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Queensland
POLICE SERVICE
ADMINISTRATION
AMENDMENT BILL 1993
Queensland
POLICE SERVICE ADMINISTRATION
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s.5.2 (Appointment to be on merit on impartial
procedures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of section 5.13 (Officer not to refuse transfer) . . . . . . . . . . . . 5
5.13 Officer not to refuse transfer, but may object . . . . . . . . . . . . . . . . . . 5
5.13A Objection to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5.13B Delay in attendance for duty on directed transfer to allow
for objection and review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s.9.3 (Application for review) . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 8
MINOR AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 22
ACTS REPEALED
1993
A BILL
FOR
An Act to amend the Police Service Administration Act 1990
4
Police Service Administration Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
This Act may be cited as the Police Service Administration 3
Clause1.
Amendment Act 1993. 4
Act 5
Amended
The Police Service Administration Act 1990 is amended as set out 6
Clause2.
in this Act. 7
Amendment of s.5.2 (Appointment to be on merit on impartial 8
procedures) 9
Clause3.(1) Section 5.2(2) and(3)-- 10
renumber as subsections (5) and (6). 11
(2) Section 5.2(1)-- 12
omit, insert-- 13
`5.2(1) In this section-- 14
"transfer" of a police officer to a position means the appointment of a 15
police officer to a position in which the police officer will hold the 16
same rank and be entitled to at least the same level of salary. 17
`(2) A decision to appoint a person as a police recruit or to a police 18
officer position must be made by fair and equitable procedures that-- 19
(a) include inviting applications and selection on the basis of the 20
merit of applicants; and 21
(b) prevent unjust discrimination, whether in favour of or against a 22
person. 23
`(3) However, if a decision is made to transfer a police officer on a basis 24
prescribed by regulation, the decision need not involve the procedures 25
mentioned in subsection (2)(a). 26
5
Police Service Administration Amendment
`(4) Written notice to a police officer of a transfer because of a decision 1
under subsection (3) must specify the prescribed basis used for the 2
transfer.'. 3
of section 5.13 (Officer not to refuse transfer) 4
Replacement
Section 5.13-- 5
Clause4.
omit, insert-- 6
not to refuse transfer, but may object 7
`Officer
`5.13(1) A police officer who is transferred to a position must accept the 8
transfer, even if the officer has not applied for it. 9
`(2) However, if the officer did not apply for the transfer, the officer 10
may-- 11
(a) object to the transfer under section 5.13A; or 12
(b) apply for a review of the transfer under section 9.3. 13
to transfer 14
`Objection
`5.13A(1) If a police officer is transferred to a position without applying 15
for the transfer, the officer may object to the transfer by giving the 16
Commissioner written reasons for the objection within 14 days of receiving 17
written notice of the transfer. 18
`(2) The Commissioner may allow or reject the objection. 19
`(3) If the Commissioner allows the objection, the transfer stops having 20
effect. 21
`(4) If the Commissioner rejects the objection, the Commissioner must 22
give the officer written reasons for the rejection. 23
`(5) This section-- 24
(a) does not limit the right of an officer to apply to a Commissioner 25
for Police Service Reviews for a review of the transfer (a 26
"transfer review"); but 27
(b) does limit the right of an officer to object to a transfer under this 28
section once the officer has applied for a transfer review. 29
6
Police Service Administration Amendment
`(6) If an officer objects to a transfer under this section, the time allowed 1
by regulation for an application for a transfer review does not start to be 2
counted until the day the Commissioner gives the officer written reasons 3
under subsection (4). 4
`(7) If an officer applies for a transfer review, the officer cannot start or 5
proceed further with an objection under this section. 6
in attendance for duty on directed transfer to allow for 7
`Delay
objection and review 8
`5.13B(1) If a police officer is transferred to a position, the 9
Commissioner cannot direct the officer to attend for duty in the position 10
until-- 11
(a) after the time allowed for an objection under section 5.13A(1) has 12
ended; and 13
(b) if the officer objects to the transfer--the Commissioner decides 14
the objection. 15
`(2) If-- 16
(a) the officer objects to the transfer under section 5.13 ; and 17
(b) the Commissioner rejects the objection; 18
the Commissioner cannot direct the police officer to attend for duty until 19
after the time allowed by regulation for an application to a Commissioner 20
for Police Service Reviews for a review of the transfer has ended. 21
`(3) Despite section 9.2, if the officer applies to a Commissioner for 22
Police Service Reviews for a review of the transfer, the Commissioner 23
cannot direct the officer to attend for duty-- 24
(a) if the officer then withdraws the application--until at least 14 25
days after the withdrawal; or 26
(b) if the officer does not withdraw the application and the 27
Commissioner decides under section 9.5 to proceed with the 28
transfer--until at least 14 days after the day the officer receives 29
written notice of the Commissioner's decision. 30
`(4) This section does not limit the Commissioner's powers to direct an 31
7
Police Service Administration Amendment
officer to attend for duty in a position in circumstances the Commissioner 1
considers are urgent.'. 2
of s.9.3 (Application for review) 3
Amendment
Section 9.3(1)-- 4
Clause5.
omit, insert-- 5
`9.3(1) A police officer who is aggrieved by a decision about-- 6
(a) the selection of an officer for appointment to a police officer 7
position, whether on promotion or transfer, if the selection 8
procedures mentioned in section 5.2(2)(a) were required to be 9
complied with; or 10
(b) the selection of an officer for transfer to a police officer position, 11
if the selection procedures mentioned in section 5.2(2)(a) were 12
not required to be complied with; or 13
(c) action against the officer for breach of discipline; or 14
(d) suspension or standing down of the officer; or 15
(e) another decision prescribed by regulation as open to review under 16
this Part; 17
may apply to have the decision reviewed by a Commissioner for Police 18
Service Reviews. 19
`(1A) An application for the review of a decision mentioned in 20
subsection (1)(a) may only be made by a person who properly applied for 21
appointment to the position concerned and was unsuccessful. 22
`(1B) An application for the review of a decision mentioned in 23
subsection (1)(b) may only be made by a police officer who was transferred 24
to the position concerned without applying for the transfer.'. 25
26
Repeals
Clause6. The Acts mentioned in Schedule 2 are repealed. 27
28
8
Police Service Administration Amendment
CHEDULE 1 1
¡S
INOR AMENDMENTS 2
M
section 2 3
1. Section 1.4-- 4
omit, insert-- 5
`Definitions 6
`1.4 In this Act-- 7
"approved form" means a form approved by the Commissioner for use 8
under this Act; 9
"award" has the same meaning as in the Industrial Relations Act 1990; 10
"breach of discipline" means a breach of this Act or a direction of the 11
Commissioner given under this Act, but does not include misconduct; 12
"commissioned officer" means a person who holds a position in the Police 13
Service as a commissioned officer; 14
"Commissioner" means the Commissioner of the Police Service; 15
"Commissioner for Police Service Reviews" means a Commissioner for 16
Police Service Reviews under section 9.2A; 17
"constable" means a person who holds a position in the Police Service as a 18
constable; 19
"disciplinary action" means action taken for misconduct, official 20
misconduct or a breach of discipline; 21
"executive officer" means a person who holds a position in the Police 22
Service as an executive officer; 23
"industrial agreement" has the meaning given by the Industrial Relations 24
Act 1990; 25
"industrial authority" means the Industrial Commission or Industrial 26
Court; 27
9
Police Service Administration Amendment
SCHEDULE 1 (continued)
"misconduct" means conduct that-- 1
(a) is disgraceful, improper or unbecoming an officer; or 2
(b) shows unfitness to be or continue as an officer; or 3
(c) does not meet the standard of conduct the community reasonably 4
expects of a police officer; 5
"noncommissioned officer" means a person who holds a position in the 6
Police Service as a noncommissioned officer; 7
"officer" means a police officer; 8
"official misconduct" has the meaning given by sections 2.22 and 2.23 of 9
the Criminal Justice Act 1989; 10
"place" means any, or any part of any, land, water, building, structure, 11
vehicle, vessel, aircraft or carriage; 12
"police officer" means a person declared under section 2.2(2) to be a police 13
officer; 14
"police recruit" means a person who holds a position in the Police Service 15
as a police recruit; 16
"prescribed responsibility" means the Commissioner's responsibility 17
under section 4.8; 18
"recruit" means a police recruit; 19
"Service" means the Police Service; 20
"special constable" means a person who holds a position as a special 21
constable; 22
"staff member" means a person who is a staff member of the Police 23
Service under section 2.5(1); 24
"transfer" of a police officer to a position has the meaning given by 25
section 5.2(1). 26
`Meaning of "tenure not limited by time" 27
`1.5 A person is appointed to a position on a "tenure not limited by 28
time" if the appointment does not specify an appointment period.'. 29
10
Police Service Administration Amendment
SCHEDULE 1 (continued)
2. Section 2.2(3)-- 1
omit. 2
3. Section 2.5-- 3
omit, insert-- 4
`Administration of staff members 5
`2.5(1) Staff members are-- 6
(a) officers of the public service assigned to perform duties in the 7
Police Service; and 8
(b) persons appointed as staff members by the Commissioner 9
under-- 10
(i) section 8.3(5); or 11
(ii) section 34 of the Public Service Management and 12
Employment Act 1988. 13
`(2) While performing duties in the Service, a staff member is subject to 14
the Commissioner's directions.'. 15
4. Section 3.1-- 16
omit, insert-- 17
`Meaning of "officer" in Part 18
`3.1 In this Part-- 19
"officer" includes a special constable.'. 20
5. Section 3.3 (after `prescribed')-- 21
insert `by regulation'. 22
11
Police Service Administration Amendment
SCHEDULE 1 (continued)
6. Section 3.6 1
omit, insert-- 2
`Performance of duty 3
`3.6 An officer performing a function of the Police Service is performing 4
a duty of an officer even if what the officer is doing could be done by 5
another person.'. 6
7. Section 4.2-- 7
omit, insert-- 8
`Appointment 9
`4.2(1) The Governor in Council may, on a recommendation agreed to 10
by the Chairperson of the Criminal Justice Commission, appoint an 11
appropriate person as Commissioner of the Police Service. 12
`(2) The appointment is to be made by Gazette notice.'. 13
8. Section 4.3(1)-- 14
omit `, from time to time'. 15
9. Section 4.3(1)(a) and (2)-- 16
omit `Chairman', insert `Chairperson'. 17
10. Section 4.3(1)(c)-- 18
omit `industrial award', insert `award'. 19
11. Section 4.4-- 20
omit, insert-- 21
12
Police Service Administration Amendment
SCHEDULE 1 (continued)
`Term of appointment 1
`4.4 The Commissioner is to be appointed for a term not less than 2
3 years or more than 5 years.'. 3
12. Section 4.5(3)(d)-- 4
omit `or conviction elsewhere of an offence that, had it been committed 5
in the State would be an indictable offence'. 6
13. Section 4.5(4)(a)-- 7
omit `of the Minister in which the Chairman', 8
insert `in which the Chairperson'. 9
14. Section 4.7(2)-- 10
omit `, or a delegate of the Commissioner,'. 11
15. Section 4.7(2), (3) and (4)-- 12
omit `Chairman', insert `Chairperson'. 13
16. Section 4.8(4)(a)-- 14
omit `industrial awards', insert `awards'. 15
17. Section 4.9(4)(a)-- 16
omit `, or a delegate of the Commissioner,'. 17
18. Section 4.10-- 18
omit, insert-- 19
13
Police Service Administration Amendment
SCHEDULE 1 (continued)
`Delegation 1
`4.10 The Commissioner may delegate powers of the Commissioner to 2
discharge the prescribed responsibility to a police officer or staff member.'. 3
19. Section 4.11-- 4
omit, insert-- 5
`Acting as Commissioner 6
`4.11(1) The Minister may appoint an appropriate person to act as 7
Commissioner-- 8
(a) whenever there is a vacancy in the office of Commissioner; or 9
(b) during a period when the Commissioner is suspended from 10
office or cannot perform the duties of office because of physical 11
or mental incapacity. 12
`(2) The Commissioner may appoint an appropriate person to act as 13
Commissioner during another period when the Commissioner is absent 14
from duty or cannot perform the duties of the office. 15
`(3) The remuneration payable to a person who acts as Commissioner 16
must not be more than the remuneration payable to the Commissioner.'. 17
20. Section 5.4(2)-- 18
omit `, from time to time'. 19
21. Section 5.4(2)(c)-- 20
omit `industrial award', insert `award'. 21
22. Section 5.5-- 22
omit, insert-- 23
14
Police Service Administration Amendment
SCHEDULE 1 (continued)
`Acting as executive officer 1
`5.5(1) The Commissioner may appoint an appropriate person to act as 2
executive officer during-- 3
(a) any vacancy, or all vacancies, in the office of executive officer; or 4
(b) any period, or all periods, when the executive officer is absent 5
from duty or, for another reason, cannot perform the duties of the 6
office. 7
`(2) The remuneration payable to a person who acts as an executive 8
officer must not be more than the remuneration payable to the executive 9
officer.'. 10
23. Section 5.7(3)(c)-- 11
omit `industrial award', insert `award'. 12
24. Section 5.8-- 13
omit, insert-- 14
`Acting as commissioned officer 15
`5.8(1) The Commissioner may appoint an appropriate person to act as a 16
commissioned officer during-- 17
(a) any vacancy, or all vacancies, in the office of commissioned 18
officer; or 19
(b) any period, or all periods, when a commissioned officer is absent 20
from duty or, for another reason, cannot perform the duties of the 21
office. 22
`(2) The remuneration payable to a person who acts as a commissioned 23
officer must not be more than the remuneration payable to a person 24
appointed to the office. 25
`(3) While a person acts as a commissioned officer, the person is 26
relieved of the duties of a constable at common law or under any Act or 27
law.'. 28
15
Police Service Administration Amendment
SCHEDULE 1 (continued)
25. Section 5.11(1)-- 1
omit `, from time to time'. 2
26. Section 5.11(1)(c)-- 3
omit `industrial award', insert `award'. 4
27. Section 5.15-- 5
omit `Industrial Conciliation and Arbitration Act 19611988', 6
insert `Industrial Relations Act 1990'. 7
28. Section 6.1(1)(b)-- 8
omit, insert-- 9
`(b) an officer is charged with an indictable offence; or'. 10
29. Section 6.3(3)-- 11
omit `, or a delegate of the Commissioner, forthwith', 12
insert `immediately'. 13
30. Section 8.2(a)-- 14
omit `for the time being'. 15
31. Section 8.3(2) (2nd sentence)-- 16
omit `refuses or'. 17
32. Section 8.3(7)(b)-- 18
omit `, or by a delegate of the Commissioner'. 19
16
Police Service Administration Amendment
SCHEDULE 1 (continued)
33. After section 9.2-- 1
insert-- 2
`Commissioner for Police Service Reviews 3
`9.2A(1) The Chairperson of the Criminal Justice Commission may 4
nominate a member of the Criminal Justice Commission to be a 5
Commissioner for Police Service Reviews. 6
`(2) More than 1 person may hold office as a Commissioner for Police 7
Service Reviews at any time.'. 8
34. Section 9.4(1) and (2) 9
omit `the Commissioner for Police Service Reviews', 10
insert `a Commissioner for Police Service Reviews', 11
35. Section 9.5(1) 12
omit `the Commissioner for Police Service Reviews', 13
insert `a Commissioner for Police Service Reviews', 14
36. Section 10.1(1) (1st dot point)-- 15
omit `made pursuant to authorization of the Commissioner or a delegate 16
of the Commissioner', 17
insert `authorised by the Commissioner under section 10.2'. 18
37. Section 10.4(3)-- 19
omit `, or a delegate of the Commissioner,'. 20
38. Section 10.8-- 21
omit `19161988', insert `1990'. 22
17
Police Service Administration Amendment
SCHEDULE 1 (continued)
39. Section 10.10(1)-- 1
omit `notice published in the Gazette', insert `Gazette notice'. 2
40. Section 10.12(2)(c)-- 3
omit `or a delegate of the Commissioner'. 4
41. Section 10.13(1)-- 5
omit `, or a delegate of the Commissioner,'. 6
42. Section 10.13(2)-- 7
omit, insert-- 8
`(2) The person must comply with a direction given to the person under 9
subsection (1). 10
Maximum penalty--100 penalty units.'. 11
43. Section 10.13(3)(a)-- 12
omit `, or a delegate of the Commissioner,'. 13
44. Section 10.14(1)-- 14
omit ` prescribed form, a Stipendiary', insert `approved form, a'. 15
45. Section 10.14(1)(a)-- 16
omit `, or a delegate of the Commissioner,'. 17
46. Section 10.14(1)(b)-- 18
omit `or the delegate of the Commissioner'. 19
18
Police Service Administration Amendment
SCHEDULE 1 (continued)
47. Section 10.15(3)(b)-- 1
omit `Revenue'. 2
48. Section 10.16(2)-- 3
omit `Order in Council', insert `regulation'. 4
49. Section 10.16(3)-- 5
omit, insert-- 6
`(3) In a proceeding for the recovery of a service charge for the provision 7
of a prescribed police service, a certificate purporting to be signed by the 8
Commissioner and stating that a specified amount is payable to the 9
Commissioner by a specified person for a specified police service is 10
evidence of the matter stated.'. 11
50. Section 10.19(d) (1st dot point)-- 12
omit `, or a delegate of the Commissioner, first obtained'. 13
51. Section 10.20(2)-- 14
omit `: Provided that', 15
insert `. 16
(3) However,'. 17
52. After section 10.20-- 18
insert-- 19
`Assault etc. of police officer 20
`10.20A(1) In this section-- 21
"assault" has the meaning given by the Criminal Code; 22
"obstruct" means hinder, resist or attempt to obstruct. 23
19
Police Service Administration Amendment
SCHEDULE 1 (continued)
`(2) A person must not assault or obstruct a police officer in the 1
performance of the officer's duties. 2
Maximum penalty--4 penalty units or 6 months imprisonment.'. 3
53. Section 10.22(1)-- 4
omit `defined in section 10.19 or 10.20', 5
insert `against-- 6
(a) section 10.19 (Offences); or 7
(b) section 10.20 (Bribery or corruption of officers or staff 8
members); or 9
(c) section 10.20A (Assault etc. of police officer)'. 10
54. Section 10.23(1)(a)-- 11
omit ` defined in section 10.19 or 10.20', 12
insert `against section 10.19, 10.20 or 10.20A'. 13
55. Section 10.23(1)(b)-- 14
omit `, or a delegate of the Commissioner'. 15
56. Section 10.23(2)-- 16
omit `, or a delegate of the Commissioner,'. 17
57. Section 10.24-- 18
omit `Children's Court', insert `Childrens Court'. 19
58. Section 10.25(1)-- 20
omit, insert-- 21
20
Police Service Administration Amendment
SCHEDULE 1 (continued)
`Regulations 1
`10.25(1) The Governor in Council may make regulations for the 2
purposes of this Act. 3
`(1A) A regulation may provide with respect to-- 4
(a) management and control of the affairs of the Police Service; and 5
(b) powers, duties, entitlements, obligations and liabilities of officers 6
and recruits; and 7
(c) powers and duties of staff members; and 8
(d) the institution and conduct of appeals or reviews about 9
appointments, disciplinary action or related action within the 10
Police Service.'. 11
59. Section 10.25 (as amended)-- 12
renumber (and relocate) as section 10.28. 13
60. Part 11 14
omit, insert-- 15
`PART 11--TRANSITIONAL PROVISIONS 16
`Interpretation of certain references 17
`11.1(1) A reference in any Act or statutory instrument to-- 18
(a) the Police Force is taken to be a reference to the Police Service; 19
and 20
(b) the Commissioner of Police is taken to be a reference to the 21
Commissioner of the Police Service; and 22
(c) a member of the police force, a police officer or a constable is 23
taken to a be reference to an officer; and 24
(d) a member of the police force, a police officer or a constable 25
holding a rank that does not exist in the Police Service, but did 26
21
Police Service Administration Amendment
SCHEDULE 1 (continued)
exist in the Police Force, is taken to be a reference to an officer 1
holding a corresponding rank in the Police Service. 2
`(2) A regulation may prescribe a rank in the Police Service to be a 3
corresponding rank to a rank in the Police Force.'. 4
5
22
Police Service Administration Amendment
CHEDULE 2 1
¡S
CTS REPEALED 2
A
section 6 3
Police Act 1937 4
Police Acts Amendment Act 1951 (No. 2) 5
Police Acts Amendment Act 1953 6
Police Acts Amendment Act 1954 7
Police Acts Amendment Act 1957 8
Police Acts Amendment Act 1958 9
Police Acts Amendment Act 1959 10
Police Acts Amendment Act 1960 11
Police Acts Amendment Act 1962 12
Police Acts Amendment Act 1963 13
Police Acts Amendment Act 1964 14
Police Act and Another Act Amendment Act 1970 15
Police Act Amendment Act 1971 16
Police Act Amendment Act 1973 17
Police Act and Another Act Amendment Act 1977 18
Police Act Amendment Act 1978 19
Police Act Amendment Act 1980 20
Police Act Amendment Act 1984 21
Police Act Amendment Act 1985 22
Police Act Amendment Act 1985 (No. 2) 23
Police Act Amendment Act 1987 24
23
Police Service Administration Amendment
SCHEDULE 2 (continued)
Police Act Amendment Act 1989 1
Police Act Amendment Act 1989 (No. 2) 2
3
© State of Queensland 1993
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