New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Amendment (Appointments)
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Act 1990 No 47 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Police Amendment (Appointments)
Bill 2002
Act No , 2002
An Act to amend the Police Act 1990 in relation to the transfer of certain police
officers, and in relation to statutory declaration requirements for appointment to
certain positions within NSW Police; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Police Amendment (Appointments) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Amendment (Appointments) Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Police Act 1990 No 47
The Police Act 1990 is amended as set out in Schedule 1.
Page 2
Police Amendment (Appointments) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 24 Appointment of Commissioner
Omit section 24 (8) and (9). Insert instead:
(8) The Minister must, before recommending the appointment of
a person to the office of Commissioner:
(a) require the person to provide a statutory declaration, in
such form (if any) as may be prescribed by the
regulations, that the person has not knowingly engaged
in specified misconduct or any other misconduct, and
(b) have regard to the statutory declaration so provided.
(9) A person who fails or refuses, or who is unable, to provide a
statutory declaration in accordance with a requirement made
under subsection (8) is ineligible for appointment to the office
of Commissioner.
[2] Section 38A Disclosure of misconduct
Omit the section.
[3] Section 39 Appointment to be made on merit
Insert after section 39 (5):
(5A) The Commissioner must, before recommending the
appointment of, or appointing, a person to a vacant executive
position:
(a) require the person to provide a statutory declaration, in
such form (if any) as may be prescribed by the
regulations, that the person has not knowingly engaged
in specified misconduct or any other misconduct, and
(b) have regard to the statutory declaration so provided.
(5B) A person who fails or refuses, or who is unable, to provide a
statutory declaration in accordance with a requirement made
under subsection (5A) is ineligible for appointment to the
position concerned.
Page 3
Police Amendment (Appointments) Bill 2002
Schedule 1 Amendments
(5C) The failure, refusal or inability of a person to provide a
statutory declaration in accordance with a requirement made
under subsection (5A) must not be taken into consideration for
a purpose other than the assessment of the person's eligibility
to be appointed to the position concerned.
(5D) Subsections (5A)(5C) do not apply in relation to a person who
has applied for appointment to a vacant executive position who
is not, and has never been, a police officer (whether a member
of NSW Police, or the Police Force, by whatever name
described, of another State or Territory, or of another country).
[4] Section 39A Eligibility lists
Insert ", subject to section 39 (5A) and (5B)," after "to the position and" in
section 39A (2).
[5] Section 66 Temporary appointments to non-executive positions
Insert after section 66 (1A):
(1AA) The Commissioner must, before appointing an officer
temporarily to a police officer position under subsection (1A),
require the officer to provide a statutory declaration, in such
form (if any) as may be prescribed by the regulations, that the
officer has not knowingly engaged in specified misconduct or
any other misconduct.
(1AB) An officer who fails or refuses, or who is unable, to provide a
statutory declaration in accordance with a requirement made
under subsection (1AA) is ineligible for appointment to the
position concerned.
(1AC) The failure, refusal or inability of an officer to provide a
statutory declaration in accordance with a requirement made
under subsection (1AA) must not be taken into consideration
for a purpose other than the assessment of the officer's
eligibility to be appointed to the position concerned.
[6] Section 66 (5), definition of "preferred applicant"
Insert ", subject to subsections (1AA) and (1AB)," after "a person who".
Page 4
Police Amendment (Appointments) Bill 2002
Amendments Schedule 1
[7] Section 67 Transfer of non-executive officers
Insert after section 67 (1):
(1A) Despite subsection (1), the Commissioner may transfer a police
officer from a non-executive position of the rank of
superintendent to which the officer is permanently appointed to
another non-executive position within that rank regardless of
whether the position to which the officer is transferred entitles
its holder to a remuneration that is the same as or different from
the officer's former remuneration.
(1B) A police officer who, pursuant to subsection (1A), is
transferred to a position that would ordinarily entitle its holder
to a level of remuneration that is lower than the officer's
former remuneration, is entitled to the same level of
remuneration in respect of that position as the officer's former
remuneration.
(1C) The entitlement to remuneration conferred on a police officer
under subsection (1B) applies only in respect of the balance of
the term for which the officer holds office pursuant to section
72A.
(1D) Subsection (1B) does not apply in relation to a police officer
whose transfer to a position entitling its holder to a lower level
of remuneration than the officer's former remuneration was
made pursuant to a request by the officer or an order under
section 173.
[8] Section 67A Eligibility lists
Insert ", subject to sections 71 (2A) and (2B) and 77 (2A) and (2B)," after
"to the position and" in section 67A (3).
[9] Section 70 Disclosure of misconduct
Omit the section.
Page 5
Police Amendment (Appointments) Bill 2002
Schedule 1 Amendments
[10] Section 71 Appointment to be made on merit
Insert after section 71 (2):
(2A) The Commissioner must, before appointing a person to a
vacant position of a non-executive commissioned police
officer:
(a) require the person to provide a statutory declaration, in
such form (if any) as may be prescribed by the
regulations, that the person has not knowingly engaged
in specified misconduct or any other misconduct, and
(b) have regard to the statutory declaration so provided.
(2B) A person who fails or refuses, or who is unable, to provide a
statutory declaration in accordance with a requirement made
under subsection (2A) is ineligible for appointment to the
position concerned.
(2C) The failure, refusal or inability of a person to provide a
statutory declaration in accordance with a requirement made
under subsection (2A) must not be taken into consideration for
a purpose other than the assessment of the person's eligibility
to be appointed to the position concerned.
[11] Section 76A Disclosure of misconduct
Omit the section.
[12] Section 77 Appointment of sergeants to be made on merit
Insert after section 77 (2):
(2A) The Commissioner must, before appointing a person to a
vacant position of a police officer of the rank of sergeant:
(a) require the person to provide a statutory declaration, in
such form (if any) as may be prescribed by the
regulations, that the person has not knowingly engaged
in specified misconduct or any other misconduct, and
(b) have regard to the statutory declaration so provided.
Page 6
Police Amendment (Appointments) Bill 2002
Amendments Schedule 1
(2B) A person who fails or refuses, or who is unable, to provide a
statutory declaration in accordance with a requirement made
under subsection (2A) is ineligible for appointment to the
position concerned.
(2C) The failure, refusal or inability of a person to provide a
statutory declaration in accordance with a requirement made
under subsection (2A) must not be taken into consideration for
a purpose other than the assessment of the person's eligibility
to be appointed to the position concerned.
[13] Section 81B Appeals to GREAT against promotions to sergeant or to
higher grade of sergeant
Insert ", subject to section 77 (2A) and (2B)," after "the vacant position
and" wherever occurring in section 81B (1) and (2).
[14] Section 81C Appeal to GREAT against promotion to inspector
Insert ", subject to section 71 (2A) and (2B)," after "the vacant position
and" in section 81C (1).
[15] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Police Amendment (Appointments) Act 2002
[16] Schedule 4
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Police Amendment (Appointments) Act 2002
Statutory declaration relating to disclosure of misconduct
An amendment made by Schedule 1 [1], [3], [5], [10] or [12]
to the Police Amendment (Appointments) Act 2002 extends to
the appointment of a person to an office or position that was
advertised but not filled before the commencement of the
amendment.
Page 7
Police Amendment (Appointments) Bill 2002
Schedule 1 Amendments
Transfer of superintendents between positions within that rank
The amendment made by Schedule 1 [7] to the Police
Amendment (Appointments) Act 2002 does not apply to or in
respect of a transfer to a position that was advertised but not
filled before the commencement of the amendment.
Page 8
[Index] [Search] [Download] [Related Items] [Help]