New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 51

51 Removal of executive officers from office

(1) An executive officer may be removed from office at any time for any or no reason and without notice:

(a) by the Governor on the recommendation of the Commissioner, in the case of a Deputy Commissioner or Assistant Commissioner, or

(b) by the Commissioner, in any other case.

(1A) A recommendation referred to in subsection (1) (a) may not be submitted to the Governor except with the approval of the Minister.

(2) The Commissioner:

(a) may declare an executive officer who is removed from an executive position under subsection (1) to be an unattached officer in the NSW Police Force, and

(b) may revoke any such declaration.

(3) While a declaration under subsection (2) remains in force, the person to whom the declaration relates:

(a) is to be regarded as an executive officer, although not holding an executive position, and

(b) is entitled to monetary remuneration and employment benefits as if the person had not been removed from his or her position, and

(c) is, for the purposes of section 87 of the Public Sector Employment and Management Act 2002 , to be regarded as holding an equivalent (though notional) executive position in the NSW Police Force.

(4) If:

(a) an executive officer is removed from an executive position under subsection (1) and a declaration is not made in relation to the officer under subsection (2), or

(b) a declaration under subsection (2) made in relation to an executive officer is revoked,

the officer ceases to be an executive officer, unless appointed to another executive position.

(5) A member of the NSW Police Force who ceases to be an executive officer because of subsection (4) ceases to be a member of the NSW Police Force, unless appointed to another position in the NSW Police Force.

(6) The making of a declaration under subsection (2) in relation to an executive officer does not prevent the officer from ceasing to be an executive officer because of the completion of the officer’s term of office.

(7) This section does not prevent an executive officer being removed from office apart from this section.