POLICE SERVICE ADMINISTRATION ACT 1990 - As at 1 September 2023 - Act 4 of 1990

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1.1 Short title
• 1.2 Commencement
• 1.3 Objects
• 1.4 Definitions
• 1.5 Meaning of tenure not limited by time
1.6. (Repealed)

PART 2 - QUEENSLAND POLICE SERVICE

• 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
• 2.3AA Responsibility for command
• 2.4 Community responsibility preserved
• 2.5 Administration of staff members
• 2.5A Officers etc. employed under this Act

PART 3 - POLICE OFFICERS’ POWERS AND DUTIES RELATED TO THOSE OF CONSTABLE

• 3.1 Meaning of officer in part
• 3.2 Relation to office of constable
• 3.3 Oath of office
• 3.4 Proof of office
3.5. (Repealed) 3.6. (Repealed)
• 3.7 Termination of powers

PART 4 - COMMISSIONER OF THE QUEENSLAND POLICE SERVICE

• 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

PART 5 - APPOINTMENT OF PERSONNEL

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
5.13C. (Repealed)
• 5.14 Calculation of continuous service as officer
• 5.15 Officer as employee of Crown
• 5.16 Appointment of special constables
• 5.16A Special constables (State officer)
• 5.16B Special constables (associate)
• 5.16C Exclusion of matters about special constables from review under other Acts
• 5.17 Authorisation of non-State police officers

Division 2 - Watch-house officers

• 5.18 Appointment of watch-house officers

Division 3 - Protective services officers

• 5.19 Appointment of protective services officers
• 5.20 Ranks
• 5.21 Issue of identity card
• 5.22 Oath of office for protective services officers
• 5.23 Functions of protective services officers
• 5.24 Duties of protective services officers

PART 5A - ALCOHOL AND DRUG TESTS

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.4B Operators of saliva analysing instruments
• 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 a specimen

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. (Repealed)
• 5A.23 Limitation on disciplinary proceedings

PART 5AA - ASSESSMENT OF SUITABILITY OF PERSONS SEEKING TO BE ENGAGED, OR ENGAGED, BY THE SERVICE

Division 1 - Preliminary

• 5AA.1 Purpose of pt 5AA
• 5AA.1A Definition for 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. (Repealed)

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.
• 5AA.10A Information about disciplinary action to be given by chief executive

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

PART 6 - STANDING DOWN AND SUSPENSION

• 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

PART 6A - REPORTING OBLIGATIONS OF OFFICERS AND STAFF MEMBERS

• 6A.1 Duty concerning misconduct and other grounds for disciplinary action
• 6A.2 Offence of victimisation

PART 7 - DISCIPLINE PROCESS FOR OFFICERS

Division 1 - Preliminary

• 7.1 Main purposes of part
• 7.2 Application of part
• 7.3 Definitions for part
• 7.4 Grounds for disciplinary action
• 7.5 Imposition of professional development strategies etc.
• 7.6 Corrupt conduct
• 7.7 When complaints are received
• 7.8 Requirement to give notices to subject officer’s lawyer

Division 2 - Preliminary provisions for starting disciplinary proceedings

• 7.9 Implementation of professional development strategies by commissioner
• 7.10 Referral of complaint to prescribed officer
• 7.11 Requirements for starting disciplinary proceeding
• 7.12 When disciplinary proceeding must be started
• 7.13 When ground for disciplinary action arises
• 7.14 Examination by medical practitioner

Division 3 - Abbreviated disciplinary proceedings

• 7.15 Application of division
Subdivision 2 - Invitation and making of offer
• 7.16 Offer to impose disciplinary sanction or professional development strategy
• 7.17 Requirement to give subject officer an invitation and ability to seek further information
• 7.17A Ending of proceeding—subject officer does not accept invitation
• 7.18 Abbreviated process notice
• 7.19 Subject officer may ask commissioner to make offer
Subdivision 3 - Acceptance of offer and imposition of sanction or strategy
• 7.20 Definition for subdivision
• 7.21 Subject officer’s acceptance of proposed sanction or strategy
• 7.22 Ending of proceeding—subject officer does not accept proposed sanction or strategy
• 7.23 Imposition of disciplinary sanction or professional development strategy
Subdivision 4 - Quashing proceeding
• 7.24 New evidence and quashing of proceeding by QCAT

Division 4 - Process for hearings by prescribed officers

• 7.25 How disciplinary proceeding is started
• 7.26 Subject officer’s right to make written submission
• 7.27 Decision about whether disciplinary charge is proved
Subdivision 2 - Decision to impose disciplinary sanction or professional development strategy
• 7.28 Proposed sanction notice
• 7.29 Subject officer’s right to make written submission
• 7.30 Decision about imposition of disciplinary sanction or professional development strategy
• 7.31 QCAT information notices
Subdivision 3 - General
• 7.32 Principles for conducting disciplinary proceeding

Division 5 - Disciplinary sanctions

• 7.33 Application of division
• 7.34 Disciplinary sanctions
• 7.35 Power of prescribed officer to impose disciplinary sanction
• 7.36 Probation
• 7.37 Comprehensive transfer
• 7.38 Local transfer
• 7.39 Community service
• 7.40 Fines
• 7.41 Suspension of disciplinary sanctions
• 7.42 Professional development strategies

Division 6 - Other provisions

• 7.42A Application of subdivision
• 7.42B Appointment of new prescribed officer
• 7.42C Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding
Subdivision 2 - Miscellaneous provisions
• 7.43 Central disciplinary unit
• 7.44 Guidelines
• 7.45 Record-keeping
• 7.46 Commissioner’s powers not to be delegated

PART 7A - DISCIPLINARY DECLARATIONS AGAINST FORMER OFFICERS

• 7A.1 Power to conduct disciplinary investigation against a former officer
• 7A.2 Disciplinary action that may be taken against a former officer
• 7A.3 Procedure
• 7A.4 Commissioner to give former officer and the CCC a QCAT information notice
7A.5. (Repealed)

PART 8 - RESIGNATION, RETIREMENT, CHANGE IN STATUS AND SUMMARY DISMISSAL

Division 1 - Resignation, retirement and change of status

• 8.1 Resignation
• 8.2 Retirement
• 8.3 Unfitness for duty on medical grounds

Division 2 - Summary dismissal if sentenced to imprisonment

• 8.4 Application of division
• 8.5 References to sentence of imprisonment
Subdivision 2 - Summary dismissal on sentencing
• 8.6 Dismissal
Subdivision 3 - Appeal after summary dismissal
• 8.7 Application of subdivision
• 8.8 Reappointment
• 8.9 Standing down or suspension after reappointment
• 8.10 Salary entitlement, continuous service and service history
Subdivision 4 - Operation of division
• 8.11 Interaction between division and pt 7

PART 9 - REVIEW OF DECISIONS

• 9.1A Relationship with Industrial Relations Act 2016
• 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
• 9.7 Protection of commissioners for police service reviews from liability
• 9.8 Other protection from liability for a review

PART 9A - (Repealed)

PART 10 - MISCELLANEOUS PROVISIONS

Division 1 - Provisions about use or disclosure of information

• 10.1 Unauthorised use of confidential information
• 10.2 Authorisation of disclosure
Subdivision 1A - (Repealed) Subdivision 2 - Criminal history disclosure provisions
• 10.2AA Definitions for sdiv 2
• 10.2A Disclosure of criminal history for employment screening under commercial or other arrangement
• 10.2BA Disclosure of criminal history to assess suitability of records for s 10.2A purposes
• 10.2B Disclosure of criminal history for assessing suitability for diversion program
10.2C. (Repealed) Subdivision 2A - Disclosure provisions about disciplinary information
• 10.2CA Information about disciplinary action to be given by commissioner
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 1AA - National identity matching services

• 10.2FA Definitions for division
• 10.2FB Division binds all persons
• 10.2FC Disclosure of identity information by commissioner
• 10.2FD Collection and use of identity information by commissioner
• 10.2FE Collection, use and disclosure by host agency
• 10.2FF Disclosure, use or collection must be for permitted purpose
• 10.2FG Inconsistency with other laws

Division 1A - Provisions about exchange of policing information

• 10.2G Definitions for division
10.2H. (Repealed) Subdivision 2 - Giving of policing information
• 10.2I Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes
• 10.2J Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes
10.2K. (Repealed)
• 10.2L Giving information to approved agencies to enable use of information for particular purposes
• 10.2M Commissioner may impose conditions
Subdivision 3 - Relationship with other provisions
• 10.2N Use of information permitted despite other provisions
• 10.2O Condition imposed under another Act may apply
Subdivision 4 - General
• 10.2P Misuse of information given under this division
• 10.2Q Extra-territorial application of offence provision
• 10.2R Protection from liability

Division 1B - Provisions about exchange of criminal history for particular employment screening

• 10.2S Definitions for div 1B
• 10.2T Giving criminal history to interstate screening unit or approved agency for employment screening
• 10.2U Use of criminal history permitted despite other provisions
• 10.2V Protection from liability

Division 2 - Other miscellaneous provisions

• 10.3 Protection from liability for reports
• 10.4 Rejection of frivolous complaints
• 10.5 Civil liability of police officers and others for engaging in conduct in official capacity
10.6. (Repealed)
• 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. (Repealed) 10.15. (Repealed)
• 10.16 Charges for police services
• 10.17 Exemption from tolls
• 10.18 Prohibited use of words suggesting association with police
• 10.19 Offences relating to police officers
• 10.20 Bribery or corruption of officers or staff members
10.20A. (Repealed)
• 10.21 False representation causing police investigations
• 10.21A Unlawful possession of prescribed articles
• 10.21B Unlawfully killing or injuring police dog or police horse
• 10.21BA Wilfully and unlawfully killing or seriously injuring police dog or police horse
• 10.21C Local laws do not apply in relation to police dogs or police horses etc.
• 10.22 Impersonating protective services officer
• 10.23 Proceedings for offences—general
• 10.23A Proceeding for offence against s 10.21BA
• 10.23B Maximum penalty for offence against s 10.21BA dealt with summarily
• 10.23C Appeal against decision to decide charge against s 10.21BA summarily
• 10.24 Representation in court
10.26. (Repealed) 10.27. (Repealed)
• 10.28 Regulation-making power

PART 11 - TRANSITIONAL, DECLARATORY AND VALIDATING PROVISIONS

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. (Repealed)
• 11.5 Declaration about s 5.17

Division 3 - (Repealed)

Division 4 - Transitional and declaratory provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009

• 11.8 Former officer

Division 5 - Transitional provisions for the State Penalties Enforcement and Other Legislation Amendment Act 2009

• 11.9 Definition for div 5
11.10. (Repealed)
• 11.11 Exchange of criminal history for child-related employment screening

Division 6 - Transitional provisions for Public Service and Other Legislation (Civil Liability) Amendment Act 2014

• 11.12 Definitions
• 11.13 Application of ss 10.5 and 10.6 to acts and omissions before commencement
• 11.14 Relationship of s 10.5 if civil liability dealt with by another Act or provision of this Act

Division 7 - Transitional provision for Public Safety Business Agency Act 2014

• 11.15 Application of pt 5AA to particular current employees

Division 8 - Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015

• 11.16 Approved agency and law enforcement agency during interim period

Division 9 - (Expired)

Division 9A - Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2018

• 11.17A Liability of commissioners for police service reviews

Division 10 - Repeal and transitional provisions for Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019

• 11.18 Definitions for division
• 11.19 Repeal of Police Service (Discipline) Regulations 1990
• 11.20 Existing disciplinary proceedings—saving of previous s 7.4 and repealed regulations
• 11.21 Existing disciplinary proceedings—application of new pt 7 in particular circumstances
• 11.22 Alleged misconduct or breaches of discipline occurring before commencement
• 11.23 Existing reviews of disciplinary decisions—breaches of discipline
• 11.24 Review of particular disciplinary decisions about breaches of discipline
• 11.25 Existing discipline history
• 11.26 Continued application of previous pt 7A

Division 11 - Transitional provision for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018

• 11.19 Exchange of criminal history for disability-related employment screening

Division 12 - Repeal and transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021

• 11.20 Repeal
Subdivision 2 - Transitional provisions
• 11.21 Definitions for subdivision
• 11.22 Particular terms have meaning given under repealed Act
• 11.23 Matters relating to PSBA board
• 11.24 Matters relating to chief operating officer
• 11.25 Matters relating to PSBA staff
• 11.26 State is successor in law of PSBA
• 11.27 Assets and liabilities
• 11.28 Records and documents
• 11.29 Contracts, agreements, undertakings, other arrangements and instruments
• 11.30 Current proceedings
• 11.31 Proceedings not yet started
• 11.32 Registering authority to note transfer or other dealing
• 11.33 Effect on legal relationships
• 11.34 References to the PSBA

Division 13 - Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2022

• 11.35 Definitions for division
• 11.36 Protective security officer
• 11.37 Senior protective security officer (in training)
• 11.38 Senior protective security officer
• 11.39 References to repealed Act

Division 14 - Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023

• 11.40 Staff members appointed under section 8.3(5) before commencement
• 11.41 Application of s 10.1 relating to confidential information acquired or gained before commencement
• 11.42 Application of pt 7, div 6, sdiv 1 to disciplinary proceedings started before commencement

Division 15 - Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023

• 11.43 Current appointments as special constable

Division 16 - Transitional and validation provisions inserted under Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

• 11.44 Definitions for division
• 11.45 Application of division
• 11.46 Validation of affected referrals and subsequent action
• 11.47 Demotions and suspensions affected by validation
• 11.48 New period for starting disciplinary proceedings
• 11.49 Continuation of interrupted disciplinary proceedings
• 11.50 Right to review by tribunal
• 11.51 Remedial action by commissioner
• 11.52 Notice before taking remedial action
• 11.53 Division not affected by other action
• 11.54 Judicial review
• SCHEDULE 1
• SCHEDULE 2