New South Wales Consolidated Acts

POLICE ACT 1990

- As at 4 February 2008
- Act 47 of 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - NSW POLICE FORCE

   4.      Establishment of NSW Police Force
   5.      Composition of NSW Police Force
   6.      Mission and functions of NSW Police Force
   7.      Statement of values of members of NSW Police Force
   8.      Commissioner to manage and control NSW Police Force
   9.      (Repealed)
   10.     Positions in NSW Police Force
   11.     Designation of police officers
   12.     Ranks and grades of police officers
   13.     Oath to be taken by persons exercising police functions
   14.     Additional functions of police officers

   PART 3 - (Repealed)
   None

   PART 4 - THE COMMISSIONER OF POLICE

   24.     Appointment of Commissioner
   25.     Acting Commissioner
   26.     Term of appointment of Commissioner
   27.     Employment and remuneration of Commissioner
   28.     Removal of Commissioner
   29.     (Repealed)
   30.     Vacation of office by Commissioner
   31.     Delegation by Commissioner

   PART 5 - NSW POLICE FORCE SENIOR EXECUTIVE SERVICE

           Division 1 - Preliminary

   32.     Definitions

           Division 2 - Composition of NSW Police Force Senior Executive Service

   33.     Composition of NSW Police Force Senior Executive Service
   34.     Positions that may be determined to be executive positions
   35.     (Repealed)

           Division 3 - Appointment of executive officers

   36.     Appointments to executive positions
   37.     Acting appointments to executive positions
   38.     Advertising of vacancies
   38A.    (Repealed)
   39.     Appointment to be made on merit
   39A.    Eligibility lists

           Division 4 - Employment of executive officers

   40.     Term appointments
   41.     Employment of executive officers to be governed by contract of employment
   42.     Matters regulated by contract of employment
   43.     Performance reviews
   44.     Industrial arbitration and legal proceedings excluded

           Division 5 - Remuneration of executive officers

   45.     Definitions
   46.     Monetary remuneration and employment benefits for executive officers
   47.     Travelling and subsistence allowances etc

           Division 6 - Removal, retirement etc of executive officers

   48.     Definitions
   49.     Vacation of executive positions
   50.     Incapable executive officer may be retired
   51.     Removal of executive officers from office
   52.     Right to return to public sector for certain executive officers
   53.     Compensation where executive officer has no right to return to public sector
   54.     Election to take compensation

           Division 7 - General

   55.     Appointment of incumbent officers to executive positions
   56.     Incumbent officers-accrued leave
   57.     Change in status of positions
   58.     Change in title of positions
   59.     Approval to engage in other paid employment
   60.     Executive officer mobility
   61.     Operation of Part

   PART 6 - NON-EXECUTIVE POLICE OFFICERS

           Division 1 - Preliminary

   62.     Officers to whom Part applies
   63.     Definitions

           Division 2 - Appointment of non-executive police officers

   64.     Appointments to non-executive police officer positions
   65.     Filling non-executive positions by either police or administrative officers
   66.     Appointments to be made on merit
   66A.    Acting appointments to non-executive police officer positions
   67.     Temporary appointments
   68.     Statutory declaration as to misconduct
   69.     Transfer of non-executive police officers
   70.     Promotion lists
   71.     Integrity matters
   72.     Vacation of non-executive police officer positions
   72A.    Incapable non-executive police officer may be retired
   73.     Approval to engage in other paid employment

           Division 3 - Term of office of non-executive commissioned police officers

   74.     Five year term contracts
   75.     Entitlement to further terms
   76.     Ground for decision not to re-appoint
   77.     Performance reviews
   78.     Promotion, transfer and re-appointment following resignation
   79.     Powers of dismissal, removal and suspension not affected

           Division 4 - Appointment and promotion of constables

   80.     Appointment and promotion of constables

   PART 6A - NON-EXECUTIVE ADMINISTRATIVE OFFICERS

           Division 1 - Preliminary

   81.     Officers to whom Part applies
   82.     Definitions

           Division 2 - Appointment of non-executive administrative officers

   82A.    Appointments to non-executive administrative officer positions
   82B.    Advertising of vacancies
   82C.    Appointment on merit
   82D.    Acting appointments to non-executive administrative officer positions
   82E.    Transfer of non-executive administrative officers
   82F.    Eligibility lists
   82G.    Integrity matters
   82H.    Vacation of non-executive administrative officer positions
   82HA.   Incapable non-executive administrative officer may be retired
   82I.    Approval to engage in other paid employment
   82J.    Eligibility of non-executive administrative officers for appointment to Public Service

           Division 3 - Promotion appeals by non-executive administrative officers to GREAT

   83.     Appeal to GREAT against promotions of administrative officers

   PART 6B - INDUSTRIAL MATTERS RELATING TO NON-EXECUTIVE OFFICERS

   84.     Application of Part
   85.     Commissioner to be employer for industrial matters
   86.     Commissioner may determine salary, wages etc
   87.     Commissioner may enter into agreements
   88.     Industrial arbitration or legal proceedings excluded in relation to appointments
   89.     (Repealed)

   PART 7 - TEMPORARY EMPLOYEES OF NSW POLICE FORCE

   90.     Appointment of temporary employees
   91.     Period of employment
   91AA.   Employment after selection on merit
   91A.    Appointment of long-term temporary employees to permanent positions

   PART 8 - GENERAL PROVISIONS RELATING TO EMPLOYMENT OF ALL MEMBERS OF NSW POLICE FORCE
   Note

           92, 93. (Repealed)
   94.     Requirements as to citizenship
   94A.    (Repealed)
   95.     Arrangements for use by NSW Police Force of staff of other agencies
   95A.    Arrangements for use by other agencies of members of NSW Police Force
   96.     (Repealed)
   96A.    Finger printing and hand printing of applicants-police officers
   97.     Periodic financial and integrity statements to be furnished
   97A.    Confidentiality of financial statements
   98.     Recognition of commissioned officers
           99-120. (Renumbered)

   PART 8A - COMPLAINTS ABOUT CONDUCT OF POLICE OFFICERS

           Division 1 - Preliminary

   121.    Definitions
   122.    Application of Part to certain complaints
   123.    Application of Part to former police officers
   124.    Application of Part to anonymous complainants
   125.    Relationship with Police Integrity Commission Act 1996

           Division 2 - Procedure for making complaints

   126.    Right to make complaint
   127.    Making of complaints

           Division 3 - Complaints information system

   128.    Complaints information system
   129.    Registration of complaints

           Division 4 - Reference of complaints between authorities

   130.    Complaints received by Commissioner
   131.    Complaints received by Police Integrity Commission
   132.    Complaints received by Ombudsman
   133.    Complaints lodged at Local Courts
   134.    Complaints referred by ICAC or NSW Crime Commission
   135.    Complaints referred by Minister
   136.    Complaints made by member of Parliament
   137.    Multiple handling of complaints
   138.    Action on complaint not affected by failure to comply with Division

           Division 5 - Investigation by Commissioner

   139.    Decision of Commissioner as to investigation of complaint
   140.    Decision of Ombudsman as to investigation of complaint
   141.    Factors affecting decision as to investigation of complaint
   142.    Ombudsman may request further information from complainant
   143.    Ombudsman may request further information from other persons
   144.    Investigation of complaints
   145.    Conduct of investigation
   146.    Ombudsman may monitor investigation
   147.    Ombudsman’s and Commissioner’s reports to complainant
   148.    Proceedings to be instituted if warranted
   148A.   Commissioner or Ombudsman may decide to take no further action
   149.    Other police investigations not affected

           Division 6 - Procedures following investigation by Commissioner

   150.    Information to be sent to complainant and Ombudsman
   151.    Ombudsman may request information concerning complaint and conduct complained of
   152.    Ombudsman may request information concerning investigation of complaint
   153.    Ombudsman may request further investigation of complaint
   154.    Ombudsman may request review of Commissioner’s decision on action to be taken on complaint
   155.    Ombudsman may report on Commissioner’s decision on Ombudsman’s request

           Division 7 - Investigation by Ombudsman

   156.    Investigation of complaint under Ombudsman Act 1974
   157.    Report following Ombudsman’s investigation
   158.    Notification of proposed action on reports
   159.    Investigation of conduct not the subject of a complaint

           Division 8 - Additional provisions concerning Ombudsman

   160.    Inspection of records and reports
   161.    Special reports by Ombudsman
   161A.   Ombudsman may omit matter from reports
   162.    Consultation with Minister
   163.    Ombudsman not to publish certain information
   164.    Application of section 34 of Ombudsman Act 1974
   165.    Ombudsman and officers of Ombudsman not competent or compellable witnesses in respect of certain matters
   166.    Limitation on delegation of functions by Ombudsman
   167.    Exercise of Ombudsman’s functions by officers of Ombudsman

           Division 9 - Miscellaneous

   167A.   Offence of making false complaint about conduct of police officer or giving false information
   168.    (Repealed)
   169.    Provisions relating to reports furnished to Parliament
   169A.   Identity of complainant not to be disclosed
   170.    Certain documents privileged
   171.    Part not to affect police officers’ other powers and duties
   172.    Use of Federal and interstate police for investigations

   PART 9 - MANAGEMENT OF CONDUCT WITHIN NSW POLICE FORCE

           Division 1 - Misconduct and unsatisfactory performance

   173.    Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance

           Division 1A - Review of Commissioner’s order under Division 1

   174.    Review generally
   175.    Proceedings on a review
   176.    Conciliation of applications
   177.    Arbitration where conciliation unsuccessful
   178.    Rules of evidence and legal formality
   179.    Application of Industrial Relations Act 1996
   180.    Matters relating to evidence
   181.    Application of Division to both reviews and appeals from review decisions
           181A-181C. (Repealed)

           Division 1B - Summary removal of police officers in whom Commissioner does not have confidence

   181D.   Commissioner may remove police officers

           Division 1C - Review of Commissioner’s decision under Division 1B

   181E.   Review generally
   181F.   Proceedings on a review
   181G.   Application of Industrial Relations Act 1996 to reviews
   181H.   Commissioner and members of Commissioner’s Advisory Panels compellable witnesses only by leave
   181I.   Matters relating to evidence
   181J.   Application of Division to both reviews and appeals from review decisions

           Division 1D - Constitution of Industrial Relations Commission for the purposes of proceedings under this Part

   181K.   Constitution of Commission for the purposes of Division 1C

           Division 2 - Resignation of police officers on recommendation of Police Integrity Commission

   182.    Acceptance of resignation of police officers in certain cases
   183.    (Repealed)

           Division 2A - Revocation of promotional appointment because of misconduct in obtaining promotion

   183A.   Revocation of promotional appointment by Commissioner
   183B.   Making of revocation orders
   183C.   Effect of revocation order
   183D.   Review of revocation orders
   183E.   Restriction on delegation of Commissioner’s functions

           Division 3 - Miscellaneous provisions

   184.    Conduct and performance of administrative officers
   184A.   Consultation with Police Integrity Commission before certain action is taken
   185.    Disciplinary appeals to GREAT by non-executive administrative officers
   186.    Appeal to GREAT relating to leave when hurt on duty
   187.    Transitional

   PART 9A - (Repealed)
   None

   PART 10 - OFFENCES RELATING TO NSW POLICE FORCE

   200.    Bribery or corruption
   201.    Neglect of duty etc
   202.    Admission to NSW Police Force as police officer under false pretences
   203.    Wearing or possession of police uniforms by others
   204.    (Repealed)
   204A.   Use of “police” in operating name
   204B.   Consents for the purposes of section 204A
   205.    Use of police designations by others
   206.    Protection against reprisals
   207.    Proceedings for offences

   PART 10A - INTEGRITY TESTING OF POLICE OFFICERS

   207A.   Commissioner may conduct integrity testing programs

   PART 11 - CHARGES FOR POLICE SERVICES

   208.    Charges payable for attendance at sporting events, escorts and other services
   209.    Charges payable for false security alarms
   210.    Recovery of charges
   211.    Waiver or reduction of charges

   PART 12 - MISCELLANEOUS

   211A.   Testing of police officers for alcohol and prohibited drugs
   211AA.  Testing of officers for steroids
   211AB.  Testing of police officers for gunshot residue
   211B.   Code of behaviour regarding the consumption of alcohol and the use of prohibited drugs or steroids
   211C.   Reviews of certain decisions under Act by Administrative Decisions Tribunal
   211D.   Use of statements made by police officers during alternative dispute management procedures
   211E.   Disclosure of information concerning former Police Board functions
   212.    Crown bound by this Act
   213.    Protection from personal liability
   214.    Repute to be evidence of appointment of police officer
           215, 216. (Repealed)
   216AA.  Special risk benefit where student of policing hurt while undergoing police education
   216A.   Determination by District Court
   217.    Ministerial inquiries
   218.    Industrial Relations Act 1996 not affected
   218A.   Police Band
   219.    Regulations
   220.    Repeals
   221.    Savings, transitional and other provisions
   222.    Review of Act
   223.    Review of Commissioner’s powers
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4