Police Force Regulations 1979

• All sworn members of the WA Police Force.
• APLOs and police auxiliary officers (with specific exclusions and modifications).
• The Commissioner, who holds functions under multiple provisions.
• Persons dealing with WA Police (including persons subject to custody notification requirements under Part VII).

Part IV: Duties

Obedience to directions (regulation 401): Members must obey directions given by their superior officers, unless the direction is unlawful.

Behaviour (regulation 402): Members must conduct themselves in a professional and courteous manner at all times.

Care of firearms (regulation 403): Members must maintain proper care of their issued firearms and equipment.

Part VI: Disciplinary standards

The disciplinary regulations set out specific standards of conduct:

Regulation 601 (prejudicial conduct): A member must not engage in conduct that is prejudicial to the Force or likely to bring it into disrepute. This is the general catch-all disciplinary standard.

Regulation 602 (behaviour towards other members): Members must behave respectfully and professionally towards fellow members.

Regulation 603 (disobeying orders): Members must not disobey a lawful order. They may appeal an order but must comply while the appeal is pending.

Regulation 605 (performance generally): Members must perform their duties diligently and to the required standard.

Regulation 606 (false, misleading or inaccurate statements): Members must not make false, misleading or inaccurate statements in official documents or communications.

Regulation 607 (secrecy): Members must not disclose information obtained in the course of duty except officially, must not publicly comment on administrative actions without permission, and must not communicate Force-related information to unauthorised persons.

Regulation 608 (compromising position): Members must not receive bribes, solicit gratuities, place themselves under pecuniary obligation to licensed premises operators, or improperly use their position for personal advantage.

Regulation 609 (unlawful arrest and unnecessary force): Members must not make an unlawful arrest or use force unnecessarily or beyond what is reasonably required in the circumstances.

Regulations 615-617 (intoxicating liquor): Members on duty must not receive or consume intoxicating liquor (except in the performance of duty). Members must not enter licensed premises except for professional purposes.

Part VII: Custody notification service

Part VII imposes obligations relating to the custody notification service (CNS), which requires police to notify prescribed persons when an Aboriginal person is taken into custody. These are significant procedural obligations in the WA policing context.

Parts XI-XIV: Employment conditions

Leave (Part XI): Members are entitled to leave in accordance with the Regulations. The type of leave, conditions and procedures are prescribed.

Illness and injury (Part XIII): Medical and hospital expenses incurred by a member as a result of illness or injury arising in the course of duty are payable by the Commissioner (regulation 1306). Members who suffer illness or injury through their own fault or misconduct are not entitled to paid leave or medical expense reimbursement for that incapacity (regulation 1308).

Retirement, resignation, removal or death (Part XIV): Procedures for these forms of separation from the Force are prescribed, including documentation and entitlement calculation.

Commissioner's general powers: The Commissioner determines functions, duties and responsibilities of all members (regulation 301) and deploys members as needed.

Commissioner's authority on secrecy (regulation 607(2)): The Commissioner may give express permission for members to publicly comment on administrative actions or use Force information for other purposes.

Commissioner's discretion on illness and injury benefits (regulation 1309): Where incapacity results from the member carrying on a remunerative outside occupation, the Commissioner may grant or refuse paid leave.

Commissioner to pay medical expenses (regulation 1306): The Commissioner must pay the reasonable medical and hospital expenses incurred by a member as a result of illness or injury arising from or in the course of duties.

The Regulations themselves do not prescribe penalties for non-compliance by members. Disciplinary consequences for breaching the Regulations are provided in the Police Act 1892, which sets out the disciplinary process and available sanctions (including formal warning, loss of seniority, demotion, suspension, reduction in pay and dismissal).

Disciplinary proceedings under the Police Act for breach of the Regulations must follow the procedures prescribed in Part VIA of the Regulations (procedure relating to Part IIB of the Police Act 1892).

Key processes:

| Process | Details | |---|---| | Discipline under Part VIA | Procedure as specified in Part VIA and Police Act Part IIB | | Leave applications (Part XI) | As specified for each leave type | | Seniority determination (Part VIII) | Date of appointment or oath, then Academy performance, then age | | Custody notification service (Part VII) | As soon as practicable after custody commences |

Police Act 1892 (WA): The Regulations are made under the Police Act. The Police Act provides the disciplinary and employment framework; the Regulations prescribe the detailed conduct standards and procedures. Part VIA of the Regulations deals with procedures under Part IIB of the Act.

Police Act 1892, Part IIB: The disciplinary provisions of the Act that the procedural rules in Part VIA of the Regulations implement.

Disciplinary standards are broad: Regulation 601 (acting in a manner prejudicial to the Force) is extremely broad. Even off-duty conduct can fall within the standard if it is conduct "likely to bring [the Force] into disrepute." Members should be aware that their personal conduct outside working hours is not automatically exempt from disciplinary standards.

Secrecy obligations extend to all Force information: Regulation 607 covers all information obtained in the course of duty, not just classified or sensitive information. A member who discusses a routine matter with an unauthorised person may be in breach. The scope is wider than most employment confidentiality obligations.

Compromising position - licensed premises connection: Regulation 608(1)(c) specifically prohibits members from placing themselves under "pecuniary obligation to any person who is directly or indirectly interested in any premises licensed for sale of intoxicating liquor." This is a specific restriction that can arise from relatively ordinary commercial interactions (such as a police officer with a personal loan from a pub owner).

Seniority determines operational command: The seniority rules in Part VIII are not merely administrative. Seniority determines who is "in charge" when officers of the same rank are present, which in turn determines command authority and accountability. An error in seniority assessment can affect command decisions.

Example 1 (secrecy breach): A WA Police officer posts on a personal social media account about an investigation the officer is involved in, without Commissioner approval. The post is made in a private capacity. This is a breach of regulation 607(2): the officer has communicated Force-related information to the public without permission, regardless of the personal/private framing.

Example 2 (compromising position): A constable's brother-in-law runs a licensed hotel in the same area the constable patrols. The constable takes a personal loan from the brother-in-law. Under regulation 608(1)(c), this may place the constable under a "pecuniary obligation" to a person interested in licensed premises, potentially compromising the constable's position when dealing with that premises.

Example 3 (illness and injury): A senior constable suffers a back injury while carrying out a physical arrest. The injury is not the member's fault. Under regulation 1306, the Commissioner must pay the reasonable medical and hospital expenses. If, however, the injury occurred because the member was under the influence of alcohol while on duty (the member's own fault under regulation 1308), the member would not be entitled to those benefits.

Example 4 (seniority dispute): Two constables of the same rank are present at a scene where a senior officer is absent. Regulation 803 (seniority rules) governs who is in charge. The constable who took the oath of office first is senior. If both took the oath on the same date and attended the Police Academy, the one with the higher Academy rating is senior (regulation 803(3)(b)(i)).