AustLII Tasmanian Consolidated Acts

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POLICE SERVICE ACT 2003 - SECT 29

29. Inability to perform duties

(1) The Commissioner may determine that a police officer is unable to efficiently and effectively perform his or her duties because of –

(a) a mental illness within the meaning of the Mental Health Act 2013; 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 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;

(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) .  .  .  .  .  .  .  .  

(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 –

(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).



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