S. 3(1) def. of IBAC inserted by No. 13/2012 s. 11(1)(b). IBAC has the same meaning as it has in section 3 of the Independent Broad-based Commission Act 2011; S. 3(1) def. of IBAC Officer inserted by No. 13/2012 s. 11(1)(b). IBAC Officer has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011; S. 3(1) def. of insolvent under administration inserted by No. 61/1999 s. 4(b), repealed by No. 4/2008 s. 32(Sch. item 24). * * * * * s. 3 S. 3(1) def. of journalism organisation inserted by No. 52/2007 s. 4(1). journalism means the practice of collecting, preparing for dissemination or disseminating any of the following material for the purpose of making it available to the public— (a) material having the character of news or current affairs; (b) material consisting of commentary or opinion on or analysis of news or current affairs; S. 3(1) def. of law enforcement agency inserted by No. 52/2007 s. 4(1), amended by Nos 13/2012 s. 11(1)(c), 82/2012 s. 164(a). law enforcement agency means— (a) the force, or a member of an equivalent body in another State of the Commonwealth or the ; or (b) the IBAC; or
S. 3(1) def. of prison inserted by No. 79/2004 s. 74, substituted by No. 48/2006 s. 42(Sch. item 28). prison has the same meaning as in the Corrections Act 1986 but includes a youth justice centre established under section 478 of the Children, Youth and Families Act 2005; S. 3(1) def. of Professional Standards Division inserted by No. 77/2012 s. 4(a). Professional Standards Division means the Professional Standards Division of the PRS Board established by section 87B(b); S. 3(1) def. of professional standards function inserted by No. 77/2012 s. 4(a). professional standards function means a function specified in section 87A(1)(b); s. 3 S. 3(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 124(b). protected disclosure complaint means a disclosure that is determined to be a protected disclosure complaint by the IBAC under section 26 of the Protected Disclosure Act 2012; S. 3(1) def. of protective services officer inserted by No. 77/2012 s. 4(a). protective services officer means a person appointed as a protective services officer under Part VIA; S. 3(1) def. of PRS Board inserted by No. 77/2012 s. 4(a). PRS Board means the Police Registration and Services Board established by section 87; S. 3(1) def. of PRS Board officer inserted by No. 77/2012 s. 4(a). PRS Board officer means— (a) a member of the PRS Board; or (b) an employee referred to in section 87P(1); or
(c) a member of staff referred to in section 87P(2); S. 3(1) def. of public authority inserted by No. 34/2008 s. 133. public authority means— (a) the force; or (b) a public service body within the meaning of the Public Administration Act 2004; or (c) any other body, whether or not incorporated, established by or under an Act for a public purpose; S. 3(1) def. of public officer inserted by No. 34/2008 s. 133. public officer means— (a) a member of the force; or (b) a person who is employed by or in a public authority or acting on behalf of a public authority; S. 3(1) def. of Registration Division inserted by No. 77/2012 s. 4(a). Registration Division means the Registration Division of the PRS Board established by section 87B(a); s. 3 S. 3(1) def. of registration function inserted by No. 77/2012 s. 4(a). registration function means a function specified in section 87A(1)(a); S. 3(1) def. of Review Division inserted by No. 77/2012 s. 4(a). Review Division means the Review Division of the PRS Board established by section 87B(c); S. 3(1) def. of review function inserted by No. 77/2012 s. 4(a). review function means a function specified in section 87A(1)(c);
S. 5(3) inserted by No. 35/2012 s. 9(3). (3) For the purposes of subsection (2)(c), acceptable clothing accessories includes but is not limited to jewellery, headgear, sunglasses and makeup. S. 6 substituted by No. 6957 s. 2(b). 6 Powers of Deputy Commissioner s. 6 S. 6(1) amended by Nos 9066 s. 2(b), 10250 s. 5(1). (1) Anything by this or any other Act or by any regulation made under this or any other Act appointed or authorized or required to be done or signed by the Chief Commissioner may be done or signed by a Deputy Commissioner and shall be as valid and effectual as if done or signed by the Chief Commissioner. S. 6(1A) inserted by No. 30/1999 s. 10(1), repealed by No. 77/2012 s. 5(1). * * * * * S. 6(2) amended by Nos 9066 s. 2(b), 15/1989 s. 5, 30/1999 s. 10(2). (2) All courts judges and persons acting judicially shall take judicial notice of the seal and signature of the Chief Commissioner, of a Deputy Commissioner, of an Assistant Commissioner, of an Acting Chief Commissioner, of an Acting Deputy Commissioner and of an Acting Assistant Commissioner.
S. 8AB(2) amended by No. 77/2012 s. 8(b)(i). (2) For the purposes of this section and sections 8 and 86AC— efficiency means— (a) the aptitude and special qualifications necessary for the discharge of the duties of the position in question, together with merit, diligence, good conduct, quality of service, mental capacity and physical fitness; and (b) potential to develop the executive ability and leadership and management skills essential in senior executive positions—in relation to the rank of inspector; and (c) the executive ability and leadership and management skills essential in senior executive positions—in relation to the rank of commander, chief superintendent, superintendent or chief inspector; S. 8AB(2) def. of general duties inserted by No. 23/1996 s. 4(2). general duties means primary response and general patrol duties; S. 8AB(2) def. of transfer amended by No. 77/2012 s. 8(b)(ii). transfer means the transfer of a member of the force from one position in the force to another at the same rank, but does not include a directed transfer. S. 8AC inserted by No. 77/2012 s. 9. 8AC Directed transfers s. 8AC The Chief Commissioner may immediately transfer a member of the force (other than a Deputy Commissioner or Assistant Commissioner) to any part of the State if the Chief Commissioner considers it reasonably necessary to do so for the provision of policing services.
Heading preceding s. 64A inserted by No. 6695 s. 2. Provisions of 1960 S. 64A inserted by No. 6695 s. 2. 64A Basic rate of pension s. 64A S. 64A(1) amended by Nos 8722 s. 2(h)(i), 40/2010 s. 38(1). (1) In this section basic rate of pension means the pension payable per annum to any pensioner or partner under the provisions of this Act other than the provisions of this section. (2) (a) Where the basic rate of pension payable to a pensioner is not more than $728 the rate of pension payable to such pensioner shall be his basic rate of pension plus $65 or the rate of $728 per annum whichever is the less. S. 64A(2)(b) amended by No. 8722 s. 2(h)(ii)(iii). (b) Where the basic rate of pension payable to a widow is not more than $388.27 the rate of pension payable to such widow shall be her basic rate of pension plus $44.37 or the rate of $388.27 per annum whichever is the less. Heading preceding s. 64B inserted by No. 15/1989 s. 9. General provision about final salary S. 64B inserted by No. 15/1989 s. 9. 64B Final salary for superannuation benefit purposes (1) Despite anything in this or any other Act, or in any regulations made under any other Act, for the purposes of determining the amount of superannuation benefits payable to a member of the force whose service is terminated by resignation during the period for which that member remains on probation for the rank to
Heading preceding s. 64C inserted by No. 42/1990 s. 6(1). Provision for indexation S. 64C inserted by No. 42/1990 s. 6(1). 64C Indexation of pensions s. 64C (1) In this section— S. 64C(1) def. of consumer price index amended by No. 120/1994 s. 11. consumer price index means the all groups consumer price index number for all Capital Cities published by the Commonwealth statistician in respect of the June quarter and the December quarter for each year; prescribed half year means the half year ended 30 June 1989 or any subsequent half year ending on 31 December or 30 June in which the consumer price index is higher than the previous highest consumer price index in or since the half year ended 30 June 1989; prescribed percentage in relation to a prescribed half year after 30 June 1989 means the percentage calculated to two decimal places in accordance with the formula— where A is the consumer price index number for the prescribed half year and B is the consumer price index for the next preceding prescribed half year. S. 64C(2) amended by No. 120/1994 s. 12. (2) A pension under this Act, together with any supplementary pension granted under the Pensions Supplementation Act 1966 (whether granted before on or after the repeal of the Pensions Supplementation Act 1966), must—
(6) In this section— efficiency has the meaning given by section 118B(7). S. 86AE inserted by No. 77/2012 s. 15. 86AE Constitution of PRS Board for appeal s. 86AE (1) For the purpose of an appeal, the PRS Board is to be constituted by— (a) a member of the Review Division sitting alone; or (b) 2 members of the Review Division of whom at least one is the President or the Deputy President. (2) The President is to determine the constitution of the PRS Board to hear an appeal. (3) If the PRS Board is constituted as referred to in subsection (1)(b) and the members are divided in opinion on any question arising on the appeal, the question is to be decided according to the opinion of the President or Deputy President or, if both are sitting, the President. S. 86AF inserted by No. 77/2012 s. 15. 86AF Appeal to be re-hearing s. 86AF An appeal under this Division is to be by way of a re-hearing. S. 86AG inserted by No. 77/2012 s. 15. 86AG Procedure on appeal (1) If an appeal is lodged, the Chief Commissioner must lodge the selection file in relation to the promotion or transfer with the PRS Board within 2 business days after the day on which he or she is notified under section 86AR(2) of the lodging of an appeal. (2) Neither the Chief Commissioner nor the appellant may lodge any other document with the PRS Board concerning the appeal unless the PRS Board, being of the opinion that there are exceptional circumstances, gives leave.
business day means a day other than a Saturday, Sunday or public holiday. S. 86AM inserted by No. 77/2012 s. 15. 86AM PRS Board must have regard to public interest and interests of applicant (1) In a review, the PRS Board must have regard to— (a) the public interest; and (b) the interests of the applicant for review. (2) Subsection (1) does not limit the matters to which the PRS Board is otherwise required or permitted to have regard in a review. (3) In this section— public interest includes the interest of maintaining the integrity of, and community confidence in, the force. S. 86AN inserted by No. 77/2012 s. 15. 86AN Powers of PRS Board on review of termination or dismissal decisions s. 86AN (1) This section applies to a review of a decision to terminate a member's appointment or dismiss a member. (2) On the review, the PRS Board must affirm the decision unless the PRS Board is satisfied that the decision is harsh, unjust or unreasonable. (3) If the PRS Board is satisfied that the decision is harsh, unjust or unreasonable, the PRS Board may— (a) in the case of a review of a decision to dismiss a member under section 80(1)(e)— (i) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or
Note to s. 86L(2) inserted by No. 13/2012 s. 11(10). Note Under Part 3 of the Independent Broad-based Commission Act 2011, complaints to the IBAC must be in writing unless the IBAC determines that there are exceptional circumstances. S. 86L(2A) inserted by No. 26/1997 s. 42(2), substituted by No. 30/1999 s. 18(1), amended by Nos 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). (2A) A member of the force must make a complaint to a member of the force of a more senior rank to that member, or to the IBAC, about the conduct of another member of the force if he or she has reason to believe that the other member is guilty of serious misconduct. s. 86L Note to s. 86L(2A) inserted by No. 85/2012 s. 130(1). Note A complaint made in accordance with subsection (2A) is a protected disclosure under the Protected Disclosure Act 2012—see the definition of protected disclosure in section 3 of the Act. S. 86L(2B) inserted by No. 36/2001 s. 117, amended by Nos 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7), substituted by No. 85/2012 s. 130(2). (2B) If a member of the force is required to make a complaint under subsection (2A) about the conduct of another member of the force, it is sufficient compliance for the purposes of that subsection if the member makes a disclosure in accordance with Part 2 of the Protected Disclosure Act 2012. S. 86L(3) amended by Nos 14/1988 s. 18(Sch. 1 item 13), 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). (3) If a complaint is made to a member of the force by a person who is not a member of the force, the member must advise the complainant that the complainant may make the complaint to the IBAC.
S. 86O inserted by No. 10250 s. 10. 86O Investigations by the Chief Commissioner s. 86O S. 86O(1) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (1) The Chief Commissioner must as often as requested by the IBAC report in writing to the IBAC on the progress of an investigation. (2) The Chief Commissioner may attempt to resolve a complaint by conciliation and must— S. 86O(2)(a) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (a) before commencing to conciliate, notify the IBAC of the proposed attempt; and S. 86O(2)(b) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (b) notify the IBAC of the results of the attempt. S. 86O(3) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (3) After completing an investigation the Chief Commissioner must in writing report to the IBAC on the results of the investigation and the action (if any) taken or proposed to be taken.
S. 86R inserted by No. 10250 s. 10, amended by Nos 14/1988 s. 18(Sch. 1 item 19), 9/2001 s. 6(2), 32/2004 s. 17(a), 63/2004 s. 4(7)(a)(b), 79/2004 s. 84(3)(4), repealed by No. 34/2008 s. 142(14). * * * * * S. 86S inserted by No. 10250 s. 10, amended by Nos 14/1988 s. 18(Sch. 1 item 20), 9/2001 s. 6(3), 32/2004 s. 17(b), 63/2004 s. 4(7)(a), substituted by No. 79/2004 s. 85, repealed by No. 34/2008 s. 142(14). * * * * * S. 86T inserted by No. 10250 s. 10. 86T Advice to complainant s. 86T (1) In the case of a complaint made to a member of the force, the Chief Commissioner must in writing advise the complainant of the results of the investigation and of the action taken or proposed to be taken. Note to s. 86T(1) inserted by No. 34/2008 s. 142(15)(a), substituted by No. 13/2012 s. 11(11). Note See the Independent Broad-based Anti-corruption Commission Act 2011 for the equivalent provision applicable in the case of complaints made to the IBAC.
(ii) in the case of a warrant issued in relation to a vehicle located in a public place, must give any person on or in the vehicle an opportunity to allow entry to the vehicle. S. 100B(2) amended by No. 25/2009 s. 25(2). (2) A member need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place or the vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 100C (Heading) inserted by No. 25/2009 s. 26(1). S. 100C inserted by No. 30/1999 s. 25, amended by No. 25/2009 s. 26(2)(3) (ILA s. 39B(1)). 100C Details to be given to occupier or person in charge of vehicle s. 100C (1) In the case of a warrant issued in respect of a particular place, if the occupier of the place or another person who apparently represents the occupier is present at the place when a search warrant is being executed, the member executing the warrant must— (a) identify himself or herself to that person; and (b) give the person a copy of the warrant. S. 100C(2) inserted by No. 25/2009 s. 26(3). (2) In the case of a warrant issued in relation to a particular vehicle located in a public place, if there is a person apparently in charge of the vehicle when a search warrant is being executed, the member executing the warrant must— (a) identify himself or herself to that person; and (b) give the person a copy of the warrant. S. 100D inserted by No. 30/1999 s. 25. 100D Seizure of things not mentioned in the warrant
S. 115B inserted by No. 9392 s. 3, amended by No. 11/1992 s. 15(2). 115B Long service leave The provisions of sections 120 and 120A with respect to members of the police force shall, so far as those provisions are applicable and with such modifications as are necessary, extend and apply with respect to police reservists. No. 6017 s. 15. S. 116 amended by No. 10/2004 s. 15(Sch. 1 item 21.2) 116 Obstructing etc. police reservists s. 116 Any person who assaults resists or obstructs any police reservist while in the execution of his duty or promotes incites or encourages any other person so to do shall be liable to a penalty of not more than 04 penalty unit or to imprisonment for a term of not more than three months. No. 6017 s. 16. 117 Repute to be evidence of appointment If any question arises as to the right of any police reservist to hold or exercise the duties of his office, common reputation shall be deemed prima facie evidence of such right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of such right. No. 6017 s. 17. 118 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the government of police reservists with respect to any matter necessary for making them efficient for the discharge of their duties; (b) any matter by this Part permitted or authorized to be prescribed by regulations.
S. 118(2) repealed by No. 6886 s. 3. * * * * * _______________ Pt 6A (Heading and ss inserted by No. 32/1987 s. 4. S. 118A inserted by No. 32/1987 s. 4. 118A Definition s. 118A In this Part officer means an officer appointed under this Part. S. 118B inserted by No. 32/1987 s. 4. 118B Appointment of protective services officers S. 118B(1) substituted by No. 42/1990 s. 9(1)(a), amended by No. 2/2011 s. 3(1). (1) The Chief Commissioner may, in accordance with the regulations, appoint and promote so many protective services officers as the Governor in Council thinks necessary for the purposes of providing services for the protection of— S. 118B(1)(a) inserted by No. 2/2011 s. 3(1). (a) persons holding certain official or public offices; S. 118B(1)(b) inserted by No. 2/2011 s. 3(1). (b) the general public in certain places; S. 118B(1)(c) inserted by No. 2/2011 s. 3(1). (c) certain places of public importance.
S. 130(1)(de) inserted by No. 6957 s. 10(a), amended by No. 42/1990 s. 11, substituted by No. 9/2001 s. 16. (de) prescribing fees or charges that may be imposed for the provision of services by members of the force or persons employed in the office of the Chief Commissioner; S. 130(1)(dea) inserted by No. 9066 s. 8(1), substituted by Nos 10250 s. 19(a), 11/1992 s. 17(3). (dea) authorising the Chief Commissioner to grant leave with or without pay to a member of the force who is a Deputy Commissioner or an Assistant Commissioner and prescribing the effect of that leave on any other entitlement that the member may have or may come to have under this Act or the regulations; S. 130(1)(df) inserted by No. 6957 s. 10(a). (df) the government of the members of the force; S. 130(1)(dg) inserted by No. 6957 s. 10(a). (dg) any matter necessary or expedient to promote the efficiency of the force or to promote the efficient discharge of duties by any member or any class of members of the force; S. 130(1)(dh) inserted by No. 10250 s. 19(b). (dh) the investigation of complaints about the conduct of members of the force; s. 130 (e) appeals provided for in Division two of Part III of this Act and the costs of such appeals; S. 130(1)(f) substituted by No. 35/1993 s. 17, amended by No. 61/1999 s. 17, substituted by No. 77/2012 s. 21(1)(a). (f) appeals and reviews under Part IVAA;
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Police Regulation (Amendment) Act 1958, No. 6486/1958 Assent Date: 16.12.58 Commencement Date: 2.1.59: Government Gazette 17.12.58 p. 3922 : All of Act in operation Statute Law Revision Act 1959, No. 6505/1959 Assent Date: 5.5.59 Commencement Date: 1.4.59: s. 1(2) : All of Act in operation Police Regulation (Delegation of Powers) Act 1959, No. 6570/1959 Assent Date: 1.12.59 Commencement Date: 1.12.59 : All of Act in operation Police Regulation (Pensions) Act 1959, No. 6695/1959 Assent Date: 13.12.60 Commencement Date: 30.12.60: Government Gazette 14.12.60 p. 3918 : All of Act in operation Police Regulation (Amendment) Act 1961, No. 6833/1961 Assent Date: 12.12.61 Commencement Date: 1.8.62: Government Gazette 1.8.62 p. 2694 : All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 : All of Act in operation Police Regulation Act 1962, No. 6957/1962 Assent Date: 18.12.62 Commencement Date: 1.10.63: Government Gazette 25.9.63 p. 2916 : All of Act in operation Superannuation Act 1963, No. 7081/1963 Assent Date: 10.12.63 Commencement Date: 1.2.64: Government Gazette 1.2.64 p. 132 : All of Act in operation Public Service (Amendment) Act 1964, No. 7135/1964 Assent Date: 5.5.64 Commencement Date: 11.6.64: Government Gazette 10.6.64 p. 1895 : All of Act in operation Statute Law Revision Act 1964, No. 7142/1964
Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Superannuation Act 1972, No. 8314/1972 Assent Date: 8.11.72 Commencement Date: 1.12.72: s. 1(2) : All of Act in operation Police Regulation (Amendment) Act 1973, No. 8487/1973 Assent Date: 4.12.73 Commencement Date: 4.12.73 : All of Act in operation Endnotes Police Regulation (Pensions) Act 1975, No. 8722/1975 Assent Date: 16.5.75 Commencement Date: 1.7.75: Government Gazette 1.7.75 p. 2327 : All of Act in operation Police Regulation (Amendment) Act 1975, No. 8745/1975 Assent Date: 5.11.75 Commencement Date: 5.11.75 : All of Act in operation Police Regulation (Long Service Leave) Act 1975, No. 8759/1975 Assent Date: 18.11.75 Commencement Date: 18.11.75 : All of Act in operation Police Regulation (Long Service Leave) Act 1976, No. 8959/1976 Assent Date: 16.12.76 Commencement Date: 16.12.76 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77 but see s. 2(2) : All of Act in operation Police Regulation (Amendment) Act 1977, No. 9066/1977 Assent Date: 29.11.77 Commencement Date: 7.12.77: Government Gazette 7.12.77 p. 3765 : All of Act in operation Police Regulation (Retired Police Reserve) Act 1980, No. 9392/1980 Assent Date: 13.5.80 Commencement Date: 20.5.80: Government Gazette 28.5.80 p. 1659 : All of Act in operation Police Regulation (Charges and Appeals) Act 1980, No. 9433/1980
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 (as amended by No. 63/2010) Assent Date: 9.2.10 Commencement Date: S. 107 on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 : This information relates only to the provision/s amending the Police Regulation Act 1958 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 42) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010, No. 40/2010 (as amended by No. 32/2011) Assent Date: 30.6.10 Commencement Date: Ss 26–44 on 1.7.10: Government Gazette 1.7.10 p. 1359 : This information relates only to the provision/s amending the Police Regulation Act 1958 Endnotes Personal Safety Intervention Orders Act 2010, No. 53/2010 (as amended by No. 20/2011) Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 8) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Police Regulation Act 1958 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 8) on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Police Regulation Act 1958 Police Regulation Amendment (Protective Services Officers) Act 2011, No. 2/2011 Assent Date: 29.3.11 Commencement Date: S. 3 on 21.4.11: Special Gazette (No. 125) 19.4.11 p. 1 : This information relates only to the provision/s amending the Police Regulation Act 1958 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 73) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Police Regulation Act 1958