25Fitness report for probationary constables

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.