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Police Service Act 2003 (No. 75 of 2003)
Requested:  29 Jul 2014
Consolidated as at:  21 Feb 2012

PART 4 - Reviews

Division 1 - Police Review Board

53. Establishment of Police Review Board

      (1) There is established a Police Review Board.

      (2) The Police Review Board consists of 5 members with the appropriate skills and experience appointed by the Minister after consultation with the Commissioner and the Police Association of Tasmania.

      (3) The Minister is to appoint one of the members as chairperson.

      (4) Schedule 2 has effect in respect of membership of the Police Review Board.

54. General functions and powers of Police Review Board

      (1) The Police Review Board must determine applications for review in respect of –

(a) promotions, demotions and terminations under this Act; and

(b) other matters specified in section 60.

      (2) The Police Review Board has power to do anything necessary or convenient to perform its functions.

Division 2 - Reviews relating to promotions

55. Application for review relating to promotion

      (1) A non-commissioned police officer, other than a special constable, may apply to the Police Review Board for a review of a decision relating to a promotion to a rank of or below the rank of inspector if the police officer applied for that rank and is qualified for promotion to that rank.

      (2) An application for a review under subsection (1) may be made on either or both of the following grounds:

(a) that the applicant is of superior merit to the person to be promoted;

(b) that there was an irregularity in the procedures relating to the process that affected the decision.

      (3) An application for a review under subsection (1) must be –

(a) made in writing stating the grounds on which it is made; and

(b) lodged with the Police Review Board within 14 days of publication of the notice under section 19.

56. Constitution of Police Review Board for review relating to promotion

      (1) Within 14 days after receipt of an application for a review relating to a promotion, the chairperson is to determine the constitution of the Police Review Board relating to that review.

      (2) The Police Review Board constituted under subsection (1) is to include the chairperson and at least 2 other members of the Police Review Board.

57. Attendance at review relating to promotion

The Commissioner must make available to the Police Review Board any one or more of the following persons:

(a) the chairperson of the Promotion Selection Committee involved in the promotion or, subject to the approval of the Police Review Board, a member or members of the relevant Promotion Selection Committee;

(b) the person to be promoted;

(c) the person applying for the review;

(d) any police officer required or summoned to attend the review.

58. Determination relating to promotion to rank below inspector

      (1) After conducting a review relating to a promotion below the rank of inspector under section 55(2)(a), the Police Review Board may –

(a) confirm the promotion; or

(b) direct that the applicant for the review be promoted.

      (2) After conducting a review relating to a promotion below the rank of inspector under section 55(2)(b), the Police Review Board, if it determines that there was an irregularity in the procedures relating to the process that affected the decision, must refer the matter to the Commissioner for reconsideration as the Police Review Board specifies.

      (3) If the Police Review Board refers a matter to the Commissioner under subsection (2), the Commissioner, by notice in writing, must notify the action taken as a result of the referral to –

(a) the person originally intended to be promoted; and

(b) the applicant for the review; and

(c) the Police Review Board.

      (4) The determination of the Police Review Board is final.

59. Determination relating to promotion to rank of inspector

      (1) After conducting a review relating to a promotion to the rank of inspector under section 55(2)(a), the Police Review Board may –

(a) confirm the promotion; or

(b) direct the Commissioner to recommend to the Minister that the applicant be promoted to the rank of inspector in accordance with section 11.

      (2) On receipt of the Commissioner's recommendation, the Minister is to recommend to the Governor according to that recommendation.

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

      (4) After conducting a review relating to a promotion to the rank of inspector under section 55(2)(b), the Police Review Board, if it determines that there was an irregularity in the procedures relating to the process that affected the decision, must refer the matter to the Commissioner for reconsideration as the Police Review Board specifies.

      (5) If the Police Review Board refers a matter to the Commissioner under subsection (4), the Commissioner, by notice in writing, must notify the action taken as a result of the referral to –

(a) the person originally intended to be promoted; and

(b) the applicant for the review; and

(c) the Police Review Board.

      (6) The determination of the Police Review Board is final.

Division 3 - Reviews relating to disciplinary matters, &c.

60. Application for review relating to disciplinary matters, &c.

      (1) A police officer of or below the rank of inspector, other than a special constable, (in this Division referred to as "the applicant") may apply to the Police Review Board for a review if he or she is aggrieved by any decision, determination, order or recommendation made by the Commissioner in respect of –

(a) any demotion or reduction in remuneration of the police officer; or

(b) the termination of the appointment of the police officer; or

(c) the imposition by the Commissioner on the police officer of any fine or the forfeiture by the police officer of all or any of his or her remuneration; or

(d) a suspension of remuneration or allowances, or remuneration and allowances, under section 41(a); or

(e) the payment of costs under section 87.

      (2) An application for review under subsection (1) must be –

(a) made in writing stating the grounds on which it is made; and

(b) lodged with the Police Review Board within 30 days after the applicant has received notification of the decision, determination, order or recommendation in respect of which the review is sought.

      (3) In hearing and determining an application for review under this Division, the Police Review Board is to have regard at all times to the public interest and community confidence in the Police Service and to the Commissioner's responsibilities as set out in section 7.

      (4) The applicant must provide the Commissioner with a copy of the application within 3 days after lodging the application.

      (5) The Police Review Board may extend the period referred to in subsection (2)(b) if satisfied that exceptional circumstances exist.

      (6) The applicant may withdraw an application for a review.

63. 

64. 

Division 4 - General provisions

61. Date, time and place of hearing of review

      (1) On receipt by the Police Review Board of an application for review under this Part, the chairperson of the Police Review Board is to fix a date, time and place for the hearing of the application and is to notify the applicant and the Commissioner of that date, time and place.

      (2) The date fixed for the hearing of an application for review must not be earlier than 14 days after the application is received by the Police Review Board.

62. Constitution of Police Review Board for review relating to termination or demotion

      (1) Within 14 days after receipt by the Police Review Board of an application for a review relating to termination or demotion, the chairperson of the Police Review Board is to determine the constitution of the Police Review Board for the hearing and determination of that application.

      (2) The Police Review Board constituted under subsection (1) is to include the chairperson and at least 2 other members of the Police Review Board.

65. 

66. 

67. 

68. 

69. 

70. Attendance by persons

      (1) The Police Review Board may require or summon a person to attend a review.

      (2) The applicant for a review or the Commissioner may request the Police Review Board to require or summon a person to attend a review.

      (3) A summons must be made by notice in writing served on a person requiring that person to attend to do any one or more of the following:

(a) give evidence;

(b) produce documents;

(c) produce records.

      (4) The summons must specify the following:

(a) the name of the person on whom it is to be served;

(b) the time and place at which the person is required to attend;

(c) any document or record the Police Review Board requires the person to produce;

(d) any other matter the Police Review Board determines.

      (5) The Police Review Board may direct a person required to attend a review to do any one or more of the following:

(a) give evidence;

(b) produce documents;

(c) produce records.

      (6) A person summoned or required to attend must not –

(a) without reasonable excuse, fail to attend the proceedings; or

(b) refuse to answer any question put by the Police Review Board; or

(c) give an answer that to his or her knowledge is false or misleading; or

(d) without reasonable excuse, fail to produce any document or record specified in the notice or as required.

Penalty:

Fine not exceeding 20 penalty units.

      (7) Any evidence given under this section is not admissible in any legal proceedings other than proceedings under this Act.

      (8) The Commissioner must make available to the Police Review Board any one or more of the following persons:

(a) the applicant for the review;

(b) any police officer required or summoned to attend the review.

71. Representation

      (1) In a review relating to the termination of appointment or demotion, the applicant may be represented by a legal practitioner.

      (2) In a review relating to a reduction of remuneration, the applicant –

(a) may be represented by a legal practitioner if the reduction is the equivalent of 10 penalty units or more; or

(b) may be represented by a person other than a legal practitioner if the reduction is less than the equivalent of 10 penalty units.

      (3) In a review relating to a suspension of remuneration or allowances, the applicant –

(a) may be represented by a legal practitioner if the remuneration or allowances suspended are the equivalent of 10 penalty units or more; or

(b) may be represented by a person other than a legal practitioner if the remuneration or allowances suspended are less than the equivalent of 10 penalty units.

      (4) In a review relating to a fine, the applicant –

(a) may be represented by a legal practitioner if the fine is 10 penalty units or more; or

(b) may be represented by a person other than a legal practitioner if the fine is less than 10 penalty units.

      (5) In a review relating to the requirement to pay the cost relating to the loss or damage to equipment, the applicant –

(a) may be represented by a legal practitioner if the cost is the equivalent of 10 penalty units or more; or

(b) may be represented by a person other than a legal practitioner if the cost is less than the equivalent of 10 penalty units.

72. Attendance by Commissioner

      (1) The Commissioner or a person authorised by the Commissioner is to attend any proceedings relating to a review under this Part.

      (2) If a police officer is not entitled to be represented by a legal practitioner at the review, the Commissioner must not authorise a legal practitioner under subsection (1) to attend proceedings relating to that review.

73. Remuneration and allowances

      (1) The applicant for a review and any other police officer required or summoned to attend before the Police Review Board are entitled to be paid as specified in the Police Award or in the instrument of appointment.

      (2) A person who is not a police officer and who is required or summoned to attend before the Police Review Board is entitled to be paid any reasonable allowances, expenses and remuneration as the Police Review Board determines.

74. Documents

      (1) The Police Review Board may require –

(a) the applicant to lodge further documents or records within a specified period after the application is lodged; or

(b) any other person to lodge any documents or records within a specified period.

      (2) An application lapses if the applicant fails to comply with a requirement under subsection (1)(a).

      (3) The Police Review Board may extend the period in which documents or records are required to be lodged under subsection (1) if satisfied that exceptional circumstances exist.

75. Conduct of review

      (1) The rules of evidence do not apply to a review and the Police Review Board may be informed on any matter in any way it considers appropriate.

      (2) The Police Review Board, by notice in writing, must notify its determination to –

(a) for a review relating to a promotion, the person originally intended to be promoted; and

(b) the applicant for the review; and

(c) the Commissioner.

75A. Hearing of applications for review

      (1) On the hearing of an application for review, a witness is only to be examined or cross-examined if the Police Review Board is satisfied that it is necessary to do so.

      (2) On determining an application for review under Division 3, the Police Review Board may uphold the application for review in whole or in part, or may dismiss the application, and may make such orders as it considers necessary or desirable for the purpose of giving effect to its decision.

      (3) Without limiting subsection (2), on the determination of an application for review under Division 3, the Police Review Board may make any one or more of the following orders:

(a) an order that the rank or rate of remuneration to which the applicant was reduced by the Commissioner be a higher or lower rank or rate of remuneration than that to which the applicant was so reduced;

(b) an order that the amount of any fine imposed on the applicant by the Commissioner be increased or reduced;

(c) an order that the amount of the remuneration that the Commissioner directed should be forfeited by the applicant be increased or reduced.

      (4) Subject to section 75B, the decision of the Police Review Board upon the determination of an application for review under this Division is final and the Commissioner is to give effect to that decision accordingly.

      (5) If a person is reinstated or reappointed as a police officer, or reinstated or reappointed to a rank, the person is taken to have continued in service as a police officer, or at that rank, during the period of demotion, suspension or termination.

      (6) When determining an issue of remuneration in relation to an application for review, the Police Review Board is to take into account any employment undertaken and income received by the applicant during his or her period of suspension or termination, including any income derived from outside the Police Service.

75B. Appeal from decision of Police Review Board on point of law

      (1) The applicant or the Commissioner may appeal a decision of the Police Review Board made in relation to an application for review under section 60 to a judge of the Supreme Court, sitting in chambers, only on a point of law and that judge has jurisdiction to hear and determine any such appeal.

      (2) On deciding an appeal under subsection (1), a judge may make such orders as he or she considers necessary or desirable for the purpose of giving effect to his or her decision.

      (3) The Commissioner is to give effect to any decision or order of the Supreme Court made on the hearing of an appeal under subsection (1).

75C. Provision and consideration of new material

      (1) If a police officer, in respect of whom a recommendation is made under section 30 or an action or determination is taken or made under section 31 or section 43(3) –

(a) lodges an application for review; and

(b) subsequently becomes aware of new material relevant to the Commissioner's recommencation, action or determination before the matter is finalised by the Police Review Board; and

(c) intends to rely on that material –

the officer is to submit that material to the Commissioner.

      (2) If the Commissioner intends to rely on material in addition to that already supplied by or to the police officer referred to in subsection (1), the Commissioner, subject to the requirements of any other relevant legislation, is to provide that material to the police officer –

(a) not less than 7 days before the review; or

(b) if the material is not available within that period, as soon as practicable after the material becomes available.

      (3) The Commissioner must consider any new material submitted to him or her under subsection (1) within 7 days after its submission, unless of the opinion that the new material should be considered by the Police Review Board.

      (4) The Commissioner or the applicant may apply to the Police Review Board for a matter to be deferred for a reasonable period to allow for any new material to be considered.

75D. Procedure on reviews

Subject to this Act, the procedure on the making, hearing and determination of applications for review under this Division is to be as prescribed or, in the absence of regulations in that behalf, as the Police Review Board may determine.

76. Proceedings closed to public

Any proceedings of the Police Review Board in the conduct of a review under this Part are closed to the public unless the Police Review Board determines that it is in the public interest to open the proceedings to the public.



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