{"id":"qld:sl-2016-0044","name":"Police Service Administration Regulation 2016","slug":"police-service-administration-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"44 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175192,"registerId":"qld-qld:sl-2016-0044-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Police Service Administration Regulation 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2016.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Oath and affirmation","content":"# Oath and affirmation","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Police officers","content":"## Police officers","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Oath of office— Act , s 3.3","content":"### sec.4 Oath of office— Act , s 3.3\n\nFor section 3.3 of the Act , the following oath is prescribed—\n‘I, [state full name], swear that, from this date until I am legally discharged—\nI will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law, as a police officer for the Queensland Police Service, with honour, diligence and integrity and with respect for human rights;\nI will protect life and property, preserve peace and good order, and prevent the commission of offences; and\nI will, to the best of my knowledge and skill, discharge my duties faithfully, without favour or affection, malice or ill will and according to law.\nSo help me God!’.\ns 4 amd 2022 Act No. 9 s 45\nsub 2024 SL No. 11 s 3","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Affirmation of office— Act , s 3.3","content":"### sec.5 Affirmation of office— Act , s 3.3\n\nFor section 3.3 of the Act , the following affirmation is prescribed—\n‘I, [state full name], solemnly, sincerely and truly affirm and declare that, from this date until I am legally discharged—\nI will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law, as a police officer for the Queensland Police Service, with honour, diligence and integrity and with respect for human rights;\nI will protect life and property, preserve peace and good order, and prevent the commission of offences; and\nI will, to the best of my knowledge and skill, discharge my duties faithfully, without favour or affection, malice or ill will and according to law.’.\ns 5 amd 2022 Act No. 9 s 46\nsub 2024 SL No. 11 s 3","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Oath or affirmation","content":"### sec.6 Oath or affirmation\n\nA person who must take, or make, and subscribe an oath or affirmation under section 3 .3 of the Act must do so before—\na justice; or\na justice of another State; or\nthe commissioner, an executive officer or a commissioned officer; or\na member of a police force or police service of another State who may under the law of that State—\nadminister an oath or affirmation for the appointment of a police officer or special constable for that State; or\nwitness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer or special constable for that State that has or in part has a similar purpose to an oath or affirmation stated in this part.\nAn engagement under the Police Act 1892 (WA) , section 10 .\nA person who, outside Queensland, administers an oath or affirmation in relation to the appointment of a special constable for Queensland must give the commissioner both of the following within 14 days after the oath or affirmation was administered—\na statement, signed by the person, of—\nthe person’s name and contact address; and\nthe person’s authority to administer the oath or affirmation;\na copy of the oath or affirmation as subscribed by the special constable.\nA failure by the person who administered the oath or affirmation to comply with subsection (2) does not invalidate the special constable’s appointment.\n(sec.6-ssec.1) A person who must take, or make, and subscribe an oath or affirmation under section 3 .3 of the Act must do so before— a justice; or a justice of another State; or the commissioner, an executive officer or a commissioned officer; or a member of a police force or police service of another State who may under the law of that State— administer an oath or affirmation for the appointment of a police officer or special constable for that State; or witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer or special constable for that State that has or in part has a similar purpose to an oath or affirmation stated in this part. An engagement under the Police Act 1892 (WA) , section 10 .\n(sec.6-ssec.2) A person who, outside Queensland, administers an oath or affirmation in relation to the appointment of a special constable for Queensland must give the commissioner both of the following within 14 days after the oath or affirmation was administered— a statement, signed by the person, of— the person’s name and contact address; and the person’s authority to administer the oath or affirmation; a copy of the oath or affirmation as subscribed by the special constable.\n(sec.6-ssec.3) A failure by the person who administered the oath or affirmation to comply with subsection (2) does not invalidate the special constable’s appointment.\n- (a) a justice; or\n- (b) a justice of another State; or\n- (c) the commissioner, an executive officer or a commissioned officer; or\n- (d) a member of a police force or police service of another State who may under the law of that State— (i) administer an oath or affirmation for the appointment of a police officer or special constable for that State; or (ii) witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer or special constable for that State that has or in part has a similar purpose to an oath or affirmation stated in this part. Example of a document mentioned in subparagraph (ii) — An engagement under the Police Act 1892 (WA) , section 10 .\n- (i) administer an oath or affirmation for the appointment of a police officer or special constable for that State; or\n- (ii) witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer or special constable for that State that has or in part has a similar purpose to an oath or affirmation stated in this part. Example of a document mentioned in subparagraph (ii) — An engagement under the Police Act 1892 (WA) , section 10 .\n- (i) administer an oath or affirmation for the appointment of a police officer or special constable for that State; or\n- (ii) witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer or special constable for that State that has or in part has a similar purpose to an oath or affirmation stated in this part. Example of a document mentioned in subparagraph (ii) — An engagement under the Police Act 1892 (WA) , section 10 .\n- (a) a statement, signed by the person, of— (i) the person’s name and contact address; and (ii) the person’s authority to administer the oath or affirmation;\n- (i) the person’s name and contact address; and\n- (ii) the person’s authority to administer the oath or affirmation;\n- (b) a copy of the oath or affirmation as subscribed by the special constable.\n- (i) the person’s name and contact address; and\n- (ii) the person’s authority to administer the oath or affirmation;","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Protective services officers","content":"## Protective services officers","sortOrder":9},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Oath of office— Act , s 5 0.22","content":"### sec.6A Oath of office— Act , s 5 0.22\n\nFor section 5 .22 of the Act , the following oath is prescribed for a person to take and subscribe before beginning to perform duty as a protective services officer—‘I, A.B., swear by almighty God that I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law in the office of protective services officer or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God.’.\nHowever, subsection (3) applies if the person’s first performance of duty as a member of the service is to be as a member of a rank other than the rank of protective services officer.\nThe oath prescribed for the person to take and subscribe before beginning to perform duty as a member of the service is the oath stated in subsection (1) subject to the words ‘protective services officer’ being replaced by the word or words stating the other rank.\ns 6A ins 2022 Act No. 9 s 47\namd 2025 SL No. 165 s 8\n(sec.6A-ssec.1) For section 5 .22 of the Act , the following oath is prescribed for a person to take and subscribe before beginning to perform duty as a protective services officer—‘I, A.B., swear by almighty God that I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law in the office of protective services officer or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God.’.\n(sec.6A-ssec.2) However, subsection (3) applies if the person’s first performance of duty as a member of the service is to be as a member of a rank other than the rank of protective services officer.\n(sec.6A-ssec.3) The oath prescribed for the person to take and subscribe before beginning to perform duty as a member of the service is the oath stated in subsection (1) subject to the words ‘protective services officer’ being replaced by the word or words stating the other rank.","sortOrder":10},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Affirmation of office— Act , s 5 0.22","content":"### sec.6B Affirmation of office— Act , s 5 0.22\n\nFor section 5 .22 of the Act , the following affirmation is prescribed for a person to take and subscribe before beginning to perform duty as a protective services officer—‘I, A.B., do solemnly, sincerely and truly affirm and declare that I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law in the office of protective services officer or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.’.\nHowever, subsection (3) applies if the person’s first performance of duty as a member of the service is to be as a member of a rank other than the rank of protective services officer.\nThe affirmation prescribed for the person to take and subscribe before beginning to perform duty as a member of the service is the affirmation stated in subsection (1) subject to the words ‘protective services officer’ being replaced by the word or words stating the other rank.\ns 6B ins 2022 Act No. 9 s 47\namd 2025 SL No. 165 s 8\n(sec.6B-ssec.1) For section 5 .22 of the Act , the following affirmation is prescribed for a person to take and subscribe before beginning to perform duty as a protective services officer—‘I, A.B., do solemnly, sincerely and truly affirm and declare that I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law in the office of protective services officer or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.’.\n(sec.6B-ssec.2) However, subsection (3) applies if the person’s first performance of duty as a member of the service is to be as a member of a rank other than the rank of protective services officer.\n(sec.6B-ssec.3) The affirmation prescribed for the person to take and subscribe before beginning to perform duty as a member of the service is the affirmation stated in subsection (1) subject to the words ‘protective services officer’ being replaced by the word or words stating the other rank.","sortOrder":11},{"sectionNumber":"sec.6C","sectionType":"section","heading":"Oath or affirmation","content":"### sec.6C Oath or affirmation\n\nA person who must take, or make, and subscribe an oath or affirmation under section 5 .22 of the Act must do so before—\na justice; or\na justice of another State; or\nthe commissioner, an executive officer or a commissioned officer; or\na member of a police force or police service of another State who may under the law of that State—\nadminister an oath or affirmation for the appointment of a police officer for that State; or\nwitness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer for that State that has or in part has a similar purpose to an oath or affirmation stated in this division.\nan engagement under the Police Act 1892 (WA) , section 10\ns 6C ins 2022 Act No. 9 s 47\n- (a) a justice; or\n- (b) a justice of another State; or\n- (c) the commissioner, an executive officer or a commissioned officer; or\n- (d) a member of a police force or police service of another State who may under the law of that State— (i) administer an oath or affirmation for the appointment of a police officer for that State; or (ii) witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer for that State that has or in part has a similar purpose to an oath or affirmation stated in this division. Example of a document mentioned in subparagraph (ii) —— an engagement under the Police Act 1892 (WA) , section 10\n- (i) administer an oath or affirmation for the appointment of a police officer for that State; or\n- (ii) witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer for that State that has or in part has a similar purpose to an oath or affirmation stated in this division. Example of a document mentioned in subparagraph (ii) —— an engagement under the Police Act 1892 (WA) , section 10\n- (i) administer an oath or affirmation for the appointment of a police officer for that State; or\n- (ii) witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer for that State that has or in part has a similar purpose to an oath or affirmation stated in this division. Example of a document mentioned in subparagraph (ii) —— an engagement under the Police Act 1892 (WA) , section 10","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Commissioner’s responsibilities","content":"# Commissioner’s responsibilities","sortOrder":13},{"sectionNumber":"sec.7","sectionType":"section","heading":"Particular matters within scope of prescribed responsibility","content":"### sec.7 Particular matters within scope of prescribed responsibility\n\nFor section 4 .8(2)(a) of the Act , the following are prescribed as particular matters within the scope of the prescribed responsibility—\ndeciding priorities relating to the service;\ndeciding the appropriate organisational structure of the service;\nthe control of the human, financial or other resources of the service;\nthe designation or redesignation of offices;\ndeciding the number and deployment of officers or staff members;\nthe selection of persons as officers or police recruits;\nthe qualifications for offices in the service and the duties attaching to the offices;\ndeciding levels of salaries, wages or allowances of members of the service;\nthe promotion or demotion of officers or staff members;\nthe training and development of members of the service;\nthe discipline of members of the service;\nthe dress or appearance of members of the service;\nthe appraisal of performance of members of the service;\nthe approval or administration of leave arrangements;\nthe internal redeployment or retraining of officers or staff members;\nthe termination of employment of members of the service;\ndeciding the times within which members of the service are to perform their ordinary hours of work;\ndeveloping ways to ensure all members of the service are treated justly, fairly and with compassion;\ndeciding the number and location of police establishments or police stations;\nkeeping proper records, including records about—\nthe action taken by an officer or someone else in relation to a person suspected of having committed an offence; and\nthe result of any proceeding against the person for the suspected offence;\nfor a proceeding against a person for an offence with which the person was charged by an officer—taking part in a conference with the person’s lawyer about the conduct of the proceeding to narrow issues or help in the timely resolution of the proceeding;\nwithout limiting the action that may be taken by the commissioner as a result of the conference—\ndeciding whether to amend, substitute or withdraw the charge; and\ndeciding facts to be presented to the court for the charge; and\nif the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and\nCriminal Code , section 552A\nDrugs Misuse Act 1986 , section 118\nWeapons Act 1990 , section 161\nin deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and\ndeciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.\ns 7 amd 2016 Act No. 43 s 25 ; 2022 Act No. 9 s 48\n- (a) deciding priorities relating to the service;\n- (b) deciding the appropriate organisational structure of the service;\n- (c) the control of the human, financial or other resources of the service;\n- (d) the designation or redesignation of offices;\n- (e) deciding the number and deployment of officers or staff members;\n- (f) the selection of persons as officers or police recruits;\n- (g) the qualifications for offices in the service and the duties attaching to the offices;\n- (h) deciding levels of salaries, wages or allowances of members of the service;\n- (i) the promotion or demotion of officers or staff members;\n- (j) the training and development of members of the service;\n- (k) the discipline of members of the service;\n- (l) the dress or appearance of members of the service;\n- (m) the appraisal of performance of members of the service;\n- (n) the approval or administration of leave arrangements;\n- (o) the internal redeployment or retraining of officers or staff members;\n- (p) the termination of employment of members of the service;\n- (q) deciding the times within which members of the service are to perform their ordinary hours of work;\n- (r) developing ways to ensure all members of the service are treated justly, fairly and with compassion;\n- (s) deciding the number and location of police establishments or police stations;\n- (t) keeping proper records, including records about— (i) the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and (ii) the result of any proceeding against the person for the suspected offence;\n- (i) the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and\n- (ii) the result of any proceeding against the person for the suspected offence;\n- (u) for a proceeding against a person for an offence with which the person was charged by an officer—taking part in a conference with the person’s lawyer about the conduct of the proceeding to narrow issues or help in the timely resolution of the proceeding;\n- (v) without limiting the action that may be taken by the commissioner as a result of the conference— (i) deciding whether to amend, substitute or withdraw the charge; and (ii) deciding facts to be presented to the court for the charge; and (iii) if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and Examples of provisions that provide for a prosecution’s election— • Criminal Code , section 552A • Drugs Misuse Act 1986 , section 118 • Weapons Act 1990 , section 161 (iv) in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and (v) deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.\n- (i) deciding whether to amend, substitute or withdraw the charge; and\n- (ii) deciding facts to be presented to the court for the charge; and\n- (iii) if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and Examples of provisions that provide for a prosecution’s election— • Criminal Code , section 552A • Drugs Misuse Act 1986 , section 118 • Weapons Act 1990 , section 161\n- • Criminal Code , section 552A\n- • Drugs Misuse Act 1986 , section 118\n- • Weapons Act 1990 , section 161\n- (iv) in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and\n- (v) deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.\n- (i) the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and\n- (ii) the result of any proceeding against the person for the suspected offence;\n- (i) deciding whether to amend, substitute or withdraw the charge; and\n- (ii) deciding facts to be presented to the court for the charge; and\n- (iii) if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and Examples of provisions that provide for a prosecution’s election— • Criminal Code , section 552A • Drugs Misuse Act 1986 , section 118 • Weapons Act 1990 , section 161\n- • Criminal Code , section 552A\n- • Drugs Misuse Act 1986 , section 118\n- • Weapons Act 1990 , section 161\n- (iv) in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and\n- (v) deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.\n- • Criminal Code , section 552A\n- • Drugs Misuse Act 1986 , section 118\n- • Weapons Act 1990 , section 161","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"Officers to be familiar with Act etc.","content":"# Officers to be familiar with Act etc.","sortOrder":15},{"sectionNumber":"sec.8","sectionType":"section","heading":"Officers to be familiar with Act etc.","content":"### sec.8 Officers to be familiar with Act etc.\n\nAn officer must take reasonable steps to familiarise himself or herself with each of the following—\nthe Act ;\neach regulation made under the Act ;\neach direction by the commissioner under section 4 .9 of the Act applying to the officer;\neach determination or ruling made, or standard set or adopted, by the commissioner under section 10 .28(2) of the Act applying to the officer;\nthe code of conduct for public service agencies under the Public Sector Ethics Act 1994 , part 4 , division 2 ;\nany approved standard of practice for the service under the Public Sector Ethics Act 1994 , section 12F .\nThe commissioner must—\nensure a copy of each document mentioned in subsection (1) is reasonably accessible to each officer; and\ndirect the attention of new officers to the requirements of subsection (1) .\n(sec.8-ssec.1) An officer must take reasonable steps to familiarise himself or herself with each of the following— the Act ; each regulation made under the Act ; each direction by the commissioner under section 4 .9 of the Act applying to the officer; each determination or ruling made, or standard set or adopted, by the commissioner under section 10 .28(2) of the Act applying to the officer; the code of conduct for public service agencies under the Public Sector Ethics Act 1994 , part 4 , division 2 ; any approved standard of practice for the service under the Public Sector Ethics Act 1994 , section 12F .\n(sec.8-ssec.2) The commissioner must— ensure a copy of each document mentioned in subsection (1) is reasonably accessible to each officer; and direct the attention of new officers to the requirements of subsection (1) .\n- (a) the Act ;\n- (b) each regulation made under the Act ;\n- (c) each direction by the commissioner under section 4 .9 of the Act applying to the officer;\n- (d) each determination or ruling made, or standard set or adopted, by the commissioner under section 10 .28(2) of the Act applying to the officer;\n- (e) the code of conduct for public service agencies under the Public Sector Ethics Act 1994 , part 4 , division 2 ;\n- (f) any approved standard of practice for the service under the Public Sector Ethics Act 1994 , section 12F .\n- (a) ensure a copy of each document mentioned in subsection (1) is reasonably accessible to each officer; and\n- (b) direct the attention of new officers to the requirements of subsection (1) .","sortOrder":16},{"sectionNumber":"pt.5","sectionType":"part","heading":"Performance appraisal","content":"# Performance appraisal","sortOrder":17},{"sectionNumber":"sec.9","sectionType":"section","heading":"Performance appraisal of officers","content":"### sec.9 Performance appraisal of officers\n\nThe commissioner must ensure there is a regular system of appraisal of the performance of officers.\nThe system must provide for—\neach officer to receive information on the officer’s performance; and\nif, after appraisal, it is considered that the officer’s performance needs to improve—the remedial steps available to improve the officer’s performance.\n(sec.9-ssec.1) The commissioner must ensure there is a regular system of appraisal of the performance of officers.\n(sec.9-ssec.2) The system must provide for— each officer to receive information on the officer’s performance; and if, after appraisal, it is considered that the officer’s performance needs to improve—the remedial steps available to improve the officer’s performance.\n- (a) each officer to receive information on the officer’s performance; and\n- (b) if, after appraisal, it is considered that the officer’s performance needs to improve—the remedial steps available to improve the officer’s performance.","sortOrder":18},{"sectionNumber":"pt.6","sectionType":"part","heading":"Vacancies, promotions and transfers","content":"# Vacancies, promotions and transfers","sortOrder":19},{"sectionNumber":"sec.10","sectionType":"section","heading":"Vacancies to be advertised","content":"### sec.10 Vacancies to be advertised\n\nThis section applies if the commissioner proposes to make an appointment to a position in the service to fill a vacancy in the position.\nThe commissioner may advertise the vacancy in the Queensland Police Gazette at least 14 days before an appointment is made filling the vacancy.\nThe advertisement—\nmust state the date on or before which applications for appointment to the vacancy may be made to the commissioner; and\nmust state—\nthe tenure period for the position; or\nany maximum or minimum tenure period for the position; and\nmay state criteria relevant to obtaining the appointment.\nAn officer may apply for appointment to the position—\nif the officer is of the rank of the position; or\nif the officer is not of the rank of the position—the officer meets any conditions of eligibility to apply for the position that are stated in the advertisement.\nSubsection (4) does not prevent a person who is not an officer applying for appointment to the position if the vacancy is advertised by the commissioner both under this section and in another way.\n(sec.10-ssec.1) This section applies if the commissioner proposes to make an appointment to a position in the service to fill a vacancy in the position.\n(sec.10-ssec.2) The commissioner may advertise the vacancy in the Queensland Police Gazette at least 14 days before an appointment is made filling the vacancy.\n(sec.10-ssec.3) The advertisement— must state the date on or before which applications for appointment to the vacancy may be made to the commissioner; and must state— the tenure period for the position; or any maximum or minimum tenure period for the position; and may state criteria relevant to obtaining the appointment.\n(sec.10-ssec.4) An officer may apply for appointment to the position— if the officer is of the rank of the position; or if the officer is not of the rank of the position—the officer meets any conditions of eligibility to apply for the position that are stated in the advertisement.\n(sec.10-ssec.5) Subsection (4) does not prevent a person who is not an officer applying for appointment to the position if the vacancy is advertised by the commissioner both under this section and in another way.\n- (a) must state the date on or before which applications for appointment to the vacancy may be made to the commissioner; and\n- (b) must state— (i) the tenure period for the position; or (ii) any maximum or minimum tenure period for the position; and\n- (i) the tenure period for the position; or\n- (ii) any maximum or minimum tenure period for the position; and\n- (c) may state criteria relevant to obtaining the appointment.\n- (i) the tenure period for the position; or\n- (ii) any maximum or minimum tenure period for the position; and\n- (a) if the officer is of the rank of the position; or\n- (b) if the officer is not of the rank of the position—the officer meets any conditions of eligibility to apply for the position that are stated in the advertisement.","sortOrder":20},{"sectionNumber":"sec.11","sectionType":"section","heading":"Re-advertising vacancies","content":"### sec.11 Re-advertising vacancies\n\nThis section applies if a position in the service was advertised under section 10 .\nThe commissioner may readvertise the vacancy each time the commissioner considers no officer suitable to fill the vacancy has applied for appointment to the position in response to the previous advertisement of the vacancy under section 10 or this section.\nSection 10 applies to the readvertisement, and who may apply for appointment to the position, as if the readvertisement were an advertisement to which section 10 applies.\nIf a vacancy is advertised under subsection (2) , the commissioner may appoint to the position an officer who applied for the position, even if the officer failed to meet any stated criteria relevant to obtaining the appointment.\nA person who failed to meet stated criteria relevant to obtaining appointment to a position but is appointed to the position under subsection (4) on promotion can hold the rank of the position only while in the position, unless the commissioner decides otherwise.\n(sec.11-ssec.1) This section applies if a position in the service was advertised under section 10 .\n(sec.11-ssec.2) The commissioner may readvertise the vacancy each time the commissioner considers no officer suitable to fill the vacancy has applied for appointment to the position in response to the previous advertisement of the vacancy under section 10 or this section.\n(sec.11-ssec.3) Section 10 applies to the readvertisement, and who may apply for appointment to the position, as if the readvertisement were an advertisement to which section 10 applies.\n(sec.11-ssec.4) If a vacancy is advertised under subsection (2) , the commissioner may appoint to the position an officer who applied for the position, even if the officer failed to meet any stated criteria relevant to obtaining the appointment.\n(sec.11-ssec.5) A person who failed to meet stated criteria relevant to obtaining appointment to a position but is appointed to the position under subsection (4) on promotion can hold the rank of the position only while in the position, unless the commissioner decides otherwise.","sortOrder":21},{"sectionNumber":"sec.12","sectionType":"section","heading":"Part-time employment","content":"### sec.12 Part-time employment\n\nFor section 5 .7(1)(a) of the Act , each position as a commissioned officer is prescribed as a position open to appointment on a part-time basis.\nFor section 5 .9(1)(b) of the Act , each position as a noncommissioned officer or constable is prescribed as a position open to appointment on a part-time basis.\n(sec.12-ssec.1) For section 5 .7(1)(a) of the Act , each position as a commissioned officer is prescribed as a position open to appointment on a part-time basis.\n(sec.12-ssec.2) For section 5 .9(1)(b) of the Act , each position as a noncommissioned officer or constable is prescribed as a position open to appointment on a part-time basis.","sortOrder":22},{"sectionNumber":"sec.13","sectionType":"section","heading":"Transfers that need not be on the basis of merit","content":"### sec.13 Transfers that need not be on the basis of merit\n\nFor section 5 .2(3) of the Act , each basis as follows, if it applies to the officer in relation to the transfer concerned, is prescribed—\na determination under the Industrial Relations Act 1999 , section 149B (1) ;\na determination under the Industrial Relations Act 1999 , section 149 (2) , as in force before 17 February 2012, made before 17 February 2012 and operating after 16 February 2012;\nan industrial agreement between the commissioner, the Queensland Police Union of Employees and the Queensland Police Commissioned Officers’ Union of Employees;\nan award, including an award made under a law of the Commonwealth, replacing an industrial agreement mentioned in paragraph (c) ;\na contract of employment made, or taken to be made, between the Crown and an executive officer .\ns 13 amd 2023 SL No. 20 s 3\n- (a) a determination under the Industrial Relations Act 1999 , section 149B (1) ;\n- (b) a determination under the Industrial Relations Act 1999 , section 149 (2) , as in force before 17 February 2012, made before 17 February 2012 and operating after 16 February 2012;\n- (c) an industrial agreement between the commissioner, the Queensland Police Union of Employees and the Queensland Police Commissioned Officers’ Union of Employees;\n- (d) an award, including an award made under a law of the Commonwealth, replacing an industrial agreement mentioned in paragraph (c) ;\n- (e) a contract of employment made, or taken to be made, between the Crown and an executive officer .","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"How to apply for appointment","content":"### sec.14 How to apply for appointment\n\nAn application for appointment to a position in the service advertised under section 10 or readvertised under section 11 must be made in the way required by the commissioner.","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Commissioner may require applicant who is an officer to be examined or assessed","content":"### sec.15 Commissioner may require applicant who is an officer to be examined or assessed\n\nThe commissioner may require an officer who applies for a position in the service to be examined or assessed, or both, to gauge the officer’s potential, and mental or physical fitness, to discharge the duties of the position.","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Promotion—integrity","content":"### sec.16 Promotion—integrity\n\nThe question of an officer’s integrity when considering the officer’s application for appointment to a position in the service on promotion becomes more crucial as the rank of the position increases in seniority.","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Promotion—complaint against officer","content":"### sec.17 Promotion—complaint against officer\n\nIf an officer applies for appointment to a position in the service on promotion, the commissioner may ask the chairman of the Crime and Corruption Commission to comment on the integrity of the officer before the commissioner considers the officer for promotion.\nSubsection (4) applies if, on a request under subsection (1) , the chairman informs the commissioner there is a current complaint made or referred to the Crime and Corruption Commission under the Crime and Corruption Act 2001 against the officer and the complaint has—\ncredibility; and\na proper basis for belief; and\na degree of seriousness that would debar the officer from promotion to the position if it were true.\nIt does not matter if the complaint is against more than 1 person.\nThe commissioner must presume the officer does not have the integrity required for promotion to the position.\nThe presumption continues until—\nthe Crime and Corruption Commission—\ndecides to take no action against the officer on the complaint; or\ndecides that action, to deal with the complaint, against the officer be discontinued; or\nthe complaint, so far as it is against the officer, is finalised by—\ntaking disciplinary action against the officer; or\nQCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or\nstarting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint.\nAn entity (for example, a court, tribunal or professional body), other than the commissioner, can not draw an adverse inference about an officer because of a presumption under subsection (4) about the officer.\n(sec.17-ssec.1) If an officer applies for appointment to a position in the service on promotion, the commissioner may ask the chairman of the Crime and Corruption Commission to comment on the integrity of the officer before the commissioner considers the officer for promotion.\n(sec.17-ssec.2) Subsection (4) applies if, on a request under subsection (1) , the chairman informs the commissioner there is a current complaint made or referred to the Crime and Corruption Commission under the Crime and Corruption Act 2001 against the officer and the complaint has— credibility; and a proper basis for belief; and a degree of seriousness that would debar the officer from promotion to the position if it were true.\n(sec.17-ssec.3) It does not matter if the complaint is against more than 1 person.\n(sec.17-ssec.4) The commissioner must presume the officer does not have the integrity required for promotion to the position.\n(sec.17-ssec.5) The presumption continues until— the Crime and Corruption Commission— decides to take no action against the officer on the complaint; or decides that action, to deal with the complaint, against the officer be discontinued; or the complaint, so far as it is against the officer, is finalised by— taking disciplinary action against the officer; or QCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or starting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint.\n(sec.17-ssec.6) An entity (for example, a court, tribunal or professional body), other than the commissioner, can not draw an adverse inference about an officer because of a presumption under subsection (4) about the officer.\n- (a) credibility; and\n- (b) a proper basis for belief; and\n- (c) a degree of seriousness that would debar the officer from promotion to the position if it were true.\n- (a) the Crime and Corruption Commission— (i) decides to take no action against the officer on the complaint; or (ii) decides that action, to deal with the complaint, against the officer be discontinued; or\n- (i) decides to take no action against the officer on the complaint; or\n- (ii) decides that action, to deal with the complaint, against the officer be discontinued; or\n- (b) the complaint, so far as it is against the officer, is finalised by— (i) taking disciplinary action against the officer; or (ii) QCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or (iii) starting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint.\n- (i) taking disciplinary action against the officer; or\n- (ii) QCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or\n- (iii) starting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint.\n- (i) decides to take no action against the officer on the complaint; or\n- (ii) decides that action, to deal with the complaint, against the officer be discontinued; or\n- (i) taking disciplinary action against the officer; or\n- (ii) QCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or\n- (iii) starting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Selection panel","content":"### sec.18 Selection panel\n\nIf a person (the applicant ) applies for appointment to a position in the service, the commissioner may form a selection panel of at least 3 persons to make a recommendation to the commissioner about—\nif the applicant is a member of the service—whether the applicant should be considered for selection to the position; or\notherwise—the applicant’s engagement by the service.\n- (a) if the applicant is a member of the service—whether the applicant should be considered for selection to the position; or\n- (b) otherwise—the applicant’s engagement by the service.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Notice of appointments to police officer positions and transfers, promotions, demotions and dismissals","content":"### sec.19 Notice of appointments to police officer positions and transfers, promotions, demotions and dismissals\n\nThe commissioner must notify each of the following in the Queensland Police Gazette—\nan appointment to a police officer position;\na transfer, promotion, demotion or dismissal of an officer.\n- (a) an appointment to a police officer position;\n- (b) a transfer, promotion, demotion or dismissal of an officer.","sortOrder":29},{"sectionNumber":"pt.7","sectionType":"part","heading":"Resignation, retirement and withdrawal of services","content":"# Resignation, retirement and withdrawal of services","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"How non-contract officer may resign","content":"### sec.20 How non-contract officer may resign\n\nFor section 8 .1(2) of the Act , a non-contract officer may resign from the service at any time by giving the commissioner written notice of the officer’s intention to resign, at least 3 months before the day of the intended resignation, unless the commissioner approves a shorter period.\nIn this section—\nnon-contract officer means an officer who does not hold a position in the service on the basis of a contract that provides for the way of the officer’s resignation.\n(sec.20-ssec.1) For section 8 .1(2) of the Act , a non-contract officer may resign from the service at any time by giving the commissioner written notice of the officer’s intention to resign, at least 3 months before the day of the intended resignation, unless the commissioner approves a shorter period.\n(sec.20-ssec.2) In this section— non-contract officer means an officer who does not hold a position in the service on the basis of a contract that provides for the way of the officer’s resignation.","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Minimum retirement age","content":"### sec.21 Minimum retirement age\n\nFor section 8 .2(a) of the Act , the prescribed age for an officer, other than an officer who holds a position in the service on a contract basis, is 55 years.\nSubsection (1) is subject to any Act that provides for any other retirement age for the officer.\n(sec.21-ssec.1) For section 8 .2(a) of the Act , the prescribed age for an officer, other than an officer who holds a position in the service on a contract basis, is 55 years.\n(sec.21-ssec.2) Subsection (1) is subject to any Act that provides for any other retirement age for the officer.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Withdrawal of services","content":"### sec.22 Withdrawal of services\n\nAn officer must not—\nwithdraw from the officer’s duties as an officer, whether as a constable or otherwise, unless the withdrawal is authorised under the Act or by the commissioner; or\ndo an act or make an omission that, if done or omitted to be done by at least 2 officers, would constitute a strike within the meaning of the Industrial Relations Act 1999 .\nMaximum penalty—100 penalty units.\n- (a) withdraw from the officer’s duties as an officer, whether as a constable or otherwise, unless the withdrawal is authorised under the Act or by the commissioner; or\n- (b) do an act or make an omission that, if done or omitted to be done by at least 2 officers, would constitute a strike within the meaning of the Industrial Relations Act 1999 .","sortOrder":33},{"sectionNumber":"pt.8","sectionType":"part","heading":"Continuous service","content":"# Continuous service","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Calculation of continuous service","content":"### sec.23 Calculation of continuous service\n\nFor section 5 .10(6) of the Act , service as an officer is taken to be continuous if the officer has not had a break in service as an officer of more than 12 months.\nFor section 5 .14(1)(b) of the Act , the following offices under the Crown are prescribed—\nany office in a public sector unit;\nany office in the public service of the Commonwealth or a State, if service in the office was permanent;\nany office in a police service or police force of the Commonwealth or a State, if service in the office was permanent;\nany office in the naval, military or air force service of the Commonwealth, if service in the office was permanent.\nFor section 5 .14(3) of the Act , service of an officer is to be taken as continuous if the officer has not had a break of more than 12 months between holding an office under the Crown mentioned in subsection (2) and becoming an officer.\n(sec.23-ssec.1) For section 5 .10(6) of the Act , service as an officer is taken to be continuous if the officer has not had a break in service as an officer of more than 12 months.\n(sec.23-ssec.2) For section 5 .14(1)(b) of the Act , the following offices under the Crown are prescribed— any office in a public sector unit; any office in the public service of the Commonwealth or a State, if service in the office was permanent; any office in a police service or police force of the Commonwealth or a State, if service in the office was permanent; any office in the naval, military or air force service of the Commonwealth, if service in the office was permanent.\n(sec.23-ssec.3) For section 5 .14(3) of the Act , service of an officer is to be taken as continuous if the officer has not had a break of more than 12 months between holding an office under the Crown mentioned in subsection (2) and becoming an officer.\n- (a) any office in a public sector unit;\n- (b) any office in the public service of the Commonwealth or a State, if service in the office was permanent;\n- (c) any office in a police service or police force of the Commonwealth or a State, if service in the office was permanent;\n- (d) any office in the naval, military or air force service of the Commonwealth, if service in the office was permanent.","sortOrder":35},{"sectionNumber":"pt.9","sectionType":"part","heading":"Ranks","content":"# Ranks","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Ranks of officers— Act , s 5 0.1","content":"### sec.24 Ranks of officers— Act , s 5 0.1\n\nFor section 5 .1 of the Act , the ranks of officers are declared to be those mentioned in schedule 1 , column 2.\nSchedule 1 , column 1 states the category of officer to which the rank of officer belongs.\n(sec.24-ssec.1) For section 5 .1 of the Act , the ranks of officers are declared to be those mentioned in schedule 1 , column 2.\n(sec.24-ssec.2) Schedule 1 , column 1 states the category of officer to which the rank of officer belongs.","sortOrder":37},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Ranks of protective services officers— Act , s 5 0.2","content":"### sec.24A Ranks of protective services officers— Act , s 5 0.2\n\nFor section 5 .20 of the Act , the ranks of protective services officers are declared to be—\nprotective services officer; and\nsenior protective services officer.\ns 24A ins 2022 Act No. 9 s 49\n- (a) protective services officer; and\n- (b) senior protective services officer.","sortOrder":38},{"sectionNumber":"pt.10","sectionType":"part","heading":"Awards","content":"# Awards","sortOrder":39},{"sectionNumber":"sec.25","sectionType":"section","heading":"Valour Medal","content":"### sec.25 Valour Medal\n\nThe commissioner may award a medal called the Queensland Police Valour Medal (the Valour Medal ) to either of the following persons who, in the execution of the person’s duty as a member of the service, performed an act of exceptional bravery in hazardous circumstances—\na member of the service;\na former member of the service, whether alive or dead.\ns 25 amd 2017 SL No. 86 s 4\n- (a) a member of the service;\n- (b) a former member of the service, whether alive or dead.","sortOrder":40},{"sectionNumber":"sec.26","sectionType":"section","heading":"Silver Bar to Valour Medal","content":"### sec.26 Silver Bar to Valour Medal\n\nThis section applies to a member of the service who—\nis awarded the Valour Medal; and\nbefore or after the award, in the execution of the member’s duty as a member of the service, performed or performs an act of exceptional bravery in hazardous circumstances.\nThe commissioner may give the member a Silver Bar to the Valour Medal.\ns 26 amd 2017 SL No. 86 s 5\n(sec.26-ssec.1) This section applies to a member of the service who— is awarded the Valour Medal; and before or after the award, in the execution of the member’s duty as a member of the service, performed or performs an act of exceptional bravery in hazardous circumstances.\n(sec.26-ssec.2) The commissioner may give the member a Silver Bar to the Valour Medal.\n- (a) is awarded the Valour Medal; and\n- (b) before or after the award, in the execution of the member’s duty as a member of the service, performed or performs an act of exceptional bravery in hazardous circumstances.","sortOrder":41},{"sectionNumber":"sec.27","sectionType":"section","heading":"Other awards","content":"### sec.27 Other awards\n\nThe commissioner may make other awards to recognise and commend a member of the service who, in the execution of the member’s duty as a member of the service, demonstrates either of the following—\nconspicuous or exemplary bravery;\nconspicuous or exemplary performance of work.\n- (a) conspicuous or exemplary bravery;\n- (b) conspicuous or exemplary performance of work.","sortOrder":42},{"sectionNumber":"sec.28","sectionType":"section","heading":"Wearing of awards","content":"### sec.28 Wearing of awards\n\nAn award under this part, including a Silver Bar to the Valour Medal, may be worn only in the way the commissioner decides.\ns 28 amd 2017 SL No. 86 s 6","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Design and style of awards","content":"### sec.29 Design and style of awards\n\nThe design and style of—\nthe Valour Medal must be as approved by the Governor in Council; or\nany other award under this part must be as decided by the commissioner.\ns 29 amd 2017 SL No. 86 s 7\n- (a) the Valour Medal must be as approved by the Governor in Council; or\n- (b) any other award under this part must be as decided by the commissioner.","sortOrder":44},{"sectionNumber":"sec.30","sectionType":"section","heading":"Awards may be made for conduct that happened before or after commencement of Act","content":"### sec.30 Awards may be made for conduct that happened before or after commencement of Act\n\nAn award may be made under this part for conduct that happened before or after the commencement of the Act .","sortOrder":45},{"sectionNumber":"pt.11","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":46},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":47},{"sectionNumber":"sec.31","sectionType":"section","heading":"Object of pt 11","content":"### sec.31 Object of pt 11\n\nThe object of this part is to do the following with proper regard for the efficiency, effectiveness and professionalism of the service—\nprovide officers with an independent review of decisions for the redress of particular grievances;\nensure decisions made in relation to officers are—\nfair, just and compassionate; and\nmade in accordance with sound personnel management practices.\n- (a) provide officers with an independent review of decisions for the redress of particular grievances;\n- (b) ensure decisions made in relation to officers are— (i) fair, just and compassionate; and (ii) made in accordance with sound personnel management practices.\n- (i) fair, just and compassionate; and\n- (ii) made in accordance with sound personnel management practices.\n- (i) fair, just and compassionate; and\n- (ii) made in accordance with sound personnel management practices.","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Definitions for pt 11","content":"### sec.32 Definitions for pt 11\n\nIn this part—\nformer officer has the meaning given by section 7A .1(1)(b) of the Act .\nparty to a review means—\nthe officer who applied for the review; or\nthe former officer who applied for the review; or\nif the review is of a decision to select an officer for appointment to a police officer position, whether on promotion or transfer—the officer selected for appointment to the position; or\nif the review is of a decision to select an officer for transfer to a police officer position—the officer selected for the transfer; or\nif the review is of a decision to take disciplinary action—the prescribed officer who made the decision; or\nif the review is of any other kind of decision—the officer who made the decision; or\nany officer nominated by the commissioner to assist the review commissioner conducting or who is to conduct the review.\nreviewable decision means—\na decision mentioned in section 9.3 (1)(a) to (d) of the Act ; or\na decision mentioned in section 33 .\nreview commissioner means a commissioner for police service reviews.\n- (a) the officer who applied for the review; or\n- (b) the former officer who applied for the review; or\n- (c) if the review is of a decision to select an officer for appointment to a police officer position, whether on promotion or transfer—the officer selected for appointment to the position; or\n- (d) if the review is of a decision to select an officer for transfer to a police officer position—the officer selected for the transfer; or\n- (e) if the review is of a decision to take disciplinary action—the prescribed officer who made the decision; or\n- (f) if the review is of any other kind of decision—the officer who made the decision; or\n- (g) any officer nominated by the commissioner to assist the review commissioner conducting or who is to conduct the review.\n- (a) a decision mentioned in section 9.3 (1)(a) to (d) of the Act ; or\n- (b) a decision mentioned in section 33 .","sortOrder":49},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Additional decision open to review","content":"## Additional decision open to review","sortOrder":50},{"sectionNumber":"sec.33","sectionType":"section","heading":"Additional decision open to review","content":"### sec.33 Additional decision open to review\n\nFor section 9 .3(1)(e) of the Act , a decision by the commissioner to appoint an officer to a position as a staff member under section 8 .3(5)(a) of the Act is open to review under part 9 of the Act .","sortOrder":51},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Application for review","content":"## Application for review","sortOrder":52},{"sectionNumber":"sec.34","sectionType":"section","heading":"How to apply for review— Act , s 9 0.4","content":"### sec.34 How to apply for review— Act , s 9 0.4\n\nFor section 9 .4(1) of the Act , an officer may start a review of a reviewable decision by written application for a review of the decision to the secretary appointed under section 35 .\nThe application must be made within 7 days after the officer receives written notice of the decision.\nAn officer who is an unsuccessful applicant for appointment to a police officer position is taken to have received written notice of the decision from the commissioner on the day notice of another person’s appointment to the position is published in the Queensland Police Gazette.\nIn this section—\nofficer includes a former officer.\ns 34 amd 2022 SL No. 34 s 3\n(sec.34-ssec.1) For section 9 .4(1) of the Act , an officer may start a review of a reviewable decision by written application for a review of the decision to the secretary appointed under section 35 .\n(sec.34-ssec.2) The application must be made within 7 days after the officer receives written notice of the decision.\n(sec.34-ssec.3) An officer who is an unsuccessful applicant for appointment to a police officer position is taken to have received written notice of the decision from the commissioner on the day notice of another person’s appointment to the position is published in the Queensland Police Gazette.\n(sec.34-ssec.4) In this section— officer includes a former officer.","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Appointment of secretary to review commissioners and written notice to parties of application","content":"### sec.35 Appointment of secretary to review commissioners and written notice to parties of application\n\nThe chairman of the Crime and Corruption Commission may appoint a person as secretary to the review commissioners.\nThe secretary must, on receiving an application for review of a reviewable decision, give all parties to the review written notice of the application.\n(sec.35-ssec.1) The chairman of the Crime and Corruption Commission may appoint a person as secretary to the review commissioners.\n(sec.35-ssec.2) The secretary must, on receiving an application for review of a reviewable decision, give all parties to the review written notice of the application.","sortOrder":54},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Conduct of review","content":"## Conduct of review","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":"Functions of review commissioner","content":"### sec.36 Functions of review commissioner\n\nThe functions of a review commissioner are—\nto conduct a review, for part 9 of the Act , of all material provided by the parties to the review that is relevant to the application for the review at the time the application was decided, whether or not it was submitted to be considered by the person who made the decision under review; and\nto hear submissions for the review at the place the review commissioner considers necessary.\nFor a review commissioner’s function to make recommendations to the commissioner on conclusion of a review, see section 9 .5(1) of the Act .\n- (a) to conduct a review, for part 9 of the Act , of all material provided by the parties to the review that is relevant to the application for the review at the time the application was decided, whether or not it was submitted to be considered by the person who made the decision under review; and\n- (b) to hear submissions for the review at the place the review commissioner considers necessary.","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Review commissioner not to act for particular applications","content":"### sec.37 Review commissioner not to act for particular applications\n\nA review commissioner must not consider or hear an application for review of a reviewable decision if the review commissioner was involved in making the decision.","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"Practice and procedure on a review","content":"### sec.38 Practice and procedure on a review\n\nOn a review of a reviewable decision, a review commissioner is not bound by rules or practice about evidence and may be informed on any matter the review commissioner considers is relevant to the review in the way the review commissioner considers appropriate.","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":"Representation of officer who made decision","content":"### sec.39 Representation of officer who made decision\n\nOn a review of a reviewable decision, an officer may appear as the representative of the officer who made the decision.","sortOrder":59},{"sectionNumber":"sec.40","sectionType":"section","heading":"Prohibition on disclosure for a review","content":"### sec.40 Prohibition on disclosure for a review\n\nThe review commissioner conducting, or who conducted, a review of a reviewable decision may, by order, prohibit a person from disclosing stated oral, written or other matter—\nif the review has not ended—that has been given, or is later given, to the review commissioner for the review; or\nif the review has ended—that was given to the review commissioner for the review.\noral or written submissions\noral or written statements by the parties as to facts in issue\nstated photographs or other material\na named or otherwise described document\na stated document, or class of documents, that exists or may come into existence\nHowever, an order may be made under subsection (1) only against either or both of the following persons—\neach person who was or is—\na party to the review and is named in the order; or\na party to the review;\neach person (who has not been or is not a party to the review) who is or becomes aware of the terms of the order.\nThe review commissioner may make an order under subsection (1) only if the review commissioner considers on reasonable grounds the disclosure would be—\nunfair to a person; or\ncontrary to the public interest.\nThe order must state that the order does not apply to—\ndisclosure to a lawyer, or other person, for the purpose of a person to whom the order applies obtaining legal services (whether or not in relation to the review) from an Australian or an overseas lawyer; or\ndisclosure authorised or required under an Act.\nThe order may be changed or revoked—\nif the review has not ended—by the review commissioner before the review ends; or\nby any review commissioner after the review ends.\nThe order, change or revocation may be made or done orally or in writing, but if it is made or done orally, must be confirmed in writing as soon as practicable after the order, change or revocation is made.\n(sec.40-ssec.1) The review commissioner conducting, or who conducted, a review of a reviewable decision may, by order, prohibit a person from disclosing stated oral, written or other matter— if the review has not ended—that has been given, or is later given, to the review commissioner for the review; or if the review has ended—that was given to the review commissioner for the review. oral or written submissions oral or written statements by the parties as to facts in issue stated photographs or other material a named or otherwise described document a stated document, or class of documents, that exists or may come into existence\n(sec.40-ssec.2) However, an order may be made under subsection (1) only against either or both of the following persons— each person who was or is— a party to the review and is named in the order; or a party to the review; each person (who has not been or is not a party to the review) who is or becomes aware of the terms of the order.\n(sec.40-ssec.3) The review commissioner may make an order under subsection (1) only if the review commissioner considers on reasonable grounds the disclosure would be— unfair to a person; or contrary to the public interest.\n(sec.40-ssec.4) The order must state that the order does not apply to— disclosure to a lawyer, or other person, for the purpose of a person to whom the order applies obtaining legal services (whether or not in relation to the review) from an Australian or an overseas lawyer; or disclosure authorised or required under an Act.\n(sec.40-ssec.5) The order may be changed or revoked— if the review has not ended—by the review commissioner before the review ends; or by any review commissioner after the review ends.\n(sec.40-ssec.6) The order, change or revocation may be made or done orally or in writing, but if it is made or done orally, must be confirmed in writing as soon as practicable after the order, change or revocation is made.\n- (a) if the review has not ended—that has been given, or is later given, to the review commissioner for the review; or\n- (b) if the review has ended—that was given to the review commissioner for the review.\n- • oral or written submissions\n- • oral or written statements by the parties as to facts in issue\n- • stated photographs or other material\n- • a named or otherwise described document\n- • a stated document, or class of documents, that exists or may come into existence\n- (a) each person who was or is— (i) a party to the review and is named in the order; or (ii) a party to the review;\n- (i) a party to the review and is named in the order; or\n- (ii) a party to the review;\n- (b) each person (who has not been or is not a party to the review) who is or becomes aware of the terms of the order.\n- (i) a party to the review and is named in the order; or\n- (ii) a party to the review;\n- (a) unfair to a person; or\n- (b) contrary to the public interest.\n- (a) disclosure to a lawyer, or other person, for the purpose of a person to whom the order applies obtaining legal services (whether or not in relation to the review) from an Australian or an overseas lawyer; or\n- (b) disclosure authorised or required under an Act.\n- (a) if the review has not ended—by the review commissioner before the review ends; or\n- (b) by any review commissioner after the review ends.","sortOrder":60},{"sectionNumber":"sec.41","sectionType":"section","heading":"Withdrawal of application for review","content":"### sec.41 Withdrawal of application for review\n\nAn officer who applies for a review of a reviewable decision may at any time withdraw the application.\nIf the officer withdraws the application, the review ends.\nIf a review commissioner has started to consider, but not decided, an officer’s application for a review of a reviewable decision and the officer voluntarily resigns from the service, the application is taken to be withdrawn.\nIn this section—\nofficer includes a former officer.\n(sec.41-ssec.1) An officer who applies for a review of a reviewable decision may at any time withdraw the application.\n(sec.41-ssec.2) If the officer withdraws the application, the review ends.\n(sec.41-ssec.3) If a review commissioner has started to consider, but not decided, an officer’s application for a review of a reviewable decision and the officer voluntarily resigns from the service, the application is taken to be withdrawn.\n(sec.41-ssec.4) In this section— officer includes a former officer.","sortOrder":61},{"sectionNumber":"sec.42","sectionType":"section","heading":"Frivolous or vexatious application for review","content":"### sec.42 Frivolous or vexatious application for review\n\nA review commissioner may refuse to further consider an application for a review of a reviewable decision if the review commissioner is satisfied on reasonable grounds that the application is frivolous or vexatious.\nIf, under subsection (1) , a review commissioner refuses to further consider an application for a review of a reviewable decision, the review is taken to be completed.\n(sec.42-ssec.1) A review commissioner may refuse to further consider an application for a review of a reviewable decision if the review commissioner is satisfied on reasonable grounds that the application is frivolous or vexatious.\n(sec.42-ssec.2) If, under subsection (1) , a review commissioner refuses to further consider an application for a review of a reviewable decision, the review is taken to be completed.","sortOrder":62},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Stay of transfer if officer must change place of residence","content":"## Stay of transfer if officer must change place of residence","sortOrder":63},{"sectionNumber":"sec.43","sectionType":"section","heading":"Commissioner to stay transfer if officer must change place of residence","content":"### sec.43 Commissioner to stay transfer if officer must change place of residence\n\nThis section applies if—\nthe commissioner decides to transfer an officer to a position; and\nbecause of the transfer, the officer must change the officer’s place of residence; and\nthe officer applies under section 34 for a review of the decision.\nThe commissioner must stay the decision until the commissioner decides under section 9 .5(2) of the Act to proceed with the transfer or revoke the decision.\n(sec.43-ssec.1) This section applies if— the commissioner decides to transfer an officer to a position; and because of the transfer, the officer must change the officer’s place of residence; and the officer applies under section 34 for a review of the decision.\n(sec.43-ssec.2) The commissioner must stay the decision until the commissioner decides under section 9 .5(2) of the Act to proceed with the transfer or revoke the decision.\n- (a) the commissioner decides to transfer an officer to a position; and\n- (b) because of the transfer, the officer must change the officer’s place of residence; and\n- (c) the officer applies under section 34 for a review of the decision.","sortOrder":64},{"sectionNumber":"pt.11-div.6","sectionType":"division","heading":"Conclusion of review","content":"## Conclusion of review","sortOrder":65},{"sectionNumber":"sec.44","sectionType":"section","heading":"Conclusion of review","content":"### sec.44 Conclusion of review\n\nThe review commissioner who conducted a review of a reviewable decision must give written advice to all parties to the review of the review commissioner’s recommendation, under section 9 .5(1) of the Act , for the matter under review.\nIf a review commissioner—\nconducted part of a review of a reviewable decision; and\nunder section 42 refuses to further consider the application for the review on the basis that the review commissioner is satisfied, on reasonable grounds, the application is frivolous or vexatious;\nthe review commissioner must give written advice of the refusal and the basis for the refusal to all parties to the review.\nThe review commissioner must give a brief summary of the review commissioner’s reasons for the recommendation, or refusal, to all parties to the review.\nThe commissioner of the police service must, as soon as practicable after deciding the action (if any) to take, under section 9 .5(2) of the Act , in relation to the review—\ninform the review commissioner, and all parties to the review, of the commissioner of the police service’s decision on the review; and\nif the commissioner of the police service decides not to implement the recommendation of the review commissioner—give a brief summary of the reasons for the decision to the following—\nall parties to the review;\nthe review commissioner.\n(sec.44-ssec.1) The review commissioner who conducted a review of a reviewable decision must give written advice to all parties to the review of the review commissioner’s recommendation, under section 9 .5(1) of the Act , for the matter under review.\n(sec.44-ssec.2) If a review commissioner— conducted part of a review of a reviewable decision; and under section 42 refuses to further consider the application for the review on the basis that the review commissioner is satisfied, on reasonable grounds, the application is frivolous or vexatious; the review commissioner must give written advice of the refusal and the basis for the refusal to all parties to the review.\n(sec.44-ssec.3) The review commissioner must give a brief summary of the review commissioner’s reasons for the recommendation, or refusal, to all parties to the review.\n(sec.44-ssec.4) The commissioner of the police service must, as soon as practicable after deciding the action (if any) to take, under section 9 .5(2) of the Act , in relation to the review— inform the review commissioner, and all parties to the review, of the commissioner of the police service’s decision on the review; and if the commissioner of the police service decides not to implement the recommendation of the review commissioner—give a brief summary of the reasons for the decision to the following— all parties to the review; the review commissioner.\n- (a) conducted part of a review of a reviewable decision; and\n- (b) under section 42 refuses to further consider the application for the review on the basis that the review commissioner is satisfied, on reasonable grounds, the application is frivolous or vexatious;\n- (a) inform the review commissioner, and all parties to the review, of the commissioner of the police service’s decision on the review; and\n- (b) if the commissioner of the police service decides not to implement the recommendation of the review commissioner—give a brief summary of the reasons for the decision to the following— (i) all parties to the review; (ii) the review commissioner.\n- (i) all parties to the review;\n- (ii) the review commissioner.\n- (i) all parties to the review;\n- (ii) the review commissioner.","sortOrder":66},{"sectionNumber":"pt.11-div.7","sectionType":"division","heading":"Other provisions about review commissioners","content":"## Other provisions about review commissioners","sortOrder":67},{"sectionNumber":"sec.45","sectionType":"section","heading":"Review commissioner dies or is incapable of completing review","content":"### sec.45 Review commissioner dies or is incapable of completing review\n\nThis section applies if a review commissioner—\nstarts to consider an application for a review of a reviewable decision; and\neither—\ndies before recommendations about the application are made; or\nfor any reason is incapable of completing the review.\nAny other review commissioner may review the decision afresh by way of reconsideration on the merits of the case without being affected by the uncompleted review.\n(sec.45-ssec.1) This section applies if a review commissioner— starts to consider an application for a review of a reviewable decision; and either— dies before recommendations about the application are made; or for any reason is incapable of completing the review.\n(sec.45-ssec.2) Any other review commissioner may review the decision afresh by way of reconsideration on the merits of the case without being affected by the uncompleted review.\n- (a) starts to consider an application for a review of a reviewable decision; and\n- (b) either— (i) dies before recommendations about the application are made; or (ii) for any reason is incapable of completing the review.\n- (i) dies before recommendations about the application are made; or\n- (ii) for any reason is incapable of completing the review.\n- (i) dies before recommendations about the application are made; or\n- (ii) for any reason is incapable of completing the review.","sortOrder":68},{"sectionNumber":"sec.46","sectionType":"section","heading":"Remuneration and allowances of review commissioner","content":"### sec.46 Remuneration and allowances of review commissioner\n\nA review commissioner must be paid the remuneration or allowances decided by the Minister from amounts—\nappropriated by Parliament for the department in which the Crime and Corruption Act 2001 is administered; and\npaid by that department to the Crime and Corruption Commission for the commission’s purposes.\n- (a) appropriated by Parliament for the department in which the Crime and Corruption Act 2001 is administered; and\n- (b) paid by that department to the Crime and Corruption Commission for the commission’s purposes.","sortOrder":69},{"sectionNumber":"pt.12","sectionType":"part","heading":"Alcohol tests","content":"# Alcohol tests","sortOrder":70},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Random alcohol tests","content":"## Random alcohol tests","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"When random alcohol test may be conducted without approval of commissioner or deputy commissioner","content":"### sec.47 When random alcohol test may be conducted without approval of commissioner or deputy commissioner\n\nFor section 5A .9(3)(b) of the Act , this section prescribes the criteria for deciding when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.\nThe commissioner must divide all relevant persons into the groups the commissioner considers appropriate.\nThe selection of a group for testing must be performed using a system approved by the commissioner that—\nrandomly selects from the groups the name or other identifier of 1 group; and\nensures 2 or more groups that the commissioner decides are in the same location are not selected on the same day; and\ngives the name or other identifier of the selected group.\nEnough groups must be selected using the system to ensure that, together, the number of relevant persons in the groups selected during each year will, when selected, be at least 10% of the number of persons who were relevant persons at the start of the year.\nA random alcohol test may be conducted without the approval of the commissioner or deputy commissioner only on a relevant person who is—\non duty when required to submit to the test; and\na person of the selected group as it exists at that time.\ns 47 amd 2021 Act No. 12 s 195 s ch 5 pt 2\n(sec.47-ssec.1) For section 5A .9(3)(b) of the Act , this section prescribes the criteria for deciding when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.\n(sec.47-ssec.2) The commissioner must divide all relevant persons into the groups the commissioner considers appropriate.\n(sec.47-ssec.3) The selection of a group for testing must be performed using a system approved by the commissioner that— randomly selects from the groups the name or other identifier of 1 group; and ensures 2 or more groups that the commissioner decides are in the same location are not selected on the same day; and gives the name or other identifier of the selected group.\n(sec.47-ssec.4) Enough groups must be selected using the system to ensure that, together, the number of relevant persons in the groups selected during each year will, when selected, be at least 10% of the number of persons who were relevant persons at the start of the year.\n(sec.47-ssec.5) A random alcohol test may be conducted without the approval of the commissioner or deputy commissioner only on a relevant person who is— on duty when required to submit to the test; and a person of the selected group as it exists at that time.\n- (a) randomly selects from the groups the name or other identifier of 1 group; and\n- (b) ensures 2 or more groups that the commissioner decides are in the same location are not selected on the same day; and\n- (c) gives the name or other identifier of the selected group.\n- (a) on duty when required to submit to the test; and\n- (b) a person of the selected group as it exists at that time.","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"Period within which to conduct random alcohol test","content":"### sec.48 Period within which to conduct random alcohol test\n\nFor section 5A .9(3)(a) of the Act , this section prescribes the criteria for deciding when a random alcohol test may be conducted.\nA random alcohol test may be conducted on a relevant person only within the following period—\nif the relevant person and the nearest authorised person work at the same place or the relevant distance is not over 100km—24 hours after a random alcohol test notice is given for the selected group that includes the relevant person;\nif the relevant distance is over 100km but not over 200km—1 week after a random alcohol test notice is given for the selected group that includes the relevant person;\nif the relevant distance is over 200km but not over 300km—1 month after a random alcohol test notice is given for the selected group that includes the relevant person;\nif the relevant distance is over 300km—6 months after a random alcohol test notice is given for the selected group that includes the relevant person.\nIn this section—\nrelevant distance , if the relevant person and the nearest authorised person do not work at the same place, means the shortest distance by usable road between the place where the relevant person works and the place where the nearest authorised person works.\n(sec.48-ssec.1) For section 5A .9(3)(a) of the Act , this section prescribes the criteria for deciding when a random alcohol test may be conducted.\n(sec.48-ssec.2) A random alcohol test may be conducted on a relevant person only within the following period— if the relevant person and the nearest authorised person work at the same place or the relevant distance is not over 100km—24 hours after a random alcohol test notice is given for the selected group that includes the relevant person; if the relevant distance is over 100km but not over 200km—1 week after a random alcohol test notice is given for the selected group that includes the relevant person; if the relevant distance is over 200km but not over 300km—1 month after a random alcohol test notice is given for the selected group that includes the relevant person; if the relevant distance is over 300km—6 months after a random alcohol test notice is given for the selected group that includes the relevant person.\n(sec.48-ssec.3) In this section— relevant distance , if the relevant person and the nearest authorised person do not work at the same place, means the shortest distance by usable road between the place where the relevant person works and the place where the nearest authorised person works.\n- (a) if the relevant person and the nearest authorised person work at the same place or the relevant distance is not over 100km—24 hours after a random alcohol test notice is given for the selected group that includes the relevant person;\n- (b) if the relevant distance is over 100km but not over 200km—1 week after a random alcohol test notice is given for the selected group that includes the relevant person;\n- (c) if the relevant distance is over 200km but not over 300km—1 month after a random alcohol test notice is given for the selected group that includes the relevant person;\n- (d) if the relevant distance is over 300km—6 months after a random alcohol test notice is given for the selected group that includes the relevant person.","sortOrder":73},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Arranging alcohol tests","content":"## Arranging alcohol tests","sortOrder":74},{"sectionNumber":"sec.49","sectionType":"section","heading":"ADT coordinator and group coordinators","content":"### sec.49 ADT coordinator and group coordinators\n\nThe commissioner may approve an appropriately qualified member of the service as—\nthe alcohol and drug testing coordinator (the ADT coordinator ); or\nthe random alcohol testing local coordinator ( group coordinator ) for a particular group selected under section 47 .\ns 49 amd 2021 Act No. 12 s 195 s ch 5 pt 2\n- (a) the alcohol and drug testing coordinator (the ADT coordinator ); or\n- (b) the random alcohol testing local coordinator ( group coordinator ) for a particular group selected under section 47 .","sortOrder":75},{"sectionNumber":"sec.50","sectionType":"section","heading":"ADT coordinator to notify group coordinator of group’s selection","content":"### sec.50 ADT coordinator to notify group coordinator of group’s selection\n\nThis section applies if the system mentioned in section 47 gives the name or other identifier of a selected group.\nThe ADT coordinator must give the group coordinator a written notice (a random alcohol test notice )—\nstating the name or other identifier of the selected group; and\nrequiring the group coordinator to advise an authorised person of the group that has been selected that the group has been selected for a random alcohol test.\n(sec.50-ssec.1) This section applies if the system mentioned in section 47 gives the name or other identifier of a selected group.\n(sec.50-ssec.2) The ADT coordinator must give the group coordinator a written notice (a random alcohol test notice )— stating the name or other identifier of the selected group; and requiring the group coordinator to advise an authorised person of the group that has been selected that the group has been selected for a random alcohol test.\n- (a) stating the name or other identifier of the selected group; and\n- (b) requiring the group coordinator to advise an authorised person of the group that has been selected that the group has been selected for a random alcohol test.","sortOrder":76},{"sectionNumber":"sec.51","sectionType":"section","heading":"Authorised person to consult with ADT coordinator before requiring particular test","content":"### sec.51 Authorised person to consult with ADT coordinator before requiring particular test\n\nThis section applies if—\nan authorised person knows a relevant person has entered into an agreement under section 5A .21A of the Act for the provision of counselling or rehabilitation about the relevant person’s use of alcohol or a drug; and\nthe agreement has not ended.\nThe authorised person must if reasonably practicable consult with the ADT coordinator before requiring the relevant person to submit to an alcohol test under section 5A .8(c) of the Act .\n(sec.51-ssec.1) This section applies if— an authorised person knows a relevant person has entered into an agreement under section 5A .21A of the Act for the provision of counselling or rehabilitation about the relevant person’s use of alcohol or a drug; and the agreement has not ended.\n(sec.51-ssec.2) The authorised person must if reasonably practicable consult with the ADT coordinator before requiring the relevant person to submit to an alcohol test under section 5A .8(c) of the Act .\n- (a) an authorised person knows a relevant person has entered into an agreement under section 5A .21A of the Act for the provision of counselling or rehabilitation about the relevant person’s use of alcohol or a drug; and\n- (b) the agreement has not ended.","sortOrder":77},{"sectionNumber":"sec.52","sectionType":"section","heading":"When and where relevant person may be recalled to duty for alcohol test","content":"### sec.52 When and where relevant person may be recalled to duty for alcohol test\n\nA relevant person who is not on duty must not be recalled to duty at a place for the purpose of being required to submit to an alcohol test unless—\nthe alcohol test is not a random alcohol test; and\nthe relevant person—\nhas been involved in a critical incident; and\ndoes not live at the place.\n- (a) the alcohol test is not a random alcohol test; and\n- (b) the relevant person— (i) has been involved in a critical incident; and (ii) does not live at the place.\n- (i) has been involved in a critical incident; and\n- (ii) does not live at the place.\n- (i) has been involved in a critical incident; and\n- (ii) does not live at the place.","sortOrder":78},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Procedure for alcohol test and reporting test result","content":"## Procedure for alcohol test and reporting test result","sortOrder":79},{"sectionNumber":"sec.53","sectionType":"section","heading":"Sufficient specimen of breath for testing","content":"### sec.53 Sufficient specimen of breath for testing\n\nThis section applies if an authorised person requires a relevant person to submit to an alcohol test.\nThe authorised person may require the relevant person to blow into the instrument, used to perform the test, on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing.\n(sec.53-ssec.1) This section applies if an authorised person requires a relevant person to submit to an alcohol test.\n(sec.53-ssec.2) The authorised person may require the relevant person to blow into the instrument, used to perform the test, on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing.","sortOrder":80},{"sectionNumber":"sec.54","sectionType":"section","heading":"Claim that alcohol is present in mouth","content":"### sec.54 Claim that alcohol is present in mouth\n\nThis section applies if—\nan authorised person requires a relevant person to submit to an alcohol test; and\nthe relevant person tells the authorised person that—\nalcohol from a stated source is or may be present in the relevant person’s mouth; and\nthe alcohol was taken into the relevant person’s mouth within the last 20 minutes.\nA specimen of the relevant person’s breath may only be taken after 20 minutes have passed since the claim was made.\n(sec.54-ssec.1) This section applies if— an authorised person requires a relevant person to submit to an alcohol test; and the relevant person tells the authorised person that— alcohol from a stated source is or may be present in the relevant person’s mouth; and the alcohol was taken into the relevant person’s mouth within the last 20 minutes.\n(sec.54-ssec.2) A specimen of the relevant person’s breath may only be taken after 20 minutes have passed since the claim was made.\n- (a) an authorised person requires a relevant person to submit to an alcohol test; and\n- (b) the relevant person tells the authorised person that— (i) alcohol from a stated source is or may be present in the relevant person’s mouth; and (ii) the alcohol was taken into the relevant person’s mouth within the last 20 minutes.\n- (i) alcohol from a stated source is or may be present in the relevant person’s mouth; and\n- (ii) the alcohol was taken into the relevant person’s mouth within the last 20 minutes.\n- (i) alcohol from a stated source is or may be present in the relevant person’s mouth; and\n- (ii) the alcohol was taken into the relevant person’s mouth within the last 20 minutes.","sortOrder":81},{"sectionNumber":"sec.55","sectionType":"section","heading":"Breath testing instruments","content":"### sec.55 Breath testing instruments\n\nThis section applies if the commissioner gives a direction that a reading shown by a particular type of instrument approved under section 5A .10(4)(a) of the Act , when used under part 5A of the Act , must be reduced by a stated amount.\nIn deciding whether a relevant person is over the limit applying to the relevant person, the reading shown by the instrument must be reduced by the stated amount.\n(sec.55-ssec.1) This section applies if the commissioner gives a direction that a reading shown by a particular type of instrument approved under section 5A .10(4)(a) of the Act , when used under part 5A of the Act , must be reduced by a stated amount.\n(sec.55-ssec.2) In deciding whether a relevant person is over the limit applying to the relevant person, the reading shown by the instrument must be reduced by the stated amount.","sortOrder":82},{"sectionNumber":"sec.56","sectionType":"section","heading":"Authorised person must report test result","content":"### sec.56 Authorised person must report test result\n\nSubsections (2) and (3) apply if an authorised person requires a relevant person to submit to an alcohol test and the relevant person—\nwas over the limit for alcohol applying to the relevant person when tested; or\nfailed to provide a specimen of breath as required.\nThe authorised person must advise the relevant person, the ADT coordinator and the following person, in writing, of the information mentioned in subsection (3) —\nif a commissioned officer is responsible for supervising the relevant person—the commissioned officer;\nif no commissioned officer is responsible for supervising the relevant person—a commissioned officer nominated by the ADT coordinator.\nThe information is—\nthe concentration of alcohol in the relevant person’s breath when tested; or\nif the relevant person failed to provide a specimen of breath as required—that fact.\nIf a relevant person provided a specimen of breath as required and was not over the limit applying to the relevant person when tested, the authorised person must advise the ADT coordinator, in writing, of that fact.\ns 56 amd 2016 Act No. 43 s 26 ; 2021 Act No. 12 s 195 s ch 5 pt 2\n(sec.56-ssec.1) Subsections (2) and (3) apply if an authorised person requires a relevant person to submit to an alcohol test and the relevant person— was over the limit for alcohol applying to the relevant person when tested; or failed to provide a specimen of breath as required.\n(sec.56-ssec.2) The authorised person must advise the relevant person, the ADT coordinator and the following person, in writing, of the information mentioned in subsection (3) — if a commissioned officer is responsible for supervising the relevant person—the commissioned officer; if no commissioned officer is responsible for supervising the relevant person—a commissioned officer nominated by the ADT coordinator.\n(sec.56-ssec.3) The information is— the concentration of alcohol in the relevant person’s breath when tested; or if the relevant person failed to provide a specimen of breath as required—that fact.\n(sec.56-ssec.4) If a relevant person provided a specimen of breath as required and was not over the limit applying to the relevant person when tested, the authorised person must advise the ADT coordinator, in writing, of that fact.\n- (a) was over the limit for alcohol applying to the relevant person when tested; or\n- (b) failed to provide a specimen of breath as required.\n- (a) if a commissioned officer is responsible for supervising the relevant person—the commissioned officer;\n- (b) if no commissioned officer is responsible for supervising the relevant person—a commissioned officer nominated by the ADT coordinator.\n- (a) the concentration of alcohol in the relevant person’s breath when tested; or\n- (b) if the relevant person failed to provide a specimen of breath as required—that fact.","sortOrder":83},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":84},{"sectionNumber":"sec.57","sectionType":"section","heading":"Form of commissioner’s or deputy commissioner’s approval about submission to random alcohol test","content":"### sec.57 Form of commissioner’s or deputy commissioner’s approval about submission to random alcohol test\n\nThe commissioner or deputy commissioner may give a written approval under section 5A .9(2)(a) of the Act in relation to a relevant person by reference to the persons of a group, or class, as it exists when the relevant person is required to submit to an alcohol test under the approval.\nrelevant persons of a particular work section\nrelevant persons stationed at a particular police station\nrelevant persons who occupy a particular building\nrelevant persons of a particular rank or a particular classification level in the public service\nrelevant persons performing a particular function\nSubsection (1) does not limit the form in which a written approval may be given under section 5A .9(2)(a) of the Act .\n(sec.57-ssec.1) The commissioner or deputy commissioner may give a written approval under section 5A .9(2)(a) of the Act in relation to a relevant person by reference to the persons of a group, or class, as it exists when the relevant person is required to submit to an alcohol test under the approval. relevant persons of a particular work section relevant persons stationed at a particular police station relevant persons who occupy a particular building relevant persons of a particular rank or a particular classification level in the public service relevant persons performing a particular function\n(sec.57-ssec.2) Subsection (1) does not limit the form in which a written approval may be given under section 5A .9(2)(a) of the Act .\n- • relevant persons of a particular work section\n- • relevant persons stationed at a particular police station\n- • relevant persons who occupy a particular building\n- • relevant persons of a particular rank or a particular classification level in the public service\n- • relevant persons performing a particular function","sortOrder":85},{"sectionNumber":"pt.13","sectionType":"part","heading":"Targeted substance tests","content":"# Targeted substance tests","sortOrder":86},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Arranging targeted substance tests","content":"## Arranging targeted substance tests","sortOrder":87},{"sectionNumber":"sec.58","sectionType":"section","heading":"Authorised person to consult with ADT coordinator before requiring particular test","content":"### sec.58 Authorised person to consult with ADT coordinator before requiring particular test\n\nThis section applies if—\nan authorised person knows a relevant person has entered into an agreement under section 5A .21A of the Act for the provision of counselling or rehabilitation about the relevant person’s use of alcohol or a drug; and\nthe agreement has not ended.\nThe authorised person must if reasonably practicable consult with the ADT coordinator before requiring the relevant person to submit to a targeted substance test under section 5A .13(1)(b) of the Act .\n(sec.58-ssec.1) This section applies if— an authorised person knows a relevant person has entered into an agreement under section 5A .21A of the Act for the provision of counselling or rehabilitation about the relevant person’s use of alcohol or a drug; and the agreement has not ended.\n(sec.58-ssec.2) The authorised person must if reasonably practicable consult with the ADT coordinator before requiring the relevant person to submit to a targeted substance test under section 5A .13(1)(b) of the Act .\n- (a) an authorised person knows a relevant person has entered into an agreement under section 5A .21A of the Act for the provision of counselling or rehabilitation about the relevant person’s use of alcohol or a drug; and\n- (b) the agreement has not ended.","sortOrder":88},{"sectionNumber":"sec.59","sectionType":"section","heading":"Deciding time and place for targeted substance test on operative","content":"### sec.59 Deciding time and place for targeted substance test on operative\n\nAn authorised person must, in deciding the time and place for performing a targeted substance test on a relevant person who is an operative, consider—\nthe safety of the relevant person; and\nthe effect requiring the relevant person to submit to the test at a particular time and place may have on any operation in which the relevant person is taking part.\n- (a) the safety of the relevant person; and\n- (b) the effect requiring the relevant person to submit to the test at a particular time and place may have on any operation in which the relevant person is taking part.","sortOrder":89},{"sectionNumber":"sec.60","sectionType":"section","heading":"When and where relevant person may be recalled to duty for targeted substance test","content":"### sec.60 When and where relevant person may be recalled to duty for targeted substance test\n\nA relevant person who is not on duty must not be recalled to duty at a place for the purpose of being required to submit to a targeted substance test unless—\neither—\nthe relevant person has been involved in a critical incident; or\nan authorised person reasonably suspects the relevant person has contravened section 5A .12 of the Act when the relevant person was on duty; and\nthe relevant person does not live at the place.\n- (a) either— (i) the relevant person has been involved in a critical incident; or (ii) an authorised person reasonably suspects the relevant person has contravened section 5A .12 of the Act when the relevant person was on duty; and\n- (i) the relevant person has been involved in a critical incident; or\n- (ii) an authorised person reasonably suspects the relevant person has contravened section 5A .12 of the Act when the relevant person was on duty; and\n- (b) the relevant person does not live at the place.\n- (i) the relevant person has been involved in a critical incident; or\n- (ii) an authorised person reasonably suspects the relevant person has contravened section 5A .12 of the Act when the relevant person was on duty; and","sortOrder":90},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Procedure for targeted substance test and reporting test result","content":"## Procedure for targeted substance test and reporting test result","sortOrder":91},{"sectionNumber":"sec.61","sectionType":"section","heading":"Relevant person to advise details of medication etc.","content":"### sec.61 Relevant person to advise details of medication etc.\n\nThis section applies if an authorised person requires a relevant person to provide a specimen of urine or saliva for a targeted substance test.\nBefore providing the specimen the relevant person must, unless the relevant person has a reasonable excuse, advise the commissioner in the approved form of the information mentioned in subsection (3) .\nThe information is—\nany medication or other substance that—\nmay result in there being evidence of a targeted substance in the relevant person’s urine or saliva when tested; or\nmay otherwise affect the result of the targeted substance test; and\na substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance\nany incident that may affect the result of the targeted substance test.\nIt is a reasonable excuse for the relevant person to fail to comply with subsection (2) if complying with the requirement might tend to incriminate the relevant person.\nThe relevant person must give the authorised person the completed approved form as soon as is reasonably practicable.\nIf the relevant person gives the authorised person the completed approved form, the authorised person must give it to the ADT coordinator.\ns 61 amd 2016 Act No. 43 s 26 ; 2021 Act No. 12 s 195 s ch 5 pt 2 ; 2022 Act No. 4 s 26\n(sec.61-ssec.1) This section applies if an authorised person requires a relevant person to provide a specimen of urine or saliva for a targeted substance test.\n(sec.61-ssec.2) Before providing the specimen the relevant person must, unless the relevant person has a reasonable excuse, advise the commissioner in the approved form of the information mentioned in subsection (3) .\n(sec.61-ssec.3) The information is— any medication or other substance that— may result in there being evidence of a targeted substance in the relevant person’s urine or saliva when tested; or may otherwise affect the result of the targeted substance test; and a substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance any incident that may affect the result of the targeted substance test.\n(sec.61-ssec.4) It is a reasonable excuse for the relevant person to fail to comply with subsection (2) if complying with the requirement might tend to incriminate the relevant person.\n(sec.61-ssec.5) The relevant person must give the authorised person the completed approved form as soon as is reasonably practicable.\n(sec.61-ssec.6) If the relevant person gives the authorised person the completed approved form, the authorised person must give it to the ADT coordinator.\n- (a) any medication or other substance that— (i) may result in there being evidence of a targeted substance in the relevant person’s urine or saliva when tested; or (ii) may otherwise affect the result of the targeted substance test; and Example for subparagraph (ii) — a substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance\n- (i) may result in there being evidence of a targeted substance in the relevant person’s urine or saliva when tested; or\n- (ii) may otherwise affect the result of the targeted substance test; and Example for subparagraph (ii) — a substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance\n- (b) any incident that may affect the result of the targeted substance test.\n- (i) may result in there being evidence of a targeted substance in the relevant person’s urine or saliva when tested; or\n- (ii) may otherwise affect the result of the targeted substance test; and Example for subparagraph (ii) — a substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance","sortOrder":92},{"sectionNumber":"sec.62","sectionType":"section","heading":"If relevant person claims to be unable to provide specimen because of a medical condition","content":"### sec.62 If relevant person claims to be unable to provide specimen because of a medical condition\n\nThis section applies if a relevant person—\nis required by an authorised person to provide a specimen of urine or saliva for a targeted substance test; and\ntells the authorised tester to whom the specimen is required to be provided under section 5A .14 of the Act that the relevant person is unable to provide the required specimen because of a medical condition.\nThe relevant person must immediately advise the authorised person that the relevant person is unable to provide the required specimen because of a medical condition.\nThe relevant person must also give the following information to the authorised tester—\nthe name, if known, and nature of the medical condition;\nhow the medical condition affects the relevant person’s ability to provide a specimen of urine or saliva;\nhow long the relevant person has had the medical condition;\nthe name and address of any doctor treating the medical condition.\ns 62 amd 2022 Act No. 4 s 27\n(sec.62-ssec.1) This section applies if a relevant person— is required by an authorised person to provide a specimen of urine or saliva for a targeted substance test; and tells the authorised tester to whom the specimen is required to be provided under section 5A .14 of the Act that the relevant person is unable to provide the required specimen because of a medical condition.\n(sec.62-ssec.2) The relevant person must immediately advise the authorised person that the relevant person is unable to provide the required specimen because of a medical condition.\n(sec.62-ssec.3) The relevant person must also give the following information to the authorised tester— the name, if known, and nature of the medical condition; how the medical condition affects the relevant person’s ability to provide a specimen of urine or saliva; how long the relevant person has had the medical condition; the name and address of any doctor treating the medical condition.\n- (a) is required by an authorised person to provide a specimen of urine or saliva for a targeted substance test; and\n- (b) tells the authorised tester to whom the specimen is required to be provided under section 5A .14 of the Act that the relevant person is unable to provide the required specimen because of a medical condition.\n- (a) the name, if known, and nature of the medical condition;\n- (b) how the medical condition affects the relevant person’s ability to provide a specimen of urine or saliva;\n- (c) how long the relevant person has had the medical condition;\n- (d) the name and address of any doctor treating the medical condition.","sortOrder":93},{"sectionNumber":"sec.63","sectionType":"section","heading":"Water may be drunk if relevant person claims to be unable to immediately provide urine specimen","content":"### sec.63 Water may be drunk if relevant person claims to be unable to immediately provide urine specimen\n\nThis section applies if a relevant person—\nis required by an authorised person to provide a specimen of urine for a targeted substance test; and\ntells the doctor or registered nurse to whom the specimen is required to be provided that the relevant person is unable to immediately provide the specimen.\nThe doctor or registered nurse may—\nallow the relevant person to drink up to 500mL of water as soon as is reasonably practicable; and\ndirect the relevant person to provide the specimen within 1 hour after drinking the water.\ns 63 amd 2022 Act No. 4 s 28\n(sec.63-ssec.1) This section applies if a relevant person— is required by an authorised person to provide a specimen of urine for a targeted substance test; and tells the doctor or registered nurse to whom the specimen is required to be provided that the relevant person is unable to immediately provide the specimen.\n(sec.63-ssec.2) The doctor or registered nurse may— allow the relevant person to drink up to 500mL of water as soon as is reasonably practicable; and direct the relevant person to provide the specimen within 1 hour after drinking the water.\n- (a) is required by an authorised person to provide a specimen of urine for a targeted substance test; and\n- (b) tells the doctor or registered nurse to whom the specimen is required to be provided that the relevant person is unable to immediately provide the specimen.\n- (a) allow the relevant person to drink up to 500mL of water as soon as is reasonably practicable; and\n- (b) direct the relevant person to provide the specimen within 1 hour after drinking the water.","sortOrder":94},{"sectionNumber":"sec.64","sectionType":"section","heading":"Requirements about collecting and dealing with urine or saliva specimens— Act , s 5A 0.14","content":"### sec.64 Requirements about collecting and dealing with urine or saliva specimens— Act , s 5A 0.14\n\nSubsection (2) prescribes for section 5A .14 of the Act requirements about the collection of urine or saliva specimens.\nA person involved in the collection of urine or saliva specimens must comply with the requirements in the standard about the collection of drugs of abuse in human urine or saliva as if the requirements applied to a urine or saliva specimen for a targeted substance test.\nSubsection (4) prescribes for section 5A .14 of the Act the way a specimen of urine or saliva collected under that section must be dealt with.\nA person involved in dealing with the specimen must comply with the requirements in the standard about the way a specimen of human urine or saliva must be dealt with after it has been collected as if the requirements applied to a urine or saliva specimen for a targeted substance test.\nSubsection (2) or (4) applies subject to any direction by the commissioner under section 4 .9 of the Act .\nIn this section—\nstandard means—\nfor collecting or dealing with a specimen of urine—joint Standards Australia and Standards New Zealand standard AS/NZS 4308:2008, section 2 ; or\nfor collecting or dealing with a specimen of saliva—joint Standards Australia and Standards New Zealand standard AS/NZS 4760:2019.\ns 64 amd 2022 Act No. 4 s 29\n(sec.64-ssec.1) Subsection (2) prescribes for section 5A .14 of the Act requirements about the collection of urine or saliva specimens.\n(sec.64-ssec.2) A person involved in the collection of urine or saliva specimens must comply with the requirements in the standard about the collection of drugs of abuse in human urine or saliva as if the requirements applied to a urine or saliva specimen for a targeted substance test.\n(sec.64-ssec.3) Subsection (4) prescribes for section 5A .14 of the Act the way a specimen of urine or saliva collected under that section must be dealt with.\n(sec.64-ssec.4) A person involved in dealing with the specimen must comply with the requirements in the standard about the way a specimen of human urine or saliva must be dealt with after it has been collected as if the requirements applied to a urine or saliva specimen for a targeted substance test.\n(sec.64-ssec.5) Subsection (2) or (4) applies subject to any direction by the commissioner under section 4 .9 of the Act .\n(sec.64-ssec.6) In this section— standard means— for collecting or dealing with a specimen of urine—joint Standards Australia and Standards New Zealand standard AS/NZS 4308:2008, section 2 ; or for collecting or dealing with a specimen of saliva—joint Standards Australia and Standards New Zealand standard AS/NZS 4760:2019.\n- (a) for collecting or dealing with a specimen of urine—joint Standards Australia and Standards New Zealand standard AS/NZS 4308:2008, section 2 ; or\n- (b) for collecting or dealing with a specimen of saliva—joint Standards Australia and Standards New Zealand standard AS/NZS 4760:2019.","sortOrder":95},{"sectionNumber":"sec.65","sectionType":"section","heading":"Advice by commissioner to relevant person of test result","content":"### sec.65 Advice by commissioner to relevant person of test result\n\nThis section applies if an authorised person requires a relevant person to submit to a targeted substance test.\nThe commissioner must at the required time advise the relevant person in writing of the required information.\nFor subsection (2) , the required time is—\nif the relevant person provided a specimen of urine or saliva—as soon as is reasonably practicable after the test finished; or\nif the relevant person failed to provide a specimen of urine or saliva—as soon as is reasonably practicable after the failure.\nFor the result of a failure to provide a specimen of urine or saliva, see section 5A .15 of the Act .\nAlso, for subsection (2) , the required information is—\nif the relevant person provided a specimen of urine or saliva—\nwhether the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested; and\nif the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested—the targeted substance; or\nif the relevant person failed to provide a specimen of urine or saliva—that fact.\ns 65 amd 2016 Act No. 43 s 26 ; 2021 Act No. 12 s 195 s ch 5 pt 2 ; 2022 Act No. 4 s 30\n(sec.65-ssec.1) This section applies if an authorised person requires a relevant person to submit to a targeted substance test.\n(sec.65-ssec.2) The commissioner must at the required time advise the relevant person in writing of the required information.\n(sec.65-ssec.3) For subsection (2) , the required time is— if the relevant person provided a specimen of urine or saliva—as soon as is reasonably practicable after the test finished; or if the relevant person failed to provide a specimen of urine or saliva—as soon as is reasonably practicable after the failure. For the result of a failure to provide a specimen of urine or saliva, see section 5A .15 of the Act .\n(sec.65-ssec.4) Also, for subsection (2) , the required information is— if the relevant person provided a specimen of urine or saliva— whether the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested; and if the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested—the targeted substance; or if the relevant person failed to provide a specimen of urine or saliva—that fact.\n- (a) if the relevant person provided a specimen of urine or saliva—as soon as is reasonably practicable after the test finished; or\n- (b) if the relevant person failed to provide a specimen of urine or saliva—as soon as is reasonably practicable after the failure. Note— For the result of a failure to provide a specimen of urine or saliva, see section 5A .15 of the Act .\n- (a) if the relevant person provided a specimen of urine or saliva— (i) whether the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested; and (ii) if the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested—the targeted substance; or\n- (i) whether the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested; and\n- (ii) if the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested—the targeted substance; or\n- (b) if the relevant person failed to provide a specimen of urine or saliva—that fact.\n- (i) whether the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested; and\n- (ii) if the relevant person had evidence of a targeted substance in the relevant person’s urine or saliva when tested—the targeted substance; or","sortOrder":96},{"sectionNumber":"pt.14","sectionType":"part","heading":"Self-reporting for counselling or rehabilitation in relation to alcohol or drug use","content":"# Self-reporting for counselling or rehabilitation in relation to alcohol or drug use","sortOrder":97},{"sectionNumber":"sec.66","sectionType":"section","heading":"Agreements about counselling or rehabilitation","content":"### sec.66 Agreements about counselling or rehabilitation\n\nFor section 5A .21A(1) of the Act , each of the following persons is prescribed as a person to whom a request for the provision of counselling or rehabilitation may be made under that provision—\nthe ADT coordinator;\na member of the service approved by the commissioner for this part.\nFor section 5A .21A(6) of the Act , the following matters must be included in an agreement under section 5A.21A of the Act —\nthe counselling or rehabilitation to be provided under the agreement;\nif the request is by a member of the service, that the service will pay the cost of the counselling or rehabilitation;\nthe ADT coordinator may at any time review the agreement;\nthe agreement may be changed only with the written agreement of the parties;\nthe agreement ends on the earliest of the following days—\nthe day the agreement expires;\nthe day a party gives written notice ending the agreement to the other party;\nthe day the member stops being a member of the service.\nThe agreement may also include provisions about the testing of the member for alcohol or drugs.\ns 66 amd 2016 Act No. 43 s 26 ; 2021 Act No. 12 s 195 s ch 5 pt 2 ; 2024 Act No. 18 s 39 sch 1\n(sec.66-ssec.1) For section 5A .21A(1) of the Act , each of the following persons is prescribed as a person to whom a request for the provision of counselling or rehabilitation may be made under that provision— the ADT coordinator; a member of the service approved by the commissioner for this part.\n(sec.66-ssec.2) For section 5A .21A(6) of the Act , the following matters must be included in an agreement under section 5A.21A of the Act — the counselling or rehabilitation to be provided under the agreement; if the request is by a member of the service, that the service will pay the cost of the counselling or rehabilitation; the ADT coordinator may at any time review the agreement; the agreement may be changed only with the written agreement of the parties; the agreement ends on the earliest of the following days— the day the agreement expires; the day a party gives written notice ending the agreement to the other party; the day the member stops being a member of the service.\n(sec.66-ssec.3) The agreement may also include provisions about the testing of the member for alcohol or drugs.\n- (a) the ADT coordinator;\n- (b) a member of the service approved by the commissioner for this part.\n- (a) the counselling or rehabilitation to be provided under the agreement;\n- (b) if the request is by a member of the service, that the service will pay the cost of the counselling or rehabilitation;\n- (c) the ADT coordinator may at any time review the agreement;\n- (d) the agreement may be changed only with the written agreement of the parties;\n- (e) the agreement ends on the earliest of the following days— (i) the day the agreement expires; (ii) the day a party gives written notice ending the agreement to the other party; (iii) the day the member stops being a member of the service.\n- (i) the day the agreement expires;\n- (ii) the day a party gives written notice ending the agreement to the other party;\n- (iii) the day the member stops being a member of the service.\n- (i) the day the agreement expires;\n- (ii) the day a party gives written notice ending the agreement to the other party;\n- (iii) the day the member stops being a member of the service.","sortOrder":98},{"sectionNumber":"pt.15","sectionType":"part","heading":"Exchange of policing information","content":"# Exchange of policing information","sortOrder":99},{"sectionNumber":"sec.67","sectionType":"section","heading":"Approved agencies— Act , s 10 .2G","content":"### sec.67 Approved agencies— Act , s 10 .2G\n\nFor section 10 .2G of the Act , definition approved agency , each of the following entities is an approved agency—\nAustralian Crime Commission;\nAustralian Federal Police;\nAustralian Security Intelligence Organisation;\nAustralian Transaction Reports and Analysis Centre;\nCrime and Corruption Commission;\nimmigration and border protection department;\nOffice of the Director of Public Prosecutions;\nthe Australian Defence Force continued in existence under the Defence Act 1903 (Cwlth) ;\nthe Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry established under the Commissions of Inquiry Act 1950 ;\nthe Parole Board Queensland established under the Corrective Services Act 2006 ;\nthe Parole Board Queensland Secretariat established under the Corrective Services Act 2006 ;\nthe department in which the Child Protection Act 1999 is administered;\nthe department in which the Corrective Services Act 2006 is administered;\nthe department in which the Statistical Returns Act 1896 is administered;\nthe Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law , section 23 ;\nthe Office of the Health Ombudsman established under the Health Ombudsman Act 2013 , section 253 ;\nthe NSW Police Force established under the Police Act 1990 (NSW) ;\nthe Police Force under the Police Act 1892 (WA) ;\nthe Police Force of the Northern Territory established under the Police Administration Act 1978 (NT) ;\nthe Police Service established under the Police Service Act 2003 (Tas) ;\nSouth Australia Police under the Police Act 1998 (SA) ;\nVictoria Police established under the Victoria Police Act 2013 (Vic) .\ns 67 amd 2017 SL No. 234 s 3 ; 2019 SL No. 44 s 3 ; 2020 SL No. 35 s 3 ; 2020 SL No. 211 s 3 ; 2021 Act No. 12 s 195 s ch 5 pt 2 ; 2025 SL No. 134 s 3 ; 2026 Act No. 4 s 48\n- (a) Australian Crime Commission;\n- (b) Australian Federal Police;\n- (c) Australian Security Intelligence Organisation;\n- (d) Australian Transaction Reports and Analysis Centre;\n- (e) Crime and Corruption Commission;\n- (f) immigration and border protection department;\n- (g) Office of the Director of Public Prosecutions;\n- (h) the Australian Defence Force continued in existence under the Defence Act 1903 (Cwlth) ;\n- (i) the Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry established under the Commissions of Inquiry Act 1950 ;\n- (j) the Parole Board Queensland established under the Corrective Services Act 2006 ;\n- (k) the Parole Board Queensland Secretariat established under the Corrective Services Act 2006 ;\n- (l) the department in which the Child Protection Act 1999 is administered;\n- (m) the department in which the Corrective Services Act 2006 is administered;\n- (n) the department in which the Statistical Returns Act 1896 is administered;\n- (o) the Australian Health Practitioner Regulation Agency established under the Health Practitioner Regulation National Law , section 23 ;\n- (p) the Office of the Health Ombudsman established under the Health Ombudsman Act 2013 , section 253 ;\n- (q) the NSW Police Force established under the Police Act 1990 (NSW) ;\n- (r) the Police Force under the Police Act 1892 (WA) ;\n- (s) the Police Force of the Northern Territory established under the Police Administration Act 1978 (NT) ;\n- (t) the Police Service established under the Police Service Act 2003 (Tas) ;\n- (u) South Australia Police under the Police Act 1998 (SA) ;\n- (v) Victoria Police established under the Victoria Police Act 2013 (Vic) .","sortOrder":100},{"sectionNumber":"sec.68","sectionType":"section","heading":"Approved information— Act , s 10 .2G","content":"### sec.68 Approved information— Act , s 10 .2G\n\nFor section 10 .2G of the Act , definition approved information , information mentioned in schedule 2 that is in a QPS database is prescribed.","sortOrder":101},{"sectionNumber":"sec.69","sectionType":"section","heading":"Law enforcement agencies— Act , s 10 .2G","content":"### sec.69 Law enforcement agencies— Act , s 10 .2G\n\nFor section 10 .2G of the Act , definition law enforcement agency , each of the following entities is a law enforcement agency—\nAustralian Crime Commission;\nAustralian Security Intelligence Organisation;\nCrime and Corruption Commission;\nimmigration and border protection department.\n- (a) Australian Crime Commission;\n- (b) Australian Security Intelligence Organisation;\n- (c) Crime and Corruption Commission;\n- (d) immigration and border protection department.","sortOrder":102},{"sectionNumber":"pt.16","sectionType":"part","heading":"Exchange of criminal history for particular employment screening","content":"# Exchange of criminal history for particular employment screening","sortOrder":103},{"sectionNumber":"sec.70","sectionType":"section","heading":"Interstate screening units— Act , s 10 .2S","content":"### sec.70 Interstate screening units— Act , s 10 .2S\n\nFor section 10 .2S of the Act , definition interstate screening unit , paragraph (a) , each of the following entities is prescribed—\nthe central assessment unit under the Child Safety (Prohibited Persons) Act 2016 (SA) ;\nthe CEO under the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA) ;\nthe CEO under the Working with Children (Criminal Record Checking) Act 2004 (WA) ;\nthe Children’s Guardian as mentioned in the Child Protection (Working with Children) Act 2012 (NSW) ;\nthe commissioner under the Working with Vulnerable People (Background Checking) Act 2011 (ACT) ;\nthe Registrar under the Registration to Work with Vulnerable People Act 2013 (Tas) ;\nthe Screening Agency under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) ;\nthe Screening Agency under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT) ;\nthe Screening Authority established under the Care and Protection of Children Act (NT) ;\nthe Secretary under the Worker Screening Act 2020 (Vic) ;\nthe Secretary under the Working with Children Act 2005 (Vic) ;\nthe Victorian Institute of Teaching established under the Education and Training Reform Act 2006 (Vic) .\ns 70 amd 2019 SL No. 125 s 13 ; 2019 SL No. 185 s 5 ; 2021 SL No. 2 s 18\n- (a) the central assessment unit under the Child Safety (Prohibited Persons) Act 2016 (SA) ;\n- (b) the CEO under the National Disability Insurance Scheme (Worker Screening) Act 2020 (WA) ;\n- (c) the CEO under the Working with Children (Criminal Record Checking) Act 2004 (WA) ;\n- (d) the Children’s Guardian as mentioned in the Child Protection (Working with Children) Act 2012 (NSW) ;\n- (e) the commissioner under the Working with Vulnerable People (Background Checking) Act 2011 (ACT) ;\n- (f) the Registrar under the Registration to Work with Vulnerable People Act 2013 (Tas) ;\n- (g) the Screening Agency under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) ;\n- (h) the Screening Agency under the National Disability Insurance Scheme (Worker Clearance) Act 2020 (NT) ;\n- (i) the Screening Authority established under the Care and Protection of Children Act (NT) ;\n- (j) the Secretary under the Worker Screening Act 2020 (Vic) ;\n- (k) the Secretary under the Working with Children Act 2005 (Vic) ;\n- (l) the Victorian Institute of Teaching established under the Education and Training Reform Act 2006 (Vic) .","sortOrder":104},{"sectionNumber":"pt.17","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":105},{"sectionNumber":"sec.71","sectionType":"section","heading":"Queensland Police Gazette","content":"### sec.71 Queensland Police Gazette\n\nThe commissioner must ensure the Queensland Police Gazette is published on a regular basis.","sortOrder":106},{"sectionNumber":"sec.72","sectionType":"section","heading":"External service providers","content":"### sec.72 External service providers\n\nFor schedule 2 of the Act , definition external service provider , paragraph (c) , a person or class of persons employed in any of the following entities is declared to be an external service provider for part 5AA of the Act —\nCITEC;\nData and AI;\nQueensland Shared Services;\nSmart Service Queensland.\ns 72 sub 2023 Act No. 7 s 63\namd 2025 SL No. 165 s 9\n- (a) CITEC;\n- (b) Data and AI;\n- (c) Queensland Shared Services;\n- (d) Smart Service Queensland.","sortOrder":107},{"sectionNumber":"sec.73","sectionType":"section","heading":"Transfer of surplus gifts, contributions or other money on revocation of endorsement as deductible gift recipient","content":"### sec.73 Transfer of surplus gifts, contributions or other money on revocation of endorsement as deductible gift recipient\n\nThis section applies if the service’s endorsement as a deductible gift recipient under the Income Tax Assessment Act 1997 (Cwlth) is revoked under that Act.\nThe commissioner must, on behalf of the service, transfer to another entity that is endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 (Cwlth) and has similar purposes for which the service was endorsed as a deductible gift recipient any surplus gifts, contributions or other money mentioned in section 30 -125(6)(b) of that Act.\ns 73 prev s 73 om 2017 SL No. 86 s 9\npres s 73 ins 2024 SL No. 205 s 3\n(sec.73-ssec.1) This section applies if the service’s endorsement as a deductible gift recipient under the Income Tax Assessment Act 1997 (Cwlth) is revoked under that Act.\n(sec.73-ssec.2) The commissioner must, on behalf of the service, transfer to another entity that is endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 (Cwlth) and has similar purposes for which the service was endorsed as a deductible gift recipient any surplus gifts, contributions or other money mentioned in section 30 -125(6)(b) of that Act.","sortOrder":108},{"sectionNumber":"pt.18","sectionType":"part","heading":"Repeals and transitional provisions","content":"# Repeals and transitional provisions","sortOrder":109},{"sectionNumber":"pt.18-div.1","sectionType":"division","heading":"Repeals","content":"## Repeals","sortOrder":110},{"sectionNumber":"sec.74","sectionType":"section","heading":"Regulations repealed","content":"### sec.74 Regulations repealed\n\nThe following regulations are repealed—\nPolice Service Administration Regulation 1990\nPolice Service Administration (Review of Decisions) Regulation 1990\nPolice Service (Ranks) Regulation 1991 , SL No. 55.\n- • Police Service Administration Regulation 1990\n- • Police Service Administration (Review of Decisions) Regulation 1990\n- • Police Service (Ranks) Regulation 1991 , SL No. 55.","sortOrder":111},{"sectionNumber":"pt.18-div.2","sectionType":"division","heading":"Transitional provisions for Police Service Administration Regulation 2016","content":"## Transitional provisions for Police Service Administration Regulation 2016","sortOrder":112},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Definition for division","content":"### sec.74A Definition for division\n\nIn this division—\nrepealed administration regulation means the repealed Police Service Administration Regulation 1990 as in force at any relevant time.\ns 74A ins 2017 SL No. 86 s 10","sortOrder":113},{"sectionNumber":"sec.75","sectionType":"section","heading":"Existing vacancies advertised but not filled","content":"### sec.75 Existing vacancies advertised but not filled\n\nThis section applies if, immediately before the commencement—\na notification about a vacancy in the service had been published in the Queensland Police Gazette under the repealed administration regulation, section 4.2 or 4.9; and\nthe vacancy had not been filled.\nThe repealed administration regulation, part 4 continues to apply in relation to the vacancy as if this regulation had not been made.\n(sec.75-ssec.1) This section applies if, immediately before the commencement— a notification about a vacancy in the service had been published in the Queensland Police Gazette under the repealed administration regulation, section 4.2 or 4.9; and the vacancy had not been filled.\n(sec.75-ssec.2) The repealed administration regulation, part 4 continues to apply in relation to the vacancy as if this regulation had not been made.\n- (a) a notification about a vacancy in the service had been published in the Queensland Police Gazette under the repealed administration regulation, section 4.2 or 4.9; and\n- (b) the vacancy had not been filled.","sortOrder":114},{"sectionNumber":"sec.76","sectionType":"section","heading":"Existing ADA State coordinator","content":"### sec.76 Existing ADA State coordinator\n\nThis section applies if, immediately before the commencement, a person was authorised to be an ADA State coordinator under the repealed administration regulation, section 7A.3(1)(b).\nThe person is taken to be the ADT coordinator until the commissioner revokes the commissioner’s authorisation of the person as the ADT coordinator.\n(sec.76-ssec.1) This section applies if, immediately before the commencement, a person was authorised to be an ADA State coordinator under the repealed administration regulation, section 7A.3(1)(b).\n(sec.76-ssec.2) The person is taken to be the ADT coordinator until the commissioner revokes the commissioner’s authorisation of the person as the ADT coordinator.","sortOrder":115},{"sectionNumber":"sec.77","sectionType":"section","heading":"References to ADA State coordinator","content":"### sec.77 References to ADA State coordinator\n\nIn an Act or other document, a reference to the ADA State coordinator may, if the context permits, be taken to be a reference to the ADT coordinator.","sortOrder":116},{"sectionNumber":"sec.78","sectionType":"section","heading":"Existing agreement between commissioner and member of the service for counselling or rehabilitation services","content":"### sec.78 Existing agreement between commissioner and member of the service for counselling or rehabilitation services\n\nThis section applies if, immediately before the commencement, an agreement was in force under the repealed administration regulation, section 7C.1.\nThe agreement is taken to have been made under section 5A.21A(3) of the Act .\n(sec.78-ssec.1) This section applies if, immediately before the commencement, an agreement was in force under the repealed administration regulation, section 7C.1.\n(sec.78-ssec.2) The agreement is taken to have been made under section 5A.21A(3) of the Act .","sortOrder":117},{"sectionNumber":"sec.79","sectionType":"section","heading":"Existing agreement between PSBA chief operating officer and relevant PSBA employee for counselling or rehabilitation services","content":"### sec.79 Existing agreement between PSBA chief operating officer and relevant PSBA employee for counselling or rehabilitation services\n\nThis section applies if, immediately before the commencement, an agreement was in force under the repealed administration regulation, section 7C.1A.\nThe agreement is taken to have been made under section 5A.21A(4) of the Act .\ns 79 amd 2016 Act No. 43 s 26\n(sec.79-ssec.1) This section applies if, immediately before the commencement, an agreement was in force under the repealed administration regulation, section 7C.1A.\n(sec.79-ssec.2) The agreement is taken to have been made under section 5A.21A(4) of the Act .","sortOrder":118},{"sectionNumber":"sec.80","sectionType":"section","heading":"References to repealed regulations","content":"### sec.80 References to repealed regulations\n\nA reference in an Act or other document to a repealed regulation mentioned in section 74 may, if the context permits, be taken to be a reference to this regulation.","sortOrder":119},{"sectionNumber":"pt.18-div.3","sectionType":"division","heading":"Transitional provision for Weapons and Other Legislation Amendment Regulation 2017","content":"## Transitional provision for Weapons and Other Legislation Amendment Regulation 2017","sortOrder":120},{"sectionNumber":"sec.81","sectionType":"section","heading":"Former Queensland Police Service Valour Award is taken to be Valour Medal","content":"### sec.81 Former Queensland Police Service Valour Award is taken to be Valour Medal\n\nThis section applies to a Queensland Police Service Valour Award awarded to a person, under a former awards provision, for having performed an act.\nThe Queensland Police Service Valour Award is taken to be a Valour Medal awarded to the person for having performed the act.\nIf the person has been given, under a former awards provision, a Silver Bar to the person’s Queensland Police Service Valour Award, the person is taken to have been given a Silver Bar to the person’s Valour Medal.\nIn this section—\nformer awards provision means—\npart 10 as in force at any time before the commencement; or\nthe repealed Police Service Administration Regulation 1990 as in force at any time.\ns 81 ins 2017 SL No. 86 s 11\n(sec.81-ssec.1) This section applies to a Queensland Police Service Valour Award awarded to a person, under a former awards provision, for having performed an act.\n(sec.81-ssec.2) The Queensland Police Service Valour Award is taken to be a Valour Medal awarded to the person for having performed the act.\n(sec.81-ssec.3) If the person has been given, under a former awards provision, a Silver Bar to the person’s Queensland Police Service Valour Award, the person is taken to have been given a Silver Bar to the person’s Valour Medal.\n(sec.81-ssec.4) In this section— former awards provision means— part 10 as in force at any time before the commencement; or the repealed Police Service Administration Regulation 1990 as in force at any time.\n- (a) part 10 as in force at any time before the commencement; or\n- (b) the repealed Police Service Administration Regulation 1990 as in force at any time.","sortOrder":121}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation consolidates and updates operational and administrative procedures for the Queensland Police Service and repeals earlier regulations, while transitional provisions preserve existing vacancies, authorisations and agreements. The text does not itself expand or narrow the statutory scope conferred by the underlying Act; it implements procedural detail, allocates internal discretion and prescribes standards and reporting obligations."},"complexity_factors":["Extensive cross-references to the Police Service Act and multiple other statutes (Crime and Corruption Act, Industrial Relations Act, Standards, federal Acts)","Detailed procedural rules (timings, percent targets, distance bands) for random alcohol testing and targeted substance testing","Significant administrative discretion conferred on the commissioner and authorised officers","Interlocking review processes with external involvement (Crime and Corruption Commission) and formal secrecy orders","Incorporation by reference of technical standards (AS/NZS 4308:2008, AS/NZS 4760:2019)","Transitional provisions and repeal of multiple predecessor regulations creating continuity and interpretive complexity"],"plain_english_summary":"This regulation prescribes administrative and operational procedures for the Queensland Police Service, including oath and affirmation forms, rules for appointment, promotion and transfer, performance appraisal and review processes, awards, alcohol and drug testing procedures (with sampling standards and random-selection criteria), information‑sharing with approved agencies, and transitional arrangements. It affects officers, applicants, designated coordinators, the commissioner and specified external or interstate bodies.\n\nMechanically the instrument vests broad decision‑making discretion in the commissioner, assigns compliance, record‑keeping and testing duties to officers, and makes the service liable for certain costs (for example, approved counselling under specified agreements)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.17(4) and sec.17(5)(b)(iii)","severity":"high","reasoning":"Section 17(4) mandates the commissioner presume an officer lacks integrity when a credible, serious complaint exists. Section 17(5)(b)(iii) ends that presumption when a prosecution is 'started'. Starting a prosecution is a stronger indicator of concern than a mere complaint, yet it removes the presumption. The officer could theoretically be promoted while facing criminal prosecution, directly undermining the integrity safeguard the section was designed to create.","confidence":0.82,"description":"The mandatory presumption against an officer's integrity is lifted upon 'starting a prosecution' — meaning the mere commencement of criminal proceedings (not conviction or acquittal) ends the presumption. This is logically inverted: a prosecution commencing is evidence the complaint has substance, yet it terminates the protective presumption against promotion, potentially allowing promotion of an officer facing serious criminal charges."},{"type":"self_contradicting","section":"sec.11(4) and sec.11(5)","severity":"medium","reasoning":"A promotion ordinarily involves permanently advancing in rank. Allowing promotion to a rank held only contingently on occupying a specific position contradicts the conventional meaning of promotion and creates an officer holding a rank without substantively holding that rank. The commissioner can 'decide otherwise' but this is entirely discretionary, leaving the default as a rank that evaporates upon leaving the position.","confidence":0.75,"description":"An officer who fails to meet stated criteria can be appointed on promotion under s.11(4), but s.11(5) provides they can only hold the rank 'while in the position'. This creates an absurdity: the officer is 'promoted' to a rank they cannot permanently hold, meaning the promotion is nominal and illusory — a promotion that is not truly a promotion."},{"type":"circular_definition","section":"sec.41(3)","severity":"medium","reasoning":"The regulation expressly extends review rights to former officers, yet the deemed-withdrawal provision upon voluntary resignation would extinguish exactly those rights in the most common case where resignation and the grievance are causally connected. An officer who resigned due to an adverse decision cannot complete a review of that decision.","confidence":0.7,"description":"If an officer voluntarily resigns while a review is underway, the application is 'taken to be withdrawn', ending the review. However, s.32 defines 'former officer' as a party to a review, and s.34(4) and s.41(4) both extend 'officer' to include 'former officer'. This creates a circular absurdity: a former officer can apply for review, but if they resigned voluntarily (thereby becoming a former officer), their application is deemed withdrawn — potentially preventing former officers from ever completing reviews of decisions that caused their resignation."},{"type":"other","section":"sec.47(4)","severity":"low","reasoning":"The use of a fixed start-of-year baseline rather than an average or current figure means the coverage guarantee is not a genuine guarantee of 10% coverage of the actual workforce at any given point. The figure is a snapshot that may not reflect reality.","confidence":0.65,"description":"The 10% annual testing coverage requirement is calculated against 'the number of persons who were relevant persons at the start of the year'. If the service expands significantly during the year, new members are excluded from the denominator, making the 10% threshold easier to satisfy without actually testing 10% of the current workforce. Conversely, if numbers shrink, the threshold requires testing a higher proportion of remaining staff than 10%."},{"type":"impossible_compliance","section":"sec.48(2)","severity":"high","reasoning":"The purpose of random alcohol testing is to deter and detect impairment without advance warning. A 6-month window following formal notice to the selected group entirely defeats the randomness and deterrent purpose of the regime for remote personnel. The legislative design is internally contradictory: it purports to be a 'random' test while allowing 6 months' notice.","confidence":0.88,"description":"The testing window for a person located more than 300km from the nearest authorised person is 6 months after notice is given. A 'random' alcohol test conducted up to 6 months after notice is given is barely random in any meaningful sense — the person has had half a year's warning. This effectively renders the 'random' test regime for remote officers a purely voluntary compliance exercise."},{"type":"self_contradicting","section":"sec.61(4)","severity":"high","reasoning":"The disclosure obligation and the self-incrimination excuse exist in direct tension. Any officer who has used a prohibited substance — precisely the person the disclosure is designed to identify — can always claim the reasonable excuse in s.61(4), making the entire pre-test disclosure requirement practically nugatory. The provision negates itself.","confidence":0.85,"description":"Section 61(2) requires a relevant person to disclose medication and substances before providing a specimen, unless they have a 'reasonable excuse'. Section 61(4) then states that a reasonable excuse exists if compliance 'might tend to incriminate' the person. However, the very act of disclosing drug use (which is what the test is designed to detect) will almost always tend to incriminate the person. This reasonable excuse provision is so broad it effectively renders the disclosure obligation unenforceable."},{"type":"other","section":"sec.40(2)(a)","severity":"low","reasoning":"The drafting creates a redundancy between s.40(2)(a)(i) and (ii). Every person caught by (i) is already caught by (ii). This is not a logical contradiction per se but reflects poor drafting that could cause interpretive confusion about whether the 'named in the order' requirement in (i) was intended to narrow the class in some circumstances.","confidence":0.6,"description":"Section 40(2)(a) restricts non-disclosure orders to 'each person who was or is a party to the review and is named in the order; or a party to the review'. Subparagraphs (i) and (ii) appear to be redundant — (i) is a subset of (ii) since any party named in the order is still a party to the review. The additional requirement of being 'named in the order' in (i) serves no distinct purpose if (ii) already covers all parties."},{"type":"impossible_compliance","section":"sec.25","severity":"low","reasoning":"While posthumous awards are common, the regulation provides no mechanism for delivery to next of kin or estate. The provision is technically workable but incomplete, creating a practical impossibility of delivery without supplementary administrative guidance.","confidence":0.55,"description":"The Valour Medal may be awarded to a former member of the service 'whether alive or dead'. Awarding a medal to a dead person is practically meaningful only symbolically, yet no provision is made for who receives the medal on behalf of a deceased former member, creating an administrative gap."}],"contradictions":[{"severity":"high","section_a":"sec.17(4)","section_b":"sec.17(6)","confidence":0.8,"description":"Section 17(4) mandates the commissioner must presume the officer lacks integrity (an adverse finding about the officer). Section 17(6) states that no entity 'other than the commissioner' can draw an adverse inference about an officer because of the s.17(4) presumption. This creates an asymmetry where the commissioner alone holds a mandatory adverse presumption about an officer that cannot be challenged or mirrored by any court, tribunal or professional body — yet the commissioner's decision based on that presumption (e.g. refusing promotion) may itself be reviewable, creating a review process where the reviewing body cannot consider the very presumption that drove the decision."},{"severity":"medium","section_a":"sec.10(2)","section_b":"sec.11(2)","confidence":0.7,"description":"Section 10(2) states the commissioner 'may' advertise a vacancy (permissive). Section 11(1) states s.11 applies 'if a position in the service was advertised under section 10', and s.11(2) allows readvertisement when no suitable officer applied. If the commissioner exercises the discretion in s.10(2) not to advertise, s.11 never becomes available, yet there is no mandatory fallback mechanism requiring the vacancy to be filled. The interplay between the permissive advertising power and the dependent readvertising regime creates a gap where vacancies may go permanently unfilled without any compulsion."},{"severity":"medium","section_a":"sec.34(2)","section_b":"sec.34(3)","confidence":0.72,"description":"Section 34(2) requires an application for review to be made within 7 days after the officer receives written notice of the decision. Section 34(3) deems an unsuccessful applicant for a police officer position to have received notice on the day another person's appointment is published in the Queensland Police Gazette. However, publication in the Gazette may occur days or weeks after the unsuccessful applicant is informally notified. If the officer received informal written notice before Gazette publication, the 7-day clock under s.34(2) could theoretically expire before the deemed notice date under s.34(3), creating ambiguity about which trigger governs."},{"severity":"medium","section_a":"sec.41(3)","section_b":"sec.32 (definition of 'party to a review') and sec.41(4)","confidence":0.75,"description":"Section 41(3) deems a review application withdrawn if an officer voluntarily resigns during a review. Section 41(4) expressly extends 'officer' in s.41 to include 'former officer'. Section 32 also defines former officers as parties to a review. The combined effect is that former officers have review rights, but if they became former officers by voluntarily resigning, their pending review is extinguished — creating a contradiction between the grant of rights to former officers and the withdrawal mechanism that eliminates those rights in the most common scenario producing former officer status."},{"severity":"low","section_a":"sec.47(3)(b)","section_b":"sec.47(2)","confidence":0.62,"description":"Section 47(2) requires the commissioner to divide all relevant persons into groups 'the commissioner considers appropriate'. Section 47(3)(b) requires the selection system to ensure '2 or more groups that the commissioner decides are in the same location are not selected on the same day'. If the commissioner has grouped all relevant persons at a particular location into a single group, s.47(3)(b) is rendered meaningless (there are no two groups in the same location to avoid co-selecting). The grouping discretion in s.47(2) can entirely neutralise the safeguard in s.47(3)(b)."},{"severity":"medium","section_a":"sec.36(a)","section_b":"sec.37","confidence":0.6,"description":"Section 36(a) requires a review commissioner to consider 'all material provided by the parties to the review that is relevant to the application for the review at the time the application was decided'. Section 37 prohibits a review commissioner from acting if 'involved in making the decision'. However, 'involved in making the decision' is undefined. A review commissioner who provided advice or material considered in the original decision-making process may not be 'involved' under a narrow reading, yet reviewing material they contributed could compromise independence — creating an uncertain and potentially inadequate conflict-of-interest safeguard."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation started as a straightforward administrative rulebook but has expanded significantly through amendments (notably in 2022 and 2025) to incorporate an entirely new category of officer — protective services officers — with their own oaths, ranks, and procedures. Drug and alcohol testing provisions have also been substantially elaborated, and prosecution-related powers of the Commissioner have been codified in more detail than a basic administrative regulation would typically require. The scope has grown beyond pure housekeeping rules into substantive governance of officer conduct, integrity, and criminal proceedings."},"complexity_factors":["Cross-references to multiple other Acts (Police Service Administration Act, Crime and Corruption Act, Industrial Relations Act, Public Sector Ethics Act, Director of Public Prosecutions Act, Drugs Misuse Act, Weapons Act, Criminal Code, Police Act 1892 (WA))","Has been amended multiple times since 2016, creating layered and sometimes overlapping provisions","Distinct rules for different categories of officers (commissioned, non-commissioned, constables, protective services officers, special constables, staff members)","Multi-step procedural rules for alcohol and drug testing with distance-based time limits and coordinator roles","Interplay between the Commissioner's broad discretionary powers and the formal review/appeal mechanisms","Technical legal concepts such as 'prosecution's election', 'summary proceedings', and 'continuous service' calculations","Non-intuitive consequence rules (e.g. a review commissioner's failure to administer oath correctly does not invalidate appointment)","Provisions about integrity presumptions tied to CCC complaint processes with multiple conditions for rebuttal"],"plain_english_summary":"This regulation sets out practical rules for running the Queensland Police Service, giving the Commissioner broad management powers and prescribing how officers and protective services officers are recruited, managed, disciplined and held accountable. It fixes oath wording, resignation/retirement and no‑strike rules, internal review rights, awards, and testing regimes for alcohol and drugs. It affects all QPS members and, indirectly, the public by shaping police conduct and oversight."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3554},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond traditional administrative matters (ranks, appointments, oaths). Modern additions include: (1) a comprehensive workplace health and safety framework for random alcohol and targeted drug testing with scientific collection standards; (2) broad information-sharing regimes allowing data exchange with dozens of external agencies for law enforcement, child safety, and employment screening (including NDIS and working-with-children checks); and (3) the integration of Protective Services Officers as a distinct operational category with separate oaths and ranks, inserted via amendments after the original 2016 commencement."},"complexity_factors":["Length and structure: 18 Parts, 80+ sections, plus referenced Schedules (1, 2, and 3), covering distinct operational areas from oaths to drug testing to information sharing","Cross-referencing: Heavy reliance on the enabling Police Service Administration Act and numerous other statutes (Crime and Corruption Act, Industrial Relations Act, specific criminal laws like the Drugs Misuse Act, and interstate police legislation)","Defined terms: Extensive use of defined terms, including a dictionary in Schedule 3 and inline definitions (e.g., 'non-contract officer', 'relevant distance', 'reviewable decision')","Procedural granularity: Detailed procedural rules with specific numerical thresholds—e.g., 14-day advertising periods, 7-day appeal windows, 20-minute waiting periods for alcohol tests, distance-based testing windows (100km/200km/300km tiers), and 10% annual testing quotas","Nested conditional logic: Multiple layers of exceptions and qualifications, particularly in Parts 11 (Review of Decisions) and Parts 12-13 (Testing), where applicability depends on employment status, location, prior agreements, and incident types","Overlapping regulatory regimes: Distinct but parallel rules for Police Officers, Protective Services Officers, and Staff Members requiring careful distinction"],"plain_english_summary":"**What this is:**\nThis regulation sets out the administrative rulebook for running the Queensland Police Service (QPS). It works alongside the main Police Service Administration Act to fill in the operational details—like the exact wording of the oath sworn by new officers, how promotions work, when police can be drug-tested, and how officers can appeal unfair decisions.\n\n**Who it affects:**\n*   **Police officers** (from constables to the Commissioner)\n*   **Protective Services Officers** (special security officers who work for the QPS but have different powers)\n*   **Job applicants** wanting to join the police\n*   **Other government agencies** that share information with police (like child safety departments or other state police forces)\n\n**What it does (the key parts):**\n\n*   **Swearing-in ceremonies:** It provides the exact words for the oath and affirmation that new police officers and protective services officers must recite, promising to serve with honour and uphold the law. It also lists who is allowed to witness these ceremonies (for example, a justice of the peace, a senior police officer, or interstate police).\n\n*   **Running the police service:** It details the Commissioner’s extensive powers, including setting priorities, deciding where police stations go, controlling the budget, hiring and firing, managing promotions, and handling court cases where police lay charges (including deciding whether to withdraw or amend charges).\n\n*   **Getting a job or promotion:**\n    *   Vacancies must be advertised in the *Queensland Police Gazette* for at least 14 days.\n    *   Applicants can be tested for mental and physical fitness.\n    *   **Integrity checks:** For promotions, the Commissioner can ask the Crime and Corruption Commission (CCC) about an officer’s integrity. If there is a serious, credible complaint against the officer, they are presumed unsuitable for promotion until the complaint is resolved.\n    *   **Appeals:** Officers who miss out on promotions or transfers, or who face disciplinary action, can apply for an independent review by a \"review commissioner\" (a kind of internal appeals officer) within 7 days.\n\n*   **Leaving the service:**\n    *   Most officers must give 3 months’ written notice to resign (unless the Commissioner agrees to less).\n    *   The minimum retirement age is 55.\n    *   Officers cannot simply walk off the job or strike (industrial action) without permission.\n\n*   **Awards for bravery:** It creates the *Queensland Police Valour Medal* (and Silver Bars for multiple acts of bravery) for officers who show exceptional courage in dangerous situations.\n\n*   **Drug and alcohol testing:**\n    *   **Random alcohol testing:** The Commissioner must run a system that tests at least 10% of officers each year. Selection is random by work group. Officers can be tested within specific timeframes (from 24 hours to 6 months after notification, depending on how remote their location is).\n    *   **Targeted drug testing:** Officers can be required to provide urine or saliva samples if there is a \"critical incident\" or reasonable suspicion of drug use. The rules specify exactly how samples must be collected, stored (using Australian Standards), and reported.\n    *   **Self-reporting:** Officers who seek help for alcohol or drug problems can enter confidential counselling/rehabilitation agreements. There are rules protecting them from certain tests while in treatment.\n\n*   **Sharing information:** It lists dozens of approved agencies (including other state police, federal intelligence agencies, child safety departments, and NDIS worker screening units) that can receive police information for law enforcement or employment vetting purposes.\n\n**Why it matters:**\nThis regulation ensures the police force operates fairly and transparently. It protects officers’ rights through appeal processes and rehabilitation options, holds them to account through integrity checks and testing, and ensures the Commissioner can manage the service effectively. It also safeguards the community by ensuring officers are fit for duty and that police can cooperate with other agencies to prevent crime and protect vulnerable people."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/police-service-administration-regulation-2016","history":"/api/acts/police-service-administration-regulation-2016/history","analysis":"/api/acts/police-service-administration-regulation-2016/analysis","conflicts":"/api/acts/police-service-administration-regulation-2016/conflicts","importantCases":"/api/acts/police-service-administration-regulation-2016/important-cases","documents":"/api/acts/police-service-administration-regulation-2016/documents"}}