Northern Territory Consolidated Acts

POLICE ADMINISTRATION ACT

TABLE OF PROVISIONS

           Long Title

           Part I Preliminary
   1.      Short title
   2.      Commencement
   3.      Repeal and savings
   4.      Interpretation
           Part II Police Force of the Northern Territory
           Division 1 Establishment of Police Force
   5.      Northern Territory Police Force
   6.      Constitution of Police Force
           Division 2 Commissioner, Deputy and Assistant Commissioners
   7.      Commissioner of Police and Deputy Commissioner of Police
   8.      Assistant Commissioner of Police
   9.      Remuneration of Commissioner, &c.
   10.     Retirement
   11.     Resignation
   12.     Acting Commissioner, &c.
   13.     Interim vacancies
   14.     Control and management of Police Force
   14A.    General orders
   14B.    Commissioner may transfer members
   14C.    Disciplinary procedures
           Division 3 Appointment, resignation and dismissal of members
   15.     Commissioner may determine establishment of Police Force
   15A.    Merit for appointment or promotion
   16.     Commissioner may appoint or promote members
   16A.    Members on probation
   16AA.   Issue of commission
   16AAA.  Term or contract employment
   17.     Requirements for appointment to rank other than constable
   17A.    Allowance for member having special qualifications
   18.     Police Cadets
   19.     Aboriginal Community Police and auxiliaries
   20.     Resignation
   21.     Reappointment of person who resigned to contest elections
   22.     Retirement
   25.     Function of members
   26.     Members to take oath
   27.     Oath binding on members
   28.     Members to serve the Crown
           Division 4 Appointment and duties of Special Constables generally
   29.     Appointment of police of other jurisdictions as Special Constables
   30.     Appointment of other persons as Special Constables
   31.     Revocation of appointment
   32.     Special Constable to take oath or make affirmation
   33.     Evidence of appointment
   34.     Neglect of duty
           Division 5 Special Constables and urgent cross-border assistance
   34A.    Definitions
   34B.    Declaration of incident requiring urgent cross-border assistance
   34C.    Extension of declaration
   34D.    Appointment of Special Constables
   34E.    Oath or affirmation
   34F.    Termination of appointment
           Division 6 Ethical and Professional Standards Command
   34G.    Establishment of Ethical and Professional Standards Command
   34H.    Functions
   34J.    Composition of Police Standards Command
   34K.    Police Standards Command members not subject to direction
   34L.    Police Standards Command members may be directed to perform other functions
   34M.    Others may be directed to exercise powers and perform functions for Police Standards Command
           Part III Conditions of service of members of Police Force
           Division 1 Police Arbitral Tribunal
   35A.    Definitions
   35.     Establishment of Tribunal
   36.     Constitution of Tribunal
   36A.    Deputy members
   36B.    Commissioner and Association to recommend certain members of Tribunal
   37.     Duration of appointment
   37A.    Members and deputy members to take oath or affirmation
   38.     Procedures
   39.     Secretary to the Tribunal
   40.     Meetings may be requested
   40A.    Attempts at conciliation to be made
   40B.    Conciliation
   40C.    Referral of matters to Tribunal
   40D.    Panel of conciliators
   42.     Gazettal of determinations
   43.     Determination binding on all parties
   44.     Interpretation of determination
   45.     Witnesses
   46.     Oaths
   47.     Failure to answer summons
   48.     Offences by witnesses
   49.     Perjury
   50.     Protection of members of Tribunal
   50A.    Appeals to Supreme Court
           Division 2 Consent agreements
   51.     Parties to consent agreement
   52.     Consent agreements to be in writing
   53.     Certification of consent agreements by Tribunal
   54.     Consent agreement binding on all parties
   55.     Consent agreement to be notified in the G
   56.     Duration of consent agreement
   57.     Effect of consent agreement of the Tribunal
           Part IV Discipline
           Division 1 Duties and obligations of members
   76.     Breaches of discipline
   76A.    Suspension of member facing criminal charges
   77.     Effect of pending criminal proceedings
           Division 2 Public interest dismissal
   78.     Dismissal
           Division 3 Disciplinary powers generally
   79.     Service of notice for alleged breach of discipline
   80.     Action pending decision on alleged breach of discipline
   81.     Member's response to notice for alleged breach of discipline
   82.     Conduct of investigation
   83.     Medical examinations
   84.     Outcome of investigation
   84A.    Charge of breach of discipline
   84B.    Conduct of hearing
   84C.    Action that may be taken after hearing
   84D.    Order of Commissioner or prescribed member
   84E.    Review of actions taken or fines imposed
           Division 4 General
   84F.    Notices
   84G.    Payment of salary during suspension
   84H.    Payment, &c., where no disciplinary action taken or appeal allowed
   84J.    Payment of fines and amount of money
           Part V Inability of member to discharge duties
   87.     Inability of member to discharge duties
   88.     Review of grounds
   89.     Action following review
   90.     Stand-down during review under section 88
   91.     Medical incapacity
           Part VI Appeals
           Division 1 Promotion Appeals
   92.     Promotion Appeals
   93.     Promotions Appeal Boards
           Division 2 Inability and disciplinary appeals
   94.     Inability or disciplinary appeals
   95.     Procedure, &c., of appeals
           Division 3 General
   96.     Person to answer questions
   97.     Staff of Appeal Boards
   98.     Serving member on Appeal Board to be considered on duty
   99.     Disclosure of interests
   100.    Communication of Appeal Board matters
   101.    Protection of members, parties and witnesses
           Part VIA Use of dangerous drugs for training
           Division 1 Preliminary matters
   102.    Object of Part 103. Definitions
           Division 2 Administrative matters
   104.    Agency arrangement
   105.    Drug training direction
   106.    Drug control officer
           Division 3 Keeping dangerous drugs for use in training
   107.    When dangerous drugs may be kept for training
   108.    Requirements for keeping dangerous drugs for training
           Division 4 Register of dangerous drugs used for training
   109.    Register
   110.    Information to be recorded in register
   111.    Restriction on access to information in register
           Part VII Police powers
           Division 1 Preliminary
   116.    Interpretation
           Division 1A Use of dogs and horses
   116A.   Definitions
   116B.   Extended application of Division
   116C.   Authority to use police dogs and police horses
   116D.   Authority for entry of police dogs and police horses
   116E.   Control of police dogs and police horses
   116F.   Reasonable grounds for search without warrant on indication of detection dog
   116G.   Protection from liability for use of police dog or police horse
   116H.   Non-application of certain laws
           Division 2 Search and entry
   117.    Search warrants
   118.    Search warrant may be issued by telephone
   118A.   Seizure authorised under search warrant
   119.    Urgent searches without warrant
   119AA.  Search without warrant for explosive, offensive weapon etc.
   119A.   Powers incidental to search and entry powers
   120.    Power of police to enter place used for entertainment
           Division 2A Special provisions about dangerous drugs
   120A.   Definitions
   120B.   Search warrants
   120BA.  Seizure
   120BB.  Seizure authorised under search warrant
   120C.   Searching without warrant
   120D.   Use of reasonable force
   120E.   Search of females
           Division 3 Arrest
   121.    Arrest warrants
   122.    Arrest warrant may be issued by telephone
   123.    Arrest without warrant by members of Police Force
   124.    Arrest of person where warrant issued
   125.    Power to arrest interstate offenders
   126.    Power to enter to make arrest or preserve peace
   127.    Persons to be informed of reason for arrest
           Division 4 Apprehension without arrest
   127A.   Definition
   128.    Circumstances in which a person may be apprehended
   129.    Period of apprehension
   130.    Protection of apprehended person
   131.    Release
   132.    Continued detention of person taken into custody under section 128
   133.    Application to member for release
           Division 4A Notice to appear before Court
   133A.   Definitions
   133B.   Member may issue and serve notice to appear
   133C.   Form of notice to appear
   133D.   Notice to appear to be filed
   133E.   Person to be given complaint or information
           Division 5 Furnishing of name and address
   134.    Requirement to furnish names and addresses
   135.    Disclosure of names
           Division 6 Bringing detained person before a justice or court and obtaining evidence, &c., after taking into custody
   136.    Application
   137.    Time for bringing person before justice or court generally
   138.    Determining reasonable period during which person detained, &c., to be brought before justice or court
   138A.   Time for holding intoxicated person before charging and bringing before justice or court
           Division 6A Recording of confessions and admissions
   139.    Definition
   140.    Person to be warned and given opportunity to inform friend or relative of person's whereabouts
   141.    Warning and offer of facilities to communicate to be tape-recorded
   142.    Electronic recording of confessions and admissions
   143.    Certain evidence may be admitted
           Division 7 Forensic examinations
   144.    Search of persons in lawful custody
   145.    Intimate procedures
   145A.   Non-intimate procedures
   145B.   Voluntary non-intimate procedures
   146.    Certain non-intimate procedures on persons in custody
   147.    Databases
   147A.   Exchange of information in databases
   147B.   Access to and use of information stored in database
   147C.   Retaining and analysing samples
   147D.   Powers under Division are additional to any others
   147E.   Arrangements with corresponding jurisdictions for registration of forensic orders
   147F.   Forensic material from corresponding jurisdictions
           Division 7A Crime scenes
   147G.   Definitions
   147H.   Application of Division
   147J.   Authority to enter place and establish crime scene
   147K.   Restricting access to crime scene
   147L.   Preserving evidence at crime scene
   147M.   Period for maintaining crime scene
   147N.   Crime scene powers
           Division 8 Closure of public places
   148.    Commissioner may close public places
           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
           Division 2 Protection of members from civil liability and Territory's vicarious liability
   148B.   Protection of members from civil liability
   148C.   Territory's vicarious liability
           Division 3 Legal proceedings for damages for torts by members
   148D.   Definition
   148E.   Application of Division
   148F.   How police tort claim is made
   148G.   Part does not affect certain claims and proceedings
           Part VIII Offences in relation to Police Force
   149.    Delivery of property
   152.    Deserting post
   153.    Assault on member
   154.    False representation
   155.    Communication of information
   156.    Personation
   157.    Offering bribes
   158.    Assault of member
   159.    Hindering member
   159A.   Killing or injuring police dogs or police horses
   160.    Unlawfully aiding or securing release from custody
           Part IX Miscellaneous
   160A.   Disciplinary, &c. investigations
   161.    Actions against members
   162.    Actions and prosecutions to be commenced within 2 months
   164.    Certificate of appointment
           165 Police Gazette *
   166.    Sale of goods
   166AA.  Medical examinations
   166A.   Service Medal
   166B.   Members engaging in business
   167.    Regulations
           Part X Transitional matters for Police Administration Amendment (Powers and Liability) Act 2005
   168.    Territory's vicarious liability
           Schedule
           ENDNOTES