Police Administration Act 1978

• All sworn members of the NT Police Force: their appointment conditions, duties, discipline and liability.
• Persons who interact with police, including those searched, arrested, detained, subjected to forensic procedures, or affected by the exercise of police powers at crime scenes or public order events.
• The Northern Territory, which bears vicarious liability for police tort claims under Part VIIA.
• Persons who commit offences against the Force (assault, obstruction, bribery etc.) under Part VIII.
• Persons and organisations connected to the cross-border application of the Act under the Cross-border Justice Act 2009.

Part II: The Police Force

Core functions (section 5(2)): The Force must perform its five core functions. These functions define the scope of the powers conferred in Part VII and the "function" concept in the section 148B protection.

Member's common law powers (section 25): Members perform duties and have powers conferred "by any law in force in the Territory". This includes common law powers of arrest and the power to use reasonable force. The Queen v Rolfe [2021] HCA 38 confirmed that section 148B applies to these common law powers as conferred by section 25, and to the statutory arrest power in section 124.

Oath (section 38): No member may exercise powers unless they have taken and subscribed an oath in the form in the Schedule.

Part IV: Discipline

Duties and obligations (Division 1): Members must comply with the Act, general orders and lawful directions. A member who fails to comply commits a breach of discipline.

Public interest dismissal (Division 2): The Commissioner may dismiss a member whose continued employment would not be in the public interest. Procedural requirements must be followed.

Disciplinary powers (Division 3): The Commissioner may take disciplinary action including a formal warning, reduction in rank, fine or dismissal. Appeals to the Police Appeals Tribunal are available under Part VI.

Part VII: Police powers

Search warrants (sections 117, 118): A magistrate or justice may issue a search warrant on application. Telephone warrants may be issued in urgent circumstances (section 118). Urgent warrantless searches may be conducted where there is a risk to life or evidence might be lost if a warrant is sought (section 119).

Arrest without warrant (section 123): A member may arrest without warrant a person the member has reasonable cause to believe has committed or is committing an offence. The arrest must be followed by production before a court as soon as reasonably practicable (Part VII, Division 6).

Arrest with warrant (section 124): A member may arrest a person pursuant to a warrant issued by a judge or justice.

Use of police dogs and horses (Division 1A): Members may use police dogs and horses for search, investigation and enforcement purposes under section 116C to 116G. The use of detection dogs may constitute reasonable grounds for a warrantless search under section 116F.

Handheld scanners (Division 1C): A senior member of prescribed rank may authorise the use of handheld metal detectors in a designated scanning area or on a public transport route (section 116KC). Use is subject to safeguards and record-keeping requirements. Failure to comply with a requirement to submit to a scan is an offence (section 116KI).

Forensic examinations (Division 7): Powers to take DNA samples, photographs, fingerprints and other forensic material from persons in custody. Separate provisions apply to blood testing for infectious diseases following certain incidents (Division 7AA).

Crime scenes (Division 7A): A member may declare an area a crime scene and restrict access to preserve evidence.

Public disorder powers (Division 5A): Where the Commissioner makes a public disorder declaration (a declaration that a public disorder is occurring or is imminent in a stated area), members have special powers to stop and search, give directions and remove persons from the declared area (section 135D). The Commissioner must report to the Ombudsman after each public disorder declaration (section 135H).

Commissioner's management and order-making powers (sections 14, 14A): The Commissioner manages the Force and may make general orders on any matter relevant to the administration, management or operation of the Force.

Delegation (section 15): The Commissioner may determine the establishment of the Force and delegate powers to other members.

Urgent search authority (section 119): A member may search without a warrant where the member has reasonable cause to believe evidence of a serious offence may be destroyed or a life is at risk if the search is not conducted immediately.

Public disorder declaration (section 135C): The Commissioner may make a declaration that a public disorder is occurring or imminent, activating additional police powers. Declarations expire unless extended, and the Commissioner may revoke them at any time (sections 135F, 135G).

Crime scene declarations: A senior member may declare a crime scene and take control of the area for investigative purposes.

Evidentiary uses of admissions (Division 6A): Members must record confessions and admissions in accordance with the recording requirements in Division 6A; unrecorded admissions may be affected in evidence.

Offences against the Force (Part VIII):

| Offence | Maximum penalty | |---|---| | Assault on a member (s 153) | Imprisonment | | Disarming a member (s 157A) | Imprisonment | | Resisting a member (s 158) | Fine and/or imprisonment | | Hindering a member (s 159) | Fine | | Killing or injuring a police dog or horse (s 159A) | Fine and/or imprisonment | | Unlawfully aiding release from custody (s 160) | Fine and/or imprisonment | | False representation to a member (s 154) | Fine | | Personation of a member (s 156) | Fine and/or imprisonment | | Offering bribes (s 157) | Fine and/or imprisonment | | Handheld scanner non-compliance (s 116KI) | Fine |

Penalty units: Penalties are expressed in penalty units under Northern Territory legislation. At the time of drafting, the value of one NT penalty unit is prescribed by the Penalty Units Act.

Limitation period (section 162): Actions and prosecutions against members must generally be commenced within 2 months of the act or omission complained of. This is a significant limitation that affects civil claimants.

• Prosecution limitation (section 162): Actions and prosecutions must be commenced within 2 months of the act or omission.
• Crime scene control: No fixed duration; the member managing the crime scene may control access for as long as reasonably necessary for investigative purposes.
• Public disorder declaration duration: Specified in the declaration; may be extended by the Commissioner. The Commissioner must report to the Ombudsman within 3 months after the declaration expires or is revoked (section 135H).
• Review of public disorder power (section 135J): The Ombudsman must conduct a review of the operation of Division 5A of Part VII within 12 months of commencement of the Division.
• Disciplinary processes: Governed by Division 3 of Part IV. Time limits are specified in the disciplinary procedures and general orders made by the Commissioner.

Criminal Code (NT): The Act is applied with the Criminal Code and the two instruments work together: the Act confers powers; the Criminal Code creates the offences in relation to which those powers are exercised. Section 4A confirms the application of the Criminal Code Act.

Cross-border Justice Act 2009 (NT) and Regulations: Note at the top of the Act states that the Act must be applied with the modifications in section 13 of the Cross-border Justice Act 2009. The regulations prescribe further modifications for cross-border operations, enabling NT police to exercise powers in other participating jurisdictions.

Misuse of Drugs Act 1990 (NT): Part VIA of the Act (use of dangerous drugs for training) requires dangerous drugs stored in the Police Force's drug vault to be analysed by an analyst as defined in the Misuse of Drugs Act 1990 (section 108(3)(b)).

Classification of Publications, Films and Computer Games Act 1985 (NT): Section 166 (sale or disposal of items) applies subject to section 112 of that Act.

Commonwealth legislation: The Act operates alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth) in relation to joint Commonwealth-Territory investigations. Kennedy v Baker [2004] FCA 562 considered search warrant powers under the Crimes Act 1914 in the context of a joint NT-AFP investigation, though that case primarily concerned the Commonwealth Act.

Section 148B protection is limited to powers and functions under the Act: The High Court in The Queen v Rolfe [2021] HCA 38 held that section 148B applies to the common law powers conferred by section 25 and the arrest power in section 124, but does not apply to the general functions listed in section 5(2) (such as "uphold the law and maintain social order"). This means a member who is accused of using excessive force cannot rely on section 148B protection on the basis that maintaining social order is a function listed in section 5, unless the specific power exercised falls under Part VII.

Two-month limitation period affects civil claimants significantly: Section 162 requires actions to be commenced within 2 months. This is much shorter than general limitation periods and can defeat legitimate claims by persons who are not aware of the Act's requirements or who delay in obtaining legal advice.

Discipline and criminal liability are separate: Part IV discipline is an internal administrative process. It operates independently of criminal charges. A member may face both disciplinary action and criminal prosecution for the same conduct. Conviction in criminal proceedings does not preclude disciplinary action, and vice versa.

Cross-border modifications must be considered for NT border operations: The Cross-border Justice Act 2009 and its regulations modify how the Act operates when NT police act in neighbouring jurisdictions or when officers from other jurisdictions exercise powers in the NT. Failure to identify the applicable modifications can lead to challenges to the legality of police actions.

Public disorder declaration powers are subject to Ombudsman oversight: Every public disorder declaration must be reported to the Ombudsman (section 135H). The Ombudsman's review function provides an accountability mechanism that is specifically legislated. Members involved in public disorder declarations should document their decisions carefully.

Example 1 (urgent warrantless search): An NT Police member is responding to a report of drug activity at a premises. The member has reasonable cause to believe that evidence of a serious drug offence is present and that a warrant cannot be obtained before the evidence is destroyed. The member may conduct an urgent search without a warrant under section 119. The search must be conducted in accordance with the Act's requirements, and the member should document the grounds for the urgent search.

Example 2 (arrest without warrant): A member observes a person committing an assault in a public place. Under section 123, the member may arrest the person without a warrant. The member must have reasonable cause to believe the person is committing or has committed an offence. After arrest, the person must be brought before a court as soon as reasonably practicable.

Example 3 (section 148B protection): A member uses force in arresting a person who was resisting arrest. The person later brings a civil claim for assault. The member may rely on section 148B protection if the force was used in the exercise of the arrest power under section 124, and was used in good faith. However, if the force was excessive, good faith may not be established, and the Territory's vicarious liability under Part VIIA, Division 3 would need to be considered.

Example 4 (handheld scanner at public transport facility): A senior member issues an authority under section 116KC for handheld scanner use at Darwin Bus Interchange, a designated scanning area. When a person refuses to submit to the handheld scan, the member may charge the person with an offence under section 116KI. Annual reporting on handheld scanner use is required under section 116KO.