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

PART 3 - Conduct

Division 1 - Code of conduct

42. Code of conduct

      (1) A police officer must behave honestly and with integrity in the course of his or her duties in the Police Service.

      (2) A police officer must act with care and diligence in the course of his or her duties in the Police Service.

      (3) A police officer must comply with –

(a) all orders in the Police Manual; and

(b) any lawful direction or lawful order given by a senior officer.

      (4) A police officer must maintain appropriate confidentiality about any dealing made and information gained in the course of his or her duties in the Police Service.

      (5) A police officer must disclose, and take reasonable steps to avoid, any conflict of interest in connection with his or her duties in the Police Service.

      (6) A police officer must use the resources of the Police Service in a proper manner.

      (7) A police officer, in connection with his or her duties in the Police Service, must not –

(a) knowingly provide false or misleading information; or

(b) omit to provide any matter knowing that without that matter the information is misleading.

      (8) A police officer must not make improper use of –

(a) information gained in the course of his or her duties in the Police Service; or

(b) the duties, status, power or authority of the police officer –

in order to gain, or seek to gain, a gift, benefit or advantage for the police officer or for any other person.

      (9) A police officer must not access any information to which the police officer is not entitled to have access.

      (10) A police officer must not destroy, damage, alter or erase any official document, record or entry without the approval of the Commissioner.

      (11) A police officer must not, at any time, conduct himself or herself or act in a manner that is likely –

(a) to be prejudicial to the Police Service; or

(b) to bring discredit on the Police Service.

      (12) A police officer must not victimise or discriminate against another police officer because that other police officer has reported a breach of a provision of the code of conduct.

      (13) A police officer must comply with any other prescribed conduct requirement.

43. Actions in relation to breaches of code of conduct

      (1) The Commissioner must establish procedures for the investigation into any alleged breach of a provision of the code of conduct by a police officer.

      (2) After considering the results of an investigation, the Commissioner must determine whether or not the police officer has breached a provision of the code of conduct.

      (3) If the Commissioner determines that a police officer has breached a provision of the code of conduct, the Commissioner may take one or more of the following actions in relation to the police officer:

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

(b) reprimand the police officer;

(c) impose a fine not exceeding 20 penalty units;

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

(e) reassign the duties of the police officer;

(f) transfer the police officer;

(g) in the case of a non-commissioned police officer, place that police officer on probation for any specified period the Commissioner considers appropriate;

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

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

(j) in the case of a commissioned police officer, recommend to the Minister that the appointment of the police officer be terminated or that the police officer be demoted or placed on probation for any specified period the Commissioner considers appropriate.

(k) .  .  .  .  .  .  .  .  

      (4) If the Minister accepts a recommendation of the Commissioner made under subsection (3)(j), the Minister is to recommend to the Governor according to that recommendation.

      (5) The Governor, on receipt of the Minister's recommendation, may act according to that recommendation.

      (6) The Commissioner may determine that a fine be paid –

(a) within a specified period; or

(b) in such instalments as the Commissioner specifies.

      (7) If there is no determination under subsection (6), a fine is to be paid within 14 days after service of a notice under subsection (9).

      (8) If a police officer fails to pay a fine or any instalment of a fine as required, the Commissioner may –

(a) direct that an amount equal to the fine or instalment be deducted from the remuneration payable to the police officer in full or in any specified instalments; or

(b) recover that amount as a debt due to the Police Service in a court of competent jurisdiction.

      (9) The Commissioner, by notice served on the police officer, must notify the police officer of any action taken under this section.

      (10) A termination of appointment or demotion under this section takes effect on service of the notice under subsection (9).

Division 2 - Complaints

44. Making complaints

      (1) Any person may make a complaint about –

(a) the conduct, on or off duty, of a police officer; or

(b) the conduct, on or off duty, of a person who was a police officer at the time the conduct occurred.

      (2) A complaint –

(a) must be made in writing or in a manner approved by the Commissioner; and

(b) must be made within 6 months after the conduct became known to the complainant; and

(c) must contain details of the conduct; and

(d) does not need to identify the complainant.

      (3) The Commissioner –

(a) may accept a complaint that is not made as specified in subsection (2)(a) if satisfied that special circumstances exist; and

(b) if accepting the complaint, is to record the complaint in writing.

      (4) The Commissioner may accept a complaint that is made outside the period referred to in subsection (2)(b) if satisfied that there are special circumstances.

45. Registration of complaints

      (1) On receipt of a complaint, the Commissioner must enter the details of the complaint in a register of complaints.

      (2) The register of complaints is to be in a form approved by the Commissioner.

46. Investigating complaints

      (1) As soon as practicable after receiving a complaint, the Commissioner must determine whether to –

(a) investigate the complaint; or

(b) dismiss the complaint without an investigation.

      (2) In determining whether to dismiss the complaint without an investigation, the Commissioner may take into account the following:

(a) what action has been or is to be taken to remedy the subject matter of the complaint;

(b) whether the complaint is frivolous, vexatious or not made in good faith;

(c) whether the subject matter of the complaint is trivial;

(d) whether the subject matter of the complaint is able to be resolved by conciliation;

(e) whether there was or is an alternative and satisfactory means of redress available to the complainant;

(f) whether the subject matter of the complaint is being, is to be, or has been, dealt with in other proceedings;

(g) any other matter the Commissioner considers appropriate.

      (3) The Commissioner may –

(a) direct any police officer to –

(i) assist in the investigation of a complaint; and

(ii) provide any information or document or answer any question for the purpose of the investigation; and

(b) conduct the investigation in any manner the Commissioner considers appropriate.

47. Determination of complaints

      (1) At any time during an investigation of a complaint, the Commissioner may resolve the complaint by conciliation.

      (2) On completion of an investigation of a complaint, the Commissioner may determine to take any action under section 43(3) if satisfied that a breach of a provision of the code of conduct has occurred.

      (3) The Commissioner, by notice in writing, is to notify the determination to –

(a) the complainant if the complainant is identifiable; and

(b) the police officer who is the subject of the complaint if the police officer is informed of the complaint.

      (4) A termination of appointment or demotion as a result of action taken under section 43(3) takes effect on service of the notice under section 43(9).

Division 3 - Integrity tests and financial statements

48. Integrity tests

      (1) The Commissioner may conduct, or require an authorised person to conduct, a test of the integrity of a police officer if there are reasonable grounds to suspect that the police officer has engaged in, or is engaging in, or is likely to engage in, conduct that –

(a) may constitute an indictable offence or any other offence punishable by imprisonment; or

(b) is corrupt or seriously unethical.

      (2) An integrity test may only involve an act or omission that, but for subsection (3), would be unlawful if –

(a) it is reasonably necessary for the conduct of the integrity test; and

(b) it is authorised by a magistrate.

      (3) Despite any other Act or law to the contrary and subject to subsection (2), any act done or omission made in conducting an integrity test is lawful.

      (4) The Commissioner may issue a certificate stating that on a specified date or during a specified period a specified person was authorised to conduct or participate in an integrity test involving a specified act or specified omission.

      (5) An authorisation under subsection (2) or a certificate issued under subsection (4) –

(a) is admissible in any legal proceedings; and

(b) is evidence of the matters specified in the authorisation or certificate.

49. Financial statements

      (1) The Commissioner may require a police officer to provide a financial statement if there are reasonable grounds to suspect that the police officer has engaged in, or is engaging in, or is likely to engage in, conduct that –

(a) may constitute an indictable offence or any other offence punishable by imprisonment; or

(b) is corrupt or seriously unethical.

      (2) The Commissioner –

(a) for the purpose of allocating duties may require a police officer to provide a financial statement; and

(b) is to cause to be published in the Police Manual a list of duties to which this subsection applies.

      (3) A financial statement is to include details of –

(a) assets and liabilities; and

(b) income and expenditure.

      (4) The Commissioner is to ensure that a financial statement provided under subsection (1) or (2) –

(a) is only used for the purposes of this Act; and

(b) is kept confidential, secure and in accordance with directions issued by the Commissioner.

Division 4 - Alcohol and drugs

50. Testing for alcohol and drugs

      (1) The Commissioner or an authorised person, whether or not there is any suspicion that a police officer has recently consumed any alcohol or taken any drug, may require the police officer while on duty, reporting for duty, on standby or on availability to do any or all of the following:

(a) undergo a breath test or submit to a breath analysis for testing for the presence of any alcohol or drug;

(b) provide a sample of urine or saliva for testing for the presence of any alcohol or drug;

(c) with the consent of the police officer, permit a blood sample to be taken by a qualified person for testing for the presence of any alcohol or drug.

      (2) If an incident involving a police officer while discharging the duties of a police officer occurs in which a person is killed or seriously injured, the Commissioner or an authorised person may require any police officer involved in the incident to –

(a) undergo a breath test or submit to a breath analysis for testing for the presence of any alcohol or drug; or

(b) provide a sample of urine or saliva for testing for the presence of any alcohol or drug; or

(c) with the consent of the police officer, permit a sample of blood to be taken by a qualified person for testing for the presence of any alcohol or drug.

      (3) If a police officer attends, or is admitted to, a hospital for examination or treatment because of an incident referred to in subsection (2), the Commissioner or an authorised person may require a sample of blood from the police officer to be taken by a qualified person at the hospital if the police officer –

(a) is unable to undergo a breath test or submit to a breath analysis; or

(b) is unable to provide a sample of urine or saliva; or

(c) is unable to consent to the taking of a sample of blood.

      (4) The taking of a sample of urine or saliva from a police officer under subsection (1) or (2) is to be carried out –

(a) by an authorised person; and

(b) in accordance with any directions issued by the Commissioner.

      (5) The taking of a sample of blood is to be carried out in accordance with any directions issued by the Commissioner.

      (6) A sample of urine, saliva or blood taken from a police officer under this section is to be divided into 3 approximately equal parts with one part to be analysed, one part to be the control sample and one part to be provided to the police officer if requested.

      (7) The Commissioner or the police officer from whom a sample is taken may request that the control sample be analysed.

      (8) Any sample taken or provided under this section may only be used for the purpose for which it was taken or provided.

      (9) A certificate relating to the analysis of a sample provided under this section is evidence of the facts contained in that certificate.

51. Directions

      (1) The Commissioner may issue directions to police officers relating to the following:

(a) the consumption, and presence in the body, of alcohol or drugs while on duty, reporting for duty, on standby or on availability;

(b) the consequences of a positive test for alcohol or drugs;

(c) the follow-up testing of a police officer who has tested positive for alcohol or drugs;

(d) the procedures for rehabilitation;

(e) any other matter the Commissioner considers appropriate.

      (2) The Commissioner must issue directions to police officers relating to –

(a) the confidentiality of –

(i) any test or sample taken or given under section 50; and

(ii) any certificate relating to the analysis of a sample; and

(b) the security and safekeeping of samples taken or given under section 50.

52. Part applies to Commissioner

This Part applies to the Commissioner as a police officer and any reference in this Part to the Commissioner is taken to be a reference to the Minister in its application to the Commissioner.



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