NTIn ForceAct
Police Administration Act 1978
16AMembers on probation
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16A Members on probation
(1) This section applies to a person appointed to be a member of the
Police Force under:
(a) section 16(1)(a); or
(b) section 16(1)(ab); or
(ba) section 16(1)(ac); or
(c) section 19.
(2) The person is on probation from the day on which the person
commences duties in accordance with the person's appointment to
the day on which the person's appointment is confirmed or
terminated under this section.
(3) Subject to subsection (4A), the person's initial probation period is:
(a) if appointed under section 16(1)(a) – 2 years; or
(b) if appointed under section 16(1)(ab) or (ac) – 6 months; or
(c) if appointed under section 19 – 1 year.
(4) The Commissioner may direct that the person's initial probation
period be a shorter period than it would otherwise be under
subsection (3) if satisfied that the shorter period is appropriate
having regard to the person's qualifications and experience.
(4A) If the Commissioner gives a direction under subsection (4), the
person's initial probation period is the period specified in the
direction.
(5) As soon as practicable after the end of the person's initial probation
period or a further period specified under paragraph (c), the
Commissioner must:
(a) confirm the appointment; or
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(b) terminate the appointment; or
(c) direct that the person continue on probation for a further
specified period not exceeding 6 months.
(5A) The person's probation may be extended under subsection (5)(c)
more than once.
(6) The Commissioner may terminate the person's appointment at any
time during the person's probation if the Commissioner is of the
opinion that the person:
(a) has committed a breach of discipline mentioned in section 76;
or
(b) is unlikely to become an efficient member of the Police Force;
or
(c) should not be a member of the Police Force, based on
information about the person's integrity or character not
considered by the Commissioner at the time of the person's
appointment.
Note for section 16A
A member of the Police Force who is on probation and has not yet taken an oath
mentioned in section 26 must not exercise powers under Part VII or any other law
of the Territory.
16AA Issue of commission
The Administrator may issue the Administrator's commission to a
member appointed or promoted under section 16 by the
Commissioner to the rank of Superintendent or a rank above that
rank, whether the appointment or promotion was made before or
after the commencement of this section.
16AAA Term or contract employment
(1) The Commissioner may, from time to time, determine the duties or
classes of duties in the Police Force of a member of or above the
rank of Commander that:
(a) may be performed on an appointment for a fixed period; or
(b) may only be performed on an appointment for a fixed period.
(2) Duties referred to in subsection (1) may, subject to the relevant
determination under that subsection, be performed either by the
appointment under section 16 of a person on contract or by the
promotion or transfer of a member for a fixed term.
Police Administration Act 1978 17
(3) In making a determination under subsection (1), the Commissioner
shall specify a period, not exceeding 5 years, as the period for
which a person may be employed to perform the duties.
(4) The Commissioner may determine the terms and conditions to
apply to and in relation to employment to perform duties referred to
in subsection (1), and where such a term or condition is
inconsistent with this Act, the term or condition so determined
prevails and the conditions of or under this Act, to the extent of the
inconsistency, have no effect.
(5) The period of employment to perform duties referred to in
subsection (1) may be renewed from time to time by the
Commissioner for a period not exceeding the duration of the
original period.
(6) Where duties referred to in subsection (1) are performed by a
member promoted or transferred as referred to in subsection (2),
the terms and conditions to which the member is subject as a
permanent member at his rank shall be deemed to be varied, to the
extent of the determination under subsection (4), for the duration of
the period during which the member performs those duties.