16AMembers on probation

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 Police Administration Act 1978 16 (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.