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
   16.     Commissioner may appoint or promote members
   16A.    Members on probation
   16AA.   Issue of commission
   16AAA.  Term or contract employment
   17.     Preference for members, &c.
   17A.    Allowance for member having special qualifications
   18.     Police Cadets
   19.     Community and Auxiliary Police
   20.     Resignation
   21.     Reappointment of person who resigned to contest elections
   22.     Retirement
   23.     - 24. [Repealed]
   25.     Function of members
   26.     Members to take oath
   27.     Oath binding on members
   28.     Members to serve the Crown

           Division 4 - Special Constables

   29.     Police officers of other jurisdictions
   30.     Appointment
   31.     Revocation
   32.     Oath
   33.     Evidence of appointment
   34.     Neglect of duty

   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
   41.     [Repealed]
   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 Gazette
   56.     Duration of consent agreement
   57.     Effect of consent agreement of the Tribunal
   58.     [Division 3] [Repealed]
   59.     - 74. [Repealed]

   PART IV - DISCIPLINE

           Division 1 - Duties and obligations of Members

   75.     [Repealed]
   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

   85.     Interpretation
   86.     [Repealed]
   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
   102.    - 115. [Repealed]

   PART VII - POLICE POWERS

           Division 1 - Preliminary

   116.    Interpretation

           Division 2 - Search and Entry

   117.    Search warrants
   118.    Search warrant may be issued by telephone
   119.    Searches and emergencies
   119A.   Powers incidental to search and entry powers
   120.    Power of police to enter place used for entertainment

           Division 2A - Special Provisions Relating to Dangerous Drugs and Kava

   120A.   Definitions
   120B.   Search warrants
   120BA.  Seizure
   120C.   Searching vehicles, &c.
   120D.   Use of reasonable force
   120E.   Search of females
   120F.   - 120P. [Division 2B] [Repealed]

           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
   138.    Determining reasonable period during which person detained, &c., to be brought 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 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
   150.    False complaints
   151.    [Repealed]
   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
   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
   163.    [Repealed]
   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