Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act is the Police Act 1990.

s 1: Subst 2002 No 51, Sch 1 [3].

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

3 Definitions

(1) In this Act—

administrative employee means a member of the NSW Police Force other than a police officer.

Assistant Commissioner means a member of the NSW Police Force whose position is determined by the Minister under Part 5 as that of an Assistant Commissioner.

commissioned police officer means a police officer of or above the rank of inspector.

Commissioner means the Commissioner of Police.

Deputy Commissioner means a member of the NSW Police Force whose position is determined by the Minister under Part 5 as that of a Deputy Commissioner.

LECC means the Law Enforcement Conduct Commission constituted under the Law Enforcement Conduct Commission Act 2016.

LECC Chief Commissioner means the Chief Commissioner of the Law Enforcement Conduct Commission.

medical practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).

merit, in relation to a decision of the Commissioner to appoint or recommend for appointment a person to a position in the NSW Police Force or rank or grade within a rank of police officer, means—

(a) the possession by the person of qualifications determined in respect of the position or rank or grade by the Commissioner, and

(b) the aptitude of the person for the discharge of the duties of the position or rank or grade, and

(c) the integrity, diligence and good conduct of the person.

non-commissioned police officer means a police officer under the rank of inspector.

non-executive administrative employee means a member of the NSW Police Force, other than a police officer or a NSW Police Force senior executive.

non-executive police officer—see Part 6.

NSW Police Force means the NSW Police Force established by this Act.

NSW Police Force senior executive—see section 32.

Personal Injury Commission or Commission, for Part 9B—see section 199A.

police education course means a course of education determined by the Commissioner to be a police education course for the purposes of one or more provisions of this Act or the regulations.

police officer means a member of the NSW Police Force holding a position which is designated under this Act as a position to be held by a police officer.

police officer support scheme, for Part 9B—see section 199B.

position, in relation to NSW Police Force senior executives or non-executive administrative employees, includes role.

psychologist has the same meaning as in the Health Practitioner Regulation National Law (NSW).

recognised law enforcement officer means a person appointed as a recognised law enforcement officer under Part 10B whose appointment is in force.

role of a NSW Police Force senior executive or a non-executive administrative employee means the duties and responsibilities of any such executive or employee.

student of policing means a person (other than a police officer) who is undergoing a police education course.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes in the text of this Act do not form part of the Act.

(4) In this Act, a reference to a Presiding Officer of a House of Parliament is a reference to the President of the Legislative Council or the Speaker of the Legislative Assembly.

(5) If there is a vacancy in the office of President, the reference to the President is taken to be a reference to the Clerk of the Legislative Council.

(6) If there is a vacancy in the office of Speaker, the reference to the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.

s 3: Am 1993 No 37, Sch 2; 1993 No 38, Schs 1 (1), 3 (1); 1996 No 29, Sch 1 (1) (2); 1996 No 108, Sch 1 (1)–(4); 1998 No 123, Sch 1 [1]; 2002 No 51, Sch 1 [4]; 2006 No 63, Sch 1 [1]–[3]; 2006 No 94, Sch 2 [4]–[6]; 2010 No 54, Sch 3.9 [1]; 2010 No 58, Sch 1 [1]; 2016 No 2, Sch 3 [1]–[5]; 2016 No 61, Sch 5.1 [1] [2]; 2020 No 23, Sch 1[1]; 2022 No 14, Sch 7.1[1]; 2024 No 60, Sch 1[1].

Part 2 NSW Police Force

Part 2 NSW Police Force

pt 2, hdg: Am 2006 No 94, Sch 2 [7].

4 Establishment of NSW Police Force

4 Establishment of NSW Police Force

The NSW Police Force is established by this Act.

s 4: Subst 2002 No 51, Sch 1 [5]. Am 2006 No 94, Sch 2 [8].

5 Composition of NSW Police Force

5 Composition of NSW Police Force

The NSW Police Force comprises the following members—

(a) the Commissioner,

(b) NSW Police Force senior executives,

(c) all other police officers or non-executive administrative employees who are employed under this Act.

(d) (Repealed)

s 5: Am 2006 No 94, Sch 2 [9]; 2016 No 2, Sch 3 [6].

6 Mission and functions of NSW Police Force

6 Mission and functions of NSW Police Force

(1) The mission of the NSW Police Force is to work with the community to reduce violence, crime and fear.

(2) The NSW Police Force has the following functions—

(a) to provide police services for New South Wales,

(b) to exercise any other function conferred on it by or under this or any other Act,

(c) to do anything necessary for, or incidental to, the exercise of its functions.

(3) In this section—

police services includes—

(a) services by way of prevention and detection of crime, and

(b) the protection of persons from injury or death, and property from damage, whether arising from criminal acts or in any other way, and

(c) the provision of essential services in emergencies, and

(d) any other service prescribed by the regulations.

(4) A reference in this section to the functions of the NSW Police Force includes a reference to the functions of members of the NSW Police Force.

(5) The provision of police services in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989 and to the Essential Services Act 1988.

(6) Nothing in this section confers on the NSW Police Force a power to provide a police service in a way that is inconsistent with any provisions applicable to police officers under the Law Enforcement (Powers and Responsibilities) Act 2002.

s 6: Am 2002 No 103, Sch 4.67 [1]; 2006 No 94, Sch 2 [9] [10].

6A Functions under Law Enforcement Conduct Commission Act 2016

6A Functions under Law Enforcement Conduct Commission Act 2016

(1) The NSW Police Force has the functions of working collaboratively (so far as practicable) with LECC with respect to the education of police officers and administrative employees about police and administrative employee misconduct, officer maladministration and agency maladministration and the support and promotion of initiatives of the NSW Police Force directed at the prevention and elimination of such misconduct and maladministration.

(2) An expression used in this section which is defined in the Law Enforcement Conduct Commission Act 2016 has the meaning it has in that Act.

s 6A: Ins 2016 No 61, Sch 5.1 [3].

7 Statement of values of members of NSW Police Force

7 Statement of values of members of NSW Police Force

Each member of the NSW Police Force is to act in a manner which—

(a) places integrity above all,

(b) upholds the rule of law,

(c) preserves the rights and freedoms of individuals,

(d) seeks to improve the quality of life by community involvement in policing,

(e) strives for citizen and police personal satisfaction,

(f) capitalises on the wealth of human resources,

(g) makes efficient and economical use of public resources, and

(h) ensures that authority is exercised responsibly.

8 Commissioner to manage and control NSW Police Force

8 Commissioner to manage and control NSW Police Force

(1) The Commissioner is, subject to the direction of the Minister, responsible for the management and control of the NSW Police Force.

(2) The responsibility of the Commissioner includes the effective, efficient and economical management of the functions and activities of the NSW Police Force.

(3) The Commissioner may classify the various duties that members of the NSW Police Force are required to perform and allocate the duties to be carried out by each such member.

(4) The Commissioner may issue (and from time to time amend or revoke) instructions to members of the NSW Police Force with respect to the management and control of the NSW Police Force.

(4A) The Commissioner (on behalf of the Crown) may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the functions of the NSW Police Force.

(5) This section is subject to the other provisions of this Act and the regulations.

s 8: Am 2009 No 56, Sch 1.30.

9

9 (Repealed)

10 Positions in NSW Police Force

10 Positions in NSW Police Force

(1) In addition to the position of Commissioner, the positions in the NSW Police Force consist of such positions as the Commissioner may determine in accordance with this Act.

(2) The Commissioner—

(a) may create, abolish or otherwise deal with any position in the NSW Police Force, and

(b) must classify and grade each such position.

(3) (Repealed)

(4) Police officers of the rank of constable (or such of those police officers as the Commissioner determines) are to be appointed to that rank or to a grade within that rank, and hold a position (but not a separate position) in the NSW Police Force.

(5) (Repealed)

(6) The Commissioner may establish, or abolish, or change the name of, any branch or other part of the NSW Police Force.

s 10: Am 1996 No 108, Sch 1 (6); 2004 No 91, Sch 1.26 [1]; 2016 No 2, Sch 3 [7] [8].

11 Designation of police officers

11 Designation of police officers

(1) The Commissioner is required to designate the positions in the NSW Police Force which are to be held by police officers.

(2) A position in the NSW Police Force is to be so designated if the Commissioner is satisfied that the holder will be required to carry out, or will be concerned in, operational police duties or that it is otherwise appropriate to do so.

(3) The Commissioner may not designate such a position while it is being held by an administrative employee or remove the designation of such a position while it is being held by a police officer.

(4) The Commissioner is a police officer.

(5) (Repealed)

s 11: Am 2016 No 2, Sch 3 [9] [10].

12 Ranks and grades of police officers

12 Ranks and grades of police officers

(1) The ranks of police officers within the NSW Police Force are (in descending order) as follows—

(a) Commissioner.

(b) NSW Police Force senior executive.

(c) Superintendent.

(d) Inspector.

(e) Sergeant.

(f) Constable.

(2) The Commissioner, with the approval of the Minister, may specify different ranks for police officers who are NSW Police Force senior executives.

(3) The regulations may specify grades within the ranks of superintendent, inspector, sergeant and constable.

s 12: Am 1996 No 108, Sch 1 (7); 2016 No 2, Sch 3 [11] [12].

13 Oath to be taken by persons exercising police functions

13 Oath to be taken by persons exercising police functions

(1) Before a person exercises any of the functions of a police officer, the person must take the oath or make the affirmation of office as a police officer in accordance with the regulations.

(2) A police officer is not required to take a further oath or make a further affirmation after a change in the officer’s position in the NSW Police Force, so long as the officer remains in the NSW Police Force.

(3) An oath or affirmation under this section is to be administered by or made before the Commissioner or any other person authorised to administer an official oath under the Oaths Act 1900.

s 13: Am 2017 No 44, Sch 1.22.

14 Additional functions of police officers

14 Additional functions of police officers

(1) In addition to any other functions, a police officer has the functions conferred or imposed on a constable by or under any law (including the common law) of the State.

(2) Nothing in this section confers on a police officer a power to exercise a function in a way that is inconsistent with any provisions applicable to police officers under the Law Enforcement (Powers and Responsibilities) Act 2002.

s 14: Am 2002 No 103, Sch 4.67 [2].

Part 3

Part 3

15–23 (Repealed)

pt 3: Subst 1993 No 39, Sch 1 (1). Rep 1996 No 108, Sch 1 (8). Ins 1998 No 67, Sch 1. Rep 2006 No 94, Sch 2 [11].

s 15: Subst 1993 No 39, Sch 1 (1). Rep 1996 No 108, Sch 1 (8). Ins 1998 No 67, Sch 1. Rep 2006 No 94, Sch 2 [11].

s 16: Subst 1993 No 39, Sch 1 (1). Rep 1996 No 108, Sch 1 (8). Ins 1998 No 67, Sch 1. Rep 2006 No 94, Sch 2 [11].

s 17: Subst 1991 No 18, Sch 1 (1); 1993 No 39, Sch 1 (1). Rep 1996 No 108, Sch 1 (8). Ins 1998 No 67, Sch 1. Rep 2006 No 94, Sch 2 [11].

s 17A: Ins 1991 No 18, Sch 1 (1). Rep 1993 No 39, Sch 1 (1).

s 18: Subst 1993 No 39, Sch 1 (1). Rep 1996 No 108, Sch 1 (8). Ins 1998 No 67, Sch 1. Rep 2006 No 94, Sch 2 [11].

ss 19–23: Subst 1993 No 39, Sch 1 (1). Rep 1996 No 108, Sch 1 (8).

Part 4 The Commissioner of Police

Part 4 The Commissioner of Police

pt 4: Subst 1993 No 39, Sch 1 (1).

24 Appointment of Commissioner

24 Appointment of Commissioner

(1) The Commissioner of Police is to be appointed by the Governor on the recommendation of the Minister.

(2) It does not matter whether the person appointed is or is not already a member of the NSW Police Force.

(3) In particular, it does not matter whether the person appointed is or is not a police officer at the time of appointment.

(4) If it is proposed to make an appointment to the office of Commissioner, the Minister is required to invite applications for appointment to that office.

(5) However, the Minister is not required to invite applications for appointment if the Minister proposes to recommend the re-appointment of the person currently holding office as Commissioner.

(6) It is the duty of the Minister, before recommending the appointment of a person to the office of Commissioner—

(a) to make inquiries (from the LECC, and the Commander, Professional Standards Command, and from any other person or body the Minister considers appropriate) as to the person’s integrity, and

(b) to have regard to any information that comes to the Minister’s attention (whether as a result of inquiries under paragraph (a) or otherwise) as to the person’s integrity.

(7) The LECC, subject to the Law Enforcement Conduct Commission Act 2016, and the Commander, Professional Standards Command, are required to furnish a report to the Minister (on the basis of the information available to the Commission or the Commander and without the need for any special investigation or inquiry) on the person the subject of an inquiry referred to in subsection (6) (a).

(8) The Minister must, before recommending the appointment of a person to the office of Commissioner—

(a) require the person to provide a statutory declaration, in such form (if any) as may be prescribed by the regulations, that the person has not knowingly engaged in specified misconduct or any other misconduct, and

(b) have regard to the statutory declaration so provided.

(9) A person who fails or refuses, or who is unable, to provide a statutory declaration in accordance with a requirement made under subsection (8) is ineligible for appointment to the office of Commissioner.

(10) The failure, refusal or inability of a person to provide the statutory declaration must not be taken into consideration for a purpose other than the assessment of the person’s eligibility to be appointed to the office of Commissioner.

s 24: Am 1993 No 38, Sch 3 (2). Subst 1993 No 39, Sch 1 (1). Am 1993 No 108, Sch 2. Subst 1996 No 108, Sch 1 (9). Am 2001 No 114, Sch 1 [1]–[3]; 2002 No 105, Sch 1 [1]; 2006 No 63, Sch 1 [4]; 2016 No 61, Sch 5.1 [4]–[6].

25 Acting Commissioner

25 Acting Commissioner

(1) The Minister may appoint a member of the NSW Police Force to act as Commissioner if the office of Commissioner is vacant or the Commissioner is suspended, sick or absent.

(2) Any such member, while acting as Commissioner, has all the functions of the Commissioner.

(3) The Minister may at any time terminate the appointment of any such member to act as Commissioner.

s 25: Subst 1993 No 39, Sch 1 (1). Am 1996 No 108, Sch 1 (10)–(12); 2007 No 68, Sch 1 [1] [2].

26 Term of appointment of Commissioner

26 Term of appointment of Commissioner

(1) Subject to this Act, the Commissioner holds office for such period (not exceeding 5 years) as is specified in the Commissioner’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) The Commissioner may be re-appointed with effect before the expiry of the Commissioner’s term of office. In that case, the Commissioner’s existing term of office expires.

s 26: Subst 1993 No 39, Sch 1 (1). Am 2007 No 68, Sch 1 [3].

27 Employment and remuneration of Commissioner

27 Employment and remuneration of Commissioner

(1) The employment of the Commissioner is to be governed by a contract of employment between the Commissioner and the Minister.

(2) The provisions of sections 36 (1), 38, 39 and 42 apply to the Commissioner in the same way as they apply to a NSW Police Force senior executive (subject to a reference in those provisions to the Commissioner being construed as a reference to the Minister).

s 27: Subst 1993 No 39, Sch 1 (1). Am 1996 No 108, Sch 1 (13); 2016 No 2, Sch 3 [13].

28 Removal of Commissioner

28 Removal of Commissioner

(1) The Governor may remove the Commissioner from office on the recommendation of the Minister at any time for any or no stated reason and without notice.

(1A) A Commissioner who is removed from office is entitled to such compensation (if any) as may be provided in the contract of employment of the Commissioner (and to no other compensation or entitlement for the removal from office). This subsection does not affect the operation of the Police Regulation (Superannuation) Act 1906 or the State Authorities Superannuation Act 1987 or prevent the payment of any other benefit provided under a superannuation scheme.

(1B) A Commissioner who is removed from office is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.

(1C) For the purposes of this section, employment of a former Commissioner in the public sector and public sector have the same meanings as in section 41 of the Government Sector Employment Act 2013.

(2) (Repealed)

(3) A recommendation of the Minister under subsection (1) may be made only after the Minister—

(a) has notified the LECC that the Minister intends to recommend that the Commissioner be removed from office, and

(b) has given the LECC a reasonable opportunity to comment on the proposed recommendation.

(4)–(7) (Repealed)

(8) The Commissioner may be removed from office only under this section.

s 28: Subst 1993 No 39, Sch 1 (1). Am 1996 No 108, Sch 1 (14); 2002 No 43, Sch 7.6 [1]; 2016 No 2, Sch 3 [14]–[16]; 2016 No 61, Sch 5.1 [7].

28A Declaration as “unattached” officer

28A Declaration as “unattached” officer

(1) This section applies in relation to a person who is removed from office as Commissioner under section 28.

(2) The Governor, on the recommendation of the Minister—

(a) may declare the person so removed to be an unattached officer in the service of the Crown, and

(b) may revoke any such declaration.

(3) While such a declaration remains in force, the person concerned is entitled to monetary remuneration and employment benefits (including any benefits that may be provided under a superannuation scheme) as if the person had not been removed from office.

(4) If—

(a) the Commissioner is removed from office and such a declaration is not made, or

(b) a declaration that is made is revoked,

the person concerned ceases to be employed in the service of the Crown, unless appointed to another position in the service of the Crown.

(5) A declaration under this section, unless sooner revoked, is revoked on the date on which the term of office of the person as Commissioner would have expired.

s 28A: Ins 2016 No 2, Sch 3 [17].

29

29 (Repealed)

30 Vacation of office by Commissioner

30 Vacation of office by Commissioner

(1) The office of Commissioner becomes vacant if the Commissioner—

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) is removed from office under section 28, or

(d) retires from office under this or any other Act, or

(e) resigns his or her office in writing addressed to the Minister.

(2) The retirement or resignation of a Commissioner does not take effect until—

(a) the Minister accepts the retirement or resignation, or

(b) the Commissioner has given the Minister at least 4 weeks’ notice in writing of the day on which the Commissioner intends to retire or resign and the Commissioner is not on that day under official investigation for misbehaviour.

(3) The Commissioner is under official investigation for misbehaviour if the Minister so certifies.

s 30: Subst 1993 No 39, Sch 1 (1). Am 1996 No 108, Sch 1 (16).

31 Delegation by Commissioner

31 Delegation by Commissioner

The Commissioner may delegate to another member of the NSW Police Force any of the functions conferred or imposed on the Commissioner by or under this or any other Act, other than this power of delegation.

s 31: Subst 1993 No 39, Sch 1 (1).

Part 5 NSW Police Force senior executives

Part 5 NSW Police Force senior executives

pt 5, hdg: Am 2006 No 94, Sch 2 [12]. Subst 2016 No 2, Sch 3 [18].

pt 5: Subst 2016 No 2, Sch 3 [18].

pt 5, div 1: Rep 2016 No 2, Sch 3 [18].

32 NSW Police Force senior executives

32 NSW Police Force senior executives

(1) Persons who are employed in the NSW Police Force in a Public Service senior executive band, whether as police officers or as administrative employees, are NSW Police Force senior executives. For that purpose, the Public Service senior executive bands under the Government Sector Employment Act 2013 apply to employment in the NSW Police Force.

(2) The Commissioner is not a NSW Police Force senior executive.

(3) Deputy Commissioners and Assistant Commissioners are to be employed as NSW Police Force senior executives.

(4) A police officer is not to be employed as a NSW Police Force senior executive unless the police officer is above the rank of superintendent.

(5) The Commissioner may, subject to this and any other Act or law, exercise employer functions in relation to persons employed as NSW Police Force senior executives.

s 32: Am 1996 No 108, Sch 1 (13); 2006 No 94, Sch 2 [13]. Subst 2016 No 2, Sch 3 [18].

pt 5, div 2: Subst 2006 No 94, Sch 2 [14]. Rep 2016 No 2, Sch 3 [18].

33 Appointment of senior executives

33 Appointment of senior executives

(1) Deputy Commissioners and Assistant Commissioners are to be appointed by the Governor. The persons appointed are to be persons recommended to the Minister by the Commissioner and approved by the Minister.

(2) Other NSW Police Force senior executives are to be appointed by the Commissioner.

(3) The appointment of a person under this section to a position in the NSW Police Force is to be based on an assessment of the capabilities, experience and knowledge of the person against the pre-established standards for the position to determine the person best suited to the requirements of the position and the needs of the NSW Police Force.

(4) It does not matter whether a person appointed under this section is or is not already a member of the NSW Police Force, and it does not matter that a person appointed to a position designated as a position to be held by a police officer is not a police officer at the time of appointment.

(5) The Commissioner may appoint a member of the NSW Police Force to act as a Deputy Commissioner, Assistant Commissioner or other NSW Police Force senior executive if the executive is suspended, sick or absent or has vacated office, and may terminate the appointment at any time.

(6) A person, while so acting as a NSW Police Force senior executive, has all the functions of the executive, but does not thereby become a NSW Police Force senior executive if not already such an executive.

s 33: Subst 2006 No 94, Sch 2 [14]; 2016 No 2, Sch 3 [18].

34 Integrity matters

34 Integrity matters

(1) It is the duty of the Commissioner, before recommending the appointment of, or appointing, a person as a NSW Police Force senior executive—

(a) to make inquiries (from the LECC, and the Commander, Professional Standards Command, and from any other person or body the Commissioner considers appropriate) as to the person’s integrity, and

(b) to have regard to any information that comes to the Commissioner’s attention (whether as a result of inquiries under paragraph (a) or otherwise) as to the person’s integrity.

(2) The LECC, subject to the Law Enforcement Conduct Commission Act 2016, and the Commander, Professional Standards Command, are required to furnish a report to the Commissioner (on the basis of the information available to the Commission or the Commander and without the need for any special investigation or inquiry) on the person the subject of an inquiry by the Commissioner.

(3) As soon as practicable after a person is appointed as a NSW Police Force senior executive, the Commissioner is required to notify the LECC of the identity of the person so appointed.

(4) The Commissioner must, before recommending the appointment of, or appointing, a person as a NSW Police Force senior executive—

(a) require the person to provide a statutory declaration, in such form (if any) as may be prescribed by the regulations, that the person has not knowingly engaged in specified misconduct or any other misconduct, and

(b) have regard to the statutory declaration so provided.

(5) Subsection (4) does not apply to a person who is not, and has never been, a police officer (whether a member of the NSW Police Force, or the Police Force, by whatever name described, of another State or Territory, or of another country).

(6) A person who does not provide a statutory declaration in accordance with a requirement under subsection (4) is ineligible for appointment.

(7) The fact that a person does not provide a statutory declaration in accordance with such a requirement is not to be taken into consideration for a purpose other than the assessment of the person’s eligibility to be appointed as a NSW Police Force senior executive.

(8) In the case of the appointment of a person as the Commander, Professional Standards Command, the functions of that Commander under this section are to be exercised by a Deputy Commissioner nominated by the Commissioner.

s 34: Subst 2006 No 94, Sch 2 [14]; 2016 No 2, Sch 3 [18]; 2016 No 61, Sch 5.1 [8] [9].

35 Kinds of employment

35 Kinds of employment

(1) Employment as a NSW Police Force senior executive may be any one of the following kinds of employment—

(a) ongoing employment,

(b) term employment.

(2) Ongoing employment is employment that continues until the executive resigns or his or her employment is terminated.

(3) Term employment is employment for a specified period or for the duration of a specified task (unless the executive sooner resigns or his or her employment is terminated).

s 35: Am 1996 No 108, Sch 1 (13). Rep 2006 No 94, Sch 2 [14]. Ins 2016 No 2, Sch 3 [18].

pt 5, div 3: Rep 2016 No 2, Sch 3 [18].

36 Employment in bands and assignment to roles

36 Employment in bands and assignment to roles

(1) A NSW Police Force senior executive is to be employed in the Public Service senior executive band that the Commissioner considers appropriate for the role of the executive.

(2) In determining the number of NSW Police Force senior executives and the appropriate band in which they are employed, the Commissioner is to apply the applicable work level standards and have regard to any guidance provided by the Public Service Commissioner.

(3) A NSW Police Force senior executive may, from time to time, be assigned to a role in any part of the NSW Police Force in the band in which the executive is employed.

(4) A NSW Police Force senior executive may be assigned to a role by the Commissioner.

(5) A NSW Police Force senior executive (other than a police officer) may—

(a) be transferred by the Commissioner to the Public Service of New South Wales and assigned to a role in any Public Service agency in the band in which the executive is employed (with the agreement of the head of that agency), or

(b) be transferred by the Commissioner to the NSW Health Service and assigned to a role in the band in which the executive is employed (with the agreement of the Secretary of the Ministry of Health), or

Note.

A Police Force senior executive may not be assigned to the role of chief executive of a local health district or specialty network governed health corporation except with the concurrence of the board of the organisation concerned—see section 121D (11) of the Health Services Act 1997.

(c) be transferred by the Commissioner to the Transport Service of New South Wales and assigned to a role in the band in which the executive is employed (with the agreement of the Secretary of the Department of Transport).

Note.

See also section 95A which enables a police officer to be seconded to other government agencies. While seconded, the police officer retains his or her rank, seniority and remuneration and may continue to act as a police officer of that rank.

(6) NSW Police Force senior executives may be assigned to roles under this section to enable the flexible deployment of staff resources and to develop the capabilities of staff.

(7) A NSW Police Force senior executive is not to be assigned to a different role under this section unless the executive has been consulted. The remuneration payable to the executive is not to be reduced because of the assignment to the different role without the consent of the executive. This subsection extends to a transfer under subsection (5).

(8) In this section—

assign to a role includes assign to a different role.

s 36: Subst 1996 No 108, Sch 1 (17); 2016 No 2, Sch 3 [18].

37 Government sector employment rules and employment directions

37 Government sector employment rules and employment directions

(1) The Public Service Commissioner may make government sector employment rules under section 12 of the Government Sector Employment Act 2013 on any matter relating to the employment of NSW Police Force senior executives (including, without limitation, matters of the kind referred to in section 36 of that Act and the application of the principle of employment on merit).

(2) The Public Service Commissioner must consult the Commissioner of Police before making any such rules.

(3) This section does not limit any direction that the Commissioner is otherwise authorised to give in relation to the management or control of the NSW Police Force (including employment arrangements). The Commissioner is to consult with the Public Service Commissioner on any inconsistency between any such directions given and applicable government sector employment rules.

s 37: Am 1996 No 108, Sch 1 (13); 2007 No 68, Sch 1 [4]. Subst 2016 No 2, Sch 3 [18].

38 Contract of employment

38 Contract of employment

(1) A NSW Police Force senior executive is to be employed under a written contract of employment signed by the executive and by the Commissioner on behalf of the Government.

(2) Without limiting section 37 (1), the government sector employment rules made under section 12 of the Government Sector Employment Act 2013 may prescribe model contracts of employment for NSW Police Force senior executives and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions.

(3) Subject to this Part, the government sector employment rules and any direction issued by the Public Service Commissioner under the Government Sector Employment Act 2013, a contract of employment of a NSW Police Force senior executive is to deal with the following matters—

(a) the band in which the executive is employed,

(b) the duration of the contract if the executive is not employed in ongoing employment,

(c) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances,

(d) performance obligations, and reviews of performance, of the executive,

(e) progression in the total remuneration package of the executive based on performance,

(f) leave and other conditions of employment of the executive,

(g) the compensation for any termination of employment of the executive by the Commissioner (including the period to which the compensation relates),

(h) any other matter prescribed by the regulations under section 39 (4) of the Government Sector Employment Act 2013.

(4) The contract of employment of a NSW Police Force senior executive may, subject to this Act, include conditions of engagement.

(5) The contract of employment of a NSW Police Force senior executive does not limit, and is not terminated or otherwise affected by—

(a) the transfer of the executive under section 36 (5) to the Public Service of New South Wales, the NSW Health Service or the Transport Service of New South Wales, or

(b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive.

(6) A contract of employment of a NSW Police Force senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement.

(7) The regulations under the Government Sector Employment Act 2013 may make provision with respect to the compensation to which a NSW Police Force senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a NSW Police Force senior executive is entitled under a contract of employment entered into before the commencement of the regulation.

s 38: Am 1996 No 108, Sch 1 (13) (18); 2001 No 114, Sch 1 [4]. Subst 2016 No 2, Sch 3 [18].

s 38A: Ins 2001 No 114, Sch 1 [5]. Rep 2002 No 105, Sch 1 [2].

39 Remuneration, benefits and allowances

39 Remuneration, benefits and allowances

(1) The remuneration package of a NSW Police Force senior executive must be within the range determined under the Statutory and Other Offices Remuneration Act 1975 for the band in which the executive is employed, except as provided by subsection (2).

Note.

See also section 24R (3) of the Statutory and Other Offices Remuneration Act 1975.

(2) The Commissioner may, in accordance with parameters agreed on by the Commissioner and the Public Service Commissioner, determine a remuneration package for a NSW Police Force senior executive or class of NSW Police Force senior executives that is within a range higher than the range determined under the Statutory and Other Offices Remuneration Act 1975 for the band in which the executive or class of executives is employed.

(3) The kinds and value of employment benefits and the allowances for a NSW Police Force senior executive are to be determined by the Commissioner. In making any such determination, the Commissioner is to have regard to any similar determinations that apply to Public Service senior executives.

(4) A NSW Police Force senior executive is only entitled to the remuneration, employment benefits or allowances provided in the executive’s contract of employment.

(5) For the purposes of this section, employment benefits for a NSW Police Force senior executive are—

(a) contributions by the executive’s employer to a superannuation scheme or fund of the executive, and

(b) other benefits provided to the executive at the cost of the executive’s employer that are of a private nature.

s 39: Am 1993 No 38, Sch 3 (2); 1996 No 108, Sch 1 (13) (19); 2001 No 114, Sch 1 [6]–[9]; 2002 No 105, Sch 1 [3]; 2006 No 63, Sch 1 [4]; 2006 No 94, Sch 2 [15]; 2011 No 27, Sch 1.6 [1] [2]; 2016 No 61, Sch 5.1 [10]–[12]. Subst 2016 No 2, Sch 3 [18].

39A

39A (Repealed)

40 Termination of employment

40 Termination of employment

(1) The Governor may terminate the appointment of a person as Deputy Commissioner or Assistant Commissioner at any time, for any or no stated reason and without notice. The Governor is not to do so unless the termination is recommended to the Minister by the Commissioner and the Minister approves the recommendation.

(2) The Commissioner may terminate the employment of any other NSW Police Force senior executive at any time, for any or no stated reason and without notice.

(3) The Commissioner—

(a) may declare a person whose appointment is terminated under subsection (1) to be an unattached officer in the NSW Police Force (an unattached declaration), and

(b) may revoke an unattached declaration.

(4) While an unattached declaration is in force, the person to whom the declaration relates—

(a) is to be regarded as a NSW Police Force senior executive (although not as the holder of any position), and

(b) is entitled to remuneration and employment benefits (including any benefits that may be provided under a superannuation scheme) as if the person’s appointment had not been terminated.

(5) If, in the case of a person whose appointment has been terminated under subsection (1), an unattached declaration is not made or is revoked by the Commissioner, the employment of the person as a NSW Police Force senior executive is to be terminated by the Commissioner unless the person is appointed to another position in the NSW Police Force (including a position as a non-executive police officer) after consultation with the person.

(6) Without limiting subsection (5), a person whose appointment as Deputy Commissioner or Assistant Commissioner is terminated under this section and who is the subject of an unattached declaration may be appointed by the Commissioner to a position in the NSW Police Force as a non-executive police officer after consultation with the person.

(7) Nothing in this section prevents—

(a) a NSW Police Force senior executive who is a police officer being removed from the NSW Police Force apart from under this section, or

(b) a NSW Police Force senior executive who is an administrative employee from having his or her employment terminated under section 68 or 69 of the Government Sector Employment Act 2013.

s 40: Am 2007 No 68, Sch 1 [5]. Subst 2016 No 2, Sch 3 [18].

41 Compensation for termination of employment

41 Compensation for termination of employment

(1) A NSW Police Force senior executive whose employment is terminated under section 40 is entitled to such compensation (if any) as may be provided in the contract of employment of the executive (and to no other compensation or entitlement for the termination of employment). This subsection does not affect the operation of the Police Regulation (Superannuation) Act 1906 or the State Authorities Superannuation Act 1987 or prevent the payment of any other benefit provided under a superannuation scheme.

(2) A NSW Police Force senior executive whose employment is so terminated is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.

(3) The regulations under the Government Sector Employment Act 2013 may make provision relating to the calculation of the proportionate amount of a payment to be refunded under subsection (2).

(4) For the purposes of this section, employment of a former executive in the public sector and public sector have the same meanings as in section 41 of the Government Sector Employment Act 2013.

s 41: Am 1996 No 108, Sch 1 (13); 2007 No 68, Sch 1 [6]. Subst 2016 No 2, Sch 3 [18].

42 Industrial or legal proceedings excluded

42 Industrial or legal proceedings excluded

(1) The employment of a NSW Police Force senior executive, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996.

(2) Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the employment of a NSW Police Force senior executive.

(3) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of NSW Police Force senior executives. This subsection does not prevent the provisions of any such industrial instrument being adopted by reference in the conditions of employment of any such executive.

(4) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of—

(a) the engagement of, or failure to engage, a person as such a NSW Police Force senior executive, or

(b) the assignment or re-assignment of a NSW Police Force senior executive to a role in a band.

(5) In this section, a reference to the employment of a NSW Police Force senior executive is a reference to—

(a) the engagement of, or failure to engage, a person as such an executive, or

(b) the assignment or re-assignment of the executive to a role in a band, or

(c) the removal, retirement, termination of employment or other cessation of employment of the executive, or

(d) any disciplinary proceedings or action taken against the executive, or

(e) the remuneration or other conditions of employment of the executive.

s 42: Am 1996 No 108, Sch 1 (13). Subst 2016 No 2, Sch 3 [18].

43

43–61 (Repealed)

Part 6 Non-executive police officers

Part 6 Non-executive police officers

pt 6: Ins 2006 No 63, Sch 1 [5]. For information concerning this Part before the commencement of 2006 No 63, Sch 1 [5], see item (1) of the historical table of amendments in the Legislative history.

Division 1 Preliminary

Division 1 Preliminary

pt 6, div 1: Ins 2006 No 63, Sch 1 [5].

62 Officers to whom Part applies

62 Officers to whom Part applies

This Part applies to all police officers (other than the Commissioner and NSW Police Force senior executives).

s 62: Ins 2006 No 63, Sch 1 [5]. Am 2016 No 2, Sch 3 [19].

63 Definitions

63 Definitions

In this Part—

appointment means appointment by way of promotion or transfer or otherwise.

non-executive commissioned police officer means a commissioned police officer to whom this Part applies.

non-executive police officer means a police officer to whom this Part applies.

specialist position means a position at the rank of sergeant, inspector or superintendent identified by the Commissioner as requiring specialist qualifications or unique knowledge, skills or experience.

vacant position means—

(a) a position that is not held by a person, or

(b) a position in which a police officer is appointed to act, in accordance with section 66A.

(c) (Repealed)

vacant specialist position means—

(a) a specialist position that is not held by a person, or

(b) a specialist position to which a police officer is appointed on a provisional basis, in accordance with section 66AB, or

(c) a specialist position in which a police officer is appointed to act, in accordance with section 66A.

s 63: Ins 2006 No 63, Sch 1 [5]. Am 2020 No 23, Sch 1[2] [3].

Division 2 Appointment of non-executive police officers

Division 2 Appointment of non-executive police officers

pt 6, div 2: Ins 2006 No 63, Sch 1 [5].

64 Appointments to non-executive police officer positions

64 Appointments to non-executive police officer positions

(1) An appointment (whether by way of transfer or promotion or otherwise) as a non-executive police officer is to be made by the Commissioner.

(2) It does not matter whether the person appointed is or is not already a member of the NSW Police Force.

(3) In particular, it does not matter whether the person appointed is or is not a police officer at the time of appointment.

(4) As soon as practicable after a person is appointed (whether by way of transfer or promotion or otherwise) as a non-executive police officer, the Commissioner is required to notify the LECC of the identity of the person so appointed.

s 64: Ins 2006 No 63, Sch 1 [5]. Am 2016 No 61, Sch 5.1 [13].

65 Filling non-executive positions by either police officers or non-executive administrative employees

65 Filling non-executive positions by either police officers or non-executive administrative employees

(1) If the Commissioner is satisfied that a position is suitable for either a police officer or a non-executive administrative employee, the position may, for the purpose of the selection process, be designated as a position available to both police officers and non-executive administrative employees.

(2) Before a person is appointed to any such vacant position or vacant specialist position, the Commissioner must determine whether it is to be the position of a police officer or a non-executive administrative employee (and the provisions of this Part or Part 6A relating to the filling of such a vacancy apply accordingly).

s 65: Ins 2006 No 63, Sch 1 [5]. Am 2016 No 2, Sch 3 [20] [21]; 2020 No 23, Sch 1[4].

66 Appointments and promotion appointments to be made on merit

66 Appointments and promotion appointments to be made on merit

(1) This section applies to appointments to vacant positions of non-executive police officers (other than constables) and vacant specialist positions.

(2) In deciding to appoint a person (other than by way of promotion) to a vacant position of a non-executive police officer or a vacant specialist position, the Commissioner must, from among the applicants who are eligible for appointment, select the applicant who has, in the opinion of the Commissioner, the greatest merit.

(3) The Commissioner is, for the purpose of determining the merit of persons for appointment (other than by way of promotion) to a vacant position of a non-executive police officer or a vacant specialist position, to have regard to—

(a) the nature of the duties of the position, and

(b) the qualifications, experience, standard of work performance and capabilities of those persons that are relevant to the performance of those duties.

(4) In deciding to appoint a person by way of promotion to a vacant position of a non-executive police officer, the Commissioner must appoint a person who has, in the opinion of the Commissioner, the greatest merit as determined in accordance with the regulations.

(5) (Repealed)

Note.

Sections 66AC and 66A contain an exception to subsection (4) and this section, respectively.

s 66: Ins 2006 No 63, Sch 1 [5]. Am 2011 No 27, Sch 1.6 [2]; 2014 No 4, Sch 1 [1]–[3]; 2020 No 23, Sch 1[5]–[8].

66AA Promotion appointments to specialist positions

66AA Promotion appointments to specialist positions

(1) In deciding to appoint a police officer by way of promotion to a vacant specialist position, the Commissioner must appoint the officer who has, in the opinion of the Commissioner, the greatest merit as determined in accordance with the regulations.

(2) The Commissioner may require a police officer applying for appointment by way of promotion to a vacant specialist position to undergo a psychological assessment of the officer’s suitability for the position.

(3) The Commissioner may not appoint a police officer by way of promotion to a vacant specialist position for which a psychological assessment is required if the officer—

(a) refuses to undergo the assessment, or

(b) fails to satisfy any requirement or criteria relevant to the assessment.

Note.

Section 66A contains an exception to this section.

ss 66AA,66AB: Ins 2014 No 4, Sch 1 [4]. Subst 2020 No 23, Sch 1[9].

66AB Promotion appointments to specialist positions requiring specific qualifications—provisional appointments

66AB Promotion appointments to specialist positions requiring specific qualifications—provisional appointments

(1) This section applies in relation to a vacant specialist position that requires a specific qualification if none of the applicants for the position holds the qualification.

(2) The Commissioner may appoint by way of promotion to the position a police officer who does not hold the qualification.

(3) The Commissioner must appoint the police officer to the position on a provisional basis for a period (the provisional period) determined by the Commissioner.

(4) The Commissioner must permanently appoint the police officer to the position if—

(a) the officer obtains the qualification within the provisional period, and

(b) the officer has, in the opinion of the Commissioner, demonstrated satisfactory performance in the position within the provisional period.

(5) If the police officer is not permanently appointed under subsection (4) within the provisional period, at the end of the provisional period the officer returns to the rank and grade the officer would have held at the end of the provisional period had the officer not been provisionally appointed to the specialist position.

(6) Section 66AA applies to an appointment under this section.

Note.

Section 66A contains an exception to this section.

66AC Appointments—senior sergeants

66AC Appointments—senior sergeants

(1) The Commissioner may invite expressions of interest from police officers of the rank of sergeant for appointment to a position within the grade of senior sergeant.

(2) Following a selection process, the Commissioner may appoint to such a position a person who, in the opinion of the Commissioner, has the greatest merit among the candidates for the position.

(3) Except in such circumstances as may be determined by the Commissioner, a person is not eligible to be appointed to a position within the grade of senior sergeant unless the person has completed a period of, or periods totalling, not less than 2 years at the rank of sergeant.

(4) A person who is appointed to a position within the grade of senior sergeant does not retain the title or any benefits associated with that grade if the person is transferred to a position within another grade.

(5) Section 66 (4) does not apply to an appointment under this section.

s 66AC: Ins 2014 No 4, Sch 1 [4]. Am 2020 No 23, Sch 1[10].

66A Acting appointments

66A Acting appointments

(1) The Commissioner may appoint a police officer to act in a non-executive police officer position if—

(a) the position is vacant, or

(b) the holder of the position is suspended, sick or absent.

(2) The police officer, while acting in the position, has all the functions of the holder of the position.

(3) The Commissioner may, at any time, terminate the appointment of the police officer to act in the position.

(4) This section does not prevent the payment of an allowance to a police officer for exercising any or all of the functions of a non-executive police officer position if a police officer is not appointed to act in the position under this section.

(5) An appointment made under subsection (1)(a) must not be for a period longer than 12 months.

(6) Sections 66, 66AA and 66AB do not apply to an appointment under this section.

s 66A: Ins 2007 No 68, Sch 1 [8]. Subst 2020 No 23, Sch 1[11].

67

67 (Repealed)

68 Declaration as to misconduct

68 Declaration as to misconduct

(1) Before appointing a police officer to act in a non-executive police officer position under section 66A, the Commissioner must require the officer to provide a declaration that the officer has not knowingly engaged in specified misconduct or any other misconduct.

(2) A police officer who fails, refuses or is unable to provide the declaration is ineligible for appointment to the position.

(3) The failure, refusal or inability of a police officer to provide the declaration must not be taken into consideration for a purpose other than the assessment of the officer’s eligibility to be appointed to the position.

s 68: Ins 2006 No 63, Sch 1 [5]. Subst 2020 No 23, Sch 1[12].

69 Transfer of non-executive police officers

69 Transfer of non-executive police officers

(1) If the Commissioner considers it to be in the interests of the NSW Police Force to do so, the Commissioner may transfer a non-executive police officer from one non-executive police officer position to another non-executive police officer position or non-executive administrative employee position.

(2) Such a transfer may be made if—

(a) the position to which the officer is transferred entitles its holder to the same level of remuneration as the officer’s former remuneration, or

(b) the position to which the officer is transferred entitles its holder to a lower level of remuneration than the officer’s former remuneration and—

(i) the officer consents to the transfer at the lower level of remuneration, or

(ii) the officer requested the transfer or the transfer is made pursuant to an order under section 173, or

(c) the officer concerned is being transferred from the rank of superintendent to which the officer is permanently appointed to another position within that rank—regardless of whether the position to which the officer is transferred entitles its holder to a remuneration that is the same as or different from the officer’s former remuneration.

(3) An officer transferred under subsection (2) (c) is entitled, for the balance of the term for which the officer holds office pursuant to section 74, to the same level of remuneration in respect of the new position as the officer’s former remuneration if the position to which the officer is transferred ordinarily entitles its holder to a level of remuneration that is lower than the officer’s former remuneration (unless the officer requested the transfer or it was made pursuant to an order under section 173).

(4) A transfer under this section may be made only if the officer possesses the qualifications determined by the Commissioner for the other position.

(5) The transfer under this section of a police officer to a non-executive administrative employee position may not be made without the approval of the police officer.

(6) Section 66 does not apply to a transfer under this section.

s 69: Ins 2006 No 63, Sch 1 [5]. Am 2016 No 2, Sch 3 [24].

70

70 (Repealed)

71 Integrity matters

71 Integrity matters

(1) Each of the following is a duty of the Commissioner—

(a) before a non-executive police officer participates in a process relating to the person’s promotion to the rank of sergeant, inspector or superintendent—to make inquiries as to the integrity of the officer,

(b) before appointing a person by way of promotion as a non-executive police officer—to make inquiries as to the integrity of the person of the following—

(i) the LECC,

(ii) the Commander, Professional Standards Command,

(iii) any other person the Commissioner considers appropriate.

(2) It is the duty of the Commissioner to have regard to any information that comes to the Commissioner’s attention (whether as a result of inquiries under subsection (1) or otherwise) as to the integrity of a person referred to in that subsection.

(3) The LECC, subject to the Law Enforcement Conduct Commission Act 2016, and the Commander, Professional Standards Command, are required to furnish a report to the Commissioner (on the basis of information available to the Commission or the Commander and without the need for any special investigation or inquiry) on any person the subject of an inquiry referred to in subsection (1)(b).

(4) The Commissioner may change a decision to appoint a person under this Part before the person is appointed if the Commissioner receives information as to the person’s integrity which causes the Commissioner to form the opinion that the person is not a suitable person to be so appointed.

(5) If the Commissioner changes such a decision, the Commissioner may decide, in accordance with this Part to appoint instead (from the persons who are eligible for appointment) the person who the Commissioner is of the opinion at the time has the greatest merit.

(6) The Commissioner may suspend or remove a person from any part of a process relating to the person’s promotion if the Commissioner receives information as to the person’s integrity which causes the Commissioner to form the opinion that the person is not a suitable person to participate in the process.

s 71: Ins 2006 No 63, Sch 1 [5]. Am 2014 No 4, Sch 1 [6] [8] [9]; 2016 No 61, Sch 5.1 [14] [15]; 2020 No 23, Sch 1[14]–[16].

72 Vacation of non-executive police officer positions

72 Vacation of non-executive police officer positions

(1) A non-executive police officer’s position becomes vacant if the officer—

(a) dies, or

(b) completes a term of office and is not appointed for a further term, or

(c) is removed from office, or retires or is retired from office, under this or any other Act, or

(d) resigns his or her position in writing addressed to the Commissioner, or

(e) abandons his or her employment in the NSW Police Force.

(2) (Repealed)

s 72: Ins 2006 No 63, Sch 1 [5]. Am 2007 No 68, Sch 1 [12]; 2016 No 2, Sch 3 [25].

s 72A: Ins 2007 No 68, Sch 1 [13]. Rep 2016 No 2, Sch 3 [26].

73 Regulations relating to promotion of non-executive police officers

73 Regulations relating to promotion of non-executive police officers

(1) The regulations may make provision for or with respect to the promotion of non-executive police officers to the rank of sergeant, inspector or superintendent.

(2) In particular, the regulations may make provision for or with respect to the following matters—

(a) the requirements and processes for promotion,

(b) the criteria for eligibility to participate in a process for promotion,

(c) the appointment of police officers to positions,

(d) the procedures for and conduct of reviews.

s 73: Ins 2006 No 63, Sch 1 [5]. Rep 2016 No 2, Sch 3 [27]. Ins 2020 No 23, Sch 1[17].

Division 3 Term of office of non-executive commissioned police officers

Division 3 Term of office of non-executive commissioned police officers

pt 6, div 3: Ins 2006 No 63, Sch 1 [5].

74 Five year term contracts

74 Five year term contracts

(1) Subject to this Act, a non-executive commissioned police officer holds office for the term of office specified in an instrument of appointment issued by the Commissioner for the purposes of this section.

(2) The instrument operates as an appointment of the officer for the term of office so specified. The appointment is separate and distinct from the appointment of the officer to the officer’s non-executive police officer position by the Commissioner under section 64.

(3) The term of office is to be 5 years or the officer’s balance of service to retirement (whichever is shorter).

(4) An officer’s balance of service to retirement is the period up to the officer’s projected date of retirement from the NSW Police Force, as determined by the Commissioner after consultation with the officer.

s 74: Ins 2006 No 63, Sch 1 [5].

75 Entitlement to further terms

75 Entitlement to further terms

(1) Until retirement, a non-executive commissioned police officer is entitled (if otherwise qualified) to appointment for a further term of office in accordance with section 74 on the expiration of each current term of office, unless the Commissioner has decided that the officer is not to be appointed for a further term and notified the officer of that decision at least 6 months before the expiration of the current term of office.

(2) The appointment of an officer for a further term of office does not constitute an appointment to a vacant position or vacant specialist position for the purposes of Division 2.

s 75: Ins 2006 No 63, Sch 1 [5]. Am 2020 No 23, Sch 1[4]

76 Ground for decision not to re-appoint

76 Ground for decision not to re-appoint

(1) The only ground for a decision by the Commissioner that a non-executive commissioned police officer is not to be appointed for a further term of office is that the officer is unable to meet required standards of operational competence, discipline or integrity.

(2) The regulations may make provision for a review of a decision of the Commissioner under this section.

s 76: Ins 2006 No 63, Sch 1 [5].

77 Performance reviews

77 Performance reviews

A non-executive commissioned police officer’s performance must be reviewed, at least annually, by the Commissioner or by some person nominated by the Commissioner. The review is to have regard to performance criteria determined by the Commissioner for the officer’s position and any other relevant matter.

s 77: Ins 2006 No 63, Sch 1 [5].

78 Promotion, transfer and re-appointment following resignation

78 Promotion, transfer and re-appointment following resignation

(1) When a non-executive commissioned police officer is appointed by way of promotion to another position in the NSW Police Force as a non-executive commissioned police officer, the officer is to be appointed for a new term of office in accordance with section 74 in the rank to which the officer is promoted.

(2) When a non-executive commissioned police officer is transferred to another position in the NSW Police Force as a non-executive commissioned police officer, the officer is not to be appointed for a new term of office, and the officer’s existing term of office continues in the transferred position.

(3) When a non-executive commissioned police officer is re-appointed under section 72 (Re-employment of employees resigning to contest Commonwealth elections) of the Government Sector Employment Act 2013 the officer is to be appointed for a new term of office that is equivalent to the balance of the officer’s term of office as at resignation.

s 78: Ins 2006 No 63, Sch 1 [5]. Am 2014 No 4, Sch 1 [6]; 2014 No 33, Sch 3.22 [1].

79 Powers of dismissal, removal and suspension not affected

79 Powers of dismissal, removal and suspension not affected

Nothing in this Division limits or otherwise affects any power under this Act to dismiss, suspend or remove a non-executive commissioned police officer.

s 79: Ins 2006 No 63, Sch 1 [5].

Division 4 Appointment and promotion of constables

Division 4 Appointment and promotion of constables

pt 6, div 4 (s 80): Ins 2006 No 63, Sch 1 [5].

80 Appointment and promotion of constables

80 Appointment and promotion of constables

(1) The Commissioner may, subject to this Act and the regulations, appoint any person of good character and with satisfactory educational qualifications as a police officer of the rank of constable.

(2) A person when first appointed as such a police officer is to be appointed on probation in accordance with the regulations.

(3) The Commissioner may dismiss any such probationary police officer from the NSW Police Force at any time and without giving any reason.

(4) The promotion of police officers within the rank of constable is subject to the regulations.

pt 6, div 4 (s 80): Ins 2006 No 63, Sch 1 [5].

Part 6A Non-executive administrative employees

Part 6A Non-executive administrative employees

pt 6A: Ins 2006 No 63, Sch 1 [5]. Subst 2016 No 2, Sch 3 [28].

pt 6A, div 1: Ins 2006 No 63, Sch 1 [5]. Rep 2016 No 2, Sch 3 [28].

81 Application of Part

81 Application of Part

This Part applies to non-executive administrative employees.

s 81: Ins 2006 No 63, Sch 1 [5]. Subst 2016 No 2, Sch 3 [28].

81A Kinds of employment

81A Kinds of employment

(1) Employment in the NSW Police Force as a non-executive administrative employee may be any one of the following kinds of employment—

(a) ongoing employment,

(b) temporary employment,

(c) casual employment.

(2) Ongoing employment is employment that continues until the employee resigns or his or her employment is terminated.

(3) Temporary employment is employment for a temporary purpose.

(4) Casual employment is employment to carry out irregular, intermittent, short-term, urgent or other work as and when required.

s 81A: Ins 2016 No 2, Sch 3 [28].

81B Integrity matters

81B Integrity matters

(1) It is the duty of the Commissioner before employing a non-executive administrative employee, to make inquiries (from any person or body the Commissioner thinks appropriate), as to the person’s integrity.

(2) It is the duty of the Commissioner to have regard to any information that comes to the Commissioner’s attention (whether as a result of inquiries under subsection (1) or otherwise) as to the integrity of a person referred to in that subsection.

(3) The LECC is authorised (but not required) to furnish a report to the Commissioner on any person the subject of an inquiry under this section.

(4) The Commissioner is required to notify the LECC of the identity of each person employed as a non-executive administrative employee as soon as practicable after the person is so employed.

s 81B: Ins 2016 No 2, Sch 3 [28]. Am 2016 No 61, Sch 5.1 [16].

81C Employment in classifications of work

81C Employment in classifications of work

(1) Non-executive administrative employees are to be employed in a classification of work determined by the Commissioner in which the person is employed in accordance with this and any other Act or law.

(2) A classification of work extends to any kind of work and any grade of that work.

ss 81C–81G: Ins 2016 No 2, Sch 3 [28].

81D Assignment of roles in work classifications

81D Assignment of roles in work classifications

(1) In this section—

assign to a role includes assign to a different role.

(2) The Commissioner may from time to time assign non-executive administrative employees to roles in the NSW Police Force in the classification of work in which the employees are employed.

(3) Non-executive administrative employees may be assigned to roles to enable the flexible deployment of staff resources within the NSW Police Force and to develop the capabilities of staff.

(4) A non-executive administrative employee is not to be assigned to a different role unless the employee has been consulted. The remuneration payable to the employee is not to be reduced because of the assignment to the different role without the consent of the employee.

(5) The Commissioner may also transfer a non-executive administrative employee to a non-executive police officer position.

ss 81C–81G: Ins 2016 No 2, Sch 3 [28].

81E Termination of employment

81E Termination of employment

(1) The Commissioner may, by instrument in writing, terminate the employment of a non-executive administrative employee on any of the following grounds if the employment is ongoing employment—

(a) the employee has failed to meet a condition of engagement as an employee imposed under Part 8,

(b) the employee lacks, or has lost, an essential qualification for performing the duties of the role assigned to the employee,

(c) the performance of the employee is determined under section 68 of the Government Sector Employment Act 2013 to be unsatisfactory,

(d) the employee is unable to perform the duties of the role assigned to the employee because of physical or mental incapacity,

(e) the employee is retired on medical grounds under section 94B,

(f) the employee has refused to perform duties to which the employee has been duly assigned,

(g) the employee has abandoned his or her employment,

(h) a finding of misconduct has been made against the employee under section 69 of the Government Sector Employment Act 2013,

(i) the employee is determined in accordance with the government sector employment rules under the Government Sector Employment Act 2013 or the regulations under that Act to be excess to the requirements of the NSW Police Force,

(j) on any other ground prescribed by the regulations under this Act or by the regulations under section 47 (1) (k) of the Government Sector Employment Act 2013.

The instrument is to set out the ground or grounds on which the employment is terminated.

(2) The Commissioner may, by instrument in writing, terminate the employment of a non-executive administrative employee at any time if the employment is not ongoing employment.

ss 81C–81G: Ins 2016 No 2, Sch 3 [28].

81F Government sector employment rules relating to employment of non-executive administrative employees

81F Government sector employment rules relating to employment of non-executive administrative employees

(1) The Public Service Commissioner may make government sector employment rules under section 12 of the Government Sector Employment Act 2013 on any matter relating to the employment of NSW Police Force non-executive administrative employees (including, without limitation, matters of the kind referred to in section 48 of that Act).

(2) The Public Service Commissioner must consult the Commissioner of Police before making any such rules.

(3) This section does not limit any direction that the Commissioner is otherwise authorised to give in relation to the management or control of the NSW Police Force (including employment arrangements). The Commissioner is to consult with the Public Service Commissioner on any inconsistency between directions given and applicable government sector employment rules.

ss 81C–81G: Ins 2016 No 2, Sch 3 [28].

81G Employment of special constables

81G Employment of special constables

(1) The Commissioner may employ a person under this Part as a non-executive administrative employee (special constable). A person so employed is a special constable.

(2) Employment as a special constable may be made subject to such conditions as the Commissioner determines, including (but not limited to) conditions as to the kinds of functions conferred or imposed and the purposes for and circumstances in which such functions may be exercised.

(3) Without limiting the generality of subsection (2), the Commissioner may confer or impose on a special constable any of the functions of a police officer of the rank of constable, including any of the functions of a police officer that are specified in the Law Enforcement (Powers and Responsibilities) Act 2002.

Note.

Accordingly, section 13 of this Act, for example, would apply to any such special constable.

(4) Sections 207A and 211A–211AB apply to a special constable who is authorised to exercise functions of a police officer in the same way as those sections apply to a police officer.

(5) Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Safeguards relating to powers) applies to a special constable who is authorised to exercise functions of a police officer in the same way as that Part applies to a police officer.

(6) Part 4 of the Law Reform (Vicarious Liability) Act 1983 applies to a special constable who is authorised to exercise functions of a police officer in the same way as that Part applies to a police officer.

ss 81C–81G: Ins 2016 No 2, Sch 3 [28].

82

82–83 (Repealed)

Part 6B Industrial matters relating to non-executive officers

Part 6B Industrial matters relating to non-executive officers

pt 6B: Ins 2006 No 63, Sch 1 [5].

84 Application of Part

84 Application of Part

(1) This Part applies to all members of the NSW Police Force (other than the Commissioner or NSW Police Force senior executives).

(2) In this Part—

non-executive officer means a member of the NSW Police Force to whom this Part applies.

s 84: Ins 2006 No 63, Sch 1 [5]. Am 2016 No 2, Sch 3 [29].

85 Commissioner to be employer for industrial matters

85 Commissioner to be employer for industrial matters

The Commissioner is to be the employer of non-executive officers for the purposes of any proceedings relating to non-executive officers held before a competent tribunal having jurisdiction to deal with industrial matters.

ss 85–87: Ins 2006 No 63, Sch 1 [5].

86 Commissioner may determine salary, wages etc

86 Commissioner may determine salary, wages etc

(1) The salary, wages or other remuneration of a non-executive officer is, except in so far as provision is otherwise made by law, such as may be determined from time to time by the Commissioner.

(2) A non-executive officer may sue for and recover the amount of the remuneration of the officer that is determined under this section.

ss 85–87: Ins 2006 No 63, Sch 1 [5].

87 Commissioner may enter into agreements

87 Commissioner may enter into agreements

(1) The Commissioner may enter into an agreement with any association or organisation representing a group or class of non-executive officers with respect to industrial matters.

(2) The Commissioner is not authorised to enter into such an agreement with respect to a matter if the Industrial Relations Commission does not have jurisdiction to make an award or order with respect to that matter because of section 405 of the Industrial Relations Act 1996.

(3) An agreement under this section binds all non-executive officers in the class or group affected by the agreement, and no such officer (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.

ss 85–87: Ins 2006 No 63, Sch 1 [5].

88 Industrial or legal proceedings excluded

88 Industrial or legal proceedings excluded

(1) The engagement or appointment of, or the failure to engage or appoint, a person as a non-executive officer, or a matter, question or dispute relating to the engagement or appointment, or failure to engage or appoint, is not an industrial matter for the purposes of the Industrial Relations Act 1996.

(2) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the Industrial Relations Act 1996.

(3) The failure of a non-executive commissioned police officer to be appointed for a further term of office as provided by section 75 is, for the purposes of this section, taken to be a failure to engage or appoint the person as a non-executive officer.

(4) Nothing in this section prevents any of the following proceedings from being brought by a member of the NSW Police Force in relation to the employment of another member of the NSW Police Force—

(a) proceedings under Part 9 of the Anti-Discrimination Act 1977 in relation to a complaint under that Part,

(b) proceedings under section 213 of the Industrial Relations Act 1996 to enforce the provisions of section 210 (Freedom from victimisation) of that Act.

s 88: Ins 2006 No 63, Sch 1 [5]. Am 2010 No 54, Sch 3.9 [8] [9]; 2013 No 40, Sch 6.6 [2] [3]. Subst 2016 No 2, Sch 3 [30]. Am 2020 No 30, Sch 2.31[1] [2].

89

89 (Repealed)

Part 7

Part 7

90–91A (Repealed)

pt 7, hdg: Am 2006 No 94, Sch 2 [17]. Rep 2016 No 2, Sch 3 [31].

pt 7: Rep 2016 No 2, Sch 3 [31].

s 90: Am 2007 No 68, Sch 1 [17]. Rep 2016 No 2, Sch 3 [31].

s 91: Subst 2007 No 68, Sch 1 [18]. Rep 2016 No 2, Sch 3 [31].

s 91AA: Ins 2007 No 68, Sch 1 [18]. Rep 2016 No 2, Sch 3 [31].

s 91A: Ins 1999 No 73, Sch 1 [2]. Am 2006 No 63, Sch 1 [6]; 2011 No 27, Sch 1.6 [8]–[10]. Rep 2016 No 2, Sch 3 [31].

Part 8 General provisions relating to employment of all members of NSW Police Force

Part 8 General provisions relating to employment of all members of NSW Police Force

pt 8, hdg: Am 2006 No 94, Sch 2 [18].

Note.

Other provisions relating to members of the NSW Police Force are to be found in Part 5 of the Government Sector Employment Act 2013.

pt 8, note: Ins 2007 No 68, Sch 1 [19]. Subst 2014 No 33, Sch 3.22 [2].

92

92, 93 (Repealed)

93A Conditions of engagement of administrative employees

93A Conditions of engagement of administrative employees

(1) The engagement of an administrative employee may be made subject to conditions notified to the employee on his or her engagement.

(2) The conditions may include (without limitation) conditions dealing with any of the following matters—

(a) probation,

(b) citizenship or residency requirements,

(c) formal qualifications,

(d) security and other clearances,

(e) health clearances.

(3) The imposition of conditions of engagement is subject to the government sector employment rules under the Government Sector Employment Act 2013 and the regulations under this Act.

(4) The contract of employment of a NSW Police Force senior executive may include conditions of engagement.

s 93A: Ins 2016 No 2, Sch 3 [32].

94 Requirements as to citizenship

94 Requirements as to citizenship

(1) A person is eligible to be appointed as a member of the NSW Police Force only if the person is an Australian citizen or a permanent Australian resident.

(2) A member of the NSW Police Force who ceases to be so eligible (or is not so eligible) for appointment as such a member is to be dismissed from the NSW Police Force.

(3) In this section, permanent Australian resident means a person resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by or in accordance with law, and includes a New Zealand citizen who holds a special category visa within the meaning of the Migration Act 1958 of the Commonwealth, section 32.

(4) (Repealed)

(5) The Commissioner may exempt a non-executive administrative officer from the operation of this section in any case the Commissioner considers appropriate.

s 94: Am 2011 No 27, Sch 1.6 [11]; 2016 No 2, Sch 3 [33]; 2025 No 13, Sch 5.

94A

94A (Repealed)

94B Retirement on medical grounds

94B Retirement on medical grounds

The Commissioner may retire a member of the NSW Police Force if—

(a) the person is found on medical grounds to be unfit to perform or incapable of discharging the duties of the person’s position, and

(b) the person’s unfitness or incapacity—

(i) appears likely to be of a permanent nature, and

(ii) has not arisen from actual misconduct on the part of the person, or from causes within the person’s control.

ss 94B–94D: Ins 2016 No 2, Sch 3 [34].

94C Resignation or retirement

94C Resignation or retirement

(1) A member of the NSW Police Force may resign from the NSW Police Force by written notice to the Commissioner.

(2) The resignation of a member of the NSW Police Force does not take effect until—

(a) the Commissioner accepts the resignation, or

(b) the member has given the Commissioner at least 4 weeks’ notice in writing of the day on which the member intends to resign and the member is not under suspension from duty on that day.

(3) In this section, resignation includes retirement and member of the NSW Police Force does not include the Commissioner.

ss 94B–94D: Ins 2016 No 2, Sch 3 [34].

94D Approval to engage in other paid employment

94D Approval to engage in other paid employment

A member of the NSW Police Force (other than the Commissioner) must not engage in any paid employment outside his or her duties as such a member without the approval of the Commissioner.

ss 94B–94D: Ins 2016 No 2, Sch 3 [34].

95 Arrangements for use by NSW Police Force of staff of other agencies

95 Arrangements for use by NSW Police Force of staff of other agencies

The Commissioner may arrange for the use of the services of any staff (by way of secondment or otherwise) of a government agency (whether or not of New South Wales).

s 95: Subst 1993 No 38, Sch 3 (9).

95A Arrangements for use by other agencies of members of NSW Police Force

95A Arrangements for use by other agencies of members of NSW Police Force

(1) The Commissioner may enter into arrangements with a government agency (whether or not of New South Wales) for the use, by such an agency, of the services of members of the NSW Police Force (by way of secondment or otherwise).

(2) While performing services for any such agency, a police officer retains rank, seniority and remuneration as a police officer and may continue to act as a police officer of that rank. However, this subsection does not prevent the payment of additional remuneration to police officers in accordance with arrangements under this section.

s 95A: Ins 1993 No 38, Sch 3 (9). Am 2009 No 96, Sch 17 [1].

95B

95B, 96 (Repealed)

96A Finger printing and hand printing of applicants—police officers

96A Finger printing and hand printing of applicants—police officers

(1) The Commissioner may, before accepting an application for appointment as a police officer, require the applicant to consent to the taking of a finger print or hand print for use by the Commissioner in determining the applicant’s suitability for employment.

(2) Before a finger print or hand print is taken from an applicant for appointment as a police officer the applicant must be informed in writing that the print may be retained and used for the purpose of performing a check of the applicant’s criminal history.

(3) The Commissioner must destroy any finger print or hand print taken under this section from any person who is not appointed to a position as a police officer as soon as practicable after the decision is made not to appoint the person to the position.

(4) A person who was not appointed to a position as a police officer may request that any finger print or hand print taken from the person in connection with an application for appointment as a police officer before the commencement of this section be destroyed. The Commissioner must ensure that such a request is complied with as soon as practicable after the request is made.

(5) A person who ceases to be a police officer may request that any finger print or hand print taken from the person under this section be destroyed. The Commissioner must ensure that such a request is complied with as soon as practicable after the request is made.

s 96A: Ins 2002 No 35, Sch 2.

96B Vetting of prospective members of NSW Police Force or consultants

96B Vetting of prospective members of NSW Police Force or consultants

(1) Vetting information that is held by the Commissioner or obtained under this section may be used in determining whether to appoint an applicant as a member of the NSW Police Force or to engage an applicant as a consultant to the NSW Police Force.

(2) For the purposes of this section, vetting information is information of the following kind about an applicant, or about an associate or relative of an applicant—

(a) any criminal intelligence report or other criminal information,

(b) information held in the Births, Deaths and Marriages Register,

(c) information held by Transport for NSW relating to licences or other authorities, offences or penalties,

(d) information held by Corrective Services NSW, Department of Attorney General and Justice,

(e) information held by the Australian Crime Commission,

(f) information held by a law enforcement agency,

(g) information held by an agency of the Commonwealth or of the State or another State or Territory investigating public sector corruption,

(h) information held by an agency of a jurisdiction outside Australia, being an agency responsible for the enforcement of laws of that jurisdiction,

(i) information prescribed by the regulations that is held by a public authority or held by a Government agency of another jurisdiction (whether in or outside Australia).

(3) The Commissioner may, with the consent of an applicant, request a public authority or other person or body to disclose vetting information about the applicant.

(4) The Commissioner may also, without consent, request a public authority or other person or body (not being an agency of a jurisdiction outside Australia) to disclose vetting information about associates or relatives of the applicant.

(5) The Commissioner must notify an applicant that the Commissioner has the power under this section to request a public authority or other person or body (not being an agency of a jurisdiction outside Australia) to disclose vetting information about associates or relatives of the applicant. The notice must be given when the consent of the applicant is sought under subsection (3) or, if consent has not been sought for the purposes of that subsection, before the first request for information about associates or relatives of the applicant is made under this section.

(6) A public authority that holds, or is responsible for the disclosure of, vetting information is authorised to disclose the information to the Commissioner for the purposes of this section.

(7) The following information about the criminal history of a person may be disclosed and considered for the purposes of this section—

(a) information relating to spent convictions, despite anything to the contrary in the Criminal Records Act 1991,

(b) information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged,

(c) information relating to offences, despite anything to the contrary in section 579 of the Crimes Act 1900.

(8) For the purposes of the collection, disclosure or use of vetting information under this section or section 96C, the information may be collected, disclosed or used despite any other Act or law.

Note.

Section 62 of the Privacy and Personal Information Protection Act 1998 makes it an offence for a public sector official (including a member of the NSW Police Force) to disclose personal information, other than for official purposes, about a person to which the official has had access in an official capacity.

(9) This section does not restrict or prevent—

(a) the Commissioner or any other person from collecting, disclosing or using any information that the Commissioner or other person may otherwise lawfully collect, disclose or use, or

(b) the Commissioner from considering information other than vetting information in determining whether or not to appoint an applicant as a member of the NSW Police Force or to engage an applicant as a consultant to the NSW Police Force.

(10) In this section—

law enforcement agency means the following—

(a) a Police Force of another State or Territory,

(b) the Australian Federal Police,

(c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State or another State or Territory.

public authority has the same meaning as it has in the Independent Commission Against Corruption Act 1988.

s 96B: Ins 2013 No 35, Sch 4 [1]. Am 2016 No 55, Sch 2.8; 2020 No 30, Sch 4.72.

96C Safeguards relating to use of vetting information

96C Safeguards relating to use of vetting information

(1) The Commissioner must, for the period of 2 years commencing on the commencement of this section (the review period), keep a record of each occasion when vetting information about an associate or a relative of an applicant is considered under section 96B.

(2) The Commissioner is to record whether vetting information was the basis (wholly or partly) of a decision not to appoint or engage the applicant and the information relied on for that purpose.

(3) A person appointed by the Attorney General is to review the records kept under this section at the end of the review period.

(4) The person appointed must be a person who is—

(a) a former Judge of the Supreme Court of the State or of any other State or Territory, a former Judge of the Federal Court of Australia or a former Justice of the High Court of Australia, or

(b) a person qualified to be appointed as (but who is not) a Judge or Justice of any such court.

(5) The Commissioner may, at the request of the person conducting the review, make available any records kept by the Commissioner under this section and any further information requested by the person that is reasonably related to the review.

(6) The person conducting the review must, not later than 6 months after the end of the review period, report on the records to the Minister and the Attorney General and provide a copy of the report to the Commissioner.

(7) A report may contain recommendations relating to the collection, use and disclosure of vetting information under section 96B and related procedures or practices of the Commissioner.

s 96C: Ins 2013 No 35, Sch 4 [1].

96D Secrecy—review information

96D Secrecy—review information

(1) The person who conducts the review under section 96C must not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act—

(a) make a record of any communication, or

(b) divulge or communicate to any person any information,

being information acquired by the person by reason of, or in the course of, the exercise of the person’s functions under this Act.

(2) The person who conducts the review under section 96C cannot be required—

(a) to produce in any court any document or other thing that has come into the person’s possession, custody or control by reason of, or in the course of, the exercise of the person’s functions under this Act, or

(b) to divulge or communicate to any court any matter or thing that has come to the person’s notice in the exercise of the person’s functions under this Act.

(3) Despite this section, the person may divulge any such information—

(a) for the purposes of and in accordance with this Act, or

(b) to any prescribed authority or person.

s 96D: Ins 2013 No 35, Sch 4 [1].

97 Periodic financial and integrity statements to be furnished

97 Periodic financial and integrity statements to be furnished

(1) A member of the NSW Police Force may be required—

(a) by the Minister, in the case of the Commissioner, or

(b) by the Commissioner, in any other case,

to furnish a financial statement or integrity statement to the Minister or Commissioner, as the case requires.

(2) A member of the NSW Police Force may also be required to furnish a financial statement or integrity statement on such other occasions as are prescribed by the regulations.

(3) A financial statement or integrity statement must be verified by statutory declaration of the person who is required to furnish the statement.

(4) The regulations—

(a) may provide for the nature of the information to be included in a financial statement or integrity statement, and

(b) may provide for the form in which a financial statement or integrity statement is to be prepared.

(5) A member of the NSW Police Force may be required—

(a) by the Minister, in the case of the Commissioner, or

(b) by the Commissioner, in any other case,

to furnish an explanation to the Minister or Commissioner, as the case requires, of any matter arising out of a financial statement or integrity statement furnished by the member.

(6) A member of the NSW Police Force may be required to satisfy the Minister or Commissioner, as the case requires, that any assets or income in which the member has an interest, which are used by the member or which are available for the member’s use, have been lawfully acquired or gained.

(7) The Commissioner may furnish the LECC with any financial statement or integrity statement furnished under this section and any other information that has come to the Commissioner’s attention under this section.

(8) In this section—

financial statement means a statement of—

(a) assets and liabilities, or

(b) income and expenditure,

or both.

integrity statement means a statement to the effect that the person by whom the statement is made has not engaged in any criminal activity or corrupt conduct during the period to which the statement relates.

s 97: Rep 1993 No 38, Sch 1 (3). Ins 1996 No 108, Sch 1 (54). Am 2016 No 61, Sch 5.1 [19].

97A Confidentiality of financial statements

97A Confidentiality of financial statements

(1) A person cannot be required to produce any protected document or to divulge any protected information, except with the written consent of a relevant authority.

(2) Subsection (1) applies whether the requirement—

(a) relates to production or divulging to a court or relates to production or divulging to another body, party or person, and

(b) is imposed by a subpoena, direction or order or is imposed in some other manner.

(3) In this section—

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to.

protected document means—

(a) a document or thing comprising a financial statement that has been furnished under section 97, or

(b) a document or thing comprising an explanation (furnished under section 97 (5)) of a matter arising out of a financial statement, or

(c) a document or thing requiring such an explanation to be furnished, or

(d) a document or thing comprising information that has otherwise come to attention under section 97 in relation to the financial affairs of a member of the NSW Police Force, or

(e) a copy of any such document or thing.

protected information means information or other matters contained in a protected document, or any other information that has come to attention under section 97 in relation to the financial affairs of a member of the NSW Police Force.

relevant authority means—

(a) the Minister or the LECC, in relation to a financial statement furnished by the Commissioner of Police or to matters in or arising from such a statement, or

(b) the Commissioner of Police or the LECC, in any other case.

s 97A: Ins 1999 No 73, Sch 1 [3]. Am 2016 No 61, Sch 5.1 [20].

98 Recognition of commissioned officers

98 Recognition of commissioned officers

(1) The Governor may issue a document recognising the appointment of a police officer or other person to the position of a commissioned police officer.

(2) Recognition by the Governor does not affect the manner of appointment of a person to a position of the rank of commissioned police officer under this Act or any other provision of this Act or the regulations relating to the employment of such a police officer.

s 98: Rep 1993 No 38, Sch 1 (3). Ins 2006 No 94, Sch 2 [20].

99

99–120

(Renumbered as secs 200–221)

ss 99–120: Renumbered as secs 200–221, 1993 No 38, Sch 3 (10).

Part 8A Complaints about conduct of police officers, administrative employees and the NSW Police Force

Part 8A Complaints about conduct of police officers, administrative employees and the NSW Police Force

pt 8A, hdg: Am 2016 No 61, Sch 5.1 [21].

pt 8A: Ins 1998 No 123, Sch 1 [3]. For information concerning this Part before the commencement of 1998 No 123, Sch 1 [3], see item (2) of the historical table of amendments in the Legislative history.

121 Interpretation

121 Interpretation

(1) In this Part—

administrative employee has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

administrative employee complaint has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

administrative employee misconduct has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

agency complaint has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

agency maladministration has the meaning it has in relation to the NSW Police Force in the Law Enforcement Conduct Commission Act 2016.

complainant means a person by whom, or on whose behalf, a complaint is made.

complaint means an allegation that any conduct of—

(a) an administrative employee (whether or not named or identified) is (or could be) conduct that falls within the description of administrative employee misconduct or officer maladministration, or

(b) a police officer (whether or not named or identified) is (or could be) conduct that falls within the description of police misconduct or officer maladministration, or

(c) the NSW Police Force is (or could be) conduct that falls within the description of agency maladministration.

critical incident has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

misconduct information has the same meaning in relation to the Commissioner as in the Law Enforcement Conduct Commission Act 2016 in relation to the LECC.

misconduct matter means—

(a) a complaint, or

(b) misconduct information.

misconduct matters information system means the system established by the regulations for recording information concerning police complaints and misconduct information under this Act and the Law Enforcement Conduct Commission Act 2016.

misconduct matters management guidelines means misconduct matters management guidelines within the meaning of the Law Enforcement Conduct Commission Act 2016.

notifiable misconduct matter has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

officer maladministration has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

officers of the LECC means the following—

(a) the Chief Commissioner and Commissioner of the LECC,

(b) an Assistant Commissioner of the LECC,

(c) a member of staff of the LECC.

police complaint has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

Note.

A police complaint is defined in the Law Enforcement Conduct Commission Act 2016 to mean an allegation that any conduct of a police officer (whether or not named or identified) is (or could be) conduct that falls within the description of police misconduct or officer maladministration within the meaning of that Act.

police misconduct has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

serious maladministration has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

serious misconduct has the same meaning as in the Law Enforcement Conduct Commission Act 2016.

(2) This Part applies to and in respect of a former administrative employee or police officer (in relation only to conduct occurring while he or she was an administrative employee or police officer) in the same way as it applies to and in respect of an administrative employee or police officer, so that a misconduct matter concerning a former administrative employee or police officer may be made or be the subject of a report or of other information and dealt with as if the former administrative employee or police officer were still an administrative employee or police officer.

(3) Subject to the regulations, a reference in this Part to the conclusion of a critical incident investigation is a reference to the final report of the police officers investigating a critical incident given after the conclusion of all criminal or coronial proceedings arising out of the critical incident.

s 121: Ins 1998 No 123, Sch 1 [3]. Am 2001 No 79, Sch 1 [1]; 2006 No 94, Sch 2 [21] [22]. Subst 2016 No 61, Sch 5.1 [22]. Am 2021 No 14, Sch 2.4.

122 Application of Part to certain complaints and misconduct information

122 Application of Part to certain complaints and misconduct information

This Part applies to and in respect of a misconduct matter concerning the conduct of a police officer or administrative employee, or the NSW Police Force, received by the Commissioner or of which the Commissioner becomes aware.

ss 122–123: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [22].

123 Relationship with Law Enforcement Conduct Commission Act 2016

123 Relationship with Law Enforcement Conduct Commission Act 2016

This Part is subject to the Law Enforcement Conduct Commission Act 2016.

ss 122–123: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [22].

124 Making of complaints to Commissioner

124 Making of complaints to Commissioner

(1) Any person may complain to the Commissioner about conduct of a police officer or administrative employee that is (or could be) police misconduct, administrative employee misconduct or officer maladministration.

(2) Any person may complain to the Commissioner about conduct of the NSW Police Force that is (or could be) agency maladministration.

(3) This section does not affect any other right of a person to complain about the conduct of an administrative employee or a police officer or the NSW Police Force.

Note.

Protections may be available under the Public Interest Disclosures Act 2022, Part 3, to persons who make a complaint referred to in this section, if the complaint is a public interest disclosure within the meaning of that Act.

Complaints may be made under other Acts, including the Law Enforcement Conduct Commission Act 2016, section 35. Equivalent protections may also be available under other Acts to persons who make complaints—for example, where the making of the complaint is protected action within the meaning of—

(a) the Independent Commission Against Corruption Act 1988, Part 8A, or

(b) the Ombudsman Act 1974, Part 4B, or

(c) the Law Enforcement Conduct Commission Act 2016, Part 6A.

See also this Act, sections 169A, 206 and 213.

s 124: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [23]. Am 2022 No 14, Sch 7.1[2].

125 Complaint to be in writing

125 Complaint to be in writing

(1) A complaint to the Commissioner must be in writing.

(2) However, the Commissioner—

(a) may accept a complaint that is not in writing if the Commissioner considers it appropriate to do so, and

(b) in that event, must reduce the complaint to writing as soon as practicable.

(3) A complaint may be made by delivering or sending it to the Commissioner or in any other manner determined by the Commissioner and publicly notified by the Commissioner.

s 125: Ins 1998 No 123, Sch 1 [3]. Am 2006 No 94, Sch 2 [23]. Subst 2016 No 61, Sch 5.1 [23].

126 Anonymous complaints

126 Anonymous complaints

(1) It is not necessary for a complainant to be identified in a complaint.

(2) Any provision of this Act or any misconduct matters management guidelines that require a complainant to be notified of any matter does not apply to or in respect of a complainant who is not identified in the complaint.

s 126: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [23].

127 Complaints made by prisoners

127 Complaints made by prisoners

(1) If a prisoner informs a prison officer that the prisoner wishes to make a complaint, the prison officer—

(a) must take all steps necessary to facilitate the making of the complaint, and

(b) must immediately send, unopened, any written matter addressed to a police officer (whether by name or by reference to an office held by that officer), the Commissioner (whether by name or by reference to that office) or to the LECC to that addressee.

(2) In this section—

prison officer means any person by whom the prisoner is detained, or in whose custody the prisoner is, or who is in charge of the prisoner and who, if a correctional officer within the meaning of the Crimes (Administration of Sentences) Act 1999, is authorised by or under that Act to accept correspondence from a prisoner.

prisoner means any person in lawful detention or custody.

Note—

See the Crimes (Administration of Sentences) Act 1999 and the regulations made under that Act in relation to the way a prisoner may send a letter.

s 127: Ins 1998 No 123, Sch 1 [3]. Am 2007 No 94, Sch 2. Subst 2016 No 61, Sch 5.1 [23]. Am 2025 No 6, Sch 2.2.

127A Member of Parliament may make complaint on behalf of a complainant

127A Member of Parliament may make complaint on behalf of a complainant

(1) A complaint may, with the consent in writing of a person, be made on his or her behalf by a member of Parliament.

(2) A member of Parliament does not become the complainant merely because the member makes a complaint to the Commissioner on behalf of another person but may be informed, notified, given or sent such advice about progress on or the outcome of a complaint as the Commissioner considers appropriate.

s 127A: Ins 2016 No 61, Sch 5.1 [23].

128 Misconduct matters information system

128 Misconduct matters information system

(1) The regulations may make provision for or with respect to a system for recording information about misconduct matters concerning police officers, administrative employees and the NSW Police Force received by the Commissioner or of which the Commissioner becomes aware under this Act and received by the LECC or of which the LECC becomes aware under the Law Enforcement Conduct Commission Act 2016 and, in particular, for or with respect to—

(a) the establishment, control, operation and maintenance of the system, and

(b) the registration of misconduct matters in the system, and

(c) the nature of the information about misconduct matters that is to be registered in the system, and

(d) the form in which any such information is to be entered into the system, and

(e) access to information in the system, and

(f) retention, amendment and deletion of material in the system, and

(g) security arrangements for the system, and

(h) mechanisms for identifying, preventing and detecting abuse, misuse or corrupt use of the system or information in the system.

(2) Protocols and memoranda of understanding may be entered into by the LECC and by the Commissioner regarding any matter for or with respect to which regulations may be made under this section.

(3) Any such protocol or memorandum is subject to the provisions of the regulations.

(4) A regulation made for the purposes of this section may create an offence punishable by a penalty not exceeding 50 penalty units.

s 128: Ins 1998 No 123, Sch 1 [3]. Am 2016 No 61, Sch 5.1 [25]–[27].

129 Registration of misconduct matters

129 Registration of misconduct matters

(1) The following must be registered in the misconduct matters information system—

(a) all police complaints, administrative employee complaints and agency complaints about the NSW Police Force received by the Commissioner and the LECC,

(b) such information about misconduct information as is required to be registered in the system by misconduct matters management guidelines.

(2) Despite subsection (1), the LECC may direct that information about a misconduct matter or a specified class of misconduct matters—

(a) is not to be entered in the misconduct matters information system, or

(b) is to be removed from the misconduct matters information system, or

(c) is to be entered or re-entered in the misconduct matters information system.

(2A) Despite subsection (1), information about a misconduct matter (or part of a misconduct matter) received by the LECC or of which it becomes aware that is not referred to the Commissioner is not required to be registered in the misconduct matters information system unless the LECC directs that a misconduct matter received by the LECC be entered in the system.

(3) The LECC Chief Commissioner, and such other officers of the LECC as are authorised in that regard by the Chief Commissioner, are to have unrestricted access to all information in the misconduct matters information system.

(4) The LECC Chief Commissioner may place a caveat on particular information registered in the system and, in that event, access to that information by other agencies and other persons is to be restricted in accordance with the terms of the caveat.

(5), (6) (Repealed)

s 129: Ins 1998 No 123, Sch 1 [3]. Am 2006 No 94, Sch 2 [24]; 2007 No 68, Sch 1 [20]; 2016 No 61, Sch 5.1 [28]–[31]; 2020 No 30, Sch 2.31[3].

130 Notices about police and administrative employee misconduct matters received by Commissioner

130 Notices about police and administrative employee misconduct matters received by Commissioner

(1) As soon as practicable after receiving a complaint, a police officer or other member of the NSW Police Force must forward the complaint to the Commissioner.

Note.

Section 211F imposes a duty on police officers to report misconduct.

(2) The Commissioner is to give the LECC notice of any notifiable misconduct matter received by the Commissioner under this Part or of which the Commissioner becomes aware.

Note.

The LECC may refer notifiable misconduct matters about police misconduct or officer maladministration to the Commissioner for police investigation with recommendations—see section 47 of the Law Enforcement Conduct Commission Act 2016.

(3) As soon as practicable after deciding under section 131 how to deal with a misconduct matter that is a notifiable misconduct matter, the Commissioner must, in accordance with any relevant misconduct matters management guidelines, notify the LECC of the Commissioner’s decision with respect to the misconduct matter.

(4) Nothing in this section requires notice of a misconduct matter to be given to the LECC if the LECC already has a copy of the misconduct matter.

s 130: Ins 1998 No 123, Sch 1 [3]. Am 2006 No 94, Sch 2 [25]. Subst 2016 No 61, Sch 5.1 [32].

131 Dealing with misconduct matters

131 Dealing with misconduct matters

(1) As soon as practicable after the Commissioner receives (or becomes aware of) a misconduct matter, and at any time during a police investigation of a misconduct matter, the Commissioner may (except as provided by subsection (3)) decide as follows—

(a) to investigate or otherwise deal with the misconduct matter under this Part,

(b) to refer the misconduct matter to the LECC for consideration of whether or not it is to be investigated by the LECC or otherwise dealt with under the Law Enforcement Conduct Commission Act 2016,

(c) to take no further action under this Part with respect to the misconduct matter.

Note.

The Commissioner may decide to take action with respect to administrative employee misconduct matters in accordance with the Government Sector Employment (NSW Police Force) Rules 2017, Part 6.

(2) A decision under subsection (1) may be made in respect of the whole or any part of a misconduct matter.

(3) The Commissioner must refer a misconduct matter received by the Commissioner or of which the Commissioner becomes aware that alleges, indicates or suggests that conduct of the Commissioner or a Deputy Commissioner is (or could be) officer misconduct to the LECC unless the misconduct has been referred to the Commissioner by LECC.

(4) The Commissioner is to take into account any misconduct matters management guidelines or recommendation of the LECC in deciding how to investigate or deal with the misconduct matter.

(5) If the Commissioner decides to refer a misconduct matter to the LECC, the Commissioner may recommend how the misconduct matter should be dealt with by the LECC.

(6) If the Commissioner decides that a misconduct matter that is a complaint does not need to be investigated, the Commissioner must notify the complainant of the decision and the reasons for it.

(7) Additional information from a complainant, and any existing information relevant to a misconduct matter to which the Commissioner can readily obtain access, may be used in making a decision concerning a misconduct matter.

(8) The making of a decision under this section is not an investigation of the misconduct matter to which the decision relates.

(9) The Commissioner may investigate or otherwise deal with any notifiable misconduct matter pending the making of a decision by the LECC under section 44 of the Law Enforcement Conduct Commission Act 2016.

s 131: Ins 1998 No 123, Sch 1 [3]. Subst 2006 No 94, Sch 2 [26]; 2016 No 61, Sch 5.1 [32]. Am 2023 No 35, Sch 2.10[1].

132 Factors affecting decision about investigation of or other dealing with police or agency misconduct matter

132 Factors affecting decision about investigation of or other dealing with police or agency misconduct matter

In deciding whether any misconduct matter concerning a police officer or the NSW Police Force should be, or does not need to be, investigated or dealt with, the Commissioner may have regard to such matters as the Commissioner thinks fit, including whether, in the Commissioner’s opinion—

(a) action has been, is being or will be taken to remedy the subject-matter of the misconduct matter without the need for an investigation, or

(b) the misconduct matter is frivolous, vexatious or not made in good faith, or

(c) the subject-matter of the misconduct matter is trivial, or

(d) the relevant conduct occurred too long ago to justify investigation, or

(e) there is or was available an alternative and satisfactory means of redress in relation to the relevant conduct, or

(f) the complainant does not or could not have an interest, or a sufficient interest, in the conduct complained of, or

(g) civil, criminal or disciplinary proceedings, or a coroner’s inquest, relating to the subject-matter of the misconduct matter are pending or reasonably in contemplation.

s 132: Ins 1998 No 123, Sch 1 [3]. Subst 2006 No 94, Sch 2 [26]; 2016 No 61, Sch 5.1 [32].

133 Decision of Commissioner as to investigation of notifiable misconduct matter concerning police misconduct or officer or agency maladministration

133 Decision of Commissioner as to investigation of notifiable misconduct matter concerning police misconduct or officer or agency maladministration

(1) This section applies to and in respect of a decision made by the Commissioner under section 131 with respect to a notifiable misconduct matter concerning police misconduct, officer maladministration or agency maladministration notified to the LECC in accordance with section 130 (3).

(2) If the LECC agrees with the Commissioner’s decision to investigate the misconduct matter—

(a) the Commission must notify the Commissioner, and

(b) the Commissioner must notify the complainant of the decision, and

(c) the Commissioner must cause the misconduct matter to be investigated under this Part and may, if of the opinion that it is appropriate to do so, notify the police officer whose conduct is the subject of the misconduct matter of the decision.

(3) If the LECC either disagrees with the Commissioner’s decision not to investigate the misconduct matter or considers that the misconduct matter should be investigated by the LECC under Part 6 of the Law Enforcement Conduct Commission Act 2016—

(a) the LECC must notify the Commissioner and the complainant of that fact, and

(b) the Commissioner must cause the misconduct matter to be investigated under Division 5 of this Part or the LECC may conduct the investigation under Part 6 of that Act.

(4) If the LECC and the Commissioner are unable to reach agreement, the LECC’s opinion is to be determinative of the matter.

s 133: Ins 1998 No 123, Sch 1 [3]. Am 2006 No 94, Sch 2 [27]; 2007 No 94, Sch 1.78 [1]–[4]. Subst 2016 No 61, Sch 5.1 [32].

Division 5 Action with respect to police and agency misconduct matters

Division 5 Action with respect to police and agency misconduct matters

pt 8A, div 5: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

134 Application of Division

134 Application of Division

This Division applies to and in respect of the investigation of misconduct matters concerning police officers and the NSW Police Force.

Note.

The Commissioner may decide to take action with respect to administrative employee misconduct matters in accordance with Part 8 of the Government Sector Employment Rules 2014.

ss 134–136: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

135 Investigation of police and agency misconduct matters by Commissioner

135 Investigation of police and agency misconduct matters by Commissioner

(1) The Commissioner is to cause a misconduct matter relating to a police officer or the NSW Police Force received by the Commissioner under this Act or referred to the Commissioner under the Law Enforcement Conduct Commission Act 2016 that the Commissioner decides to investigate to be investigated by a police officer or police officers in accordance with this Division.

(2) The Commissioner may specify matters that need to be examined or taken into consideration by the police officer or police officers in investigating the misconduct matter.

(3) The powers of the Commissioner to cause a misconduct matter to be investigated include the power to cause any action to be taken to resolve the misconduct matter in the manner that the Commissioner thinks fit, subject to this Act or any other law.

(4) Without limiting subsection (3), a person conducting an investigation may attempt to resolve a misconduct matter (being a complaint) by means of alternative dispute management procedures.

ss 134–136: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

136 Conduct of investigation

136 Conduct of investigation

(1) The police officer or police officers carrying out an investigation of a misconduct matter under this Division must—

(a) carry out the investigation in a manner that, having regard to the circumstances of the case, is both effective and timely, and

(b) in carrying out the investigation, have regard to any matters specified by the Commissioner under section 135 or by the LECC under section 47 of the Law Enforcement Conduct Commission Act 2016 as needing to be examined or taken into consideration.

(2) If the misconduct matter under investigation is indicative of a systemic problem involving the NSW Police Force generally, or a particular area of the NSW Police Force, the investigation may extend beyond any police officer to whom the misconduct matter relates—

(a) to the NSW Police Force generally, or that particular area of the NSW Police Force, and

(b) to other police officers and other members of the NSW Police Force.

ss 134–136: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

Division 6 Miscellaneous provisions relating to investigations under this Part

Division 6 Miscellaneous provisions relating to investigations under this Part

pt 8A, div 6: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

137 Information to be sent to complainant (if any) and LECC

137 Information to be sent to complainant (if any) and LECC

(1) As soon as practicable after the investigation of any misconduct matter by the Commissioner has been concluded and a report of the investigation finalised, the Commissioner must—

(a) if the investigation followed a complaint—

(i) if practicable, consult with the complainant before making a decision concerning any action to be taken as a result of the misconduct matter, and

(ii) provide the complainant with advice as to any action already taken, and as to the Commissioner’s decision concerning any action to be taken, as a result of the complaint, and

(b) provide the LECC with—

(i) a copy of the finalised report, and

(ii) advice as to any action already taken, and as to the Commissioner’s decision concerning any action to be taken, with respect to the misconduct matter, and

(iii) if the investigation followed a complaint, advice as to whether or not the complainant is satisfied with the action taken, or to be taken, as a result of the complaint.

(2) Subsection (1) (b) does not apply if the LECC has waived the requirement under section 106 (Discontinuance of oversight) of the Law Enforcement Conduct Commission Act 2016.

s 137: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

138 Commissioner’s progress reports to complainant

138 Commissioner’s progress reports to complainant

The Commissioner may from time to time report to the complainant on the progress of an investigation into a complaint.

s 138: Ins 1998 No 123, Sch 1 [3]. Am 2006 No 94, Sch 2 [28]. Subst 2016 No 61, Sch 5.1 [32].

139 Proceedings may be instituted if warranted

139 Proceedings may be instituted if warranted

(1) If it appears to a police officer conducting an investigation under this Part that sufficient evidence exists to warrant the prosecution of a police officer or an administrative employee for an offence, the police officer is to refer the matter to the Commissioner for consideration.

(2) The Commissioner must inform the LECC if the Commissioner decides to institute any such proceedings and of the particulars of the proceedings.

(3) Nothing in this section prevents the taking of disciplinary action against the police officer or administrative employee concerned.

s 139: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

140 Commissioner may decide to take no further action

140 Commissioner may decide to take no further action

(1) The Commissioner may discontinue or conclude an investigation with respect to a misconduct matter under this Part at any time.

(2) In deciding to discontinue or conclude an investigation with respect to a misconduct matter, the Commissioner may have regard to such matters as the Commissioner thinks fit, including the matters referred to in section 132.

(3) Where the Commissioner discontinues an investigation of a misconduct matter, the Commissioner must inform the complainant and the LECC in writing of the decision and the reasons for the decision.

(4) The Commissioner may, if of the opinion that it is appropriate to do so, notify the police officer whose conduct is the subject of a misconduct matter of a decision by the Commissioner concerning the misconduct matter.

s 140: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

141 Other police investigations not affected

141 Other police investigations not affected

(1) Nothing in this Part prevents the Commissioner or any other police officer from investigating, otherwise than under this Part, any matter relating to a misconduct matter, and such an investigation may be made even though an investigation under this Part—

(a) is not commenced, or

(b) is deferred or discontinued, or

(c) is completed, or

(d) is made the subject of an investigation under this Act or (subject to subsection (2)) any other Act.

(2) A matter that is the subject of a misconduct matter being investigated by the LECC under the Law Enforcement Conduct Commission Act 2016 must not be investigated under this Part, or otherwise, by the Commissioner unless—

(a) it is referred to the Commissioner by the LECC to be dealt with under this Part, or

(b) such an investigation is authorised to be carried out by the regulations or by the LECC, either generally or in a particular case.

s 141: Ins 1998 No 123, Sch 1 [3]. Am 2008 No 62, Sch 1.23. Subst 2016 No 61, Sch 5.1 [32].

142 Action on misconduct matter not affected by failure to comply with Part

142 Action on misconduct matter not affected by failure to comply with Part

Action taken with respect to a misconduct matter is not to be called into question in any legal proceedings merely because of any failure to comply with the requirements of this Part with respect to the referral or notification of the misconduct matter.

s 142: Ins 1998 No 123, Sch 1 [3]. Subst 2016 No 61, Sch 5.1 [32].

143

143–155 (Repealed)

Division 7

Divisions 7, 8

pt 8A, div 7 (ss 156–159): Ins 1998 No 123, Sch 1 [3]. Rep 2016 No 61, Sch 5.1 [32].

pt 8A, div 8: Ins 1998 No 123, Sch 1 [3]. Rep 2016 No 61, Sch 5.1 [32].

156

156–167 (Repealed)

Division 9 Miscellaneous

Division 9 Miscellaneous

pt 8A, div 9: Ins 1998 No 123, Sch 1 [3].

167A Offence of making false complaint about conduct of police officer or giving false information about misconduct matter

167A Offence of making false complaint about conduct of police officer or giving false information about misconduct matter

(1) A person must not make a complaint under this Part knowing the complaint to be false.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(2) A person must not, in the course of the investigation of a misconduct matter made under this Part, provide information to any of the following knowing the information to be false or misleading in a material particular—

(a) the Minister,

(b) a member of the NSW Police Force,

(c) the LECC,

(d) the Inspector of the LECC,

(e) the Independent Commission Against Corruption,

(e1) the Inspector of the Independent Commission Against Corruption,

(f) the New South Wales Crime Commission,

(g) the Ombudsman,

(g1) the Children’s Guardian,

(h) a member of Parliament,

(i) a prison officer within the meaning of section 127 (2).

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(3) Proceedings for an offence against this section may be instituted at any time within 2 years after the offence is alleged to have been committed.

s 167A: Ins 2001 No 79, Sch 1 [3]. Am 2005 No 10, Sch 2.7; 2016 No 61, Sch 5.1 [33]–[35]; 2019 No 25, Sch 5.29.

168

168, 169 (Repealed)

169A Identity of complainant not to be disclosed

169A Identity of complainant not to be disclosed

(1) Information tending to identify a person as a complainant (identifying information) is not to be disclosed by a member of the NSW Police Force.

(2) However, subsection (1) does not prevent the disclosure of the identifying information if—

(a) the person consents in writing to the disclosure of the identifying information, or

(b) it is generally known the person is a complainant as a result of the person’s voluntary self-identification as a complainant, or

(c) after consulting the person, the member of the NSW Police Force reasonably considers it necessary to disclose the identifying information to protect a person from detriment, or

(d) it is necessary the identifying information be disclosed to a person whose interests are affected by the complaint, or

(e) the identifying information has previously been lawfully published, or

(f) the identifying information is disclosed to a medical practitioner or psychologist for the purposes of the practitioner or psychologist providing medical or psychiatric care, treatment or counselling to the member of the NSW Police Force, or

(g) the identifying information is disclosed for the purposes of proceedings before a court or tribunal, or

(h) the disclosure of the identifying information is necessary to deal with the complaint effectively, or

(i) it is otherwise in the public interest to disclose the identifying information, or

(j) the identifying information is disclosed in accordance with a requirement of or made under this or another Act, or

(k) the identifying information is disclosed in accordance with guidelines established by the Commissioner for the purposes of this section.

(3) To avoid doubt, a person does not voluntarily self-identify as a complainant merely by making the complaint in confidence.

(4) In this section—

counselling includes psychological counselling.

detriment has the same meaning as in the Public Interest Disclosures Act 2022.

s 169A: Ins 2001 No 79, Sch 1 [4]. Subst 2022 No 14, Sch 7.1[3].

170 Certain documents privileged

170 Certain documents privileged

(1) A document brought into existence for the purposes of this Part is not admissible in evidence in any proceedings other than proceedings—

(a) that concern the conduct of police officers and are dealt with by the Commissioner, by the Industrial Relations Commission or by the Supreme Court in the exercise of its jurisdiction to review administrative action, or

(b) instituted against police officers or administrative employees for an offence against—

(i) section 206, or

(ii) the Public Interest Disclosures Act 2022, section 33, or

(iii) the Independent Commission Against Corruption Act 1988, section 79I, or

(iv) the Ombudsman Act 1974, section 31R, or

(v) the Law Enforcement Conduct Commission Act 2016, section 97H.

(2) Subsection (1) does not apply to or in respect of—

(a) a document comprising a misconduct matter, or

(b) a document published by order of, or under the authority of, the Presiding Officer of a House of Parliament or either House, or both Houses, of Parliament, or

(c) a document that a witness is willing to produce.

(3) Subsections (1) and (2) do not operate to render admissible in evidence in any proceedings any document that would not have been so admissible if this section had not been enacted.

s 170: Ins 1998 No 123, Sch 1 [3]. Am 2022 No 14, Sch 7.1[4] [5].

171 Part not to affect police officers’ other powers and duties

171 Part not to affect police officers’ other powers and duties

(1) This Part does not operate to absolve a police officer who receives a complaint from liability to perform any duty imposed on the police officer otherwise than by this Part.

(2) Action on a complaint may be taken otherwise than under this Part (including action involving criminal proceedings and action under Part 9) even if action on the complaint has yet to commence or is in progress under this Part.

(3) This section has effect despite any other provision of this Part.

s 171: Ins 1998 No 123, Sch 1 [3].

172 Use of Federal and interstate police for investigations

172 Use of Federal and interstate police for investigations

(1) The Commissioner may arrange for—

(a) a member of the Australian Federal Police, or

(b) a member of the Police Force (by whatever name described) of another State or Territory,

to be seconded or otherwise engaged to assist in the conduct of any investigation under this Part.

(2) For the purpose only of assisting in the conduct of an investigation under this Part, a member of a Police Force who is seconded or otherwise engaged as referred to in subsection (1)—

(a) has and may exercise all of the functions (including all of the powers, immunities, liabilities and responsibilities) that a police officer of the rank of constable has and may exercise under any law of the State (including the common law and this Act), and

(b) in particular—

(i) is exempt from the requirement of the Firearms Act 1996 to be authorised by a licence or permit to possess or use semi-automatic pistols (or to possess ammunition for any such pistol), and

(ii) for the purposes of section 7 of the Weapons Prohibition Act 1998, is authorised to possess handcuffs, body armour vests, Taser guns, extendable or telescopic batons and defence or anti-personnel spray.

s 172: Ins 1998 No 123, Sch 1 [3]. Am 2006 No 94, Sch 2 [31]; 2016 No 61, Sch 5.1 [37].

Part 9 Management of conduct within NSW Police Force

Part 9 Management of conduct within NSW Police Force

pt 9, hdg: Ins 1993 No 38, Sch 1 (3). Subst 1998 No 123, Sch 1 [4]. Am 2006 No 94, Sch 2 [32].

pt 9: Ins 1993 No 38, Sch 1 (3).

173 Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance

173 Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance

(1) In this section—

non-reviewable action means action referred to in Schedule 1.

reviewable action means action referred to in subsection (2), other than non-reviewable action.

(2) The Commissioner may order that the following action be taken with respect to a police officer who engages in misconduct—

(a) a reduction of the police officer’s rank or grade,

(b) a reduction of the police officer’s seniority,

(c) a deferral of the police officer’s salary increment,

(d) any other action (other than dismissal or the imposition of a fine) that the Commissioner considers appropriate.

(3) The Commissioner may also order that action referred to in subsection (2) be taken with respect to a police officer whom the Commissioner has required to participate in a remedial performance program prescribed by the regulations and whose performance as a police officer after having participated in that program is, in the Commissioner’s opinion, still unsatisfactory.

(4) The Commissioner may make an order under subsection (2) or (3) whether or not the misconduct or unsatisfactory performance has been the subject of a misconduct matter or investigation under Part 8A or the Law Enforcement Conduct Commission Act 2016 and whether or not the police officer has been prosecuted or convicted for an offence in relation to the misconduct or unsatisfactory performance.

(5) Before making an order for reviewable action, the Commissioner—

(a) must cause to be served on the police officer a notice that identifies the misconduct or unsatisfactory performance (including all relevant facts and circumstances) on the basis of which the Commissioner intends to make the proposed order, and

(b) must give the police officer 7 days from the date of service of the notice within which to serve notice on the Commissioner that he or she intends to make written submissions to the Commissioner in relation to the proposed order, and

(c) must take into consideration any written submissions received from the police officer—

(i) during the period of 7 days referred to in paragraph (b), or

(ii) if during that period the police officer serves notice on the Commissioner as referred to in paragraph (b), during the period of 21 days following the date on which that notice is served.

(6) As soon as practicable after making an order for reviewable action, the Commissioner must cause written notice that the order has been made to be served on the police officer concerned. The notice must be served personally or (if personal service is impracticable) by post.

(7) The written notice must contain the terms of the order and must indicate—

(a) the misconduct or unsatisfactory performance (including all relevant facts and circumstances) on the basis of which the order has been made, and

(b) whether the order results from a misconduct matter that has been investigated, or is being investigated, under Part 8A or the Law Enforcement Conduct Commission Act 2016, and

(c) the Commissioner’s reasons for making the order.

(8) An order for action referred to in subsection (2) takes effect—

(a) in the case of non-reviewable action, when the order is made, or

(b) in the case of reviewable action, at the expiry of the time within which an application for a review of the order may be made under section 174 or, if such an application is made within that time, when the application is finally determined.

(9) Except as provided by Division 1A—

(a) no tribunal has jurisdiction or power to review or consider any decision or order of the Commissioner under this section, and

(b) no appeal lies to any tribunal in connection with any decision or order of the Commissioner under this section.

In this subsection, tribunal means a court, tribunal or administrative review body, and (without limitation) includes the Industrial Relations Commission.

(10) Nothing in this section limits or otherwise affects the jurisdiction of the Supreme Court to review administrative action.

(11) Nothing in Division 1A limits or otherwise affects the Commissioner’s power to vary or revoke an order in force under this section.

(12) Despite section 31, the Commissioner’s functions under this section may only be delegated to a member of the NSW Police Force who is senior to the police officer in respect of whom those functions are being exercised.

s 173: Ins 1993 No 38, Sch 1 (3). Subst 1998 No 123, Sch 1 [5]. Am 2010 No 54, Sch 3.9 [10]; 2016 No 61, Sch 5.1 [38] [39].

Division 1A Review of Commissioner’s order under Division 1

Division 1A Review of Commissioner’s order under Division 1

pt 9, div 1A, hdg: Ins 1995 No 77, sec 3. Am 1996 No 29, Sch 1 (6). Subst 1998 No 123, Sch 1 [5].

pt 9, div 1A: Ins 1995 No 77, sec 3. Subst 1998 No 123, Sch 1 [5].

174 Review generally

174 Review generally

(1) A police officer in respect of whom an order for reviewable action is made under section 173 may apply to the Industrial Relations Commission (referred to in this Division as the Commission) for a review of the order on the ground that the order is beyond power or is harsh, unreasonable or unjust.

(2) An application may be made on behalf of the police officer by an industrial organisation of employees.

(3) An industrial organisation of employees may make one application on behalf of a number of police officers in respect of whom orders for reviewable action have been made at the same time or for related reasons. However, this subsection does not prevent the Commission from hearing a number of applications together or individually.

(4) An application may not be made by or on behalf of a police officer more than 21 days after the date on which written notice of the making of the order to which it relates was served on the police officer.

(5) Except to the extent to which the regulations otherwise provide, it is the duty of the Commissioner to make available to the applicant, for inspection and copying, all of the documents and other material on which the Commissioner has relied, or to which the Commissioner has had regard, in deciding to make the order to which the application relates.

ss 174–177: Ins 1993 No 38, Sch 1 (3). Subst 1998 No 123, Sch 1 [5].