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

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.



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