AustLII Tasmanian Consolidated Acts

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POLICE SERVICE ACT 2003 - SECT 63

63. Determination relating to termination or demotion of commissioned police officer

      (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

(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

(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.



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