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TASMANIA
__________
POLICE SERVICE BILL 2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 POLICE SERVICE
Division 1 Establishment of Police Service
4. Police Service
5. Order of seniority
Division 2 Appointments
6. Commissioner of Police
7. Responsibilities of Commissioner
8. Delegation
9. Deputy Commissioner
10. Assistant Commissioners
11. Commissioned police officers
12. Non-commissioned police officers
13. Special constables
14. Ancillary constables
[Bill 77]-V
15. Trainees and junior constables
Division 3 Promotions
16. Qualification and Accreditation Committee
17. Promotion Selection Committees
18. Promotion
19. Publication of intention to promote
20. Promotion taking effect
21. Promotion on merit
22. Division not to apply to special constables
Division 4 Secondments and transfers
23. Secondment
24. Transfer to and from Police Service
25. Transfer within Police Service
26. Division not to apply to special constables
Division 5 Resignations, retirements and terminations
27. Resignation
28. Retirement
29. Inability to perform duties
30. Termination or demotion of commissioned police officers
31. Termination or demotion of non-commissioned police
officers
32. Effective date of termination or demotion
Division 6 General provisions
33. Probation
34. Acting in higher rank
35. Duties of police officers
36. Oaths and affirmations
37. Reversion
38. Stand-down
39. Effect of stand-down
2
40. Suspension
41. Effect of suspension
PART 3 CONDUCT
Division 1 Code of conduct
42. Code of conduct
43. Actions in relation to breaches of code of conduct
Division 2 Complaints
44. Making complaints
45. Registration of complaints
46. Investigating complaints
47. Determination of complaints
Division 3 Integrity tests and financial statements
48. Integrity tests
49. Financial statements
Division 4 Alcohol and drugs
50. Testing for alcohol and drugs
51. Directions
52. Part applies to Commissioner
PART 4 REVIEWS
Division 1 Police Review Board
53. Establishment of Police Review Board
54. General functions and powers of Police Review Board
Division 2 Reviews relating to promotions
55. Application for review relating to promotion
56. Constitution of Police Review Board for review relating to
promotion
57. Attendance at review relating to promotion
58. Determination relating to promotion to rank below
inspector
3
59. Determination relating to promotion to rank of inspector
Division 3 Reviews relating to terminations and
demotions
60. Application for review relating to termination or
demotion
61. Constitution of Police Review Board for review relating to
termination or demotion
62. Attendance at review relating to termination or demotion
63. Determination relating to termination or demotion of
commissioned police officer
64. Determination relating to termination or demotion of
non-commissioned police officer
Division 4 Reviews relating to other matters
65. Application for review relating to other matters
66. Constitution of Police Review Board for review relating to
other matters
67. Attendance at review relating to other matters
68. Determination relating to other matters
Division 5 General provisions
69. Applications
70. Attendance by persons
71. Representation
72. Attendance by Commissioner
73. Remuneration and allowances
74. Documents
75. Conduct of review
76. Proceedings closed to public
PART 5 OFFENCES
77. Bribery
78. Impersonation
79. Failing to assist police officer
4
80. Names and addresses
81. False or misleading statements
82. Return of equipment
PART 6 MISCELLANEOUS
83. Police powers
84. Protection from liability for police officers
85. Immunity in relation to police dogs
86. Protection from liability for other persons
87. Liability for lost or damaged equipment
88. Application to trainees and junior constables
89. Industrial Relations Act 1984: application
90. Sale of goods
91. Additional leave
92. Powers and duties during leave
93. Police Manual
94. Police Gazette
95. Evidence of appointment or rank
96. Fee for services
97. Police Pipe Band
98. Regulations
99. Savings and transitional provisions
100. Administration of Act
101. Police Regulation Act 1898 repealed
SCHEDULE 1 OATHS AND AFFIRMATIONS
SCHEDULE 2 MEMBERSHIP OF POLICE REVIEW
BOARD
SCHEDULE 3 SAVINGS AND TRANSITIONAL
5
6
POLICE SERVICE BILL 2003
(Brought in by the Minister for Police and Public Safety,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to provide for the establishment and
regulation of the Police Service
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Police Service Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act
"ancillary constable" means a person who is
(a) appointed as an ancillary constable
under section 14; or
[Bill 77] 7
s. 3 No. Police Service 2003
(b) an ancillary constable by virtue of
clause 9 of Schedule 3;
"Assistant Commissioner" means an Assistant
Commissioner appointed under section 10;
"authorised person" means a person authorised
by the Commissioner;
"availability" means availability as defined in the
Police Award;
"chairperson" means the chairperson of the Police
Review Board;
"code of conduct" means the code of conduct
specified in section 42;
"commissioned police officer" means a police
officer of or above the rank of inspector;
"Commissioner" means the Commissioner of Police
appointed under section 6;
"complaint" means a complaint under Division 2 of
Part 3;
"conduct" includes any act or omission;
"demote" means to reduce the rank of a police
officer to any lower rank;
"Deputy Commissioner" means the Deputy
Commissioner of Police appointed under
section 9;
"drug" means
(a) a prohibited substance or prohibited
plant within the meaning of the Poisons
Act 1971; and
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2003 Police Service No. s. 3
(b) a substance included in Schedule 2, 3, 4
or 8 to the Poisons List Order 2001; and
(c) a controlled substance within the
meaning of the Misuse of Drugs Act
2001; and
(d) a substance included in the Australian
Register of Therapeutic Goods
established under the Therapeutic Goods
Act 1989 of the Commonwealth; and
(e) a metabolite of a substance mentioned in
paragraph (a), (b), (c) or (d);
"duties" includes functions and responsibilities;
"integrity test" means a test referred to in
Division 3 of Part 3;
"junior constable" means a junior constable
appointed under section 15;
"legal practitioner" means a legal practitioner as
defined in the Legal Profession Act 1993;
"merit" means merit as specified in section 21;
"non-commissioned police officer" means a
police officer below the rank of inspector;
"Police Award" means an award, determination,
decision, order or agreement in force under the
Industrial Relations Act 1984 relating to police
officers, trainees and junior constables;
"police dog" means a dog that is used by police
officers in performing any duties or exercising
any powers of police officers;
9
s. 3 No. Police Service 2003
"police-dog handler" means a police officer whose
duties include handling a police dog;
"Police Gazette" means the Police Gazette
published under section 94;
"Police Manual" means the Police Manual
published under section 93;
"police officer" means
(a) a member of the Police Service, other
than a trainee or junior constable; and
(b) a person seconded or transferred to the
Police Service as a police officer;
"Police Review Board" means the Police Review
Board established under section 53;
"Police Service" means the Police Service
established under section 4;
"Promotion Selection Committee" means a
committee established under section 17;
"Qualification and Accreditation Committee"
means the committee established under
section 16;
"qualified person" means
(a) a registered medical practitioner; or
(b) a person who is a registered nurse or an
enrolled nurse under the Nursing Act
1995;
"rank" means a rank specified in section 4(2);
"review" means a review under Part 4;
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2003 Police Service No. s. 3
"senior officer" means a person who is determined
under section 5 to be senior to another person;
"special constable" means a person who is
appointed as a special constable under
section 13;
"standby" means standby as defined in the Police
Award;
"termination" means a termination of an
appointment that is not as a result of the
expiry of the instrument of appointment;
"trainee" means a person who is
(a) appointed as a trainee under section 15;
or
(b) a trainee by virtue of clause 10 of
Schedule 3.
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PART 2 POLICE SERVICE
Division 1 Establishment of Police Service
Police Service
4. (1) There is established the Police Service.
(2) The Police Service consists of the following
ranks:
(a) Commissioner;
(b) Deputy Commissioner;
(c) Assistant Commissioner;
(d) Commander;
(e) Inspector;
(f) Sergeant;
(g) Constable;
(h) Special Constable;
(i) Trainee;
(j) Junior Constable;
(k) any other rank created under subsection (4).
(3) The total number of police officers comprising
the Police Service is to be determined by the Minister after
considering any recommendation of the Commissioner.
(4) The Commissioner or, in the case of a rank of or
above the rank of inspector, the Governor may remove or
create a rank.
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2003 Police Service No. s. 5
Order of seniority
5. (1) The order of seniority is as follows:
(a) police officers in the order set out in
section 4(2)(a), (b), (c), (d), (e), (f), (g) and (h);
(b) as between 2 police officers of different ranks,
the police officer with the higher rank;
(c) as between 2 police officers of the same rank,
as determined by the Commissioner;
(d) as between trainees, junior constables and
police officers, as determined by the
Commissioner.
(2) The seniority of a rank created under section 4(4)
is as determined by the Commissioner or the Governor, as
appropriate.
(3) The Commissioner is to publish or cause to be
published a list of the order of seniority.
Division 2 Appointments
Commissioner of Police
6. (1) A person is to be appointed by the Governor as the
Commissioner of Police for a period not exceeding 5 years
as specified in the instrument of appointment.
(2) The Commissioner is entitled to the
remuneration and allowances, and holds office subject to
the terms and conditions, as specified in the instrument of
appointment.
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s. 7 No. Police Service 2003
Responsibilities of Commissioner
7. (1) The Commissioner, under the direction of the
Minister, is responsible for the efficient, effective and
economic management and superintendence of the Police
Service.
(2) Matters for which the Commissioner is
responsible include, but are not limited to, the following:
(a) determination of the organisational structure
of the Police Service;
(b) determination of the number, type and
location of police stations and other buildings
and structures used for the purposes of the
Police Service;
(c) determination and allocation of duties within
the Police Service;
(d) performance evaluation;
(e) discipline within the Police Service;
(f) training, education and development programs
to ensure efficient and effective performance of
duties;
(g) the establishment of internal grievance-
resolution procedures.
(3) The Commissioner may
(a) issue orders, directions, procedures and
instructions for the efficient, effective and
economic management and superintendence of
the Police Service; and
(b) do anything else necessary or convenient for
the efficient, effective and economic
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2003 Police Service No. s. 8
management and superintendence of the
Police Service.
Delegation
8. The Commissioner, by instrument in writing, may
delegate to a police officer, or an employee or officer within
the meaning of the State Service Act 2000, any power, duty
or responsibility of the Commissioner under this Act or
any other Act, other than
(a) this power of delegation; or
(b) the power to take action under section 29(4)(j)
or 43(3)(k); or
(c) the power to terminate, or recommend the
termination of, the appointment of a police
officer, trainee or junior constable under
section 13(3), 15(6), 29(4)(h) or (i), 30, 31 or
43(3)(i) or (j).
Deputy Commissioner
9. (1) A person is to be appointed by the Governor as
Deputy Commissioner of Police for a period not exceeding
5 years as specified in the instrument of appointment.
(2) The Deputy Commissioner is entitled to the
remuneration and allowances, and holds office subject to
the terms and conditions, as specified in the instrument of
appointment.
(3) The Deputy Commissioner is to
(a) assist the Commissioner; and
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s. 10 No. Police Service 2003
(b) act as Commissioner during any absence of
the Commissioner or any vacancy in the office
of Commissioner.
(4) Anything done or omitted to be done by the
Deputy Commissioner while acting as the Commissioner is
as valid, and has the same consequences, as if it had been
done or omitted to be done by the Commissioner.
Assistant Commissioners
10. (1) Persons are to be appointed by the Governor as
Assistant Commissioners for a period not exceeding 5
years as specified in the instrument of appointment.
(2) An Assistant Commissioner is entitled to the
remuneration and allowances, and holds office subject to
the terms and conditions, as specified in the instrument of
appointment.
(3) An Assistant Commissioner is to
(a) assist the Commissioner and the Deputy
Commissioner; and
(b) act as Deputy Commissioner as authorised by
the Commissioner during any absence of the
Deputy Commissioner or any vacancy in the
office of Deputy Commissioner.
(4) Anything done or omitted to be done by an
Assistant Commissioner while acting as the Deputy
Commissioner is as valid, and has the same consequences,
as if it had been done or omitted to be done by the Deputy
Commissioner.
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2003 Police Service No. s. 11
Commissioned police officers
11. (1) Persons are to be appointed by the Governor as
commanders for a period not exceeding 5 years as specified
in the instrument of appointment.
(2) A commander is entitled to remuneration and
allowances, and holds office subject to the terms and
conditions, as specified in the instrument of appointment.
(3) Persons are to be appointed by the Governor as
inspectors for a non-fixed period under the terms and
conditions of the Police Award.
(4) Persons may be appointed by the Governor as
commissioned police officers to a rank created under
section 4(4).
Non-commissioned police officers
12. (1) The Commissioner may appoint persons as non-
commissioned police officers
(a) for a non-fixed period under the terms and
conditions of the Police Award; or
(b) with the consent of the persons, for a period
not exceeding 5 years, and subject to the terms
and conditions, as specified in the instrument
of appointment if
(i) the person has specialist or expert
qualifications; or
(ii) the person has experience as a police
officer; or
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s. 13 No. Police Service 2003
(iii) special circumstances exist which, in the
opinion of the Commissioner, justify the
appointment.
(2) The Commissioner may determine the
qualifications, skills, attributes and medical, physical or
other requirements for appointment under this section.
(3) The Commissioner may reduce the rank of a
police officer appointed under subsection (1)(b) if the police
officer is no longer required to use the specialist or expert
qualifications or experience for which the police officer was
appointed.
(4) This section does not apply to the appointment of
a person as a special constable.
Special constables
13. (1) The Commissioner may appoint persons as special
constables if of the opinion that it is necessary or
convenient to do so.
(2) An appointment as a special constable
(a) is for a period and within an area the
Commissioner determines or as specified in
the instrument of appointment; and
(b) is subject to the remuneration, terms and
conditions the Commissioner determines or as
specified in the instrument of appointment;
and
(c) is subject to any restrictions the Commissioner
determines or as specified in the instrument of
appointment.
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2003 Police Service No. s. 14
(3) The Commissioner may suspend or terminate
the appointment of a special constable for any reason the
Commissioner considers appropriate.
Ancillary constables
14. (1) The Commissioner may appoint persons as
ancillary constables for any event or purpose if of the
opinion that it is necessary or convenient to do so.
(2) An appointment as an ancillary constable
(a) is for a period and within an area the
Commissioner determines or as specified in
the instrument of appointment; and
(b) is subject to any terms and conditions the
Commissioner determines or as specified in
the instrument of appointment; and
(c) is subject to any restrictions the Commissioner
determines or as specified in the instrument of
appointment.
(3) An ancillary constable is not a police officer but,
subject to any restrictions the Commissioner determines
or as specified in the instrument of appointment, has the
powers and duties of a police officer with the rank of
constable.
(4) The Commissioner may suspend or terminate
the appointment of an ancillary constable for any reason
the Commissioner considers appropriate.
Trainees and junior constables
15. (1) The Commissioner may appoint persons as
trainees or junior constables for a period not exceeding 2
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s. 16 No. Police Service 2003
years subject to any terms and conditions as specified in
the instrument of appointment.
(2) A person may only be appointed as a junior
constable if the person is at least 16 years of age but has
not attained the age of 21 years.
(3) A person may only be appointed as a trainee if
the person is at least 18 years of age.
(4) The Commissioner may determine the
qualifications, skills, attributes and medical, physical or
other requirements for appointment under this section.
(5) A trainee or junior constable
(a) is subject to the direction and control of the
Commissioner; and
(b) is to undertake the duties assigned to him or
her.
(6) The Commissioner may terminate the
appointment of a trainee or junior constable for any reason
the Commissioner considers appropriate.
Division 3 Promotions
Qualification and Accreditation Committee
16. (1) The Commissioner may establish a Qualification
and Accreditation Committee to be responsible for the
provision of courses, examinations, assessments and
accreditations relating to qualification for promotion.
(2) The Qualification and Accreditation Committee
is to consist of at least 3 persons appointed by the
Commissioner.
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2003 Police Service No. s. 17
Promotion Selection Committees
17. (1) The Commissioner may establish Promotion
Selection Committees to make recommendations relating
to the promotion or otherwise of police officers.
(2) A Promotion Selection Committee is to consist of
at least 3 persons appointed by the Commissioner.
Promotion
18. (1) A non-commissioned police officer who is qualified
for promotion, by notice in writing to the Commissioner,
may apply to be promoted.
(2) A non-commissioned police officer is qualified for
promotion if the police officer has successfully completed,
or is accredited with having successfully completed, the
required examinations and other assessments as the
Commissioner determines.
(3) The Commissioner may promote a non-
commissioned police officer who is qualified for promotion
to a rank below the rank of inspector and above the rank
the police officer currently holds.
(4) The Commissioner may recommend to the
Minister the promotion to the rank of inspector of a non-
commissioned police officer who is qualified for promotion
to that rank.
(5) In determining whether to promote or
recommend the promotion of a police officer, the
Commissioner may take into account the conduct of the
police officer.
(6) A non-commissioned police officer, by notice in
writing to the Commissioner, may withdraw an
application for promotion.
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s. 19 No. Police Service 2003
(7) A promotion to the rank of inspector is to be in
accordance with section 11(3).
Publication of intention to promote
19. If it is intended to promote a police officer, the
Commissioner is to publish a notice of that intention in
the Police Gazette.
Promotion taking effect
20. The promotion of a police officer
(a) if an application is not made under section 55,
takes effect 15 days after the date of
publication of the notice under section 19; or
(b) if an application is made under section 55 and
the Police Review Board makes a
determination under section 58(1)(a) or
59(1)(a), is taken to have taken effect 15 days
after the date of publication of the notice
under section 19; or
(c) if an application is made under section 55 and
the Police Review Board makes a
determination under section 58(1)(b) or
59(1)(b), takes effect on receipt by the police
officer of the notice under section 75(2)(b); or
(d) if an application is made under section 55 and
the Police Review Board makes a
determination under section 58(2) or 59(4) and
the Commissioner decides to confirm the
promotion of the police officer or recommends
to the Minister that the promotion of the
police officer be confirmed, is taken to have
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2003 Police Service No. s. 21
taken effect 15 days after the date of
publication of the notice under section 19; or
(e) if an application is made under section 55 and
the Police Review Board makes a
determination under section 58(2) or 59(4) and
the Commissioner decides to promote the
applicant or recommends to the Minister that
the applicant be promoted, takes effect on
receipt by the police officer of a notice under
section 58(3)(b) or 59(5)(b); or
(f) if an application made under section 55 is
withdrawn, is taken to have taken effect 15
days after the date of publication of the notice
under section 19.
Promotion on merit
21. (1) The promotion of a police officer is to be on merit.
(2) Merit is the capacity of a person to perform the
required duties having regard to
(a) the knowledge, skills, qualifications and
experience of the person; and
(b) the person's potential for further development.
Division not to apply to special constables
22. The provisions of this Division do not apply to special
constables.
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s. 23 No. Police Service 2003
Division 4 Secondments and transfers
Secondment
23. (1) The Commissioner, by written agreement with a
police officer, may arrange for the police officer to be
seconded to
(a) a police force or police service of a foreign
country or another State or a Territory of the
Commonwealth; or
(b) any other body or organisation, whether
within or outside Tasmania.
(2) The Commissioner, by written agreement with a
person, may arrange for the person to be seconded to the
Police Service from
(a) a police force or police service of a foreign
country or another State or a Territory of the
Commonwealth; or
(b) any other body or organisation, whether
within or outside Tasmania.
(3) A secondment under this section is subject to the
terms and conditions specified in the relevant agreement.
(4) The powers of a police officer seconded under
subsection (1) are retained during the secondment, unless
the Commissioner determines otherwise.
(5) A secondment under subsection (1) does not
break the continuity of service of the police officer.
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2003 Police Service No. s. 24
Transfer to and from Police Service
24. (1) The Commissioner, by written agreement with the
Minister responsible for the administration of the State
Service Act 2000 and an employee or officer within the
meaning of that Act, may arrange for that employee or
officer to be transferred to the Police Service if that
employee or officer satisfies the requirements for
appointment as a police officer.
(2) The Commissioner, by written agreement with
the Minister responsible for the administration of the
State Service Act 2000 and a police officer, may arrange for
the police officer to be transferred to the State Service.
(3) A transfer under this section is subject to the
terms and conditions as agreed to between the
Commissioner and the Minister responsible for the
administration of the State Service Act 2000 and by the
employee, officer or police officer concerned.
(4) A police officer who is transferred under
subsection (2) does not retain any of the powers of a police
officer on that transfer, unless the Commissioner
determines otherwise.
Transfer within Police Service
25. (1) The Commissioner may transfer a police officer
within the Police Service, with or without the consent of
the police officer, if the Commissioner is of the opinion
that it is necessary to do so for the effective management
of the Police Service.
(2) A police officer may apply in writing to the
Commissioner to be transferred within the Police Service.
(3) The Commissioner may grant or refuse to grant
an application under subsection (2).
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s. 26 No. Police Service 2003
Division not to apply to special constables
26. This Division does not apply to special constables.
Division 5 Resignations, retirements and
terminations
Resignation
27. (1) A police officer who wishes to resign from the
Police Service must give 30 days' notice in writing to the
Commissioner, unless the Commissioner otherwise
authorises in writing.
Penalty: Fine not exceeding 2 penalty units.
(2) A resignation only takes effect when accepted by
the Commissioner.
Retirement
28. (1) A police officer must retire from the Police Service
on attaining the age of 65 years.
(2) A police officer may retire from the Police Service
on or after attaining the age of 55 years.
(3) A police officer may retire from the Police Service
if the Commissioner
(a) considers that the police officer is unable to
efficiently and effectively perform his or her
duties because of any reason specified under
section 29; and
(b) agrees in writing.
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2003 Police Service No. s. 29
Inability to perform duties
29. (1) The Commissioner may determine that a police
officer is unable to efficiently and effectively perform his or
her duties because of
(a) any mental illness as defined in the Mental
Health Act 1996; or
(b) any injury, illness or disease; or
(c) any general physical unfitness.
(2) The Commissioner may establish procedures for
the investigation of whether a police officer is able to
efficiently and effectively perform his or her duties.
(3) The Commissioner may direct a police officer to
be medically examined by a registered medical
practitioner nominated by the Commissioner in order to
determine any matter relating to the ability of the police
officer to efficiently and effectively perform his or her
duties.
(4) The Commissioner may take one or more of the
following actions in relation to a police officer who the
Commissioner determines is unable to efficiently and
effectively perform his or her duties:
(a) direct that appropriate counselling be
provided to the police officer;
(b) direct that appropriate retraining be provided
to the police officer;
(c) direct that the remuneration of the police
officer be reduced within the range of
remuneration applicable to the police officer;
(d) reassign the duties of the police officer;
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s. 29 No. Police Service 2003
(e) transfer the police officer;
(f) in the case of a non-commissioned police
officer, demote the police officer;
(g) in the case of a commissioned police officer,
recommend to the Minister that the police
officer be demoted;
(h) in the case of a non-commissioned police
officer, terminate the appointment of the
police officer;
(i) in the case of a commissioned police officer,
recommend to the Minister that his or her
appointment as a police officer be terminated;
(j) take any other action the Commissioner
considers appropriate.
(5) In determining which action or actions to take,
the Commissioner is to consider taking any action in the
order specified in subsection (4) as may be reasonable in
the circumstances.
(6) The Commissioner, by notice served on the police
officer, must notify the police officer of any action taken
under subsection (4).
(7) If the Minister accepts a recommendation made
by the Commissioner under subsection (4)(g) or (i), the
Minister is to recommend to the Governor, as appropriate,
that
(a) the commissioned police officer be demoted; or
(b) his or her appointment as a police officer be
terminated.
(8) The Governor, on receipt of the Minister's
recommendation, may, as appropriate
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2003 Police Service No. s. 30
(a) demote the commissioned police officer; or
(b) terminate his or her appointment as a police
officer.
(9) The Commissioner, by notice served on the
commissioned police officer, must notify the commissioned
police officer of the demotion or termination under
subsection (8).
Termination or demotion of commissioned police
officers
30. (1) The Commissioner may recommend to the
Minister that the appointment of a commissioned police
officer as a police officer be terminated or that the
commissioned police officer be demoted if the
Commissioner does not have confidence in that police
officer's suitability to continue as a police officer or at his
or her rank having regard to
(a) the police officer's competence, integrity,
performance or conduct; or
(b) the loss of community confidence in the Police
Service if the police officer were to continue as
a police officer or at his or her rank.
(2) If the Minister accepts the Commissioner's
recommendation in respect of a commissioned police
officer, the Minister is to recommend to the Governor that
his or her appointment as a police officer be terminated or
that the commissioned police officer be demoted, as
appropriate.
(3) The Governor, on receipt of the Minister's
recommendation under subsection (2), may terminate the
appointment of the commissioned police officer as a police
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s. 31 No. Police Service 2003
officer or demote the commissioned police officer, as
appropriate.
(4) The Commissioner, by notice served on the
commissioned police officer, must notify the commissioned
police officer of the termination or demotion.
(5) The Minister may recommend to the Governor
that the appointment of the Commissioner as a police
officer be terminated if satisfied that the Commissioner is
not suitable to continue as Commissioner having regard
to
(a) the Commissioner's competence, integrity,
performance or conduct; or
(b) the loss of community confidence in the Police
Service if the Commissioner were to continue
as Commissioner.
(6) The Governor, on receipt of the Minister's
recommendation under subsection (5), may terminate the
appointment of the Commissioner as a police officer.
(7) The Minister, by notice served on the
Commissioner, must notify the Commissioner of the
termination.
Termination or demotion of non-commissioned
police officers
31. (1) The Commissioner may terminate the
appointment of a non-commissioned police officer or
demote the non-commissioned police officer if the
Commissioner does not have confidence in that police
officer's suitability to continue as a police officer or at his
or her rank having regard to
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2003 Police Service No. s. 32
(a) the police officer's competence, integrity,
performance or conduct; or
(b) the loss of community confidence in the Police
Service if the police officer were to continue as
a police officer or at his or her rank.
(2) The Commissioner, by notice served on the non-
commissioned police officer, must notify the non-
commissioned police officer of the termination or
demotion.
Effective date of termination or demotion
32. A termination of appointment or a demotion under
this Division takes effect on service of the notice of
termination or demotion.
Division 6 General provisions
Probation
33. (1) The appointment or promotion of a non-
commissioned police officer is subject to any period of
probation not exceeding 12 months as the Commissioner
determines.
(2) The appointment or promotion of a
commissioned police officer is subject to any period of
probation not exceeding 12 months as the Governor
determines.
(3) The period of probation may be extended as the
Commissioner or Governor, as appropriate, determines.
(4) At the end of a period of probation, the
Commissioner or the Governor, as appropriate, may
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s. 34 No. Police Service 2003
(a) confirm the appointment or promotion; or
(b) refuse to confirm the appointment or
promotion.
(5) A police officer whose promotion is not confirmed
is taken to be demoted.
Acting in higher rank
34. (1) The Commissioner may authorise a police officer
to act in any higher rank than the one the police officer
holds for any period the Commissioner determines.
(2) A police officer acting in a higher rank is taken
to be the holder of that rank.
Duties of police officers
35. (1) A police officer is subject to the direction and
control of the Commissioner.
(2) A police officer
(a) is responsible for the management and control
of any part of the Police Service as the
Commissioner determines; and
(b) must undertake the duties assigned to him or
her; and
(c) must comply with any lawful direction or
lawful order of a senior officer.
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2003 Police Service No. s. 36
Oaths and affirmations
36. (1) A person appointed as a special constable must
take the oath specified in Part 1 of Schedule 1 or make the
affirmation specified in Part 2 of Schedule 1 before acting
as a special constable.
(2) A person appointed, seconded or transferred to
the Police Service as a police officer must take the oath
specified in Part 3 of Schedule 1 or make the affirmation
specified in Part 4 of Schedule 1 before acting as a police
officer.
(3) A person appointed as an ancillary constable
must take the oath specified in Part 5 of Schedule 1 or
make the affirmation specified in Part 6 of Schedule 1
before acting as an ancillary constable.
(4) A person who is appointed as a police officer or a
special constable and takes the appropriate oath or makes
the appropriate affirmation in Part 1, 2, 3 or 4 of
Schedule 1 is taken to have entered into an agreement to
serve in the Police Service at any rank the person may
hold until his or her appointment as a police officer or
special constable is terminated or ceases.
(5) An agreement referred to in subsection (4) is not
void for want of consideration or reciprocity.
Reversion
37. (1) A person whose appointment under an instrument
of appointment as a police officer is not renewed at expiry
and who was a police officer immediately before
commencing that appointment may, subject to
subsection (5) and unless the instrument of appointment
provides otherwise, elect to be reappointed as a police
officer at the rank held before the appointment.
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s. 38 No. Police Service 2003
(2) An election is to be made
(a) in writing to the Commissioner; and
(b) within 14 days after the expiry of the
appointment.
(3) If a person makes an election under
subsection (1), the period of appointment as a police officer
is taken to be continuous.
(4) A police officer, at any time, may elect to revert
to a rank that is lower than the rank the police officer
currently holds subject to the approval of the
Commissioner and any terms and conditions the
Commissioner determines.
(5) This section does not apply to a police officer
whose instrument of appointment was entered into before
the commencement of this Act and which does not specify
a right to revert to another rank.
(6) This section does not apply to special constables.
Stand-down
38. (1) The Commissioner may stand down a police officer
from duty for any reason and for any period not exceeding
7 days the Commissioner considers appropriate.
(2) The Commissioner, by notice served on the police
officer, must notify the police officer of the stand-down.
(3) A stand-down takes effect on service of the
notice.
(4) The Commissioner may revoke a stand-down.
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2003 Police Service No. s. 39
Effect of stand-down
39. A police officer who is stood down from duty
(a) is to be paid his or her usual remuneration
and allowances; and
(b) is not entitled to exercise any power, or
perform any of his or her duties, during the
period of being stood down; and
(c) is subject to any direction of the
Commissioner.
Suspension
40. (1) After a police officer has been stood down under
section 38, the Commissioner may suspend the police
officer from duty for any reason and for any period the
Commissioner considers appropriate.
(2) The Commissioner, by notice served on the police
officer, must notify the police officer of the suspension.
(3) A suspension takes effect on service of the notice.
(4) The Commissioner may revoke a suspension.
Effect of suspension
41. A police officer who is suspended from duty
(a) may be suspended with or without
(i) his or her usual remuneration; or
(ii) his or her usual allowances; or
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s. 41 No. Police Service 2003
(iii) his or her usual remuneration and
allowances; and
(b) is not entitled to exercise any power, or
perform any of his or her duties, during that
period of suspension; and
(c) is subject to any direction of the
Commissioner.
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2003 Police Service No. s. 42
PART 3 CONDUCT
Division 1 Code of conduct
Code of conduct
42. (1) A police officer must behave honestly and with
integrity in the course of his or her duties in the Police
Service.
(2) A police officer must act with care and diligence
in the course of his or her duties in the Police Service.
(3) A police officer must comply with
(a) all orders in the Police Manual; and
(b) any lawful direction or lawful order given by a
senior officer.
(4) A police officer must maintain appropriate
confidentiality about any dealing made and information
gained in the course of his or her duties in the Police
Service.
(5) A police officer must disclose, and take
reasonable steps to avoid, any conflict of interest in
connection with his or her duties in the Police Service.
(6) A police officer must use the resources of the
Police Service in a proper manner.
(7) A police officer, in connection with his or her
duties in the Police Service, must not
(a) knowingly provide false or misleading
information; or
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s. 42 No. Police Service 2003
(b) omit to provide any matter knowing that
without that matter the information is
misleading.
(8) A police officer must not make improper use of
(a) information gained in the course of his or her
duties in the Police Service; or
(b) the duties, status, power or authority of the
police officer
in order to gain, or seek to gain, a gift, benefit or
advantage for the police officer or for any other person.
(9) A police officer must not access any information
to which the police officer is not entitled to have access.
(10) A police officer must not destroy, damage, alter
or erase any official document, record or entry without the
approval of the Commissioner.
(11) A police officer must not, at any time, conduct
himself or herself or act in a manner that is likely
(a) to be prejudicial to the Police Service; or
(b) to bring discredit on the Police Service.
(12) A police officer must not victimise or
discriminate against another police officer because that
other police officer has reported a breach of a provision of
the code of conduct.
(13) A police officer must comply with any other
prescribed conduct requirement.
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2003 Police Service No. s. 43
Actions in relation to breaches of code of conduct
43. (1) The Commissioner must establish procedures for
the investigation into any alleged breach of a provision of
the code of conduct by a police officer.
(2) After considering the results of an investigation,
the Commissioner must determine whether or not the
police officer has breached a provision of the code of
conduct.
(3) If the Commissioner determines that a police
officer has breached a provision of the code of conduct, the
Commissioner may take one or more of the following
actions in relation to the police officer:
(a) direct that appropriate counselling be
provided to the police officer;
(b) reprimand the police officer;
(c) impose a fine not exceeding 20 penalty units;
(d) direct that the remuneration of the police
officer be reduced within the range of
remuneration applicable to the police officer;
(e) reassign the duties of the police officer;
(f) transfer the police officer;
(g) in the case of a non-commissioned police
officer, place that police officer on probation
for any specified period the Commissioner
considers appropriate;
(h) in the case of a non-commissioned police
officer, demote the police officer;
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s. 43 No. Police Service 2003
(i) in the case of a non-commissioned police
officer, terminate the appointment of the
police officer;
(j) in the case of a commissioned police officer,
recommend to the Minister that the
appointment of the police officer be terminated
or that the police officer be demoted or placed
on probation for any specified period the
Commissioner considers appropriate;
(k) take any other action the Commissioner
considers appropriate.
(4) If the Minister accepts a recommendation of the
Commissioner made under subsection (3)(j), the Minister
is to recommend to the Governor according to that
recommendation.
(5) The Governor, on receipt of the Minister's
recommendation, may act according to that
recommendation.
(6) The Commissioner may determine that a fine be
paid
(a) within a specified period; or
(b) in such instalments as the Commissioner
specifies.
(7) If there is no determination under subsection (6),
a fine is to be paid within 14 days after service of a notice
under subsection (9).
(8) If a police officer fails to pay a fine or any
instalment of a fine as required, the Commissioner may
(a) direct that an amount equal to the fine or
instalment be deducted from the remuneration
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2003 Police Service No. s. 44
payable to the police officer in full or in any
specified instalments; or
(b) recover that amount as a debt due to the
Police Service in a court of competent
jurisdiction.
(9) The Commissioner, by notice served on the police
officer, must notify the police officer of any action taken
under this section.
(10) A termination of appointment or demotion
under this section takes effect on service of the notice
under subsection (9).
Division 2 Complaints
Making complaints
44. (1) Any person may make a complaint about
(a) the conduct, on or off duty, of a police officer;
or
(b) the conduct, on or off duty, of a person who
was a police officer at the time the conduct
occurred.
(2) A complaint
(a) must be made in writing or in a manner
approved by the Commissioner; and
(b) must be made within 6 months after the
conduct became known to the complainant;
and
(c) must contain details of the conduct; and
(d) does not need to identify the complainant.
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s. 45 No. Police Service 2003
(3) The Commissioner
(a) may accept a complaint that is not made as
specified in subsection (2)(a) if satisfied that
special circumstances exist; and
(b) if accepting the complaint, is to record the
complaint in writing.
(4) The Commissioner may accept a complaint that
is made outside the period referred to in subsection (2)(b)
if satisfied that there are special circumstances.
Registration of complaints
45. (1) On receipt of a complaint, the Commissioner must
enter the details of the complaint in a register of
complaints.
(2) The register of complaints is to be in a form
approved by the Commissioner.
Investigating complaints
46. (1) As soon as practicable after receiving a complaint,
the Commissioner must determine whether to
(a) investigate the complaint; or
(b) dismiss the complaint without an
investigation.
(2) In determining whether to dismiss the complaint
without an investigation, the Commissioner may take into
account the following:
(a) what action has been or is to be taken to
remedy the subject matter of the complaint;
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2003 Police Service No. s. 47
(b) whether the complaint is frivolous, vexatious
or not made in good faith;
(c) whether the subject matter of the complaint is
trivial;
(d) whether the subject matter of the complaint is
able to be resolved by conciliation;
(e) whether there was or is an alternative and
satisfactory means of redress available to the
complainant;
(f) whether the subject matter of the complaint is
being, is to be, or has been, dealt with in other
proceedings;
(g) any other matter the Commissioner considers
appropriate.
(3) The Commissioner may
(a) direct any police officer to
(i) assist in the investigation of a
complaint; and
(ii) provide any information or document or
answer any question for the purpose of
the investigation; and
(b) conduct the investigation in any manner the
Commissioner considers appropriate.
Determination of complaints
47. (1) At any time during an investigation of a
complaint, the Commissioner may resolve the complaint
by conciliation.
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(2) On completion of an investigation of a complaint,
the Commissioner may determine to take any action under
section 43(3) if satisfied that a breach of a provision of the
code of conduct has occurred.
(3) The Commissioner, by notice in writing, is to
notify the determination to
(a) the complainant if the complainant is
identifiable; and
(b) the police officer who is the subject of the
complaint if the police officer is informed of
the complaint.
(4) A termination of appointment or demotion as a
result of action taken under section 43(3) takes effect on
service of the notice under section 43(9).
Division 3 Integrity tests and financial statements
Integrity tests
48. (1) The Commissioner may conduct, or require an
authorised person to conduct, a test of the integrity of a
police officer if there are reasonable grounds to suspect
that the police officer has engaged in, or is engaging in, or
is likely to engage in, conduct that
(a) may constitute an indictable offence or any
other offence punishable by imprisonment; or
(b) is corrupt or seriously unethical.
(2) An integrity test may only involve an act or
omission that, but for subsection (3), would be unlawful
if
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2003 Police Service No. s. 49
(a) it is reasonably necessary for the conduct of
the integrity test; and
(b) it is authorised by a magistrate.
(3) Despite any other Act or law to the contrary and
subject to subsection (2), any act done or omission made in
conducting an integrity test is lawful.
(4) The Commissioner may issue a certificate stating
that on a specified date or during a specified period a
specified person was authorised to conduct or participate
in an integrity test involving a specified act or specified
omission.
(5) An authorisation under subsection (2) or a
certificate issued under subsection (4)
(a) is admissible in any legal proceedings; and
(b) is evidence of the matters specified in the
authorisation or certificate.
Financial statements
49. (1) The Commissioner may require a police officer to
provide a financial statement if there are reasonable
grounds to suspect that the police officer has engaged in,
or is engaging in, or is likely to engage in, conduct that
(a) may constitute an indictable offence or any
other offence punishable by imprisonment; or
(b) is corrupt or seriously unethical.
(2) The Commissioner
(a) for the purpose of allocating duties may
require a police officer to provide a financial
statement; and
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s. 50 No. Police Service 2003
(b) is to cause to be published in the Police
Manual a list of duties to which this
subsection applies.
(3) A financial statement is to include details of
(a) assets and liabilities; and
(b) income and expenditure.
(4) The Commissioner is to ensure that a financial
statement provided under subsection (1) or (2)
(a) is only used for the purposes of this Act; and
(b) is kept confidential, secure and in accordance
with directions issued by the Commissioner.
Division 4 Alcohol and drugs
Testing for alcohol and drugs
50. (1) The Commissioner or an authorised person,
whether or not there is any suspicion that a police officer
has recently consumed any alcohol or taken any drug, may
require the police officer while on duty, reporting for duty,
on standby or on availability to do any or all of the
following:
(a) undergo a breath test or submit to a breath
analysis for testing for the presence of any
alcohol or drug;
(b) provide a sample of urine or saliva for testing
for the presence of any alcohol or drug;
(c) with the consent of the police officer, permit a
blood sample to be taken by a qualified person
for testing for the presence of any alcohol or
drug.
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2003 Police Service No. s. 50
(2) If an incident involving a police officer while
discharging the duties of a police officer occurs in which a
person is killed or seriously injured, the Commissioner or
an authorised person may require any police officer
involved in the incident to
(a) undergo a breath test or submit to a breath
analysis for testing for the presence of any
alcohol or drug; or
(b) provide a sample of urine or saliva for testing
for the presence of any alcohol or drug; or
(c) with the consent of the police officer, permit a
sample of blood to be taken by a qualified
person for testing for the presence of any
alcohol or drug.
(3) If a police officer attends, or is admitted to, a
hospital for examination or treatment because of an
incident referred to in subsection (2), the Commissioner or
an authorised person may require a sample of blood from
the police officer to be taken by a qualified person at the
hospital if the police officer
(a) is unable to undergo a breath test or submit to
a breath analysis; or
(b) is unable to provide a sample of urine or
saliva; or
(c) is unable to consent to the taking of a sample
of blood.
(4) The taking of a sample of urine or saliva from a
police officer under subsection (1) or (2) is to be carried
out
(a) by an authorised person; and
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s. 51 No. Police Service 2003
(b) in accordance with any directions issued by
the Commissioner.
(5) The taking of a sample of blood is to be carried
out in accordance with any directions issued by the
Commissioner.
(6) A sample of urine, saliva or blood taken from a
police officer under this section is to be divided into 3
approximately equal parts with one part to be analysed,
one part to be the control sample and one part to be
provided to the police officer if requested.
(7) The Commissioner or the police officer from
whom a sample is taken may request that the control
sample be analysed.
(8) Any sample taken or provided under this section
may only be used for the purpose for which it was taken or
provided.
(9) A certificate relating to the analysis of a sample
provided under this section is evidence of the facts
contained in that certificate.
Directions
51. (1) The Commissioner may issue directions to police
officers relating to the following:
(a) the consumption, and presence in the body, of
alcohol or drugs while on duty, reporting for
duty, on standby or on availability;
(b) the consequences of a positive test for alcohol
or drugs;
(c) the follow-up testing of a police officer who has
tested positive for alcohol or drugs;
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2003 Police Service No. s. 52
(d) the procedures for rehabilitation;
(e) any other matter the Commissioner considers
appropriate.
(2) The Commissioner must issue directions to
police officers relating to
(a) the confidentiality of
(i) any test or sample taken or given under
section 50; and
(ii) any certificate relating to the analysis of
a sample; and
(b) the security and safekeeping of samples taken
or given under section 50.
Part applies to Commissioner
52. This Part applies to the Commissioner as a police
officer and any reference in this Part to the Commissioner
is taken to be a reference to the Minister in its application
to the Commissioner.
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PART 4 REVIEWS
Division 1 Police Review Board
Establishment of Police Review Board
53. (1) There is established a Police Review Board.
(2) The Police Review Board consists of 5 members
with the appropriate skills and experience appointed by
the Minister after consultation with the Commissioner
and the Police Association of Tasmania.
(3) The Minister is to appoint one of the members as
chairperson.
(4) Schedule 2 has effect in respect of membership of
the Police Review Board.
General functions and powers of Police Review
Board
54. (1) The Police Review Board must determine
applications for review in respect of
(a) promotions, demotions and terminations
under this Act; and
(b) other matters specified in section 65.
(2) The Police Review Board has power to do
anything necessary or convenient to perform its functions.
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2003 Police Service No. s. 55
Division 2 Reviews relating to promotions
Application for review relating to promotion
55. (1) A non-commissioned police officer, other than a
special constable, may apply to the Police Review Board
for a review of a decision relating to a promotion to a rank
below the rank of commander if the police officer applied
for that rank and is qualified for promotion to that rank.
(2) An application for a review under subsection (1)
may be made on either or both of the following grounds:
(a) that the applicant is of superior merit to the
person to be promoted;
(b) that there was an irregularity in the
procedures relating to the process that
affected the decision.
Constitution of Police Review Board for review
relating to promotion
56. (1) Within 14 days after receipt of an application for a
review relating to a promotion, the chairperson is to
determine the constitution of the Police Review Board
relating to that review.
(2) The Police Review Board constituted under
subsection (1) is to include the chairperson and at least 2
other members of the Police Review Board.
Attendance at review relating to promotion
57. The Commissioner must make available to the Police
Review Board any one or more of the following persons:
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s. 58 No. Police Service 2003
(a) the chairperson of the Promotion Selection
Committee involved in the promotion or,
subject to the approval of the Police Review
Board, a member or members of the relevant
Promotion Selection Committee;
(b) the person to be promoted;
(c) the person applying for the review;
(d) any police officer required or summoned to
attend the review.
Determination relating to promotion to rank below
inspector
58. (1) After conducting a review relating to a promotion
below the rank of inspector under section 55(2)(a), the
Police Review Board may
(a) confirm the promotion; or
(b) direct that the applicant for the review be
promoted.
(2) After conducting a review relating to a promotion
below the rank of inspector under section 55(2)(b), the
Police Review Board, if it determines that there was an
irregularity in the procedures relating to the process that
affected the decision, must refer the matter to the
Commissioner for reconsideration as the Police Review
Board specifies.
(3) If the Police Review Board refers a matter to the
Commissioner under subsection (2), the Commissioner, by
notice in writing, must notify the action taken as a result
of the referral to
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2003 Police Service No. s. 59
(a) the person originally intended to be promoted;
and
(b) the applicant for the review; and
(c) the Police Review Board.
(4) The determination of the Police Review Board is
final.
Determination relating to promotion to rank of
inspector
59. (1) After conducting a review relating to a promotion
to the rank of inspector under section 55(2)(a), the Police
Review Board may
(a) confirm the promotion; or
(b) direct the Commissioner to recommend to the
Minister that the applicant be promoted to the
rank of inspector in accordance with
section 11.
(2) On receipt of the Commissioner's
recommendation, the Minister is to recommend to the
Governor according to that recommendation.
(3) The Governor, on receipt of the Minister's
recommendation, may act according to the
recommendation.
(4) After conducting a review relating to a promotion
to the rank of inspector under section 55(2)(b), the Police
Review Board, if it determines that there was an
irregularity in the procedures relating to the process that
affected the decision, must refer the matter to the
Commissioner for reconsideration as the Police Review
Board specifies.
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s. 60 No. Police Service 2003
(5) If the Police Review Board refers a matter to the
Commissioner under subsection (4), the Commissioner, by
notice in writing, must notify the action taken as a result
of the referral to
(a) the person originally intended to be promoted;
and
(b) the applicant for the review; and
(c) the Police Review Board.
(6) The determination of the Police Review Board is
final.
Division 3 Reviews relating to terminations and
demotions
Application for review relating to termination or
demotion
60. (1) A police officer, other than the Commissioner, the
Deputy Commissioner, an Assistant Commissioner or a
special constable, may apply to the Police Review Board
for a review of a decision relating to
(a) the termination of his or her appointment; or
(b) his or her demotion.
(2) An application for a review under subsection (1)
may be made on any or all of the following grounds:
(a) that there was an irregularity in the
procedures relating to the process that
affected the decision;
(b) that new information has become available;
(c) that the termination or demotion was unfair;
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2003 Police Service No. s. 61
(d) that the reason for the termination or
demotion was invalid.
Constitution of Police Review Board for review
relating to termination or demotion
61. (1) Within 14 days after receipt of an application for a
review relating to termination or demotion, the
chairperson is to determine the constitution of the Police
Review Board relating to that review.
(2) The Police Review Board constituted under
subsection (1) is to include the chairperson and at least 2
other members of the Police Review Board.
Attendance at review relating to termination or
demotion
62. The Commissioner must make available to the Police
Review Board any one or more of the following persons:
(a) the person who has been demoted;
(b) any police officer required or summoned to
attend the review.
Determination relating to termination or demotion
of commissioned police officer
63. (1) After conducting a review in relation to a
termination of appointment of a commissioned police
officer, the Police Review Board
(a) may confirm the termination; or
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s. 63 No. Police Service 2003
(b) must refer the matter to the Commissioner for
reconsideration of the recommendation to
terminate if it determines that
(i) there was an irregularity in the
procedures relating to the process that
affected the recommendation; or
(ii) new information has become available;
or
(c) may direct the Commissioner to recommend to
the Minister that the applicant be
(i) reinstated to the rank held before the
termination with the remuneration and
allowances at the same rate or less as
specified by the Police Review Board; or
(ii) reappointed to a lower rank with the
remuneration and allowances relevant
to that rank and as specified by the
Police Review Board.
(2) After conducting a review in relation to the
demotion of a commissioned police officer, the Police
Review Board
(a) may confirm the demotion; or
(b) must refer the matter to the Commissioner for
reconsideration of the recommendation to
demote if it determines that
(i) there was an irregularity in the
procedures relating to the process that
affected the recommendation; or
(ii) new information has become available;
or
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2003 Police Service No. s. 64
(c) may direct the Commissioner to recommend to
the Minister that the applicant be reinstated
to the rank held before the demotion with the
remuneration and allowances at the same rate
or less as specified by the Police Review Board.
(3) On receipt of the Commissioner's
recommendation under subsection (1)(c) or
subsection (2)(c), the Minister is to recommend to the
Governor according to that recommendation.
(4) The Governor, on receipt of the Minister's
recommendation, may act according to that
recommendation.
(5) If the Police Review Board refers a matter to the
Commissioner under subsection (1)(b) or subsection (2)(b),
the Commissioner, by notice in writing, is to notify the
recommendation made as a result of the referral to
(a) the applicant for the review; and
(b) the Police Review Board.
(6) If a person is reinstated or reappointed as a
police officer, the person is taken to have continued in
service as a police officer during any period of termination.
Determination relating to termination or demotion
of non-commissioned police officer
64. (1) After conducting a review in relation to the
termination of appointment of a non-commissioned police
officer, the Police Review Board
(a) may confirm the termination; or
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s. 64 No. Police Service 2003
(b) must refer the matter to the Commissioner for
reconsideration of the determination to
terminate if it determines that
(i) there was an irregularity in the
procedures relating to the process that
affected the determination; or
(ii) new information has become available;
or
(c) may direct the Commissioner to
(i) reinstate the applicant to the rank held
before the termination with the
remuneration and allowances at the
same rate or less as specified by the
Police Review Board; or
(ii) reappoint the applicant to a lower rank
with the remuneration and allowances
relevant to that rank and as specified by
the Police Review Board.
(2) After conducting a review in relation to the
demotion of a non-commissioned police officer, the Police
Review Board
(a) may confirm the demotion; or
(b) must refer the matter to the Commissioner for
reconsideration of the determination to
demote if it determines that
(i) there was an irregularity in the
procedures relating to the process that
affected the determination; or
(ii) new information has become available;
or
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2003 Police Service No. s. 65
(c) may direct the Commissioner to reinstate the
applicant to the rank held before the demotion
with the remuneration and allowances at the
same rate or less as specified by the Police
Review Board.
(3) If the Police Review Board refers a matter to the
Commissioner under subsection (1)(b) or subsection (2)(b),
the Commissioner, by notice in writing, is to notify the
determination made as a result of the referral to
(a) the applicant for the review; and
(b) the Police Review Board.
(4) If a person is reinstated or reappointed as a
police officer, the person is taken to have continued in
service as a police officer during any period of termination.
Division 4 Reviews relating to other matters
Application for review relating to other matters
65. (1) A police officer, other than the Commissioner, the
Deputy Commissioner, an Assistant Commissioner or a
special constable, may apply to the Police Review Board
for a review of a decision, direction, determination, action
or requirement by the Commissioner relating to
(a) a reduction of remuneration under
section 29(4)(c) or section 43(3)(d); or
(b) a suspension of remuneration or allowances
under section 41(a); or
(c) a fine imposed under section 43(3)(c); or
(d) the payment of costs under section 87(1).
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s. 66 No. Police Service 2003
(2) An application for a review under subsection (1)
may be made on any or all of the following grounds:
(a) that there was an irregularity in the
procedures relating to the process that
affected the decision;
(b) that new information has become available;
(c) that the reduction of remuneration, the
suspension of remuneration or allowances, the
imposition of a fine or the requirement to pay
costs was unfair;
(d) that the reason for the reduction, suspension,
fine or requirement to pay costs was invalid.
Constitution of Police Review Board for review
relating to other matters
66. (1) Within 14 days after receipt of an application for a
review relating to other matters, the chairperson is to
determine the constitution of the Police Review Board
relating to that review.
(2) If the applicant is entitled to be represented by a
legal practitioner under section 71, the Police Review
Board constituted under subsection (1) is to include the
chairperson and at least 2 other members of the Police
Review Board.
Attendance at review relating to other matters
67. The Commissioner must make available to the Police
Review Board any one or more of the following persons:
(a) the applicant for the review;
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2003 Police Service No. s. 68
(b) any police officer required or summoned to
attend the review.
Determination relating to other matters
68. (1) After conducting a review under this Division, the
Police Review Board
(a) may, in the case of an application under
section 65(1)(a), direct that the reduction of
remuneration remain as originally directed or
be reduced, increased or cancelled; or
(b) may, in the case of an application under
section 65(1)(b), direct that the suspension of
remuneration or allowances remain as
originally determined or be cancelled; or
(c) may, in the case of an application under
section 65(1)(c), direct that the fine remain as
originally imposed or be reduced, increased or
cancelled; or
(d) may, in the case of an application under
section 65(1)(d), direct that the requirement to
pay costs remain as originally determined or
be cancelled or that the amount of the costs be
reduced or increased; or
(e) must refer the matter to the Commissioner for
reconsideration if it determines that
(i) there was an irregularity in the
procedures relating to the process that
affected the decision; or
(ii) new information has become available.
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(2) If the Police Review Board refers a matter to the
Commissioner under subsection (1)(e), the Commissioner,
by notice in writing, must notify the action taken as a
result of the referral to
(a) the applicant for the review; and
(b) the Police Review Board.
Division 5 General provisions
Applications
69. (1) An application for a review must be
(a) made in writing stating the grounds on which
it is made; and
(b) for a review relating to promotion, lodged with
the Police Review Board within 14 days of
publication of the notice under section 19; and
(c) for any other review, lodged with the Police
Review Board within 14 days after service of a
notice in respect of the subject matter of the
review.
(2) An applicant must provide the Commissioner
with a copy of the application within 3 days after lodging
the application.
(3) The Police Review Board may extend the period
in which an application is to be made if satisfied that
exceptional circumstances exist.
(4) An applicant may withdraw an application for a
review.
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Attendance by persons
70. (1) The Police Review Board may require or summon
a person to attend a review.
(2) The applicant for a review or the Commissioner
may request the Police Review Board to require or
summon a person to attend a review.
(3) A summons must be made by notice in writing
served on a person requiring that person to attend to do
any one or more of the following:
(a) give evidence;
(b) produce documents;
(c) produce records.
(4) The summons must specify the following:
(a) the name of the person on whom it is to be
served;
(b) the time and place at which the person is
required to attend;
(c) any document or record the Police Review
Board requires the person to produce;
(d) any other matter the Police Review Board
determines.
(5) The Police Review Board may direct a person
required to attend a review to do any one or more of the
following:
(a) give evidence;
(b) produce documents;
(c) produce records.
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(6) A person summoned or required to attend must
not
(a) without reasonable excuse, fail to attend the
proceedings; or
(b) refuse to answer any question put by the
Police Review Board; or
(c) give an answer that to his or her knowledge is
false or misleading; or
(d) without reasonable excuse, fail to produce any
document or record specified in the notice or
as required.
Penalty: Fine not exceeding 20 penalty units.
(7) Any evidence given under this section is not
admissible in any legal proceedings other than
proceedings under this Act.
Representation
71. (1) In a review relating to the termination of
appointment or demotion, the applicant may be
represented by a legal practitioner.
(2) In a review relating to a reduction of
remuneration, the applicant
(a) may be represented by a legal practitioner if
the reduction is the equivalent of 10 penalty
units or more; or
(b) may be represented by a person other than a
legal practitioner if the reduction is less than
the equivalent of 10 penalty units.
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2003 Police Service No. s. 72
(3) In a review relating to a suspension of
remuneration or allowances, the applicant
(a) may be represented by a legal practitioner if
the remuneration or allowances suspended are
the equivalent of 10 penalty units or more; or
(b) may be represented by a person other than a
legal practitioner if the remuneration or
allowances suspended are less than the
equivalent of 10 penalty units.
(4) In a review relating to a fine, the applicant
(a) may be represented by a legal practitioner if
the fine is 10 penalty units or more; or
(b) may be represented by a person other than a
legal practitioner if the fine is less than 10
penalty units.
(5) In a review relating to the requirement to pay
the cost relating to the loss or damage to equipment, the
applicant
(a) may be represented by a legal practitioner if
the cost is the equivalent of 10 penalty units
or more; or
(b) may be represented by a person other than a
legal practitioner if the cost is less than the
equivalent of 10 penalty units.
Attendance by Commissioner
72. (1) The Commissioner or a person authorised by the
Commissioner is to attend any proceedings relating to a
review under this Part.
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s. 73 No. Police Service 2003
(2) If a police officer is not entitled to be represented
by a legal practitioner at the review, the Commissioner
must not authorise a legal practitioner under
subsection (1) to attend proceedings relating to that
review.
Remuneration and allowances
73. (1) The applicant for a review and any other police
officer required or summoned to attend before the Police
Review Board are entitled to be paid as specified in the
Police Award or in the instrument of appointment.
(2) A person who is not a police officer and who is
required or summoned to attend before the Police Review
Board is entitled to be paid any reasonable allowances,
expenses and remuneration as the Police Review Board
determines.
Documents
74. (1) The Police Review Board may require
(a) the applicant to lodge further documents or
records within a specified period after the
application is lodged; or
(b) any other person to lodge any documents or
records within a specified period.
(2) An application lapses if the applicant fails to
comply with a requirement under subsection (1)(a).
(3) The Police Review Board may extend the period
in which documents or records are required to be lodged
under subsection (1) if satisfied that exceptional
circumstances exist.
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2003 Police Service No. s. 75
Conduct of review
75. (1) The rules of evidence do not apply to a review and
the Police Review Board may be informed on any matter
in any way it considers appropriate.
(2) The Police Review Board, by notice in writing,
must notify its determination to
(a) for a review relating to a promotion, the
person originally intended to be promoted; and
(b) the applicant for the review; and
(c) the Commissioner.
Proceedings closed to public
76. Any proceedings of the Police Review Board in the
conduct of a review under this Part are closed to the public
unless the Police Review Board determines that it is in the
public interest to open the proceedings to the public.
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PART 5 OFFENCES
Bribery
77. (1) A person must not directly or indirectly offer a
bribe to, or make an agreement with, a police officer
(a) for the police officer to neglect his or her
duties; or
(b) to influence the police officer in the
performance of any of his or her duties.
Penalty: Fine not exceeding 20 penalty units, or
imprisonment for a term not exceeding 2
years, or both.
(2) A police officer must not take or solicit directly or
indirectly a bribe from, or make an agreement with,
another police officer or any person
(a) to neglect his or her duties; or
(b) to influence the performance of any of his or
her duties.
Penalty: Fine not exceeding 20 penalty units or
imprisonment for a term not exceeding 2
years, or both.
Impersonation
78. A person who is not a police officer must not do any of
the following without lawful excuse or the approval of the
Commissioner:
(a) wear or have in possession a police uniform or
any part of a police uniform;
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2003 Police Service No. s. 79
(b) wear or have in possession any uniform or
badge that resembles, or is likely to be
perceived as, a police uniform or badge;
(c) wear any head dress that incorporates a
chequered cap band that is the same as or
similar to that worn as part of a police
uniform;
(d) impersonate or represent himself or herself as
a police officer;
(e) use the designation of police officer or any
rank in the Police Service in connection with
any business, occupation or employment;
(f) have in possession any arms or ammunition or
other equipment supplied to any police officer;
(g) have in possession any document issued for
the use of the Police Service.
Penalty: Fine not exceeding 20 penalty units or a
term of imprisonment not exceeding 2
years, or both.
Failing to assist police officer
79. A person of 18 years of age or more, without lawful
excuse, must not fail to assist a police officer when
required to do so by the police officer.
Penalty: Fine not exceeding 20 penalty units.
Names and addresses
80. (1) A police officer who becomes aware, or has
reasonable grounds for believing, that a person has
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committed or is committing an offence under section 77(1),
78 or 79 may require the person to state his or her name
and address.
(2) A person must not
(a) fail or refuse to comply with the requirement;
or
(b) give a name or address that is false.
Penalty: Fine not exceeding 20 penalty units or a
term of imprisonment not exceeding 2
years, or both.
(3) A police officer may arrest without a warrant a
person who
(a) fails or refuses to comply with the
requirement; or
(b) gives a name or address that the police officer
reasonably believes is false.
False or misleading statements
81. (1) A person, in making an application for
appointment or promotion or providing any information
relating to the application, must not
(a) make a statement knowing it to be false or
misleading; or
(b) omit any matter knowing that without that
matter the application or information is
misleading.
Penalty: Fine not exceeding 20 penalty units.
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2003 Police Service No. s. 82
(2) If a person commits an offence under
subsection (1) and is, or subsequently becomes, a police
officer, the Commissioner may take any action referred to
in section 43(3) the Commissioner considers appropriate.
Return of equipment
82. (1) On ceasing to be a police officer, a person must
return to an authorised person, within any period
specified by the Commissioner, all items of equipment,
clothing, firearms or ammunition issued to the person as a
police officer, unless the Commissioner determines
otherwise.
Penalty: Fine not exceeding 20 penalty units or
imprisonment for a term not exceeding 3
months, or both.
(2) The Commissioner may apply to a justice for a
warrant to
(a) enter and search any place; and
(b) seize any item found in the place that is
required to be returned under subsection (1).
(3) A justice may issue a warrant if satisfied that
there are reasonable grounds for believing that there is on
or in any place any item that is required to be returned
under subsection (1).
(4) A warrant is to authorise a police officer
(a) to enter and search the place specified in the
warrant; and
(b) to seize any item that the police officer
reasonably believes is required to be returned
under subsection (1).
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(5) A warrant is to specify the date on which, and
time by which, the warrant ceases to have effect.
(6) If the occupier of the place is not present or
refuses permission, the police officer may
(a) proceed to execute the warrant using any
reasonable force necessary; and
(b) do anything reasonably required to execute
the warrant.
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2003 Police Service No. s. 83
PART 6 MISCELLANEOUS
Police powers
83. A police officer has the powers, privileges and duties
of a constable at common law or under any other Act or
law.
Protection from liability for police officers
84. (1) A police officer does not incur any personal
liability for any act or omission done or made in good faith
in the exercise or performance, or purported exercise or
performance, of any powers or duties at common law or
under this or any other Act or law.
(2) A liability that, but for subsection (1), would lie
against a police officer, lies against the Crown.
Immunity in relation to police dogs
85. (1) A police-dog handler who enters, or is on or in, a
particular place in the performance of his or her duties as
a police officer, may do so accompanied by a police dog.
(2) A police-dog handler or any other police officer
accompanying the police-dog handler acting under
subsection (1) does not incur any personal liability for any
injury or damage arising from the presence of a police dog.
(3) A liability that, but for subsection (2), would lie
against a police-dog handler or any other police officer lies
against the Crown.
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Protection from liability for other persons
86. (1) A person who, at the request, and under the
direction of a police officer, assists the police officer does
not incur any personal liability for any act or omission
done or made in good faith.
(2) A liability that would, but for subsection (1), lie
against a person assisting a police officer lies against the
Crown.
Liability for lost or damaged equipment
87. (1) A police officer or a person who has ceased to be a
police officer who has lost or damaged any equipment
issued to him or her
(a) must report that loss or damage; and
(b) is liable for that loss or damage if unable to
account satisfactorily to the Commissioner for
that loss or damage.
(2) If a liability arises under subsection (1), the
Commissioner, by notice in writing, is to inform the police
officer or person of
(a) the costs to be paid in respect of the loss or
damage; and
(b) the method of payment; and
(c) the period within which the payment must be
made.
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2003 Police Service No. s. 88
Application to trainees and junior constables
88. The following provisions apply to a trainee and a
junior constable as if he or she were a non-commissioned
police officer:
(a) Division 5 of Part 2;
(b) sections 38, 39, 40 and 41;
(c) Part 3;
(d) section 57;
(e) Division 3 of Part 4 in relation to a
termination of appointment under
section 43(3)(i);
(f) Division 4 of Part 4 in relation to a fine
imposed under section 43(3)(c) or a reduction
of remuneration under section 43(3)(d);
(g) Division 5 of Part 4;
(h) Part 5, except sections 79, 80 and 82(4);
(i) this Part, except sections 83 and 95.
Industrial Relations Act 1984: application
89. (1) The Industrial Relations Act 1984 applies in
respect of non-commissioned police officers, other than
special constables, and inspectors in relation to an
industrial matter within the meaning of that Act except
(a) any matter which is reviewable or has been
determined by the Police Review Board; or
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(b) any act or omission of the Commissioner in
respect of a particular non-commissioned
police officer or a particular inspector under
(i) section 29; or
(ii) sections 38 and 40; or
(iii) Part 3; or
(c) any act or omission under Divisions 3 and 4 of
Part 2.
(2) The Industrial Relations Act 1984 applies in
respect of trainees and junior constables in relation to an
industrial matter within the meaning of that Act except
(a) any matter which is reviewable or has been
determined by the Police Review Board; or
(b) any act or omission of the Commissioner in
respect of a particular trainee or a particular
junior constable under
(i) section 15; or
(ii) section 29; or
(iii) sections 38 and 40; or
(iv) Part 3.
Sale of goods
90. (1) The Commissioner may authorise the sale or other
disposal of any goods or chattels that
(a) have come into the possession of a police
officer in the course of his or her duties; and
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2003 Police Service No. s. 91
(b) remain unclaimed for a period of at least 3
months or, in the case of perishable goods, 5
days by a person with a legal right to those
goods or chattels; and
(c) are not capable of being sold or disposed of
under any other Act.
(2) Before authorising the sale or other disposal of
any goods or chattels that are not perishable goods, the
Commissioner must publish that intention in a
newspaper.
(3) A sale or other disposal under this section is
valid against all persons and a claim does not lie for any
compensation in relation to that sale or disposal.
(4) The proceeds of any sale or other disposal are to
be paid into the Consolidated Fund.
Additional leave
91. The Commissioner, in addition to any prescribed leave
or leave specified in the Police Award or in an instrument
of appointment, may grant leave for a specified period to a
police officer, with or without pay, as follows:
(a) additional sick leave for ex-service persons;
(b) leave for defence purposes other than that
required by Commonwealth law;
(c) leave due to injury sustained or illness
contracted in the course of carrying out duties;
(d) leave for any other reason the Commissioner
considers appropriate.
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Powers and duties during leave
92. The Commissioner may direct that a police officer not
exercise any power or perform any duty of a police officer
during any period of leave.
Police Manual
93. (1) The Commissioner must cause a document known
as the Police Manual to be published.
(2) The Police Manual is to contain
(a) any orders, directions, procedures and
instructions issued by the Commissioner as
the Commissioner considers appropriate; and
(b) any other matter the Commissioner considers
appropriate.
Police Gazette
94. (1) The Commissioner must cause a document known
as the Police Gazette to be published at any intervals the
Commissioner determines.
(2) The Police Gazette is to contain appointments,
notices and any other matters the Commissioner considers
appropriate.
Evidence of appointment or rank
95. (1) The Commissioner may certify in writing that a
specified person at a specified date or during a specified
period
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2003 Police Service No. s. 96
(a) was or was not a police officer; or
(b) was or was not the holder of a specified rank.
(2) A certificate under subsection (1) is evidence of
the facts contained in it.
(3) If a question arises as to a person's identity as a
police officer, or to a person's entitlement to exercise the
powers or to perform the duties of a police officer
(a) the general reputation of the person who is a
police officer as being a police officer is
evidence of that identity and entitlement; and
(b) the absence of, or failure to produce, any
written evidence to establish that identity or
entitlement does not prejudice or otherwise
affect the exercise of the powers or the
performance of the duties by the person who is
a police officer.
Fee for services
96. (1) The Commissioner may arrange for a copy of any
document or information relating to the Police Service to
be provided to a person on request and payment of any fee
the Commissioner considers appropriate.
(2) The Commissioner may determine
(a) whether a fee is required for any service
provided by a police officer; and
(b) the amount of that fee.
(3) The Commissioner may recover an amount
payable under this section as a debt in a court of
competent jurisdiction.
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(4) This section does not apply to a service in respect
of which payment of a fee is prescribed under any other
Act.
Police Pipe Band
97. (1) There is established a Police Pipe Band consisting
of
(a) police officers; and
(b) any other persons the Commissioner
determines.
(2) The Commissioner may determine the
ceremonial or other functions of the Police Pipe Band.
(3) A member of the Police Pipe Band who is not a
police officer may wear a police uniform while performing
ceremonial or other functions of the Police Pipe Band.
Regulations
98. (1) The Governor may make regulations for the
purposes of this Act.
(2) Regulations may be made in respect of
(a) sick leave; and
(b) the establishment and operation of a sick
leave bank scheme; and
(c) recreation leave.
(3) Regulations may be made so as to apply
differently according to any matter, condition, limitation,
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2003 Police Service No. s. 99
restriction, exception or circumstance specified in the
regulations.
(4) The regulations may authorise any matter to be
from time to time determined, applied or regulated by the
Commissioner.
(5) The regulations may be of a savings or
transitional nature consequent on the enactment of this
Act.
(6) Regulations under subsection (5) may take effect
from the commencement of this Act or on a later day.
Savings and transitional provisions
99. The savings and transitional provisions set out in
Schedule 3 have effect.
Administration of Act
100. Until provision is made in relation to this Act by
order under section 4 of the Administrative Arrangements
Act 1990
(a) the administration of this Act is assigned to
the Minister for Police and Public Safety; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Police and Public Safety.
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Police Regulation Act 1898 repealed
101. The Police Regulation Act 1898 is repealed and any
Statutory Rules made under that Act are rescinded or
revoked.
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2003 Police Service No. sch. 1
SCHEDULE 1 OATHS AND AFFIRMATIONS
Section 36
PART 1 SPECIAL CONSTABLE OATH
I, (name), swear that I will faithfully execute the office of
special constable in Tasmania, and that to the best of my
power, without favour or affection, malice or ill-will, will
cause the peace to be kept and preserved and prevent all
offences against persons and properties in Tasmania, and
that to the best of my ability, skill and knowledge will
discharge all the duties of a special constable according to
law and subject to any restrictions determined by the
Commissioner. So help me God.
PART 2 SPECIAL CONSTABLE AFFIRMATION
I, (name), affirm that I will faithfully execute the office of
special constable in Tasmania, and that to the best of my
power, without favour or affection, malice or ill-will, will
cause the peace to be kept and preserved and prevent all
offences against persons and properties in Tasmania, and
that to the best of my ability, skill and knowledge will
discharge all the duties of a special constable according to
law and subject to any restrictions determined by the
Commissioner.
PART 3 POLICE OFFICER OATH
I, (name), swear that I will faithfully execute the office of
police officer in Tasmania, and that to the best of my
power, without favour or affection, malice or ill-will, will
cause the peace to be kept and preserved and prevent all
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sch. 1 No. Police Service 2003
offences against persons and properties in Tasmania, and
that to the best of my ability, skill and knowledge will
discharge all the duties of a police officer according to law.
So help me God.
PART 4 POLICE OFFICER AFFIRMATION
I, (name), affirm that I will faithfully execute the office of
police officer in Tasmania, and that to the best of my
power, without favour or affection, malice or ill-will, will
cause the peace to be kept and preserved and prevent all
offences against persons and properties in Tasmania, and
that to the best of my ability, skill and knowledge will
discharge all the duties of a police officer according to law.
PART 5 ANCILLARY CONSTABLE OATH
I, (name), swear that I will faithfully execute the office of
ancillary constable in Tasmania, and that to the best of
my power, without favour or affection, malice or ill-will
and to the best of my ability, skill and knowledge will
discharge all the duties of an ancillary constable according
to law and subject to any restrictions specified in my
instrument of appointment. So help me God.
PART 6 ANCILLARY CONSTABLE AFFIRMATION
I, (name), affirm that I will faithfully execute the office of
ancillary constable in Tasmania, and that to the best of
my power, without favour or affection, malice or ill-will
and to the best of my ability, skill and knowledge will
discharge all the duties of an ancillary constable according
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2003 Police Service No. sch. 1
to law and subject to any restrictions specified in my
instrument of appointment.
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sch. 2 No. Police Service 2003
SCHEDULE 2 MEMBERSHIP OF POLICE REVIEW
BOARD
Section 53(4)
Interpretation
1. In this Schedule, "member" means a member of the
Police Review Board and includes the chairperson.
Term of office
2. A member is to be appointed for a period of 4 years.
Holding other office
3. The holder of an office who is required under any Act to
devote the whole of his or her time to the duties of that
office is not disqualified from
(a) holding that office and also the office of a
member; or
(b) accepting any remuneration payable to a
member.
Remuneration of members
4. A member is entitled to be paid any remuneration,
allowances and expenses the Minister determines.
Vacation of office
5. (1) A member vacates office when the member
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2003 Police Service No. sch. 2
(a) dies; or
(b) resigns; or
(c) is removed from office under subclause (2) or
(3).
(2) The Minister may remove a member from office
if the member
(a) becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or
insolvent debtors, compounds with creditors or
makes an assignment of any part of the estate
for their benefit; or
(b) is convicted, in Tasmania or elsewhere, of a
crime or an offence that, in the opinion of the
Minister, justifies the removal; or
(c) is convicted of an offence against this Act.
(3) The Minister may remove a member from office
if satisfied that the member is unable to perform
adequately or competently the duties of office.
Filling of vacancies
6. If the office of the chairperson or another member
becomes vacant, the Minister may appoint a suitable
person to the vacant office for the remainder of the term of
office.
Validity of proceedings
7. (1) An act or proceeding of the Police Review Board or
of a person acting under the direction of the Police Review
Board is not invalid by reason only that at the time when
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the act or proceeding was done, taken or commenced there
was a vacancy in the membership of the Police Review
Board.
(2) An act or proceeding of the Police Review Board
or of a person acting under the direction of the Police
Review Board is valid even if
(a) the appointment of a member was defective; or
(b) a person appointed as a member was
disqualified from acting as, or was incapable of
being, a member.
Presumptions
8. In any proceedings by or against the Police Review
Board, unless evidence is given to the contrary, proof is
not required of
(a) the constitution of the Police Review Board; or
(b) the appointment of any member.
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SCHEDULE 3 SAVINGS AND TRANSITIONAL
Section 99
Interpretation
1. In this Schedule
"commencement day" means the day on which
this Act commences;
"repealed Act" means the Police Regulation Act
1898.
Commissioner
2. A person who, immediately before the commencement
day, was the Commissioner of Police appointed under the
repealed Act is, on that day, the Commissioner of Police
under this Act subject to the same terms and conditions
specified in the instrument of appointment.
Deputy Commissioner
3. A person who, immediately before the commencement
day, was the Deputy-Commissioner under the repealed
Act is, on that day, the Deputy Commissioner under this
Act subject to the same terms and conditions specified in
the instrument of appointment.
Assistant Commissioner
4. A person who, immediately before the commencement
day, was an Assistant Commissioner under the repealed
Act is, on that day, an Assistant Commissioner under this
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Act subject to the same terms and conditions specified in
the instrument of appointment.
Superintendents
5. A person who, immediately before the commencement
day, was a superintendent under the repealed Act is, on
that day, a police officer with the rank of commander
under this Act subject to the same terms and conditions
specified in the instrument of appointment.
Inspectors
6. A person who, immediately before the commencement
day, was an inspector under the repealed Act is, on that
day, a police officer with the rank of inspector under this
Act and remains subject to the terms and conditions of the
Police Award.
Sergeants
7. A person who, immediately before the commencement
day, was a sergeant under the repealed Act is, on that day,
a police officer with the rank of sergeant under this Act
and
(a) if under an instrument of appointment, is
subject to the same terms and conditions
specified in that instrument; or
(b) if not under an instrument of appointment,
remains subject to the terms and conditions of
the Police Award.
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Constables
8. A person who, immediately before the commencement
day was a constable under the repealed Act is, on that day,
a police officer with the rank of constable under this Act
and
(a) if under an instrument of appointment, is
subject to the same terms and conditions
specified in that instrument; or
(b) if not under an instrument of appointment,
remains subject to the terms and conditions of
the Police Award.
Special constables
9. A person who, immediately before the commencement
day, was a special constable under the repealed Act is, on
that day, an ancillary constable under this Act.
Cadets
10. A person who, immediately before the commencement
day, was a cadet under the repealed Act is, on that day, a
trainee under this Act.
Oaths
11. (1) A person who, immediately before the
commencement day, was a police officer (other than a
special constable) and took the oath set out in Form 1 of
Schedule 2 to the repealed Act is, on that day, taken to
have taken the oath set out in Part 3 of Schedule 1 to this
Act.
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(2) A person who, immediately before the
commencement day, was a special constable and took the
oath set out in Form 2 of Schedule 2 to the repealed Act is,
on that day, taken to have taken the oath set out in Part 5
of Schedule 1 to this Act.
Proceedings
12. Any proceedings instituted but not determined under
the repealed Act before the commencement day may, on
and after that day, be determined under the repealed Act.
Appeals
13. An appeal made but not determined under the
repealed Act before the commencement day may, on and
after that day, be determined under the repealed Act as if
that Act had not been repealed.
Suspensions
14. A suspension imposed under the repealed Act that has
not expired before the commencement day continues, on
that day, until it is revoked by the Commissioner.
References to police force
15. Any reference in any document to the police force,
police force of Tasmania, Tasmania police force, Tasmania
Police or the Police Service is, on and after the
commencement day, to be read as a reference to the Police
Service.
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