POLICE SERVICE ADMINISTRATION ACT 1990 Reprinted as in force on 1 July 2007 Reprint No. 4B > CCoonntteennttss PPaarrtt 11----PPrreelliimmiinnaarryy 1.1. Short title 1.2. Commencement 1.3. Objects 1.4. Definitions 1.5. Meaning of tenure not limited by time 1.6. Notes in text PPaarrtt 22----QQuueeeennssllaanndd PPoolliiccee SSeerrvviiccee 2.1. Maintenance of service 2.2. Membership of service 2.3. Functions of service 2.3A. Presence of police officers at fire or chemical incident 2.4. Community responsibility preserved 2.5. Administration of staff members 2.5A. Officers etc. employed under this Act PPaarrtt 33----PPoolliiccee ooffffiicceerrss'' ppoowweerrss aanndd dduuttiieess rreellaatteedd ttoo tthhoossee ooff ccoonnssttaabbllee 3.1. Meaning of officer in part 3.2. Relation to office of constable 3.3. Oath of office 3.4. Proof of office 3.7. Termination of powers PPaarrtt 44----CCoommmmiissssiioonneerr ooff tthhee QQuueeeennssllaanndd PPoolliiccee SSeerrvviiccee 4.1. Establishment of office 4.2. Appointment 4.3. Conditions of appointment 4.4. Term of appointment 4.5. Removal and suspension of commissioner 4.6. Communications between Minister and commissioner 4.7. Recording and publication of communications 4.8. Commissioner's responsibility 4.9. Commissioner's directions 4.10. Delegation 4.11. Acting as commissioner 4.12. Commissioner's official seal PPaarrtt 55----AAppppooiinnttmmeenntt ooff ppeerrssoonnnneell Division 1--Officers and other police personnel 5.1. Ranks 5.2. Appointment to be on merit on impartial procedures 5.3. Executive officers 5.4. Conditions of employment 5.5. Acting as executive officer 5.6. Other appointments 5.7. Conditions of employment of commissioned officers 5.8. Acting as commissioned officer 5.9. Conditions of employment of noncommissioned officers and constables 5.10. Officer's election on termination of certain appointments 5.11. Conditions of employment of police recruits 5.12. Appointment on probation 5.13. Officer not to refuse transfer, but may object 5.13A. Objection to transfer 5.13B. Delay in attendance for duty on directed transfer to allow for objection and review 5.14. Calculation of continuous service as officer 5.15. Officer as employee of Crown 5.16. Special constables 5.17. Authorisation of non-State police officers Division 2--Watch-house officers 5.18. Appointment of watch-house officers PPaarrtt 55AA----AAllccoohhooll aanndd ddrruugg tteessttss Division 1--General 5A.1. Object of pt 5A 5A.2. Definitions for pt 5A 5A.3. Persons to whom pt 5A applies 5A.4. Substances to which pt 5A applies 5A.4A. Analysts 5A.5. Part does not affect other powers Division 2--Provisions about alcohol testing 5A.6. When is a person over the limit 5A.7. Alcohol limits 5A.8. Circumstances for alcohol testing 5A.9. Random alcohol testing 5A.10. Providing specimen of breath for alcohol test or random alcohol test 5A.11. Failure to provide specimen of breath Division 3--Provisions about drug testing 5A.12. Targeted substance levels 5A.13. Circumstances for targeted substance testing 5A.14. Providing specimen for targeted substance test 5A.15. Effect of failure to provide specimen of urine Division 4--What happens if a test result is positive 5A.16. If alcohol or targeted substance test positive 5A.17. Effect of failure to comply Division 5--General 5A.18. Giving requirements 5A.19. Interfering with specimens 5A.20. Test result evidence generally inadmissible 5A.21. Evidentiary provision 5A.21A. Agreements about counselling and rehabilitation 5A.22. Application of Freedom of Information Act 1992 5A.23. Limitation on disciplinary proceedings PPaarrtt 55AAAA----AAsssseessssmmeenntt ooff ssuuiittaabbiilliittyy ooff ppeerrssoonnss sseeeekkiinngg ttoo bbee eennggaaggeedd,, oorr eennggaaggeedd,, bbyy tthhee sseerrvviiccee Division 1--Preliminary 5AA.1. Purpose of pt 5AA 5AA.2. Parliament's intention 5AA.3. Meaning of engaged by the service 5AA.4. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 5AA.5. Person to be advised of duties of disclosure etc. Division 2--Disclosure of relevant information 5AA.6. Persons engaged or seeking to be engaged by the service must disclose relevant information 5AA.7. Persons engaged by the service must disclose changes in relevant information 5AA.8. Requirements for disclosure Division 3--Commissioner may obtain relevant information from other entities 5AA.9. Commissioner may request information from other authorities 5AA.10. Prosecuting authority to notify commissioner about committal, conviction etc. Division 4--Controls on use of relevant information and information about particular investigations 5AA.11. Assessment of suitability 5AA.12. Particular persons to be advised if person unsuitable 5AA.13. External service provider to be advised if person unsuitable 5AA.14. Secrecy 5AA.15. Guidelines for dealing with relevant information PPaarrtt 66----SSttaannddiinngg ddoowwnn aanndd ssuussppeennssiioonn 6.1. Power to stand down and suspend 6.2. Salary entitlement if stood down 6.3. Salary entitlement if suspended 6.4. Officer relieved of powers and duties while stood down or suspended PPaarrtt 77----IInntteerrnnaall ccoommmmaanndd aanndd ddiisscciipplliinnee 7.1. Responsibility for command 7.2. Duty concerning misconduct or breaches of discipline 7.3. Offence of victimisation 7.4. Disciplinary action PPaarrtt 88----RReessiiggnnaattiioonn rreettiirreemmeenntt aanndd cchhaannggee iinn ssttaattuuss 8.1. Resignation 8.2. Retirement 8.3. Unfitness for duty on medical grounds PPaarrtt 99----RReevviieeww ooff ddeecciissiioonnss 9.1. Operation of part 9.1A. Relationship with Industrial Relations Act 1999 9.2. Review does not stay decision 9.2A. Commissioner for police service reviews 9.3. Application for review 9.4. Procedures 9.5. Result of review 9.6. Effect of rescission of decision PPaarrtt 99AA----PPoolliiccee pprriinnttss 9A.1. Payment for prints 9A.2. Entitlement to prints 9A.3. Procedure to obtain print for prescribed purpose 9A.4. What is a prescribed purpose PPaarrtt 1100----MMiisscceellllaanneeoouuss pprroovviissiioonnss Division 1--Provisions about information disclosure Subdivision 1--Information disclosure generally 10.1. Improper disclosure of information 10.2. Authorisation of disclosure Subdivision 2--Criminal history disclosure provisions 10.2A. Disclosure of criminal history for employment screening under commercial or other arrangement 10.2B. Disclosure of criminal history for assessing suitability for diversion program 10.2C. Misuse of information obtained under ss 10.2A-10.2B Subdivision 3--Information disclosure by direct data feed 10.2D. Disclosure of information to the media by direct data feed Subdivision 4--Other provisions about information disclosure 10.2E. Relationship to other laws 10.2F. Declarations about particular information disclosures Division 2--Other miscellaneous provisions 10.3. Protection from liability for reports 10.4. Rejection of frivolous complaints 10.5. Liability for tort generally 10.6. Payment and recovery of damages 10.7. Provision of legal representation 10.8. Compensation for injury or death 10.9. Service and production of documents 10.10. Police establishments 10.11. Ownership of official property 10.12. Legal proceedings 10.13. Surrender of equipment 10.14. Vacating of premises 10.16. Charges for police services 10.17. Exemption from tolls 10.18. Prohibited use of words suggesting association with police 10.19. Offences 10.20. Bribery or corruption of officers or staff members 10.21. False representation causing police investigations 10.21A. Unlawful possession of prescribed articles 10.21B. Killing or injuring police dogs and police horses 10.21C. Local laws do not apply in relation to police dogs or horses etc. 10.23. Proceedings for offences 10.24. Representation of officers in court 10.26. Annual report 10.27. Review of Act 10.28. Regulation-making power PPaarrtt 1111----TTrraannssiittiioonnaall pprroovviissiioonnss Division 1--Transitional provisions for Police Service Administration Act 1990 11.1. Interpretation of certain references 11.2. References to repealed Act Division 2--Transitional provision to assist in interpretation 11.3. Relevant information 11.4. Amendment of regulation by Police Powers and Responsibilities and Other Legislation Amendment Act 2003 does not affect powers of Governor in Council 11.5. Declaration about s 5.17 SSCCHHEEDDUULLEE RREELLEEVVAANNTT IINNFFOORRMMAATTIIOONN EEnnddnnootteess - LONG TITLE An Act to provide for the Queensland Police Service and its administration 1.1 Short title This Act may be cited as the Police Service Administration Act 1990. 1.2 Commencement (1) Section 1.1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), the provisions of this Act, or such of them as are specified in the proclamation, commence on the day or days appointed by proclamation for commencement of those provisions. 1.3 Objects The objects of this Act are to provide for-- (a) the maintenance of the Queensland Police Service; (b) the membership of the service; (c) the development and administration of the service. 1.4 Definitions In this Act-- alcohol test, for part 5A, see section 5A.2. approved form means a form approved by the commissioner for use under this Act. assistant commissioner means the executive officer holding the rank of assistant commissioner. authorised person, for part 5A, see section 5A.2. award has the same meaning as in the Industrial Relations Act 1999. breach of discipline means a breach of this Act, the Police Powers and Responsibilities Act 2000 or a direction of the commissioner given under this Act, but does not include misconduct. commissioned officer means a person who holds a position in the police service as a commissioned officer. commissioner means the commissioner of the police service. commissioner for police service reviews means a commissioner for police service reviews under section 9.2A. constable means a person who holds a position in the police service as a constable. conviction, in a provision of part 5AA, means a finding of guilt, or the acceptance of a plea of guilty, by a court for an offence-- (a) whether or not a conviction is recorded; and (b) whether in Queensland or elsewhere; and (c) whether before or after the commencement of part 5AA. criminal history, of a person-- (a) for part 5AA and the schedule-- (i) means the person's convictions in relation to offences committed in Queensland or elsewhere; and (ii) includes information about offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; or (b) for part 10, division 1--has the meaning given by the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3. CrimTrac Agency means the CrimTrac Agency established under the Public Service Act 1999 (Cwlth), section 65. critical area, for part 5A, see section 5A.2. critical incident, for part 5A, see section 5A.2. dangerous drug, for part 5A, see section 5A.2. declared law enforcement agency has the same meaning as in the Police Powers and Responsibilities Act 2000. deputy commissioner, for part 5A, see section 5A.2. disciplinary action means action taken for misconduct, official misconduct or a breach of discipline. engaged by the service see section 5AA.3. evidence, for part 5A, see section 5A.2. executive officer means a person who holds a position in the police service as an executive officer. external service provider, for part 5AA, means a public service employee, or class of public service employee-- (a) who is employed or engaged in an entity other than the service; and (b) whose functions include, or may include, performing direct corporate service support for the service that allows the person access to corporate or operational information in the possession of the commissioner; and (c) who is declared by regulation to be an external service provider for this part. general alcohol limit, for part 5A, see section 5A.2. handler, of a police dog, means an officer whose duties include handling a police dog. industrial agreement means-- (a) an industrial agreement continued in force under the Industrial Relations Act 1999; or (b) a certified agreement under the Industrial Relations Act 1999. industrial authority means the Industrial Commission or Industrial Court. low alcohol limit, for part 5A, see section 5A.2. marked print means a print of a photograph, marked in a way that highlights-- (a) features or aspects of the subject of the print; or (b) points of similarity between the subject of the print and the subject of another print. medical examination, for part 5A, see section 5A.2. member of the service see section 2.2. misconduct means conduct that-- (a) is disgraceful, improper or unbecoming an officer; or (b) shows unfitness to be or continue as an officer; or (c) does not meet the standard of conduct the community reasonably expects of a police officer. no alcohol limit, for part 5A, see section 5A.2. noncommissioned officer means a person who holds a position in the police service as a noncommissioned officer. officer means a police officer. official misconduct see the Crime and Misconduct Act 2001, section 15. operative see section 5A.2. over the limit, for part 5A, see section 5A.2. place means any, or any part of any, land, water, building, structure, vehicle, vessel, aircraft or carriage. police dog means a dog kept by the commissioner for helping police officers perform the duties of police officers. Example-- a dog trained as a sniffer dog to help find illegal drugs police horse means a horse kept by the commissioner for use by officers when performing the duties of police officers. police officer means a person declared under section 2.2(2) to be a police officer. police recruit means a person who holds a position in the police service as a police recruit. prescribed person see section 5A.21A. prescribed responsibility means the commissioner's responsibility under section 4.8. print means a print of a photograph or part of a photograph, and includes a marked print and an audio recording of an interview. QPS database, for the schedule, means any of the following kept by the commissioner-- (a) the database known as QPRIME; (b) the prosecutions index; (c) the register of enforcement acts kept under the Police Powers and Responsibilities Act 2000. random alcohol test, for part 5A, see section 5A.2. recruit means a police recruit. relevant information, about a person, for part 5AA, means information about the person of a kind mentioned in the schedule for the person. relevant member, for part 5A, see section 5A.2. service means the police service. special constable means a person who holds a position as a special constable. staff member means a person who is a staff member of the police service under section 2.5(1). targeted substance, for part 5A, see section 5A.2. targeted substance test, for part 5A, see section 5A.2. transfer of a police officer to a position has the meaning given by section 5.2 (1). watch-house officer see section 4.9(6). 1.5 Meaning of tenure not limited by time A person is appointed to a position on a tenure not limited by time if the appointment does not specify an appointment period. 1.6 Notes in text A note in the text of this Act is part of the Act. 2.1 Maintenance of service There is to be maintained at all times in the State a body of persons under the name and style 'Queensland Police Service'. 2.2 Membership of service (1) The Queensland Police Service consists of police officers, police recruits and staff members. (2) Police officers are-- (a) the commissioner of the police service; (b) the persons holding appointment as an executive police officer; (c) the persons holding appointment as a commissioned police officer; (d) the persons holding appointment as a noncommissioned police officer; (e) the persons holding appointment as a constable. 2.3 Functions of service The functions of the police service are-- (a) the preservation of peace and good order-- (i) in all areas of the State; and (ii) in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands; (b) the protection of all communities in the State and all members thereof-- (i) from unlawful disruption of peace and good order that results, or is likely to result, from-- (ii) from commission of offences against the law generally; (c) the prevention of crime; (d) the detection of offenders and bringing of offenders to justice; (e) the upholding of the law generally; (f) the administration, in a responsible, fair and efficient manner and subject to due process of law and directions of the commissioner, of-- (i) the provisions of the Criminal Code; (ii) the provisions of all other Acts or laws for the time being committed to the responsibility of the service; (iii) the powers, duties and discretions prescribed for officers by any Act; (g) the provision of the services, and the rendering of help reasonably sought, in an emergency or otherwise, as are-- (i) required of officers under any Act or law or the reasonable expectations of the community; or (ii) reasonably sought of officers by members of the community. 2.3A Presence of police officers at fire or chemical incident (1) On receiving information of the occurrence of an incident requiring the attendance of fire authority officers, the commissioner or the police officer in charge, at the time, of the police station nearest to the location of the incident must immediately send as many police officers as are considered necessary to preserve order and to help at the incident. (2) In this section-- fire authority officer means a fire service officer under the Fire and Rescue Service Act 1990. incident means-- (a) a fire; or (b) a chemical incident under the Fire and Rescue Service Act 1990. 2.4 Community responsibility preserved (1) The prescription of any function as one of the functions of the police service does not relieve or derogate from the responsibility and functions appropriately had by the community at large and the members thereof in relation to-- (a) the preservation of peace and good order; and (b) the prevention, detection and punishment of breaches of the law. (2) In performance of the functions of the police service, members of the service are to act in partnership with the community at large to the extent compatible with efficient and proper performance of those functions. 2.5 Administration of staff members (1) Staff members are-- (a) officers of the public service assigned to perform duties in the police service; and (b) persons appointed as staff members by the commissioner under-- (i) section 8.3(5); or (ii) the Public Service Act 1996, part 9. (2) While performing duties in the service, a staff member is subject to the commissioner's directions. 2.5A Officers etc. employed under this Act The following persons are to be employed under this Act, and not under the Public Service Act 1996-- (a) a police officer, police recruit or special constable; or (b) a staff member mentioned in section 8.3(5). 3.1 Meaning of officer in part In this part-- officer includes a special constable. 3.2 Relation to office of constable (1) Subject to section 7.1 where it applies, in performance of the duties of office, an officer is subject to the directions and orders of the commissioner and to the orders of any superior officer. (2) A noncommissioned officer or a constable has and may exercise the powers, and has and is to perform the duties of a constable at common law or under any other Act or law. (3) An officer other than one referred to in subsection (2) has and may exercise the powers of a constable at common law or under any other Act or law. (4) Except as prescribed by this section and section 6.4, this Act does not, in relation to any officer, derogate from the powers, obligations and liabilities of a constable at common law or under any other Act or law. 3.3 Oath of office Before a person begins to perform duty as an officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation. 3.4 Proof of office If a question arises as to a person's identity as an officer, or to a person's entitlement to exercise the powers or to perform the duties of an officer-- (a) the general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and (b) the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer. 3.7 Termination of powers Powers had by a person as an officer terminate immediately on the person ceasing, by whatever means, to be an officer. 4.1 Establishment of office There is hereby established the office of the commissioner of the police service. 4.2 Appointment (1) The Governor in Council may, on a recommendation agreed to by the chairperson of the Crime and Misconduct Commission, appoint an appropriate person as commissioner of the police service. (2) The appointment is to be made by gazette notice. 4.3 Conditions of appointment (1) The conditions on which an appointment as commissioner is held-- (a) are such as are for the time being agreed by the Minister and the chairperson of the Crime and Misconduct Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and (c) are not subject to any award or industrial agreement, or any determination or rule of an industrial authority. (2) If an offer of a contract of employment as commissioner on conditions in writing agreed to by the chairperson of the Crime and Misconduct Commission and approved by the Governor in Council in relation to the appointment, is made to a person before that person's appointment as commissioner, the person, on accepting appointment as commissioner, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 4.4 Term of appointment The commissioner is to be appointed for a term not less than 3 years or more than 5 years. 4.5 Removal and suspension of commissioner (1) The office of the commissioner becomes vacant if the commissioner-- (a) dies; or (b) resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or (c) is removed from office in accordance with this section. (2) The commissioner may be removed from office pursuant to the contract that governs the commissioner's employment or if the commissioner has breached the contract of employment. (3) Additional grounds on which the commissioner may be removed from office are-- (a) incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; (b) incompetence in performing, or neglect of the duties of office; (c) being found guilty of official misconduct by a Misconduct Tribunal under the Misconduct Tribunals Act 1997 if the tribunal orders the commissioner's dismissal; (d) conviction in the State of an indictable offence (whether on indictment or summarily); (e) imprisonment for any offence. (4) If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by-- (a) the Governor in Council, on a recommendation in which the chairperson of the Crime and Misconduct Commission concurs; or (b) in default of exercise of the authority conferred by paragraph (a), by the Governor, on an address from the Legislative Assembly praying for the commissioner's removal from office. (5) If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with official misconduct or an offence referred to in subsection (3)(d), the Governor in Council may suspend the commissioner from office. (6) If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4). 4.6 Communications between Minister and commissioner (1) The commissioner-- (a) is to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and (b) may at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service. (2) The Minister, having regard to advice of the commissioner first obtained, may give, in writing, directions to the commissioner concerning-- (a) the overall administration, management, and superintendence of, or in the police service; and (b) policy and priorities to be pursued in performing the functions of the police service; and (c) the number and deployment of officers and staff members and the number and location of police establishments and police stations. (3) The commissioner is to comply with all directions duly given under subsection (2). 4.7 Recording and publication of communications (1) The commissioner is to keep a register in which are to be recorded-- (a) all reports and recommendations made to the Minister under section 4.6(1)(a); and (b) all directions given in writing to the commissioner under section 4.6(2); and (c) all reasons tabled by the Minister under the Crime and Misconduct Act 2001, section 64. (2) Within 28 days following 31 December in each year, the commissioner is to have prepared a copy of the register, which copy, being certified by the commissioner as a true copy of the register is to be furnished forthwith to the chairperson of the Crime and Misconduct Commission, with or without comment of the commissioner. (3) Within 28 days following receipt of the certified copy of the register, the chairperson is to give the copy together with comments of the commissioner relating thereto, and with or without further comment of the chairperson, to the chairperson of the Parliamentary Crime and Misconduct Committee of the Legislative Assembly. (4) The chairperson of the Parliamentary Crime and Misconduct Committee of the Legislative Assembly is to table in the Legislative Assembly-- (a) the certified copy of the register; and (b) all comment relating thereto; within 14 sitting days after the chairperson's receipt thereof. 4.8 Commissioner's responsibility (1) The commissioner is responsible for the efficient and proper administration, management and functioning of the police service in accordance with law. (2) Without limiting the extent of the prescribed responsibility, that responsibility includes responsibility for the following matters-- (a) determination of priorities; (b) determination of the appropriate organisational structure of the department; (c) designation and redesignation of offices; (d) control of the human, financial and other resources of the department; (e) selection of persons as officers and police recruits; (f) determination of the number and deployment of officers and staff members; (g) determination of the number and location of police establishments and police stations; (h) determination of levels of salaries or wages and allowances of members of the service; (i) qualifications for offices within the service and duties attaching to such offices; (j) promotion or demotion of officers and staff members; (k) training and development of members of the service; (l) discipline of members of the service; (m) dress and appearance of members of the service; (n) appraisal of performance of members of the service; (o) approval and administration of leave arrangements; (p) internal redeployment and retraining of officers and staff members; (q) termination of employment of members of the service; (r) determination of times within which members of the service are to perform their ordinary hours of work; (s) development of means to ensure all members of the service are treated justly, fairly and with compassion; (t) maintenance of proper records, including, but not limited to, records about-- (i) the action taken by a police officer or someone else in relation to a person suspected of having committed an offence; and (ii) the result of any proceeding against the person for the offence. (3) The commissioner is authorised to do, or cause to be done, all such lawful acts and things as the commissioner considers to be necessary or convenient for the efficient and proper discharge of the prescribed responsibility. (4) In discharging the prescribed responsibility, the commissioner-- (a) is to comply with all relevant awards or industrial agreements, determinations and rules made by an industrial authority; and (b) subject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and (c) is to have regard to section 4.6 and Ministerial directions duly given thereunder; and (d) is to discharge the responsibility in relation to such matters as are prescribed for the time being. 4.9 Commissioner's directions (1) In discharging the prescribed responsibility, the commissioner may give, and cause to be issued, to officers, staff members or police recruits, such directions, written or oral, general or particular as the commissioner considers necessary or convenient for the efficient and proper functioning of the police service. (2) A direction of the commissioner is of no effect to the extent that it is inconsistent with this Act. (3) Subject to subsection (2), every officer or staff member to whom a direction of the commissioner is addressed is to comply in all respects with the direction. (4) A direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers. (5) In all proceedings-- (a) a document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and (b) a direction under subsection (1) is to be taken as effectual until the contrary is proved. (6) In this section-- watch-house officer means a staff member who is appointed by the commissioner to be a watch-house officer. 4.10 Delegation (1) The commissioner may delegate powers of the commissioner under this Act or any other Act to a police officer or staff member. (2) Without limiting subsection (1), the commissioner may also, under subsection (1), delegate powers of the commissioner to discharge the prescribed responsibility. 4.11 Acting as commissioner (1) The Minister may appoint an appropriate person to act as commissioner-- (a) whenever there is a vacancy in the office of commissioner; or (b) during a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity. (2) The commissioner may appoint an appropriate person to act as commissioner during another period when the commissioner is absent from duty or can not perform the duties of the office. (3) The remuneration payable to a person who acts as commissioner must not be more than the remuneration payable to the commissioner. 4.12 Commissioner's official seal (1) The commissioner has an official seal. (2) All courts and persons acting judicially are to take judicial notice of-- (a) the signature of the commissioner or any person who at any time was the commissioner; (b) the fact that the commissioner has, or any such person had, an official seal; (c) the official seal of the commissioner or any such person; if the signature or seal appears on a document made for the purposes of judicial proceedings or on a document purporting, or seeming, to have been made for the purposes of this Act. 5.1 Ranks The ranks of officers are those declared for the time being by the regulations. 5.2 Appointment to be on merit on impartial procedures (1) In this section-- transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary. (2) A decision to appoint a person as a police recruit or to a police officer position must be made by fair and equitable procedures that-- (a) include inviting applications and selection on the basis of the merit of applicants; and (b) prevent unjust discrimination, whether in favour of or against a person. (3) However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2)(a). (4) Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer. (5) For the purposes of this section merit of an officer comprises-- (a) the integrity, diligence and good conduct of the officer; and (b) the potential of the officer to discharge the duties of the position in question; and (c) the industry shown by the officer in performance of the duties of office in the course of the officer's career; and (d) the physical and mental fitness of the officer to perform the duties of the position in question. (6) For the purpose of determining the potential of an officer to discharge the duties of a position the following factors must be taken into account-- (a) the performance of duties of office in the course of the officer's career; (b) the range of practical experience of the officer in the service or outside the service; (c) the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position in question; (d) any relevant academic, professional or trade qualifications of the officer. 5.3 Executive officers (1) The Governor in Council may appoint as executive officers such persons as are recommended by the commissioner for appointment. (2) The number of positions as executive officer is to be such as is, for the time being, necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility and is recommended by the commissioner. 5.4 Conditions of employment (1) An appointment to a position as executive officer, including by way of promotion, is to be on the basis of full-time employment. (2) The conditions on which an appointment as executive officer is held-- (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and (c) are not subject to any award or industrial agreement or any determination or rule of an industrial authority. (3) If an offer of a contract of employment as an executive officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person's appointment as executive officer, the person, on accepting appointment as executive officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.5 Acting as executive officer (1) The commissioner may appoint an appropriate person to act as executive officer during-- (a) any vacancy, or all vacancies, in the office of executive officer; or (b) any period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office. (2) The remuneration payable to a person who acts as an executive officer must not be more than the remuneration payable to the executive officer. 5.6 Other appointments The commissioner may appoint such number of persons to be commissioned officers, noncommissioned officers, constables, police recruits as is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility. 5.7 Conditions of employment of commissioned officers (1) Appointment to a position as a commissioned officer, including by way of promotion-- (a) if the position is prescribed as one open to appointment on a part-time basis--may be on the basis of part-time employment; or (b) in the case of any other position--is to be on the basis of full- time employment. (2) A person-- (a) is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure that is not limited by time, if the position is not one referred to in paragraph (b) or (c); (b) if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure--may be appointed to and employed in the position upon a limited duration of tenure; (c) if a position of commissioned officer is prescribed as one open to appointment on a contract basis--may be appointed to and employed in the position on a contract basis-- (i) upon a tenure that is not limited by time; or (ii) for a limited duration of tenure. (3) The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis-- (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and (c) are not subject to any award or industrial agreement or any determination or rule of an industrial authority. (4) If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person's appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.8 Acting as commissioned officer (1) The commissioner may appoint an appropriate person to act as a commissioned officer during-- (a) any vacancy, or all vacancies, in the office of commissioned officer; or (b) any period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office. (2) The remuneration payable to a person who acts as a commissioned officer must not be more than the remuneration payable to a person appointed to the office. (3) While a person acts as a commissioned officer, the person is relieved of the duties of a constable at common law or under any Act or law. 5.9 Conditions of employment of noncommissioned officers and constables (1) Appointment to a position as a noncommissioned officer or constable, including by way of promotion-- (a) is to be on the basis of full-time employment, if the position is not one referred to in paragraph (b); (b) if the position is prescribed as one, or one of a class, open to appointment on a part-time basis--may be on the basis of part-time employment. (2) A person-- (a) is to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure that is not limited by time, if the position is not one referred to in paragraph (b); (b) if the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure--may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure. 5.10 Officer's election on termination of certain appointments (1) If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because-- (a) the contract or tenure has expired and has not been renewed; or (b) the contract or tenure is terminated otherwise than by reason of- - (i) the officer's resignation from the service or retirement from the service; or (ii) disciplinary action against the officer; and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section. (2) The requirements referred to in subsection (1) are-- (a) the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; (b) the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous. (3) If a person makes an election under subsection (1), the commissioner may appoint the person at a rank determined by the commissioner--being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1), or a rank prescribed for the time being to be equivalent to that rank. (4) If a person makes an election under subsection (1), the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1). (5) An election made under subsection (1)-- (a) must be made in writing signed by the elector and given to the commissioner within 14 days following-- (i) expiry of the contract or tenure in question; or (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and (b) when duly made, has the effect that the elector's service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section. (6) If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5)(b) has operation subject to this subsection. 5.11 Conditions of employment of police recruits (1) The conditions of employment of a police recruit-- (a) are as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and (c) are not subject to any award or industrial agreement or any determination or rule of an industrial authority. (2) If an offer of a contract of employment as a police recruit on conditions in writing approved by the commissioner in relation to the appointment, including the grounds on which the employment may be continued and discontinued, is made to a person before that person's appointment as a recruit, the person, on accepting appointment as a recruit, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.12 Appointment on probation (1) This section does not apply in relation to an appointment as an officer made on a contract basis. (2) An appointment as an officer of a person who was not an officer immediately before the appointment is an appointment on probation-- (a) for a period not less than 12 months determined by the commissioner; or (b) in the absence of such a determination, for a period of 12 months. (3) Unless the position as an officer is advertised in the Queensland Police Gazette as one to which appointment is to be made without a period of probation, an appointment of an officer to a position on promotion is an appointment on probation-- (a) for a period not less than 6 months determined by the commissioner; or (b) in the absence of such a determination--for a period of 6 months. (4) The commissioner may-- (a) in respect of an appointee referred to in subsection (2)-- (i) at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; (b) in respect of an appointee referred to in subsection (3) whose appointment is on probation-- (i) at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment. (5) If an appointment is terminated under subsection (4)(b), the person who was the appointee is to be retained in employment as an officer at a level of salary not less than the level of salary of the person immediately before the appointment that is terminated until-- (a) the person is appointed to another position in the service; or (b) the person is otherwise dealt with under this Act. 5.13 Officer not to refuse transfer, but may object (1) A police officer who is transferred to a position must accept the transfer, even if the officer has not applied for it. (2) However, if the officer did not apply for the transfer, the officer may-- (a) object to the transfer under section 5.13A; or (b) apply for a review of the transfer under section 9.3. 5.13A Objection to transfer (1) If a police officer is transferred to a position without applying for the transfer, the officer may object to the transfer by giving the commissioner written reasons for the objection within 14 days of receiving written notice of the transfer. (2) The commissioner may allow or reject the objection. (3) If the commissioner allows the objection, the transfer stops having effect. (4) If the commissioner rejects the objection, the commissioner must give the officer written reasons for the rejection. (5) This section-- (a) does not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review); but (b) does limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review. (6) If an officer objects to a transfer under this section, the time allowed by regulation for an application for a transfer review does not start to be counted until the day the commissioner gives the officer written reasons under subsection (4). (7) If an officer applies for a transfer review, the officer can not start or proceed further with an objection under this section. 5.13B Delay in attendance for duty on directed transfer to allow for objection and review (1) If a police officer is transferred to a position, the commissioner can not direct the officer to attend for duty in the position until-- (a) after the time allowed for an objection under section 5.13A(1) has ended; and (b) if the officer objects to the transfer--the commissioner decides the objection. (2) If-- (a) the officer objects to the transfer under section 5.13; and (b) the commissioner rejects the objection; the commissioner can not direct the police officer to attend for duty until after the time allowed by regulation for an application to a commissioner for police service reviews for a review of the transfer has ended. (3) Despite section 9.2, if the officer applies to a commissioner for police service reviews for a review of the transfer, the commissioner can not direct the officer to attend for duty-- (a) if the officer then withdraws the application--until at least 14 days after the withdrawal; or (b) if the officer does not withdraw the application and the commissioner decides under section 9.5 to proceed with the transfer-- until at least 14 days after the day the officer receives written notice of the commissioner's decision. (4) This section does not limit the commissioner's powers to direct an officer to attend for duty in a position in circumstances the commissioner considers are urgent. 5.14 Calculation of continuous service as officer (1) For the purpose of calculating continuous service of an officer, continuous service had by a person-- (a) as an officer; and (b) as the holder of any prescribed office, offices or class of office under the Crown in any of its capacities; where the service had as an officer and the service had as such holder are themselves continuous, are to be taken to constitute continuous service as an officer. (2) A person who has continuous service as an officer pursuant to subsection (1), while the person continues as an officer, retains and may claim against the Crown in right of the State in respect of all benefits and entitlements that have accrued to the person throughout the continuous service. (3) If the regulations prescribe requirements to be met, if service of an officer is to be taken as continuous, service or services referred to in this section is, or are, not continuous unless it accords, or they accord, with the regulations, and subsection (1) has operation subject to this subsection. 5.15 Officer as employee of Crown An officer, other than one who holds appointment on a contract basis, is taken- - (a) to be an employee of the Crown; and (b) to be within the application of the Industrial Relations Act 1999 to employees of the Crown as provided by that Act. 5.16 Special constables (1) The commissioner may, in writing, appoint on such terms and conditions as the commissioner thinks fit such number of persons to be special constables as, in the commissioner's opinion, is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility. (2) A special constable-- (a) is not an employee of the Crown in right of the State or of the commissioner; (b) is not entitled to salary, allowances or other remuneration, except as provided for in the special constable's instrument of appointment; (c) has, during the continuance of the appointment as such, the powers and duties of an officer as specified in the special constable's instrument of appointment, and no other. (3) Subject to subsection (2), such of the provisions of this Act relating to officers as may be reasonably applied to special constables so apply, as if a special constable were an officer. 5.17 Authorisation of non-State police officers (1) This section applies if the commissioner reasonably believes-- (a) a terrorist act has been committed or there is an imminent threat of a terrorist act; and (b) the help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and (c) it is impracticable in the circumstances to appoint the officer as a special constable. (2) The commissioner may authorise the non-State police officer to exercise the powers of a police officer under the Police Powers and Responsibilities Act 2000 (the Police Act). (3) The authorisation must name the non-State police officer. (4) The authorisation-- (a) may be limited to stated powers; and (b) may be limited to a stated time; and (c) may be given on conditions. (5) The authorisation may be given orally or in writing but, if given orally, must be put in writing as soon as reasonably practicable. (6) A failure to put the authorisation in writing does not invalidate the authorisation or anything done under the authorisation. (7) While the authorisation is in force, the non-State police officer may exercise the powers only-- (a) in accordance with the authorisation; and (b) subject to the directions of the commissioner or another State police officer. (8) The Police Act applies to the non-State police officer, in relation to the exercise of the powers, as if the officer were a State police officer. (9) The commissioner must ensure that, as soon as practicable after the authorisation is given, the non-State police officer is given an appropriate explanation of the officer's powers and responsibilities under the Police Act. (10) Part 10 applies to the non-State police officer as if the officer were a State police officer. (11) The commissioner must revoke the authorisation as soon as the commissioner is satisfied the non-State police officer's help is no longer needed. (12) The revocation may be made orally or in writing but, if made orally, must be put in writing as soon as reasonably practicable. (13) A failure to put the revocation in writing does not invalidate the revocation. (14) The commissioner may only delegate the commissioner's authorisation power to a State police officer of the rank of at least assistant commissioner. (15) The commissioner must include, in the annual report for a financial year, the following information about any authorisations made under this section during the financial year relating to a terrorist act or threat-- (a) the nature of the act or threat; (b) the number of non-State police officers authorised and the police force or service of which they were members; (c) when the authorisations started and ended; (d) the functions performed by the officers; (e) the results of the authorisations, including benefits and problems. (16) This section does not purport to confer a duty on a federal police officer to perform a function, or to exercise a power, if the conferral of the duty would be beyond the legislative power of the Parliament of the State. (17) In this section-- authorisation power means the power to give or revoke an authorisation under this section. federal police officer means a member of the Australian Federal Police. non-State police officer means a police officer of a police force or service of another State or a federal police officer. State police officer means a police officer of the Queensland Police Service. terrorist act see the Police Powers and Responsibilities Act 2000, section 211. 5.18 Appointment of watch-house officers (1) This section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer. (2) The commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer. (3) A person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person-- (a) has completed a course of training approved by the commissioner for the purpose; or (b) possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer. Note-- Staff members are appointed under the Public Service Act 1996 or section 8.3(5) and are not police officers. Also, this section does not affect the powers of the commissioner to appoint watch-house managers. For the definition watch-house manager, see the Police Powers and Responsibilities Act 2000, schedule 6. 5A.1 Object of pt 5A The objects of this part are-- (a) to ensure appropriate steps are taken in the interests of the health and welfare of relevant members of the service; and (b) to enhance the public's confidence in the service and the integrity of the service. 5A.2 Definitions for pt 5A In this part-- alcohol test means a test for deciding whether a relevant member is over the limit applying to the member when the test is conducted. analyst means a person who, under section 5A.4A, is appointed as an analyst. authorised person means-- (a) in all cases--the commissioner or deputy commissioner; or (b) for an alcohol test or a random alcohol test-- (i) if the person to be tested is a police recruit or a staff member--a commissioned officer; or (ii) otherwise--the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or (c) for periodic testing of an operative-- (i) the assistant commissioner; or (ii) a commissioned officer who-- (d) for a test to be conducted because of section 5A.8(c)-- (i) if the person to be tested is a police recruit or a staff member--a commissioned officer; or (ii) otherwise--the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or (e) for section 5A.10 or section 5A.14-- (i) if the person to be tested is a police recruit or a staff member--a commissioned officer; or (ii) otherwise--the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. critical area means any of the following in which a staff member or recruit performs functions for the police service-- (a) a communications centre; (b) a driver training facility; (c) a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000, chapter 21, part 4; (d) a magazine used for storing explosives; (e) a police armoury or weapons collection facility; (f) a property point as defined under the Police Powers and Responsibilities Act 2000; (g) a watch-house; (h) a weapons training facility; (i) the unit known as the police air wing; (j) a place prescribed under a regulation as a critical area. critical incident means-- (a) an incident in which it was necessary for an officer on duty to discharge a firearm in circumstances that caused or could have caused injury to a person; or (b) a death of a person in custody; or (c) either of the following in which a person dies or because of which a person is admitted to hospital for treatment of injuries-- (i) a vehicle pursuit; (ii) a workplace incident at a police station or police establishment. dangerous drug means a dangerous drug under the Drugs Misuse Act 1986. deputy commissioner means the executive officer holding rank as deputy commissioner. evidence, of a targeted substance in a person's urine, includes evidence of the presence of the following in the person's urine-- (a) a targeted substance; (b) a substance that is used in a targeted substance; (c) a metabolite of a targeted substance. general alcohol limit means the general alcohol limit under section 5A.6(1)(c). low alcohol limit means the low alcohol limit under section 5A.6(1)(b). medical examination includes medical assessment and test, whether physical or mental. no alcohol limit means the no alcohol limit under section 5A.6(1)(a). operative means a police officer who is-- (a) a participant in an authorised operation under the Police Powers and Responsibilities Act 2000, chapter 11; or (b) a covert operative for a controlled operation under the Crime and Misconduct Act 2001, chapter 3, part 6A. over the limit, in relation to a relevant member, means the member is over the general alcohol limit, the low alcohol limit or the no alcohol limit applying to the member. random alcohol test means an alcohol test conducted under section 5A.9. relevant member see section 5A.3. targeted substance means-- (a) a dangerous drug; or (b) another substance mentioned in section 5A.4 (c) or (d). targeted substance test means a test for deciding whether a relevant member has evidence of a targeted substance in the member's urine. 5A.3 Persons to whom pt 5A applies (1) This part, other than to the extent specified in section 5A.21A, applies only to a member of the service (relevant member) who is-- (a) an officer; or (b) a staff member whose duties include performing functions in a critical area; or (c) a watch-house officer; or (d) a police radio and electronics technician; or (e) a recruit. (2) However, if the critical area mentioned in subsection (1) is a driver training facility, this part applies only to a staff member who is a driver, instructor or mechanic at the facility. 5A.4 Substances to which pt 5A applies This part applies only in relation to the following substances-- (a) alcohol; (b) a dangerous drug; (c) a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person's physical or mental capacity; (d) another substance that may impair a person's physical or mental capacity. 5A.4A Analysts The Minister may, by gazette notice, appoint as an analyst for this part, a person the Minister is satisfied has appropriate qualifications, standing and experience to be an analyst for this part. 5A.5 Part does not affect other powers This part does not affect the commissioner's powers under section 8.3. 5A.6 When is a person over the limit (1) For this part-- (a) a person is over the no alcohol limit if the concentration of alcohol in the person's breath is more than 0g of alcohol in 210L of breath; (b) a person is over the low alcohol limit if the concentration of alcohol in the person's breath is, or is more than, 0.02g of alcohol in 210L of breath; (c) a person is over the general alcohol limit if the concentration of alcohol in the person's breath is, or is more than, 0.05g of alcohol in 210L of breath. (2) For this Act, the concentration of alcohol in a person's breath may be expressed as-- (a) a specified number of grams of alcohol in 210L of breath; or (b) a specified number of grams in 210L. Example for subsection (2)-- The concentration of alcohol in a person's breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L. 5A.7 Alcohol limits (1) A relevant member must be under the low alcohol limit-- (a) when reporting for duty for a rostered shift; or (b) while on duty for a rostered shift; or (c) while on call on a rotational basis for duty. (2) Also, a relevant member must be under the general alcohol limit when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than 1 or 2 officers are permanently stationed. (3) However, if the person is a member of the special emergency response team, the person must not be over the no alcohol limit when reporting for duty, while on duty, or while on call on a rotational basis. (4) This section does not apply to a relevant member who is a police officer to the extent it prevents the member consuming alcohol while performing duties under an exemption under section 5A.9(4). 5A.8 Circumstances for alcohol testing An authorised person may require a relevant member to submit to an alcohol test if-- (a) the person has been involved in a critical incident; or (b) the test is authorised under section 5A.9; or (c) an authorised person reasonably suspects the person is contravening or has contravened section 5A.7; or (d) for an officer who is an applicant to become an operative, the person is required to undergo a medical examination for deciding the person's suitability to be an operative. 5A.9 Random alcohol testing (1) An authorised person may require a relevant member to submit to a random alcohol test. (2) However, an authorised person other than the commissioner or deputy commissioner may require the person to submit to the test-- (a) only with the written approval of the commissioner or deputy commissioner; or (b) only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner. (3) For subsection (2)(b), a regulation may prescribe the criteria for deciding-- (a) when and where a random alcohol test may be conducted; and (b) when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. (4) Also, the commissioner or deputy commissioner may, in writing, exempt a relevant member or class of relevant member from random alcohol testing, either generally or in particular circumstances. Examples-- 1 The relevant member may be an operative. 2 The relevant member may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance. (5) The power to approve random alcohol testing under this section can not be delegated. 5A.10 Providing specimen of breath for alcohol test or random alcohol test (1) If a relevant member is required to submit to an alcohol test or a random alcohol test under this part, an authorised person may require the relevant member to provide a specimen of breath for the test. (2) The authorised person may require the relevant member to provide the specimen to the authorised person's satisfaction. (3) The relevant member must comply with a requirement under subsection (2). (4) The authorised person must perform the test-- (a) using an instrument approved by the commissioner for the purpose; and (b) in accordance with the manufacturer's instructions for use of the instrument. 5A.11 Failure to provide specimen of breath A relevant member who fails to provide a specimen of breath as required is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the member when the failure happened. 5A.12 Targeted substance levels (1) A relevant member must not have evidence of a dangerous drug present in the person's urine at any time. (2) A relevant member, who is lawfully taking a targeted substance mentioned in section 5A.4(c) or (d), must not perform duties in or involving an operational capacity or critical area if the substance impairs the member's capacity to perform the duties without danger to the member or someone else. (3) A relevant member must not have present in the person's urine-- (a) evidence of a targeted substance mentioned in section 5A.4(c) that the person may not lawfully take; or (b) evidence of having taken a targeted substance mentioned in section 5A.4(c) or (d) in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. 5A.13 Circumstances for targeted substance testing (1) An authorised person may require a relevant member to submit to a targeted substance test if-- (a) the relevant member-- (i) has been involved in a critical incident; or (ii) is an operative; or (iii) is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person's suitability to be a covert operative; or (b) an authorised person reasonably suspects the relevant member is contravening or has contravened section 5A.12. (2) Also, an authorised person may require a person who has been notified of the person's appointment as a recruit to submit to a targeted substance test before the person starts the training necessary to become an officer. 5A.14 Providing specimen for targeted substance test (1) An authorised person may require a relevant member to provide a specimen of urine to a doctor or registered nurse for a targeted substance test at a place and time specified by the authorised person. (2) If the specimen is required because of section 5A.13(1)(a)(i), the requirement must be made, and the specimen provided, as soon as reasonably practicable after the critical incident happened. (3) A doctor or registered nurse may give reasonably necessary directions to the relevant member about how the specimen is to be provided and providing a sufficient specimen for testing. (4) However, a direction given under subsection (3) must not be inconsistent with any requirements about the collection of urine specimens prescribed under a regulation for this section. (5) Subject to subsection (4), the relevant member must provide the specimen in accordance with the directions of a doctor or a registered nurse. (6) If the relevant member acts in accordance with the directions of the doctor or registered nurse but has a reasonable excuse, because of a medical condition, for being unable to provide a specimen of urine-- (a) the person does not contravene subsection (5); and (b) the failure to provide the specimen is not to be taken as a positive test for this part. (7) As soon as practicable after a specimen of urine has been obtained under this section, the specimen must be dealt with in the way prescribed under a regulation for this section. (8) In this section-- registered nurse means a registered nurse under the Nursing Act 1992. 5A.15 Effect of failure to provide specimen of urine A relevant member who fails to provide a specimen of urine is taken, unless section 5A.14(6) applies to the member, to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person's urine. 5A.16 If alcohol or targeted substance test positive (1) This section applies if a test conducted under this part shows a relevant member, when tested-- (a) was over the limit applying to the member when the test was conducted; or (b) had evidence of a targeted substance in the person's urine. (2) The commissioner may do any 1 or more of the following-- (a) suspend the relevant member from duty until the member is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person's urine; (b) correct the relevant member by way of guidance; (c) require the relevant member to undergo counselling or rehabilitation approved by the commissioner; (d) require the relevant member to attend a government medical officer for a medical examination of the member's fitness to continue to perform the member's current duties; (e) after considering a report of a government medical officer about a medical examination under paragraph (d), direct the relevant member to perform other duties for the time the commissioner considers necessary; (f) take disciplinary or other action against the relevant member under whichever of the following is relevant-- (i) this Act; (ii) the Public Service Act 1996; (g) require the relevant member to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. Example of other action for paragraph (f)-- action that may be taken under section 6.1 (3) Subsection (2)(a), (b), (c) and (f) do not apply to a targeted substance mentioned in section 5A.12(2). (4) A relevant member directed to perform other duties under subsection (2)(e) is entitled to be paid salary and allowances at the rate at which the member would have been paid had the member not been directed to perform the other duties. (5) A government medical officer who prepares a report about a medical examination of a relevant member may give the report to the commissioner. 5A.17 Effect of failure to comply (1) This section applies if a relevant member-- (a) fails to attend or complete counselling or rehabilitation under a requirement under section 5A.16(2)(c); or (b) fails to attend a government medical officer for medical examination under a requirement under section 5A.16(2)(d). (2) The commissioner may take disciplinary action against the member under whichever of the following is relevant-- (a) this Act; (b) the Public Service Act 1996. 5A.18 Giving requirements A requirement under this part may be given orally or in writing or by any form of electronic communication. 5A.19 Interfering with specimens A person must not unlawfully interfere with a specimen of breath or urine provided under this part. Maximum penalty--100 penalty units. 5A.20 Test result evidence generally inadmissible (1) Evidence of-- (a) anything done under this part; and (b) the result of any test conducted under this part; is inadmissible in a civil or criminal proceeding before a court. (2) Without limiting subsection (1), evidence of any of the following is inadmissible in a civil or criminal proceeding before a court-- (a) an approval given to conduct a random alcohol test; (b) a requirement made under division 2, 3 or 4; (c) a direction given by a person under division 3; (d) a disclosure made or an agreement entered into under section 5A.21A. (3) Also, the commissioner and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing. (4) This section does not apply to-- (a) a proceeding for a charge of an offence arising from a critical incident; or (b) an inquest in a Coroners Court into the death of a person in a critical incident; or (c) a proceeding on an application under the Industrial Relations Act 1999, section 74 for reinstatement because of unfair dismissal. (5) Also, this section does not prevent the commissioner giving a witness identity protection certificate under the Evidence Act 1977, section 21F that includes matters mentioned in section 21G(1)(h) of that Act in relation to a person who has been found guilty of misconduct or a breach of discipline because of the testing of the person under this part. 5A.21 Evidentiary provision (1) A certificate apparently signed by an analyst and stating the following is evidence of what it states-- (a) a specimen of urine provided by a stated person on a stated day and at a stated place was received from a stated authorised person at the analyst's laboratory on a stated day and time; (b) the analyst made a laboratory test of the specimen on a stated day and at the stated place; (c) a stated targeted substance or a metabolite of a stated targeted substance was indicated by the laboratory test to be present in the person's urine. (2) A certificate apparently signed by a government medical officer and stating that the presence of a stated targeted substance in a person impairs or may impair the person's capacity to perform the person's duties without danger to the person or others is evidence of what it states. (3) A certificate apparently signed by the commissioner and stating either of the following is evidence of what it states-- (a) at a stated time a stated officer performed duties in an operational capacity in a critical area; (b) at a stated time a stated staff member performed duties involving a critical area. 5A.21A Agreements about counselling and rehabilitation (1) This section applies to a member of the service, whether or not the member is a relevant member. (2) However, this section applies to a member of the service only if the member reports to a prescribed person that the member requires counselling or rehabilitation about the member's personal use of alcohol or a drug. (3) The member may apply in the approved form to the commissioner to enter into an agreement to provide to the member the counselling or rehabilitation approved by the commissioner. (4) A regulation may prescribe the matters that must be included in an agreement under this section. (5) The commissioner must not use information disclosed by a member under this section for the purpose of a disciplinary or other action against the member under this Act or the Public Service Act 1996, whichever is relevant. (6) Also, the commissioner must not disclose information in the possession of the police service because of subsection (2) or an agreement entered into under subsection (3) other than-- (a) for the purposes of the agreement; or (b) for the purposes of section 6.1(1)(c) or 8.3; or (c) to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to the member's health or safety; or (d) for the purposes of a claim for compensation under the Workers' Compensation and Rehabilitation Act 2003. (7) In this section-- prescribed person means a person to whom, under a regulation, a member of the service may make a request for the provision of counselling or rehabilitation about the member's personal use of alcohol or a drug. 5A.22 Application of Freedom of Information Act 1992 The Freedom of Information Act 1992 does not apply to a document created under this part. 5A.23 Limitation on disciplinary proceedings If 2 or more contraventions of this part by a particular relevant member arise out of the same facts or circumstances, a disciplinary proceeding against the relevant member may be started for 1 disciplinary offence only. 5AA.1 Purpose of pt 5AA The purpose of this part is to ensure the commissioner-- (a) may gather all the relevant information the commissioner needs about a person engaged or seeking to be engaged by the service; and (b) may use the information to assess the person's suitability to be, or continue to be, engaged by the service. 5AA.2 Parliament's intention (1) It is Parliament's intention that relevant information about a person that is obtained by the commissioner under this part is to be used only for assessing the person's suitability to be, or continue to be, engaged by the service. (2) However, it is not Parliament's intention to prevent the commissioner using information obtained under this part that discloses the commission of an offence, or is, or leads to, the discovery of evidence of the commission of an offence, for an investigation into the offence and any proceeding started or facilitated because of the investigation. 5AA.3 Meaning of engaged by the service A person is engaged by the service for this part if the person is 1 of the following-- (a) a police officer; (b) a staff member; (c) a recruit; (d) a special constable; (e) an external service provider; (f) a person performing functions at a police station or police establishment under a contract for services; (g) a person working in the service as a volunteer or as a student on work experience. 5AA.4 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986. 5AA.5 Person to be advised of duties of disclosure etc. (1) Before a person, other than an external service provider, is engaged by the service, the commissioner must, if the commissioner considers the terms of the engagement require it-- (a) tell the person-- (i) of the person's duty to disclose relevant information under division 2; and (ii) that the commissioner may obtain relevant information about the person under division 3 and consider relevant information otherwise available to the commissioner; and (b) give the person a copy of the guidelines for dealing with relevant information obtained by the commissioner under this part. (2) As soon as practicable after the chief executive officer of an entity other than the service becomes aware a person employed or engaged by the entity is an external service provider, the chief executive officer must-- (a) tell the person-- (i) the person is an external service provider; and (ii) of the person's duty to disclose relevant information under division 2; and (iii) that the commissioner may obtain relevant information about the person under division 3 and consider relevant information otherwise available to the commissioner; and (b) give the person a copy of the guidelines issued by the commissioner for dealing with relevant information obtained by the commissioner under this part. 5AA.6 Persons engaged or seeking to be engaged by the service must disclose relevant information (1) Each of the following must, if required by the commissioner, disclose to the commissioner any relevant information known to the person that may affect the person's suitability to be engaged by the service-- (a) a person engaged by the service; (b) a person seeking to be engaged by the service. (2) A person required to disclose information under subsection (1)(b) must disclose the information before being engaged by the service. 5AA.7 Persons engaged by the service must disclose changes in relevant information If a person engaged by the service is aware that there is a change in relevant information about the person, the person must immediately disclose to the commissioner the details of the change. Note-- For some persons engaged by the service, a failure to disclose a change in relevant information of which the person is aware may become the subject of disciplinary proceedings. 5AA.8 Requirements for disclosure (1) To comply with section 5AA.6 or 5AA.7, a person must give the commissioner a disclosure in the approved form. (2) Without limiting subsection (1), the approved form must make provision for the disclosure of the following relevant information-- (a) the existence of a conviction or charge; (b) when an offence was committed or alleged to have been committed; (c) details of an offence or alleged offence; (d) for a conviction--whether or not a conviction was recorded and other details of the sentence. 5AA.9 Commissioner may request information from other authorities (1) This section applies to a person who-- (a) is engaged by the service; or (b) seeks to be engaged by the service and has given the commissioner a disclosure for the purposes of division 2. (2) Also, this section applies even though the disclosure does not state any relevant information about the person. (3) The commissioner may ask another law enforcement agency, whether a declared law enforcement agency, or a law enforcement agency of another country that has an obligation under the law of that country to assess the integrity of persons employed or engaged by the government of that country, to give the commissioner a report that includes relevant information about the person. 5AA.10 Prosecuting authority to notify commissioner about committal, conviction etc. (1) This section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service. (2) The director of public prosecutions must give the commissioner written notice of the person's name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars-- (a) if the person is committed by a court for trial for an indictable offence-- (i) the court committing the person for trial; and (ii) particulars of the offence with which the person is charged; and (iii) the date of the committal; and (iv) the court to which the person was committed; (b) if the person is convicted before the Supreme Court or the District Court of an indictable offence-- (i) the court convicting the person; and (ii) particulars of the offence; and (iii) the date of the conviction; and (iv) the sentence imposed by the court; (c) if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended-- (i) particulars of the offence of which the person is convicted; and (ii) the date the appeal was decided or otherwise ended; and (iii) if the appeal was decided-- (d) if the prosecution process ends without the person being convicted of an indictable offence-- (i) if relevant--the court in which the prosecution process ended; and (ii) particulars of the offence with which the person was charged; and (iii) the date the prosecution process ended. (3) For subsection (2)(d), a prosecution process ends if-- (a) an indictment is presented against the person and-- (i) a nolle prosequi is entered on the indictment; or (ii) the person is acquitted; or (b) the prosecution process has otherwise ended. (4) A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence. (5) Subsection (1) does not apply if the person is charged by a police officer. (6) Subsection (2)(a) does not apply if the prosecutor appearing is a police officer. (7) Subsection (2)(d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution. 5AA.11 Assessment of suitability (1) This section applies to the commissioner in considering relevant information about a person under this part. (2) When making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to-- (a) information that is disclosed to the commissioner under this part; and (b) information that is made available by a declared law enforcement agency or a law enforcement agency of another country because of a request made under this part; and (c) information that is stored on-- (i) a database kept by the commissioner; or (ii) a database kept by another law enforcement agency to which the commissioner has access; and (d) information that is otherwise available to the commissioner. Examples for subsection (2)-- 1 information obtained from previous employment checks 2 fingerprint checks 3 DNA tests (3) In addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision. (4) Subsection (3) is in addition to and does not limit a merit provision. (5) In this section-- merit provision means-- (a) section 5.2; or (b) the Public Service Act 1996, section 78. 5AA.12 Particular persons to be advised if person unsuitable (1) If, because of information relied on by the commissioner under this part, the commissioner considers a person, other than an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable-- (a) disclose the information to the person; and (b) allow the person a reasonable opportunity to make representations to the commissioner about the information. (2) The commissioner must give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service unless the commissioner considers the disclosure of the information may-- (a) prejudice the investigation of a contravention or possible contravention of the law; or (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or (c) endanger a person's life or physical safety; or (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or (f) prejudice national security; or (g) be prohibited under a law of this or any other State or the Commonwealth. (3) If, after considering any representations made under subsection (1)(b), the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. (4) Information relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA.14(3). 5AA.13 External service provider to be advised if person unsuitable (1) If, because of information relied on by the commissioner under this part, the commissioner considers a person who is an external service provider may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable-- (a) disclose the information to the person and the chief executive officer of the relevant entity; and (b) allow the person and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and (c) allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer. (2) The commissioner must give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service unless the commissioner considers the disclosure of the information may-- (a) prejudice the investigation of a contravention or possible contravention of the law; or (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or (c) endanger a person's life or physical safety; or (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or (f) prejudice national security; or (g) be prohibited under a law of this or any other State or the Commonwealth. (3) If, after considering any representations made under subsection (1)(b) or (c), the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. (4) If the person is already employed or engaged by the entity, the chief executive officer must-- (a) have regard to the commissioner's decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and (b) consider whether appropriate steps may be taken to minimise-- (i) the potential adverse effects of the assessment; and (ii) the person's access to information in the possession of the commissioner; and (c) advise the commissioner of the chief executive officer's decision. (5) If the commissioner considers the steps taken do not adequately minimize the person's access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Misconduct Commission to review the chief executive officer's decision. (6) A review conducted under this section-- (a) must be conducted in private; and (b) must be conducted in the way decided by the chairperson; and (c) if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and (d) is not a hearing or investigation of a kind the chairperson may hold under the Crime and Misconduct Act 2001. (7) The chairperson's decision on the review-- (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (8) Information disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure. 5AA.14 Secrecy (1) This section applies to a person who-- (a) is, or has been-- (i) a person engaged by the service; or (ii) a selection panel member; and (b) in that capacity acquired relevant information about someone else. (2) The person must not disclose the information to anyone else. Maximum penalty--100 penalty units or 2 years imprisonment. (3) Subsection (2) does not apply to the disclosure of information about a person, if-- (a) the disclosure-- (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person's suitability to be, or continue to be, engaged by the service; or (ii) is with the person's consent; or (iii) is of information that is relevant to an existing investigation of an offence; or (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii); or (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v)-- Family Services Act 1987, part 4 (b) the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information. (4) Also, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing. (5) Other than to the extent the Police Powers and Responsibilities Act 2000, section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991. (6) In this section-- disclose, in relation to information about a person, includes give access to information about a person. selection panel member means a member of a panel formed to make a recommendation to the commissioner about a person's engagement by the service. 5AA.15 Guidelines for dealing with relevant information (1) The commissioner must make guidelines, consistent with this part, for dealing with relevant information obtained by the commissioner under this part. (2) The purpose of the guidelines is to ensure-- (a) natural justice is afforded to the persons about whom the information is obtained; and (b) only relevant information is used in assessing the persons' suitability to be, or continue to be, engaged by the service; and (c) decisions about the suitability of persons, based on the information, are made in a consistent way. (3) The commissioner must give a copy of the guidelines, on request, to a person seeking to be engaged, or engaged, by the service. 6.1 Power to stand down and suspend (1) If-- (a) it appears to the commissioner, on reasonable grounds that-- (i) an officer is liable to be dealt with for official misconduct; or (ii) an officer is liable to disciplinary action under section 7.4; or (iii) the efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer's employment is continued; or (b) an officer is charged with an indictable offence; or (c) an officer is unfit for reasons of health to such an extent that the officer should not be subject to the duties of a constable; the commissioner may-- (d) stand down the officer from duty as an officer and direct the person stood down to perform such duties as the commissioner thinks fit; or (e) suspend the officer from duty. (2) The commissioner may at any time revoke a standing down or suspension imposed under subsection (1). 6.2 Salary entitlement if stood down An officer who is stood down from duty under section 6.1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the standing down not occurred. 6.3 Salary entitlement if suspended (1) An officer suspended from duty under section 6.1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the suspension not occurred, unless the commissioner otherwise determines in a particular case. (1A) Except that an officer suspended under section 6.1(1)(c) is to be entitled to the salary and allowances to which that officer was previously entitled. (2) An officer suspended from duty who is not entitled to be paid salary during the suspension-- (a) may receive and retain salary, wages, fees or other remuneration from any lawful source during the suspension, unless the commissioner otherwise determines in a particular case; (b) if the officer resumes duty as an officer on the revocation of the suspension--is entitled to receive a sum equivalent to the amount of salary and allowances the officer would have received had the suspension not occurred, reduced by a sum equivalent to the amount of salary, wages, fees and other remuneration to which the officer became entitled from any other source during the suspension, unless the commissioner otherwise determines in a particular case. (3) An officer suspended from duty without salary who enters into employment whereby the officer will become entitled to salary, wages, fees or other remuneration is to inform the commissioner immediately of the particulars of the employment. (4) An officer suspended from duty who during the suspension becomes entitled to salary, wages, fees or other remuneration from a source incompatible with assessment of the officer as a fit and proper person to be an officer and who fails to satisfy the commissioner that there are reasonable grounds for not dismissing the officer, may be dismissed from the service. 6.4 Officer relieved of powers and duties while stood down or suspended While an officer remains stood down or suspended under section 6.1-- (a) the officer is relieved of the powers and duties of a constable at common law or under any Act or law; (b) the officer is not bound by the oath or affirmation taken or made by the officer as prescribed by section 3.3; (c) the officer is not to be taken to have breached such oath or affirmation, or provisions of any Act or law relating thereto, or to be liable to disciplinary action under section 7.4, by reason of the officer's failure to exercise or perform the powers or duties required of the officer by such oath or affirmation. 7.1 Responsibility for command (1) At any incident-- (a) that calls for action by police; and (b) at which officers are present; the officer who is responsible for taking such action, and for action taken is- - (c) the officer designated for the purpose in accordance with established administrative arrangements; (d) if there is no officer such as is referred to in paragraph (c)-- the officer present who is most senior by rank; (e) if there is no officer such as is referred to in paragraph (c) or (d)--the officer present who is most senior by length of continuous service as an officer. (2) For subsection (1)(e), any length of service other than as a police officer that is counted as continuous service under section 5.14 must be disregarded. 7.2 Duty concerning misconduct or breaches of discipline (1) In this section-- conduct means conduct of an officer, wherever and whenever occurring, whether the officer whose conduct is in question is on or off duty at the time the conduct occurs. officer includes a police recruit. (2) If any officer or staff member-- (a) knows or reasonably suspects that conduct to which this section refers has occurred; or (b) is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred; it is the duty-- (c) of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Misconduct Commission; and (d) of the officer, in the case of conduct that is misconduct or a breach of discipline, to take all action prescribed by the regulations as action-- (i) to be taken in the circumstances of the case; and (ii) to be within the authority of an officer of the rank or description to which that officer belongs. (3) The commissioner may, by written instrument, exempt stated officers or staff members who have or are likely to have knowledge of conduct that is an alleged contravention of the Anti-Discrimination Act 1991 from compliance with subsection (2), generally or on stated conditions. (4) The commissioner may give an exemption under subsection (3) only if the commissioner is reasonably satisfied giving the exemption will not adversely affect the welfare of the officers or staff members affected by or involved in the conduct. (5) However, if a person is given an exemption generally because the person is likely to have knowledge of an alleged contravention of the Anti-Discrimination Act 1991 and the person is the person against whom the complaint for the contravention is made, the exemption does not operate in relation to the complaint against the person. (6) Also, the commissioner may, by written instrument, exempt an officer or staff member from compliance with subsection (2), generally or on stated conditions, if the officer or staff member-- (a) is appointed to provide confidential counselling services to officers and staff members; or (b) is a prescribed person under section 5A.21A. (7) An exemption under subsection (6) only operates while the officer or staff member is providing professional counselling services in an official capacity. (8) If a person is not required to report misconduct under subsection (2) because of an exemption under subsection (3), the commissioner also is not required to report the misconduct. 7.3 Offence of victimisation A person who-- (a) prejudices, or threatens to prejudice, the safety or career of any person; (b) intimidates or harasses, or threatens to intimidate or harass any person; (c) does any action that is, or is likely to be, to the detriment of any person; because the person referred to in paragraph (a), (b) or (c), or any other person, has complied with section 7.2 by performing the duty therein prescribed commits an offence against this Act. Maximum penalty--100 penalty units. 7.4 Disciplinary action (1) In this section-- officer, in relation to a person liable to disciplinary action, includes a police recruit. prescribed officer means an officer authorised by the regulations to take disciplinary action in the circumstances of any case in question. (2) An officer is liable to disciplinary action in respect of the officer's conduct, which the prescribed officer considers to be misconduct or a breach of discipline on such grounds as are prescribed by the regulations. (2A) If the prescribed officer-- (a) decides a disciplinary charge of misconduct brought against the officer; or (b) when deciding a charge of breach of discipline brought against the officer, finds the officer is guilty of misconduct; the commissioner must give written notice of the decision, including the discipline imposed on the officer, or the finding and the discipline imposed on the officer to the Crime and Misconduct Commission and the officer within 14 days after making the decision or finding. (3) Without limiting the range of disciplines that may be imposed by the prescribed officer by way of disciplinary action, such disciplines may consist of-- (a) dismissal; (b) demotion in rank; (c) reprimand; (d) reduction in an officer's level of salary; (e) forfeiture or deferment of a salary increment or increase; (f) deduction from an officer's salary payment of a sum equivalent to a fine of 2 penalty units. (4) Every order made by way of disciplinary action takes effect in law and is to be given effect. 8.1 Resignation (1) Resignation from the service of an officer who holds a position on the basis of a contract that provides for the manner of the officer's resignation must be effected in accordance with the contract. (2) An officer, other than one referred to in subsection (1), may resign from the service at any time in the manner prescribed by the regulations. 8.2 Retirement An officer, other than one who holds a position on a contract basis-- (a) may retire from employment in the service upon, or at any time after, attaining the age prescribed by the regulations in relation to officers of the class to which that officer belongs; (b) may retire from employment in the service when called upon under section 8.3 to retire from the service; (c) is to retire from employment in the service upon attaining the age of 60 years. 8.3 Unfitness for duty on medical grounds (1) If the commissioner suspects on reasonable grounds that an officer-- (a) by reason of physical or mental infirmity is incapable of; or (b) for any other reason pertaining to the officer's health or condition, is unfit for the purpose of; performing the duties of office, or any other duties as an officer that the commissioner might reasonably direct the officer to perform, the commissioner is to advise the officer, in writing, of the suspicion and if upon receipt of such advice the officer does not accept the truth of the commissioner's suspicion, the commissioner is to obtain medical opinion on the matter. (2) For the purposes of subsection (1), the commissioner-- (a) may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and (b) may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners. (2A) If the officer concerned fails without reasonable cause to comply in all respects with a direction given by the commissioner, it is to be conclusively presumed that the commissioner's suspicion is true. (3) If, having regard to any medical opinions expressed by medical practitioners (including any such opinions furnished by the officer) on the health or condition of the officer concerned, or because of the presumption prescribed by subsection (2A), the prescribed authority is satisfied that the officer should not continue to be required to perform the duties of office, then, unless the commissioner takes action authorised by subsection (5), the prescribed authority may call upon the officer to retire from the service within a time specified by the prescribed authority. (4) If the officer called upon to retire does not retire within the time specified, the prescribed authority may dismiss the officer from the service. (5) If the commissioner believes the officer referred to in subsection (3) is sufficiently fit to perform duties as a staff member, then in lieu of the action authorised by subsections (3) and (4) and without limiting the commissioner's powers in relation to the officer, the commissioner may-- (a) in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and (b) may direct the officer to report for and perform duty in the position to which the officer is so appointed. (6) The person appointed to a position under subsection (5) thereby ceases to be an officer and is relieved of all powers and duties of a constable at common law or under any Act or law. (7) In subsections (3) and (4)-- prescribed authority means-- (a) the Governor in Council, in respect of an officer appointed to office by the Governor in Council; (b) the commissioner, in respect of an officer appointed to office by the commissioner. 9.1 Operation of part This part does not confer an entitlement to seek a review under this part, of a decision of a description referred to in section 9.3 on a person who has a right of appeal against, or a right to seek a review of, the decision in question under the Misconduct Tribunals Act 1997. 9.1A Relationship with Industrial Relations Act 1999 The industrial court and the industrial relations commission do not have jurisdiction in relation to a matter that has been, is being, or may be reviewed under this part even though it may be, or be about, or arise out of, an industrial matter within the meaning of the Industrial Relations Act 1999. 9.2 Review does not stay decision An application for review of a decision under this part-- (a) does not affect the operation and effect of the decision pending disposal of the application; and (b) does not have the effect of deferring the liability of the applicant to implementation of the decision. 9.2A Commissioner for police service reviews (1) A person is a commissioner for police service reviews-- (a) if the person is nominated under subsection (2)(a)--without further appointment; or (b) if the person is nominated under subsection (2)(b) to (d)--on appointment by the Governor in Council under subsection (3). (2) The chairperson of the Crime and Misconduct Commission may nominate any of the following persons to be a commissioner for police service reviews-- (a) a commissioner or former commissioner of the Crime and Misconduct Commission; (b) a former member of the Criminal Justice Commission; (c) a person qualified for appointment as chairperson of the Crime and Misconduct Commission; (d) a person who has community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration. (3) The Governor in Council may appoint as a commissioner for police service reviews a person who-- (a) is nominated for appointment under subsection (2)(b) to (d); and (b) is not an ineligible person under the Crime and Misconduct Act 2001. (4) The person's appointment must be notified by gazette notice. (5) The appointment is for the term, not longer than 3 years, and on the conditions, including conditions of remuneration, stated in the instrument of appointment. (6) More than 1 person may hold office as a commissioner for police service reviews at any time. 9.3 Application for review (1) A police officer who is aggrieved by a decision about-- (a) the selection of an officer for appointment to a police officer position, whether on promotion or transfer, if the selection procedures mentioned in section 5.2(2)(a) were required to be complied with; or (b) the selection of an officer for transfer to a police officer position, if the selection procedures mentioned in section 5.2(2)(a) were not required to be complied with; or (c) action against the officer for breach of discipline; or (d) suspension or standing down of the officer; or (e) another decision prescribed by regulation as open to review under this part; may apply to have the decision reviewed by a commissioner for police service reviews. (1A) An application for the review of a decision mentioned in subsection (1)(a) may only be made by a person who properly applied for appointment to the position concerned and was unsuccessful. (1B) An application for the review of a decision mentioned in subsection (1)(b) may only be made by a police officer who was transferred to the position concerned without applying for the transfer. (2) An application for review of a decision that relates to action for breach of discipline may seek the review in respect of-- (a) the decision that such action should be taken; or (b) the nature of the discipline imposed; or both, and a review may be conducted accordingly. (3) Authority is hereby conferred on a commissioner for police service reviews- - (a) to hear and consider all applications for review under this part duly made; (b) to make recommendations relating to any matters relevant to a review under this part. 9.4 Procedures (1) An application for review under this part must be made as prescribed by the regulations or, where the regulations do not make any or sufficient provision, in accordance with directions of a commissioner for police service reviews. (2) A review under this part is to be conducted as prescribed by the regulations or, where the regulations do not make any or sufficient provision, as determined by a commissioner for police service reviews, having regard to the following principles-- (a) a review is an administrative proceeding of a non-adversarial nature; (b) proceedings on a review should be informal and simple; (c) legal representation is not permitted to any person concerned in a review. 9.5 Result of review (1) Upon conclusion of a review under this part, a commissioner for police service reviews is to make such recommendations as that commissioner considers appropriate to the matter under review to the commissioner of the police service. (2) The commissioner of the police service, upon consideration of the matter reviewed and having regard to the recommendations made, is to take such action as appears to the commissioner of the police service to be just and fair. 9.6 Effect of rescission of decision If, following a review of a decision under this part, the decision is rescinded, it is to be taken that the decision was never made or implemented, whether or not any decision is substituted in its stead. 9A.1 Payment for prints (1) A person for whom a print is made by or at the request of a police officer in the performance of the police officer's duty under this Act or otherwise, must pay to the commissioner a reasonable amount for printing and supplying the print. (2) If the person requires a marked print, the person must also pay to the commissioner a reasonable amount for marking the print. (3) However, the commissioner may, in a particular case, decide not to charge an amount under subsection (1) or (2). (4) In this section-- reasonable amount, for printing and supplying or marking a print, means a reasonable amount fixed by the commissioner, not more than the actual cost of producing and supplying, or marking, the print. 9A.2 Entitlement to prints (1) This section applies if the State or a police officer performing the police officer's duties tenders a print as an exhibit in a proceeding before a court or tribunal. (2) A person who satisfies the person who has custody of the print that the person requires a print identical to the print tendered for a prescribed purpose is entitled to a print identical to the print tendered. (3) This section does not entitle a person to a print the person requires for a proceeding started in a court or tribunal because of something alleged to have been done or not done by a police officer or a State employee in the performance of his or her duties, unless a print identical to the print required has been tendered as an exhibit in the proceeding. 9A.3 Procedure to obtain print for prescribed purpose (1) A person who requires a print mentioned in section 9A.2 (the tendered print) for a prescribed purpose may, in writing, ask the person who has custody of the print or, if it is a photograph, the negative of the print, to give to the person a print identical to the tendered print. (2) The request must indicate the purpose for which the person requires the print. (3) However, it is not necessary to supply the print unless the person asking for it pays any amount fixed for the print under section 9A.1. (4) If the person who has custody of the negative is satisfied that the person making the request is entitled to the print and has paid any amount fixed for supplying the print, the person must cause the print to be made and supplied. (5) A person does not incur any liability at law merely because of the printing, marking or supply of a print under this part. 9A.4 What is a prescribed purpose For this part, each of the following is a prescribed purpose-- (a) to answer a charge of an offence, the subject matter of or arising out of a proceeding in which a print identical to the print required is an exhibit; (b) for a proceeding started in a court or tribunal, whether it is the proceeding in which a print identical to the print required is an exhibit or another proceeding; (c) for deciding whether to start a proceeding in a court or tribunal or to make a particular claim in the proceeding; (d) for deciding whether to defend a proceeding that may be started in a court or tribunal or to make or resist a particular claim in the proceeding. 10.1 Improper disclosure of information (1) Any officer or staff member or person who has been an officer or a staff member who, except for the purposes of the police service, discloses information that-- (a) has come to the knowledge of, or has been confirmed by, the officer or staff member or person through exercise, performance or use of any power, authority, duty or access had by the officer or staff member or person because of employment in the service; or (b) has come to the knowledge of the officer or staff member or person because of employment in the service; commits an offence against this Act, unless-- (c) the disclosure is authorised or permitted under this or another Act; or (d) the information is about a person offered an opportunity to attend a drug diversion assessment program under the Police Powers and Responsibilities Act 2000, section 379 and the disclosure is made to the chief executive of the department within which the Health Act 1937 is administered; or (e) the disclosure is made under due process of law; or (f) the information is not of a confidential or privileged nature; or (g) the information would normally be made available to any member of the public on request. Maximum penalty--100 penalty units. (2) In prosecution proceedings for an offence defined in subsection (1), it is irrelevant that information of the nature of that disclosed had also come to the defendant's knowledge otherwise than in a manner prescribed by subsection (1). 10.2 Authorisation of disclosure (1) The commissioner may, in writing, authorise disclosure of information that is in the possession of the police service. (2) Subsection (1) does not apply if section 5A.20(4), 5A.21A(5), 5AA.14(3), 10.2A, 10.2B, 10.2C or 10.2D applies to the information. (3) Authorisation under subsection (1) must accord with any regulations made in relation to disclosure of such information, and any such authorisation is to be taken as authorising disclosure in accordance with any such regulations. (4) Also, subject to any regulation made under subsection (3), the commissioner may impose conditions on the disclosure of information under this section. (5) A person to whom the information is disclosed must not contravene a condition imposed under subsection (4). Maximum penalty--40 penalty units. (6) Neither the Crown nor any person incurs any liability in law on account of a disclosure of information made under and in accordance with the commissioner's authorisation. 10.2A Disclosure of criminal history for employment screening under commercial or other arrangement (1) This section applies in relation to the disclosure of the criminal history of a person (relevant person) if-- (a) the disclosure is to be made to the CrimTrac Agency or the police force or service of another jurisdiction (each of which is a relevant agency); and (b) the purpose of the disclosure is to facilitate the release of the relevant person's criminal history by the relevant agency to someone else under an arrangement; and (c) the arrangement provides for the use of the relevant person's criminal history only for employment screening purposes. (2) The commissioner may disclose the relevant person's criminal history to the relevant agency as a function of the service. (3) However, the commissioner may disclose the relevant person's criminal history to the relevant agency only with the person's written consent and only if the commissioner is satisfied the disclosure-- (a) is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and (b) is, or is likely to be, of benefit to the community or a section of the community. (4) In this section-- arrangement includes an intergovernmental arrangement and a commercial arrangement. employment includes engagement on a voluntary basis. 10.2B Disclosure of criminal history for assessing suitability for diversion program (1) This section applies for helping a person (the decision maker) decide whether another person is suitable to take part in a diversion program. (2) The commissioner may, for the purpose of assessing the person's suitability for the program and with the person's written consent, disclose the person's criminal history to the chief executive officer of the entity responsible for assessing the person's suitability. (3) The commissioner may disclose the person's criminal history as a function of the service and the relevant chief executive officer may use the information for the purpose of the assessment and, if required, in any report given to a decision maker on the person's suitability. (4) In this section-- diversion program means a government sponsored program for diverting alleged offenders from court proceedings that is prescribed under a regulation under this Act or a regulation under the Bail Act 1980, section 11(4). government sponsored program means a program that is funded, or partly funded, by the State or Commonwealth government or is otherwise endorsed by the State government. 10.2C Misuse of information obtained under ss 10.2A-10.2B (1) This section applies in relation to a disclosure of information made to a person under section 10.2A or 10.2B (a relevant disclosure). (2) A person to whom a relevant disclosure is made must not-- (a) use the information for a purpose other than the purpose for which the information is disclosed; or (b) disclose the information to someone other than the person to whom the information relates without that person's written consent. Maximum penalty--100 penalty units. 10.2D Disclosure of information to the media by direct data feed (1) This section applies in relation to information about particular incidents involving a response by an officer or officers as part of operational activities of the service. (2) However, this section applies to the information only if-- (a) the commissioner is satisfied disclosing the information while officers are responding to the incident or soon after the response will not adversely affect operational activities undertaken as part of the response; and (b) the commissioner considers it is appropriate to disclose the information to electronic or print media organisations (the media) or a section of the media by direct data feed. (3) The commissioner may, as a function of the service, disclose the information to the media by direct data feed, on the conditions and subject to the restrictions the commissioner considers appropriate. (4) Without limiting subsection (3), the restrictions the commissioner may impose on the disclosure of the information include restrictions about the nature of the information that is to be disclosed and when it is to be disclosed. (5) The commissioner discloses the information by direct data feed by giving the media organisation electronic access to operational information about the police service. 10.2E Relationship to other laws To remove any doubt, it is declared that this division is subject to any other Act that-- (a) requires or permits the commissioner to disclose information in the possession of the service about a person; or (b) prevents or restricts the commissioner from disclosing information in the possession of the service about a person. 10.2F Declarations about particular information disclosures (1) This section applies to a disclosure, made by the commissioner before the commencement of this section, of information of a kind mentioned in section 10.2, 10.2A or 10.2D in the circumstances mentioned in the section. (2) The disclosure is and always was, lawfully made. 10.3 Protection from liability for reports (1) It is lawful for