NTIn ForceAct
Police Administration Act 1978
92Promotion appeals
Start here
Get a plain-English read of 92
Turn the raw legal text into a practical explanation grounded in Police Administration Act 1978.
92 Promotion appeals
(1) Subject to this section, an appeal may be made by a person
mentioned in subsection (1A) if the Commissioner:
(a) promotes, under section 16(1)(b) or (3), a member to the rank
of Senior Sergeant or a rank below that rank; or
(b) makes an appointment contrary to section 18(5); or
(c) refuses, under section 166AA(3), to promote or transfer a
member.
(1A) The appeal may be made by:
(a) in the case of a promotion – a member who is qualified, and
who applied, for promotion to the rank to which the promotion
was made; or
(b) in the case of an appointment – a Police Cadet who was, at
the time of the appointment, qualified for promotion to the rank
of Constable and who is still so qualified; or
(c) in the case of a refusal – the member whose promotion or
transfer was refused.
(1B) The appeal must be made, in the manner and form prescribed by
regulation, to a Promotions Appeal Board.
(2) The appeal must be lodged within 14 days, or a longer period as
the Commissioner in a particular case allows, after:
(a) for an appeal against a promotion or appointment – notice is
given in the Police Gazette of the promotion or appointment;
or
(b) for an appeal against a refusal – written notice of the refusal is
given to the member.
(3) The only ground on which an appeal may be made under
subsection (1)(a) is that the appellant has superior merit to the
member promoted.
(4) Subject to subsection (5), the procedures in and in relation to an
appeal under this section (including the power to compel the
attendance of witnesses and the giving of evidence), are as
Police Administration Act 1978 53
prescribed or, where there is no procedure prescribed in relation to
a particular matter, are in the discretion of the Appeal Board.
(5) Neither the Commissioner nor an appellant may be represented by
a legal practitioner at the hearing of an appeal under this section.