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Police Service Act 2003 (No. 75 of 2003)
Requested:  23 Jul 2014
Consolidated as at:  21 Feb 2012

PART 2 - Police Service

Division 1 - Establishment of Police Service

4. Police Service

      (1) There is established the Police Service.

      (2) The Police Service consists of the following ranks:

(a) Commissioner;

(b) Deputy Commissioner;

(c) Assistant Commissioner;

(d) Commander;

(e) Inspector;

(f) Sergeant;

(g) Constable;

(h) Special Constable;

(i) Trainee;

(j) Junior Constable;

(k) any other rank created under subsection (4).

      (3) The total number of police officers comprising the Police Service is to be determined by the Minister after considering any recommendation of the Commissioner.

      (4) The Commissioner or, in the case of a rank of or above the rank of inspector, the Governor may remove or create a rank.

5. Order of seniority

      (1) The order of seniority is as follows:

(a) police officers in the order set out in section 4(2)(a), (b), (c), (d), (e), (f), (g) and (h);

(b) as between 2 police officers of different ranks, the police officer with the higher rank;

(c) as between 2 police officers of the same rank, as determined by the Commissioner;

(d) as between trainees, junior constables and police officers, as determined by the Commissioner.

      (2) The seniority of a rank created under section 4(4) is as determined by the Commissioner or the Governor, as appropriate.

      (3) The Commissioner is to publish or cause to be published a list of the order of seniority.

Division 2 - Appointments

6. Commissioner of Police

      (1) A person is to be appointed by the Governor as the Commissioner of Police for a period not exceeding 5 years as specified in the instrument of appointment.

      (2) The Commissioner is entitled to the remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment.

7. Responsibilities of Commissioner

      (1) The Commissioner, under the direction of the Minister, is responsible for the efficient, effective and economic management and superintendence of the Police Service.

      (2) Matters for which the Commissioner is responsible include, but are not limited to, the following:

(a) determination of the organisational structure of the Police Service;

(b) determination of the number, type and location of police stations and other buildings and structures used for the purposes of the Police Service;

(c) determination and allocation of duties within the Police Service;

(d) performance evaluation;

(e) discipline within the Police Service;

(f) training, education and development programs to ensure efficient and effective performance of duties;

(g) the establishment of internal grievance-resolution procedures.

      (3) The Commissioner may –

(a) issue orders, directions, procedures and instructions for the efficient, effective and economic management and superintendence of the Police Service; and

(b) do anything else necessary or convenient for the efficient, effective and economic management and superintendence of the Police Service.

8. Delegation

The Commissioner, by instrument in writing, may delegate to a police officer, or an employee or officer within the meaning of the State Service Act 2000, any power, duty or responsibility of the Commissioner under this Act or any other Act, other than –

(a) this power of delegation; or

(b) .  .  .  .  .  .  .  .  

(c) the power to terminate, or recommend the termination of, the appointment of a police officer, trainee or junior constable under section 13(3), 15(6),  29(4)(h) or (i), 30, 31 or  43(3)(i) or (j).

9. Deputy Commissioner

      (1) A person is to be appointed by the Governor as Deputy Commissioner of Police for a period not exceeding 5 years as specified in the instrument of appointment.

      (2) The Deputy Commissioner is entitled to the remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment.

      (3) The Deputy Commissioner is to –

(a) assist the Commissioner; and

(b) act as Commissioner during any absence of the Commissioner or any vacancy in the office of Commissioner.

      (4) Anything done or omitted to be done by the Deputy Commissioner while acting as the Commissioner is as valid, and has the same consequences, as if it had been done or omitted to be done by the Commissioner.

10. Assistant Commissioners

      (1) Persons are to be appointed by the Governor as Assistant Commissioners for a period not exceeding 5 years as specified in the instrument of appointment.

      (2) An Assistant Commissioner is entitled to the remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment.

      (3) An Assistant Commissioner is to –

(a) assist the Commissioner and the Deputy Commissioner; and

(b) act as Deputy Commissioner as authorised by the Commissioner during any absence of the Deputy Commissioner or any vacancy in the office of Deputy Commissioner.

      (4) Anything done or omitted to be done by an Assistant Commissioner while acting as the Deputy Commissioner is as valid, and has the same consequences, as if it had been done or omitted to be done by the Deputy Commissioner.

11. Commissioned police officers

      (1) Persons are to be appointed by the Governor as commanders for a period not exceeding 5 years as specified in the instrument of appointment.

      (2) A commander is entitled to remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment.

      (3) Persons are to be appointed by the Governor as inspectors for a non-fixed period under the terms and conditions of the Police Award.

      (4) Persons may be appointed by the Governor as commissioned police officers to a rank created under section 4(4).

12. Non-commissioned police officers

      (1) The Commissioner may appoint persons as non-commissioned police officers –

(a) for a non-fixed period under the terms and conditions of the Police Award; or

(b) with the consent of the persons, for a period not exceeding 5 years, and subject to the terms and conditions, as specified in the instrument of appointment if –

(i) the person has specialist or expert qualifications; or

(ii) the person has experience as a police officer; or

(iii) special circumstances exist which, in the opinion of the Commissioner, justify the appointment.

      (2) The Commissioner may determine the qualifications, skills, attributes and medical, physical or other requirements for appointment under this section.

      (3) The Commissioner may reduce the rank of a police officer appointed under subsection (1)(b) if the police officer is no longer required to use the specialist or expert qualifications or experience for which the police officer was appointed.

      (4) This section does not apply to the appointment of a person as a special constable.

13. Special constables

      (1) The Commissioner may appoint persons as special constables if of the opinion that it is necessary or convenient to do so.

      (2) An appointment as a special constable –

(a) is for a period and within an area the Commissioner determines or as specified in the instrument of appointment; and

(b) is subject to the remuneration, terms and conditions the Commissioner determines or as specified in the instrument of appointment; and

(c) is subject to any restrictions the Commissioner determines or as specified in the instrument of appointment.

      (3) The Commissioner may suspend or terminate the appointment of a special constable for any reason the Commissioner considers appropriate.

14. Ancillary constables

      (1) The Commissioner may appoint persons as ancillary constables for any event or purpose if of the opinion that it is necessary or convenient to do so.

      (2) An appointment as an ancillary constable –

(a) is for a period and within an area the Commissioner determines or as specified in the instrument of appointment; and

(b) is subject to any terms and conditions the Commissioner determines or as specified in the instrument of appointment; and

(c) is subject to any restrictions the Commissioner determines or as specified in the instrument of appointment.

      (3) An ancillary constable is not a police officer but, subject to any restrictions the Commissioner determines or as specified in the instrument of appointment, has the powers and duties of a police officer with the rank of constable.

      (4) The Commissioner may suspend or terminate the appointment of an ancillary constable for any reason the Commissioner considers appropriate.

15. Trainees and junior constables

      (1) The Commissioner may appoint persons as trainees or junior constables for a period not exceeding 2 years subject to any terms and conditions as specified in the instrument of appointment.

      (2) A person may only be appointed as a junior constable if the person is at least 16 years of age but has not attained the age of 21 years.

      (3) .  .  .  .  .  .  .  .  

      (4) The Commissioner may determine the qualifications, skills, attributes and medical, physical or other requirements for appointment under this section.

      (5) A trainee or junior constable –

(a) is subject to the direction and control of the Commissioner; and

(b) is to undertake the duties assigned to him or her.

      (6) The Commissioner may terminate the appointment of a trainee or junior constable for any reason the Commissioner considers appropriate.

Division 3 - Promotions

16. Qualification and Accreditation Committee

      (1) The Commissioner may establish a Qualification and Accreditation Committee to be responsible for the provision of courses, examinations, assessments and accreditations relating to qualification for promotion.

      (2) The Qualification and Accreditation Committee is to consist of at least 3 persons appointed by the Commissioner.

17. Promotion Selection Committees

      (1) The Commissioner may establish Promotion Selection Committees to make recommendations relating to the promotion or otherwise of police officers.

      (2) A Promotion Selection Committee is to consist of at least 3 persons appointed by the Commissioner.

18. Promotion

      (1) A non-commissioned police officer who is qualified for promotion, by notice in writing to the Commissioner, may apply to be promoted.

      (2) A non-commissioned police officer is qualified for promotion if the police officer has successfully completed, or is accredited with having successfully completed, the required examinations and other assessments as the Commissioner determines.

      (3) The Commissioner may promote a non-commissioned police officer who is qualified for promotion to a rank below the rank of inspector and above the rank the police officer currently holds.

      (4) The Commissioner may recommend to the Minister the promotion to the rank of inspector of a non-commissioned police officer who is qualified for promotion to that rank.

      (5) In determining whether to promote or recommend the promotion of a police officer, the Commissioner may take into account the conduct of the police officer.

      (6) A non-commissioned police officer, by notice in writing to the Commissioner, may withdraw an application for promotion.

      (7) A promotion to the rank of inspector is to be in accordance with section 11(3).

19. Publication of intention to promote

If it is intended to promote a police officer, the Commissioner is to publish a notice of that intention in the Police Gazette.

20. Promotion taking effect

The promotion of a police officer –

(a) if an application is not made under section 55, takes effect 15 days after the date of publication of the notice under section 19; or

(b) if an application is made under section 55 and the Police Review Board makes a determination under section 58(1)(a) or 59(1)(a), is taken to have taken effect 15 days after the date of publication of the notice under section 19; or

(c) if an application is made under section 55 and the Police Review Board makes a determination under section 58(1)(b) or  59(1)(b), takes effect on receipt by the police officer of the notice under section 75(2)(b); or

(d) if an application is made under section 55 and the Police Review Board makes a determination under section 58(2) or 59(4) and the Commissioner decides to confirm the promotion of the police officer or recommends to the Minister that the promotion of the police officer be confirmed, is taken to have taken effect 15 days after the date of publication of the notice under section 19; or

(e) if an application is made under section 55 and the Police Review Board makes a determination under section 58(2) or 59(4) and the Commissioner decides to promote the applicant or recommends to the Minister that the applicant be promoted, takes effect on receipt by the police officer of a notice under section 58(3)(b) or  59(5)(b); or

(f) if an application made under section 55 is withdrawn, is taken to have taken effect 15 days after the date of publication of the notice under section 19.

21. Promotion on merit

      (1) The promotion of a police officer is to be on merit.

      (2) Merit is the capacity of a person to perform the required duties having regard to –

(a) the knowledge, skills, qualifications and experience of the person; and

(b) the person's potential for further development.

22. Division not to apply to special constables

The provisions of this Division do not apply to special constables.

Division 4 - Secondments and transfers

23. Secondment

      (1) The Commissioner, by written agreement with a police officer, may arrange for the police officer to be seconded to –

(a) a police force or police service of a foreign country or another State or a Territory of the Commonwealth; or

(b) any other body or organisation, whether within or outside Tasmania.

      (2) The Commissioner, by written agreement with a person, may arrange for the person to be seconded to the Police Service from –

(a) a police force or police service of a foreign country or another State or a Territory of the Commonwealth; or

(b) any other body or organisation, whether within or outside Tasmania.

      (3) A secondment under this section is subject to the terms and conditions specified in the relevant agreement.

      (4) The powers of a police officer seconded under subsection (1) are retained during the secondment, unless the Commissioner determines otherwise.

      (5) A secondment under subsection (1) does not break the continuity of service of the police officer.

24. Transfer to and from Police Service

      (1) The Commissioner, by written agreement with the Minister responsible for the administration of the State Service Act 2000 and an employee or officer within the meaning of that Act, may arrange for that employee or officer to be transferred to the Police Service if that employee or officer satisfies the requirements for appointment as a police officer.

      (2) The Commissioner, by written agreement with the Minister responsible for the administration of the State Service Act 2000 and a police officer, may arrange for the police officer to be transferred to the State Service.

      (3) A transfer under this section is subject to the terms and conditions as agreed to between the Commissioner and the Minister responsible for the administration of the State Service Act 2000 and by the employee, officer or police officer concerned.

      (4) A police officer who is transferred under subsection (2) does not retain any of the powers of a police officer on that transfer, unless the Commissioner determines otherwise.

25. Transfer within Police Service

      (1) The Commissioner may transfer a police officer within the Police Service, with or without the consent of the police officer, if the Commissioner is of the opinion that it is necessary to do so for the effective management of the Police Service.

      (2) A police officer may apply in writing to the Commissioner to be transferred within the Police Service.

      (3) The Commissioner may grant or refuse to grant an application under subsection (2).

26. Division not to apply to special constables

This Division does not apply to special constables.

Division 5 - Resignations, retirements and terminations

27. Resignation

      (1) A police officer who wishes to resign from the Police Service must give 30 days' notice in writing to the Commissioner, unless the Commissioner otherwise authorises in writing.

Penalty:

Fine not exceeding 2 penalty units.

      (2) A resignation only takes effect when accepted by the Commissioner.

28. Retirement

      (1) A police officer must retire from the Police Service on attaining the age of 65 years.

      (2) A police officer may retire from the Police Service on or after attaining the age of 55 years.

      (3) A police officer may retire from the Police Service if the Commissioner –

(a) considers that the police officer is unable to efficiently and effectively perform his or her duties because of any reason specified under section 29; and

(b) agrees in writing.

29. Inability to perform duties

      (1) The Commissioner may determine that a police officer is unable to efficiently and effectively perform his or her duties because of –

(a) any mental illness as defined in the Mental Health Act 1996; or

(b) any injury, illness or disease; or

(c) any general physical unfitness.

      (2) The Commissioner may establish procedures for the investigation of whether a police officer is able to efficiently and effectively perform his or her duties.

      (3) The Commissioner may direct a police officer to be medically examined by a medical practitioner nominated by the Commissioner in order to determine any matter relating to the ability of the police officer to efficiently and effectively perform his or her duties.

      (4) The Commissioner may take one or more of the following actions in relation to a police officer who the Commissioner determines is unable to efficiently and effectively perform his or her duties:

(a) direct that appropriate counselling be provided to the police officer;

(b) direct that appropriate retraining be provided to the police officer;

(c) direct that the remuneration of the police officer be reduced within the range of remuneration applicable to the police officer;

(d) reassign the duties of the police officer;

(e) transfer the police officer;

(f) in the case of a non-commissioned police officer, demote the police officer;

(g) in the case of a commissioned police officer, recommend to the Minister that the police officer be demoted;

(h) in the case of a non-commissioned police officer, terminate the appointment of the police officer;

(i) in the case of a commissioned police officer, recommend to the Minister that his or her appointment as a police officer be terminated.

(j) .  .  .  .  .  .  .  .  

      (5) In determining which action or actions to take, the Commissioner is to consider taking any action in the order specified in subsection (4) as may be reasonable in the circumstances.

      (6) The Commissioner, by notice served on the police officer, must notify the police officer of any action taken under subsection (4).

      (7) If the Minister accepts a recommendation made by the Commissioner under subsection (4)(g) or (i), the Minister is to recommend to the Governor, as appropriate, that –

(a) the commissioned police officer be demoted; or

(b) his or her appointment as a police officer be terminated.

      (8) The Governor, on receipt of the Minister's recommendation, may, as appropriate –

(a) demote the commissioned police officer; or

(b) terminate his or her appointment as a police officer.

      (9) The Commissioner, by notice served on the commissioned police officer, must notify the commissioned police officer of the demotion or termination under subsection (8).

30. Termination or demotion of commissioned police officers

      (1) The Commissioner may recommend to the Minister that the appointment of a commissioned police officer as a police officer be terminated or that the commissioned police officer be demoted if the Commissioner does not have confidence in that police officer's suitability to continue as a police officer or at his or her rank having regard to –

(a) the police officer's competence, integrity, performance or conduct; or

(b) the loss of community confidence in the Police Service if the police officer were to continue as a police officer or at his or her rank.

      (2) If the Minister accepts the Commissioner's recommendation in respect of a commissioned police officer, the Minister is to recommend to the Governor that his or her appointment as a police officer be terminated or that the commissioned police officer be demoted, as appropriate.

      (3) The Governor, on receipt of the Minister's recommendation under subsection (2), may terminate the appointment of the commissioned police officer as a police officer or demote the commissioned police officer, as appropriate.

      (4) The Commissioner, by notice served on the commissioned police officer, must notify the commissioned police officer of the termination or demotion.

      (5) The Minister may recommend to the Governor that the appointment of the Commissioner as a police officer be terminated if satisfied that the Commissioner is not suitable to continue as Commissioner having regard to –

(a) the Commissioner's competence, integrity, performance or conduct; or

(b) the loss of community confidence in the Police Service if the Commissioner were to continue as Commissioner.

      (6) The Governor, on receipt of the Minister's recommendation under subsection (5), may terminate the appointment of the Commissioner as a police officer.

      (7) The Minister, by notice served on the Commissioner, must notify the Commissioner of the termination.

31. Termination or demotion of non-commissioned police officers

      (1) The Commissioner may terminate the appointment of a non-commissioned police officer or demote the non-commissioned police officer if the Commissioner does not have confidence in that police officer's suitability to continue as a police officer or at his or her rank having regard to –

(a) the police officer's competence, integrity, performance or conduct; or

(b) the loss of community confidence in the Police Service if the police officer were to continue as a police officer or at his or her rank.

      (2) The Commissioner, by notice served on the non-commissioned police officer, must notify the non-commissioned police officer of the termination or demotion.

31A. Police officer may make submission

      (1) Before –

(a) directing that a police officer's remuneration be reduced under section 29(4)(c); or

(b) demoting a non-commissioned police officer under section 29(4)(f); or

(c) making a recommendation under section 29(4)(g); or

(d) terminating the appointment of a non-commissioned police officer under section 29(4)(h); or

(e) making a recommendation under section 29(4)(i); or

(f) making a recommendation under section 30(1); or

(g) terminating the appointment of, or demoting, a non-commissioned police officer under section 31(1); or

(h) imposing a fine on a police officer under section 43(3)(c); or

(i) directing that a police officer's remuneration be reduced under section 43(3)(d); or

(j) demoting a non-commissioned police officer under section 43(3)(h); or

(k) terminating the appointment of a non-commissioned police officer under section 43(3)(i); or

(l) making a recommendation under section 43(3)(j) –

the Commissioner must –

(m) notify the relevant police officer of the Commissioner's intention to so act and his or her reasons for that intention; and

(n) provide the police officer with an opportunity to make a submission to the Commissioner, within the period (being not less than 14 days) specified in the notification, as to the reasons why the police officer believes the Commissioner should not so act.

      (2) If a police officer who is notified by the Commissioner under subsection (1)(m) wishes to make a submission to the Commissioner, he or she must make the submission within the period specified in the notification.

32. Effective date of termination or demotion

A termination of appointment or a demotion under this Division takes effect on service of the notice of termination or demotion.

Division 6 - General provisions

33. Probation

      (1) The appointment or promotion of a non-commissioned police officer is subject to any period of probation not exceeding 12 months as the Commissioner determines.

      (2) The appointment or promotion of a commissioned police officer is subject to any period of probation not exceeding 12 months as the Governor determines.

      (3) The period of probation may be extended as the Commissioner or Governor, as appropriate, determines.

      (4) At the end of a period of probation, the Commissioner or the Governor, as appropriate, may –

(a) confirm the appointment or promotion; or

(b) refuse to confirm the appointment or promotion.

      (5) A police officer whose promotion is not confirmed is taken to be demoted.

34. Acting in higher rank

      (1) The Commissioner may authorise a police officer to act in any higher rank than the one the police officer holds for any period the Commissioner determines.

      (2) A police officer acting in a higher rank is taken to be the holder of that rank.

35. Duties of police officers

      (1) A police officer is subject to the direction and control of the Commissioner.

      (2) A police officer –

(a) is responsible for the management and control of any part of the Police Service as the Commissioner determines; and

(b) must undertake the duties assigned to him or her; and

(c) must comply with any lawful direction or lawful order of a senior officer.

36. Oaths and affirmations

      (1) A person appointed as a special constable must take the oath specified in Part 1 of Schedule 1 or make the affirmation specified in Part 2 of Schedule 1 before acting as a special constable.

      (2) A person appointed, seconded or transferred to the Police Service as a police officer must take the oath specified in Part 3 of Schedule 1 or make the affirmation specified in Part 4 of Schedule 1 before acting as a police officer.

      (3) A person appointed as an ancillary constable must take the oath specified in Part 5 of Schedule 1 or make the affirmation specified in Part 6 of Schedule 1 before acting as an ancillary constable.

      (4) A person who is appointed as a police officer or a special constable and takes the appropriate oath or makes the appropriate affirmation in Part 1, 2, 3 or 4 of Schedule 1 is taken to have entered into an agreement to serve in the Police Service at any rank the person may hold until his or her appointment as a police officer or special constable is terminated or ceases.

      (5) An agreement referred to in subsection (4) is not void for want of consideration or reciprocity.

      (6) An oath or affirmation under this section is to be administered by –

(a) the Commissioner; or

(b) a commissioned police officer other than the Commissioner; or

(c) a justice of this State or of another State or a Territory.

      (7) However, a person referred to in subsection (6)(b) or (c) is not to administer an oath or affirmation under this section without the Commissioner's written approval if the person taking the oath or making the affirmation has been appointed to the Police Service from –

(a) a police force or police service of a foreign country or another State or a Territory or the Commonwealth; or

(b) any other body or organisation outside Tasmania.

      (8) For the avoidance of doubt, an oath or affirmation administered by a justice or commissioned police officer under this section before the commencement of the Police Service Amendment Act 2007 is taken to have been validly administered, and taken or made.

37. Reversion

      (1) A person whose appointment under an instrument of appointment as a police officer is not renewed at expiry and who was a police officer immediately before commencing that appointment may, subject to subsection (5) and unless the instrument of appointment provides otherwise, elect to be reappointed as a police officer at the rank held before the appointment.

      (2) An election is to be made –

(a) in writing to the Commissioner; and

(b) within 14 days after the expiry of the appointment.

      (3) If a person makes an election under subsection (1), the period of appointment as a police officer is taken to be continuous.

      (4) A police officer, at any time, may elect to revert to a rank that is lower than the rank the police officer currently holds subject to the approval of the Commissioner and any terms and conditions the Commissioner determines.

      (5) This section does not apply to a police officer whose instrument of appointment was entered into before the commencement of this Act and which does not specify a right to revert to another rank.

      (6) This section does not apply to special constables.

38. Stand-down

      (1) The Commissioner may stand down a police officer from duty for any reason and for any period not exceeding 7 days the Commissioner considers appropriate.

      (2) The Commissioner, by notice served on the police officer, must notify the police officer of the stand-down.

      (3) A stand-down takes effect on service of the notice.

      (4) The Commissioner may revoke a stand-down.

39. Effect of stand-down

A police officer who is stood down from duty –

(a) is to be paid his or her usual remuneration and allowances; and

(b) is not entitled to exercise any power, or perform any of his or her duties, during the period of being stood down; and

(c) is subject to any direction of the Commissioner.

40. Suspension

      (1) After a police officer has been stood down under section 38, the Commissioner may suspend the police officer from duty for any reason and for any period the Commissioner considers appropriate.

      (2) The Commissioner, by notice served on the police officer, must notify the police officer of the suspension.

      (3) A suspension takes effect on service of the notice.

      (4) The Commissioner may revoke a suspension.

41. Effect of suspension

A police officer who is suspended from duty –

(a) may be suspended with or without –

(i) his or her usual remuneration; or

(ii) his or her usual allowances; or

(iii) his or her usual remuneration and allowances; and

(b) is not entitled to exercise any power, or perform any of his or her duties, during that period of suspension; and

(c) is subject to any direction of the Commissioner.



CURRENT VIEW: 1 Jul 2010 - 1 Jul 2012
VIEW THE SESSIONAL VERSION