New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 24

24 Appointment of Commissioner

(1) The Commissioner of Police is to be appointed by the Governor on the recommendation of the Minister.

(2) It does not matter whether the person appointed is or is not already a member of the NSW Police Force.

(3) In particular, it does not matter whether the person appointed is or is not a police officer at the time of appointment.

(4) If it is proposed to make an appointment to the office of Commissioner, the Minister is required to invite applications for appointment to that office.

(5) However, the Minister is not required to invite applications for appointment if the Minister proposes to recommend the re-appointment of the person currently holding office as Commissioner.

(6) It is the duty of the Minister, before recommending the appointment of a person to the office of Commissioner:

(a) to make inquiries (from the Police Integrity Commission, and the Commander, Professional Standards Command, and from any other person or body the Minister considers appropriate) as to the person’s integrity, and

(b) to have regard to any information that comes to the Minister’s attention (whether as a result of inquiries under paragraph (a) or otherwise) as to the person’s integrity.

(7) 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 Minister (on the basis of the information available to the Commission or the Commander and without the need for any special investigation or inquiry) on the person the subject of an inquiry referred to in subsection (6) (a).

(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.

(10) The failure, refusal or inability of a person to provide the statutory declaration must not be taken into consideration for a purpose other than the assessment of the person’s eligibility to be appointed to the office of Commissioner.