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Police Service Act 2003 (No. 75 of 2003)
Requested:  27 Nov 2014
Consolidated as at:  21 Feb 2012

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.



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