New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 39

39 Appointment to be made on merit

(1) In deciding to make a recommendation for the appointment of, or to appoint, a person to a vacant executive position 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 make a recommendation for the appointment of, or to appoint, a person to a vacant executive position which has not been duly advertised:

(a) the Commissioner may only select a member of the NSW Police Force who is a police officer, an administrative officer or a temporary employee whose employment as such an employee falls within a continuous employment period of at least 2 years (as the case requires), and

(b) the Commissioner must, from among the eligible members of the NSW Police Force, select the member who has, in the opinion of the Commissioner, the greatest merit.

(2A) The Commissioner is, for the purpose of determining the merit of the persons eligible for appointment to a vacant executive position under this section, to have regard to:

(a) the nature of the duties of the position, and

(b) the qualifications, experience, standard of work performance and capabilities of those persons that are relevant to the performance of those duties.

(3) It is the duty of the Commissioner, before recommending the appointment of, or appointing, a person to a vacant executive position:

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

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

(4) 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 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 (3) (a).

(5) As soon as practicable after a person is appointed to a vacant executive position, the Commissioner is required to notify the Police Integrity Commission of the identity of the person so appointed.

(5A) The Commissioner must, before recommending the appointment of, or appointing, a person to a vacant executive position:

(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.

(5B) A person who fails or refuses, or who is unable, to provide a statutory declaration in accordance with a requirement made under subsection (5A) is ineligible for appointment to the position concerned.

(5C) The failure, refusal or inability of a person to provide a statutory declaration in accordance with a requirement made under subsection (5A) must not be taken into consideration for a purpose other than the assessment of the person’s eligibility to be appointed to the position concerned.

(5D) Subsections (5A)-(5C) do not apply in relation to a person who has applied for appointment to a vacant executive position who is not, and has never been, a police officer (whether a member of the NSW Police Force, or the Police Force, by whatever name described, of another State or Territory, or of another country).

(6) If the vacant executive position is that of the Commander, Professional Standards Command, the functions of that Commander under this section are to be exercised by a Deputy Commissioner nominated by the Commissioner.