms as to pay as the Commissioner shall so direct under this subsection without pay Section 36 repealed 19 December 1989 Police Amendment Act 1989 Miscellaneous provisions as to members of the Police
37: Oath to be taken
1: Every constable I, A.B., do swear that I will well and truly serve our Sovereign Lady the Queen in the Police, without favour or affection, malice or ill-will, until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved; that I will prevent to the best of my power all offences against the peace; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me God.
2: Every person who has taken and subscribed the oath as aforesaid shall be taken to have thereby entered into a written agreement with, and shall be bound to serve Her Majesty as a member of the Police, in whatsoever capacity he may, in accordance with the provisions of this Act, be required to serve, and at the current rate of pay of any rank to which he may be appointed or reduced, until legally discharged; and that agreement shall not be set aside, cancelled, or annulled for want of reciprocity; but every such agreement shall be determined by the resignation, discharge, retirement, dismissal, or other removal from office of any such person. 1947 No 13 s 9 Subsection (1) amended 7 April 1988 Police Amendment Act 1988 by substituting the word constable Member of the Police
38: Execution of processes
1: Every non-commissioned officer and constable shall obey and execute all the lawful summonses, warrants, orders, and directions of any District Court Judge , Justice, or Community Magistrate District Court
2: Any warrant, order, or other process of any Court or of any Judge, District Court Judge , Justice, or Community Magistrate
3: Where a process has been issued for the arrest of any person and has not been executed, any member of the Police in uniform or any other member on production of his identification or warrant card or other evidence that he is a member of the Police may, without having the process in his possession, arrest the person in respect of whom the process is issued. 1947 No 13 ss 36(1), 37 Subsections (1) (2) amended 30 June 1998 7 District Courts Amendment Act 1998 by substituting the words , Justice, or Community Magistrate or Justice The words District Court Judge District Court substituted Magistrate Magistrates' Court 1 April 1980 18(2) District Courts Amendment Act 1979
39: Protection of members for acts pursuant to process
1: Where any process has been issued out of any Court, or by any Judge, District Court Judge Justice, Community Magistrate,
2: On the production of any such process and on proof that it was issued out of a Court, or, as the case may be, that the signature thereto is in the handwriting of the person whose name appears subscribed thereto, and that person is reputed to be and acts as a Judge, District Court Judge Justice, Community Magistrate,
3: For the purposes of this section, the term process section 88 93 Summary Proceedings Act 1957 1947 No 13 s 38 The words District Court Judge substituted Magistrate 1 April 1980 18(2) District Courts Amendment Act 1979 Subsections (1) (2) amended 1 April 1996 Police Amendment Act 1995 by substituting the words Justice, or Registrar or Deputy Registrar of any Court or Justice See clause 2 Police Amendment Act Commencement Order 1996 Subsections (1) (2) amended 30 June 1998 7 District Courts Amendment Act 1998 by inserting the words Community Magistrate, Subsection (3) inserted 1 April 1996 Police Amendment Act 1995 See clause 2 Police Amendment Act Commencement Order 1996 Subsection (3) amended 9 October 2006 20(2) Summary Proceedings Amendment Act 2006 by substituting the words section 88 or section 93 section 88(1A) See section 41
40: Member may appear in Court by another member
In any proceedings in a District Court or before any other Commission, Inquiry, Board, or Tribunal The words District Court substituted Magistrates' Court 1 April 1980 18(2) District Courts Amendment Act 1979 Section 40 amended 14 December 1976 Police Amendment Act 1976 by inserting the words or before any other Commission, Inquiry, Board, or Tribunal
41: Evidence of right to hold office
If any question arises as to the right of any member of the Police to hold or execute his office, common reputation shall be evidence of that right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of that right. 1947 No 13 s 10
42: Pensions in respect of death or disablement
1: Subject to the provisions of this section, where the disablement or death of any member of the Police has occurred (whether before or after the commencement of this Act) and is attributable to, or aggravated or precipitated by War Pensions Act 1954 or aggravated or precipitated by
2: For the purposes of determining the appropriate rates of pension to be paid under this section, members of the Police may be graded in such manner as may be prescribed by regulations under this Act.
3: All applications for pensions and allowances under this section shall be made in writing to the Secretary for War Pensions who shall, as soon as practicable thereafter, submit the application for determination by a War Pensions Board established under the War Pensions Act 1954
4: In considering any application for the grant of a pension or allowance to any person under this section the Board shall take into consideration any amount paid by way of retiring allowance, compensation, damages, or compassionate allowance out of the Crown Bank Account
5: Nothing in this section shall apply in respect of service on or after the commencement of section 63 of the Accident Compensation Act 1972 1947 No 13 s 43A 1955 No 103 s 5 Subsection (1) amended 13 January 1981 Police Amendment Act 1980 by inserting the words or aggravated or precipitated by Subsection (4) amended 1 July 1989 83(7) Public Finance Act 1989 by substituting the words the Crown Bank Account the Public Account Subsection (5) inserted 14 November 1973 War Pensions Amendment Act 1973
43: Injuries in execution of duty
Any injuries suffered by a member of the Police—
a: While on duty or while on a direct journey from his home to report for duty or to his home after duty; or
b: While not on duty in the performance of some act which is within the scope of his ordinary duties; or
c: In consequence of some act performed in the execution of his duty,— shall be deemed to have arisen out of and in the course of his employment.
44: On termination of office, powers to cease
1: When a member of the Police ceases to hold and exercise his office, all powers and authorities vested in him as a member of the Police shall immediately cease.
2: For the purposes of this section, a member of the Police shall be deemed to have ceased to hold and exercise his office during any period when he is on leave if, at the expiration of that leave, he will not return to duty in the Police. 1947 No 13 s 13 Promotion Board and Appeal Board
45: Promotion Board
Section 45 repealed 19 December 1989 Police Amendment Act 1989
46: Appeal Board
Section 45 repealed 19 December 1989 Police Amendment Act 1989
47: Nominated members of Appeal Board
Section 47 repealed 19 December 1989 Police Amendment Act 1989
48: Procedure of Appeal Board
Section 48 repealed 19 December 1989 Police Amendment Act 1989 Police dogs The heading Police dogs inserted 1 July 1996 Police Amendment Act 1996
44A: Police dogs may accompany police dog handlers
Notwithstanding any other Act or law,—
a: A police dog under the control of a police dog handler may enter and be on any place that the police dog handler may lawfully in the course of police duties enter or be upon:
b: The Commissioner and a police dog handler in charge of a police dog shall not be liable in any way by reason only of a police dog having entered or having been on any place in accordance with paragraph (a) Police Dogs Act 1984 s 4 (Queensland) Sections 44A to 44E inserted 1 July 1996 Police Amendment Act 1996
44B: Obstruction of police dog constitutes obstruction of police dog handler
A person who—
a: Obstructs or hinders; or
b: Aids or incites another to obstruct or hinder,— a police dog working under the control of a police dog handler while that police dog handler is performing his or her duties as a member of the Police obstructs or, as the case may be, hinders that member. Police Dogs Act 1984, s 6 (Queensland) Sections 44A to 44E inserted 1 July 1996 Police Amendment Act 1996
44C: Killing or injuring police dogs
1: Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 or to both who kills, maims, wounds, or otherwise injures a police dog without lawful excuse.
2: On the conviction of any person of an offence against this section, the Court may, in addition to any penalty imposed, order that person to pay to the Commissioner a reasonable sum for—
a: The treatment, care, rehabilitation, and retraining of the police dog; and
b: Where it is necessary to replace the police dog, the acquisition and training of its replacement. Police Dogs Act 1984, s 7 (Queensland) Sections 44A to 44E inserted 1 July 1996 Police Amendment Act 1996
44D: Evidentiary provisions
In any proceedings, a certificate purporting to be signed by the Commissioner or the officer in charge of the New Zealand Police Dog Training School and certifying that, at a specified time or during a specified period,—
a: A dog identified in that certificate was a police dog; or
b: A person named in that certificate was a police dog handler,— shall be sufficient evidence, until the contrary is proved, of the matters so certified. Police Dogs Act 1984, s 8 (Queensland) Sections 44A to 44E inserted 1 July 1996 Police Amendment Act 1996
44E: Power to require name and address
1: A member of the Police who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against section 44C
a: His or her name and address; and
b: His or her date of birth.
2: If the member of the Police has reasonable ground to suppose that any particulars that a person has been required to supply under subsection (1)
3: If any person, without reasonable excuse, refuses, or fails to supply any particulars or evidence when required to do so by any member of the Police under this section, and persists in that refusal or failure after being cautioned by the member of the Police, that person may be arrested, without warrant, by the member of the Police.
4: Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who, having been required by any member of the Police to supply any particulars or evidence under this section, without reasonable excuse,—
a: Refuses or fails to supply the particulars or evidence; or
b: Supplies any particulars or evidence knowing that the particulars or evidence are false in a material respect. Police Dogs Act 1984, s 10 (Queensland) Sections 44A to 44E inserted 1 July 1996 Police Amendment Act 1996 Offences
49: Gaining admission to Police by false representations
Every person who by any false or forged certificates or any false representations, obtains admission or readmission into the Police commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200 1947 No 13 s 31
50: Member failing to return property
Subsection (1) substituted 20 October 1972 Police Amendment Act 1972 Subsection (2) amended 30 June 1998 7 District Courts Amendment Act 1998 by inserting the words or Community Magistrate Section 50 repealed 22 October 2003 5 Police Amendment Act 2003
51: Personation of member
1: Every person who, not being a member of the Police, by words, conduct, or demeanour pretends that he is a member, or puts on or assumes the dress, name, designation, or description of a member of the Police, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200
2: Any member of the Police may arrest without warrant any person who he has reasonable cause to believe is committing or has committed an offence against this section. 1947 No 13 s 29
51A: Unauthorised use of Police uniforms, etc
1: Every person, other than a member of the Police, commits an offence who uses—
a: Any uniform, or item of uniform, or any other article, to which this section applies; or
b: Any uniform, or item of uniform, or any other article, that closely resembles any uniform, or item of uniform, or other article to which this section applies— in circumstances likely to lead any person to believe that the user is a member of the Police.
2: Every person commits an offence who uses—
a: Any uniform, or item of uniform, or any other article, to which this section applies; or
b: Any uniform, or item of uniform, or any other article, that closely resembles any uniform, or item of uniform, or other article to which this section applies,— without the prior approval of the Commissioner.
3: No approval given under subsection (2)
4: This section applies to—
a: Any uniform worn by any members of the Police:
b: Any item of any such uniform:
c: Any crest, badge, emblem, design, logogram, or other distinguishing article used, worn, or carried by any member or employee of the Police while on duty and described in regulations made under this Act.
5: Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $500, and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.
6: In any proceedings for an offence against this section, a certificate by the Commissioner to the effect that—
a: Any uniform or any item of uniform is worn by any member of the Police; or
b: Any crest, badge, emblem, design, logogram, or other distinguishing article is used, worn, or carried by any member or employee of the Police while on duty— shall, in the absence of proof to the contrary, be sufficient evidence of the matters stated in the certificate.
7: Nothing in this section shall apply, at any time before the 1st day of June 1986, to the wearing of any uniform or item of uniform by any person, or by any employee of any person, if that uniform or item of uniform was being worn by that person or by any employee of that person in connection with any business, trade, or occupation at the commencement of this section. Section 51A inserted 13 January 1984 Police Amendment Act 1983
52: Unlawful possession of Police property
Every person who, not being a member of the Police, has in his possession anything whatsoever supplied or to be supplied to a member of the Police, and is not able to account satisfactorily for his possession thereof commits an offence and shall be liable on summary conviction to a fine not exceeding $100 1947 No 13 s 28
53: Failing to help member of police
1: A member of the police in the lawful execution of his or her duty may ask any person who is 18 years old or older to help the member of the police do either or both of the following:
a: apprehend or secure any person:
b: convey any person in the charge of the member of the police to a police station or other place.
2: The member of the police may ask the person for help of that kind only if it is, in the circumstances, a reasonable necessity.
3: Every person who, when so asked, fails to give help of that kind to any member of the police commits an offence and is liable on summary conviction to a fine not exceeding $500.
4: However, a failure of that kind before the commencement of the Human Rights Amendment Act 2001 subsection (3) Section 53 substituted 1 January 2002 64 Human Rights Amendment Act 2001
54: Unlawful dealings with prisoners
1: Every person who holds or attempts to hold any communication with any prisoner in the custody or charge of any member of the Police, or who delivers or in any manner attempts to deliver or causes to be delivered to any such prisoner any article or thing whatsoever without the permission of that member of the Police or some responsible member of the Police in charge of that member, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400
2: Any member of the Police may arrest without warrant any person who he has reasonable cause to believe is committing or has committed an offence against this section. 1947 No 13 s 34
55: Bribing members of the Police
Every person who, not being a member of the Police,—
a: Gives or offers or promises to give any member of the Police any bribe, pecuniary or otherwise, or makes any agreement with any member of the Police to induce him in any way to forego his duty; or
b: Requests or incites or induces any member of the Police, or the members of the Police generally, or any section thereof, to act in any manner contrary to duty; or
c: Connives at any act whereby any regulation or instruction in relation to the Police may be evaded,— commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 2 years. 1947 No 13 s 30 Miscellaneous
55A: Delegation of powers by Commissioner
1: The Commissioner may from time to time, by writing under his or her hand, either generally or particularly,—
a: Delegate to any Assistant Commissioner or Superintendent
b: Delegate to such other member or members of the Police as he or she thinks fit all or any of the Commissioner's powers, authorities, duties, and functions under this Act, the Corrections Act 2004
1A: Notwithstanding subsection (1) section 6(2)
1B: In any case where the Commissioner has, pursuant to subsection (1)
2: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
3:
4: Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner of Police.
5: Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner of Police by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Commissioner.
6: The revocation of any such delegation shall not affect in any way anything done under the delegated authority. Section 55A inserted 14 December 1976 Police Amendment Act 1976 Subsection (1) substituted 1 July 1992 4 Police Amendment Act (No 2) 1992 Subsection (1)(a) amended 15 November 2000 3 Police Amendment Act 2000 by inserting the words or Superintendent Assistant Commissioner Subsection (1)(b) amended 1 June 2005 206 Corrections Act 2004 by substituting the words under this Act, the Corrections Act 2004, or any regulations made under either of those Acts under this Act or any regulations made under this Act See clause 2 Corrections Act Commencement Order 2005 Subsections (1A) (1B) inserted 19 December 1989 Police Amendment Act 1989 Subsection (3) amended 19 December 1989 Police Amendment Act 1989 by omitting the words Subject to subsection (1) of this section
56: Committees of Inquiry
1: The Minister may from time to time appoint a Committee of Inquiry, consisting of a District Court Judge and one or more members of the Police, for the purpose of investigating and reporting to the Commissioner on any matter connected with the Police, but any such Committee shall not investigate any matter that may be determined by a Court under Part 4
2: Subsections (4) to (8)
3: Subject to this section, such a Committee of Inquiry may regulate its procedure in such manner as it sees fit. Subsection (1) amended 19 October 1965 Police Amendment Act 1965 by substituting the words but any such Committee shall not investigate any matter in respect of which a principal order may be made by the Police Staff Tribunal under Part 4 of this Act and, without limiting the general application of this subsection, any such Committee may be appointed to investgate as to promotion, pay, and conditions of service in the Police Section 56 substituted 1 July 1992 5(1) Police Amendment Act (No 2) 1992
57: Particulars for identification of person in custody
1: If any person is in lawful custody on a charge of having committed an offence, a member of the Police may, and if directed by any of his superiors shall, take or cause to be taken any particulars of that person, including his photograph, fingerprints, palm-prints, and footprints, and may use or cause to be used such reasonable force as may be necessary to secure these particulars.
1A: Notwithstanding anything in subsection (1)
2: Any person who, after being cautioned, fails to comply with any demand or direction of a member of the Police acting in the exercise of his powers under this section commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding $40
3: If the person in respect of whom particulars have been taken under this section is acquitted, the particulars shall be forthwith destroyed: Provided that this subsection shall not apply if the person is acquitted on account of his insanity or is discharged under section 106 Sentencing Act 2002 or section 347 Crimes Act 1961
4: 1947 No 13 s 40 Subsections (1) (1A) substituted 20 October 1972 Police Amendment Act 1972 Subsection (3) amended 1 January 1962 411(1) Crimes Act 1961 by inserting the words or section 347 of the Crimes Act 1961 Subsection (3) amended 1 October 1985 150(1) Criminal Justice Act 1985 by substituting the words section 19 of the Criminal Justice Act 1985 section 42 of the Criminal Justice Act 1954 Subsection (3) amended 30 June 2002 186 Sentencing Act 2002 by substituting the words section 106 of the Sentencing Act 2002 section 19 of the Criminal Justice Act 1985 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002 Subsection (4) inserted 7 April 1988 Police Amendment Act 1988 Subsection (4) repealed 1 July 1992 6(1) Police Amendment Act (No 2) 1992
57A: General search of person in custody
1: Subject to subsection (4) , or any searcher employed for the purpose under section 57B
2: Subject to subsection (3) section 58 section 404 Crimes Act 1961 subsection (1)
a: Any money or property that may be required to be given in evidence in any proceeding arising out of any charge brought against the detainee:
b: Any money or property the possession of which by the detainee constitutes an offence.
3: Where the detainee is released from policy custody and taken into custody in any prison subsection (1) paragraph (a) (b) manager prison
4: No search shall be conducted under this section unless the detainee is at a police station, or in any other premises, or in any vehicle, being used for the time being for Police purposes.
5: Nothing in this section shall limit or affect the right at common law of a constable to search any person upon that person's arrest.
6: Section 57A inserted 12 December 1979 Police Amendment Act 1979 Subsection (1) amended 22 October 1981 Police Amendment Act 1981 by inserting the words , or any other person employed for the purpose pursuant to regulations made under this Act Subsection (1) amended 3 June 1998 3 Police Amendment Act 1998 by substituting the words or any searcher employed for the purpose under section 57B or any other person employed for the purpose pursuant to regulations made under this Act Subsection (2) amended 1 October 1985 150(1) Criminal Justice Act 1985 by substituting the expression 404 403 Subsection (3) amended 1 June 2005 206 Corrections Act 2004 by substituting the word prison penal institution See clause 2 Corrections Act Commencement Order 2005 Subsection (3) amended 1 June 2005 206 Corrections Act 2004 by substituting the word manager Superintendent See clause 2 Corrections Act Commencement Order 2005 Subsection (6) inserted 7 April 1988 Police Amendment Act 1988 Subsection (6) repealed 1 July 1992 7(1) Police Amendment Act (No 2) 1992
57B: Searchers
1: If subsection (2) section 57A
2: A searcher may be employed to conduct a search under section 57A
a: By someone of the same gender as the person being searched; or
b: Within a reasonable time of that person being taken into custody.
3: A searcher employed under subsection (1) section 57A section 30
4: The member in charge of the place or vehicle must be satisfied that a searcher employed under this section has received appropriate training before that searcher conducts a search under section 57A Section 57B inserted 3 June 1998 4 Police Amendment Act 1998
58: District Court Judge may determine title to property
1: Where a member of the Police is in possession of any property of any kind other than property distrained under the warrant of a Justice or Community Magistrate District Court Judge District Court Judge
2: Any application under this section shall be made by originating application to a District Court
3: If after the making of any such order an action is commenced against any member of the Police or the Crown for the recovery of the property or the value thereof, the order and the delivery of the property in pursuance thereof may be given and shall be received in evidence in bar of the action: Provided that no such order or delivery shall affect the right of any persons entitled by law to possession of the property to recover the same. 1947 No 13 s 41 The words District Court Judge District Court substituted Magistrate Magistrates' Court 1 April 1980 18(2) District Courts Amendment Act 1979 Subsection (1) amended 30 June 1998 7 District Courts Amendment Act 1998 by inserting the words or Community Magistrate
59: Unclaimed property
1: Any goods and chattels which have come into the possession of any member of the Police and which are unclaimed after being held for not less than 3 months, shall, by the direction of the Commissioner, be sold by public auction, a notice of the sale having been previously published 3 times in some newspaper circulating in the district in which the sale is to be held: Provided that perishable goods may be sold at any time and in such manner as the District Commander
2: The proceeds of every sale must be paid into the Crown Bank Account, after deducting the costs incurred in—
a: Advertising and conducting the sale; and
b: Storing, transporting, testing, or otherwise preparing the goods and chattels for sale.
3: The Commissioner may, if he thinks fit, appoint any person, not being the holder of a licence under the Auctioneers Act 1928
4: Any money that has come into the possession of a member of the Police in the course of duty, and is unclaimed, must be paid into the Crown Bank Account. 1947 No 13 s 42 Subsection (1) amended 13 February 1959 Police Regulations 1959 by substituting the words District Commander the officer in charge of a district The original subsection (2) amended 1 April 1964 Public Revenues Amendment Act 1963 by substituting the words Consolidated Revenue Account Consolidated Fund The original subsection (2) amended 1 April 1978 by substituting the words Consolidated Account Consolidated Revenue Account The original subsection (2) amended 1 July 1989 83(7) Public Finance Act 1989 by substituting the words the Crown Bank Account Consolidated Account Subsection (2) substituted 3 June 1998 5(1) Police Amendment Act 1998 Subsection (4) inserted 3 June 1998 5(2) Police Amendment Act 1998
60: Limitation of actions
Section 60 repealed 7 April 1988 Police Amendment Act 1988
61: Publication of Police Gazette
The Commissioner may The reference to $100 substituted 10 July 1967 £50 7(1) Decimal Currency Act 1964 Section 61 substituted 61A inserted 11 October 1978 Police Amendment Act 1978 Section 61 amended 3 June 1998 6 Police Amendment Act 1998 by substituting the word may shall
61A: Confidentiality of Police Gazette and other documents protected
1: The following publications and documents, namely,—
a: The Police Gazette; and
b: Every other Police Notice or Police Circular or other document of a like nature that—
i: Contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and
ii: Is published by any member of the Police; and
iii: Is intended by that member for circulation only to members of the Police; and
c: Every copy of any such document,— are hereby declared to be confidential Police documents, and shall not be disclosed pursuant to the Official Information Act 1982
2: Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $500 who, without lawful authority or reasonable excuse (the proof whereof shall be on the person charged), has in his possession any document declared by subsection (1)
3:
4: No civil or criminal proceedings shall be taken in respect of anything contained in any document declared by subsection (1) Section 61 substituted 61A inserted 11 October 1978 Police Amendment Act 1978 Subsection (1) substituted 19 December 1989 Police Amendment Act 1989 Subsection (3) repealed Police Amendment Act 1989
62: Proceedings not to be quashed for want of form
No charge, conviction, order, inquiry, recommendation, appeal, determination, decision, or other act or proceeding under this Act shall be quashed or set aside or be deemed void or insufficient for want of form only, or, except upon the ground of lack of jurisdiction, be removed or removable by certiorari or other writ or process whatsoever into the High Court 1947 No 13 s 45 The words High Court substituted Supreme Court 1 April 1980 12 Judicature Amendment Act 1979
63: Fines
1: All fines recovered under this Act shall be paid into the Crown Bank Account
2: The amount of any fine or other sum ordered to be paid by a member of the Police, pursuant to this Act, may be deducted from any money due or thereafter becoming due from the Crown to that member by way of salary or otherwise. 1947 No 13 s 46 Subsection (1) amended 1 April 1964 Public Revenues Amendment Act 1963 by substituting the words Consolidated Revenue Account Consolidated Fund Subsection (1) amended 1 April 1978 by substituting the words Consolidated Account Consolidated Revenue Account Subsection (1) amended 1 July 1989 83(7) Public Finance Act 1989 by substituting the words the Crown Bank Account Consolidated Account
64: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:
a: Providing for the government, maintenance, duties, discipline, and control of the Police and for the transfer of members of the Police to any other duty or position whether in the same district or not:
b: Prescribing the ranks of sworn or non-sworn members of the Police:
c:
d: Regulating generally the promotion of members of the Police, and prescribing the factors to be considered in relation to any promotion:
e:
f:
fa: Requiring members of the Police to undergo medical, physical, and psychological examinations, tests, and assessments, whether periodically or in any particular circumstances, designed to determine whether or not they are able to perform competently the duties of their rank, and any other duties that they may reasonably be called upon to perform from time to time:
g: Prescribing such matters relating to the superannuation of members of the Police as may be considered necessary:
h: Prescribing the procedure at and regulating the conduct of (including matters preliminary or incidental thereto)
ha: Prescribing conciliation procedures in respect of complaints lodged about members of the Police, and the circumstances in which such procedures may or are to be followed:
i: Providing for the determination of the amount of rent to be paid by any member of the Police who is permitted to use for the purpose of residence or granted a tenancy of any premises or any part of any premises belonging to the Government, and for the deduction of the amount payable in respect of that use or tenancy from any money due or at any time becoming due from the Crown whether in salary or otherwise.
3: Any regulations made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date on which they are made), and if no such date is specified shall come into force on the date of the making thereof.
4: 1947 No 13 s 14 1952 No 14 s 2(1) Subsection (2)(b) substituted 1 July 1992 8(1) Police Amendment Act (No 2) 1992 Subsection (2)(c) repealed 1 July 1992 8(1) Police Amendment Act (No 2) 1992 Subsection (2)(e) repealed 19 October 1965 Police Amendment Act 1965 Subsection (2)(f) repealed 19 December 1989 Police Amendment Act 1989 Subsection (2)(fa) inserted 1 May 1985 Police Amendment Act 1985 Subsection (2)(h) amended 14 December 1976 Police Amendment Act 1976 by inserting the words (including matters preliminary or incidental thereto) Subsection (2)(h) amended 1 July 1992 8(2) Police Amendment Act (No 2) 1992 by omitting the words of appeals and Subsection (2)(ha) inserted 7 April 1988 Police Amendment Act 1988 Subsection (4) repealed 19 December 1989 11 Regulations (Disallowance) Act 1989
65: Annual report
1: As soon as practicable after the end of each financial year, the Commissioner must, in accordance with section 43 Public Finance Act 1989
a: the operations of the police for that financial year; and
b: any other matters that the Commissioner considers to affect the operations of the police.
2:
3: The Commissioner shall include in every annual report prepared by him for the purposes of this section the number of occasions on which, during the period under review, the Police used an interception device section 216B(3) Crimes Act 1961
4: The Commissioner shall include in every annual report prepared by him or her for the purposes of this section—
a: The number of road blocks authorised pursuant to section 317B Crimes Act 1961
b: The reason for each authorisation; and
c: The number of persons (if any) arrested as a result of the authorisation. Subsection (1) substituted 25 January 2005 37(1) Public Finance Amendment Act 2004 Subsection (2) repealed 25 January 2005 37(1) Public Finance Amendment Act 2004 Subsection (3) inserted 6 August 1979 Crimes Amendment Act 1979 Subsection (3) amended 1 October 2003 35 Crimes Amendment Act 2003 by substituting the words an interception device a listening device Subsection (4) inserted 1 September 1993 Crimes Amendment Act 1993
66: Repeals and savings
1: The enactments specified in Schedule 2
2: Without limiting the provisions of the Acts Interpretation Act 1924
3: Without limiting the provisions of the Acts Interpretation Act 1924 section 8 of the Police Force Amendment Act 1955 section 8
4: Any reference in any enactment, or in any instrument, notice, or other document whatsoever to the Police Force or the Force shall be deemed to be a reference to the Police, and any such reference to a member of the Police Force or a member of the Force shall be deemed to be a reference to a member of the Police.
5: Any reference in any enactment, other than this Act, or in any instrument, notice or other document whatsoever to a Superintendent of Police, or an Inspector of Police, or a Sub-Inspector of Police shall be deemed to be a reference to a commissioned officer of Police, unless the context otherwise requires.
4: Remuneration and conditions of employment
Part 4 substituted 19 December 1989 Police Amendment Act 1989 Sworn members of the Police
66A: Determinations as to salary, allowances, and expenses
Section 66A inserted 22 October 1969 2(2) police Amendment Act 1969 Section 66A substituted 11 October 1978 Police Amendment Act 1978 Subsection (1) substituted (1A) inserted 1 August 1987 Police Amendment Act 1987 The proviso to subsection (4) was repealed 1 April 1988 Police Amendment Act (No 2) 1988 Section 66A repealed 19 December 1989 Police Amendment Act 1989
66B: Steps to be taken before issue of a determination
Subsection (6) inserted 11 October 1978 Police Amendment Act 1978 Section 66B repealed 19 December 1989 Police Amendment Act 1989
66C: Application for review of remuneration or conditions of employment
Subsection (1) amended 11 October 1978 Police Amendment Act 1978 by substituting the words 6 months 10 months takes effect comes into force Section 66C repealed 19 December 1989 Police Amendment Act 1989
66D: Amending determinations
Subsection (1)(d) substituted 11 October 1978 Police Amendment Act 1978 Subsection (1)(d) repealed 1 April 1988 Police Amendment Act (No 2) 1988 Subsection (1)(e) repealed 11 October 1978 Police Amendment Act 1978 Subsection (2) amended 11 October 1978 Police Amendment Act 1978 by omitting the words paragraph (a), paragraph (b), paragraph (c), or paragraph (e) Section 66D repealed 19 December 1989 Police Amendment Act 1989
66E: Consolidating determinations
Section 66E repealed 19 December 1989 Police Amendment Act 1989
66F: Criteria
Subsection (2) amended 11 October 1978 Police Amendment Act 1978 by substituting the words State Services Conditions of Employment Act 1977 State Services Remuneration and Conditions of Employment Act 1969 Subsection (3) amended 11 October 1978 Police Amendment Act 1978 by substituting the words general review of remuneration conducted under section 31 of the State Services Conditions of Employment Act 1977 half yearly survey conducted by the Department of Labour Section 66F substituted 1 April 1988 Police Amendment Act (No 2) 1988 Section 66F repealed 19 December 1989 Police Amendment Act 1989
66G: Jurisdiction to prescribe salaries
Section 66G inserted 22 October 1969 2(2) Police Amendment Act 1969 Section 66G amended 22 October 1969 Police Amendment Act 1972 inserting subsections (3) and (4) Section 66G substituted 11 October 1978 Police Amendment Act 1978 Section 66G repealed 1 April 1988 Police Amendment Act (No 2) 1988
66H: Determinations as to salary, allowances, and expenses
Section 66H inserted 22 October 1969 Police Amendment Act 1972 repealed 11 October 1978 Police Amendment Act 1978
67: Conditions of employment of sworn members of the Police
1: Except as otherwise provided in this Act or in any agreement under this section, the conditions of employment of sworn members of the Police shall be fixed in accordance with this section.
2: The conditions of employment to which this section applies for any group or class of sworn members of the Police shall be contained in a single agreement
3: The conditions of employment that may be fixed under this section for any group or class of sworn members of the Police shall be—
a: The remuneration of such members of the Police:
b: The terms and conditions upon which relieving, travelling, lodging, meal and other allowances and expenses including clothing allowances and allowances payable in respect of work warranting payment, may be granted:
c: The rates of any such allowances or expenses:
d: Such other conditions of employment as may be agreed to by the Commissioner and the appropriate service organisation.
4: Every agreement under this section shall include only such conditions of employment as may be agreed by negotiation between the Commissioner and the appropriate service organisation and, before entering into any such negotiations, the Commissioner shall consult with the State Services Commission over the conditions of employment to be negotiated. The Commission may at any time, either before or during the negotiations, indicate to the Commissioner that it wishes to participate with the Commissioner in the negotiation or continued negotiation of the conditions of employment of sworn members of the Police, and the Commissioner shall allow the Commission to so participate in the negotiations.
5: Once a condition of employment has been included in an agreement under subsection (3)
6: Where the Commissioner and the service organisation are unable to reach a voluntary settlement of any claim made by one party upon the other for an agreement under this section then the procedures prescribed in Schedule 3
7: Notwithstanding anything in this section or section 67A 1978 No 32 s 8(1) 1987 No 125 s 3 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Subsection (2)(a) substituted 22 October 1969 3(1) Police Amendment Act 1969 Subsections (2) (2A) substituted 11 October 1978 Police Amendment Act 1978 Subsection (3) amended 22 October 1969 3(2) Police Amendment Act 1969 by substituting the words a term not exceeding 3 years a term of three years Subsection (3) amended 11 October 1978 Police Amendment Act 1978 by substituting the words the person to be appointed as a member of the Tribunal pursuant to subsection (2)(c) of this section every member of the Tribunal Subsection (4) amended 11 October 1978 Police Amendment Act 1978 by substituting the words the member of the Tribunal appointed pursuant to subsection (2)(c) of this section any member of the Tribunal Subsection (5) amended 11 October 1978 Police Amendment Act 1978 by substituting the words the member of the Tribunal appointed pursuant to subsection (2)(c) of this section every member of the Tribunal Part 4 substituted 19 December 1989 Police Amendment Act 1989 Subsection (2) amended 15 May 1991 Police Amendment Act 1991 by omitting the words registered with the Arbitration Commission Subsection (6) amended 2 October 2000 240 Employment Relations Act 2000 by substituting the expression Schedule 3 Schedule 3 to this Act Subsection (7) inserted 1 July 1992 Police Amendment Act 1992 Subsection (7) amended 1 January 2002 62(2) Human Rights Amendment Act 2001 by omitting the words (as defined in section 27(9) of this Act)
67A: Individual employment agreements
1: Subject to subsection (2) section 67
2: Where there is an applicable agreement under section 67 section 67 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 67A inserted 15 May 1991 Police Amendment Act 1991 Section 67A substituted 2 October 2000 240 Employment Relations Act 2000
68: Effect of agreement
Every agreement under section 67 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Subsection (1) amended 22 October 1969 4(a) 4(b) Police Amendment Act 1969 by substituting the words any member of the Tribunal other than the Chairman the Chairman or any other member of the Tribunal Chairman or other Subsection (2) amended 22 October 1969 4(b) 4(c) Police Amendment Act 1969 by omitting the words Chairman or other as the case may be Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 68 substituted 15 May 1991 Police Amendment Act 1991
68A: Assessors
Section 68A inserted 11 October 1978 Police Amendment Act 1978 repealed 19 December 1989 Police Amendment Act 1989
69: Content and currency of agreement
1: Every agreement under section 67
2: Every such agreement shall state the date on which it expires and shall remain in force only until the close of its expiry date.
3: Where the applicable agreement expires, each sworn member of the Police who continues in the employ of the Commissioner shall, unless the sworn member and Commissioner otherwise agree, be bound by an individual employment agreement Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 69 substituted 15 May 1991 Police Amendment Act 1991 Subsection (3) amended 2 October 2000 240 Employment Relations Act 2000 by substituting the word agreement contract New matters
70: Variation of agreement
1: The parties to any agreement made under section 67
2: Section 67(6) Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 70 substituted 15 May 1991 Police Amendment Act 1991
71: Application to Labour Court
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Section 71 substituted 22 October 1969 5 Police Amendment Act 1969 Subsection (2) substituted 1 April 1988 Police Amendment Act (No 2) 1988 Subsection (2A) inserted 20 October 1972 Police Amendment Act 1972 Subsection (2A) amended 11 October 1978 Police Amendment Act 1978 the maximum salary that the Commissioner may by determination prescribe be amended to increase that maximum a rate of remuneration for any employees in the Police be amended to increase the prescribed rate received by those employees Subsection (2B) inserted 11 October 1978 Police Amendment Act 1978 Section 71 substituted 19 December 1989 Police Amendment Act 1989 Section 71 repealed 15 May 1991 Police Amendment Act 1991
72: Decision of Labour Court
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Subsection 72(b) (c) substituted 13 December 1968 Police Amendment Act 1968 Section 72 substituted 22 October 1969 6 Police Amendment Act 1969 Section 72 substituted 19 December 1989 Police Amendment Act 1989 Section 72 repealed 15 May 1991 Police Amendment Act 1991
73: Negotiations for agreement
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Sections 73-77 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 A new section 73 Method of Negotiating New Matters inserted 19 December 1989 Police Amendment Act 1989 Section 73 Method of Negotiating New Matters repealed 15 May 1991 Police Amendment Act 1991
74: Registration of agreements arising out of new matters
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Sections 73-77 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 Section 74 inserted 19 December 1989 Police Amendment Act 1989 Section 74 repealed 15 May 1991 Police Amendment Act 1991 Non-sworn members of the Police
75: Conditions of employment of non-sworn members of the Police
1: Part 6 State Sector Act 1988
2: For the purposes of the application of the State Sector Act 1988
3: Before entering into any negotiation under Part 6 State Sector Act 1988 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Sections 73-77 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 Section 75 inserted 19 December 1989 Police Amendment Act 1989 Senior positions Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989
76: Senior positions may be excluded from agreement
1: The Commissioner may from time to time designate senior positions held by members of the Police as not being covered by any agreement negotiated under section 67 75
2: The number of positions for the time being designated under subsection (1)
3: The number of 20 may be altered from time to time by agreement between the Commissioner and the appropriate service organisation or union.
4: The Commissioner shall in respect of any position designated under subsection (1)
5: The Commissioner in making an appointment to a position designated under subsection (1)
6: Notwithstanding the provisions of subsections (4) (5) subsection (1) Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Sections 73-77 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 Section 76 inserted 19 December 1989 Police Amendment Act 1989
77: Conditions of employment for senior staff
1: Except where the specific conditions of employment are provided in this Act, the conditions of employment of every person appointed to a position to which section 76
2: Every person appointed to a position to which section 76
3: Every person who holds a position to which section 76
4: The provisions determined, either generally or particularly, under subsection (1) Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Sections 73-77 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 Section 77 inserted 19 December 1989 Police Amendment Act 1989
78: Application of
Labour Relations Act 1987 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 78 repealed 15 May 1991 Police Amendment Act 1991
79: Conditions where person not reappointed
1: Where a member of the Police who has been appointed to a position to which section 76
a: Place the member, under the employment of the Commissioner, on such duties as the Commissioner determines from time to time to be appropriate, in which case the Commissioner shall determine with the member concerned the conditions of employment that are to apply to that member during the period of employment under this paragraph; or
b: Terminate the member's employment in accordance with the provisions of that member's contract.
2: No person who is assigned duties under subsection (1)(a) section 77
3: The Commissioner shall determine from time to time the period for which a person is employed under subsection (1)(a)
4: Employment of a member under subsection (1)(a)
a: Is appointed to another position in the Police; or
b: Dies or resigns or otherwise ceases to be a member of the Police.
5: Subject to the provisions of any particular contract, nothing in this Act shall prevent a person employed under section 76 77 section 76 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Section 79 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 Section 79 inserted 19 December 1989 Police Amendment Act 1989 Subsection (5) amended 15 May 1991 Police Amendment Act 1991 by substituting the words section 76 or section 77 sections 76 to 78 Strikes and lockouts involving sworn members of the Police
80: Unlawful strikes and lockouts
1: A strike or lockout, as defined in section 81 82
2: Where such a strike occurs or is threatened, the Commissioner may apply to the Employment
3: Where such a lockout occurs or is threatened, the appropriate service organisation may apply to the Employment
4: The Employment
5: Clause 21 Employment Relations Act 2000 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 80 amended 15 May 1991 Police Amendment Act 1991 by substituting the word Employment Labour Subsection (5) substituted 15 May 1991 Police Amendment Act 1991 Subsection (5) substituted 2 October 2000 240 Employment Relations Act 2000
81: Definition of strike
For the purposes of section 80 strike
a: In discontinuing the performance of their duties, whether wholly or partially, or in reducing the normal performance of their duties; or
b: In breaking their conditions of employment; or
c: In refusing or failing after any such discontinuance to resume or return to their duties; or
d: In refusing or failing to accept engagement for any work in which they are usually employed; or
e: In reducing their normal output or their normal rate of work— the said act being due to any combination, agreement, common understanding, or concerted action, whether express or implied, made or entered into by any sworn members of the Police; but does not include a service organisation meeting allowed under any Act or authorised by the Commissioner. Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989
82: Definition of Lockout
For the purposes of section 80 lockout
a: In closing any office of the Police; or
b: In discontinuing the employment of any normal duties of any sworn members of the Police, whether wholly or partially; or
c: In breaking some or all of the conditions of employment fixed in respect of any such members in an agreement registered under this Act; or
d: In refusing or failing to engage any such members for any work for which such members are usually employed— with a view to compelling any such members to accept conditions of employment or comply with any demands made by the Commissioner. Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Disputes Part 4 substituted 19 December 1989 Police Amendment Act 1989 Sections 83 to 85 substituted 86 repealed 15 May 1991 Police Amendment Act 1991 Sections 83 to 85 substituted 2 October 2000 240 Employment Relations Act 2000 Disputes in Relation to Sworn Members of the Police
83: Settlement of disputes
1: Where there is a dispute about the interpretation, application, or operation of any provision of any agreement that applies to sworn members of the Police,—
a: a person bound by the agreement or any party to the agreement may pursue that dispute in accordance with Part 10 Employment Relations Act 2000
b: the person or party pursuing the dispute must ensure that every service organisation that was involved in negotiations for the making or renewal of the agreement has notice of the existence of the dispute.
2: Where there is a dispute about the interpretation, application, or operation of any provision of any agreement made under section 77 Part 10 Employment Relations Act 2000 Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Sections 83 to 85 substituted 86 repealed 15 May 1991 Police Amendment Act 1991 Section 83 substituted 84 85 repealed 2 October 2000 240 Employment Relations Act 2000
84: Parties to dispute
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Subsection (2) amended 22 October 1969 8(3) 7(2) Police Amendment Act 1969 by substituting the words Subject to subsections (7) to (10) of section 66A of this Act Every by omitting the words but in the case of a principal order replacing an existing principal order (except as provided by sections 74 and 76 of this Act Subsections (4) (5) inserted 22 October 1969 7(1) Police Act 1969 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Sections 83 to 85 substituted 86 repealed 15 May 1991 Police Amendment Act 1991 Section 83 substituted 84 85 repealed 2 October 2000 240 Employment Relations Act 2000
85: Restriction on scope of procedure
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Section 85 repealed 22 October 1969 8(1)(a) Police Amendment Act 1969 A new section 85 inserted 19 December 1989 Police Amendment Act 1989 Sections 83 to 85 substituted 86 repealed 15 May 1991 Police Amendment Act 1991 Section 83 substituted 84 85 repealed 2 October 2000 240 Employment Relations Act 2000
86: Role of Labour Court
Sections 67-87 inserted 19 October 1965 Police Amendment Act 1965 Part 4 substituted 19 December 1989 Police Amendment Act 1989 Section 86 repealed 15 May 1991 Police Amendment Act 1991 Personal grievances in relation to sworn members of the Police
87: Personal grievances
1: Part 9 Employment Relations Act 2000
2: For the purposes of Part 9 Employment Relations Act 2000 subsection (1)
a: the Commissioner's principal reason for taking the action is to ensure that an operational requirement is met; and
b: any failure to perform the requirement would be likely to result in a breach of the oath of office prescribed by section 37 Section 87 inserted 19 December 1989 Police Amendment Act 1989 Subsections (1) (2) substituted (2A) (2B) (2C) inserted 15 May 1991 Police Amendment Act 1991 Subsection (3)(b) amended 15 May 1991 Police Amendment Act 1991 by substituting the words agreement or employment contract agreement as registered under this Act Section 87 substituted 2 October 2000 240 Employment Relations Act 2000
88: Discrimination
Section 88 inserted 19 December 1989 Police Amendment Act 1989 Subsection (3) amended 1 February 1994 145 Human Rights Act 1993 by substituting the words Human Rights Act 1993 Human Rights Commission Act 1977 Section 88 repealed 26 April 2005 7 Relationships (Statutory References) Act 2005
89: Sexual harassment
1: For the purposes of section 87(3)(d)
a: Makes a request of that member for sexual intercourse, sexual contact, or other form of sexual activity that contains—
i: An implied or overt promise of preferential treatment in that member's employment; or
ii: An implied or overt threat of detrimental treatment in that member's employment; or
iii: An implied or overt threat about the present or future employment status of that member; or
b: By—
i: The use of words (whether written or spoken) of a sexual nature; or
ii: Physical behaviour of a sexual nature,— subjects the member to behaviour that is unwelcome or offensive to that member (whether or not that is conveyed to the Commissioner or representative) and which is either repeated or of such a significant nature that it has a detrimental effect on that member's employment, job performance, or job satisfaction.
2: For the purposes of section 87(3)(d)
a: A request of the kind described in subsection (1)(a)
b: A member is subjected to behaviour of the kind described in subsection (1)(b) by a person (not being a representative of the Commissioner) who is a member of the Police or is in the employ of the Commissioner. Section 89 inserted 19 December 1989 Police Amendment Act 1989
90: Special provision where sexual harassment alleged
Where a personal grievance involves allegations of sexual harassment, no account shall be taken of any evidence of the member's sexual experience or reputation. Section 90 inserted 19 December 1989 Police Amendment Act 1989 Section 90 substituted 15 May 1991 Police Amendment Act 1991
91: Sexual harassment by other persons
1: Where—
a: A request of the kind described in section 89(1)(a)
b: A sworn member of the Police is subjected to behaviour of the kind described in section 89(1)(b) by a person (not being a representative of the Commissioner) who is in the employ of the Commissioner, the member may make a complaint in writing about that request or behaviour to the Commissioner or to a representative of the Commissioner.
2: The Commissioner or representative, on receiving a complaint under subsection (1)
a: Inquire into the facts; and
b: If satisfied that such a request was made or that such behaviour took place, take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
3: Where any person, being a person in relation to whom a member of the Police has made a complaint under subsection (1)
a: Either—
i: Makes to that member after the complaint a request of the kind described in section 89(1)(a)
ii: Subjects that member after the complaint to behaviour of the kind described in section 89(1)(b)
b: The Commissioner or a representative of the Commissioner has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,— that member shall be deemed for the purposes of this Act to have a personal grievance by virtue of having been sexually harassed in the course of the member's employment as if the request or behaviour were that of the Commissioner; and the procedure for the settlement of a personal grievance shall apply accordingly. Section 91 inserted 19 December 1989 Police Amendment Act 1989
92: Duress
For the purposes of section 87(3)(e)
a: Makes membership of a service organisation or of a particular service organisation a condition to be fulfilled if that member wishes to retain the member's employment; or
b: Makes non-membership of a service organisation or of a particular service organisation a condition to be fulfilled if that member wishes to retain that member's employment; or
c: Exerts undue influence on that member, or offers, or threatens to withhold, or does withhold, any monetary incentive or advantage to or from that member, or threatens to or does impose any monetary disadvantage on that member, with intent to induce that member—
i: To become or remain a member of a service organisation or a particular service organisation; or
ii: To cease to be a member of a service organisation or a particular service organisation; or
iii: Not to become a member of a service organisation or a particular service organisation; or
iv: To support a change in service organisation coverage; or
v: Not to support a change in service organisation coverage; or
vi: To participate in the formation of a new service organisation; or
vii: Not to participate in the formation of a new service organisation; or
viii: On account of the fact that that member is, or, as the case may be, is not, a member of a service organisation or a particular service organisation, to resign from or leave any employment. Section 92 inserted 19 December 1989 Police Amendment Act 1989
93: Statements privileged
Any statements made or information given in the course of submitting a personal grievance in accordance with the procedure set out in Schedule 5 Section 93 inserted 19 December 1989 Police Amendment Act 1989 Section 93 substituted 15 May 1991 Police Amendment Act 1991
94: Remedies
Section 94 inserted 19 December 1989 Police Amendment Act 1989 Section 94 substituted 15 May 1991 Police Amendment Act 1991 Section 94 repealed 2 October 2000 240 Employment Relations Act 2000
95: Choice of procedures
1: Where the circumstances giving rise to a personal grievance by a member are also such that that member would be entitled to make a complaint under the Human Rights Act 1993
a: The member may invoke, in relation to those circumstances, the procedures applicable in relation to personal grievances under this Act:
b: The member may make, in relation to those circumstances, a complaint under the Human Rights Act 1993
2: For the purposes of subsection (1)(b) Section 95 inserted 19 December 1989 Police Amendment Act 1989 Subsection (2) inserted 15 May 1991 Police Amendment Act 1991 Section 95 substituted 1 February 1994 145 Human Rights Act 1993 Subsection (2) substituted 1 January 2002 71 Human Rights Amendment Act 2001
96: Employment Relations Act 2000 and State Sector Act 1988 not to apply
1: Except as otherwise expressly provided in this Act, nothing in either the Employment Relations Act 2000 State Sector Act 1988
2: Subject to this Part,—
a: sections 139 140 Employment Relations Act 2000
b: if any person wishes to apply for review under Part 1 Judicature Amendment Act 1972 subsections (2) to (4) Employment Relations Act 2000
c: Part 11 Employment Relations Act 2000 Section 96 inserted 19 December 1989 Police Amendment Act 1989 Section 96 substituted 15 May 1991 Police Amendment Act 1991 Subsection (2)(b) amended 1 July 1992 9 Police Amendment Act 1992 by inserting the words of any power Section 96 substituted 2 October 2000 240 Employment Relations Act 2000