{"id":"tas:sr-2023-078","name":"Police Service Regulations 2023","slug":"police-service-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"78 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179423,"registerId":"tas-tas:sr-2023-078-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Police Service Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-078) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 25 December 2023.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ;\n> \n> > ***applicable force*** means any naval, military or air force raised –\n> > \n> > > > (a) in the United Kingdom, the Commonwealth of Nations or any British possession, for service in an applicable war or in an applicable warlike operation; or\n> > > \n> > > > (b) in any country that is or was allied or associated with the Sovereign or the Sovereign's predecessors for service in an applicable war;\n> \n> > ***applicable war*** means –\n> > \n> > > > (a) a war in which the Sovereign becomes engaged after the commencement of these regulations; or\n> > > \n> > > > (b) a war in which the Sovereign or any of the Sovereign's predecessors was engaged before the commencement of these regulations;\n> \n> > ***applicable warlike operation*** means a warlike operation, whether commenced before or after the commencement of these regulations, in which any naval, military or air forces raised in the United Kingdom, the Commonwealth of Nations or any British possession were or are engaged;\n> \n> > ***ex-service person*** means a person who –\n> > \n> > > > (a) was a member of an applicable force during any applicable war or applicable warlike operation; and\n> > > \n> > > > (b) is suffering from sickness as a result of injuries received, or disease contracted, on active service during that war or warlike operation;\n> \n> > ***registered health practitioner*** includes the following:\n> > \n> > > > (a) a chiropractor;\n> > > \n> > > > (b) a dental hygienist;\n> > > \n> > > > (c) a dental prosthetist;\n> > > \n> > > > (d) a dental therapist;\n> > > \n> > > > (e) a dentist;\n> > > \n> > > > (f) a medical practitioner;\n> > > \n> > > > (g) a midwife;\n> > > \n> > > > (h) an enrolled nurse;\n> > > \n> > > > (i) a registered nurse;\n> > > \n> > > > (j) a nurse practitioner;\n> > > \n> > > > (k) an optometrist;\n> > > \n> > > > (l) an osteopath;\n> > > \n> > > > (m) a pharmacist;\n> > > \n> > > > (n) a physiotherapist;\n> > > \n> > > > (o) a podiatrist;\n> > > \n> > > > (p) a psychologist;\n> \n> > ***shift and penalty allowance*** means the shift and penalty allowance set out in the Police Award;\n> \n> > ***year of service***, in respect of a police officer, trainee or junior constable, means a period of 12 months commencing on the day of the year on which the police officer, trainee or junior constable was first appointed to the Police Service.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Leave","content":"# Part 2 Leave","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Sick leave","content":"### 4 Sick leave\n\n> > (1)  A police officer, trainee or junior constable is entitled to be absent from duty on sick leave on full pay for a period not exceeding 410.4 hours in any one year of service.\n> \n> > (2)  [Subregulation (1)](#GS4@Gs1@EN) does not apply to absence from duty as a result of an illness or injury contracted or sustained in the execution of duty.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Additional sick leave for ex-service persons","content":"### 5 Additional sick leave for ex-service persons\n\n> > (1)  The Commissioner may grant sick leave to a police officer who is not appointed under an instrument of appointment under the Act, in addition to the sick leave to which that police officer is otherwise entitled, if that police officer is an ex-service person.\n> \n> > (2)  Every police officer who is not appointed under an instrument of appointment under the Act and who is an ex-service person accrues, from the day of appointment as a police officer –\n> > \n> > > > (a) 9 weeks' initial sick leave credit; and\n> > > \n> > > > (b) 3 weeks' cumulative sick leave.\n> \n> > (3)  In addition to the initial sick leave credit and cumulative sick leave referred to in [subregulation (2)](#GS5@Gs2@EN) , an ex-service person who is not appointed under an instrument of appointment is entitled to a further 3 weeks' cumulative sick leave for every completed year of service after 31 December 2003, but so that the maximum cumulative sick leave entitlement, together with cumulative sick leave under [subregulation (2)(b)](#GS5@Gs2@Hpb@EN) , does not exceed 9 weeks at any one time.\n> \n> > (4)  A police officer, trainee or junior constable who is appointed under an instrument of appointment under the Act and who is an ex-service person is entitled to additional sick leave as specified in that instrument of appointment.\n> \n> > (5)  Sick leave granted under this regulation to an ex-service person is to be granted –\n> > \n> > > > (a) firstly, from the person’s initial sick leave credit until that is exhausted; and\n> > > \n> > > > (b) afterwards, from the person’s cumulative sick leave.\n> \n> > (6)  If, at the end of a year of service, an ex-service person has exhausted the person’s initial sick leave credit and is entitled to less than 9 weeks' cumulative sick leave, the person is to be credited with whichever is the lesser period of the following:\n> > \n> > > > (a) a period of 3 weeks;\n> > > \n> > > > (b) a period equal to the difference between 9 weeks and the number of weeks of cumulative sick leave to which the person is next entitled.\n> \n> > (7)  An application for leave under this regulation for sickness suffered as a result of injuries received, or disease contracted, on active service during any applicable war or applicable warlike operation is to be accompanied by –\n> > \n> > > > (a) a certificate of a medical practitioner stating that the applicant is so suffering; and\n> > > \n> > > > (b) a certificate of an officer employed in, or attached to, the Commonwealth Department of Veterans' Affairs stating that the applicant, at the time of discharge from any applicable forces or at any subsequent time, was so suffering.\n> \n> > (8)  An ex-service person who has exhausted sick leave under this regulation is entitled to sick leave under other provisions of these regulations.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Medical certificates","content":"### 6 Medical certificates\n\n> > (1)  If a police officer, trainee or junior constable is absent from duty on account of sickness –\n> > \n> > > > (a) for more than 7 consecutive days; or\n> > > \n> > > > (b) on more than 4 occasions in any one year of service –\n> > \n> > the police officer, trainee or junior constable is to provide the Commissioner with a medical certificate signed by a registered health practitioner or a statutory declaration signed by the police officer, trainee or junior constable.\n> \n> > (2)  If a police officer, trainee or junior constable is absent from duty on account of sickness –\n> > \n> > > > (a) for more than 28 consecutive days; or\n> > > \n> > > > (b) on more than 4 occasions in any one year –\n> > \n> > the Commander in charge of the district to which that police officer, trainee or junior constable is attached is to make a report in writing to the Commissioner.\n> \n> > (3)  The Commissioner may require a police officer, trainee or junior constable who is absent from duty on account of sickness to provide the Commissioner with periodical medical certificates from a medical practitioner in addition to the medical certificates required under this regulation.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Recreation leave entitlement","content":"### 7 Recreation leave entitlement\n\n> > (1)  A police officer who is not appointed under an instrument of appointment under the Act and who is entitled to a shift and penalty allowance is entitled to recreation leave for a period of 228 hours in any one year of service.\n> \n> > (2)  A police officer, trainee or junior constable who is appointed under an instrument of appointment under the Act is entitled to recreation leave for the period specified in that instrument of appointment.\n> \n> > (3)  The Commissioner may determine –\n> > \n> > > > (a) the manner in which an application for recreation leave is made; and\n> > > \n> > > > (b) the manner in which remuneration and allowances are to be paid; and\n> > > \n> > > > (c) the procedures that apply before, during and after the taking of recreation leave; and\n> > > \n> > > > (d) the records to be kept in respect of recreation leave.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Accumulation of recreation leave","content":"### 8 Accumulation of recreation leave\n\n> > (1)  Recreation leave under [regulation 7](#GS7@EN) accumulates pro rata.\n> \n> > (2)  The total number of hours of recreation leave that may be accumulated by a police officer, trainee or junior constable is not to exceed the total hours of recreation leave to which the police officer, trainee or junior constable is entitled in a period of 2 years, unless the Commissioner determines otherwise.\n> \n> > (3)  A police officer, trainee or junior constable who retires or resigns or whose appointment is terminated is entitled to pro rata payment for recreation leave accumulated at the date of retirement, resignation or termination.\n> \n> > (4)  If a police officer, trainee or junior constable dies, that person’s personal representatives, with the approval of the Commissioner, may be paid a pro rata payment in respect of any recreation leave accumulated at the date of his or her death.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"General provisions relating to recreation leave","content":"### 9 General provisions relating to recreation leave\n\n> > (1)  Recreation leave is to be granted subject to the exigencies of the Police Service.\n> \n> > (2)  The Commissioner may direct a police officer to take recreation leave that is due to that police officer, whether or not the police officer has applied for that leave.\n> \n> > (3)  The Commissioner may require a police officer who is on recreation leave to resume duty.\n> \n> > (4)  A police officer who is required to resume duty under [subregulation (3)](#GS9@Gs3@EN) may apply in writing to be credited with one day's recreation leave for any day on which the police officer was required to resume duty.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Police, Fire and Emergency Management.","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself sets leave entitlements and administrative rules for Police Service members. The text alone does not show whether this alters scope from any prior instrument or original intent; determining a change requires comparison with earlier regulations or appointments not provided here."},"complexity_factors":["Multiple leave categories and numeric caps (sick leave 410.4 hours; recreation 228 hours) and accrual rules (regs 4, 7, 8).","Special entitlements for \"ex-service person\" with initial and cumulative sick credits and a cap (reg 5) — formulaic steps to calculate accrual and credits.","Medical certification and reporting triggers with distinct thresholds (>7 days, >28 days, >4 occasions) and possible ongoing certificate requirements (reg 6).","Significant administrative discretion vested in the Commissioner to determine procedures, payment, direction to resume duty and records to be kept (regs 7, 8, 9).","Interactions with separate instruments of appointment — some entitlements vary if appointed under an instrument, creating conditional application (regs 5(4), 7(2)).","Pro rata payment and estate payment rules on resignation, retirement, termination or death requiring administrative calculation (reg 8(3)–(4))."],"plain_english_summary":"These regulations set leave rules for Police Service members: sick leave limits, extra sick leave for eligible ex-service persons, medical‑certificate and reporting requirements, recreation‑leave entitlements, accumulation caps and payment on termination or death. They apply to police officers, trainees and junior constables and operate through paid leave credits and employer payments (regs 4–9).\n\nThe Commissioner controls administration — can direct taking or resuming leave and determine procedures and payment arrangements, creating clear managerial discretion and compliance obligations (regs 7–9)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of regulating leave entitlements for police personnel. The inclusion of ex-service person provisions is integrated into the leave framework rather than representing scope creep, and the dual-track system for appointed vs non-appointed officers appears to be a deliberate structural feature rather than accretion."},"complexity_factors":["16 defined terms in the interpretation section, including complex nested definitions for 'applicable force', 'applicable war', and 'applicable warlike operation' that reference historical and future conflicts","Dual employment tracks throughout: distinctions between officers 'appointed under an instrument of appointment under the Act' and those who are not, creating parallel but different entitlement structures","Cascading calculation method for ex-service person sick leave (initial credit → cumulative accrual → annual top-ups with 9-week cap)","Multiple threshold triggers for medical certificate requirements (7 days/4 occasions vs 28 days/4 occasions with different reporting obligations)","Cross-references to external documents: 'Police Award' (for shift and penalty allowance), 'Police Service Act 2003', and Department of Veterans' Affairs certificates","Conditional exhaustion rules specifying order of leave usage (initial credit first, then cumulative)","Date-specific accrual rules (post-31 December 2003 service years)"],"plain_english_summary":"These regulations set out the rules for **sick leave and recreation (annual) leave** for Tasmanian police officers, trainees, and junior constables.\n\n**Who it affects:**\n- Police officers, trainees, and junior constables in Tasmania\n- Special provisions apply to **ex-service persons** (veterans who served in wars or warlike operations and suffer illness from that service)\n\n**What it does:**\n\n**Sick leave:**\n- Most officers get **410.4 hours** (about 10.2 weeks) of paid sick leave per year\n- **Exception:** If you get sick or injured **on the job**, this limit doesn't apply—you can get more\n- **Veterans get extra:** Ex-service persons receive additional sick leave credits (9 weeks initially, plus 3 weeks per year accumulating up to 9 weeks total), provided they submit medical certificates and Department of Veterans' Affairs documentation\n\n**Medical certificates:**\n- If you're sick for more than **7 days straight** or **more than 4 separate times in a year**, you need a certificate from a doctor or other registered health practitioner (or a statutory declaration)\n- If you're sick for more than **28 days straight**, your district Commander must report to the Commissioner\n- The Commissioner can demand ongoing medical certificates if needed\n\n**Recreation (annual) leave:**\n- Officers who get shift penalties (like weekend/night shift loadings) are entitled to **228 hours** (about 6 weeks) per year\n- Others' entitlements depend on their individual employment contracts (\"instruments of appointment\")\n- Leave accumulates as you work (pro rata), but you generally can't bank more than **2 years' worth** unless the Commissioner allows it\n- If you quit, retire, or are sacked, you get paid out for accumulated leave; if you die, your estate can claim it\n- The Commissioner can force you to take leave or recall you from leave if operational needs require it (with a day's credit if recalled)\n\n**Why it matters:**\nThese rules protect officers' health and wellbeing while ensuring the Police Service can maintain staffing levels. The special provisions for veterans recognise the unique health burdens carried by ex-service personnel."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from their original stated intent. The document supplied contains only version status, amendment table references, and authorship metadata — no substantive provisions are visible to evaluate against any stated policy objectives."},"complexity_factors":["Only metadata and header information was provided — no substantive regulatory content is available for analysis","Regulations of this type typically involve cross-referencing with the parent Police Service Act, adding interpretive complexity","Tasmanian-specific legislative framework may differ from other Australian jurisdictions, requiring local legal knowledge","Employment and disciplinary regulations for police often involve nuanced procedural requirements","Score is conservative given the absence of actual regulatory text to assess"],"plain_english_summary":"These regulations set detailed rules governing the operation, management and conduct of the Tasmania Police Service, affecting police officers, police management and residents who interact with police. They matter because they shape appointment, discipline, conduct and administrative practice within the service. Note: only the regulations’ status and header were supplied here; the substantive rules themselves were not included, so a full assessment of their practical impact isn’t possible."}},"importantCases":[],"_links":{"self":"/api/acts/police-service-regulations-2023","history":"/api/acts/police-service-regulations-2023/history","analysis":"/api/acts/police-service-regulations-2023/analysis","conflicts":"/api/acts/police-service-regulations-2023/conflicts","importantCases":"/api/acts/police-service-regulations-2023/important-cases","documents":"/api/acts/police-service-regulations-2023/documents"}}