New South Wales Consolidated Acts

POLICE (SPECIAL PROVISIONS) ACT 1901 - SECT 101

101 Magistrates or Justices may appoint special constables

(1) In all cases where it appears to a Magistrate, or any two Justices, that any tumult, riot, or serious indictable offence has taken place, or may be reasonably apprehended in any city, town, or place, and he or they are of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and the security of their property, or for the apprehension of offenders, any Magistrate, or any two Justices, may nominate and appoint by precept in writing under his or their hands, so many as he or they think fit of the householders, or other persons (not legally exempt from serving the office of constable) residing in or near to such city, town, or place, to act as special constables for such time and in such manner as to the said Magistrate or Justices seems fit and necessary for the public peace, and for the protection of the inhabitants and the security of the property in or near such city, town, or place.

(1A) A Magistrate or any two Justices may, at the request of his employer, or of the council of an area within the meaning of the Local Government Act 1993 , and subject to the approval of the Commissioner of Police, in like manner nominate and appoint any person employed as a caretaker, night watchman, or in any similar capacity, or an officer of the Royal Society for the Prevention of Cruelty to Animals, New South Wales, or of any other association, organisation, society or body which has as one of its objects the promotion of the welfare of or the prevention of cruelty to animals and which is registered as a charity under the Charitable Collections Act 1934 , as amended by subsequent Acts, as a special constable for such time as such Magistrate or Justices may think fit. A Magistrate or any two Justices may:

(a) at the request of the Commissioner of Police nominate and appoint any person who is a member of the Australian Federal Police or the police force of the Australian Capital Territory or of any State of the Commonwealth of Australia as a special constable for the State of New South Wales for such time as such Magistrate or Justices may think fit,

(b) at the request of the Commissioner of Police and subject to the approval of the Minister nominate and appoint any person as a special constable for the State of New South Wales for such time as such Magistrate or Justices may think fit.

The provisions of this Part relating to special constables who have have been called out shall apply to all special constables appointed under this subsection from the time when such constables have taken the oath provided for in subsection (2).
The Commissioner of Police may, whenever he thinks fit, suspend or determine the services of any such special constable. Notice of such suspension or determination of service shall be forthwith sent by the Commissioner of Police to the Minister.

(2) The Magistrate or Justices who appoint any special constables by virtue of this Act are hereby authorised to administer to every person so appointed the following oath, that is to say:

I, A.B., do swear that I will well and truly serve our Sovereign Lord the King in the office of special constable for the [city, town, or place, as the case may be] without favour or affection, malice, or ill-will, and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of His Majesty’s subjects, and that while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law-So help me GOD.

(3) Whenever it is deemed necessary to nominate and appoint such special constables as aforesaid, notice thereof shall be forthwith transmitted by the said Magistrate or Justices to the Minister.

(4) Despite subsection (2), a person who is authorised to administer the oath, affirmation or engagement of the office of a member of a police force (including the Australian Federal Police) referred to in subsection (1A) (a) is authorised to administer to a member of that police force who is appointed as a special constable under that provision the oath referred to in subsection (2).