sec.5.2Appointment to be on merit on impartial procedures

### sec.5.2 Appointment to be on merit on impartial procedures In this section— transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary. A decision to appoint a person, other than an executive officer, as a police recruit or to a police officer position, or to appoint an executive officer to a police officer position or rank, must be made by fair and equitable procedures that— include inviting applications and selection on the basis of the merit of applicants; and prevent unjust discrimination, whether in favour of or against a person. However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2) (a) . Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer. For the purposes of this section merit of an officer comprises— the integrity, diligence and good conduct of the officer; and the potential of the officer to discharge the duties of the position or rank in question; and the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and the physical and mental fitness of the officer to perform the duties of the position or rank in question. For the purpose of determining the potential of an officer to discharge the duties of a position or rank the following factors must be taken into account— the performance of duties of office in the course of the officer’s career; the range of practical experience of the officer in the service or outside the service; the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question; any relevant academic, professional or trade qualifications of the officer. s 5.2 amd 1993 No. 77 s 3 ; 2023 No. 11 s 30 (sec.5.2-ssec.1) In this section— transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary. (sec.5.2-ssec.2) A decision to appoint a person, other than an executive officer, as a police recruit or to a police officer position, or to appoint an executive officer to a police officer position or rank, must be made by fair and equitable procedures that— include inviting applications and selection on the basis of the merit of applicants; and prevent unjust discrimination, whether in favour of or against a person. (sec.5.2-ssec.3) However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2) (a) . (sec.5.2-ssec.4) Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer. (sec.5.2-ssec.5) For the purposes of this section merit of an officer comprises— the integrity, diligence and good conduct of the officer; and the potential of the officer to discharge the duties of the position or rank in question; and the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and the physical and mental fitness of the officer to perform the duties of the position or rank in question. (sec.5.2-ssec.6) For the purpose of determining the potential of an officer to discharge the duties of a position or rank the following factors must be taken into account— the performance of duties of office in the course of the officer’s career; the range of practical experience of the officer in the service or outside the service; the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question; any relevant academic, professional or trade qualifications of the officer. - (a) include inviting applications and selection on the basis of the merit of applicants; and - (b) prevent unjust discrimination, whether in favour of or against a person. - (a) the integrity, diligence and good conduct of the officer; and - (b) the potential of the officer to discharge the duties of the position or rank in question; and - (c) the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and - (d) the physical and mental fitness of the officer to perform the duties of the position or rank in question. - (a) the performance of duties of office in the course of the officer’s career; - (b) the range of practical experience of the officer in the service or outside the service; - (c) the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question; - (d) any relevant academic, professional or trade qualifications of the officer.