sec.7 Particular matters within scope of prescribed responsibility
For section 4 .8(2)(a) of the Act , the following are prescribed as particular matters within the scope of the prescribed responsibility—
deciding priorities relating to the service;
deciding the appropriate organisational structure of the service;
the control of the human, financial or other resources of the service;
the designation or redesignation of offices;
deciding the number and deployment of officers or staff members;
the selection of persons as officers or police recruits;
the qualifications for offices in the service and the duties attaching to the offices;
deciding levels of salaries, wages or allowances of members of the service;
the promotion or demotion of officers or staff members;
the training and development of members of the service;
the discipline of members of the service;
the dress or appearance of members of the service;
the appraisal of performance of members of the service;
the approval or administration of leave arrangements;
the internal redeployment or retraining of officers or staff members;
the termination of employment of members of the service;
deciding the times within which members of the service are to perform their ordinary hours of work;
developing ways to ensure all members of the service are treated justly, fairly and with compassion;
deciding the number and location of police establishments or police stations;
keeping proper records, including records about—
the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and
the result of any proceeding against the person for the suspected offence;
for a proceeding against a person for an offence with which the person was charged by an officer—taking part in a conference with the person’s lawyer about the conduct of the proceeding to narrow issues or help in the timely resolution of the proceeding;
without limiting the action that may be taken by the commissioner as a result of the conference—
deciding whether to amend, substitute or withdraw the charge; and
deciding facts to be presented to the court for the charge; and
if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and
Criminal Code , section 552A
Drugs Misuse Act 1986 , section 118
Weapons Act 1990 , section 161
in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and
deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.
s 7 amd 2016 Act No. 43 s 25 ; 2022 Act No. 9 s 48
(a) deciding priorities relating to the service;
(b) deciding the appropriate organisational structure of the service;
(c) the control of the human, financial or other resources of the service;
(d) the designation or redesignation of offices;
(e) deciding the number and deployment of officers or staff members;
(f) the selection of persons as officers or police recruits;
(g) the qualifications for offices in the service and the duties attaching to the offices;
(h) deciding levels of salaries, wages or allowances of members of the service;
(i) the promotion or demotion of officers or staff members;
(j) the training and development of members of the service;
(k) the discipline of members of the service;
(l) the dress or appearance of members of the service;
(m) the appraisal of performance of members of the service;
(n) the approval or administration of leave arrangements;
(o) the internal redeployment or retraining of officers or staff members;
(p) the termination of employment of members of the service;
(q) deciding the times within which members of the service are to perform their ordinary hours of work;
(r) developing ways to ensure all members of the service are treated justly, fairly and with compassion;
(s) deciding the number and location of police establishments or police stations;
(t) keeping proper records, including records about— (i) the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and (ii) the result of any proceeding against the person for the suspected offence;
(i) the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and
(ii) the result of any proceeding against the person for the suspected offence;
(u) for a proceeding against a person for an offence with which the person was charged by an officer—taking part in a conference with the person’s lawyer about the conduct of the proceeding to narrow issues or help in the timely resolution of the proceeding;
(v) without limiting the action that may be taken by the commissioner as a result of the conference— (i) deciding whether to amend, substitute or withdraw the charge; and (ii) deciding facts to be presented to the court for the charge; and (iii) if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and Examples of provisions that provide for a prosecution’s election— • Criminal Code , section 552A • Drugs Misuse Act 1986 , section 118 • Weapons Act 1990 , section 161 (iv) in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and (v) deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.
(i) deciding whether to amend, substitute or withdraw the charge; and
(ii) deciding facts to be presented to the court for the charge; and
(iii) if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and Examples of provisions that provide for a prosecution’s election— • Criminal Code , section 552A • Drugs Misuse Act 1986 , section 118 • Weapons Act 1990 , section 161
• Criminal Code , section 552A
• Drugs Misuse Act 1986 , section 118
• Weapons Act 1990 , section 161
(iv) in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and
(v) deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.
(i) the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and
(ii) the result of any proceeding against the person for the suspected offence;
(i) deciding whether to amend, substitute or withdraw the charge; and
(ii) deciding facts to be presented to the court for the charge; and
(iii) if the prosecution has an election ( prosecution’s election ) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and Examples of provisions that provide for a prosecution’s election— • Criminal Code , section 552A • Drugs Misuse Act 1986 , section 118 • Weapons Act 1990 , section 161
• Criminal Code , section 552A
• Drugs Misuse Act 1986 , section 118
• Weapons Act 1990 , section 161
(iv) in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984 , section 11 applying to the commissioner, or any other relevant consideration; and
(v) deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.