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Police Service Act 2003 (No. 75 of 2003)
Requested:  1 Sep 2014
Consolidated as at:  21 Feb 2012

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.



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