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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Amendment (Police
Promotions) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Act 1990 No 47 2
4 Amendment of Police Regulation 2000 2
5 Repeal of Act 2
Schedule 1 Amendment of Police Act 1990 3
Schedule 2 Amendment of Police Regulation 2000 23
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, , 2006
New South Wales
Police Amendment (Police
Promotions) Bill 2006
Act No , 2006
An Act to amend the Police Act 1990 and the Police Regulation 2000 with respect to
the promotion and appointment system for police officers (other than constables and
executive officers); 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 (Police Promotions) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Amendment (Police Promotions) Act 2006.
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.
4 Amendment of Police Regulation 2000
The Police Regulation 2000 is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
Schedule 1 Amendment of Police Act 1990
(Section 3)
[1] Section 3 Definitions
Insert "or rank or grade within a rank of police officer" after "in NSW Police"
in the definition of merit in section 3 (1).
[2] Section 3 (1), definition of "merit"
Insert "or rank or grade" after "position" wherever occurring in paragraphs (a)
and (b).
[3] Section 3 (1)
Insert in alphabetical order:
non-executive administrative officer--see Part 6A.
non-executive police officer--see Part 6.
promotion list means a list prepared under section 70.
[4] Sections 24 and 39 and Schedule 2
Omit "Special Crime and Internal Affairs" wherever occurring.
Insert instead "Professional Standards Command".
[5] Parts 66B
Omit Part 6. Insert instead:
Part 6 Non-executive police officers
Division 1 Preliminary
62 Officers to whom Part applies
This Part applies to all police officers (other than the
Commissioner and members of NSW Police Senior Executive
Service).
63 Definitions
In this Part:
appointment means appointment by way of promotion or transfer
or otherwise.
non-executive commissioned police officer means a
commissioned police officer to whom this Part applies.
Page 3
Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
non-executive police officer means a police officer to whom this
Part applies.
vacant position means:
(a) a position that is not held by a person, or
(b) a position to which a person is temporarily appointed, or
(c) a position that is temporarily held by a person who is
temporarily appointed to another position in accordance
with section 67 (2).
Division 2 Appointment of non-executive police officers
64 Appointments to non-executive police officer positions
(1) An appointment (whether by way of transfer or promotion or
otherwise) as a non-executive police officer is to be made by the
Commissioner.
(2) It does not matter whether the person appointed is or is not
already a member of NSW Police.
(3) In particular, it does not matter whether the person appointed is
or is not a police officer at the time of appointment.
(4) As soon as practicable after a person is appointed (whether by
way of transfer or promotion or otherwise) as a non-executive
police officer, the Commissioner is required to notify the Police
Integrity Commission of the identity of the person so appointed.
65 Filling non-executive positions by either police or administrative
officers
(1) If the Commissioner is satisfied that a position (other than a
position designated for members of NSW Police Senior
Executive Service) is suitable for either a police officer or an
administrative officer, the position may, for the purpose of the
selection process, be designated as a position available to both
police and administrative officers.
(2) Before a person is appointed to any such vacant position, the
Commissioner must determine whether it is to be the position of
a police officer or an administrative officer (and the provisions of
this Part or Part 6A relating to the filling of such a vacancy apply
accordingly).
66 Appointments to be made on merit
(1) This section applies to appointments to vacant positions of
non-executive police officers (other than constables).
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Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
(2) In deciding to appoint a person (other than by way of promotion)
to a vacant position of a non-executive police officer, the
Commissioner must, from among the applicants who are eligible
for appointment, select the applicant who has, in the opinion of
the Commissioner, the greatest merit.
(3) The Commissioner is, for the purpose of determining the merit of
persons for appointment (other than by way of promotion) to a
vacant position of a non-executive police officer, to have regard
to:
(a) the nature of the duties of the position, and
(b) the abilities, qualifications, experience, standard of work
performance and personal qualities of those persons that
are relevant to the performance of those duties.
(4) In deciding to appoint a person by way of promotion to a vacant
position of a non-executive police officer, the Commissioner
must appoint a person from the promotion list for the rank or
grade within the rank concerned who is a person available for
appointment and who has the greatest merit according to rankings
on the list.
(5) Despite subsection (4), the Commissioner may, in the case of a
position identified by the Commissioner as requiring specialist
qualifications, appoint a person by way of promotion to any such
position from the promotion list for the rank or grade concerned
who has the greatest merit according to rankings on that list of
persons who, in the opinion of the Commissioner, have the
qualifications required for that position.
67 Temporary appointments
(1) The Commissioner may appoint an officer temporarily to a
position of a non-executive police officer that is vacant or the
holder of which is suspended, sick or absent.
(2) Without limiting subsection (1), the Commissioner may appoint
temporarily to a vacant position of a non-executive police officer
a police officer who is on the relevant promotion list for the rank
or grade concerned, or is in the process of gaining the requisite
qualifications for placement on that list, subject to the following:
(a) before the appointment can be made, the Commissioner
and officer must agree, in writing, as to the command in
which the officer will serve if the officer is not
permanently appointed to the vacant position, and
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Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
(b) if the officer has permanently relocated his or her principal
residence because of the temporary appointment, the
officer is entitled to the costs and expenses of any further
relocation agreed to under paragraph (a), those costs and
expenses to be calculated in accordance with any relevant
industrial award or enterprise agreement for transferred
officers under the Industrial Relations Act 1996, and
(c) if the officer has relocated his or her principal place of
residence because of the temporary appointment and has
entered into an agreement, in writing, with the
Commissioner to stay within the command to which the
officer has been transferred if the officer is not
permanently appointed to the vacant position, the officer
cannot be involuntarily transferred under section 69
(except in accordance with action taken under section 173
(2) (d)) within a period of 3 years after the relocation.
(3) An officer who ceases to be temporarily appointed to a position
in accordance with subsection (1) and who is not permanently
appointed to the position has no right of return to the position
from which the officer was temporarily appointed, unless:
(a) the officer has entered into an agreement under subsection
(2) (a) to return to the command from which the officer
was temporarily appointed, and
(b) no other officer has been appointed to the position from
which the officer was temporarily appointed.
(4) An administrative officer may not be appointed under this section
to the position of a police officer.
(5) The Commissioner may, at any time, terminate a temporary
appointment under this section.
(6) Section 66 does not apply to a temporary appointment under this
section.
68 Statutory declaration as to misconduct
(1) The Commissioner must, before appointing an officer
temporarily under section 67 or otherwise under this Part, 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.
(2) An officer who fails or refuses, or who is unable, to provide a
statutory declaration in accordance with any such requirement is
ineligible for appointment under the relevant provision.
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Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
(3) The failure, refusal or inability of an officer to provide a statutory
declaration in accordance with any such requirement 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.
69 Transfer of non-executive police officers
(1) If the Commissioner considers it to be in the interests of NSW
Police to do so, the Commissioner may transfer a non-executive
police officer from one non-executive police officer position to
another non-executive police officer position or non-executive
administrative officer position.
(2) Such a transfer may be made if:
(a) the position to which the officer is transferred entitles its
holder to the same level of remuneration as the officer's
former remuneration, or
(b) the position to which the officer is transferred entitles its
holder to a lower level of remuneration than the officer's
former remuneration and:
(i) the officer consents to the transfer at the lower level
of remuneration, or
(ii) the officer requested the transfer or the transfer is
made pursuant to an order under section 173, or
(c) the officer concerned is being transferred from the rank of
superintendent to which the officer is permanently
appointed to another 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.
(3) An officer transferred under subsection (2) (c) is entitled, for the
balance of the term for which the officer holds office pursuant to
section 74, to the same level of remuneration in respect of the
new position as the officer's former remuneration if the position
to which the officer is transferred ordinarily entitles its holder to
a level of remuneration that is lower than the officer's former
remuneration (unless the officer requested the transfer or it was
made pursuant to an order under section 173).
(4) A transfer under this section may be made only if the officer
possesses the qualifications determined by the Commissioner for
the other position.
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Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
(5) The transfer under this section of a police officer to a
non-executive administrative officer position may not be made
without the approval of the police officer.
(6) Section 66 does not apply to a transfer under this section.
70 Promotion lists
(1) The Commissioner is to establish promotion lists of police
officers eligible for promotion to the rank or grade within a rank
of sergeant, senior sergeant, inspector and superintendent.
(2) The regulations may make provision for or with respect to the
following matters:
(a) the requirements for placement on a promotion list,
(b) without limiting paragraph (a), criteria for eligibility to
undertake requirements (including meeting quota
requirements),
(c) the ranking of police officers on a promotion list,
(d) the period for which a police officer may remain on a
promotion list or replacement promotion lists for the same
rank or grade within a rank,
(e) the appointment of persons from a promotion list to a rank
or grade within a rank to which the list applies,
(f) reviews of assessment of requirements for placement on a
promotion list and of ranking on a promotion list,
(g) reviews or appeals against a decision to suspend or remove
a person from a promotion list, or to refuse a person the
right to participate or continue to participate in any part of
the process to obtain placement on a list, on integrity
grounds,
(h) without limiting paragraph (f) or (g), the procedures for
and conduct of reviews,
(i) circumstances in which a person may be removed or
suspended from or restored to a promotion list,
(j) the period for which, or the circumstances in which, a
promotion list remains current,
(k) notification of a decision to suspend or remove a person
from a promotion list, or to refuse a person the right to
participate or continue to participate in any part of the
process to obtain placement on a list, on integrity grounds.
Page 8
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
71 Integrity matters
(1) It is the duty of the Commissioner:
(a) before selecting a person to complete an eligibility
program for a rank or grade within a rank of police officer,
to make inquiries (from the Commander, Professional
Standards Command, and from any other person or body
the Commissioner thinks appropriate), as to the integrity of
the person, and
(b) before appointing a person, by way of promotion, as a
non-executive police officer, to make inquiries (from the
Police Integrity Commission, the Commander,
Professional Standards Command, and from any other
person or body the Commissioner thinks appropriate), as
to the integrity of the person.
(2) It is the duty of the Commissioner to have regard to any
information that comes to the Commissioner's attention (whether
as a result of inquiries under subsection (1) or otherwise) as to the
integrity of a person referred to in that subsection.
(3) The Police Integrity Commission, subject to the Police Integrity
Commission Act 1996, and the Commander, Professional
Standards Command, are required to furnish a report to the
Commissioner (on the basis of information available to the
Commission or the Commander and without the need for any
special investigation or inquiry) on any person the subject of an
inquiry referred to in subsection (1).
(4) The Commissioner may change a decision to appoint a person
under this Part before the person is appointed if the
Commissioner receives information as to the person's integrity
(being information that was not considered when the decision to
appoint the person was made) which causes the Commissioner to
form the opinion that the person is not a suitable person to be so
appointed.
(5) If the Commissioner changes such a decision, the Commissioner
may decide, in accordance with this Part to appoint instead (from
the persons who are eligible for appointment) the person who the
Commissioner is of the opinion at the time has the greatest merit.
Page 9
Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
(6) The Commissioner may suspend or remove a person from a
promotion list or any part of a process relating to placement on a
promotion list if the Commissioner receives information as to the
person's integrity (being information that was not previously
considered) which causes the Commissioner to form the opinion
that the person is not a suitable person to remain on the list or be
placed on the list.
72 Vacation of non-executive police officer positions
(1) A non-executive police officer's position becomes vacant if the
officer:
(a) dies, or
(b) completes a term of office and is not appointed for a
further term, or
(c) is removed from office, or retires or is retired from office,
under this or any other Act, or
(d) resigns his or her position in writing addressed to the
Commissioner.
(2) The retirement or resignation of a non-executive police officer
does not take effect until:
(a) the Commissioner accepts the retirement or resignation, or
(b) the officer has given the Commissioner at least 4 weeks'
notice in writing of the day on which the officer intends to
retire or resign and the officer is not under suspension from
office on that day.
73 Approval to engage in other paid employment
A non-executive police officer must not engage in any paid
employment outside the duties of his or her position without the
approval of the Commissioner.
Division 3 Term of office of non-executive
commissioned police officers
74 Five year term contracts
(1) Subject to this Act, a non-executive commissioned police officer
holds office for the term of office specified in an instrument of
appointment issued by the Commissioner for the purposes of this
section.
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Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
(2) The instrument operates as an appointment of the officer for the
term of office so specified. The appointment is separate and
distinct from the appointment of the officer to the officer's
non-executive police officer position by the Commissioner under
section 64.
(3) The term of office is to be 5 years or the officer's balance of
service to retirement (whichever is shorter).
(4) An officer's balance of service to retirement is the period up to
the officer's projected date of retirement from NSW Police, as
determined by the Commissioner after consultation with the
officer.
75 Entitlement to further terms
(1) Until retirement, a non-executive commissioned police officer is
entitled (if otherwise qualified) to appointment for a further term
of office in accordance with section 74 on the expiration of each
current term of office, unless the Commissioner has decided that
the officer is not to be appointed for a further term and notified
the officer of that decision at least 6 months before the expiration
of the current term of office.
(2) The appointment of an officer for a further term of office does not
constitute an appointment to a vacant position for the purposes of
Division 2.
76 Ground for decision not to re-appoint
(1) The only ground for a decision by the Commissioner that a
non-executive commissioned police officer is not to be appointed
for a further term of office is that the officer is unable to meet
required standards of operational competence, discipline or
integrity.
(2) The regulations may make provision for a review of a decision of
the Commissioner under this section.
77 Performance reviews
A non-executive commissioned police officer's performance
must be reviewed, at least annually, by the Commissioner or by
some person nominated by the Commissioner. The review is to
have regard to performance criteria determined by the
Commissioner for the officer's position and any other relevant
matter.
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Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
78 Promotion, transfer and re-appointment following resignation
(1) When a non-executive commissioned police officer is appointed
by way of promotion to another position in NSW Police as a
non-executive commissioned police officer, the officer is to be
appointed for a new term of office in accordance with section 74
in the rank or grade within a rank to which the officer is
promoted.
(2) When a non-executive commissioned police officer is transferred
to another position in NSW Police as a non-executive
commissioned police officer, the officer is not to be appointed for
a new term of office, and the officer's existing term of office
continues in the transferred position.
(3) When a non-executive commissioned police officer is
re-appointed under section 103 (Re-appointment of employees
resigning to contest Commonwealth elections) of the Public
Sector Employment and Management Act 2002 the officer is to be
appointed for a new term of office that is equivalent to the
balance of the officer's term of office as at resignation.
79 Powers of dismissal, removal and suspension not affected
Nothing in this Division limits or otherwise affects any power
under this Act to dismiss, suspend or remove a non-executive
commissioned police officer.
Division 4 Appointment and promotion of constables
80 Appointment and promotion of constables
(1) The Commissioner may, subject to this Act and the regulations,
appoint any person of good character and with satisfactory
educational qualifications as a police officer of the rank of
constable.
(2) A person when first appointed as such a police officer is to be
appointed on probation in accordance with the regulations.
(3) The Commissioner may dismiss any such probationary police
officer from NSW Police at any time and without giving any
reason.
(4) The promotion of police officers within the rank of constable is
subject to the regulations.
Page 12
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
Part 6A Non-executive administrative officers
Division 1 Preliminary
81 Officers to whom Part applies
This Part applies to all administrative officers (other than
members of NSW Police Senior Executive Service).
82 Definitions
In this Part:
appointment means appointment by way of promotion or transfer
or otherwise.
eligibility list means an eligibility list prepared under section 82F.
non-executive administrative officer means an administrative
officer to whom this Part applies.
vacant position means:
(a) a position that is not held by a person, or
(b) a position to which a person is temporarily appointed.
Division 2 Appointment of non-executive administrative
officers
82A Appointments to non-executive administrative officer positions
(1) An appointment (whether by way of transfer or promotion or
otherwise) to the position of a non-executive administrative
officer is to be made by the Commissioner.
(2) It does not matter whether the person appointed is or is not
already a member of NSW Police.
(3) As soon as practicable after a person is appointed (whether by
way of transfer or promotion or otherwise) as a non-executive
administrative officer, the Commissioner is required to notify the
Police Integrity Commission of the identity of the person so
appointed.
Page 13
Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
82B Advertising of vacancies
If it is proposed to make an appointment under this Part to a
vacant position of a non-executive administrative officer, the
Commissioner:
(a) may advertise the vacancy (in such manner as the
Commissioner thinks fit) among police or administrative
officers (or only administrative officers) or generally, or
(b) may, in such cases as the Commissioner thinks appropriate
and with the approval of the Minister, appoint an
administrative officer without advertising the vacancy, or
(c) may, if there is an eligibility list that is current and
applicable to the position, appoint an administrative
officer from the list without advertising the vacancy.
82C Appointment on merit
(1) In deciding to appoint a person to a vacant non-executive position
of administrative officer which has been duly advertised:
(a) the Commissioner may only select a person who has duly
applied for appointment to the vacant position, and
(b) the Commissioner must, from among the applicants
eligible for appointment to the position, select the
applicant who has, in the opinion of the Commissioner, the
greatest merit.
(2) In deciding to appoint a person to a vacant non-executive position
of administrative officer which has not been duly advertised:
(a) the Commissioner may only select an administrative
officer, and
(b) the Commissioner must, from among the eligible officers,
select the officer who has, in the opinion of the
Commissioner, the greatest merit.
(3) Despite subsection (2), in deciding to appoint a person to a vacant
position as a non-executive administrative officer that has not
been advertised in accordance with this Act because it is an
eligibility list position, the Commissioner must, from among the
persons who are on the relevant eligibility list and who are
available for appointment, select the person with the greatest
merit according to the order of merit in that eligibility list.
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Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
(4) The Commissioner is, for the purpose of determining the merit of
the persons eligible for appointment to a vacant position of a
non-executive administrative officer under this section, to have
regard to:
(a) the nature of the duties of the position, and
(b) the abilities, qualifications, experience, standard of work
performance and personal qualities of those persons that
are relevant to the performance of those duties.
(5) If an administrative officer has a right of appeal to GREAT
against an officer the Commissioner has decided to appoint, the
appointment is not to be made (except by way of temporary
appointment under this Part):
(a) until the expiration of the time for lodging notice of such
an appeal, or
(b) if such a notice of appeal is lodged, until the Tribunal has
determined the appeal or the appeal is withdrawn.
(6) In this section:
eligibility list position means a position to which a current
eligibility list is applicable.
relevant eligibility list, in relation to a position, means an
eligibility list that is current and applicable to the position.
82D Temporary appointments
(1) The Commissioner may appoint an officer temporarily to a
position of a non-executive administrative officer if the position
is a vacant position or the holder is suspended, sick or absent.
(2) The Commissioner may, at any time, terminate a temporary
appointment under this section.
(3) Sections 82B and 82C do not apply to a temporary appointment
under this section.
82E Transfer of non-executive administrative officers
(1) If the Commissioner considers it to be in the interests of NSW
Police to do so, the Commissioner may transfer a non-executive
administrative officer from one non-executive administrative
officer position to another non-executive administrative officer
position or non-executive police officer position.
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Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
(2) Such a transfer may be made if:
(a) the position to which the officer is transferred entitles its
holder to the same level of remuneration as the officer's
former remuneration, or
(b) the position to which the officer is transferred entitles its
holder to a lower level of remuneration than the officer's
former remuneration and the officer consents to the
transfer at the lowest level of remuneration.
(3) A transfer under this section may be made only if the officer
possesses the qualifications determined by the Commissioner for
the other position.
(4) Sections 82B and 82C do not apply to a transfer under this
section.
82F Eligibility lists
(1) When a vacant position of a non-executive administrative officer
to which this section applies is advertised in accordance with this
Act, the Commissioner may, in connection with a determination
of the merit of the persons eligible for appointment to the
position, create an eligibility list for the position.
(2) An eligibility list for a position is a list of eligible applicants
(namely the persons who duly applied for appointment to the
position and are eligible for appointment) arranged in order of
merit as determined by the Commissioner.
(3) An eligibility list for a position remains current:
(a) in the case of a list prepared for a base grade or entry level
position of a non-executive administrative officer--for 12
months after the list was created, or
(b) in the case of a list prepared in relation to any other
position--for 6 months after the list was created.
(4) An eligibility list need not comprise all the eligible applicants so
long as the applicants on the list are those of greatest merit. An
eligibility list may even comprise only one eligible applicant so
long as that applicant is the applicant of greatest merit.
(5) An eligibility list is applicable not only to the position in relation
to which it was created but also to any other position that the
Commissioner determines it should be applicable to on the basis
that the position is substantially the same as the position in
relation to which the list was created.
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Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
(6) In this section:
base grade or entry level position means a position of
administrative officer to which no administrative officer,
employed in the same classification of work as that to which the
position relates, could be promoted.
82G Integrity matters
(1) It is the duty of the Commissioner before appointing a person to
a vacant position of a non-executive administrative officer, to
make inquiries (from any person or body the Commissioner
thinks appropriate), as to the person's integrity.
(2) It is the duty of the Commissioner, to have regard to any
information that comes to the Commissioner's attention (whether
as a result of inquiries under subsection (1) or otherwise) as to the
integrity of a person referred to in that subsection.
(3) The Police Integrity Commission is authorised (but not required)
to furnish a report to the Commissioner on any person the subject
of an inquiry under this section.
82H Vacation of non-executive administrative officer positions
(1) A non-executive administrative officer's position becomes
vacant if the officer:
(a) dies, or
(b) is removed from office, or retires or is retired from office,
under this or any other Act, or
(c) resigns his or her position in writing addressed to the
Commissioner.
(2) The retirement or resignation of a non-executive administrative
officer does not take effect until:
(a) the Commissioner accepts the retirement or resignation, or
(b) the officer has given the Commissioner at least 4 weeks'
notice in writing of the day on which the officer intends to
retire or resign and the officer is not under suspension from
office on that day.
82I Approval to engage in other paid employment
A non-executive administrative officer must not engage in any
paid employment outside the duties of his or her position without
the approval of the Commissioner.
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Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
82J Eligibility of non-executive administrative officers for appointment
to Public Service
(1) A non-executive administrative officer may apply for a position
in the Public Service as if the officer were an officer of the Public
Service.
(2) A non-executive administrative officer who applies for such a
position, or is appointed as an officer of the Public Service, is to
be taken (for the purposes of the Public Sector Employment and
Management Act 2002, the Government and Related Employees
Appeal Tribunal Act 1980 and the Industrial Relations Act 1996
and for any other purposes) to be an officer of the Public Service
in relation to the application or appointment.
Division 3 Promotion appeals by non-executive
administrative officers to GREAT
83 Appeal to GREAT against promotions of administrative officers
The provisions of the Government and Related Employees
Appeal Tribunal Act 1980 relating to promotion appeals apply to
non-executive administrative officers as if those officers were
employees, and the Commissioner were their employer, within
the meaning of that Act.
Part 6B Industrial matters relating to non-executive
officers
84 Application of Part
(1) This Part applies to all members of NSW Police (other than the
Commissioner, members of NSW Police Senior Executive
Service and temporary employees).
(2) In this Part:
non-executive officer means a member of NSW Police to whom
this Part applies.
85 Commissioner to be employer for industrial matters
The Commissioner is to be the employer of non-executive
officers for the purposes of any proceedings relating to
non-executive officers held before a competent tribunal having
jurisdiction to deal with industrial matters.
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Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
86 Commissioner may determine salary, wages etc
(1) The salary, wages or other remuneration of a non-executive
officer is, except in so far as provision is otherwise made by law,
such as may be determined from time to time by the
Commissioner.
(2) A non-executive officer may sue for and recover the amount of
the remuneration of the officer that is determined under this
section.
87 Commissioner may enter into agreements
(1) The Commissioner may enter into an agreement with any
association or organisation representing a group or class of
non-executive officers with respect to industrial matters.
(2) The Commissioner is not authorised to enter into such an
agreement with respect to a matter if the Industrial Relations
Commission does not have jurisdiction to make an award or order
with respect to that matter because of section 405 of the
Industrial Relations Act 1996.
(3) An agreement under this section binds all non-executive officers
in the class or group affected by the agreement, and no such
officer (whether a member of the association or organisation with
which the agreement was entered into or not) has any right of
appeal against the terms of the agreement.
88 Industrial arbitration or legal proceedings excluded in relation to
appointments
(1) The appointment of or failure to appoint a person to a vacant
non-executive position, or any matter, question or dispute
relating to such an appointment or failure, is not an industrial
matter for the purposes of the Industrial Relations Act 1996.
(2) Subsection (1) applies whether or not any person has been
appointed to a vacant non-executive position.
(3) No proceedings for an order in the nature of prohibition,
certiorari or mandamus, or for a declaration or injunction or for
any other relief, lie in respect of the appointment of or failure to
appoint a person to a vacant non-executive position, the
entitlement or non-entitlement of a person to be so appointed or
the validity or invalidity of any such appointment.
(4) Subsection (3) does not affect the operation of the Government
and Related Employees Appeal Tribunal Act 1980.
Page 19
Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
(5) The failure of a non-executive commissioned police officer to be
appointed for a further term of office as provided by section 75 is
for the purposes of this section taken to be a failure to appoint a
person to a vacant non-executive position.
(6) In this section:
non-executive position means the position of a member of NSW
Police to whom this Part applies.
vacant position, in relation to the position of a police officer or
an administrative officer, has the same meaning as it has in Parts
6 and 6A, respectively.
[6] Section 91A Appointment of long-term temporary employees to
permanent positions
Omit the definition of non-executive administrative position from section
91A (1).
Insert instead:
non-executive administrative position means a position of a
non-executive administrative officer (as defined in Part 6A).
[7] Section 183A Revocation of promotional appointment by Commissioner
Insert "(including obtaining a place on any relevant promotion list)" after
"promotion" where secondly occurring.
[8] Section 219 Regulations
Insert after section 219 (2) (k):
(l) a review of the promotion list system for the appointment
of non-executive police officers established by
amendments made by the Police Amendment (Police
Promotions) Act 2006.
[9] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Police Amendment (Police Promotions) Act 2006
Page 20
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Act 1990 Schedule 1
[10] Schedule 4
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Police Amendment (Police Promotions)
Act 2006
Definitions
In this Part:
amending Act means the Police Amendment (Police Promotions)
Act 2006.
pre-2006 promotion laws means this Act, and the Police
Regulation 2000, as in force before their amendment by the
amending Act.
promotion list has the same meaning as it has in Part 6 of this Act.
Application of pre-2006 appointment and promotion provisions
(1) The pre-2006 promotion laws continue to apply to or in respect
of the appointment of officers by way of promotion to positions
of the rank or grade within a rank of sergeant, senior sergeant,
inspector and superintendent (other than positions of executive
officers within the meaning of Part 5 of this Act).
(2) The pre-2006 promotion laws cease to so apply to or in respect of
appointments to positions of a particular rank or grade within a
rank when a promotion list is first established for that rank or
grade under this Act (as amended by the amending Act).
(3) Despite subclause (2), an appeal may be made and dealt with in
accordance with the pre-2006 promotion laws, in respect of an
appointment made under those laws, after they cease to apply.
(4) The application of this Act, as amended by the amending Act, to
a rank or grade within a rank for which a promotion list has been
established does not affect the continuing application of the
pre-2006 promotion laws to a rank or grade within a rank for
which a promotion list has not been established.
(5) This clause has effect subject to the regulations.
Preparation of first promotion lists
(1) Police officers may undertake qualification and assessment
procedures for placement on the first promotion lists for
particular ranks or grades within ranks.
Page 21
Police Amendment (Police Promotions) Bill 2006
Schedule 1 Amendment of Police Act 1990
(2) This Act, and the Police Regulation 2000, as amended by the
amending Act, apply to the extent necessary to enable the
establishment of the first promotion lists and qualification for
placement on those lists.
(3) To avoid doubt, a person who is undertaking qualification for
placement on a first promotion list for a rank may, before that list
is established, continue to apply for positions of that rank in
accordance with the pre-2006 promotion laws.
(4) This clause has effect subject to the regulations.
Eligibility lists
An eligibility list in force under section 67A immediately before
its repeal by the amending Act in respect of a position of an
administrative officer continues in force and is taken to have been
made under section 82F, as inserted by the amending Act.
Page 22
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Regulation 2000 Schedule 2
Schedule 2 Amendment of Police Regulation 2000
(Section 4)
[1] The whole Regulation
Omit "section 73" wherever occurring. Insert instead "section 80".
[2] Clause 6A Eligibility lists
Omit the clause.
[3] Clause 16 Promotion of constables
Omit clause 16 (2).
[4] Part 2, Divisions 2A2D
Omit Divisions 2A2C of Part 2. Insert instead:
Division 2A Appointment of sergeants
18A Application of Division
This Division applies to appointments by way of promotion
under Part 6 of the Act.
18B Requirements for appointment as sergeant
A person is not eligible to be appointed to a position of the rank
of sergeant (other than the grade of senior sergeant) unless the
person:
(a) is, or has previously been, permanently appointed to the
rank of sergeant or above, or
(b) is on the sergeants promotion list that is in force when the
appointment is made.
18C Requirements for appointment as senior sergeant
A person is not eligible to be appointed to the rank and grade of
senior sergeant unless the person:
(a) is, or has previously been, permanently appointed to the
grade of senior sergeant or a rank higher than sergeant, or
(b) is eligible for placement on the senior sergeants promotion
list that is in force when the appointment is made.
Page 23
Police Amendment (Police Promotions) Bill 2006
Schedule 2 Amendment of Police Regulation 2000
Division 2B Appointment of inspectors
18D Application of Division
This Division applies to appointments by way of promotion
under Part 6 of the Act.
18E Requirements for appointment as inspector
A person is not eligible to be appointed to a position of the rank
of inspector unless the person:
(a) is, or has previously been, permanently appointed to the
rank of inspector or above, or
(b) is on the inspectors promotion list that is in force when the
appointment is made.
Division 2C Appointment of superintendents
18F Application of Division
This Division applies to appointments by way of promotion
under Part 6 of the Act.
18G Requirements for appointment as superintendent
A person is not eligible to be appointed to a position of the rank
of superintendent unless the person:
(a) is, or has previously been, permanently appointed to the
rank of superintendent or above, or
(b) is on the superintendents promotion list that is in force
when the appointment is made.
Division 2D Promotion lists and reviews
18H Establishment of promotion lists
(1) A person may be placed on the promotion list for a rank or grade
within a rank of police officer if the person meets the
requirements for placement set out in this clause.
(2) A person is eligible to be placed on a promotion list (other than
the senior sergeants promotion list) if:
(a) the person has completed the required time at rank before
applying to complete the pre-qualifying assessment for
that rank or grade within a rank, and
Page 24
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Regulation 2000 Schedule 2
(b) the person has, within the last 3 years, obtained a mark in
the pre-qualifying assessment for that rank or grade within
a rank and has, on the basis of the person's mark in that
assessment, been determined by the Commissioner to meet
the quota requirements for selecting persons to proceed to
undertake the promotion examination and management
performance review for that rank or grade within a rank,
and
(c) the person has, within the last 3 years, completed the
promotion examination, and the management performance
review, for that rank or grade within a rank, and
(d) the person has, on the basis of the person's performance in
the pre-qualifying assessment and that examination and
review, been determined by the Commissioner to meet the
quota requirements for selecting persons to proceed to
undertake the eligibility program for that rank or grade
within a rank, and
(e) the person has, within the last 3 years, successfully
completed the eligibility program and obtained an
eligibility mark, as determined by the Commissioner, for
that rank or grade within a rank.
(3) The required time at rank for the purposes of subclause (2) is:
(a) in the case of a person applying for placement on the
sergeants promotion list--a period of, or periods totalling,
not less than 2 years at the rank of senior constable, and
(b) in the case of a person applying for placement on the
inspectors promotion list--a period of, or periods totalling,
not less than 2 years of appointment (including temporary
appointment under Part 6 of the Act or an appointment to
act in an executive position under the Act) at the rank of
sergeant or a higher rank, and
(c) in the case of a person applying for placement on the
superintendents promotion list-- a period of, or periods
totalling, not less than 2 years of appointment (including
temporary appointment under Part 6 of the Act or an
appointment to act in an executive position under the Act)
at the rank of inspector or a higher rank.
Page 25
Police Amendment (Police Promotions) Bill 2006
Schedule 2 Amendment of Police Regulation 2000
(4) A person is eligible to be placed on the senior sergeants
promotion list if:
(a) the person is on, or has received an eligibility mark for, the
sergeants promotion list and:
(i) the person applies for placement on the senior
sergeants promotion list, and
(ii) the person has, on the basis of the person's
performance in the eligibility program for the
sergeants promotion list, been determined by the
Commissioner to meet the quota requirements for
placement on the senior sergeants promotion list, or
(b) the person is a police officer of the rank of sergeant and:
(i) if required to do so by the Commissioner, the person
has successfully completed the senior sergeants
promotion examination and has, on the basis of the
person's performance in that examination, been
determined by the Commissioner to meet the quota
requirements to proceed to undertake the sergeants
eligibility program, and
(ii) the person has successfully completed the sergeants
eligibility program and obtained an eligibility mark,
as determined by the Commissioner, and
(iii) the person has, on the basis of the person's
performance in the eligibility program, been
determined by the Commissioner to meet the quota
requirements for placement on the senior sergeants
promotion list.
(5) A person who is qualified for more than one promotion list may
be placed on more than one promotion list at any one time.
18I Eligibility requirements
(1) The Commissioner may:
(a) determine quotas for the number of persons who may be
selected to attempt eligibility requirements for placement
on a promotion list in each year, and
(b) determine quotas for the number of persons who may be
placed on the senior sergeants promotion list in each year,
and
(c) from time to time determine the standard for successful
completion of an eligibility requirement.
Page 26
Police Amendment (Police Promotions) Bill 2006
Amendment of Police Regulation 2000 Schedule 2
(2) The Commissioner may from time to time determine the period
within which successive attempts to complete the same eligibility
requirement may be made and may limit the number of attempts
to successfully complete an eligibility requirement that a person
is permitted to make.
(3) In this Division:
eligibility requirement means any of the following:
(a) a pre-qualifying assessment,
(b) a promotion examination,
(c) a management performance review,
(d) an eligibility program.
18J Ranking on promotion lists
(1) Persons placed on a promotion list are to be ranked on that list in
order according to the eligibility mark of each person.
(2) The eligibility mark of a person on a promotion list is to be
determined for the person by the Commissioner on the basis of
marks determined for each eligibility requirement.
(3) The Commissioner may determine the weighting to be given to
each eligibility requirement for the purpose of calculating
eligibility marks for a promotion list.
18K Time for acceptance of promotion offers
A person who is on a promotion list and who is offered an
appointment to a rank or a grade within a rank to which the list
applies is taken to have refused the offer if the person fails to
accept the appointment within 72 hours of the offer being made,
or within such longer period as the Commissioner may allow in a
particular case.
18L Removal or suspension from list
(1) A police officer who is appointed by way of promotion to a rank
or grade within a rank to which a promotion list applies is to be
removed from the list.
(2) The Commissioner must notify a person in writing if the person
is suspended or removed from a promotion list on integrity
grounds.
Page 27
Police Amendment (Police Promotions) Bill 2006
Schedule 2 Amendment of Police Regulation 2000
18M Currency of promotion list
A promotion list remains current:
(a) for the period of 12 months after it is established, or
(b) until all persons on the list have been removed from the
list,
whichever occurs first.
18N Eligible persons to be included in replacement promotion lists
(1) A person who is on a promotion list for a rank or a grade within
a rank is to be included on any replacement promotion list, if the
person remains eligible to be placed on such a promotion list.
(2) A person may not be included in a replacement promotion list if
the person was last awarded an eligibility mark more than 3 years
before the promotion list is established.
[5] Clause 110
Insert after clause 109:
110 Review of promotion system
(1) The Minister is to review the promotion system established for
non-executive police officers by the amendments made to the Act
and this Regulation by the Police Amendment (Police
Promotions) Act 2006.
(2) The review is to be undertaken as soon as possible after 2 years
after the establishment of the first promotion list under that
system and is to be completed within 6 months.
Page 28
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