NORTHERN TERRITORY OF AUSTRALIA POLICE ADMINISTRATION ACT As in force at 1 July 2008 TABLE OF PROVISIONS Part I Preliminary 1 Short title 1 2 Commencement 1 3 Repeal and savings 1 4 Interpretation 1 Part II Police Force of the Northern Territory Division 1 Establishment of Police Force 5 Northern Territory Police Force 5 6 Constitution of Police Force 6 Division 2 Commissioner, Deputy and Assistant Commissioners 7 Commissioner of Police and Deputy Commissioner of Police 6 8 Assistant Commissioner of Police 6 9 Remuneration of Commissioner, &c. 6 10 Retirement 7 11 Resignation 7 12 Acting Commissioner, &c. 7 13 Interim vacancies 8 14 Control and management of Police Force 9 14A General orders 9 14B Commissioner may transfer members 10 14C Disciplinary procedures 10 Division 3 Appointment, resignation and dismissal of members 15 Commissioner may determine establishment of Police Force 10 15A Merit for appointment or promotion 10 16 Commissioner may appoint or promote members 11 16A Members on probation 11 16AA Issue of commission 13 16AAA Term or contract employment 13 17 Requirements for appointment to rank other than constable 14 17A Allowance for member having special qualifications 15 18 Police Cadets 16 19 Aboriginal Community Police and auxiliaries 16 20 Resignation 17 21 Reappointment of person who resigned to contest elections 17 22 Retirement 18 25 Function of members 18 26 Members to take oath 18 27 Oath binding on members 19 28 Members to serve the Crown 19 Division 4 Appointment and duties of Special Constables generally 29 Appointment of police of other jurisdictions as Special Constables 19 30 Appointment of other persons as Special Constables 20 31 Revocation of appointment 20 32 Special Constable to take oath or make affirmation 20 33 Evidence of appointment 20 34 Neglect of duty 21 Division 5 Special Constables and urgent cross-border assistance 34A Definitions 21 34B Declaration of incident requiring urgent cross-border assistance 21 34C Extension of declaration 22 34D Appointment of Special Constables 22 34E Oath or affirmation 22 34F Termination of appointment 23 Part III Conditions of service of members of Police Force Division 1 Police Arbitral Tribunal 35A Definitions 23 35 Establishment of Tribunal 24 36 Constitution of Tribunal 24 36A Deputy members 24 36B Commissioner and Association to recommend certain members of Tribunal 25 37 Duration of appointment 26 37A Members and deputy members to take oath or affirmation 26 38 Procedures 26 39 Secretary to the Tribunal 27 40 Meetings may be requested 27 40A Attempts at conciliation to be made 27 40B Conciliation 27 40C Referral of matters to Tribunal 28 40D Panel of conciliators 29 42 Gazettal of determinations 29 43 Determination binding on all parties 29 44 Interpretation of determination 30 45 Witnesses 30 46 Oaths 30 47 Failure to answer summons 30 48 Offences by witnesses 31 49 Perjury 31 50 Protection of members of Tribunal 31 50A Appeals to Supreme Court 31 Division 2 Consent agreements 51 Parties to consent agreement 31 52 Consent agreements to be in writing 32 53 Certification of consent agreements by Tribunal 32 54 Consent agreement binding on all parties 32 55 Consent agreement to be notified in the Gazette 32 56 Duration of consent agreement 33 57 Effect of consent agreement of the Tribunal 33 Part IV Discipline Division 1 Duties and obligations of members 76 Breaches of discipline 33 76A Suspension of member facing criminal charges 34 77 Effect of pending criminal proceedings 34 Division 2 Public interest dismissal 78 Dismissal 34 Division 3 Disciplinary powers generally 79 Service of notice for alleged breach of discipline 34 80 Action pending decision on alleged breach of discipline 35 81 Member's response to notice for alleged breach of discipline 35 82 Conduct of investigation 37 83 Medical examinations 37 84 Outcome of investigation 38 84A Charge of breach of discipline 38 84B Conduct of hearing 38 84C Action that may be taken after hearing 39 84D Order of Commissioner or prescribed member 40 84E Review of actions taken or fines imposed 41 Division 4 General 84F Notices 41 84G Payment of salary during suspension 42 84H Payment, &c., where no disciplinary action taken or appeal allowed 42 84J Payment of fines and amount of money 42 Part V Inability of member to discharge duties 87 Inability of member to discharge duties 42 88 Review of grounds 43 89 Action following review 44 90 Stand-down during review under section 88 44 91 Medical incapacity 45 Part VI Appeals Division 1 Promotion Appeals 92 Promotion Appeals 46 93 Promotions Appeal Boards 47 Division 2 Inability and disciplinary appeals 94 Inability or disciplinary appeals 49 95 Procedure, &c., of appeals 50 Division 3 General 96 Person to answer questions 52 97 Staff of Appeal Boards 52 98 Serving member on Appeal Board to be considered on duty 53 99 Disclosure of interests 53 100 Communication of Appeal Board matters 53 101 Protection of members, parties and witnesses 53 Part VIA Use of dangerous drugs for training Division 1 Preliminary matters 102 Object of Part 54 103 Definitions 54 Division 2 Administrative matters 104 Agency arrangement 55 105 Drug training direction 56 106 Drug control officer 57 Division 3 Keeping dangerous drugs for use in training 107 When dangerous drugs may be kept for training 57 108 Requirements for keeping dangerous drugs for training 58 Division 4 Register of dangerous drugs used for training 109 Register 59 110 Information to be recorded in register 60 111 Restriction on access to information in register 61 Part VII Police powers Division 1 Preliminary 116 Interpretation 62 Division 1A Use of dogs and horses 116A Definitions 65 116B Extended application of Division 65 116C Authority to use police dogs and police horses 66 116D Authority for entry of police dogs and police horses 66 116E Control of police dogs and police horses 66 116F Reasonable grounds for search without warrant on indication of detection dog 67 116G Protection from liability for use of police dog or police horse 67 116H Non-application of certain laws 68 Division 2 Search and entry 117 Search warrants 68 118 Search warrant may be issued by telephone 69 118A Seizure authorised under search warrant 71 119 Urgent searches without warrant 71 119AA Search without warrant for explosive, offensive weapon etc. 72 119A Powers incidental to search and entry powers 73 120 Power of police to enter place used for entertainment 74 Division 2A Special provisions about dangerous drugs 120A Definitions 74 120B Search warrants 75 120BA Seizure 77 120BB Seizure authorised under search warrant 78 120C Searching without warrant 78 120D Use of reasonable force 79 120E Search of females 79 Division 3 Arrest 121 Arrest warrants 79 122 Arrest warrant may be issued by telephone 81 123 Arrest without warrant by members of Police Force 82 124 Arrest of person where warrant issued 82 125 Power to arrest interstate offenders 83 126 Power to enter to make arrest or preserve peace 83 127 Persons to be informed of reason for arrest 84 Division 4 Apprehension without arrest 127A Definition 85 128 Circumstances in which a person may be apprehended 85 129 Period of apprehension 86 130 Protection of apprehended person 86 131 Release 86 132 Continued detention of person taken into custody under section 128 87 133 Application to member for release 88 Division 4A Notice to appear before Court 133A Definitions 89 133B Member may issue and serve notice to appear 89 133C Form of notice to appear 89 133D Notice to appear to be filed 90 133E Person to be given complaint or information 90 Division 5 Furnishing of name and address 134 Requirement to furnish names and addresses 90 135 Disclosure of names 91 Division 6 Bringing detained person before a justice or court and obtaining evidence, &c., after taking into custody 136 Application 91 137 Time for bringing person before justice or court generally 91 138 Determining reasonable period during which person detained, &c., to be brought before justice or court 92 138A Time for holding intoxicated person before charging and bringing before justice or court 94 Division 6A Recording of confessions and admissions 139 Definition 94 140 Person to be warned and given opportunity to inform friend or relative of person's whereabouts 95 141 Warning and offer of facilities to communicate to be tape-recorded 95 142 Electronic recording of confessions and admissions 96 143 Certain evidence may be admitted 97 Division 7 Forensic examinations 144 Search of persons in lawful custody 97 145 Intimate procedures 98 145A Non-intimate procedures 99 145B Voluntary non-intimate procedures 100 146 Certain non-intimate procedures on persons in custody 100 147 Databases 100 147A Exchange of information in databases 101 147B Access to and use of information stored in database 101 147C Retaining and analysing samples 102 147D Powers under Division are additional to any others 102 147E Arrangements with corresponding jurisdictions for registration of forensic orders 102 147F Forensic material from corresponding jurisdictions 103 Division 7A Crime scenes 147G Definitions 104 147H Application of Division 104 147J Authority to enter place and establish crime scene 105 147K Restricting access to crime scene 106 147L Preserving evidence at crime scene 106 147M Period for maintaining crime scene 106 147N Crime scene powers 107 Division 8 Closure of public places 148 Commissioner may close public places 108 Part VIIA Protection from liability of members, Territory's vicarious liability and legal proceedings for damages for certain torts by members Division 1 Preliminary 148A Part applies to duties of member as public official 109 Division 2 Protection of members from civil liability and Territory's vicarious liability 148B Protection of members from civil liability 109 148C Territory's vicarious liability 110 Division 3 Legal proceedings for damages for torts by members 148D Definition 110 148E Application of Division 110 148F How police tort claim is made 110 148G Part does not affect certain claims and proceedings 111 Part VIII Offences in relation to Police Force 149 Delivery of property 112 152 Deserting post 112 153 Assault on member 113 154 False representation 113 155 Communication of information 113 156 Personation 113 157 Offering bribes 114 158 Assault of member 114 159 Hindering member 114 159A Killing or injuring police dogs or police horses 114 160 Unlawfully aiding or securing release from custody 115 Part IX Miscellaneous 160A Disciplinary, &c. investigations 115 161 Actions against members 115 162 Actions and prosecutions to be commenced within 2 months 116 164 Certificate of appointment 117 165 Police Gazette 118 166 Sale of goods 118 166AA Medical examinations 119 166A Service Medal 119 166B Members engaging in business 120 167 Regulations 120 Part X Transitional matters for Police Administration Amendment (Powers and Liability) Act 2005 168 Territory's vicarious liability 121 Schedule ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ This reprint shows the Act as in force at 1 July 2008. Any amendments that commence after that date are not included. ____________________ POLICE ADMINISTRATION ACT An Act relating to the police force Part I Preliminary 1 Short title This Act may be cited as the Police Administration Act. 2 Commencement This Act shall come into operation on the date of commencement of the Summary Offences Act. 3 Repeal and savings (1) Notwithstanding the repeal of Part II of the Police and Police Offences Ordinance effected by section 4 of the Summary Offences Act a person who was a member of the Police Force under Part II of the Police and Police Offences Ordinance immediately before the commencement of this Act continues to be a member of the Police Force under this Act with the same rank and seniority and, subject to this Act, upon the same terms and conditions which applied to the member immediately before the commencement of this Act. (2) Notwithstanding the repeal of Part IV of the Police and Police Offences Ordinance effected by section 4 of the Summary Offences Act all warrants issued and all arrests and other actions taken by a member pursuant to Part IV of the Police and Police Offences Ordinance shall continue to have force and effect as if issued or taken under Part VII of this Act. 4 Interpretation (1) In this Act unless the contrary intention appears - Aboriginal Community Police officer means a person appointed as an Aboriginal Community Police officer under section 19. Appeal Board includes a Promotions Appeal Board, a Disciplinary Appeal Board and an Inability Appeal Board. Assistant Commissioner means an Assistant Commissioner of Police appointed under section 8. Commissioner means the Commissioner of Police appointed under section 7. corresponding jurisdiction means any of the following in which a forensic law is in force: (a) the Commonwealth, a State or another Territory; (b) a foreign country prescribed by the Regulations. dangerous drug, see section 120A. Deputy Commissioner means a Deputy Commissioner of Police appointed under section 7. dismiss, in Parts IV, V and VI, in relation to a member, means to terminate the employment of the member because of a breach of discipline. forensic law means a law providing for the carrying out of a forensic procedure. forensic procedure means an intimate procedure or non-intimate procedure. forensic procedure approval means an approval to carry out a forensic procedure given by - (a) a magistrate under section 145(4); (b) a magistrate under section 30 or 31 of the Youth Justice Act; or (c) a member of the Police Force under - (i) section 145A(1); or (ii) section 31(2)(b) of the Youth Justice Act. general orders means general orders and instructions, as in force from time to time, issued under section 14A. intimate procedure includes the following procedures: (a) examining the body, either internally or externally; (b) taking from the body a substance on or in the body; (c) taking a sample of a substance on or in the body; (d) taking a sample of blood (other than by a swab or washing from an external part of the body); (e) taking a sample of pubic hair; (f) taking a sample from the external genital or anal area or the buttocks by swab or washing; (g) taking a sample from the external genital or anal area or the buttocks by vacuum suction, scraping or lifting by tape; (h) taking a dental impression or an impression of a bite mark; (j) taking a photograph, or an impression or cast, of a wound to the genital or anal area or the buttocks; (k) taking an X ray; (m) taking a sample of urine; (n) in the case of a female - (i) examining the breasts; (ii) taking a sample from the breasts by swab or washing; (iii) taking a sample from the breasts by vacuum suction, scraping or lifting by tape; and (iv) taking a photograph, or an impression or cast, of a wound to the breast. Judge means a Judge of the Supreme Court of the Northern Territory. justice means a person who is a justice of the peace within the meaning of the Justices of the Peace Act. magistrate means a person appointed to be a magistrate under the Magistrates Act. member means a member of the Police Force. merit, for appointment or promotion to a rank in the Police Force, see section 15A. non-intimate procedure includes the following procedures: (a) taking a sample of saliva or a sample by buccal swab; (b) examining a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts; (c) taking a sample of hair other than pubic hair; (d) taking a sample by swab or washing from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts; (e) taking a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts; (f) taking a hand print, fingerprint, footprint or toe print; (g) taking a photograph of, or an impression or cast of a wound to, a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts; (h) taking a photograph of a person. Police Association means the Northern Territory Police Association. Police auxiliary means a person appointed as a Police auxiliary under section 19. Police Cadet means a Police Cadet appointed under section 18. police dog means a dog used by the Police Force in the performance of the functions of the Police Force. Police Force means the Police Force of the Northern Territory of Australia established by this Act. Police Gazette means a document published under section 165(1). police horse means a horse used by the Police Force in the performance of the functions of the Police Force. prescribed member means a member holding the prescribed rank. proper authority, of a corresponding jurisdiction, means - (a) the person performing functions in relation to the police force or service of the corresponding jurisdiction that correspond to the functions of the Commissioner; or (b) an entity prescribed by the Regulations. responsible Minister, of a corresponding jurisdiction, means the Minister responsible for administering a forensic law of the jurisdiction. retire, in Parts IV, V and VI, in relation to a member, means to terminate the employment of the member otherwise than by dismissing the member. Special Constable means a Special Constable appointed under Division 4 of Part II. Tribunal means the Police Arbitral Tribunal formerly constituted under the Police and Police Offences Ordinance and continued under Part III of this Act. (2) A reference in this Act to this Act includes a reference to the Regulations. (3) Except in Part VII, a reference in this Act to a member includes a reference to a member of the Police Force who is on probation under section 16A and has not yet taken an oath or made an affirmation mentioned in section 26. Part II Police Force of the Northern Territory Division 1 Establishment of Police Force 5 Northern Territory Police Force (1) There is established by this Act the Police Force of the Northern Territory. (2) The core functions of the Police Force are: (a) to uphold the law and maintain social order; and (b) to protect life and property; and (c) to prevent, detect, investigate and prosecute offences; and (d) to manage road safety education and enforcement measures; and (e) to manage the provision of services in emergencies. 6 Constitution of Police Force The Police Force shall consist of a Commissioner and other members appointed and holding office under and in accordance with this Act. Division 2 Commissioner, Deputy and Assistant Commissioners 7 Commissioner of Police and Deputy Commissioner of Police The Administrator may, by commission, appoint a person to be Commissioner of Police or a Deputy Commissioner of Police. 8 Assistant Commissioner of Police (1) The Minister may appoint a person to be an Assistant Commissioner of Police. (2) The Administrator may issue his or her commission to a person appointed under subsection (1). 9 Remuneration of Commissioner, &c. (1) Subject to the provisions contained in an Act (including this Act), the Commissioner, a Deputy Commissioner or an Assistant Commissioner appointed under this Part - (a) shall be paid such remuneration and allowances; and (b) shall hold office on such terms and conditions, as the Administrator, from time to time, determines. (2) The Commissioner, a Deputy Commissioner or an Assistant Commissioner appointed under this Part shall not be an employee for the purposes of the Public Sector Employment and Management Act. (3) Subject to subsection (3A), in determining the matters specified in subsection (1) the Administrator shall ensure that the remuneration and allowances and terms and conditions of the Commissioner, a Deputy Commissioner or an Assistant Commissioner shall be not less than those of other members of the Police Force. (3A) The Administrator may determine that the Commissioner, a Deputy Commissioner or an Assistant Commissioner is to hold office for a fixed period. (4) Where the Commissioner, a Deputy Commissioner or an Assistant Commissioner ceases to hold office other than by reason of his death or resignation or his retirement under section 10, he shall be paid compensation to be determined by the Administrator. 10 Retirement (1) The Commissioner, a Deputy Commissioner or an Assistant Commissioner, who has attained the age of 55 years may retire from the Police Force. (3) Notwithstanding any other provision of this Act, the Commissioner, a Deputy Commissioner or an Assistant Commissioner may retire from the Police Force where he satisfies the Administrator that by reason of illness or other incapacity he is unable to discharge the duties of his position. (4) A retirement under subsection (3) is not effective until it is accepted by the Administrator. 11 Resignation (1) The Commissioner, a Deputy Commissioner or an Assistant Commissioner may resign his office by writing signed by him and delivered to the Administrator. (2) A notice of resignation under subsection (1) shall not have effect until it is accepted by the Administrator. 12 Acting Commissioner, &c. (1) The Minister may appoint a member to act from time to time as the Commissioner, Deputy Commissioner or Assistant Commissioner, as the case may be, during the absence from the Territory or from duty of the Commissioner, Deputy Commissioner or Assistant Commissioner or a vacancy in any of those offices. (2) Subject to this section, a person appointed under subsection (1) during a vacancy shall not continue in office after the expiration of 12 months after the occurrence of the vacancy. (3) Where a person is appointed to act as the Commissioner, a Deputy Commissioner or an Assistant Commissioner in pursuance of an appointment under subsection (1) - (a) a reference in a law of the Territory to the Commissioner, a Deputy Commissioner or an Assistant Commissioner, as the case may be, includes a reference to the person so appointed to act; and (b) that person has all the powers, functions and duties conferred or imposed upon the Commissioner, a Deputy Commissioner or an Assistant Commissioner, as the case may be, by any law of the Territory. (4) Where a person is, under subsection (1), appointed to act in a position and that position becomes vacant while the person is so acting, the person may continue to act in that position until - (a) the Minister otherwise directs; (b) the position ceases to be vacant; (c) the person resigns his appointment made under subsection (1); or (d) a period of 12 months from the date on which the vacancy occurred expires, whichever first occurs. (5) A person may resign an appointment under subsection (1) by writing signed by him and delivered to the Minister. (6) A notice of resignation under subsection (5) shall not have effect until it is accepted by the Minister. (7) The validity of anything done by a person acting as Commissioner, Deputy Commissioner or Assistant Commissioner in pursuance of an appointment under subsection (1) shall not be called in question by reason of any defect or irregularity in or in connection with his appointment or on the ground that the occasion for his appointment had not arisen or that the appointment had ceased to have effect. 13 Interim vacancies (1) Where there is an interval between the inability of the Commissioner, a Deputy Commissioner or an Assistant Commissioner to carry out the duties of his office and an appointment by the Minister under section 12(1), the powers and functions of the office to which the inability relates may be exercised by the member next senior to the member who held the office in respect of which the inability arose. (2) An action taken by a member in accordance with subsection (1) shall be deemed to be the action of the member appointed under section 12. 14 Control and management of Police Force (1) Subject to this Act, the Commissioner shall be charged and invested with the general control and management of the Police Force and may, in addition to those powers, exercise any powers conferred on a Superintendent or other officer of the Police Force. (2) The Commissioner shall exercise and perform all the powers and functions of his office in accordance with the directions in writing, if any, given to him by the Minister. (3) The Commissioner may, in writing, delegate to a person the Commissioner's powers or functions under this Act. (4) In addition, the Commissioner may, in writing, delegate to a member, or an employee within the meaning of the Public Sector Employment and Management Act, the Commissioner's powers or functions under another Act. (5) Subsection (4) applies to the Commissioner's powers or functions as Commissioner or Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act, of the Police Force. (6) However, subsection (4) does not apply if the Commissioner has a power of delegation under the other Act. (7) In addition, the Commissioner may delegate a power or function under subsection (3) or (4) to a person only if satisfied the person has the appropriate qualifications or experience to exercise the power or perform the function. 14A General orders (1) The Commissioner may, from time to time, in writing, issue such general orders and instructions as are necessary - (a) to secure the good government and efficient working of the Police Force; (c) to arrange and provide protection and other assistance to persons under the Territory witness protection program established under the Witness Protection (Northern Territory) Act. (2) Without limiting subsection (1), general orders may include a code of conduct to be observed in the Police Force. 14B Commissioner may transfer members The Commissioner may, as the Commissioner thinks fit, after giving a member written notice, transfer the member - (a) from the position held by the member in the Police Force to another position in the Police Force; and/or (b) from the locality in the Territory where the member is stationed to another locality in the Territory. 14C Disciplinary procedures The Commissioner may, for the purposes of the general control and management of the Police Force, issue instructions relating to the counselling and cautioning of members (including the issuing of written cautions to members) who commit breaches of discipline that are of such minor nature as not to warrant action being taken under Part IV. Division 3 Appointment, resignation and dismissal of members 15 Commissioner may determine establishment of Police Force Subject to this Act, the Commissioner may determine the number of members and ranks of the Police Force and the number of members who, at one time, may hold each of the ranks in the Police Force. 15A Merit for appointment or promotion A person has merit for an appointment or promotion to a rank in the Police Force if the person has the capacity to perform the duties of the rank, having regard to the person's: (a) knowledge, skills, qualification and experience; and (b) aptitude, diligence, good conduct and quality of service; and (c) potential for future development in the Police Force. 16 Commissioner may appoint or promote members (1) Subject to this Act, the Commissioner may - (a) appoint a person eligible for appointment to the Police Force to be a member with the rank of Constable; (aa) appoint a person eligible for appointment to the Police Force to be a member with a rank other than the rank of Constable; and (b) promote a member, being a member who is qualified for promotion, to the rank next above the rank which that member held on the day immediately preceding the day on which the promotion was made. (2) An appointment or promotion by the Commissioner under subsection (1) shall not be made so as to appoint a person or promote a member to the rank of Commissioner, Deputy Commissioner or Assistant Commissioner. (3) The Commissioner may promote a qualified member to a relevant rank if the Commissioner is satisfied there is no other member holding a rank next below the relevant rank: (a) who is qualified for promotion to the relevant rank; and (b) who has superior merit for the promotion. (4) In subsection (3): qualified member means a member who is qualified for promotion to a relevant rank. relevant rank, in relation to a qualified member, means a rank that is 2 ranks above the rank the member holds on the day immediately preceding the day of promotion to the relevant rank. 16A Members on probation (1) This section applies to a person appointed to be a member of the Police Force under: (a) section 16(1)(a); or (b) section 16(1)(aa); or (c) section 19. (2) The person is on probation, starting on the date on which the person commences duties in accordance with the person's appointment, for the following period: (a) 2 years for a person appointed under section 16(a) or (aa); (b) 12 months for a person appointed under section 19. (3) However, the Commissioner may direct that the person be appointed on probation for a shorter period than specified in subsection (2)(a) or (b) if the Commissioner is satisfied the person has relevant qualifications or experience. Example for subsection (3) Qualifications or experience gained in another jurisdiction. (4) The person remains a probationer until the person's appointment is confirmed or terminated in accordance with this section. (5) As soon as practicable after the end of the period of the person's probation, the Commissioner must: (a) confirm the appointment; or (b) terminate the appointment; or (c) direct that the person continue on probation for a further specified period not exceeding 6 months. (6) The Commissioner may terminate the person's appointment at any time during the period of probation if the Commissioner is of the opinion that the person: (a) has committed a breach of discipline mentioned in section 76; or (b) is unlikely to become an efficient member of the Police Force; or (c) should not be a member of the Police Force, based on information about the person's integrity or character not considered by the Commissioner at the time of the person's appointment. Note for section 16A A member of the Police Force who is on probation and has not yet taken an oath or made an affirmation mentioned in section 26 must not exercise powers under Part VII or any other law of the Territory. 16AA Issue of commission The Administrator may issue his commission to a member appointed or promoted under section 16 by the Commissioner to the rank of Superintendent or a rank above that rank, whether the appointment or promotion was made before or after the commencement of this section. 16AAA Term or contract employment (1) The Commissioner may, from time to time, determine the duties or classes of duties in the Police Force of a member of or above the rank of Commander that - (a) may be performed on an appointment for a fixed period; or (b) may only be performed on an appointment for a fixed period. (2) Duties referred to in subsection (1) may, subject to the relevant determination under that subsection, be performed either by the appointment under section 16 of a person on contract or by the promotion or transfer of a member for a fixed term. (3) In making a determination under subsection (1), the Commissioner shall specify a period, not exceeding 5 years, as the period for which a person may be employed to perform the duties. (4) The Commissioner may determine the terms and conditions to apply to and in relation to employment to perform duties referred to in subsection (1), and where such a term or condition is inconsistent with this Act, the term or condition so determined prevails and the conditions of or under this Act, to the extent of the inconsistency, have no effect. (5) The period of employment to perform duties referred to in subsection (1) may be renewed from time to time by the Commissioner for a period not exceeding the duration of the original period. (6) Where duties referred to in subsection (1) are performed by a member promoted or transferred as referred to in subsection (2), the terms and conditions to which the member is subject as a permanent member at his rank shall be deemed to be varied, to the extent of the determination under subsection (4), for the duration of the period during which the member performs those duties. 17 Requirements for appointment to rank other than constable An appointment shall not be made under section 16(1)(aa) unless the appointment is to a prescribed position and - (a) the Commissioner has, not less than 42 days before the appointment, published or caused to be published in the Police Gazette a notice of the rank and duties of, and the qualifications required for, that position, together with a statement that - (i) if, in the Commissioner's opinion, having received applications from members, there is not amongst those members a member who has merit for promotion to that position; or (ii) if, having received no applications from members for promotion to that position, the Commissioner shall appoint to that position a person from outside the Police Force; (b) where the Commissioner has - (i) received applications from members for promotion to the position; or (ii) received no applications from members for promotion to the position, and has, in accordance with the statement referred to in paragraph (a), decided to appoint to that position a person from outside the Police Force, he has published or caused to be published in the Police Gazette, not later than 28 days before he makes the appointment, a notice that - (iii) having received applications from members for promotion to that position, he is of the opinion that there is not amongst those members a member who has merit for promotion to that position; or (iv) having received no applications from members for promotion to that position, he intends to appoint to that position a person from outside the Police Force, as the case may be; and (c) each appeal, if any, under section 92, in respect of a decision referred to in paragraph (b) made in relation to the position, has been heard and determined. 17A Allowance for member having special qualifications (1) Subject to this section, the Commissioner may, where he is of the opinion that a member has special skills and qualifications - (a) suitable for use in the Police Force; and (b) which are being used by the member in the performance of his duties as a member, but that the remuneration and allowances applicable to the rank held by that member do not adequately compensate that member for those special skills and qualifications, determine, subject to such terms and conditions as he thinks fit, that that member shall be paid, on and from the date specified in the determination, in addition to that remuneration and those allowances, an allowance, not exceeding the prescribed amount, sufficient, in the opinion of the Commissioner, to adequately compensate that member for those special skills and qualifications, and that member shall, accordingly, be paid the allowance. (2) Without limiting the generality of the Commissioner's power under subsection (1), the terms and conditions referred to in that subsection may specify that the allowance payable in pursuance of a determination under that subsection to a member shall cease to be paid to him where - (a) his special skills and qualifications which gave rise to the determination are no longer being used by him in the performance of his duties as a member; or (b) he is promoted within the Police Force. (3) Where a member the subject of a determination under subsection (1) is, after the determination is made, promoted within the Police Force and the Commissioner has not made that determination subject to the condition specified in subsection (2)(b), the Commissioner shall review that determination and, after that review, having regard to - (a) whether the special skills and qualifications of the member which gave rise to that determination are still being used by him in the duties carried out by him as a member with the rank held by him after his promotion; and (b) the difference between the remuneration and allowances applicable to the rank held by him immediately before his promotion and the remuneration and allowances from time to time applicable to the rank held by him after his promotion, may - (c) vary the allowance payable in pursuance of that determination; or (d) revoke that determination, with effect on and from that promotion. 18 Police Cadets (1) The Commissioner may, from time to time, appoint such persons as he considers necessary to be members of the Police Force with the rank of Police Cadet and, notwithstanding anything contained in this Act, dismiss, discharge or suspend from duty for such period as he considers desirable, a Police Cadet. (2) A member who is a Police Cadet shall not be required to take the oath or make an affirmation under section 26 in relation to the exercise of his powers as a Police Cadet. (3) Subject to subsection (4), a power conferred by this Act, or any other law in force in the Territory, on a member of the Police Force by virtue of his being such a member shall not be exercised by a member who is a Police Cadet. (4) Where a member of the Police Force who is a Police Cadet is appointed to be a Special Constable under this Part the member may, during the period of that appointment, exercise the powers of a member of the Police Force as provided by this Act and the terms and conditions of his appointment. (5) An appointment of a person to be a member of the Police Force with the rank, on appointment, of Constable shall not be made if there is a Police Cadet who is qualified for promotion to that rank. 19 Aboriginal Community Police and auxiliaries (1) The Commissioner may, in writing, appoint a person to be a member of the Police Force as an Aboriginal Community Police officer or Police auxiliary. (2) An appointment under subsection (1) may also be made by a member of the Police Force authorised by the Commissioner to make such an appointment. (3) Subject to the terms and conditions specified in the person's instrument of appointment, an Aboriginal Community Police officer or Police auxiliary has the same powers, privileges, duties and obligations as other members of the Police Force. 20 Resignation (1) A member of the Police Force other than the Commissioner, a Deputy Commissioner or an Assistant Commissioner shall not resign his office or relinquish the duties of his office unless - (a) he is authorised in writing by the Commissioner to do so; (b) he has given to the Commissioner 14 days notice of his intention to do so; or (c) his resignation is for the purpose of becoming a candidate for election as a member of a House of the Parliament of Australia or of a State, of the Legislative Assembly of the Northern Territory or of a prescribed legislative or advisory body of another Territory and - (i) he has, before resigning, given to the Commissioner notice in writing of his intention to resign for that purpose; and (ii) he resigns on a date not earlier than 14 days before the date on which nominations for the election close. (2) A member shall not resign his office or relinquish the duties of his office otherwise than in accordance with subsection (1). Penalty: $500 or imprisonment for 3 months or both. 21 Reappointment of person who resigned to contest elections (1) Where the Commissioner is satisfied that a person who was a member of the Police Force - (a) resigned from the Police Force for the purpose specified in section 20(1)(c) and after having given the notice required by that section; (b) was a candidate for election to a House of the Parliament or to another assembly or body referred to in that paragraph; and (c) failed to be elected, the Commissioner shall, upon application by that person within 2 months after the declaration of the result of the election but subject to subsection (6), reappoint the person to a position in the Police Force having a salary, or range of salary, applicable to the position occupied by the member before the date of his resignation. (2) A person shall be reappointed under this section without being required to undergo any medical examination and whether or not he possesses the appropriate educational qualifications or meets the appropriate requirements. (3) A person shall be reappointed under this section without probation. (4) A person reappointed under this section shall be deemed to have continued in the Police Force as if he had not resigned but had been on leave of absence without pay during the period from the day on which his resignation became effective to and including the day immediately preceding the day on which he was reappointed. (5) The period referred to in subsection (4) shall, for all purposes, be deemed to form part of the member's period of service in the Police Force. (6) This section does not authorise the reappointment of a person who has attained the age of 65 years. 22 Retirement (1) A member who has attained the age of 55 years may retire from the Police Force. (2) A member who attains the age of 65 years ceases to be a member of the Police Force. 25 Function of members Subject to this Act, a member shall perform the duties and obligations and have the powers and privileges as are, by any law in force in the Territory, conferred or imposed on him. 26 Members to take oath (1) A person shall not exercise or perform any of the powers, functions or duties conferred or imposed upon a member of the Police Force by a law of the Territory unless he has taken an oath or made an affirmation in accordance with the form in the Schedule. (2) An oath or affirmation for the purposes of subsection (1) may be taken or made before the Commissioner, a Deputy Commissioner or an Assistant Commissioner who is a Commissioner for Oaths or Affidavits. 27 Oath binding on members A person on taking and subscribing the oath or making the affirmation as provided in section 26, or on probation under section 16A, shall be bound by the terms and conditions of his employment as a member of the Police Force, as provided by this Act, until such time as he ceases to be a member of the Police Force. 28 Members to serve the Crown (1) Subject to subsections (2) and (3), every person, on taking and subscribing the oath or making the affirmation as provided in section 26, shall be deemed to have thereby entered into a written agreement with, and shall be thereby bound to serve the Crown as a member of the Police Force or in any other capacity if so instructed in accordance with this Act or the regulations, at the current rate of pay, until lawfully discharged. (2) No agreement of the type referred to in subsection (1) shall be set aside for want of reciprocity. (3) An agreement of the type referred to in subsection (1) may be cancelled at any time by the lawful discharge, dismissal or removal from office of any such person, or by the resignation of any such person being accepted by the Administrator or the Commissioner, as the case may be. Division 4 Appointment and duties of Special Constables generally 29 Appointment of police of other jurisdictions as Special Constables (1) The Commissioner may at any time appoint or authorise the appointment, as a Special Constable, of a person who is a member of the police force (however described): (a) of the Commonwealth; or (b) of a State; or (c) of another Territory. (2) The appointment may be: (a) on the terms and conditions the Commissioner considers appropriate; and (b) of persons identified by reference to: (i) a particular work location; or (ii) a particular operational unit or work group; or (iii) any other identifiable designation. (3) A Special Constable appointed under this section is taken to be a member of the Police Force and has the duties, obligations, powers and privileges imposed or conferred on a member under any law in force in the Territory. 30 Appointment of other persons as Special Constables (1) The Commissioner may at any time appoint or authorise the appointment, as a Special Constable, of a person to whom section 29 does not apply. (2) The appointment may be on the terms and conditions the Commissioner considers appropriate. (3) A Special Constable appointed under this section is taken to be a member of the Police Force and has the duties, obligations, powers and privileges specified in the instrument of appointment. 31 Revocation of appointment The Commissioner may at any time revoke the appointment of a Special Constable. 32 Special Constable to take oath or make affirmation (1) Before a Special Constable begins to discharge the duties of office, the Special Constable must take and subscribe an oath or make and subscribe an affirmation in accordance with the form in the Schedule. (2) The oath or affirmation must be administered by a person authorised by the Commissioner to administer it. 33 Evidence of appointment The Commissioner must issue to each Special Constable evidence of appointment which is, for all purposes, evidence of the appointment and authority of the Special Constable to whom it is issued. 34 Neglect of duty A Special Constable must not neglect or refuse to obey any lawful order given to the Special Constable in connection with the performance of the duties of office. Maximum penalty: $500 or imprisonment for 3 months. Division 5 Special Constables and urgent cross-border assistance 34A Definitions In this Division: declaration means a declaration made under section 34B. period of operation, of a declaration, means the period during which the declaration is in force (including any periods of extension under section 34C). 34B Declaration of incident requiring urgent cross-border assistance (1) The Commissioner may, orally or in writing, declare that an incident requires urgent cross-border assistance. (2) The declaration must specify the period it will be in force, which must not exceed 14 days inclusive of the day it is made. (3) In deciding whether to make a declaration, the Commissioner must have regard to the following matters: (a) the nature, urgency and seriousness of the incident; (b) the adequacy of the resources and capabilities of the Police Force to deal with the incident without the assistance of other jurisdictions; (c) the expertise and assistance that could be expected to be provided by other jurisdictions. (4) The Commissioner must, as soon as practicable (but within 14 days) after making a declaration, forward to the Minister: (a) if the declaration is in writing - a copy of the declaration; or (b) if the declaration was made orally - written confirmation of its making. (5) A failure to comply with subsection (4) does not invalidate the declaration. 34C Extension of declaration (1) During the period a declaration is in force, the Commissioner may extend the operation of the declaration. (2) Section 34B applies to the extension of a declaration in the same way as it applies to the making of the declaration. (3) The Commissioner may extend a declaration in accordance with this section as many times as necessary. 34D Appointment of Special Constables (1) During the period of operation of a declaration, Special Constables may be appointed under section 29 orally or in writing. (2) If Special Constables are appointed during the period of operation of a declaration, the Commissioner must, as soon as practicable after the end of that period: (a) forward written confirmation of the appointments to the Minister, specifying, in relation to each Special Constable: (i) the person's name; and (ii) the police force to which the person is permanently appointed and the rank held in that police force; and (b) forward written confirmation to each Special Constable of the person's appointment, specifying the period of appointment. (3) Subsection (2) applies whether a Special Constable is appointed individually or by reference to a work location, operational unit, work group or other designation. (4) A failure to comply with subsection (2) does not invalidate the appointment of a Special Constable. 34E Oath or affirmation (1) Despite section 32, it is not necessary for a Special Constable appointed during the period of operation of a declaration to take an oath or make an affirmation before the Special Constable begins to discharge the duties of office. (2) However, a Special Constable appointed during that period must take and subscribe an oath or make and subscribe an affirmation in accordance with section 32 as soon as practicable after appointment. (3) If the oath or affirmation is administered outside the Territory, the person who administers it must, within 14 days, forward to the Commissioner: (a) a copy of the oath or affirmation as subscribed by the Special Constable; and (b) a written statement, signed by the person, of the person's name and authority to administer the oath or affirmation. (4) A failure to comply with subsection (3) does not invalidate the appointment of a Special Constable. 34F Termination of appointment Unless the appointment is revoked earlier under section 31, a Special Constable appointed during the period of operation of a declaration ceases to be a Special Constable at the end of that period. Part III Conditions of service of members of Police Force Division 1 Police Arbitral Tribunal 35A Definitions In this Part, unless the contrary intention appears - Chairperson means the person appointed under section 36(2)(a). conciliator means a person appointed under section 40D(1). Minister's nominee means the person appointed under section 36(2)(b). Police Association's nominee means the person appointed under section 36(2)(c). 35 Establishment of Tribunal There shall be a Police Arbitral Tribunal which shall have jurisdiction to hear and determine all matters relating to the remuneration and terms and conditions of service of members of the Police Force other than the Commissioner, a Deputy Commissioner, an Assistant Commissioner or a member of the rank of Commander. 36 Constitution of Tribunal (1) The Tribunal is constituted by - (a) the Chairperson; (b) the Minister's nominee; and (c) the Police Association's nominee. (2) The Minister may, by notice in the Gazette, appoint - (a) a person to be the Chairperson; (b) a person to be the Minister's nominee; and (c) a person to be the Police Association's nominee. (3) The Minister must not appoint a person to be the Chairperson unless the person - (a) is a member of the Australian Industrial Relations Commission established by the Workplace Relations Act 1996 of the Commonwealth whose appointment to the Tribunal has been agreed to by the President of the Commission; or (b) is a person who, in the opinion of the Minister, has suitable qualifications and experience to be appointed Chairperson. 36A Deputy members (1) The Minister may, by notice in the Gazette, appoint - (a) a person to be the deputy of the Chairperson; (b) a person to be the deputy of the Minister's nominee; and (c) a person to be the deputy of the Police Association's nominee. (2) The Minister must not appoint a person to be the deputy of the Chairperson unless the person - (a) is a member of the Australian Industrial Relations Commission established by the Workplace Relations Act 1996 of the Commonwealth whose appointment as the deputy of the Chairperson has been agreed to by the President of the Commission; or (b) is a person who, in the opinion of the Minister, has suitable qualifications and experience to be appointed as the deputy of the Chairperson. (3) A person who is appointed under subsection (1) to be the deputy of the holder of an office is to act in that office while the holder of the office is absent or unable to act as a member of the Tribunal for any reason. 36B Commissioner and Association to recommend certain members of Tribunal (1) The Minister may only appoint a person to be the Minister's nominee or the deputy of the Minister's nominee if the person is not a member of the Police Force. (2) If there is a vacancy in the office of - (a) the Minister's nominee or the deputy of the Minister's nominee - the Minister must give notice in writing to the Commissioner and the Commissioner for Public Employment requesting them to recommend in writing a person to the office within 30 days after the notice is given; or (b) the Police Association's nominee or the deputy of the Police Association's nominee - the Minister must give notice in writing to the Police Association requesting the Association to recommend in writing a person to the office within 30 days after the notice is given. (3) The Minister may only appoint a person to be the Minister's nominee or the deputy of the Minister's nominee after - (a) the Minister has received a recommendation in writing from the Commissioner and the Commissioner for Public Employment; or (b) 30 days after notice is given by the Minister under subsection (2)(a). (4) The Minister may only appoint a person to be the Police Association's nominee or the deputy of the Police Association's nominee if the person is recommended for appointment in a notice to the Minister given by the Police Association. (5) Subsection (4) does not apply if the Police Association has not recommended a person in writing within 30 days after notice is given by the Minister under subsection (2)(b) to be the Police Association's nominee or the deputy of the Police Association's nominee. 37 Duration of appointment (1) Subject to subsection (3), a person appointed under section 36 or 36A holds office for the term of not more than 3 years that is specified in his or her notice of appointment. (2) A person appointed under section 36 or 36A is eligible for reappointment. (3) A person appointed under section 36 or 36A ceases to be a member of the Tribunal or a deputy of a member of the Tribunal - (a) if the Minister receives a written notice of resignation, signed by the person; (b) if the Minister appoints another person under that section in the place of that person; or (c) if the person dies. 37A Members and deputy members to take oath or affirmation (1) A member of the Tribunal or a deputy of a member of the Tribunal must, before first exercising his or her powers or performing his or her functions under this Act, make an oath or affirmation set out in Form 3 in the Schedule. (2) An oath or affirmation under subsection (1) is to be made before a justice of the peace. 38 Procedures (1) A matter before the Tribunal is to be resolved by a decision of the majority of the members of the Tribunal. (2) Subject to this Act, the procedures to be adopted at the hearings of the Tribunal shall be determined by the Tribunal. 39 Secretary to the Tribunal There shall be a secretary to the Tribunal who shall be appointed by the Minister. 40 Meetings may be requested (1) The Secretary must, at the written request of the Commissioner or the Police Association, call a meeting of the Chairperson, the Commissioner and the Police Association about matters relating to the remuneration or terms and conditions of service of members of the Police Force, or both. (2) The Secretary must call a meeting under subsection (1) within 14 days after receiving the request or, if it is not practicable to do so within 14 days, as soon as practicable after receiving the request. 40A Attempts at conciliation to be made (1) At a meeting called under section 40(1), the Chairperson must - (a) require the Commissioner and the Police Association, or their representatives, to attempt to conciliate the matters at issue between the parties; and (b) for that purpose - appoint a person from the panel appointed under section 40D to be a conciliator in relation to the matters. (2) The Chairperson may only appoint a conciliator under subsection (1)(b) after taking into account submissions made by the Commissioner and the Police Association as to the matters at issue between the parties to which the request under section 40 relates. (3) Despite subsection (1), the Chairperson may decide that a matter is to be determined by the Tribunal without requiring the Commissioner and the Police Association to attempt to conciliate the matter if the Chairperson is satisfied that the attempt is unlikely to be successful. (4) If the Chairperson decides that the matter is to be determined by the Tribunal, the Tribunal must conduct a hearing and make a decision in relation to the matter. 40B Conciliation (1) A conciliator must do everything that appears to him or her to be right and proper to assist the parties to reach agreement in relation to the matters at issue between the parties. (2) The action that may be taken by a conciliator under subsection (1) includes any of the following: (a) arranging conferences by the parties or their representatives presided over by the conciliator; (b) arranging for the parties or their representatives to confer amongst themselves at conferences that the conciliator does not attend; (c) facilitating agreement between the parties as to matters referred to conciliation; (d) mediation; (e) advising the Tribunal that the parties have requested the Tribunal to make a determination or to vary or revoke a determination of the Tribunal; (f) concluding the matter by both parties agreeing not to continue with the matter. (3) The procedures to be adopted in relation to conciliation of a matter are to be as determined by the conciliator. (4) A conciliator must not, except with the agreement of the Commissioner and the Police Association, disclose anything said or done for the purposes of conciliating a matter under this Part. (5) A conciliator is not personally liable for any action taken, or not taken, in good faith for the purposes of conciliating a matter under this Part. (6) If an agreement under this section is inconsistent with a determination of the Tribunal, the determination prevails to the extent of the inconsistency. 40C Referral of matters to Tribunal (1) The Commissioner and the Police Association may together request the Tribunal to conduct a hearing and make a decision in relation to all or any aspects of a matter to which a request under section 40(1) relates. (2) If a request is received under subsection (1) and the Chairperson is satisfied that the parties have made a genuine attempt to agree about those aspects of the matter in the course of conciliation under this Part, the Tribunal must conduct a hearing and make a decision in relation to those aspects of the matter about which agreement has not been reached. (3) A conciliator must notify the Tribunal as to the results of conciliation between the parties within 14 days after conciliation has concluded. (4) If a conciliator notifies the Tribunal that the parties have agreed to request a decision of the Tribunal as to whether to make a determination or to vary or revoke a determination of the Tribunal, the Tribunal must conduct a hearing and decide the matter. 40D Panel of conciliators (1) The Minister may appoint a suitably qualified and experienced person, who is not a member of the Tribunal, a deputy of a member of the Tribunal or a member of the Police Force, to be a member of a panel of conciliators. (2) The Minister may only appoint a person under subsection (1) after taking into account submissions made by the Commissioner and the Police Association as to the persons suitable to be members of the panel of conciliators. 42 Gazettal of determinations (1) A determination made by the Tribunal in pursuance of this Division shall be notified in the Gazette by a notice stating that such determination has been made and specifying the place where copies of the determination can be purchased or obtained. (2) A determination shall, except to the extent to which it is expressed to come into operation on an earlier or later date, come into operation on the date of its notification in the Gazette. (3) When the Tribunal makes a determination under this Part, it shall forthwith send a copy of the determination to the Minister. (4) The Minister shall, on the first sitting day of the Legislative Assembly after he receives a copy of the determination forwarded to him pursuant to subsection (3), cause that copy to be laid before the Assembly. 43 Determination binding on all parties (1) Any determination made by the Tribunal in pursuance of this Act shall be binding on the Crown, the Commissioner and the members of the Police Force to whom it is expressed to relate. (2) A person shall not - (a) fail or omit to abide by any determination; or (b) do, or procure any person to do, anything in contravention of the provisions of a determination. Penalty: $500 or imprisonment for 3 months or both. 44 Interpretation of determination (1) Notwithstanding anything contained in this Act, the Tribunal may, on its own motion or on the submission of any person or organization interested in any determination, give an interpretation of any term of an existing determination, and the provisions of this Act shall apply to any such interpretation in like manner as they apply to a determination. (2) Before giving any such interpretation on its own motion, the Tribunal shall hear argument on behalf of any person or organization who or which is interested in the determination and is desirous of being heard. 45 Witnesses (1) For the purposes of this Part, the Tribunal may, by writing, summon any person to attend the Tribunal at a time and place named in the summons to give evidence or produce any books, documents or writings in his custody or control which the Tribunal deems relevant to any proceedings before it and which the person is required by the summons to produce. (2) The Tribunal may, in its discretion, on the application of a party to proceedings before it, by writing, summon any person to appear as a witness before the Tribunal. 46 Oaths The Tribunal may administer an oath to a person appearing as a witness before the Tribunal. 47 Failure to answer summons A person served with a summons under section 45 shall not fail without reasonable excuse to attend the Tribunal, or to produce any documents, books or writings in his custody or control, which he was required by the summons to produce. Penalty: $500 or imprisonment for 3 months or both. 48 Offences by witnesses (1) A person appearing as a witness before the Tribunal shall not refuse to be sworn or to make an affirmation or to answer any question relevant to the proceedings before the Tribunal which is put to him by the Tribunal. Penalty: $500 or imprisonment for 3 months or both. (2) Nothing in subsection (1) shall be construed as compelling a person to answer any question which would tend to incriminate him. 49 Perjury A witness before the Tribunal shall not knowingly give false testimony touching any matter material to any proceedings before the Tribunal. Penalty: $2,000 or imprisonment for 12 months or both. 50 Protection of members of Tribunal (1) The Chairperson is not personally liable for an action taken, or not taken, in good faith in administering this Part. (2) A member of the Tribunal or a deputy of a member of the Tribunal is not personally liable for any action taken, or not taken, in good faith by the Tribunal in administering this Part. 50A Appeals to Supreme Court The Commissioner or the Police Association may, with the leave of the Supreme Court, appeal to the Supreme Court against a determination made under Part III, Division 1, but only on a question of law. Division 2 Consent agreements 51 Parties to consent agreement The Minister and the Police Association may, from time to time, enter into consent agreements relating to the remuneration and terms and conditions of service of members of the Police Force, other than the Commissioner, a Deputy Commissioner, an Assistant Commissioner or a member of the rank of Commander. 52 Consent agreements to be in writing Every consent agreement made in pursuance of section 51 shall be in writing and, subject to this Part, shall remain in force for such period, not exceeding 5 years, as is specified in the agreement. 53 Certification of consent agreements by Tribunal (1) No consent agreement made in pursuance of section 51 shall have effect until it has been certified by the Tribunal and filed under subsection (3). (2) The Tribunal shall certify a consent agreement unless it is of the opinion that it is not in the public interest that it should be certified. (3) An agreement referred to in subsection (1) and certified under subsection (2) shall be filed with the secretary to the Tribunal and shall be of full force and effect according to its terms. (4) Upon certifying a consent agreement under subsection (2), the Tribunal shall transmit a copy of the certified consent agreement to the Minister. (5) The Minister shall, on the first sitting day of the Legislative Assembly after he receives a copy of the certified consent agreement, cause that copy to be laid before the Assembly. 54 Consent agreement binding on all parties (1) Every consent agreement shall during its continuance be binding on the Crown, the Commissioner and the members of the Police Force to whom it is expressed to relate. (2) A person shall not - (a) fail or omit to abide by a term of a consent agreement; or (b) do, or procure any person to do, anything in wilful contravention of the provisions of a consent agreement. Penalty: $500 or imprisonment for 3 months or both. 55 Consent agreement to be notified in the Gazette Any agreement made in pursuance of section 51 shall be notified in the Gazette by a notice stating that the agreement has been made and specifying the place where copies of the agreement can be purchased or obtained. 56 Duration of consent agreement In default of any express provision to the contrary therein contained, an agreement shall, unless rescinded, and subject to any variation, continue in force after the expiration of the term specified therein, until the expiration of one month after either party thereto has given written notice to the secretary to the Tribunal and to the other party of his desire to determine it. 57 Effect of consent agreement of the Tribunal A consent agreement, once certified and filed, shall have effect as a determination of the Tribunal. Part IV Discipline Division 1 Duties and obligations of members 76 Breaches of discipline A member commits a breach of discipline if the member - (a) engages in disgraceful or improper conduct, either on or off duty; (b) is negligent, inefficient or careless in the discharge of the member's duties; (c) contravenes or fails to comply with a provision of a Code of Conduct referred to in section 14A(2); (d) fails to obey a lawful direction, instruction or order given by, or caused to be issued by, the Commissioner or a member or person having authority over the member (including general orders and instructions issued under section 14A(1)) or fails to be of good behaviour for a period fixed under section 84D(c); (e) uses a substance (including liquor or a drug) in a manner that results in unacceptable performance of the member's duties or improper conduct whilst on duty; (f) is absent from duty except - (i) where proper leave has been granted; or (ii) with reasonable cause; (g) is convicted of an offence, whether within or outside the Territory; or (h) aids, abets, counsels or procures, or, by any act or omission, is directly or indirectly knowingly concerned in or a party to, a breach of discipline committed by another member in circumstances referred to in paragraphs (a), (b), (c), (d), (e) or (f). 76A Suspension of member facing criminal charges Where a member is charged with having committed an offence, whether within the Territory or elsewhere, the Commissioner may suspend the member from duty. 77 Effect of pending criminal proceedings For the avoidance of doubt, anything may be done or continued under this Part notwithstanding that criminal proceedings in respect of the matter to which it relates have been commenced or are contemplated. Division 2 Public interest dismissal 78 Dismissal Notwithstanding anything else in this Act, a member may be immediately dismissed from the Police Force where the Commissioner - (a) is of the opinion that the member has committed a breach of discipline and it is in the public interest that the member be immediately dismissed; and (b) has taken into account any written response of the member made after service on the member of a notice under section 79. Division 3 Disciplinary powers generally 79 Service of notice for alleged breach of discipline Where - (a) the Commissioner believes, on reasonable grounds, that a member; or (b) a prescribed member believes, on reasonable grounds, that a member of a rank below that of the prescribed member, has committed a breach of discipline and considers that the breach is serious enough to warrant action being taken under this Part, the Commissioner or prescribed member shall serve a notice under section 84F on the member. 80 Action pending decision on alleged breach of discipline (1) Where - (a) the Commissioner believes, on reasonable grounds, that a member; or (b) a prescribed member believes, on reasonable grounds (and advises the Commissioner in writing of the belief), that a member of a rank below that of the prescribed member, has committed a breach of discipline, the Commissioner may, at any time after the notice under this Part has been served on the member - (c) transfer the member - (i) from the position held by the member in the Police Force to another position in the Police Force; and/or (ii) from the locality in the Territory where the member is stationed to another locality in the Territory; (d) direct the member to take any leave that has accrued to the member under this Act; or (e) suspend the member from the Police Force, or do any one or more of those things, to have effect either concurrently or sequentially. (2) A decision of the Commissioner under subsection (1) - (a) is final and not capable of being reviewed in a court; and (b) remains in force, unless varied or revoked by the Commissioner, until all actions under this Part in respect of the member are completed. 81 Member's response to notice for alleged breach of discipline (1) Where the Commissioner or prescribed member is satisfied with the response provided by a member served with a notice under section 84F, the Commissioner or prescribed member shall take no further action on the matter. (2) Where a member served with a notice under section 84F admits the breach of discipline or does not respond to the notice within the period specified in the notice, the Commissioner or prescribed member may - (a) take no further action on the matter; (b) counsel and caution the member; (c) cause the member to be formally cautioned in writing; or (d) where the Commissioner or prescribed member considers the breach of discipline is of such a serious nature that action under paragraph (a), (b) or (c) is not appropriate - (i) in the case of the Commissioner - take such action under section 84D as the Commissioner thinks appropriate as if the Commissioner had received a report prepared under section 84C(1)(b); or (ii) in the case of the prescribed member - (A) take such action in relation to, or impose such a fine on, the member as the prescribed member has power to take or impose under this Act; or (B) report the breach of discipline to the Commissioner recommending a course of action that the Commissioner might consider taking under section 84D. (3) Where a member served with a notice under section 84F - (a) does not respond to the notice within the period specified in the notice and the Commissioner or prescribed member does not consider action under subsection (2) is appropriate; (b) responds to the notice within the period specified but does not admit the breach of discipline; or (c) provides an explanation that the Commissioner or prescribed member does not consider satisfactory, the Commissioner or prescribed member may arrange for an investigation to be carried out by a member or members to determine whether the member has in fact committed a breach of discipline. 82 Conduct of investigation (1) Nothing in this Part shall be taken as - (a) preventing a prescribed member who arranges an investigation referred to in section 81 from carrying out the investigation, alone or in conjunction with another member or other members; or (b) preventing more than one investigation to be carried out to determine whether a member has committed a breach of discipline. (2) Subject to subsection (3), an investigation referred to in section 81(3) shall be completed within 3 months after it is arranged. (3) The Commissioner may allow a longer period to complete an investigation under subsection (2) after reviewing the progress of the investigation before the expiration of the period of 3 months and thereafter before the expiration of each succeeding period of one month during which the investigation continues. 83 Medical examinations (1) In the course of an investigation referred to in section 81, if the member or members carrying out the investigation is or are of the opinion that it is relevant to the investigation for the member the subject of the investigation to be so examined, the member or members may direct that member to submit to an examination by one or more - (a) health practitioners who have a right to practice under the Health Practitioners Act; or (b) other persons having relevant qualifications, as the member or members carrying out the investigation thinks or think fit. (2) Where a member has been directed under subsection (1) to submit to an examination, the member may, in addition, submit to an examination by a health practitioner or other person referred to in that subsection of the member's own choice and submit the report of that examination to the Commissioner or prescribed member, as the case may be, who shall take the report into account. 84 Outcome of investigation Where, as a result of an investigation, the Commissioner or prescribed member - (a) is satisfied that the member has not committed a breach of discipline, the Commissioner or prescribed member shall take no further action; or (b) continues to believe, on the same or different reasonable grounds, that the member has committed a breach of discipline, the Commissioner or prescribed member may - (i) take no further action; (ii) counsel and caution the member; (iii) cause the member to be formally cautioned in writing; or (iv) charge the member with the breach of discipline alleged. 84A Charge of breach of discipline (1) Where the Commissioner or prescribed member charges a member with a breach of discipline, the Commissioner or prescribed member shall appoint a prescribed member or prescribed members to conduct a hearing into the charge. (2) With the consent of the member charged, the prescribed member laying the charge may be appointed under subsection (1). (3) Where a member is charged with a breach of discipline, notice under section 84F shall be served on the member. 84B Conduct of hearing (1) At a hearing into a charge of breach of discipline by a member - (a) the member may be represented by a friend, a colleague, a legal practitioner or a member of the Police Association to which the member belongs; (b) the hearing may proceed in the absence of the member where the member fails to attend and it is proved to the satisfaction of the member or members conducting the hearing that a notice under this Part was served on the member; (c) the standard of proof to be applied in relation to the hearing is the civil standard of proof, on the balance of probabilities; (d) subject to this section, the hearing shall be at the discretion of the prescribed member or members conducting it and shall be conducted with as little formality and technicality as possible, given the need to properly and equitably consider the matters before the prescribed member or members; (e) the prescribed member or members conducting the hearing is or are not bound by the rules of evidence but the prescribed member is or members are bound by the rules of natural justice; and (f) the prescribed member or members conducting the hearing shall ensure that the hearing is electronically recorded. (2) Where a member is represented by a legal practitioner at a hearing under this section, the prescribed member or members conducting the hearing may be assisted at the hearing by a legal practitioner. (3) Representation or assistance provided by a legal practitioner under this section shall be as determined by the prescribed member or members conducting the hearing. 84C Action that may be taken after hearing (1) As soon as practicable after completing a hearing referred to in section 84B, the prescribed member or members conducting the hearing, if of the opinion that the member committed the breach of discipline - (a) may take such action in relation to, or impose such fine on, the member permitted by the Regulations as the prescribed member or members think fit; or (b) shall, if not permitted by the Regulations to take the action or impose the fine the prescribed member or members considers appropriate, in writing, report the opinion indicating the reasons for it and recommending a course of action the Commissioner or prescribed member might consider taking in the matter. (2) A report under subsection (1)(b) shall be delivered to - (a) the Commissioner or the prescribed member who made the appointment or appointments under section 84A(1); or (b) a prescribed member who is permitted by the Regulations to take the action or impose the fine recommended in the report. 84D Order of Commissioner or prescribed member The Commissioner or prescribed member, on receiving a report prepared under section 84C(1)(b), may take no further action on the matter or (in the case of a prescribed member, to the extent that the Regulations so permit) - (a) counsel and caution the member; (b) cause the member to be formally cautioned in writing; (c) take no further action on the basis that the member be of good behaviour for a period, not exceeding 12 months, fixed by the Commissioner or prescribed member; (d) impose on the member a fine not exceeding $2,000; (e) reduce the member to a rank below the rank which the member held at the date of the hearing; (f) reduce the rate of salary of the member to a rate of salary within the limits of the salary fixed for the rank held by the member; (g) transfer the member - (i) from the position held by the member in the Police Force to another position in the Police Force; and/or (ii) from the locality in the Territory where the member is stationed to another locality in the Territory; (h) suspend the member from the Police Force, for a period not exceeding 3 months, subject to such conditions as the Commissioner specifies; (j) order the member to pay, by way of costs, compensation or restitution, such amount as the Commissioner or prescribed member considers appropriate to the matter; or (k) dismiss the member from the Police Force, or do any one or more of those things, to have effect either concurrently or sequentially. 84E Review of actions taken or fines imposed (1) Where under this Part a prescribed member takes action or imposes a fine on a member, the member may, within 7 days of being advised of the action or fine, apply in writing to the Commanding Officer of the Police Command in which the member was employed at the time the breach was committed to have the matter reviewed. (2) As soon as practicable after receiving an application under subsection (1), the Commanding Officer shall arrange for a prescribed member holding a rank higher than that of the prescribed member taking the action or imposing the fine to review the matter. (3) Subject to the Regulations and the directions, if any, of the Commanding Officer, a prescribed member required under subsection (2) to review a matter may review it in such manner as the prescribed member thinks fit and, in substitution for the action taken or fine imposed by the other prescribed member, take such action or impose such fine as he thinks fit and which could have been taken or imposed by the other prescribed member. (4) Nothing in this section prevents a member from appealing under Part VI against an action taken or fine imposed under subsection (3) or section 81(2)(d)(ii). Division 4 General 84F Notices (1) A notice - (a) under section 79 shall contain - (i) details of the action or omission constituting the breach of discipline; and (ii) a statement that a written response is required from the member within 7 days of receipt of the notice; or (b) under section 84A shall contain details of the charge of the breach of discipline and the date, time and place of the hearing. (2) A notice under section 79 or 84A shall be served on a member - (a) by delivering it to the member personally; or (b) by posting it to the member at the member's last-known place of residence. 84G Payment of salary during suspension A member who is suspended under section 76A or 80 shall, unless the Commissioner otherwise directs, be paid salary during the period of the suspension. 84H Payment, &c., where no disciplinary action taken or appeal allowed Where a member is, under section 80 - (a) suspended and his suspension is without salary; or (b) directed to take leave which has accrued to the member, and subsequently no action under this Part is taken (or, as a result of an appeal under Part VI, no such action is allowed) in relation to the alleged breach of discipline - (c) the member shall be paid, in respect of the period of the suspension, the salary to which the member would have been entitled had the suspension not been imposed; or (d) have his leave re-instated, as the case may be. 84J Payment of fines and amount of money (1) A fine imposed under this Part is a debt due and payable to the Territory by the member on whom it is imposed. (2) An order to pay an amount by way of costs, compensation or restitution under this Part is a debt due and payable to the person in respect of whom the order is made by the member against whom the order is made. Part V Inability of member to discharge duties 87 Inability of member to discharge duties Where the Commissioner is of the opinion, on reasonable grounds, that a member - (a) is not fit to discharge, suited to perform or capable of efficiently performing, the duties the member is employed to perform; (b) because of circumstances beyond the member's control, is not performing those duties efficiently or satisfactorily; or (c) is not qualified for the efficient and satisfactory performance of those duties, the Commissioner shall, by notice in writing, advise the member of the Commissioner's opinion and the grounds on which the Commissioner has formed the opinion, and invite the member, within 14 days, to indicate in writing whether the member agrees with the Commissioner's opinion or to explain in writing any matter referred to in the notice. 88 Review of grounds (1) As soon as practicable after the expiration of the 14 days referred to in section 87, the Commissioner shall, if not satisfied with the member's explanation, if any, arrange for a review to be carried out by one or more members to determine whether the Commissioner's opinion is well founded and shall, in writing, advise the member accordingly. (2) In the course of a review referred to in subsection (1), if the member or members carrying out the review is or are of the opinion that it is relevant to the review for the member to be so examined, the member or members may direct the member to submit to an examination by one or more health practitioners who have a right to practice under the Health Practitioners Act as the member or members carrying out the review think fit. (3) Where a member has been directed under subsection (2) to submit to an examination, the member may, in addition, submit to an examination by a health practitioner referred to in that subsection, of the member's own choice and submit the report of that examination to the member or members carrying out the review, who shall take the report into account. (4) Where a member refuses to comply with a direction under subsection (2), the member or members carrying out the review shall notify the Commissioner of the refusal and the Commissioner, on receiving the notification, shall take such action under this Act (other than dismissing the member) as the Commissioner thinks fit. (5) The member or members carrying out the review shall, in writing, advise the Commissioner and the member of their findings as a result of the review. 89 Action following review If a member on whom a notice under section 87 is served indicates that the member agrees with the Commissioner's assessment or, as a consequence of a review referred to in section 88(1), the Commissioner remains of the opinion on the same or different grounds revealed by the review, the Commissioner may take no action or - (a) direct the member to take any leave that has accrued to the member under this Act; (b) stand the member down from the Police Force, on full salary on compassionate grounds, for a period not exceeding 3 months; (c) transfer the member to other duties, including duties (and at a rate of salary) of a lower rank; or (d) advise the member, in writing, that the Commissioner intends to retire the member from the Police Force. 90 Stand-down during review under section 88 (1) At any time after a notice under section 87 has been served on a member the Commissioner may, if of the opinion that it is desirable to do so - (a) stand the member down from the Police Force for a period not exceeding 3 months; (b) direct the member to take any leave that has accrued to the member under this Act; or (c) transfer the member to perform other duties, including duties (and at a rate of salary) of a lower rank, pending the explanation of the member under section 87, the outcome of the review under section 88, the expiration of the period in which an appeal can be made, or where such an appeal is made, the final determination of the appeal, (d) or do any one or more of those things, to have effect either concurrently or sequentially. (2) Except as provided in this section, a decision of the Commissioner is final and is not capable of being reviewed in a court. (3) The Commissioner may, from time to time, extend a period during which a member is stood down under subsection (1) for such periods, each not exceeding 3 months, as the Commissioner thinks fit. (4) A member who is stood down under subsection (1) shall, unless the Minister otherwise directs, be paid salary during the period during which the member is stood down. (5) Where a member appeals against the intention of the Commissioner to retire the member as referred to in section 89(d) and the appeal is allowed, the standing down of the member under this section terminates on the date on which the appeal is allowed. (6) The standing down of a member under this section, unless it is sooner terminated, terminates on action being taken by the Commissioner under section 89(c) or (d). (7) If for any reason other than retirement as referred to in section 89(d) a period during which a member is stood down under this section without salary comes to an end, the member shall be paid, in respect of that period, the salary to which the member would have been entitled had he not been stood down. (8) Unless the Commissioner otherwise directs, a period during which a member is stood down under this section, other than a period that is terminated by or under this section, shall not be taken into account as service in calculating the person's sickness, recreation or long service leave entitlements as a member. 91 Medical incapacity (1) A member shall be taken to be totally and permanently incapacitated for the purposes of this section if, because of a physical or mental condition, it is unlikely that the member will ever be able to work in any employment or hold any office for which the member is reasonably qualified by education, training or experience or could become reasonably qualified after retraining. (2) Where the Commissioner or a prescribed member is of the opinion, on reasonable grounds, that a member or a member of a rank below that of the prescribed member is unable to efficiently or satisfactorily perform the member's duties because of a physical or mental condition, the Commissioner or prescribed member may direct the member to submit to an examination by one or more health practitioners who have a right to practice under the Health Practitioners Act as the Commissioner or prescribed member, as the case may be, thinks fit. (3) Where a member has been directed under subsection (2) to submit to an examination, the member may, in addition, submit to an examination by a health practitioner referred to in that subsection, of the member's own choice and submit the report of that examination to the Commissioner or prescribed member, as the case may be, who shall take the report into account. (4) After considering the results of the examination or examinations under subsection (2) or (3) and all other relevant information available to the Commissioner or prescribed member, as the case may be - (a) the Commissioner may determine whether the member is totally and permanently incapacitated; or (b) the prescribed member shall report the findings of the examination to the Commissioner who may then so determine. (5) Where the Commissioner determines, or, following a report under subsection (4)(b), determines, that a member is totally and permanently incapacitated, the Commissioner may, after considering the provisions of any superannuation legislation applying to the member, retire the member from the Police Force on the grounds of invalidity or take such action under this Part as the Commissioner thinks appropriate. (6) Where the Commissioner, after considering the results of the review and examinations under subsection (2) or (3) and all other information available to him (including a report under subsection (4)(b)) does not determine that the member is totally and permanently incapacitated but assesses the member to be unable to perform the member's duties efficiently or satisfactorily because of a physical or mental condition, the Commissioner shall take whatever steps he considers reasonable and practicable to facilitate the member resuming those duties or take such other action under this Part as the Commissioner thinks appropriate. Part VI Appeals Division 1 Promotion Appeals 92 Promotion Appeals (1) Subject to this section, where the Commissioner - (a) promotes under section 16(1)(b) or (3) a member to a rank of or below the rank of Senior Sergeant; (b) makes a decision referred to in section 17(b); (c) makes an appointment contrary to section 18(5); or (d) refuses under section 166AA(3) to promote or transfer a member, an appeal may be made, in the prescribed manner and form, to a Promotions Appeal Board against the promotion, decision, appointment or refusal by - (e) in the case of a promotion referred to in paragraph (a) - a member who is qualified, and who has applied, for promotion to the rank to which that promotion was made; (f) in the case of a decision referred to in paragraph (b) - a member who is qualified, and who has applied, for promotion to the prescribed position; (g) in the case of an appointment referred to in paragraph (c) - a Police Cadet who was, at the time of the appointment, qualified for promotion to the rank of Constable and who is still so qualified; and (h) in the case of a refusal referred to in paragraph (d) - the member whose promotion or transfer was refused. (2) An appeal under this section shall be lodged within 21 days after the notification in the Police Gazette is given of the promotion, decision or appointment, or such longer period as the Commissioner, in a particular case, allows. (3) The only ground on which an appeal may be made under this section is that the appellant has superior merit to the member promoted or person appointed, as the case may be. (4) Subject to subsection (5), the procedures in and in relation to an appeal under this section (including the power to compel the attendance of witnesses and the giving of evidence), are as prescribed or, where there is no procedure prescribed in relation to a particular matter, are in the discretion of the Appeal Board. (5) Neither the Commissioner nor an appellant may be represented by a legal practitioner at the hearing of an appeal under this section. 93 Promotions Appeal Boards (1) For the purposes of section 92, the Commissioner shall, from time to time, establish such number of Promotions Appeal Boards as are required to expeditiously deal with appeals under that section. (2) A Promotions Appeal Board shall be constituted by the following persons appointed by the Commissioner: (a) a Chairman, who shall be appointed from a panel approved for that purpose by the Minister on the advice of the Commissioner given after consultation by the Commissioner with the Police Association; (b) a person nominated by the Police Association; and (c) one other person who shall be appointed from a panel approved for that purpose by the Minister on the advice of the Commissioner. (3) A Promotions Appeal Board may - (a) strike out an appeal that it considers vexatious or frivolous; and (b) in any case, award costs in respect of an appeal. (4) In determining an appeal, a Promotions Appeal Board may - (a) disallow the appeal; (b) allow the appeal and direct the Commissioner to promote the appellant; or (c) direct the Commissioner to re-advertise the vacancy. (5) Where the Commissioner is directed under subsection (4)(b) to promote an appellant but the appellant is unwilling to accept the promotion, the Commissioner may refer the matter back to the Appeal Board for directions (and the Appeal Board has jurisdiction to give such directions) or re-advertise the vacancy. (6) The Chairman and members of a Promotions Appeal Board hold office - (a) for 3 years; and (b) subject to the terms and conditions determined by the Minister. Division 2 Inability and disciplinary appeals 94 Inability or disciplinary appeals (1) A member aggrieved by - (a) the action of the Commissioner under section 78;or (b) the action under section 84E(3) by a member; or (c) the action under section 81(2)(d) or 84D by the Commissioner or a prescribed member; or (ca) a direction of the Commissioner under section 84G that the member not be paid salary during the period of the member's suspension under section 76A or 80; or (d) a direction, action or intention under section 89 by or of the Commissioner; or (e) a decision or opinion as a result of which such an action was taken, direction given or intention made, may, within 14 days after being notified of the action, direction or intention (or, in a case referred to in paragraph (b), within 14 days after being notified of the action taken as a result of a review under section 84E(3)), and in the prescribed manner and form - (f) in the case of an action referred to in paragraph (a), (b), (c) or a decision or opinion relating to such action - appeal to a Disciplinary Appeal Board against the action; or (fa) in the case of a direction referred to in paragraph (ca) - appeal to a Disciplinary Appeal Board against the direction; or (g) in the case of a direction, action or intention referred to in paragraph (d) or a decision or opinion relating to such direction, action or intention - appeal to an Inability Appeal Board against the direction, action or intention. (2) For the purposes of this section, an Appeal Board shall be constituted by the following persons appointed by the Commissioner: (a) a Chairman, who shall be appointed from a panel approved for that purpose by the Minister on the advice of the Commissioner given after consultation by the Commissioner with the Police Association; (b) a person nominated by the Police Association; and (c) one other person, who shall be from a panel approved for that purpose by the Minister on the advice of the Commissioner. (3) Nothing in this Act prevents more than one Disciplinary or Inability Appeal Board (to deal with different matters under this Part) being in existence at the one time. (4) The Chairman and members of a Disciplinary or Inability Appeal Board hold office - (a) for 3 years; and (b) subject to the terms and conditions determined by the Minister. (5) The person appointed to be Chairman must: (a) be a lawyer who has been admitted to the legal profession for at least 5 years; or (b) have other qualifications or experience which, in the opinion of the Minister, are suitable for the office of Chairman. (6) In determining an appeal, a Disciplinary or Inability Appeal Board may - (a) disallow the appeal; or (b) allow the appeal in whole or in part and direct the Commissioner or member to take such action under sections 78, 81(2)(d), 81(3), 83 or 89 as the Appeal Board considers necessary. (7) In this section, for the purpose of enabling an appeal under subsection (1) against the dismissal of a member from the Police Force to be made, member includes a former member. 95 Procedure, &c., of appeals (1) This section applies only to and in relation to appeals under section 94. (2) Subject to subsection (3), an appeal shall be by way of a review of the material taken into account by the Commissioner or prescribed member against whose direction, action, intention, decision or opinion the appeal is lodged. (3) Where a party to an appeal considers that there was additional material that was not available to the Commissioner or prescribed member before he took the action or formed the intention, the party may, in the prescribed manner and form, apply to the Appeal Board to admit that material and, in its discretion, to deal with the appeal as a hearing de novo. (4) For the purpose of determining whether to admit the material or to declare the appeal a hearing de novo, the Appeal Board may conduct a preliminary hearing. (5) The decision of the Appeal Board on an application under subsection (3) is capable of being reviewed by a court. (6) The procedure for an appeal or a preliminary hearing is, subject to this section and the Regulations, within the discretion of the Appeal Board. (7) An appeal under this Part shall be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Part and a proper consideration of the matter permit. (8) If an Appeal Board thinks fit, an appeal may be determined without an oral hearing. (9) Where an Appeal Board conducts an appeal by holding an oral hearing, it shall give reasonable notice to the appellant, the Commissioner and any other person who is joined as a party to the appeal of the date, time and place at which the oral hearing is to occur. (10) An appeal shall not be heard in public unless either party to the appeal so requests and the Appeal Board agrees. (11) Where an Appeal Board conducts an appeal by holding an oral hearing, each party is entitled to appear and to tender a written summary of the submissions made at the oral hearing. (12) Where an Appeal Board conducts an appeal without holding an oral hearing, each party is entitled to tender written submissions. (13) An Appeal Board, when conducting an appeal as a hearing de novo, may admit evidence at the appeal notwithstanding that the evidence would not be admissible in a court. (14) An Appeal Board, when conducting an appeal as a hearing de novo, may - (a) summon a person whose evidence appears to be material to the appeal; (b) take evidence on oath and, for that purpose, may administer an oath; and (c) require a person to produce documents or records in the person's possession or under the person's control which appear to be material to the appeal. (15) A person who, without reasonable excuse (and to whom, where the person is not a member, payment or tender of reasonable expenses has been made), neglects or fails to attend in obedience to a summons under subsection (14) or to be sworn or make an affirmation, to answer relevant questions or to produce relevant documents when required to do so under that subsection, is guilty of an offence. Penalty: $5,000. (16) An Appeal Board may - (a) strike out an appeal that it considers vexatious or frivolous; and (b) in any case, award costs both in respect of a preliminary hearing and the appeal. (17) An Appeal Board shall give its decisions in writing, shall cause copies of decisions to be served on each of the parties and shall, if a party within 14 days after the copy of the relevant decision is served on him so requests, provide the party with written reasons for the decision. Division 3 General 96 Person to answer questions A person is not excused from answering a question when required to do so under this Part on the ground that the answer to the question might tend to incriminate the person or make the person liable to a penalty, but the answer to any such question is not admissible in evidence against the person in any other proceedings against the person under this Act or in criminal proceedings against the person in a court. 97 Staff of Appeal Boards (1) There shall be a Registrar of Appeal Boards who shall be appointed by the Minister. (2) The Registrar shall perform such duties and functions as are provided by or under this Act and such other duties and functions as a Chairman of an Appeal Board directs. (3) The Registrar, and the staff necessary to assist the Registrar, shall be persons appointed or employed under this Act or the Public Sector Employment and Management Act. 98 Serving member on Appeal Board to be considered on duty A member who attends or travels to or from a meeting of an Appeal Board in the member's capacity as a member of the Appeal Board shall be regarded as performing the functions and duties of his office as a member of the Police Force during that period. 99 Disclosure of interests Where a matter comes before an Appeal Board in which a member of the Appeal Board is directly concerned, the member shall notify his interest to the Minister and shall temporarily cease to act, and the Minister shall, in the prescribed manner, appoint a temporary substitute member of the Appeal Board. 100 Communication of Appeal Board matters A member of an Appeal Board shall not communicate information which he has received in the performance of the member's duties in connection with the exercise of the powers or the performance of the functions of the Appeal Board to a person other than a member of the Appeal Board or to a person to whom the Appeal Board has authorised the member to communicate the information. Penalty: $2,000. 101 Protection of members, parties and witnesses (1) A member of an Appeal Board has, in the performance of the member's duty as a member, the same protection as a Judge of the Supreme Court. (2) A legal practitioner or other person appearing before an Appeal Board has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. (3) Subject to this Act, a person summoned to attend or a person appearing before an Appeal Board as a witness has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings, as a witness in proceedings in the Supreme Court. Part VIA Use of dangerous drugs for training Division 1 Preliminary matters 102 Object of Part (1) The object of this Part is to ensure that training in the Police Force about dangerous drugs is realistic and effective. (2) The object is to be achieved by putting in place arrangements: (a) to allow members of the Police Force to have access to dangerous drugs for training; and (b) to ensure those dangerous drugs: (i) are carefully handled to ensure their effectiveness for training is not compromised; and (ii) are subject to strict tracking and accountability requirements. 103 Definitions In this Part: agency arrangement, see section 104. disposal, of a batch of a dangerous drug used for training, includes: (a) the destruction of the batch; and (b) the return of the batch to a relevant agency under an agency arrangement. drug control officer, see section 106. drug training direction, see section 105. drug vault means a facility that is: (a) suitable for the storage of dangerous drugs in the possession of the Police Force for training under the authority of a drug training direction; and (b) secure against unauthorised entry. register means the register of dangerous drugs used for training kept under section 109. relevant agency means a department or other agency of the Commonwealth, a State or a Territory. senior member means a member of or above the rank of Assistant Commissioner. training means training in the Police Force about dangerous drugs. Division 2 Administrative matters 104 Agency arrangement (1) An agency arrangement is an arrangement, or a series of arrangements, between the Commissioner and the chief executive officer (by whatever name known) of a relevant agency providing for the following: (a) the transfer of possession of a batch of a dangerous drug from the possession of the relevant agency into the possession of the Police Force; (b) that the batch of the dangerous drug is to be used for training in the Police Force; (c) the type and extent of the training for which the batch of the dangerous drug is to be used; (d) what is to be done with the batch of the dangerous drug at the end of the training; (e) anything else the parties to the arrangement consider appropriate. Example for subsection (1) A series of arrangements could consist of a first arrangement establishing basic principles to govern the supply by the relevant agency to the Police Force of dangerous drugs to be used for training, a second arrangement establishing particular procedures to be followed for transferring particular types of dangerous drugs between the relevant agency and the Police Force, and a third arrangement providing for special circumstances applying to a batch of one of the particular types of dangerous drugs mentioned in the second arrangement. (2) The Commissioner may enter into an agency arrangement only if the relevant agency is authorised to possess the batch of the dangerous drug the subject of the arrangement. (3) The Commissioner must ensure the Police Force complies with an agency arrangement. 105 Drug training direction (1) A drug training direction is a direction given by a senior member: (a) authorising: (i) the keeping of a batch of a dangerous drug; and (ii) the use of the batch in training; and (iii) the disposal of the batch at the end of the training; and (b) stating the conditions under which the keeping, use and disposal of the batch of the dangerous drug is authorised. (2) A senior member may give a drug training direction for a batch of a dangerous drug only if the batch: (a) is in the possession of the Police Force: (i) having been forfeited, or ordered to be forfeited, to the Territory under an Act; or (ii) having been ordered under an Act to be disposed of or destroyed; or (b) comes into the possession of the Police Force under an agency arrangement. (3) The conditions stated in a drug training direction must include the following: (a) the batch must be used only for the training purposes specified in the condition; (b) the training for which the batch is used must be of the type and extent specified in the condition; (c) if at any time the batch or part of the batch is not being stored in a drug vault, it must: (i) be under the effective control of a drug control officer or one or more of the members specified in the condition; or (ii) be kept securely in a way specified in the condition; (d) as soon as practicable after the end of the training, the disposal of the batch must be as specified in the condition. Example of training purpose for subsection (3)(a) Training police dogs to detect the odour of dangerous drugs. (4) Subsection (3) does not limit the conditions that may be included in a drug training direction. (5) A senior member who gives a drug training direction must ensure that members of the Police Force comply with the conditions stated in the direction. 106 Drug control officer (1) A drug control officer is a member of the Police Force of or above the rank of Superintendent who is authorised in writing by the Commissioner to perform the functions of administering and controlling the following: (a) the receipt into the possession of the Police Force of batches of dangerous drugs to be used for training; (b) the storage of the batches; (c) the movement of the batches, or parts of the batches, in and out of storage for use in training; (d) the disposal of the batches. (2) A drug control officer must perform the functions of the position in accordance with this Part and any conditions included in the authorisation given under subsection (1). (3) A drug control officer has power to do all things necessary to be done for the performance of the functions of the position. Division 3 Keeping dangerous drugs for use in training 107 When dangerous drugs may be kept for training A batch of a dangerous drug may lawfully be kept in the possession of the Police Force and used for training if: (a) the keeping of the batch and its use for training is authorised under a drug training direction; and (b) the batch is kept and used for training in accordance with the conditions included in the drug training direction. 108 Requirements for keeping dangerous drugs for training (1) The following requirements apply in relation to the possession by the Police Force of dangerous drugs for training: (a) each batch of a dangerous drug must be stored in a drug vault; (b) when a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the Commissioner, the weight and purity of the batch; (c) a drug vault must not be used for storing a dangerous drug that is in the possession of the Police Force other than for training; (d) a drug vault must be designed and constructed for ensuring (to the greatest practicable extent) that each batch of a dangerous drug stored in it keeps its level of effectiveness for training; (e) a drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch or can otherwise be made ineffective or less effective for training; (f) the whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch or a part of the batch is required to be held somewhere else for training; (g) an audit of each drug vault must be conducted at least once every 3 months by a member of the Police Force who: (i) is of or above the rank of Commander; and (ii) is not otherwise directly associated with the keeping or use of dangerous drugs for training; (h) when a batch of a dangerous drug leaves a drug vault for the last time: (i) it must be accompanied by a document certifying, in a way approved by the Commissioner, the weight and purity of the batch; and (ii) a copy of that certifying document must be kept at the drug vault or at another place the Commissioner directs. (2) Without limiting the scope of an audit under subsection (1)(g), the audit must include the following measures: (a) weighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; (b) finding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the vault; (c) a review of the register. (3) Without limiting the requirements for an audit under subsection (1)(g), requirements for the audit include the following: (a) the performance of the audit must be supervised by a member who: (i) is a senior member; and (ii) is not otherwise directly associated with the keeping or use of dangerous drugs for training; (b) all batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst as defined in the Misuse of Drugs Act; (c) the accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the Commissioner. Division 4 Register of dangerous drugs used for training 109 Register (1) The Commissioner must keep a register of dangerous drugs used for training. (2) The register may form part of another register, whether kept under this or another Act. (3) The Commissioner: (a) subject to subsection (4), may keep the register in the way the Commissioner considers appropriate, including by keeping it entirely or partly in electronic form; and (b) must ensure the register is kept in a secure place. (4) The register must be kept in a way that (to the greatest practicable extent) enables a drug control officer, or a member performing a lawful function associated with the keeping of dangerous drugs in the possession of the Police Force under this Act (whether or not under this Part), to comply with the requirements of this Act. (5) An entry in the register may be made only by a drug control officer or a person authorised by the Commissioner to make entries in the register. (6) If a senior member gives a direction under section 111 restricting access to information in the register, a drug control officer or person authorised by the Commissioner under subsection (5) must ensure the information is recorded in a way that (to the greatest practicable extent) stops disclosure of the information to a person not authorised to have access to it. 110 Information to be recorded in register (1) The following information must be recorded in the register about each batch of a dangerous drug received into the possession of the Police Force to be used for training: (a) the name of the dangerous drug; (b) a description of the batch; (c) the weight, in grams, of the batch; (d) a description of any container or packaging, and of any other item, used for conveying the batch into the possession of the Police Force; (e) the weight, in grams, of any container or packaging, and any other item, used for conveying the batch into the possession of the Police Force; (f) when the batch was received into the possession of the Police Force; (g) the purity of the batch and details of the certification of the purity; (h) a description of the circumstances in which the batch came into the possession of the Police Force. (2) The following information must be recorded in the register if all or part of a batch of dangerous drugs (the drugs) is taken from a drug vault to be used for training: (a) when the drugs leave the vault; (b) the nature of the training for which the drugs are to be used; (c) the condition of any container or packaging in which the drugs leave the vault; (d) the weight, in grams, of the drugs when they leave the vault; (e) the condition of any container or packaging in which the drugs are returned to the vault; (f) the weight, in grams, of the drugs when they are returned to the vault. (3) The following information must be recorded in the register when a batch of dangerous drugs leaves a drug vault for the last time for disposal in accordance with a drug training direction: (a) the weight, in grams, of the batch when it leaves the vault; (b) the weight, in grams, of any container or packaging in which the batch leaves the vault. (4) Recording under subsection (1), (2) or (3) must be performed as close as reasonably practicable to the occurrence of the event to which the recording relates. 111 Restriction on access to information in register (1) A senior member may give a direction that only the following persons may have access to information recorded in the register: (a) a drug control officer who reasonably needs the information for the performance of the officer's functions under this Part; (b) a member who reasonably needs the information for conducting or supervising an audit of a drug vault under this Part; (c) any other member who is performing a function associated with the keeping of dangerous drugs in the possession of the Police Force under this Act (whether or not under this Part) and reasonably needs the information for the performance of the function; (d) any other person specified in the direction. (2) A direction under subsection (1) must state whether it applies to all information recorded in the register or only to information of a type specified in the direction. (3) A senior member may give a direction under subsection (1), and keep the direction in place, only if the senior member considers it is necessary to do so to ensure: (a) the security of a drug vault; or (b) the safety of: (i) a drug control officer; or (ii) another person associated with keeping dangerous drugs in the possession of the Police Force for training; or (iii) a person associated with a person mentioned in subparagraph (i) or (ii). (4) There must be a written record of the reasons for each direction given under subsection (1). Part VII Police powers Division 1 Preliminary 116 Interpretation (1) For the purposes of this Part, unless the contrary intention appears - (a) anything with respect to which an offence has been committed or is believed on reasonable grounds to have been committed; (b) anything with respect to which there are reasonable grounds for believing that it will offer evidence of the commission of any such offence; or (c) anything with respect to which there are reasonable grounds for believing that it is intended to be used for the purposes of committing any such offence, shall be taken to be a thing connected with or relating to an offence, and includes anything that has been unlawfully obtained in connection with or relating to an offence. (2) In this Part unless the contrary intention appears - aircraft includes any machine that can derive support in the atmosphere from the reactions of the air. ammunition, see the Firearms Act. at, a place, includes in or on the place. explosive includes the following: (a) a substance or compound that is, itself, or in combination with another substance or compound, by the application of a suitable stimulus to a small portion of its mass, capable of: (i) being converted almost instantaneously into another substance, largely or entirely gaseous; and (ii) creating an explosion; (b) a device made or adapted to enable it to be used in combination with a substance or compound mentioned in paragraph (a) to create an explosion; (c) anything prescribed by regulation to be an explosive. firearm, see the Firearms Act. place includes - (a) vacant land; (b) premises; and (c) an aircraft, ship, train or vehicle. premises includes - (a) a building or structure; (b) a part of a building or structure; and (c) land on which a building or structure is situated. ship means a vessel or boat of any description, and includes a floating structure and a hovercraft or similar craft, but does not include a ship under the control of the Australian Defence Force or the defence force of a foreign country. vehicle means any vehicle propelled by internal combustion, steam, gas, oil, electricity or any other power and used or intended for use or adapted or capable of being adapted for use on roads, whether or not it is in a fit state for such use, and includes any trailer or caravan intended or adapted or capable of being adapted for use as an attachment to such a vehicle, any chassis or body, with or without wheels, appearing to form or to have formed part of such a vehicle, trailer or caravan and anything attached to such a vehicle, trailer or caravan. (5) For the purposes of this Part, the term offensive weapon means a gun, pistol, sword, knife or bludgeon, or any article made or adapted to cause damage to property or to cause injury or fear of injury to the person or by which the person having it intends to cause damage to property or to cause injury or fear of injury to the person. (6) A reference in this Part to an offence shall, unless the contrary intention appears, include a reference to a crime, a felony, a misdemeanour and any offence triable summarily and shall include an offence against a law of the Commonwealth or of the Territory. (7) In this Part, a reference to an information, unless the contrary intention appears, includes a complaint, and informant includes a complainant. (8) For the purposes of this Part, a person shall be deemed to have made an application to a Judge, magistrate or justice by telephone if his application, any submissions concerning his application, and any information required by the Judge, magistrate or justice in connection with his application are furnished to the Judge, magistrate or justice either wholly or in part, by means of telephone, telex, radio or similar facilities. (9) For the purposes of this Part, a person shall not be taken to have been charged with an offence unless - (a) subject to paragraph (b), particulars of the charge have been entered in a Police Station charge book; or (b) where it is not practicable to comply with the requirements of paragraph (a), a person is held in custody following his arrest and has been advised by a member that he will be charged with an offence. Division 1A Use of dogs and horses 116A Definitions In this Division: dangerous thing means any of the following: (a) a dangerous drug; (b) a precursor or drug manufacturing equipment as defined in section 120A; (c) an offensive weapon; (d) a controlled weapon or prohibited weapon as defined in the Weapons Control Act; (e) a firearm or ammunition; (f) an explosive; (g) a thing prescribed by regulation to be a dangerous thing; (h) a thing mentioned in paragraphs (c) to (g) in connection with a target of an authorisation under the Terrorism (Emergency Powers) Act. detection, of a dangerous thing, includes the following: (a) deploying a detection dog in the vicinity of a person to ascertain whether the dog can detect the odour of a dangerous thing on the person; (b) deploying a detection dog in the vicinity of or at a place to ascertain whether the dog can detect the odour of a dangerous thing at the place. detection dog, in relation to the detection of a dangerous thing, means a police dog trained to detect that dangerous thing. 116B Extended application of Division (1) This Division extends to the use by the Police Force of dogs that: (a) are provided to the Police Force by another body (including an agency or department of the Commonwealth) to be used under this Division; and (b) are under the control of a handler who is not a member of the Police Force. (2) If a police dog is under the control of a handler who is not a member of the Police Force: (a) the handler is entitled to accompany the member using the dog and enter and remain at any place in accordance with section 116D; and (b) sections 116E and 116G apply to the handler as if the handler were the member using the dog. 116C Authority to use police dogs and police horses (1) A member of the Police Force is authorised to use a police dog or a police horse to assist the member generally in the exercise of the member's powers or performance of the member's functions. (2) A member is authorised to use a detection dog to assist the member in the exercise of the member's powers or performance of the member's functions relating to the detection of a dangerous thing. (3) A member using a police dog or police horse must comply with this Division and any of the following that relate to the use of police dogs or police horses: (a) general orders; (b) orders, instructions or guidelines published in the Police Gazette. 116D Authority for entry of police dogs and police horses (1) Despite any other law in force in the Territory, if a member of the Police Force uses a police dog or police horse in accordance with section 116C, the dog or horse may accompany the member and enter and remain at any place the member may lawfully enter and remain. (2) To avoid doubt, subsection (1) applies whether the member is authorised to enter the place: (a) under a warrant; or (b) by an Act, without a warrant. 116E Control of police dogs and police horses (1) A member of the Police Force using a police dog or police horse is required to keep the dog or horse under control to the extent that is reasonable in the circumstances. (2) A member using a detection dog to assist in the detection of a dangerous thing must take all reasonable precautions to prevent the dog touching a person. 116F Reasonable grounds for search without warrant on indication of detection dog (1) Subsection (2) applies if, before exercising a power under an Act to search a person or place without a warrant, a member of the Police Force is required to form a suspicion on reasonable grounds that: (a) the person is carrying or has in the person's possession, or is in control of, a dangerous thing; or (b) there is something at the place (including in a vehicle at a public place) that may be a dangerous thing. (2) There are reasonable grounds for the suspicion if a detection dog indicates it has detected the odour of a dangerous thing: (a) on the person or on, or in, a thing in the person's immediate control; or (b) on or in a thing, not in the person's immediate control but which the member suspects on reasonable grounds is connected with the person, that is at the place where the detection is being carried out; or (c) at the place. 116G Protection from liability for use of police dog or police horse (1) A member of the Police Force is not civilly or criminally liable if a police dog or police horse, while being used by the member in good faith in the exercise of a power or performance of a function as a member: (a) comes into physical contact with a person or a person's clothing; or (b) causes damage to a thing. Example of physical contact for subsection (1)(a) Restraining, pushing, biting or kicking a person. (2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act of the dog or horse. (3) A member of the Police Force or the Territory is not civilly or criminally liable merely because a police dog or police horse entered or was at a place. (4) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function. 116H Non-application of certain laws (1) The following provisions do not apply in relation to a police dog: (a) section 75A of the Summary Offences Act; (b) Part X of the Law Reform (Miscellaneous Provisions) Act. (2) Any other law of the Territory relating to dogs or horses does not apply in relation to police dogs or police horses. Division 2 Search and entry 117 Search warrants (1) Where an information on oath is laid before a justice alleging that there are reasonable grounds for believing that anything connected with an offence may be concealed on the person of, in the clothing that is being worn by or in any property in the immediate control of, a person, the justice may issue a search warrant authorising a member of the Police Force named in the warrant to search the person of, the clothing that is being worn by or property in the immediate control of, the person and seize any such thing that he may find in the course of the search. (2) Where an information on oath is laid before a justice alleging that there are reasonable grounds for believing that there is at a place anything relating to an offence, the justice may issue a search warrant authorising a member of the Police Force named in the warrant to enter and search the place and seize anything relating to an offence found in the course of the search at the place. (3) A justice shall not issue a warrant under subsection (1) or (2) in relation to an information unless - (a) the information sets out or has attached to it a written statement of the grounds upon which the issue of the warrant is sought; (b) the informant or some other person has given to the justice, either orally or by affidavit, such further information, if any, as the justice requires concerning the grounds on which the issue of the warrant is being sought; and (c) the justice is satisfied that there are reasonable grounds for issuing the warrant. (4) Where a justice issues a warrant under subsection (1) or (2) he shall record in writing the grounds upon which he relied to justify the issue of the warrant. (5) There shall be stated in the warrant issued