POLICE ACT 1990 - As at 5 December 2023 - Act 47 of 1990
POLICE ACT 1990
- As at 5 December 2023
- 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
6A. Functions under Law Enforcement Conduct Commission Act 2016
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 (Repealed)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PART 3 - (Repealed)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
28A. Declaration as "unattached" officer
29. (Repealed)
30. Vacation of office by Commissioner
31. Delegation by Commissioner
PART 5 - NSW POLICE FORCE SENIOR EXECUTIVES
32. NSW Police Force senior executives
33. Appointment of senior executives
34. Integrity matters
35. Kinds of employment
36. Employment in bands and assignment to roles
37. Government sector employment rules and employment directions
38. Contract of employment
39. Remuneration, benefits and allowances
39A. (Repealed)
40. Termination of employment
41. Compensation for termination of employment
42. Industrial or legal proceedings excluded
43-61. (Repealed)
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 officers or non-executive administrative employees
66. Appointments and promotion appointments to be made on merit
66AA. Promotion appointments to specialist positions
66AB. Promotion appointments to specialist positions requiring specific qualifications--provisional appointments
66AC. Appointments--senior sergeants
66A. Acting appointments
67. (Repealed)
68. Declaration as to misconduct
69. Transfer of non-executive police officers
70. (Repealed)
71. Integrity matters
72. Vacation of non-executive police officer positions
73. Regulations relating to promotion of non-executive police officers
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 EMPLOYEES
81. Application of Part
81A. Kinds of employment
81B. Integrity matters
81C. Employment in classifications of work
81D. Assignment of roles in work classifications
81E. Termination of employment
81F. Government sector employment rules relating to employment of non-executive administrative employees
81G. Employment of special constables
82-83. (Repealed)
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 or legal proceedings excluded
89. (Repealed)
PART 7 - (Repealed)
None
PART 8 - GENERAL PROVISIONS RELATING TO EMPLOYMENT OF ALL MEMBERS OF NSW POLICE FORCE
Note
92, 93. (Repealed)
93A. Conditions of engagement of administrative employees
94. Requirements as to citizenship
94A. (Repealed)
94B. Retirement on medical grounds
94C. Resignation or retirement
94D. Approval to engage in other paid employment
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
95B, 96. (Repealed)
96A. Finger printing and hand printing of applicants--police officers
96B. Vetting of prospective members of NSW Police Force or consultants
96C. Safeguards relating to use of vetting information
96D. Secrecy--review information
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, ADMINISTRATIVE EMPLOYEES AND THE NSW POLICE FORCE
Division 1 - Preliminary
121. Interpretation
122. Application of Part to certain complaints and misconduct information
123. Relationship with Law Enforcement Conduct Commission Act 2016
Division 2 - Procedure for making complaints
124. Making of complaints to Commissioner
125. Complaint to be in writing
126. Anonymous complaints
127. Complaints made by prisoners
127A. Member of Parliament may make complaint on behalf of a complainant
Division 3 - Misconduct matters information system
128. Misconduct matters information system
129. Registration of misconduct matters
Division 4 - Dealing with misconduct matters
130. Notices about police and administrative employee misconduct matters received by Commissioner
131. Dealing with misconduct matters
132. Factors affecting decision about investigation of or other dealing with police or agency misconduct matter
133. Decision of Commissioner as to investigation of notifiable misconduct matter concerning police misconduct or officer or agency maladministration
Division 5 - Action with respect to police and agency misconduct matters
134. Application of Division
135. Investigation of police and agency misconduct matters by Commissioner
136. Conduct of investigation
Division 6 - Miscellaneous provisions relating to investigations under this Part
137. Information to be sent to complainant (if any) and LECC
138. Commissioner's progress reports to complainant
139. Proceedings may be instituted if warranted
140. Commissioner may decide to take no further action
141. Other police investigations not affected
142. Action on misconduct matter not affected by failure to comply with Part
143-155. (Repealed)
Divisions 7, 8 - (Repealed)
Division 9 - Miscellaneous
167A. Offence of making false complaint about conduct of police officer or giving false information about misconduct matter
168, 169. (Repealed)
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 LECC
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. (Repealed)
184A. Consultation with LECC before certain action is taken
185. Disciplinary appeals to Industrial Relations Commission by non-executive administrative employees
186. Appeal to Industrial Relations Commission relating to leave when hurt on duty
187. Transitional
PART 9A - (Repealed)
None
PART 9B - POLICE OFFICERS--DEATH AND DISABILITY
199A. Definitions
199B. Police officers excluded from this Part
199C. Approved death and disability insurance policy to be taken out on behalf of police officers
199D. Approved death and disability insurance policy
199E. Contribution by State to cost of approved insurance policy
199F. Contributions by police officers to cost of approved insurance policy
199G. Regulations relating to death or disability of police officers
199H. Other entitlements not affected
199I. Rescission of Crown Employees (Police Officers Death and Disability) Award 2005
199J. Rescission of workers compensation top-up provisions of Crown Employees (Police Officers - 2009) Award
199K. Savings and transitional arrangements
199L. Review of costs of scheme and advice to Minister and Treasurer
199M. Review of effectiveness of scheme by Auditor-General
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 10B - RECOGNISED LAW ENFORCEMENT OFFICERS
207B. Appointment of recognised law enforcement officers
207C. Variation and revocation of appointment and imposition of conditions
207D. Oath or affirmation by recognised law enforcement officers
207E. Recognised law enforcement officers to have police functions
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. Administrative reviews of certain decisions under Act by Civil and Administrative Tribunal
211D. Use of statements made by police officers during alternative dispute management procedures
211E. Disclosure of information concerning former Police Board functions
211F. Members of NSW Police Force under duty to report misconduct of police officers
211G. Referral of other misconduct matters to Commissioner
211H. Exchange of information
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
