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

PART 6 - Miscellaneous

83. Police powers

A police officer has the powers, privileges and duties of a constable at common law or under any other Act or law.

84. Protection from liability for police officers

      (1) A police officer does not incur any personal liability for any act or omission done or made in good faith in the exercise or performance, or purported exercise or performance, of any powers or duties at common law or under this or any other Act or law.

      (2) A liability that, but for subsection (1), would lie against a police officer, lies against the Crown.

85. 

86. Protection from liability for other persons

      (1) A person who, at the request and under the direction of a police officer, assists the police officer does not incur any personal liability for any act or omission done or made in good faith.

      (2) A liability that would, but for subsection (1), lie against a person assisting a police officer lies against the Crown.

87. Liability for lost or damaged equipment

      (1) A police officer or a person who has ceased to be a police officer who has lost or damaged any equipment issued to him or her –

(a) must report that loss or damage; and

(b) is liable for that loss or damage if unable to account satisfactorily to the Commissioner for that loss or damage.

      (2) If a liability arises under subsection (1), the Commissioner, by notice in writing, is to inform the police officer or person of –

(a) the costs to be paid in respect of the loss or damage; and

(b) the method of payment; and

(c) the period within which the payment must be made.

88. Application to trainees and junior constables

      (1) The following provisions apply to a trainee and a junior constable as if he or she were a non-commissioned police officer:

(a) sections 38, 39, 40 and 41;

(b) Part 3;

(c) Part 5, except sections 79, 80 and 82(4);

(d) this Part, except sections 83 and 95.

      (2) The following provisions apply to a trainee as if he or she were a non-commissioned police officer:

(a) section 57;

(b) Divisions 3 and 4 of Part 4 in relation to a fine imposed under section 43(3)(c), a reduction of remuneration under section 43(3)(d) or a termination of appointment under section 43(3)(i).

89. Industrial Relations Act 1984: application

      (1) The Industrial Relations Act 1984 applies in respect of non-commissioned police officers, other than special constables, and inspectors in relation to an industrial matter within the meaning of that Act except –

(a) any matter which is reviewable or has been determined by the Police Review Board; or

(b) any act or omission of the Commissioner in respect of a particular non-commissioned police officer or a particular inspector under –

(i) section 34; or

(ii) sections 38 and 40; or

(iii) Part 3; or

(c) any act or omission under Divisions 3 and 4 of Part 2.

      (2) The Industrial Relations Act 1984 applies in respect of trainees and junior constables in relation to an industrial matter within the meaning of that Act except –

(a) any matter which is reviewable or has been determined by the Police Review Board; or

(b) any act or omission of the Commissioner in respect of a particular trainee or a particular junior constable under –

(i) section 15; or

(ii) sections 38 and 40; or

(iii) Part 3.

90. Sale of goods

      (1) The Commissioner may authorise the sale or other disposal of any goods or chattels that –

(a) have come into the possession of a police officer in the course of his or her duties; and

(b) remain unclaimed for a period of at least 3 months or, in the case of perishable goods, 5 days by a person with a legal right to those goods or chattels; and

(c) are not capable of being sold or disposed of under any other Act.

      (2) Before authorising the sale or other disposal of any goods or chattels that are not perishable goods, the Commissioner must publish that intention in a newspaper.

      (3) A sale or other disposal under this section is valid against all persons and a claim does not lie for any compensation in relation to that sale or disposal.

      (4) The proceeds of any sale or other disposal are to be paid into the Consolidated Fund.

91. Additional leave

The Commissioner, in addition to any prescribed leave or leave specified in the Police Award or in an instrument of appointment, may grant leave for a specified period to a police officer, with or without pay, as follows:

(a) additional sick leave for ex-service persons;

(b) leave for defence purposes other than that required by Commonwealth law;

(c) leave due to injury sustained or illness contracted in the course of carrying out duties;

(d) leave for any other reason the Commissioner considers appropriate.

92. Powers and duties during leave

The Commissioner may direct that a police officer not exercise any power or perform any duty of a police officer during any period of leave.

93. Police Manual

      (1) The Commissioner must cause a document known as the Police Manual to be published.

      (2) The Police Manual is to contain –

(a) any orders, directions, procedures and instructions issued by the Commissioner as the Commissioner considers appropriate; and

(b) any other matter the Commissioner considers appropriate.

94. Police Gazette

      (1) The Commissioner must cause a document known as the Police Gazette to be published at any intervals the Commissioner determines.

      (2) The Police Gazette is to contain appointments, notices and any other matters the Commissioner considers appropriate.

95. Evidence of appointment or rank

      (1) The Commissioner may certify in writing that a specified person at a specified date or during a specified period –

(a) was or was not a police officer; or

(b) was or was not the holder of a specified rank.

      (2) A certificate under subsection (1) is evidence of the facts contained in it.

      (3) If a question arises as to a person's identity as a police officer, or to a person's entitlement to exercise the powers or to perform the duties of a police officer –

(a) the general reputation of the person who is a police officer as being a police officer is evidence of that identity and entitlement; and

(b) the absence of, or failure to produce, any written evidence to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by the person who is a police officer.

96. Fee for services

      (1) The Commissioner may arrange for a copy of any document or information relating to the Police Service to be provided to a person on request and payment of any fee the Commissioner considers appropriate.

      (2) The Commissioner may determine –

(a) whether a fee is required for any service provided by a police officer; and

(b) the amount of that fee.

      (3) The Commissioner may recover an amount payable under this section as a debt in a court of competent jurisdiction.

      (4) This section does not apply to a service in respect of which payment of a fee is prescribed under any other Act.

97. Police Pipe Band

      (1) There is established a Police Pipe Band consisting of –

(a) police officers; and

(b) any other persons the Commissioner determines.

      (2) The Commissioner may determine the ceremonial or other functions of the Police Pipe Band.

      (3) A member of the Police Pipe Band who is not a police officer may wear a police uniform while performing ceremonial or other functions of the Police Pipe Band.

98. Regulations

      (1) The Governor may make regulations for the purposes of this Act.

      (2) Regulations may be made in respect of –

(a) sick leave; and

(b) the establishment and operation of a sick leave bank scheme; and

(c) recreation leave.

      (3) Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.

      (4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Commissioner.

      (5) The regulations may be of a savings or transitional nature consequent on the enactment of this Act.

      (6) Regulations under subsection (5) may take effect from the commencement of this Act or on a later day.

99. Savings and transitional provisions

The savings and transitional provisions set out in Schedule 3 have effect.

100. Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Police and Public Safety; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Police and Public Safety.

101. Police Regulation Act 1898 repealed

The Police Regulation Act 1898 is repealed and any Statutory Rules made under that Act are rescinded or revoked.



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