POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 5.2
Appointment to be on merit on impartial procedures
POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 5.2
Appointment to be on merit on impartial procedures
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, other than an executive officer, as a police recruit or to a police
officer position, or to appoint an executive officer to a police officer
position or rank, 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 or rank 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 or rank in question.
(6) For the purpose
of determining the potential of an officer to discharge the duties of a
position or rank 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 or rank in question;
(d) any relevant academic,
professional or trade qualifications of the officer.