Part 1 Preliminary

Part 1 Preliminary

1 Name of regulation

1 Name of regulation

This regulation is the Police Regulation 2025.

2 Commencement

2 Commencement

This regulation commences on the day on which this regulation is published on the NSW legislation website.

Note—

This regulation replaces the Police Regulation 2015, which is repealed by this regulation.

3 Definitions

3 Definitions

The dictionary in Schedule 5 defines words used in this regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Police officers—general matters

Part 2 Police officers—general matters

Division 1 Preliminary

Division 1 Preliminary

4 Division of State for police purposes—the Act, s 219(2)(i)

4 Division of State for police purposes—the Act, s 219(2)(i)

The Commissioner may, for managing the NSW Police Force—

(a) divide the State into areas, however described, and

(b) establish commands, branches, sections, special task forces and other groups of police officers.

Note—

The Act, section 10(6) provides that the Commissioner may establish, abolish or change the name of a branch or other part of the NSW Police Force.

5 Grades within ranks of police officers—the Act, s 12(3)

5 Grades within ranks of police officers—the Act, s 12(3)

(1) The grades within the rank of superintendent are, in descending order—

(a) chief superintendent, and

(b) superintendent.

(2) The grades within the rank of inspector are, in descending order—

(a) chief inspector, and

(b) inspector.

(3) The grades within the rank of sergeant are, in descending order—

(a) senior sergeant, and

(b) sergeant.

(4) The grades within the rank of constable are, in descending order—

(a) senior constable, and

(b) constable.

6 Designation as detective—the Act, s 219(2)(i)

6 Designation as detective—the Act, s 219(2)(i)

A police officer of any rank who satisfies the requirements specified by the Commissioner may be designated as a detective.

7 Oath or affirmation—the Act, s 13(1)

7 Oath or affirmation—the Act, s 13(1)

The form of the oath or affirmation a police officer must take is—

(a) for an oath—set out in Schedule 1, section 1(1), or

(b) for an affirmation—set out in Schedule 1, section 1(2).

8 Health assessments—the Act, s 219(2)(i)

8 Health assessments—the Act, s 219(2)(i)

A police officer must undergo a health assessment in accordance with the government sector employment rules under the Government Sector Employment Act 2013 in the same way as if the officer was a Public Service employee whose engagement in a Public Service agency is subject to a health assessment—

(a) before completing the officer’s probation, and

(b) at any other time as directed by the Commissioner.

Division 2 Duties and responsibilities—the Act, s 219(2)(i)

Division 2 Duties and responsibilities—the Act, s 219(2)(i)

9 Supervisory responsibilities of police officers

9 Supervisory responsibilities of police officers

A police officer who is in charge of a branch or other part of the NSW Police Force, however described, is responsible to the Commissioner for the proper performance of duty by the police officers and administrative employees assigned to the branch or part.

10 Responsibility for peace and good order of areas of State

10 Responsibility for peace and good order of areas of State

A police officer is responsible for the peace and good order of an area of the State if the officer is—

(a) one of the following—

(i) a NSW Police Force senior executive,

(ii) a superintendent,

(iii) an inspector, and

(b) in charge of the area.

11 Performance of duties by police officers

11 Performance of duties by police officers

A police officer must—

(a) comply with the Act and this regulation, and

(b) comply with the lawful orders of a person in authority over the officer, and

(c) serve wherever the officer is directed to serve, and

(d) perform the duties the officer is lawfully directed to perform, whether or not during the officer’s rostered hours of duty.

12 Off duty police officers

12 Off duty police officers

(1) An off duty police officer—

(a) must comply with the following—

(i) the Act,

(ii) this regulation, including the code of behaviour in Schedule 3,

(iii) the NSW Police Force Code of Conduct and Ethics issued by the Commissioner, and

(b) must not engage in misconduct, and

(c) may, unless on sick leave, be recalled to duty.

(2) An off duty police officer who intends to be absent from the officer’s usual place of residence for longer than 24 hours must, if directed by a supervising officer, give notice of the absence to—

(a) the supervising officer, or

(b) another police officer or administrative employee nominated by the supervising officer.

(3) A notice under subsection (2) must include—

(a) details of where the off duty police officer intends to be, and

(b) details of how the off duty police officer may be contacted.

(4) In this section—

off duty includes the following—

(a) rostered off duty,

(b) on annual leave,

(c) suspended from duty,

(d) otherwise absent from duty.

Division 3 Uniform, insignia and equipment—the Act, s 219(2)(i)

Division 3 Uniform, insignia and equipment—the Act, s 219(2)(i)

13 Police officers to wear police uniform

13 Police officers to wear police uniform

(1) A police officer must, unless otherwise authorised or directed by the Commissioner, wear police uniform when on duty.

(2) The pattern or cut of a police uniform must not be altered unless authorised or directed by the Commissioner.

14 Police officers to wear police identification

14 Police officers to wear police identification

(1) Police identification must be—

(a) in the form determined by the Commissioner from time to time, and

(b) worn by police officers in the way the Commissioner directs.

(2) In this section—

police identification means the following—

(a) insignia of rank,

(b) badges,

(c) nameplates,

(d) service numbers.

15 Loss or damage of police uniform and equipment

15 Loss or damage of police uniform and equipment

(1) A police officer is responsible for the care and safekeeping of all articles of police uniform and equipment given to the officer.

(2) A police officer is responsible for damage to, or the loss of, each article of uniform or equipment caused by the officer’s neglect or lack of safekeeping.

(3) The Commissioner may require a police officer to pay the cost of replacement of an article of police uniform or equipment that is damaged or lost as a result of the police officer’s neglect or lack of safekeeping.

Division 4 Awards and medals—the Act, s 219(2)(i)

Division 4 Awards and medals—the Act, s 219(2)(i)

16 Definition

16 Definition

In this division—

special constable means a person employed under the Act, section 81G.

17 Commissioner’s Valour Award

17 Commissioner’s Valour Award

(1) A police officer who performs an act of conspicuous merit involving exceptional bravery while on duty may be awarded the Commissioner’s Valour Award.

(2) A special constable who performs an act of conspicuous merit involving exceptional bravery while on duty may be awarded the Commissioner’s Valour Award.

(3) A recipient of the Commissioner’s Valour Award is entitled to use the post-nominal “VA”.

18 Bar for Valour Award

18 Bar for Valour Award

(1) A police officer who has previously been granted the Valour Award and who performs a further act of conspicuous merit involving exceptional bravery while on duty may be awarded a Silver Bar to the Commissioner’s Valour Award.

(2) A special constable who has previously been granted the Valour Award and who performs a further act of conspicuous merit involving exceptional bravery while on duty may be awarded a Silver Bar to the Commissioner’s Valour Award.

(3) A recipient of a Silver Bar to the Commissioner’s Valour Award is entitled to use the post-nominal “VA*”.

19 New South Wales Police Medal

19 New South Wales Police Medal

A police officer may be awarded the New South Wales Police Medal by the Commissioner in accordance with guidelines relating to medals and awards approved by the Commissioner from time to time.

Division 5 Gratuities and rewards

Division 5 Gratuities and rewards

20 Gratuities for special services—the Act, s 219(2)(i)

20 Gratuities for special services—the Act, s 219(2)(i)

The Commissioner may approve the payment of gratuities, or recommend the payment of rewards, for special services by police officers.

Division 6 Miscellaneous

Division 6 Miscellaneous

21 Certificate of service—the Act, s 219(2)(i)

21 Certificate of service—the Act, s 219(2)(i)

(1) A police officer who resigns or retires from the NSW Police Force is entitled to be given a certificate of service.

(2) A police officer must not be given a certificate of service in the following circumstances—

(a) the officer is the subject of section 80 dismissal action,

(b) the officer is the subject of a section 181D order,

(c) the officer resigns or retires from the NSW Police Force after being notified that—

(i) the Commissioner is considering taking section 80 dismissal action in relation to the officer, or

(ii) the Commissioner is considering making a section 181D order in relation to the officer, or

(iii) the officer is subject to an investigation under the Act or the Law Enforcement Conduct Commission Act 2016.

(3) A police officer who, under subsection (2)(c)(iii), is not given a certificate of service is entitled to a certificate of service if, after the investigation and any proceedings are complete, there is no evidence of misconduct by the officer.

Part 3 Appointment and promotion of police officers

Part 3 Appointment and promotion of police officers

22 Definitions

22 Definitions

In this division—

confirmation fitness report—see section 25(1).

promotion fitness report—see section 27(1).

23 Appointment of constables on probation

23 Appointment of constables on probation

(1) When first appointed as a police officer of the rank of constable, a person must be appointed on probation—

(a) for a period of 1 year, or

(b) for a period of at least 6 months as the Commissioner may direct in relation to the person.

(2) However, if the person has previously served as a police officer in a police force, the Commissioner may—

(a) direct that the period of probation be less than 6 months, or

(b) waive the period of probation.

(3) All or part of the person’s previous service may, with the approval of the Commissioner, be counted towards the person’s seniority.

(4) In this section—

police force means—

(a) the NSW Police Force, or

(b) another police service or police force, however described.

24 Confirmation of appointment as constable

24 Confirmation of appointment as constable

Confirmation of a probationary constable’s appointment as a police officer of the rank of constable is subject to—

(a) the probationary constable successfully completing basic training, as determined by the Commissioner, and

(b) the probationary constable completing the required period of probation, and

(c) a satisfactory confirmation fitness report being given for the probationary constable, and

(d) the other requirements of this division.

25 Fitness report for probationary constables

25 Fitness report for probationary constables

(1) A probationary constable’s appointment as a police officer of the rank of constable must not be confirmed unless a police officer designated by the Commissioner has given a report (a confirmation fitness report) that the probationary constable is fit to satisfactorily discharge the duties of constable.

(2) The confirmation fitness report must deal with the probationary constable’s—

(a) medical fitness, as indicated by a health assessment referred to in section 8, and

(b) aptitude for the discharge of the duties of constable, and

(c) competence, integrity, performance and conduct.

(3) If, on the day on which the Commissioner would otherwise confirm the probationary constable’s appointment (the notional confirmation day), the constable is medically unfit but satisfies all other requirements for confirmation, the Commissioner may confirm the appointment on and from the day the probationary constable is certified medically fit by a medical practitioner.

(4) The seniority of a constable whose appointment is confirmed under subsection (3) must be determined—

(a) if the constable’s medical unfitness was due to a wound, injury or sickness sustained in the execution of duty—as if the appointment had been confirmed—

(i) if the notional confirmation day occurred not more than 12 months before the day on which the constable’s appointment was actually confirmed—on the notional confirmation day, or

(ii) if the notional confirmation day occurred more than 12 months before the day on which the constable’s appointment was actually confirmed— on the day occurring 12 months before the day on which it was actually confirmed, or

(b) if the constable’s medical unfitness was not due to a wound, injury or sickness sustained in the execution of duty—as if the appointment had been confirmed—

(i) if the notional confirmation day occurred not more than 9 months before the day on which the constable’s appointment was actually confirmed—on the notional confirmation day, or

(ii) if the notional confirmation day occurred more than 9 months before the day on which the appointment was actually confirmed—on the day occurring 9 months before the day on which it was actually confirmed.

26 Promotion of constables

26 Promotion of constables

The promotion of a constable to the grade of senior constable is subject to—

(a) the constable’s successful completion of internal or external qualifications required for the rank of senior constable, as determined by the Commissioner, and

(b) the constable’s completion of 4 years service—

(i) from the date on which the constable’s appointment was confirmed, or

(ii) if the constable’s seniority runs from an earlier day—from the earlier day, and

(c) a satisfactory promotion fitness report being given for the constable, and

(d) the other requirements of this division.

27 Fitness report for promotion to senior constable

27 Fitness report for promotion to senior constable

(1) A constable must not be promoted to the grade of senior constable unless a police officer designated by the Commissioner has given a report (a promotion fitness report) that the constable is fit to satisfactorily discharge the duties of senior constable.

(2) The promotion fitness report must deal with the constable’s—

(a) aptitude for the discharge of the duties of senior constable, and

(b) competence, integrity, performance and conduct.

28 Exceptional bravery or specially meritorious service

28 Exceptional bravery or specially meritorious service

(1) Despite anything to the contrary in this division, the Commissioner may, on the basis of exceptional bravery or specially meritorious service by a probationary constable or constable—

(a) confirm the appointment of a probationary constable, or

(b) promote a constable to the grade of senior constable.

(2) A police officer whose appointment is confirmed or who is promoted under this section is not eligible for further promotion until the officer satisfies the qualifications for—

(a) the grade the officer is appointed or promoted to under this section, and

(b) the grade of the further promotion.

pt.3-div.2-sdiv.1 Preliminary

Subdivision 1 Preliminary

29 Application of division

29 Application of division

This division applies to the promotion of non-executive police officers to the rank of sergeant, inspector or superintendent.

30 Definitions

30 Definitions

In this division—

appointed person means the person appointed by the Minister under section 40.

eligible non-executive police officer—see section 31(1).

position-based assessment, for a position, means an assessment, including at least a written application and an interview, of a police officer’s suitability for the position against the pre-established standards for the position.

pre-established standards, for a position, means the capability, knowledge, qualification and experience standards for the position.

promotion rank—see section 31(1).

rank-based assessment, for a rank, means the following assessments of a police officer’s suitability for the rank—

(a) an assessment of the officer’s individual capabilities against the capabilities required for the rank,

(b) an assessment of the officer’s technical skills and operational knowledge against the technical skills and operational knowledge required for the rank.

pt.3-div.2-sdiv.2 Promotions process

Subdivision 2 Promotions process

31 Eligibility criteria to participate in promotions process

31 Eligibility criteria to participate in promotions process

(1) A non-executive police officer (an eligible non-executive police officer) is eligible to participate in the process for promotion to the rank (the promotion rank) of sergeant, inspector or superintendent under this division if—

(a) the officer has completed the required time at rank for the rank below the promotion rank, and

(b) the Commissioner—

(i) has made inquiries as to the integrity of the officer under the Act, section 71(1)(a), and

(ii) following the making of those inquiries, is satisfied the officer is suitable to participate in the process.

(2) In this section—

required time at rank, for a rank, means a period of not less than 2 years at the rank.

32 Stage A—rank-based assessments

32 Stage A—rank-based assessments

(1) Before applying for a promotion to a promotion rank in accordance with section 33, an eligible non-executive police officer must, to the satisfaction of the Commissioner, successfully complete the rank-based assessment for the promotion rank.

(2) The officer must have successfully completed the assessment not more than 2 years before the day of making the application for promotion.

33 Stage B—promotion applications and position-based assessments

33 Stage B—promotion applications and position-based assessments

(1) An eligible non-executive police officer who has successfully completed the rank-based assessment for a promotion rank in accordance with section 32 may apply for a promotion to the rank when a position for the rank is advertised.

(2) An officer who applies for a promotion to the advertised position must undertake the position-based assessment for the position.

(3) A decision about promotion must be based on the outcome of the position-based assessment to determine the officer best suited to the requirements of the position.

(4) The following principles apply in relation to a decision about promotion—

(a) pre-established standards for a position must be expressed as levels against each capability or other requirement for the position,

(b) an officer may be appointed to a position only if the officer meets the pre-established standards for the position.

pt.3-div.2-sdiv.3 Review of promotion decisions

Subdivision 3 Review of promotion decisions

34 Review of Stage A—rank-based assessments

34 Review of Stage A—rank-based assessments

(1) An eligible non-executive police officer may apply to the Commissioner for a review of the Commissioner’s determination of the officer’s completion of the rank-based assessment.

(2) The application may only be made on the following grounds—

(a) the process, or part of the process, relating to the assessment was irregular,

(b) the outcome of an assessment of the officer’s individual capabilities was unreasonable, having regard to all the circumstances,

(c) the outcome of an assessment of the officer’s technical skills and operational knowledge was incorrect, having regard to all the circumstances.

(3) An application must—

(a) be in writing, and

(b) state the grounds on which the application is made, and

(c) be made no later than 48 hours after the officer is notified of the Commissioner’s decision.

35 Review of Stage B—position-based assessments

35 Review of Stage B—position-based assessments

(1) An eligible non-executive police officer may apply to the Commissioner for a review of the outcome of the officer’s position-based assessment.

(2) The application may only be made on the ground that the process, or part of the process, relating to the assessment was irregular.

(3) The application must—

(a) be in writing, and

(b) state the grounds on which the application is made, and

(c) be made no later than 48 hours after the officer is notified of the outcome of the assessment.

(4) A review under this section is not a review of the merits of the outcome of the assessment.

(5) The permanent appointment of an officer in the position to which the review relates must not be implemented until the review has been completed.

36 Commissioner’s assessment of grounds for review

36 Commissioner’s assessment of grounds for review

(1) On receiving an application for a review, the Commissioner must—

(a) assess the grounds on which the application is purported to have been made, and

(b) decide whether the application sets out a ground for making the application.

(2) If the Commissioner is satisfied the application sets out a ground for making the application, the Commissioner must—

(a) convene a review panel for the purposes of determining the application, and

(b) refer the application to the review panel for determination.

(3) If the Commissioner is satisfied the application does not set out a ground for making the application, the Commissioner must dismiss the application.

(4) A decision of the Commissioner under this section is final and not subject to any further review.

37 Composition of review panel

37 Composition of review panel

(1) A review panel must consist of the following members—

(a) an employer representative appointed by the Commissioner,

(b) an employee representative appointed by the President of the Police Association of NSW,

(c) an independent person appointed by the Minister.

(2) The independent person appointed by the Minister is the chair of the panel.

(3) A person who was involved in the determination or outcome the subject of the review must not be a member of a review panel determining an application for a review of the determination or outcome.

38 Procedure for conducting review

38 Procedure for conducting review

(1) The procedure for conducting the review must be determined by the review panel.

(2) However, the review must not be conducted as a hearing that involves persons appearing before the review panel.

(3) In conducting the review, the review panel may consider any information the panel considers relevant to the determination or outcome the subject of the review.

39 Decision of review panel

39 Decision of review panel

(1) In deciding an application for a review made under section 34(1), the review panel may—

(a) affirm the Commissioner’s determination, or

(b) vary the Commissioner’s determination, or

(c) set aside and substitute the Commissioner’s determination, or

(d) allow the officer to attempt a rank-based assessment again.

(2) In deciding an application for a review made under section 35(1), the review panel may—

(a) if satisfied the process relating to the assessment was not in any way irregular—affirm the outcome, or

(b) if satisfied the process relating to the assessment was in any way irregular—recommend the outcome be revoked and another assessment process be carried out.

(3) The decision supported by a majority of the members of the review panel is the decision of the panel.

(4) The review panel must, within 72 hours after making the decision, notify the Commissioner and the applicant of the decision and the reasons for the decision.

(5) Failure by the review panel to give notice within the period prescribed under subsection (4) does not invalidate the decision.

(6) A decision of the review panel under this section is final and not subject to any further review.

pt.3-div.2-sdiv.4 Review of decisions made on integrity grounds

Subdivision 4 Review of decisions made on integrity grounds

40 Minister to appoint person to conduct reviews on integrity grounds

40 Minister to appoint person to conduct reviews on integrity grounds

The Minister must appoint a person to conduct reviews of decisions under this subdivision.

41 Application for review of decisions made on integrity grounds

41 Application for review of decisions made on integrity grounds

(1) An eligible non-executive police officer may apply to the Commissioner for a review of the following decisions made on grounds relating to the integrity of the officer—

(a) that the officer is unsuitable to participate in a process for promotion,

(b) to suspend or remove the officer from any part of a process for promotion.

(2) The application must—

(a) be in writing, and

(b) state the grounds on which the application is made, and

(c) be made no later than 7 days after the officer is notified of the decision.

(3) Within 48 hours of receiving the application, the Commissioner must refer the application to the appointed person.

42 Procedure for conducting review

42 Procedure for conducting review

(1) The procedure for conducting the review must be determined by the appointed person.

(2) However, the review must not be conducted as a hearing that involves persons appearing before the appointed person.

(3) The Commissioner is authorised to give the appointed person information on which the decision the subject of the review was based, including information about the integrity of the officer.

(4) The appointed person may—

(a) require the officer to give further information in relation to the application, and

(b) ask the Commissioner to give information relevant to the decision the subject of the review, and

(c) obtain expert advice in relation to a matter that is relevant to the review, and

(d) inform themselves in any other way the appointed person thinks appropriate.

(5) The Commissioner must, if asked by the appointed person, give the appointed person any information relevant to the decision the subject of the review.

(6) In conducting the review, the appointed person may consider—

(a) written information given by the officer, and

(b) information given by the Commissioner under subsection (3), (4)(b) or (5).

43 Decision of appointed person

43 Decision of appointed person

(1) In deciding the application, the appointed person may—

(a) affirm the decision the subject of the application, or

(b) vary the decision the subject of the application, or

(c) set aside and substitute the decision the subject of the application.

(2) The appointed person must, as soon as practicable after making the decision, notify the Commissioner and the applicant of the decision and the reasons for the decision.

(3) However, the notice of the reasons for the decision under subsection (2) must not—

(a) without the approval of the Commissioner, disclose the existence, nature or content of the following—

(i) an ongoing criminal investigation,

(ii) an ongoing investigation under the Act, Part 8A, or

(b) without the approval of the LECC Chief Commissioner, disclose the existence, nature or content of an ongoing investigation under the Law Enforcement Conduct Commission Act 2016, Part 6.

(4) The decision of the appointed person is taken to be the decision of the Commissioner.

(5) The decision of the appointed person under this section is final and not subject to any further review.

Part 4 Misconduct and unsatisfactory performance of police officers

Part 4 Misconduct and unsatisfactory performance of police officers

44 Victimisation—the Act, s 219(2)(i)

44 Victimisation—the Act, s 219(2)(i)

(1) A police officer must not take relevant action against another police officer in retaliation for the other police officer making—

(a) a report under this part, or

(b) a complaint under the Act, Part 8A, or

(c) a public interest disclosure under the Public Interest Disclosures Act 2022, or

(d) a disclosure to another police officer.

(2) To avoid doubt, subsection (1) does not prevent the taking of reasonable management action within the meaning of the Public Interest Disclosures Act 2022 in relation to a public official who is a police officer.

(3) A police officer takes relevant action against another police officer if the police officer does one or more of the following—

(a) fails to approve or recommend the promotion of the other officer,

(b) approves or recommends the taking of section 80 dismissal action against the other officer,

(c) approves or recommends the making of either of the following in relation to the other officer—

(i) a section 173 order,

(ii) a section 181D order,

(d) directs, approves or recommends the transfer of the other officer to another position in—

(i) the NSW Police Force, or

(ii) another government sector agency,

(e) makes, approves or recommends a decision which detrimentally affects the benefits or awards of the other officer,

(f) fails to approve or recommend that the other officer receive education or training which could reasonably be expected to—

(i) improve the other officer’s opportunities for promotion, or

(ii) confer some other advantage on the other officer,

(g) makes, approves or recommends changes to the duties of the other officer so that the duties are not appropriate to the other officer’s salary or position,

(h) otherwise acts to the detriment of the other officer.

45 Suspension—the Act, s 219(2)(k)

45 Suspension—the Act, s 219(2)(k)

(1) The Commissioner may suspend a police officer from office if the Commissioner has reasonable cause to believe the conduct of the officer justifies—

(a) taking section 80 dismissal action in relation to the officer, or

(b) making a section 181D order in relation to the officer, or

(c) the commencement of criminal proceedings against the officer.

(2) The suspension may be made pending—

(a) further investigation of the matter, and

(b) the making of a decision about the action to be taken.

(3) The suspension may be with or without pay.

(4) The Commissioner may approve the police officer temporarily obtaining other employment if—

(a) the officer is suspended without pay, and

(b) the Commissioner is satisfied the officer is suffering undue hardship.

(5) The Commissioner may approve a maintenance payment to the police officer if—

(a) the officer is suspended without pay, and

(b) the Commissioner is satisfied the officer, or the officer’s family, will suffer undue hardship because of the suspension, and

(c) the maintenance payment is not more than the officer’s salary at the time of the suspension.

(6) However, the Commissioner must not approve a maintenance payment to the police officer if the officer is receiving any of the following—

(a) payments under the police officer support scheme,

(b) income protection insurance payments.

46 Commencement of criminal proceedings against police officer—the Act, s 219(2)(i)

46 Commencement of criminal proceedings against police officer—the Act, s 219(2)(i)

A police officer must not commence criminal proceedings against another police officer unless authorised by the Commissioner.

47 Confidentiality of complaints about conduct—the Act, s 219(2)(i)

47 Confidentiality of complaints about conduct—the Act, s 219(2)(i)

(1) This section applies if—

(a) a person, including a police officer, makes an allegation, other than a complaint under the Act, Part 8A, to a police officer about the conduct of another police officer, and

(b) the officer to whom the allegation is made reasonably believes that, if the allegation is true—

(i) the Commissioner may take section 80 dismissal action in relation to the police officer against whom the allegation was made, or

(ii) the Commissioner may make a section 173 order or a section 181D order in relation to the police officer against whom the allegation was made, or

(iii) the officer against whom the allegation was made may have committed a criminal offence.

(2) The officer to whom the allegation is made must not disclose the identity of the person who made the allegation, except—

(a) to the Commissioner, or

(b) with the authority of the Commissioner, or

(c) for the commencement of, or for the purposes of, proceedings before—

(i) a Royal Commission, or

(ii) a Special Commission of Inquiry, or

(iii) the Industrial Relations Commission, or

(iv) a court.

(3) The officer to whom the allegation is made must not disclose information tending to identify the person as the person who made the allegation except in the circumstances mentioned in the Act, section 169A(2)(a)–(j).

(4) For subsection (3), a reference in the Act, section 169A(2)(a)–(j) to—

(a) a complainant is taken to be a reference to the person who made the allegation, and

(b) a complaint is taken to be a reference to an allegation, and

(c) the member of the NSW Police Force is taken to be a reference to the officer to whom the allegation is made.

48 Documents subject to client legal privilege—the Act, ss 174(5) and 181E(3)

48 Documents subject to client legal privilege—the Act, ss 174(5) and 181E(3)

For the Act, Part 9, Divisions 1A and 1C, the Commissioner is not under a duty to make available to an applicant a document that would be privileged from production in legal proceedings because of client legal privilege.

Note—

See the Evidence Act 1995, Part 3.10, Division 1 for provisions relating to client legal privilege.

49 Establishment of misconduct matters information system—the Act, s 128

49 Establishment of misconduct matters information system—the Act, s 128

(1) The Commissioner must establish, operate and keep a misconduct matters information system.

(2) The following information must be registered in the misconduct matters information system—

(a) the information required under the Act, section 129,

(b) the information required under the terms of a protocol or memorandum of understanding referred to in the Act, section 128(2),

(c) any other information about misconduct matters that the Commissioner may, from time to time, direct be registered in the misconduct matters information system.

(3) The Commissioner must give the LECC access to the misconduct matters information system to ensure the following have unrestricted access to all information in the system as required by the Act, section 129(3)—

(a) the LECC Chief Commissioner,

(b) other officers of the LECC authorised by the LECC Chief Commissioner.

(4) The Commissioner must, on request by the LECC, give the LECC any information about the design, operation and maintenance of the misconduct matters information system.

(5) Despite subsections (3) and (4), the Commissioner must not allow access to information in the system that is subject to a caveat under the Act, section 129(4) by a person other than in accordance with the caveat.

50 Information concerning police officers—the Act, ss 128 and 219(2)(i)–(k)

50 Information concerning police officers—the Act, ss 128 and 219(2)(i)–(k)

(1) If a police officer is charged with an offence before a court, the Commissioner must ensure information about the offence is recorded and kept in relation to the officer, including the following—

(a) a description of the offence,

(b) whether—

(i) the officer is found guilty of the offence, or

(ii) the charge is withdrawn, dismissed or otherwise disposed of.

(2) The Commissioner must ensure information about a finding against a police officer, including details of the finding and the reasons for the finding, is recorded and kept in relation to the officer if—

(a) the finding is of misconduct or unsatisfactory performance, and

(b) reviewable action was taken under the Act, section 173 in relation to the officer following the finding.

(3) The Commissioner must ensure information about a finding against a police officer, including details of the finding and the reasons for the finding, is recorded and kept in relation to the officer if—

(a) the finding is of misconduct or unsatisfactory performance as a consequence of the officer’s substantial or consistent failure to meet reasonable standards of performance or conduct, and

(b) non-reviewable action was taken under the Act, section 173 in relation to the officer following the finding.

(4) The Commissioner must ensure information about a departmental charge against a police officer that occurred before 8 March 1999 is recorded and kept in relation to the officer, including the following—

(a) a description of the charge,

(b) whether the charge was—

(i) found proven, or

(ii) withdrawn, dismissed or otherwise disposed of,

(c) if the charge was found proven—the reasons for the finding.

(5) A police officer about whom information is recorded under this section must, on application by the officer, be given access to the information.

51 Remedial performance programs—the Act, ss 173(3) and 219(2)(i)

51 Remedial performance programs—the Act, ss 173(3) and 219(2)(i)

(1) A remedial performance program must have the elements set out in Schedule 2.

(2) A police officer whose performance, having regard to the officer’s rank, position and job responsibilities, is consistently unsatisfactory may be placed on a remedial performance program.

Part 5 Members of NSW Police Force—general matters

Part 5 Members of NSW Police Force—general matters

52 Acting or relieving in non-executive police officer positions—the Act, s 219(2)(h)

52 Acting or relieving in non-executive police officer positions—the Act, s 219(2)(h)

The Commissioner may determine how and when a member of the NSW Police Force may exercise—

(a) the functions of a suspended, sick or absent non-executive police officer, or

(b) the functions attached to—

(i) a vacant position, other than a position held by a NSW Police Force senior executive or an administrative employee, or

(ii) a vacant specialist position.

Note 1—

The Act, section 33(5) provides for the appointment of a member of the NSW Police Force to act as a NSW Police Force senior executive in certain circumstances.

Note 2—

The rules under the Government Sector Employment Act 2013 provide for the temporary assignment of administrative employees to non-executive roles in the NSW Police Force.

53 Administrative employees must not exercise certain powers—the Act, s 219(2)(i)

53 Administrative employees must not exercise certain powers—the Act, s 219(2)(i)

The statutory or common law powers of a police officer must not be exercised by, or at the direction of, an administrative employee—

(a) acting or relieving in a position held by a police officer, or

(b) supervising police officers.

54 General responsibilities of administrative employees—the Act, s 219(2)(i)

54 General responsibilities of administrative employees—the Act, s 219(2)(i)

An administrative employee is responsible for the proper performance of duty by police officers and administrative employees under the administrative employee’s supervision.

55 Refusal of promotion or appointment—the Act, s 219(2)(i)

55 Refusal of promotion or appointment—the Act, s 219(2)(i)

A member of the NSW Police Force who has been offered a promotion or appointment may decline the promotion or appointment without prejudice to the rights the member would otherwise have to future promotion or appointment.

56 Nameplates—the Act, s 219(2)(i)

56 Nameplates—the Act, s 219(2)(i)

(1) An administrative employee must wear a nameplate in the way, and with the particulars, directed by the Commissioner.

(2) The Commissioner may exempt an administrative employee from compliance with this section.

57 Handling confidential information—the Act, s 219(2)(i)

57 Handling confidential information—the Act, s 219(2)(i)

(1) A member of the NSW Police Force or a student of policing—

(a) must treat all information that comes to the member’s or student’s knowledge in the member’s or student’s official capacity as strictly confidential, and

(b) must not, on any account without proper authority, disclose the information to anyone.

(2) In particular, a member of the NSW Police Force or a student of policing—

(a) must treat NSW Police Force business as strictly secret, and

(b) must not, without proper authority, communicate or disclose in any way to any person outside the NSW Police Force any information—

(i) about NSW Police Force business or other official business connected with the member or student’s duties, or

(ii) that may come to the member’s or student’s knowledge in the performance of those duties.

(3) Nothing in this section operates to—

(a) impede the proper performance of operational police duties, or

(b) prevent the disclosure of information if it is reasonable to do so for the purposes of dealing with an emergency when life or property is at risk, or

(c) prevent the disclosure of information to a medical practitioner or psychologist for the purposes of providing health care to a member of the NSW Police Force or a student of policing, or

(d) prevent the lawful disclosure of information under the Act or this regulation.

58 Reporting personal insolvency—the Act, s 219(2)(i)

58 Reporting personal insolvency—the Act, s 219(2)(i)

(1) A member of the NSW Police Force or a student of policing who becomes personally insolvent must—

(a) immediately notify the Commissioner in writing that the member or student has become personally insolvent, and

(b) within the period specified by the Commissioner, give the Commissioner any further information the Commissioner requires about the reason for the member’s or student’s personal insolvency.

(2) Before a person is engaged in a role in the NSW Police Force relating to financial management, the Commissioner may require the person to declare whether the person has ever been personally insolvent.

Note—

Personally insolvent is defined in the Interpretation Act 1987.

Part 6 Consumption of alcohol and use of prohibited drugs and steroids

Part 6 Consumption of alcohol and use of prohibited drugs and steroids

59 Definitions

59 Definitions

In this part—

AS/NZS 4308:2023 means the Australian/New Zealand Standard entitled AS/NZS 4308:2023, Procedures for specimen collection and the detection and quantification of drugs in urine.

authorised laboratory means a laboratory—

(a) accredited by the National Association of Testing Authorities, Australia, and

(b) nominated by the Commissioner.

breath analysing instrument has the same meaning as in the Road Transport Act 2013.

breath analysis means a test carried out by a breath analysing instrument for the purpose of ascertaining, by analysis of a person’s breath, the concentration of alcohol present in the person’s breath or blood.

breath test means a test—

(a) designed to indicate the concentration of alcohol present in a person’s breath or blood, and

(b) carried out on the person’s breath by means of a device, other than a breath analysing instrument, of a type approved by the Governor for the conduct of breath tests under the Road Transport Act 2013.

police uniform includes any portion of a police uniform that bears a badge, patch, insignia of rank or other identifiable marking of the NSW Police Force.

prescribed concentration of alcohol means—

(a) in relation to breath—a concentration of 0.02g or more of alcohol in 210L of breath, or

(b) in relation to blood—a concentration of 0.02g or more of alcohol in 100mL of blood.

prohibited drug has the same meaning as in the Drug Misuse and Trafficking Act 1985.

screening test means a test conducted under section 66.

steroid means anabolic and androgenic steroidal agents included in the Poisons List, Schedule 4 under the Poisons and Therapeutic Goods Act 1966.

60 Operation of part

60 Operation of part

Nothing in this part—

(a) affects a person’s liability for an offence relating to the consumption or supply of alcohol, or the use or supply of other drugs, arising under an Act or law, including the following—

(i) the Road Transport Act 2013,

(ii) the Drug Misuse and Trafficking Act 1985, or

(b) affects a power to conduct breath or other tests for the presence of alcohol or other drugs in a person’s body under an Act or law, including the following—

(i) the Road Transport Act 2013,

(ii) the Marine Safety Act 1998, or

(c) affects an obligation or right under an Act or law, including the following—

(i) the Anti-Discrimination Act 1977,

(ii) the Work Health and Safety Act 2011, or

(d) prevents the making of a section 173 order or a section 181D order in relation to another matter associated with the consumption of alcohol, or the use of a prohibited drug or steroid, by a police officer, or

(e) prevents disciplinary proceedings from being taken under an Act in relation to another matter associated with the consumption of alcohol, or the use of a prohibited drug or steroid, by a member of the NSW Police Force who is not a police officer.

61 Code of behaviour—the Act, s 211B

61 Code of behaviour—the Act, s 211B

(1) The code of behaviour regarding the consumption of alcohol and the use of prohibited drugs and steroids by members of the NSW Police Force is set out in Schedule 3.

(2) A member of the NSW Police Force—

(a) must treat all information relating to the results of a test conducted under the Act, section 211A or 211AA or this part coming to the member’s knowledge in an official capacity as confidential, and

(b) must not disclose the information, except—

(i) for the Act, Part 9, or

(ii) in connection with the assessment, counselling or rehabilitation of the police officer to whom the information relates under this part.

(3) A breach of the code of behaviour does not constitute an offence.

62 Exemptions from code of behaviour—the Act, ss 211B and 219(2)(i)

62 Exemptions from code of behaviour—the Act, ss 211B and 219(2)(i)

(1) The Commissioner may authorise a member of the NSW Police Force to consume alcohol—

(a) in the performance of a police task, or

(b) in an official capacity, or

(c) in other circumstances.

(2) The commander or manager of police premises may authorise a member of the NSW Police Force to consume alcohol on the premises.

(3) A member of the NSW Police Force who consumes alcohol with authority given under this section does not breach the code of behaviour.

(4) A member of the NSW Police Force who discloses otherwise confidential information relating to a police officer does not breach the code of behaviour if the disclosure is made with the written authority or permission of—

(a) the Commander, Professional Standards Command, or

(b) the police officer to whom the information relates.

pt.6-div.3-sdiv.1 Preliminary

Subdivision 1 Preliminary

63 Authorised persons

63 Authorised persons

(1) The Commissioner may, by written instrument, appoint a police officer or other person as an authorised person for the purposes of one or both of the following—

(a) the Act, section 211A,

(b) the Act, section 211AA.

(2) An authorised person may be appointed—

(a) by name, or

(b) by reference to the office held by the person.

(3) The Commissioner must give an authorised person a certificate of appointment.

(4) An authorised person must, on request, show the person’s certificate of appointment to a police officer who is required by the authorised person to—

(a) submit to a breath test or do another thing under section 211A, or

(b) do any thing under section 211AA, or

(c) do any thing under this part.

64 Medical exemption from testing or providing samples

64 Medical exemption from testing or providing samples

An authorised officer must not direct a police officer to undergo a breath test, submit to a breath analysis or provide a urine or hair sample if the police officer is unable on medical grounds to do so.

pt.6-div.3-sdiv.2 Conduct of testing and handling and analysis of samples

Subdivision 2 Conduct of testing and handling and analysis of samples

65 Breath analysis of police officers

65 Breath analysis of police officers

(1) This section applies if—

(a) as a result of a breath test conducted on a police officer under the Act, section 211A, it appears to an authorised person that the prescribed concentration of alcohol may be present in the police officer’s breath or blood, or

(b) an authorised person requires a police officer to submit to a breath test under this part and the police officer refuses or fails to submit to the breath test as directed by the authorised person.

(2) The authorised person may require the police officer to submit to a breath analysis in accordance with the directions of the authorised person.

(3) The breath analysis must be carried out by an authorised person.

(4) As soon as practicable after the police officer has submitted to the breath analysis, the authorised person who carried out the analysis must give the police officer a written statement specifying—

(a) the concentration of alcohol, expressed in grams of alcohol in 210L of breath or 100mL of blood, determined by the analysis to be present in the police officer’s breath or blood, and

(b) the date and time at which the breath analysis was completed.

(5) The statement under subsection (4) must be signed by the authorised person giving the statement.

(6) The police officer may ask the authorised person to arrange for a sample of the police officer’s blood to be taken for analysis under section 68 by a medical practitioner nominated by—

(a) the officer, or

(b) the authorised person.

(7) If the police officer makes a request under subsection (6)—

(a) the authorised person must take all reasonable steps to contact the nominated medical practitioner and arrange for the taking of a sample of the police officer’s blood by the nominated medical practitioner, and

(b) a sample of the police officer’s blood must be taken—

(i) by the nominated medical practitioner, and

(ii) in the presence of the authorised person, and

(iii) at the officer’s expense.

(8) A police officer who makes a request under subsection (6) is not excused from the obligation to submit to a breath analysis under this section.

66 Screening tests of urine samples

66 Screening tests of urine samples

(1) If a sample of a police officer’s urine is taken under the Act, section 211A for the purposes of testing for the presence of prohibited drugs, the sample may be subject to a test (a screening test) conducted—

(a) on the site at which the sample is originally provided, and

(b) in accordance with—

(i) the on-site screening procedure set out in AS/NZS 4308:2023, or

(ii) another procedure approved by the Commissioner.

(2) If the screening test returns a result indicating the possible presence of prohibited drugs, the urine sample must be—

(a) handled in accordance with section 67, and

(b) analysed in accordance with section 68.

(3) If the screening test returns a result indicating the absence of prohibited drugs, the urine sample must be disposed of in accordance with AS/NZS 4308:2023.

67 Handling of urine, hair and blood samples

67 Handling of urine, hair and blood samples

(1) This section applies to the following persons—

(a) an authorised person who arranges for the taking of, or takes, a sample of a police officer’s urine, hair or blood under—

(i) the Act, section 211A or 211AA, or

(ii) this part,

(b) a medical practitioner who takes a sample of blood under the direction of an authorised person under—

(i) the Act, section 211A(4B), or

(ii) this part.

(2) However, this section does not apply in relation to a sample of urine if a screening test of the sample returns a result indicating the absence of prohibited drugs.

(3) The person who arranges for the taking of, or takes, a sample of a police officer’s urine, hair or blood, must ask the officer whether or not the police officer would like to keep part of the sample.

(4) The person who takes the blood, hair or urine sample must—

(a) divide the sample as follows—

(i) if the police officer from whom the sample is taken indicates that the officer would like to keep a portion of the sample—into 3 approximately equal portions,

(ii) otherwise—into 2 approximately equal portions, and

(b) place each portion into a container, and

(c) fasten and seal each container, and

(d) mark or label each container for future identification, and

(e) if the person who takes the sample is a medical practitioner—hand the sealed and labelled containers to the authorised person who was present when the sample was taken.

(5) The authorised person who arranges for the taking of, or takes, the blood, urine or hair sample must take the following action in relation to the sealed and labelled containers—

(a) if the sample was divided into 3 portions under subsection (4)(a)(i)—

(i) give 1 container to the police officer from whom the sample was taken, and

(ii) deliver the other 2 containers to an authorised laboratory for analysis under section 68,

(b) otherwise—deliver the 2 containers to an authorised laboratory for analysis under section 68.

68 Analysis of urine, hair and blood samples

68 Analysis of urine, hair and blood samples

(1) An authorised person may arrange for a portion of a sample of a police officer’s urine, hair or blood taken under the Act, section 211A or 211AA or this part to be submitted to an authorised laboratory for analysis by an analyst to determine whether the urine, hair or blood contains—

(a) alcohol or a prohibited drug or drugs, or

(b) a steroid or steroids.

(2) An analyst to whom the portion of the sample of blood, hair or urine is submitted for analysis under this section may analyse the portion to determine whether the blood, urine or hair contains—

(a) alcohol or a prohibited drug or drugs, or

(b) a steroid or steroids.

(3) The analysis of the portion must be carried out at an authorised laboratory, and a written report about the analysis must be prepared, in accordance with—

(a) the procedure set out in AS/NZS 4308:2023, or

(b) another procedure approved by the Commissioner for the type of analysis.

(4) If the analysis of the portion indicates the presence of alcohol or a prohibited drug or steroid in the blood, urine or hair, a second analysis of the portion must be carried out to confirm or refute the results of the first analysis.

(5) The written report about the analysis must be given to the Commissioner.

(6) In this section—

analyst means a person employed by an authorised laboratory as an analyst.

pt.6-div.3-sdiv.3 Offences associated with testing

Subdivision 3 Offences associated with testing

69 Definitions

69 Definitions

In this subdivision—

encourage includes request, direct or command.

false sample means—

(a) a test sample obtained from a person who is not the police officer required to provide the test sample, or

(b) a test sample that has been interfered with, or

(c) a thing that is not a test sample.

interfere with, in relation to a test sample, means do anything that alters or disguises the concentration of alcohol or a prohibited drug or steroid in the test sample.

proceedings includes disciplinary proceedings and investigations of the conduct of a police officer carried out under the Act or another Act.

test sample means a sample of a person’s urine, hair, breath or blood.

70 Interfering with testing

70 Interfering with testing

A person must not, before a police officer submits to a breath analysis or provides a test sample, do anything to introduce, or alter the concentration of, alcohol or a prohibited drug or steroid in the police officer’s urine, hair, breath or blood, for the purpose of preventing or restricting the use of the results of the analysis in any proceedings against the police officer.

Maximum penalty—20 penalty units.

71 False samples

71 False samples

A police officer must not—

(a) in purported compliance with a requirement to provide a test sample under the Act, provide a false sample, or

(b) replace a test sample provided by the police officer with a false sample, or

(c) encourage another person to assist the police officer to contravene paragraph (a) or (b).

Maximum penalty—20 penalty units.

72 Interfering with samples

72 Interfering with samples

A person must not, for the purpose of preventing or perverting the course of proceedings against a police officer, remove or interfere with a test sample provided by the police officer.

Maximum penalty—20 penalty units.

73 Assisting or encouraging offences

73 Assisting or encouraging offences

(1) A person must not assist another person to commit an offence under this subdivision.

Maximum penalty—20 penalty units.

(2) A person must not encourage another person to commit an offence under this subdivision.

Maximum penalty—20 penalty units.

pt.6-div.4-sdiv.1 Alcohol

Subdivision 1 Alcohol

74 Application of subdivision

74 Application of subdivision

This subdivision does not apply to a probationary constable.

75 Alcohol—immediate action

75 Alcohol—immediate action

(1) If a test conducted under the Act, section 211A or this part indicates the prescribed concentration of alcohol is present in a police officer’s breath or blood while the police officer is on duty, the police officer—

(a) must be immediately relieved of duty, and

(b) must not carry out any duty for the duration of the officer’s shift.

(2) Subsection (1) does not apply if—

(a) the test referred to in subsection (1) was a breath test, and

(b) a later breath analysis demonstrates the prescribed concentration of alcohol is not present in the officer’s breath.

(3) The Commissioner may decide a police officer who is relieved from duty under subsection (1)(a) is not entitled to be paid, including for any type of leave, for the part of the relevant shift that the officer did not work.

76 Alcohol—single incident

76 Alcohol—single incident

(1) This section applies if—

(a) the Commissioner considers, based on the results of a test conducted under the Act, section 211A or this part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in the officer’s breath or blood while on duty, and

(b) the police officer has not breached the code of behaviour in the same way in the 3 years immediately preceding the breach.

(2) The Commissioner may ask the police officer to choose whether to—

(a) undergo counselling and rehabilitation, or

(b) face the possibility that a section 173 order may be made in relation to the officer.

(3) If the police officer chooses to undergo counselling and rehabilitation, the Commissioner must direct the officer to—

(a) attend an interview with the officer’s commander or manager, and

(b) attend an assessment interview with a NSW Police Force drug and alcohol counsellor, and

(c) participate in a rehabilitation program recommended by the counsellor.

(4) The police officer’s commander or manager may recommend the making of a section 173 order in relation to the officer if the officer—

(a) chooses not to undergo counselling and rehabilitation, or

(b) after choosing to undergo counselling and rehabilitation, fails, without reasonable excuse, to—

(i) attend an interview or counselling session, or

(ii) participate in a rehabilitation program.

(5) Despite subsection (2), the Commissioner is not required to ask the police officer to choose whether to undergo counselling if the Commissioner, having regard to all the circumstances, considers it more appropriate to make either of the following in relation to the officer—

(a) a section 173 order,

(b) a section 181D order.

77 Alcohol—repeat incident

77 Alcohol—repeat incident

(1) This section applies if—

(a) the Commissioner considers, based on the results of a test conducted under the Act, section 211A or this part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in the officer’s breath or blood while rostered on duty, and

(b) the officer has breached the code of behaviour in the same way in the 3 years immediately preceding the breach.

(2) The Commissioner may make either of the following in relation to the police officer—

(a) a section 173 order,

(b) a section 181D order.

(3) The Commissioner may also refer the police officer to a medical practitioner for the purposes of determining whether the officer is fit to remain a police officer.

(4) If the Commissioner refers the police officer to a medical practitioner under subsection (3), the Commissioner must have regard to any report made by the medical practitioner in relation to the officer when determining whether the officer is fit to remain a police officer.

pt.6-div.4-sdiv.2 Prohibited drugs and steroids

Subdivision 2 Prohibited drugs and steroids

78 Application of subdivision

78 Application of subdivision

This subdivision does not apply to a probationary constable.

79 Presence of prohibited drug indicated by screening test

79 Presence of prohibited drug indicated by screening test

If a screening test returns a result indicating the possible presence of a prohibited drug in the urine of a police officer, the Commissioner may—

(a) relieve the officer from duty on full pay, or

(b) place the officer on modified duties, such as station or office duties, or

(c) take no further action until the results of the analysis of the sample under section 68 are known.

80 Prohibited drugs or steroids—single incident

80 Prohibited drugs or steroids—single incident

(1) This section applies if—

(a) the Commissioner considers, based on the result of a test, other than a screening test, conducted under the Act, section 211A or 211AA or this part, that a police officer has breached the code of behaviour by using a prohibited drug or steroid, and

(b) the officer has not breached the code of behaviour in the same way in the 5 years immediately preceding the breach.

(2) The Commissioner may ask the police officer to choose whether to—

(a) undergo counselling and rehabilitation, or

(b) face the possibility that a section 173 order may be made in relation to the officer.

(3) If the police officer chooses to undergo counselling and rehabilitation, the Commissioner must direct the officer to—

(a) attend an interview with the officer’s commander or manager, and

(b) attend an assessment interview with a NSW Police Force drug and alcohol counsellor, and

(c) participate in a rehabilitation program recommended by the counsellor.

(4) The Commissioner may make a section 173 order in relation to the officer if the officer—

(a) elects not to undergo counselling and rehabilitation, or

(b) after electing to undergo counselling and rehabilitation, fails, without reasonable excuse, to—

(i) attend an interview or counselling session, or

(ii) participate in a rehabilitation program.

(5) Despite subsection (2), the Commissioner is not required to ask the police officer to choose whether to undergo counselling if the Commissioner, having regard to all the circumstances, considers it more appropriate to make either of the following in relation to the officer—

(a) a section 173 order,

(b) a section 181D order.

81 Prohibited drugs or steroids—repeat incident

81 Prohibited drugs or steroids—repeat incident

(1) This section applies if—

(a) the Commissioner considers, based on the result of a test conducted under the Act, section 211A or 211AA or this part, that a police officer has breached the code of behaviour by using a prohibited drug or steroid, and

(b) the officer has breached the code of behaviour in the same way in the 5 years immediately preceding the breach.

(2) The Commissioner may make either of the following in relation to the police officer—

(a) a section 173 order,

(b) a section 181D order.

(3) In this section, a reference to a test under the Act or this part does not include a screening test.

pt.6-div.4-sdiv.3 Miscellaneous

Subdivision 3 Miscellaneous

82 Alcohol, prohibited drugs and steroids—use by probationary constables

82 Alcohol, prohibited drugs and steroids—use by probationary constables

(1) This section applies if the Commissioner considers, based on the result of a test, other than a screening test, conducted under the Act, section 211A or 211AA or this part, that a probationary constable has breached the code of behaviour by—

(a) having the prescribed concentration of alcohol in the probationary constable’s breath or blood while on duty, or

(b) using a prohibited drug or steroid.

(2) The Commissioner must—

(a) direct the probationary constable to attend an interview with a NSW Police Force drug and alcohol counsellor for assessment and participate in a rehabilitation program recommended by the counsellor, or

(b) take section 80 dismissal action against the probationary constable.

(3) If a probationary constable fails, without reasonable excuse, to attend an interview or counselling session after being directed to do so, the Commissioner must take section 80 dismissal action against the probationary constable.

(4) The Commissioner may, at any time, refer the probationary constable to a medical practitioner for the purposes of determining whether the probationary constable is fit to remain a probationary constable.

(5) If the Commissioner refers the probationary constable to a medical practitioner under subsection (4), the Commissioner must have regard to any report made by the medical practitioner in relation to the probationary constable when determining whether the probationary constable is fit to remain a probationary constable.

(6) In this section, a reference to a test under the Act or this part does not include a screening test.

83 Other breaches of code of behaviour

83 Other breaches of code of behaviour

The Commissioner may take section 80 dismissal action, or make a section 173 order or a section 181D order, in relation to a police officer if the police officer breaches the code of behaviour by—

(a) consuming alcohol while wearing a police uniform and while not rostered on duty, or

(b) consuming alcohol while on police premises and while not rostered on duty, or

(c) refusing or failing to undertake a breath test when required to do so under this part, or

(d) refusing to submit to a breath analysis or to provide a sample of urine or hair when required to do so under this part.

Note—

Sections 62 and 64 contain exemptions to compliance with the code of behaviour and to breath testing or providing samples in certain circumstances.

84 Follow-up testing—previous breaches

84 Follow-up testing—previous breaches

(1) The Commissioner may direct an authorised person to conduct follow-up testing of a police officer who the Commissioner considers has previously breached the code of behaviour.

(2) Follow-up testing may include one or more tests conducted under the Act, section 211A or 211AA or this part.

(3) Follow-up testing must occur—

(a) at least once a year, and

(b) without notice to the officer, and

(c) for an officer who breached the code of behaviour by having the prescribed concentration of alcohol in the officer’s breath or blood—for 3 years after the most recent breach, and

(d) for an officer who breached the code of behaviour by using a prohibited drug or steroid—for 5 years after the most recent breach.

(4) The Commissioner may change or revoke a direction given under this section.

85 Double jeopardy

85 Double jeopardy

(1) A police officer is not liable to be punished under this part in relation to the same incident for both—

(a) having the prescribed concentration of alcohol in the police officer’s breath or blood while on duty, or using a prohibited drug or steroid, or consuming alcohol while wearing a police uniform or on police premises, and

(b) refusing or failing to do any of the following under this part—

(i) undergo a breath test,

(ii) submit to a breath analysis,

(iii) give a sample of the police officer’s urine or hair.

(2) A police officer is not liable to be punished under this part in relation to the same incident for both—

(a) having the prescribed concentration of alcohol in the police officer’s breath or blood while rostered on duty, and

(b) consuming alcohol while—

(i) wearing a police uniform, or

(ii) on police premises.

Part 7 Leave entitlements—the Act, s 219(2)(c)

Part 7 Leave entitlements—the Act, s 219(2)(c)

86 General

86 General

(1) This part is subject to the following—

(a) an award or enterprise agreement under the Industrial Relations Act 1996,

(b) an agreement under the Act, section 87,

(c) an agreement under the Act, section 86 as in force before 1 December 2006,

(d) an applicable award, industrial agreement or determination under the Act, Schedule 4, clause 8.

(2) For the purpose of calculating the entitlement of a member of the NSW Police Force to leave under this part, any period served by the member before the commencement of this part as a member of the NSW Police Force or as a Public Service employee must be taken into account as if it were service as a member of the NSW Police Force.

Note—

Current awards such as the Crown Employees (Police Officers—2024) Award and the Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009 generally provide for leave entitlements for members of the NSW Police Force to whom this part applies.

87 Applications for leave

87 Applications for leave

(1) An application by a member of the NSW Police Force for leave under this part must be made to, and dealt with by, the Commissioner.

(2) In dealing with an application for leave, the Commissioner must, as far as practicable but having regard to the exigencies of the NSW Police Force, deal with the application in accordance with the wishes of the member.

88 Special provisions relating to administrative employees

88 Special provisions relating to administrative employees

(1) This section applies in relation to an administrative employee who is employed in the NSW Police Force for 6 or 7 working days each week.

(2) Unless the contrary intention appears, a period of leave to which the administrative employee is entitled under this part must be increased to—

(a) if the employee is employed for 6 working days each week—six-fifths of the period of leave to which the employee would otherwise be entitled under this part, or

(b) if the employee is employed for 7 working days each week—seven-fifths of the period of leave to which the employee would otherwise be entitled under this part.

89 Application of division

89 Application of division

This division applies only in relation to the following members of the NSW Police Force (eligible members)—

(a) administrative employees,

(b) NSW Police Force senior executives.

90 Entitlements to extended leave generally

90 Entitlements to extended leave generally

(1) Subject to this part, an eligible member is entitled to the following extended leave—

(a) after service for 10 years—

(i) 2 months on full pay, or

(ii) 4 months on half pay,

(b) after service for more than 10 years—

(i) extended leave under paragraph (a) in relation to the eligible member’s first 10 years of service, and

(ii) additional extended leave, proportionate to the eligible member’s length of service, calculated at the rate of—

(A) 5 months on full pay for every 10 years served after the eligible member’s first 10 years of service, or

(B) 10 months on half pay for every 10 years served after the eligible member’s first 10 years of service.

(2) For the purpose of calculating the eligible member’s entitlement to leave under this section at a specific time—

(a) the following must be deducted from the amount of leave to which the eligible member would, at the time, otherwise be entitled under subsection (1)—

(i) any extended leave, or other leave in the nature of extended leave, already taken by the eligible member before the time, including leave taken under any former Act,

(ii) the equivalent, in extended leave, of any benefit received by the eligible member instead of extended leave, or other leave in the nature of extended leave, before the time, including any benefit received under any former Act, and

(b) the Government Sector Employment Regulation 2014, Schedule 2 applies.

(3) For the purposes of subsection (2), a deduction must not be made under both subsection (2)(a) and the Government Sector Employment Regulation 2014, Schedule 2, clause 7.

(4) In this section—

service includes the following—

(a) service in the NSW Police Force before the commencement of this part,

(b) service in the Public Service before the commencement of this part,

(c) service in the Teaching Service,

(d) any period of leave without pay taken before 13 December 1963,

(e) for an eligible member who has completed at least 10 years service—any period of leave without pay of 6 months or less taken on or after 13 December 1963.

91 Entitlements to extended leave in special circumstances

91 Entitlements to extended leave in special circumstances

(1) This section applies to an eligible member with at least 5 years service as an adult and less than 10 years service whose service is terminated—

(a) by the Crown, the Governor or the Commissioner other than—

(i) by a section 181D order, or

(ii) under the Act, section 81E(1)(h) or otherwise as a consequence of a finding of misconduct having been made against the member under the Government Sector Employment Act 2013, section 69, or

(iii) as a consequence of the member’s serious and intentional misconduct, or

(b) by the eligible member on account of illness, incapacity or domestic or other pressing necessity.

(2) The eligible member is entitled to—

(a) for 5 years service—1 month’s leave on full pay, and

(b) for service after 5 years—an amount of leave on full pay, proportionate to the eligible member’s length of service, calculated on the basis of 3 months leave for 15 years service, including both—

(i) the eligible member’s service as an adult, and

(ii) the eligible member’s service otherwise than as an adult.

(3) In this section—

service—

(a) includes the following—

(i) service in the NSW Police Force before the commencement of this part,

(ii) service in the Public Service before the commencement of this part,

(iii) service in the Teaching Service, but

(b) does not include any period of leave without pay whether taken before, on or after 13 December 1963.

service as an adult means—

(a) for a NSW Police Force senior executive employed to do work for which the remuneration has been fixed by an industrial award or industrial agreement, however described, under a law in force in New South Wales—the period of service during which the remuneration applicable to the NSW Police Force senior executive was at a rate not lower than the following—

(i) for a period of service during which the NSW Police Force senior executive was a police officer—the rate for a constable,

(ii) for a period during which the NSW Police Force senior executive was an administrative employee—the lowest rate fixed under the award or agreement for an adult employee in the same trade, classification, calling, group or grade as the member, or

(b) for an administrative employee employed to do work for which the remuneration has been fixed by an industrial award or industrial agreement, however described, under a law in force in New South Wales—the period of service during which the remuneration applicable to the administrative employee was at a rate not lower than the following—

(i) for a period of service during which the administrative employee was a police officer—the rate for a constable,

(ii) otherwise—the lowest rate fixed under the award or agreement for an adult employee in the same trade, classification, calling, group or grade as the member.

92 Entitlements to payment of gratuity on termination

92 Entitlements to payment of gratuity on termination

(1) An eligible member who has acquired a right to extended leave with pay is entitled, immediately on the termination of the eligible member’s services, to be paid the money value of the extended leave as a gratuity.

(2) The payment of a gratuity under this section is in addition to any other gratuity to which the eligible member may be entitled.

93 Death of eligible member entitled to extended leave

93 Death of eligible member entitled to extended leave

(1) This section applies in relation to an eligible member who—

(a) has an entitlement to—

(i) extended leave under this part, or

(ii) a payment under section 92, and

(b) dies—

(i) before taking the extended leave, or

(ii) after starting, but before completing, the extended leave, or

(iii) before receiving the payment.

(2) The money value of the eligible member’s unused entitlement or the unpaid payment, calculated at the eligible member’s salary on death, must be paid to—

(a) the eligible member’s surviving spouse or de facto partner, or

(b) if there is no surviving spouse or de facto partner—the eligible member’s children, or

(c) if there is no surviving spouse, de facto partner or child—a person who, in the opinion of the Commissioner, was, when the eligible member died, a dependant relative of the eligible member, or

(d) if paragraphs (a)–(c) do not apply—the eligible member’s personal representative.

(3) If a child to whom a payment is to be made under this section has a guardian, the payment may be made to the guardian for the maintenance, education and advancement of the child.

(4) If a payment of the money value of leave has been made under this section, the State and the Commissioner have no further liability for payment of any amount in relation to the leave.

94 Application of division

94 Application of division

This division applies only in relation to NSW Police Force senior executives.

95 Entitlement to annual leave

95 Entitlement to annual leave

(1) Annual leave on full pay accrues to a NSW Police Force senior executive at the rate of 20 working days per year.

(2) Subject to the approval of the Commissioner, additional annual leave on full pay accrues to a NSW Police Force senior executive indefinitely stationed in the Western or Central Division of the State at the rate of 5 working days per year.

(3) Annual leave accrues from month to month only, but for the purpose of calculating annual leave which may be due on the cessation of employment, credit must be given for periods of service of less than 1 month.

(4) In this section—

Western or Central Division of the State means the Western Division or Central Division within the meaning of the Crown Lands Consolidation Act 1913 as in force immediately before its repeal.

96 Limits on accumulation of annual leave

96 Limits on accumulation of annual leave

(1) Annual leave accrued and not taken by a NSW Police Force senior executive, owing to the exigencies of the NSW Police Force or for any other reason the Commissioner considers sufficient, accumulates up to a maximum of 40 working days.

(2) Subject to subsections (3)–(6), a NSW Police Force senior executive forfeits all annual leave accruing in excess of the 40 working day maximum.

(3) The Commissioner may direct a NSW Police Force senior executive to take, at any time convenient to the working of the NSW Police Force, annual leave accrued by the senior executive, but must, as far as practicable, take into account the wishes of the senior executive in directing the time for the taking of leave.

(4) If the Commissioner is satisfied that a NSW Police Force senior executive is prevented from taking an amount of annual leave sufficient to reduce the senior executive’s accrued annual leave entitlement to less than 40 working days, the Commissioner may direct that annual leave accruing by the senior executive in excess of 40 working days is not to be forfeited under subsection (2).

(5) If the Commissioner gives a direction under subsection (4), the Commissioner must, at the time of, or as soon as practicable after, giving that direction, also give the NSW Police Force senior executive a direction under subsection (3) in relation to the taking of annual leave accrued by the senior executive in excess of 40 working days.

(6) If a NSW Police Force senior executive does not take annual leave in accordance with any direction referred to in subsection (5), all annual leave accrued to the senior executive in excess of 40 working days is forfeited.

97 Entitlements to payment of gratuity for accrued annual leave on termination

97 Entitlements to payment of gratuity for accrued annual leave on termination

(1) This section applies in relation to a NSW Police Force senior executive if—

(a) the senior executive retires or resigns, or

(b) the senior executive’s services are terminated, other than because of the death of the senior executive.

(2) The senior executive is entitled, immediately on the resignation, retirement or termination, to be paid the money value of annual leave accrued by the senior executive that remains untaken or unforfeited at that time as a gratuity.

(3) The senior executive may elect to take either the whole or part of the annual leave referred to in subsection (2) as annual leave on full pay instead of taking the money value of the leave as a gratuity.

(4) If payment of the money value of leave has been made under this section, no proceedings may be brought against the Commissioner or the State for payment of any amount in relation to the leave.

98 Death of eligible member with accrued annual leave

98 Death of eligible member with accrued annual leave

(1) This section applies in relation to a NSW Police Force senior executive who—

(a) has an entitlement to—

(i) accrued annual leave that has not been—

(A) taken by the senior executive, or

(B) forfeited under this part, or

(ii) a payment under section 97, and

(b) dies—

(i) before taking the annual leave, or

(ii) after starting, but before completing, the annual leave, or

(iii) before receiving the payment.

(2) The money value of the senior executive’s unused entitlement or the unpaid payment, calculated at the senior executive’s salary on death, must be paid to—

(a) the senior executive’s surviving spouse or de facto partner, or

(b) if there is no surviving spouse or de facto partner—the senior executive’s children, or

(c) if there is no surviving spouse, de facto partner or child—a person who, in the opinion of the Commissioner, was, when the senior executive died, a dependant relative of the senior executive, or

(d) if paragraphs (a)–(c) do not apply—the senior executive’s personal representative.

(3) If a child to whom a payment is to be made under this section has a guardian, the payment may be made to the guardian for the maintenance, education and advancement of the child.

(4) If a payment of the money value of leave has been made under this section, the State and the Commissioner have no further liability for payment of any amount in relation to the leave.

99 Accrual of annual leave generally

99 Accrual of annual leave generally

(1) Annual leave does not accrue to a NSW Police Force senior executive for any period of absence from duty without pay or without leave.

(2) Despite subsection (1), annual leave accrues for the following—

(a) a period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987,

(b) a period of sick leave without pay,

(c) any other period of leave without pay, not exceeding 5 working days in a period of 12 months.

(3) If a NSW Police Force senior executive takes extended leave on half pay, only half of the period of leave must be counted in calculating the member’s accrual of annual leave.

100 Application of division

100 Application of division

This division applies only in relation to NSW Police Force senior executives.

101 Parental leave entitlements

101 Parental leave entitlements

(1) A NSW Police Force senior executive is entitled to the same parental leave to which a Public Service employee is entitled under a determination relating to parental leave made by the Industrial Relations Secretary, as in force from time to time, under the Government Sector Employment Act 2013, section 52.

(2) A NSW Police Force senior executive’s entitlement to parental leave under subsection (1) is subject to the same terms that apply in relation to a Public Service employee’s entitlement to parental leave under the determination.

102 Leave entitlements for miscarriages, pre-term births or fertility treatments

102 Leave entitlements for miscarriages, pre-term births or fertility treatments

(1) A NSW Police Force senior executive is entitled to the same parental leave that a Public Service employee is entitled to under a determination relating to leave in the event of a miscarriage or pre-term birth or when undergoing fertility treatment made by the Industrial Relations Secretary, as in force from time to time, under the Government Sector Employment Act 2013, section 52.

(2) A NSW Police Force senior executive’s entitlement to parental leave under subsection (1) is subject to the same terms that apply in relation to a Public Service employee’s entitlement to leave in the event of a miscarriage or pre-term birth or when undergoing fertility treatment under the determination.

103 Accrual of leave while on leave

103 Accrual of leave while on leave

For the purpose of accrual of leave by a NSW Police Force senior executive—

(a) any period of leave under this division paid at the rate of full pay must be counted as service, and

(b) only half of any period of leave under this division paid at the rate of half pay must be counted as service, and

(c) except as provided for under Division 2—any period of leave without pay under this division must not be counted as service.

104 Application of division

104 Application of division

This division applies only in relation to NSW Police Force senior executives.

105 Commissioner may grant family and community service leave

105 Commissioner may grant family and community service leave

(1) The Commissioner may grant family and community service leave to a NSW Police Force senior executive in the same circumstances and on the same terms as the Commissioner may grant family and community service leave to an administrative employee under the Crown Employees (NSW Police Force Administrative Officers and Temporary Employee) Awards 2009, clause 71.

(2) A NSW Police Force senior executive’s entitlement to family and community service leave under subsection (1) is subject to the same terms that apply in relation to an administrative employee’s entitlement to family and community service leave under that award.

106 Application of division

106 Application of division

This division applies only in relation to NSW Police Force senior executives.

107 Leave without pay

107 Leave without pay

(1) The Commissioner may grant leave without pay to a NSW Police Force senior executive if the Commissioner is satisfied there is a good and sufficient reason for granting the leave.

(2) Leave without pay is subject to any conditions the Commissioner may determine from time to time.

(3) Leave without pay may be granted on a full-time or part-time basis.

(4) If a NSW Police Force senior executive is granted leave without pay for a period not exceeding 14 consecutive calendar days, the Commissioner may allow pay for any days occurring during the period of leave that are public holidays throughout the State.

(5) A NSW Police Force senior executive who has been granted leave without pay may, subject to the Commissioner’s approval, elect to take available annual or extended leave instead of leave without pay.

Division 7 Sick leave

Division 7 Sick leave

108 Authority to grant sick leave

108 Authority to grant sick leave

(1) If the Commissioner is satisfied that a NSW Police Force senior executive is unable to perform the senior executive’s duty because of illness, the Commissioner—

(a) must, subject to this division, grant to the senior executive sick leave on full pay, and

(b) may, subject to this division, grant to the senior executive sick leave without pay if the absence of the senior executive exceeds the entitlement of the senior executive under this division to sick leave on full pay.

(2) A NSW Police Force senior executive may elect to take available annual or extended leave instead of sick leave without pay.

109 Requirement for medical certificate

109 Requirement for medical certificate

(1) A NSW Police Force senior executive absent from duty because of illness must—

(a) for an absence of more than 2 consecutive working days—give the Commissioner a medical certificate relating to the absence, or

(b) for an absence of 2 consecutive working days or less—give the Commissioner a medical certificate relating to the absence if required to do so by the Commissioner.

(2) Despite subsection (1), the Commissioner may, at any time, require a senior executive who has been granted sick leave to give the Commissioner medical evidence of the senior executive’s inability to resume duty.

(3) If a NSW Police Force senior executive applying for sick leave provides a medical certificate that appears to the Commissioner to indicate that the condition of the senior executive does not warrant the granting of sick leave, the Commissioner must immediately refer the application and the medical certificate to a medical practitioner for consideration.

(4) If the Commissioner refers an application for leave to a medical practitioner under subsection (3), the Commissioner must, on the advice of the medical practitioner, determine the type of leave to be granted to the senior executive in relation to the application.

(5) If the Commissioner does not grant sick leave to the senior executive in relation to the application referred to in subsection (4), the Commissioner must, as far as practicable, take into account the wishes of the senior executive when determining the type of leave to be granted in relation to the application.

(6) A NSW Police Force senior executive may elect to have an application for sick leave dealt with confidentially by a medical practitioner in accordance with any procedures determined by the Commissioner from time to time.

(7) If a NSW Police Force senior executive who is on annual leave or extended leave gives the Commissioner a satisfactory medical certificate in relation to illness occurring during that leave, the Commissioner may, subject to this division, grant sick leave to the senior executive for—

(a) for a senior executive on annual leave—the period set out in the medical certificate, or

(b) for a senior executive on extended leave—the period set out in the medical certificate, unless that period is less than 7 calendar days.

(8) Subsection (7) does not apply to a NSW Police Force senior executive who is on leave before resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

110 Sick leave entitlements

110 Sick leave entitlements

(1) A NSW Police Force senior executive accrues sick leave on full pay at the rate of 15 days each calendar year.

(2) Sick leave accrued under subsection (1) that is not taken by the senior executive is cumulative.

(3) Sick leave on full pay accrues at the beginning of the calendar year.

(4) However, if a NSW Police Force senior executive is appointed during a calendar year, sick leave on full pay for the remainder of that calendar year accrues on the date the member commences duty at the rate of 1.25 days for each complete month before the next 1 January after the date of appointment.

(5) For a NSW Police Force senior executive employed as a public servant on 1 May 1988—

(a) sick leave on full pay for the calendar year commencing 1 January 1988 accrues at the rate of 10 days per year, and

(b) in addition to the 10 days, the member must be credited with sick leave on full pay in relation to service before 1 May 1988 for the following number of days less the number of days of sick leave on full pay previously granted to the member—

(i) after completion of the first year of service and before completion of the second year of service—20 working days,

(ii) after completion of the second year of service and before completion of the fifth year of service—40 working days,

(iii) after completion of the fifth year of service—60 working days plus an additional 10 working days for each completed year of service thereafter.

(6) Except as otherwise provided by this division or determined by the Commissioner, only service as a member of the NSW Police Force or as a public servant must be taken into account for the purpose of calculating sick leave entitlements.

(7) If sick leave is granted on less than full pay, for the purpose of calculating the amount of sick leave accrued, the amount of sick leave granted must be converted to its full pay equivalent.

111 Payment during initial period of service

111 Payment during initial period of service

(1) A NSW Police Force senior executive must not be granted more than 5 days sick leave on full pay during the first 3 months of service unless the senior executive gives the Commissioner a satisfactory medical certificate in relation to each absence.

(2) If a NSW Police Force senior executive takes sick leave without pay during the senior executive’s first 3 months of service, on completion of the senior executive’s first 12 months of service payment may be made to the senior executive for any portion of sick leave taken without pay that, with the addition of all sick leave on full pay granted during that period of 12 months, is not more than a total of 15 working days.

112 Procedure if workers compensation claimed

112 Procedure if workers compensation claimed

(1) This section applies if a NSW Police Force senior executive is or becomes unable to attend for duty or to continue on duty in circumstances that may give the senior executive a right to claim compensation under the Workers Compensation Act 1987.

(2) If the senior executive has made a claim for compensation—

(a) subject to this division and to subsections (3) and (6), the Commissioner may, pending the determination of the claim, grant the senior executive a period of sick leave on full pay for which the senior executive is eligible, and

(b) if the claim is accepted—the equivalent period of sick leave must be restored to the credit of the senior executive.

(3) If the senior executive notifies the Commissioner that the senior executive does not intend to make a claim for compensation, sick leave on full pay must not be granted unless the Commissioner determines that, in the circumstances of the case, the senior executive should be granted sick leave on full pay.

(4) If a NSW Police Force senior executive who is required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act refuses to submit to, or in any way obstructs, the examination, the senior executive must not be granted sick leave on full pay until—

(a) the examination has taken place, and

(b) the senior executive has given the Commissioner a medical certificate indicating that the senior executive is not fit to resume duty.

(5) Payments being made to a NSW Police Force senior executive under this section must stop if, as a result of a medical examination in relation to a NSW Police Force senior executive referred to in subsection (4)—

(a) a certificate is given under the Workers Compensation Act 1987 setting out the condition and fitness for employment of the senior executive or the kind of employment for which the senior executive is fit, and

(b) the Commissioner makes available to the senior executive employment falling within the terms of the certificate, and

(c) the senior executive refuses or fails to resume or perform the employment made available.

(6) For the purposes of subsection (5), the payments must stop from the date of the refusal or failure of the senior executive referred to in subsection (5)(c).

(7) Despite subsection (2), if there is a commutation of weekly payments of compensation by the payment of a lump sum under the Workers Compensation Act 1987, Part 3, Division 9, there will be no further sick leave granted on full pay.

113 Procedure if other claim has been made

113 Procedure if other claim has been made

(1) This section applies if the circumstances of an injury to, or illness of, a NSW Police Force senior executive may give rise to—

(a) a claim for damages, or

(b) a claim for compensation other than compensation under the Workers Compensation Act 1987.

(2) Subject to and in accordance with this division, the senior executive may be granted sick leave on full pay if the senior executive provides an undertaking, in the form approved by the Commissioner, that—

(a) any claim made by the senior executive will include a claim for the value of any period of sick leave on full pay granted, and

(b) if the senior executive receives or recovers damages or compensation under the claim for loss of salary or wages during any period of sick leave granted—the senior executive will repay to the Commissioner any money paid by the Commissioner to the senior executive in relation to the period of sick leave granted.

(3) Sick leave on full pay must not to be granted to a NSW Police Force senior executive who refuses or fails to complete an undertaking under subsection (2), except with the express approval of the Commissioner given on the grounds that the refusal or failure is unavoidable in the circumstances.

(4) On repayment of money to the Commissioner in accordance with an undertaking given by a NSW Police Force senior executive under subsection (2), sick leave equivalent to the repayment, calculated at the ordinary rate of pay of the senior executive, must be restored to the credit of the senior executive.

114 Sick leave—police officers appointed before 1 January 1995

114 Sick leave—police officers appointed before 1 January 1995

(1) This section applies in relation to a police officer who—

(a) was appointed as a police officer appointed before 1 January 1995, and

(b) is a contributor to the Police Superannuation Fund.

(2) If the police officer is absent from duty because of infirmity of body or mind, the officer must be allowed full pay for the whole of the period of absence, with the approval of the Commissioner, if the absence from duty is—

(a) occasioned by infirmity arising from a wound or injury received in the actual execution of the duty of the officer’s office, or

(b) the result of an injury, within the meaning of the Workers Compensation Act 1987, for which compensation would, if the officer were a worker under that Act, be payable under that Act, section 10 or 11.

(3) A police officer must not be allowed paid sick leave under this section if the infirmity, wound or injury arises from the officer’s own misconduct.

Division 8 Miscellaneous—NSW Police Force senior executives

Division 8 Miscellaneous—NSW Police Force senior executives

115 Application of division

115 Application of division

This division applies only in relation to NSW Police Force senior executives.

116 Military leave

116 Military leave

(1) The Commissioner may grant military leave to a NSW Police Force senior executive in the same circumstances and on the same terms as the Commissioner may grant military leave to an administrative employee under the Crown Employees (NSW Police Force Administrative Officers and Temporary Employee) Awards 2009, clause 73.

(2) A NSW Police Force senior executive’s entitlement to military leave under subsection (1) is subject to the same terms that apply in relation to an administrative employee’s entitlement to military leave under that award.

117 Domestic and family violence leave entitlements

117 Domestic and family violence leave entitlements

(1) A NSW Police Force senior executive is entitled to the same domestic and family violence leave to which a Public Service employee is entitled under a determination relating to domestic and family violence leave made by the Industrial Relations Secretary, as in force from time to time, under the Government Sector Employment Act 2013, section 52.

(2) A NSW Police Force senior executive’s entitlement to domestic and family violence leave under subsection (1) is subject to the same terms that apply in relation to a Public Service employee’s entitlement under the determination.

118 Special leave generally

118 Special leave generally

(1) Special leave on full pay must be granted to a NSW Police Force senior executive—

(a) for the purpose of attending any examination under the Act or this regulation, and

(b) up to a maximum of 5 days in any one year—for the purpose of attending any other examination approved by the Commissioner for the purposes of this paragraph.

(2) Special leave granted under subsection (1) must include leave for necessary travel to or from the place at which the examination is held.

(3) Special leave on full pay may be granted to a NSW Police Force senior executive for other purposes and during any periods and subject to any conditions as determined by the Commissioner from time to time.

119 Special leave to attend as witness

119 Special leave to attend as witness

(1) A NSW Police Force senior executive who is subpoenaed or called as a witness by the Crown, whether in right of the Commonwealth or in right of a State or Territory, must—

(a) be granted, for the whole of the period necessary to attend as a witness, special leave on full pay, and

(b) pay to the Commissioner all money paid to the senior executive under or for the subpoena or call, other than money paid as reimbursement of necessary expenses properly incurred in answer to the subpoena or call.

(2) A NSW Police Force senior executive who is subpoenaed or called as a witness otherwise than as referred to in subsection (1) must, for the whole of the period necessary to attend as a witness, be granted at the sole election of the senior executive—

(a) subject to this part—annual leave on full pay, or

(b) leave without pay.

(3) This section does not apply to a NSW Police Force senior executive who is subpoenaed or called as a witness in an official capacity.

Part 8 Police officer support scheme—the Act, ss 199C and 199D

Part 8 Police officer support scheme—the Act, ss 199C and 199D

120 Definitions

120 Definitions

In this part—

7-year period, for an incapacitated police officer, means the period, up to 7 years—

(a) starting after—

(i) the 39-week period for the police officer ends, and

(ii) the amount of weekly compensation payments payable in addition to the police officer’s income is less than 75% of the police officer’s salary, and

(b) ending on the earlier of the following—

(i) the day that is 7 years after the period starts,

(ii) if section 128(3)(b)(i) applies to the police officer—the day referred to in subparagraph (i) as adjusted under section 128(3)(b)(i),

(iii) if the incapacitated police officer ceases to be eligible for weekly compensation payments—the day the officer ceases to be eligible for the payments.

39-week period, for an incapacitated police officer, means the period, up to 39 weeks, in which the police officer is eligible for—

(a) weekly compensation payments on the basis of total incapacity, or

(b) weekly compensation payments on the basis of partial incapacity, if the total income received from weekly compensation payments and any income earned by the police officer is less than the police officer’s ordinary rate of pay.

catastrophic injury has the same meaning as in the Workers Compensation Guidelines, Part 9.1.

catastrophic or exceptional extension payment—see section 129(1)(c).

catastrophic or exceptional extension payment period—see section 129(5)(a).

CEEP panel—see section 132(1).

CPI means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics.

disputed decision—see section 134.

exceptional injury—see section 121(1).

ICNSW has the same meaning as in the State Insurance and Care Governance Act 2015.

Impairment Evaluation Guidelines means the NSW workers compensation guidelines for the evaluation of permanent impairment (fourth edition) reissued by the State Insurance Regulatory Authority on 1 March 2021.

incapacitated current police officer—see section 125(1)(a).

incapacitated former police officer—see section 125(1)(b).

incapacitated police officer means—

(a) an incapacitated current police officer, or

(b) an incapacitated former police officer.

off duty injury means an injury or terminal illness that was not sustained or suffered while performing duties in the course of appointment as a police officer.

on duty injury means an injury, within the meaning of the Workers Compensation Act 1987, section 4, sustained or suffered while performing duties in the course of appointment as a police officer.

ordinary rate of pay, for an incapacitated police officer, means the base salary payable under the industrial instrument applicable to the police officer for a period in relation to which the police officer is receiving weekly compensation payments, including relevant—

(a) loadings, and

(b) position-based allowances, other than the following allowances—

(i) allowances that compensate time,

Example—

an on-call allowance

(ii) task-based shift-by-shift allowances,

Example—

a field training allowance

(iii) allowances that reimburse or cover expenses.

Example—

a plain clothes allowance

President means the President of the Personal Injury Commission.

salary means—

(a) for a non-commissioned police officer—the total of—

(i) the base salary payable under the industrial instrument applicable to the police officer, and

(ii) 17% loading, or

(b) for a commissioned police officer—the base salary.

scheme means the police officer support scheme.

supplementary support benefit arrangement means the arrangement described in Division 3.

weekly compensation payment means the total of the following amounts—

(a) the amount of a weekly payment payable under the Workers Compensation Act 1987, section 33,

(b) the amount of any reductions, offsets or other adjustments of the maximum weekly payment payable under the Workers Compensation Act 1987.

Workers Compensation Guidelines means the Workers compensation guidelines published by the State Insurance Regulatory Authority on 1 March 2021.

workers compensation legislation has the same meaning as in the Workplace Injury Management and Workers Compensation Act 1998.

121 Meaning of “exceptional injury”

121 Meaning of “exceptional injury”

(1) An exceptional injury for a person who is or was a police officer is an injury that renders the person—

(a) totally incapacitated, and

(b) unlikely ever to engage in any gainful profession, trade or occupation for which the person is reasonably qualified by reason of education, training or experience.

(2) To avoid doubt, in assessing whether a person who is or was a police officer is unlikely to ever engage in a gainful profession, trade or occupation for which the person is reasonably qualified by reason of education, training or experience, the assessment—

(a) must not be confined to an assessment of the person’s capacity to be a police officer, and

(b) must consider the person’s broader ability to engage in any profession, trade or occupation to earn an income.

122 Categories of payments under scheme

122 Categories of payments under scheme

The scheme must provide for the following—

(a) payments to or in relation to police officers that constitute death benefits,

(b) payments to or in relation to police officers who become permanently or temporarily incapacitated for work because of an on duty injury,

(c) payments to or in relation to police officers who become permanently or temporarily incapacitated for work because of an off duty injury.

123 Types of arrangements

123 Types of arrangements

The scheme comprises—

(a) for payments to or in relation to police officers who die—an insurance policy arranged by the Commissioner, and

(b) for payments to or in relation to police officers who become permanently or temporarily incapacitated for work because of an on duty injury—the supplementary support benefit arrangement, and

(c) for payments to or in relation to police officers who become permanently or temporarily incapacitated for work because of an off duty injury—an insurance policy arranged by the Commissioner.

124 Supplementary support benefits

124 Supplementary support benefits

(1) Under the supplementary support benefit arrangement provided for in this division, police officers to whom this division applies may receive payments—

(a) under section 127—for up to 39 weeks, and

(b) under section 128—for up to 7 years, and

(c) under section 129—for up to 3 years.

(2) The payments referred to in subsection (1)(a)–(c) may be made only in certain circumstances in accordance with this part.

125 Police officers to whom division applies

125 Police officers to whom division applies

(1) This division applies to—

(a) a police officer (an incapacitated current police officer) who—

(i) suffers a total or partial incapacity for work as a result of an injury, and

(ii) is eligible to receive a weekly compensation payment for an on duty injury, or

(b) a person (an incapacitated former police officer) who—

(i) was a police officer, and

(ii) while a police officer, suffered a total or partial incapacity for work as a result of an on duty injury for which the person was receiving a payment under this division.

(2) Despite subsection (1), this division does not apply, or ceases to apply, to the following persons—

(a) a person who has been removed from the NSW Police Force under the Act, section 181D,

(b) a person who has been dismissed from the NSW Police Force under the Act, section 80(3),

(c) a person who has ceased to be eligible for weekly compensation payments,

(d) a person who would, but for the person’s appointment as a police officer ceasing, be eligible to receive a weekly compensation payment for an on duty injury,

(e) a person who has reached retiring age, within the meaning of the Workers Compensation Act 1987, section 52(1),

(f) a person who does not comply with an injured worker’s obligations under workers compensation legislation,

(g) a person—

(i) whose appointment as a police officer has ceased, and

(ii) who has been convicted of a criminal offence, and

(iii) who is serving a custodial sentence in relation to the conviction.

(3) Subsection (2)(a) does not apply in relation to a person if the person’s injury is unrelated to the reason for the person’s removal from the NSW Police Force under the Act, section 181D.

126 No payments to be made to incapacitated police officers receiving work injury damages

126 No payments to be made to incapacitated police officers receiving work injury damages

(1) If an incapacitated police officer receives work injury damages in relation to an injury, the police officer cannot also receive payments under the scheme.

Note—

See also section 156, which provides that payments made under this part in relation to an injury must be deducted from any compensation, damages or other remedy in a claim made by a police officer.

(2) In this section—

work injury damages has the same meaning as in the Workplace Injury Management and Workers Compensation Act 1998.

127 Payments during 39-week period

127 Payments during 39-week period

(1) During the 39-week period for an incapacitated current police officer, the Commissioner must pay the police officer an amount representing any shortfall between—

(a) the amount of the weekly compensation payments, and

(b) the amount of the ordinary rate of pay the police officer would have received in the 39-week period if the police officer had not sustained a total or partial incapacity for work during that period as a result of an injury.

Note—

Police officers to whom this division applies may receive payments under this section for up to 39 weeks in certain circumstances but may receive payments for a lesser period depending on their entitlement to payments under workers compensation legislation.

(2) To avoid doubt, if the incapacitated current police officer ceases receiving weekly compensation payments in relation to the injury during the 39-week period—

(a) payments under this section cease, and

(b) if the 39-week period was not exhausted—the 39-week period and payments under this section may resume if the police officer resumes receiving weekly compensation payments in relation to the injury, and

(c) any period during which payments under this section in relation to the injury cease is not taken to be part of the 39-week period.

128 Payments during 7-year period

128 Payments during 7-year period

(1) During the 7-year period for an incapacitated police officer, the Commissioner must pay the police officer an amount representing any shortfall between—

(a) the amount of the weekly compensation payments, and

(b) the amount that is equal to the following—

(i) for the first year starting on 1 October in a calendar year and ending on 30 September in the following calendar year in which the incapacitated police officer receives a payment—75% of the salary the incapacitated police officer was receiving immediately before the 7-year period started,

(ii) for later years starting on 1 October in a calendar year and ending on 30 September in the following calendar year—the amount calculated in accordance with section 130.

Note—

Police officers or former police officers may receive payments under this section for up to 7 years in certain circumstances but may receive payments for a lesser period depending on their entitlement to payments under workers compensation legislation.

(2) The maximum amount that may be paid to an incapacitated police officer under subsection (1) per month is—

(a) $14,532 for the period from 1 October 2024 until 30 September 2025, and

(b) for each later year starting on 1 October in a calendar year and ending on 30 September in the following calendar year—the amount that is—

(i) equal to the maximum amount calculated under this subsection for the previous year, adjusted in accordance with movements in CPI, and

(ii) declared by the Commissioner by order published in the Gazette.

(3) To avoid doubt, if the incapacitated police officer ceases receiving weekly compensation payments in relation to the injury during the 7-year period—

(a) payments under this section cease, and

(b) any period during which payments under this section in relation to the injury cease is taken to be—

(i) for a period during which payments under this section in relation to the injury cease because the police officer returns to the full duties of the police officer’s rank, or to a grade within that rank, for a continuous period of 7 days or more—not part of the 7-year period, or

(ii) otherwise—part of the 7-year period.

129 Catastrophic or exceptional extension payments

129 Catastrophic or exceptional extension payments

(1) This section applies if—

(a) an incapacitated police officer is receiving payments under section 128 for—

(i) a catastrophic injury, or

(ii) an exceptional injury, and

(b) the incapacitated police officer has had a total incapacity for any work, whether or not as a police officer and whether or not for payment, because of the same injury for a continuous period of 3 years before making an application under paragraph (c), and

(c) the incapacitated police officer applies to the Commissioner for payments (catastrophic or exceptional extension payments) to be made under this section, and

(d) the application under paragraph (c) is made not more than 6 months before the 7-year period for the incapacitated police officer ends, and

(e) the incapacitated police officer is—

(i) a contributor to the State Authorities Superannuation Fund but not covered by the additional benefit under the State Authorities Superannuation Act 1987, and

(ii) an officer whose prescribed contribution to the cost to the State of the scheme under the Act, section 199C is prescribed under section 159.

(2) As soon as practicable after receiving an application for catastrophic or exceptional extension payments, the Commissioner must refer the application to the CEEP panel.

(3) The CEEP panel may ask the incapacitated police officer to give further information, or to undergo further assessment, to assist the panel in making the panel’s decision.

(4) If the incapacitated police officer fails to comply with a request under subsection (3)—

(a) the application by the incapacitated police officer is taken to have been suspended until the incapacitated police officer complies with the request, and

(b) if the incapacitated police officer later complies with the request—payments under this division to which the incapacitated police officer would have been entitled but for the failure to comply may be reinstated.

(5) After considering the application and any relevant information in relation to the incapacitated police officer, the panel must make a recommendation to the Commissioner to—

(a) approve the catastrophic or exceptional extension payments to the police officer for the following period (the catastrophic or exceptional extension payment period)—

(i) if the incapacitated police officer is receiving payments for a catastrophic injury—3 years,

(ii) if the incapacitated police officer is receiving payments for an exceptional injury—up to 3 years, or

(b) decline to approve the catastrophic or exceptional extension payments to the incapacitated police officer.

(6) The Commissioner must decide to approve or decline to approve the catastrophic or exceptional extension payments as recommended by the panel.

(7) As soon as practicable after making a decision under subsection (6), the Commissioner must give the incapacitated police officer written notice of the decision.

(8) If a catastrophic or exceptional extension payment is approved for an incapacitated police officer, the amount of the payment is the amount representing any shortfall between—

(a) the amount of the weekly compensation payments, and

(b) the amount that is equal to the following—

(i) for the first year starting on 1 October in a calendar year and ending on 30 September in the following calendar year in which the incapacitated police officer receives a catastrophic or exceptional extension payment—the amount calculated in accordance with section 130,

(ii) for later years starting on 1 October in a calendar year and ending on 30 September in the following calendar year—the amount calculated in accordance with section 130.

(9) To avoid doubt, if the incapacitated police officer ceases receiving weekly compensation payments in relation to the injury during the catastrophic or exceptional extension payment period—

(a) payments under this section cease, and

(b) any period during which payments under this section in relation to the injury cease is taken to be part of the catastrophic or exceptional extension payment period.

(10) In this section—

relevant information, in relation to an incapacitated police officer, means the following—

(a) the incapacitated police officer’s pay or other income slips,

(b) medical or health assessments of the incapacitated police officer, including assessments provided by the NSW Police Force’s workers compensation insurer,

(c) vocational assessments of the incapacitated police officer,

(d) whole person impairment assessments, in accordance with the Impairment Evaluation Guidelines, of the incapacitated police officer showing that the police officer has a degree of permanent impairment,

(e) other information or assessments relating to the incapacitated police officer requested under subsection (3).

130 Indexation—weekly payments

130 Indexation—weekly payments

(1) The amount of a weekly payment to an incapacitated police officer under section 128(1)(b)(ii) or 129(8)(b)(i) or (ii) in relation to an injury must be adjusted on each review date after the day on which the police officer became entitled to payments under section 128 or 129 by reference to the CPI for Sydney for the 12-month period immediately before the review date.

(2) The Commissioner must declare, by order published in the Gazette on or before each review date, the formula that must be used for calculating the amount of the adjustment required to be made on the review date under subsection (1).

(3) However, if the adjustment of the amount of the weekly payment in accordance with the formula declared under subsection (2) results in the amount being—

(a) increased by more than 5%—the amount must be adjusted by increasing the amount by 5%, or

(b) decreased—the amount must be adjusted by 0%.

(4) A declaration made by an order published in the Gazette after a review date for the purposes of the adjustment required for the review date has effect as if the order were published before the review date.

(5) In this section—

review date means 1 October in each year.

131 Maintaining eligibility for catastrophic or exceptional extension payments

131 Maintaining eligibility for catastrophic or exceptional extension payments

(1) The Commissioner may decide to cease making catastrophic or exceptional extension payments to an incapacitated police officer if—

(a) the Commissioner is satisfied the police officer is no longer totally incapacitated for any work, whether or not as a police officer and whether or not for payment, because of the police officer’s on duty injury (the incapacitating injury), or

(b) the police officer fails to comply with a notice under subsection (2).

(2) The Commissioner may, at any time by written notice given to an incapacitated police officer who is receiving catastrophic or exceptional extension payments, require the police officer to give the Commissioner information relating to the police officer’s injury or eligibility for or receipt of catastrophic or exceptional extension payments.

(3) For subsection (1)(a), the Commissioner must disregard the impact on the police officer’s capacity of any injuries or illnesses that occur after, and are unrelated to, the incapacitating injury.

132 CEEP panel

132 CEEP panel

(1) The Minister must establish a panel (the CEEP panel) to consider applications by incapacitated police officers for catastrophic or exceptional extension payments.

(2) The panel must consist of the following members appointed by the Minister—

(a) a person nominated by the Minister to be the chairperson of the panel,

(b) a person nominated by the Commissioner,

(c) a person nominated by the Police Association of NSW.

(3) A member of the panel is appointed—

(a) for the period, not more than 12 months, specified in the member’s instrument of appointment and may be reappointed, and

(b) on other terms decided by the Minister.

(4) The procedure for calling meetings of the panel and conducting business at the meetings must be determined by the panel.

133 Reviews of certain decisions under part

133 Reviews of certain decisions under part

(1) If any of the following decisions are made in relation to a police officer, the police officer may apply to ICNSW for a review of the decision—

(a) a decision under section 129(6) to decline to make catastrophic or exceptional extension payments,

(b) a decision under section 131(1)(a) to cease making catastrophic or exceptional extension payments.

(2) The review must be conducted by a registered health practitioner, chosen by ICNSW, within 21 days after the application for review is made.

(3) As soon as practicable after the review is completed, ICNSW must give a report to the CEEP panel and the Commissioner that sets out recommendations about whether catastrophic or exceptional extension payments should be made to the incapacitated police officer.

(4) The CEEP panel and the Commissioner must follow the recommendations in the report unless the CEEP panel is satisfied exceptional circumstances apply.

(5) In this section—

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).

pt.8-div.4-sdiv.1 Jurisdiction

Subdivision 1 Jurisdiction

134 Jurisdiction of Commission in relation to disputed decisions

134 Jurisdiction of Commission in relation to disputed decisions

The following decisions (disputed decisions) are specified for the purposes of the Personal Injury Commission Act 2020, Schedule 3A, clause 3(2)—

(a) a decision under this part to decline to make a payment to a police officer,

(b) a decision under this part about the amount of a payment to be made to an incapacitated police officer,

(c) a decision about the length of a catastrophic or exceptional extension payment period for an exceptional injury, if the period is less than 3 years.

pt.8-div.4-sdiv.2 Determination of disputes by Commission

Subdivision 2 Determination of disputes by Commission

135 Commissioner to give notice of decisions

135 Commissioner to give notice of decisions

(1) The Commissioner must give notice in accordance with section 136 of a decision of the Commissioner—

(a) to dispute an incapacitated police officer’s eligibility for a payment under the scheme, or

(b) to discontinue payment to an incapacitated police officer of an amount under the scheme or to reduce the amount.

(2) Notice of a decision of the Commissioner involving both an eligibility dispute and a discontinuation or reduction of an amount of a payment under the scheme may be combined into a single notice.

136 How notice of decision is given

136 How notice of decision is given

(1) A notice required by section 135 must be given to the incapacitated police officer.

(2) The notice must contain a concise and readily understandable statement of the reason for the Commissioner’s decision and of the issues relevant to the decision.

(3) In addition, notice of a decision to dispute liability for a claim for compensation must identify a provision of the Act, Part 9B or this part.

137 Referral of disputes to Commission

137 Referral of disputes to Commission

(1) An incapacitated police officer who is dissatisfied by a disputed decision may refer the dispute to the President of the Commission for determination by the Commission.

(2) An incapacitated police officer may refer a dispute about a relevant decision to the President of the Commission only if the relevant decision has already been the subject of a review by ICNSW under section 133.

(3) In this section—

relevant decision means a decision referred to in section 133(1)(a) or (b).

138 Restrictions on when dispute may be referred to Commission

138 Restrictions on when dispute may be referred to Commission

(1) A dispute must not be referred for determination by the Commission unless the dispute is only about matters previously notified as disputed.

(2) A matter is taken to have been previously notified as disputed if it concerns a matter raised in writing between the Commissioner and the incapacitated police officer before the dispute is referred to the President of the Commission.

(3) The Commission must not hear or otherwise deal with a dispute if this section provides that the dispute must not be referred for determination by the Commission.

(4) However, the Commission may hear or otherwise deal with a matter subsequently arising out of a dispute referred to in subsection (3).

(5) Despite subsection (3), a dispute relating to previously unnotified matters may be heard or otherwise dealt with by the Commission if, in the Commission’s opinion, it is in the interests of justice.

139 Information exchange between parties

139 Information exchange between parties

(1) If a dispute is referred for determination by the Commission, each party to the dispute must give the other party and the President, as and when required by the Commission rules, the documents and other information the Commission rules require.

(2) A party to a dispute who fails, without reasonable excuse, to comply with a requirement of this section commits an offence.

Maximum penalty—20 penalty units.

(3) A document or other information a party to a dispute has failed to give in contravention of this section cannot be admitted on behalf of the party in proceedings on the dispute before the Commission.

(4) Subsections (2) and (3) do not apply if the party is an incapacitated police officer unless it is established the police officer was represented by a legal practitioner or an agent, within the meaning of the Workplace Injury Management and Workers Compensation Act 1998, section 131, at the relevant time.

(5) The Commission rules may provide for exceptions to subsection (3).

(6) Without limiting subsection (5), the Commission rules may authorise the Commission to permit, in specified circumstances, the admission of a document or other information in proceedings before the Commission that would otherwise not be admissible under subsection (3).

(7) If the President is satisfied an applicant has failed, without reasonable excuse, to comply with a requirement of this section, the President may do one or more of the following—

(a) note the matter in a certificate issued by the President in relation to the dispute, together with details of the documents or other information to which the failure relates,

(b) order that a specified amount or proportion of the costs that would otherwise be recoverable by the party in connection with the referral of the matter to the Commission is not recoverable.

140 Certificate of Commission’s determination

140 Certificate of Commission’s determination

(1) If a dispute is determined by the Commission, the Commission must, as soon as practicable after the determination of the dispute, give the parties to the dispute a certificate specifying the determination.

(2) A brief statement must be attached to the certificate setting out the Commission’s reasons for the determination.

141 Commission rules about medical evidence

141 Commission rules about medical evidence

(1) The Commission rules may provide for matters relating to the following in relation to disputes under this part—

(a) the disclosure, by the giving of copies of reports or otherwise, of the nature of the expert medical evidence to be given in evidence before the Commission, including the exclusion of evidence for non-compliance with a requirement for the disclosure of the nature of the evidence,

(b) the disclosure of medical reports, including x-rays and the results of other tests, to medical assessors, including the exclusion of a medical report for non-compliance with a requirement for the disclosure of the medical report,

(c) limiting the number of medical reports in connection with a claim or an aspect of a claim and, in particular, limiting the number of medical reports that may be admitted in evidence in proceedings before the Commission,

(d) limiting the number of expert witnesses that may be called by a party and otherwise restricting the calling of expert witnesses by a party.

(2) This section only authorises Commission rules in connection with proceedings before the Commission.

pt.8-div.4-sdiv.3 Medical assessments

Subdivision 3 Medical assessments

142 Definitions

142 Definitions

In this subdivision—

medical assessment certificate—see section 145(1).

medical dispute means a dispute between the Commissioner and an incapacitated police officer about any of the following matters, or a question about any of the following matters, in connection with a disputed decision in relation to a catastrophic or exceptional extension payment—

(a) the incapacitated police officer’s condition, including the police officer’s prognosis, the aetiology of the condition and the treatment proposed or provided,

(b) the incapacitated police officer’s fitness for employment, whether as a police officer or otherwise,

(c) whether the incapacitated police officer is totally or partially incapacitated for work as a result of an injury,

(d) whether the incapacitated police officer’s total or partial incapacity for work as a result of an injury is permanent or temporary,

(e) whether an injury suffered by the incapacitated police officer is an exceptional injury.

143 Referral of medical dispute for assessment

143 Referral of medical dispute for assessment

(1) A medical dispute may be referred for assessment under this subdivision by the Commission or the President—

(a) on the motion of the Commission or the President, or

(b) at the request of a party to the dispute.

(2) The President must give the parties notice of the referral.

(3) The parties to the dispute may agree on the medical assessor who will assess the dispute but, if the parties have not agreed within 7 days after the dispute is referred, the President must choose the medical assessor who will assess the dispute.

(4) The President may arrange for a medical assessor to assess the dispute outside the State—

(a) if requested by a party to the dispute, or

(b) with the consent of the parties to the dispute.

(5) In deciding whether to make an arrangement under subsection (4), the President must consider the following—

(a) the interests and wishes of the parties to the dispute,

(b) the nature and complexity of the dispute,

(c) whether the arrangement is necessary for the timely and cost-effective assessment of the dispute,

(d) other matters the President considers relevant.

144 Powers of medical assessor on assessment

144 Powers of medical assessor on assessment

(1) The medical assessor assessing a medical dispute may—

(a) consult with any medical practitioner or other health care professional who is treating or has treated the incapacitated police officer, and

(b) call for the production of medical records, including x-rays and the results of other tests, and other information the medical assessor considers necessary or desirable for the purposes of assessing a medical dispute referred to the medical assessor, and

(c) require the incapacitated police officer to submit to an examination by the medical assessor.

(2) If an incapacitated police officer refuses to submit to an examination by the medical assessor if required, or in any way obstructs the examination, the incapacitated police officer’s right to payments under the scheme is suspended until the examination has taken place.

(3) This section extends to the assessment of a medical dispute during an appeal or further assessment under the Act, Part 9B or this division.

(4) A medical assessor who is hearing the appeal, or who is assessing the matter by further assessment, has all the powers of a medical assessor under this section on an assessment of a medical dispute.

145 Medical assessment certificate

145 Medical assessment certificate

(1) The medical assessor to whom a medical dispute is referred must give a certificate (a medical assessment certificate) about the matters referred for assessment.

(2) A medical assessment certificate must be in a form approved by the President and must—

(a) set out details of the matters referred for assessment, and

(b) certify the medical assessor’s assessment in relation to the matters, and

(c) set out the medical assessor’s reasons for the assessment, and

(d) set out the facts on which the assessment is based.

(3) If the President is satisfied a medical assessment certificate contains an obvious error, the President may issue, or approve the medical assessor issuing, a replacement medical assessment certificate to correct the error.

(4) A medical assessor is competent to give evidence about matters in a certificate given by the assessor under this section, but may not be compelled to give evidence.

146 Status of medical assessments

146 Status of medical assessments

(1) An assessment certified in a medical assessment certificate under a medical assessment under this subdivision is conclusively presumed to be correct as to the following matters in proceedings before the Commission—

(a) whether a proportion of permanent total or partial incapacity is due to a previous injury or pre-existing condition or abnormality,

(b) whether incapacity is permanent.

(2) In relation to another matter, the assessment certified is evidence, but not conclusive evidence, in proceedings before the Commission.