Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to make miscellaneous amendments to the Police Act 1990
and the Police Integrity Commission Act 1996 arising out of a statutory review of the
Police Act 1990.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Police Act
1990 (the Police Act) set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Police
Integrity Commission Act 1996 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Police Act 1990
Consistency with Public Sector Employment and Management Act 2002
The statutory review of the Police Act recommended that certain provisions of that
Act be amended to align them with similar provisions in the Public Sector
Employment and Management Act 2002, including provisions about the appointment
of staff. The amendments set out below generally make changes so as to reflect
provisions of that Act.

Schedule 1 [1] amends section 25 of the Police Act to provide that an acting
Commissioner of Police is to be appointed by the Minister, rather than by the
Governor on the recommendation of the Minister. The amendment also enables an
acting Commissioner to be appointed if the Commissioner is suspended. Schedule
1 [2] makes a consequential amendment.

Schedule 1 [3] amends section 26 of the Police Act to enable the Commissioner to
be re-appointed before his or her term of office expires.

Schedule 1 [4] amends section 37 of the Police Act to enable an allowance to be paid
to a police officer who is exercising all or any of the functions of a position, even
though the person has not been appointed to act in the position.

Schedule 1 [5] amends section 40 of the Police Act to enable an executive officer to
be re-appointed before his or her term of office expires.

Schedule 1 [6] amends section 41 of the Police Act to provide that a contract of
employment of an executive officer may constitute an instrument of appointment.

Schedule 1 [7] inserts proposed section 50 into the Police Act to empower the
Commissioner to retire an executive officer who is found on medical grounds to be
unfit to discharge or incapable of discharging the duties of the officer’s position.

Schedule 1 [8] inserts proposed section 66A into the Police Act. The proposed
section provides for the appointment of officers to act in non-executive police officer
positions if the positions are vacant or the holders are suspended, sick or absent.

Currently, this situation is dealt with by way of temporary appointments.

Schedule 1 [12] amends section 72 of the Police Act to provide that the position of
a non-executive police officer becomes vacant if the officer abandons his or her
employment in the NSW Police Force.

Schedule 1 [13] inserts proposed section 72A into the Police Act to empower the
Commissioner to retire a non-executive police officer who is found on medical
grounds to be unfit to discharge or incapable of discharging the duties of the officer’s
position.

Schedule 1 [14] substitutes section 82D of the Police Act. The proposed section
provides for the appointment of officers to act in non-executive administrative
officer positions if the positions are vacant or the holders are suspended, sick or
absent. Currently, this situation is dealt with by way of temporary appointments.

Schedule 1 [15] amends section 82H of the Police Act to provide that the position of
a non-executive administrative officer becomes vacant if the officer abandons his or
her employment in the NSW Police Force.

Schedule 1 [16] inserts proposed section 82HA into the Police Act to empower the
Commissioner to retire a non-executive administrative officer who is found on
medical grounds to be unfit to discharge or incapable of discharging the duties of the
officer’s position.

Schedule 1 [17] amends section 90 of the Police Act to set out circumstances when
a person may be employed as a temporary employee and to make it clear that such
employment is subject to any other provisions of the Act concerning the employment
of temporary employees. Schedule 1 [9]–[11] make consequential amendments.

Schedule 1 [18] inserts proposed sections 91 and 91AA into the Police Act. Proposed
section 91 stipulates a maximum period for temporary employment at any one time
of 3 years (rather than the current period of 4 months) and provides for
re-employment of a temporary employee to be in accordance with guidelines issued
by the Commissioner. Proposed section 91AA limits the employment of temporary
employees for periods of 12 months or more to employees selected on merit.

Schedule 1 [19] inserts a note to Part 8 of the Police Act relating to provisions of the
Public Sector Employment and Management Act 2002 that apply to members of the
NSW Police Force.

Complaints against police
Schedule 1 [20] amends section 129 of the Police Act to make it clear that complaints
made directly to the Police Integrity Commission (the PIC) or the Ombudsman are
not required to be entered into the complaints information system unless the PIC or
the Ombudsman so directs.

Schedule 1 [21] amends section 144 of the Police Act to make it clear that the power
to investigate a complaint includes the power to take any action necessary to resolve
the complaint in the manner that the Commissioner thinks fit, including using
alternative dispute management procedures.

Schedule 1 [22] substitutes section 148A of the Police Act. The proposed section
confers on the Commissioner an express power to decide to take no further action in
relation to a complaint.

Schedule 1 [23] amends section 154 of the Police Act to enable the Ombudsman to
request the Commissioner to review a decision to take no further action in relation to
a complaint.

Functions of Ombudsman relating to complaints
Currently, the Ombudsman may make a special report to Parliament at any time
about any matter connected with the exercise of the Ombudsman’s functions under
the Police Act relating to complaints.

Schedule 1 [24] amends section 160 of the Police Act to enable the Ombudsman to
report to the Minister and the Commissioner on any such matter.

Schedule 1 [25] inserts proposed sections 161 and 161A into the Police Act.

Proposed section 161 re-enacts the provisions relating to special reports to
Parliament. Proposed section 161A enables the Ombudsman to omit police
information, and requires the Ombudsman to omit critical police information, from
copies of reports given to complainants or police officers. The amendment also
removes a requirement that the Ombudsman prepare and supply certain pamphlets.

Schedule 1 [26] amends section 162 of the Police Act to enable the Ombudsman to
consult with the Minister about other matters, in addition to complaints, related to the
exercise of the Ombudsman’s functions under Part 8A of that Act.

Schedule 1 [27] amends section 163 of the Police Act to enable the Ombudsman to
publish police information (including critical police information) to the Minister as
well as the Commissioner.

Savings and transitional provisions
Schedule 1 [28] amends Schedule 4 to the Police Act to enable the making of
regulations containing savings and transitional provisions consequential on the
enactment of the proposed Act.

Schedule 1 [29] amends Schedule 4 to the Police Act to insert a transitional provision
consequent on the enactment of the proposed Act.

Schedule 2 Amendment of Police Integrity
Commission Act 1996
The Schedule amends the Police Integrity Commission Act 1996 to make the
following amendments consequential on the amendments made to the Police Act by
Schedule 1:

(a) an amendment providing for the Police Integrity Commission to notify the
Commissioner of Police instead of the Ombudsman of the completion of an
investigation into a police complaint or a decision to discontinue an
investigation (Schedule 2 [1]),

(b) an amendment enabling the making of regulations containing savings and
transitional provisions consequential on the enactment of the proposed Act
(Schedule 2 [2]),

(c) an amendment inserting a transitional provision consequent on the enactment
of the proposed Act (Schedule 2 [3]).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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