NTIn ForceAct
Police Administration Act 1978
90Stand-down during review under section 88
Start here
Get a plain-English read of 90
Turn the raw legal text into a practical explanation grounded in Police Administration Act 1978.
90 Stand-down during review under section 88
(1) At any time after a notice under section 87 has been served on a
member the Commissioner may, if of the opinion that it is desirable
to do so:
(a) stand the member down from the Police Force for a period not
exceeding 3 months;
(b) direct the member to take any leave that has accrued to the
member under this Act; or
(c) transfer the member to perform other duties, including duties
(and at a rate of salary) of a lower rank,
pending the explanation of the member under section 87, the
outcome of the review under section 88, the expiration of the period
in which an appeal can be made, or where such an appeal is made,
the final determination of the appeal,
Police Administration Act 1978 50
(d) or do any one or more of those things, to have effect either
(2) Except as provided in this section, a decision of the Commissioner
is final and is not capable of being reviewed in a court.
(3) The Commissioner may, from time to time, extend a period during
which a member is stood down under subsection (1) for such
periods, each not exceeding 3 months, as the Commissioner thinks
fit.
(4) A member who is stood down under subsection (1) shall, unless the
Minister otherwise directs, be paid salary during the period during
which the member is stood down.
(5) Where a member appeals against the intention of the
Commissioner to retire the member as referred to in section 89(d)
and the appeal is allowed, the standing down of the member under
this section terminates on the date on which the appeal is allowed.
(6) The standing down of a member under this section, unless it is
sooner terminated, terminates on action being taken by the
Commissioner under section 89(c) or (d).
(7) If for any reason other than retirement as referred to in
section 89(d) a period during which a member is stood down under
this section without salary comes to an end, the member shall be
paid, in respect of that period, the salary to which the member
would have been entitled had he not been stood down.
(8) Unless the Commissioner otherwise directs, a period during which
a member is stood down under this section, other than a period that
is terminated by or under this section, shall not be taken into
account as service in calculating the person's sickness, recreation
or long service leave entitlements as a member.