POLICE ACT 1892 - SECT 23

POLICE ACT 1892 - SECT 23

23 .         Disciplinary offences, how they are dealt with

        (1)         The Commissioner, or an officer appointed by the Commissioner for the purpose, may examine on oath any member of the Police Force, police auxiliary officer, police cadet or Aboriginal police liaison officer upon a charge of an offence against the discipline of the Police Force being made against any member of the Force, police auxiliary officer, cadet or liaison officer.

        (2)         Where the member of the Force against whom the charge is alleged is an officer, an examination under this section shall be conducted by an officer of the rank of Chief Superintendent or above.

        (3)         The Commissioner or officer conducting an examination under this section shall have the same power to summon and examine witnesses and to administer oaths as a Justice.

        (4)         Where the Commissioner or officer conducting an examination under this section determines as a result of that examination that any other member of the Police Force or any police auxiliary officer, police cadet or Aboriginal police liaison officer has committed an offence against the discipline of the Police Force, he shall record that determination in writing and, subject to the provisions of subsection (5), may thereupon caution such member, police auxiliary officer, cadet or liaison officer or by order in writing impose on him one or more of the following punishments —

            (a)         a reprimand;

            (b)         a fine of not more than 3% of the annual base rate of pay of the member, police auxiliary officer, cadet or liaison officer;

            (c)         demotion;

            (d)         reduction in salary to a specified rate within the limits of salary fixed in relation to the office held by him;

            (e)         suspension from duty;

            (f)         discharge or dismissal from the Force or, in the case of a police auxiliary officer or Aboriginal police liaison officer, cancellation of his appointment.

        (5)         An order made under subsection (4) for demotion or reduction in salary, suspension from duty, discharge or for dismissal or cancellation of appointment, shall not have effect unless or until —

            (a)         in the case of a member who is not an officer, or of a police auxiliary officer, cadet or liaison officer, it is imposed or confirmed by the Commissioner; or

            (b)         in the case of an officer, it is confirmed by the Governor.

        (6)         An order made under subsection (4) which is subject to confirmation by the Governor shall not be submitted to the Governor for such confirmation unless or until —

            (a)         the time within which an appeal to the Board against the punishment, decision or finding to which the order relates may be made under this Act has elapsed and no such appeal has been instituted; or

            (b)         such an appeal to the Board has been instituted and has been determined by the Board in accordance with the provisions of this Act.

        (7)         A fine imposed on a person under this section may be recovered —

            (a)         by deducting the amount from the salary of the person as a single sum or by instalments, as the Commissioner decides; or

            (b)         as a debt due to the State in a court of competent jurisdiction.

        [Section 23 inserted: No. 6 of 1978 s. 7; amended: No. 7 of 2003 s. 5; No. 8 of 2008 s. 7; No. 42 of 2009 s. 6.]

[ 24-25.         Deleted: No. 6 of 1978 s. 7.]

[ 26.         Deleted: No. 25 of 1954 s. 6.]

[ 27.         Deleted: No. 28 of 2003 s. 156.]

[ 28.         Deleted: No. 6 of 1978 s. 8.]