"non-commissioned police officer"


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Police Act 1990
As at 25 September 2017
Police Service Act 1990
Does not include amendments by:

Government Sector Employment Legislation Amendment Act 2016 No 2 (not commenced -- to commence on 31.10.2017)
Law Enforcement Conduct Commission Act 2016 No 61, Sch 5.1 [8], [9] and [16] (the amendments have commenced but are to amend secs 34 and 81B as inserted by Sch 3 [18] and [28] to the Government Sector Employment Legislation Amendment Act 2016 No 2 but those amendments have not yet commenced)
Reprint history:

Reprint No 1
3 February 1993
Reprint No 2
24 January 1994
Reprint No 3
10 February 1995
Reprint No 4
2 January 1997
Reprint No 5
4 May 1999
Reprint No 6
2 April 2002
Reprint No 7
27 January 2004
Reprint No 8
27 February 2007
Reprint No 9
15 September 2009
Long Title

An Act to establish the NSW Police Force, to provide for the management of the NSW Police Force and for the employment of its members of staff; and for other purposes.
Part 1 – Preliminary
1 Name of Act

This Act is the Police Act 1990.
2 Commencement

This Act commences on a day or days to be appointed by proclamation.
3 Definitions

(1) In this Act:"administrative officer" means a member of the NSW Police Force other than a police officer or a temporary employee."Assistant Commissioner" means a member of the NSW Police Force whose position is determined by the Minister under Division 2 of Part 5 as that of an Assistant Commissioner."commissioned police officer" means a police officer of or above the rank of inspector."Commissioner" means the Commissioner of Police."Deputy Commissioner" means a member of the NSW Police Force whose position is determined by the Minister under Division 2 of Part 5 as that of a Deputy Commissioner."LECC" means the Law Enforcement Conduct Commission constituted under the Law Enforcement Conduct Commission Act 2016."LECC Chief Commissioner" means the Chief Commissioner of the Law Enforcement Conduct Commission."merit", in relation to a decision of the Commissioner to appoint or recommend for appointment a person to a position in the NSW Police Force or rank or grade within a rank of police officer, means:

(a) the possession by the person of qualifications determined in respect of the position or rank or grade by the Commissioner, and

(b) the aptitude of the person for the discharge of the duties of the position or rank or grade, and

(c) the integrity, diligence and good conduct of the person.

"non-commissioned police officer" means a police officer under the rank of inspector."non-executive administrative officer" --see Part 6A."non-executive police officer" --see Part 6."NSW Police Force" means the NSW Police Force established by this Act."NSW Police Force Senior Executive Service" means the NSW Police Force Senior Executive Service established by this Act."police education course" means a course of education determined by the Commissioner to be a police education course for the purposes of one or more provisions of this Act or the regulations."police officer" means a member of the NSW Police Force holding a position which is designated under this Act as a position to be held by a police officer."promotion list" means a list prepared under section 70."recognised law enforcement officer" means a person appointed as a recognised law enforcement officer under Part 10B whose appointment is in force."student of policing" means a person (other than a police officer) who is undergoing a police education course."temporary employee" means a person temporarily employed in the NSW Police Force under Part 7. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes in the text of this Act do not form part of the Act.

(4) In this Act, a reference to a Presiding Officer of a House of Parliament is a reference to the President of the Legislative Council or the Speaker of the Legislative Assembly.

(5) If there is a vacancy in the office of President, the reference to the President is taken to be a reference to the Clerk of the Legislative Council.

(6) If there is a vacancy in the office of Speaker, the reference to the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.

Part 2 – NSW Police Force
4 Establishment of NSW Police Force

The NSW Police Force is established by this Act.
5 Composition of NSW Police Force

The NSW Police Force comprises the following members:
(a) the Commissioner,

(b) members of the NSW Police Force Senior Executive Service,

(c) all other police officers and administrative officers employed under this Act,

(d) temporary employees.

6 Mission and functions of NSW Police Force

(1) The mission of the NSW Police Force is to work with the community to reduce violence, crime and fear.

(2) The NSW Police Force has the following functions:

(a) to provide police services for New South Wales,

(b) to exercise any other function conferred on it by or under this or any other Act,

(c) to do anything necessary for, or incidental to, the exercise of its functions.

(3) In this section:"police services" includes:

(a) services by way of prevention and detection of crime, and

(b) the protection of persons from injury or death, and property from damage, whether arising from criminal acts or in any other way, and

(c) the provision of essential services in emergencies, and

(d) any other service prescribed by the regulations.

(4) A reference in this section to the functions of the NSW Police Force includes a reference to the functions of members of the NSW Police Force.

(5) The provision of police services in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989 and to the Essential Services Act 1988.

(6) Nothing in this section confers on the NSW Police Force a power to provide a police service in a way that is inconsistent with any provisions applicable to police officers under the Law Enforcement (Powers and Responsibilities) Act 2002.

6A Functions under Law Enforcement Conduct Commission Act 2016

(1) The NSW Police Force has the functions of working collaboratively (so far as practicable) with LECC with respect to the education of police officers and administrative employees about police and administrative employee misconduct, officer maladministration and agency maladministration and the support and promotion of initiatives of the NSW Police Force directed at the prevention and elimination of such misconduct and maladministration.

(2) An expression used in this section which is defined in the Law Enforcement Conduct Commission Act 2016 has the meaning it has in that Act.

7 Statement of values of members of NSW Police Force

Each member of the NSW Police Force is to act in a manner which:
(a) places integrity above all,

(b) upholds the rule of law,

(c) preserves the rights and freedoms of individuals,

(d) seeks to improve the quality of life by community involvement in policing,

(e) strives for citizen and police personal satisfaction,

(f) capitalises on the wealth of human resources,

(g) makes efficient and economical use of public resources, and

(h) ensures that authority is exercised responsibly.

8 Commissioner to manage and control NSW Police Force

(1) The Commissioner is, subject to the direction of the Minister, responsible for the management and control of the NSW Police Force.

(2) The responsibility of the Commissioner includes the effective, efficient and economical management of the functions and activities of the NSW Police Force.

(3) The Commissioner may classify the various duties that members of the NSW Police Force are required to perform and allocate the duties to be carried out by each such member.

(4) The Commissioner may issue (and from time to time amend or revoke) instructions to members of the NSW Police Force with respect to the management and control of the NSW Police Force.

(4A) The Commissioner (on behalf of the Crown) may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the functions of the NSW Police Force.

(5) This section is subject to the other provisions of this Act and the regulations.

9 (Repealed)

10 Positions in NSW Police Force

(1) In addition to the position of Commissioner, the positions in the NSW Police Force consist of such positions as the Commissioner may determine in accordance with this Act.

(2) The Commissioner:

(a) may create, abolish or otherwise deal with any position in the NSW Police Force, and

(b) must classify and grade each such position.

(3) (Repealed)

(4) Police officers of the rank of constable (or such of those police officers as the Commissioner determines) are to be appointed to that rank or to a grade within that rank, and hold a position (but not a separate position) in the NSW Police Force.

(5) Temporary employees are members of, but do not hold positions in, the NSW Police Force.

(6) The Commissioner may establish, or abolish, or change the name of, any branch or other part of the NSW Police Force (other than the NSW Police Force Senior Executive Service).

11 Designation of police officers

(1) The Commissioner is required to designate the positions in the NSW Police Force which are to be held by police officers.

(2) A position in the NSW Police Force is to be so designated if the Commissioner is satisfied that the holder will be required to carry out, or will be concerned in, operational police duties or that it is otherwise appropriate to do so.

(3) The Commissioner may not designate such a position while it is being held by an administrative officer or remove the designation of such a position while it is being held by a police officer.

(4) The Commissioner is a police officer.

(5) A temporary employee is not eligible to be a police officer.

12 Ranks and grades of police officers

(1) The ranks of police officers within the NSW Police Force are (in descending order) as follows:

(a) Commissioner.

(b) Member of the NSW Police Force Senior Executive Service.

(c) Superintendent (other than a member of the NSW Police Force Senior Executive Service).

(d) Inspector.

(e) Sergeant.

(f) Constable.

(2) The Commissioner, with the approval of the Minister, may specify different ranks for police officers within the NSW Police Force Senior Executive Service.

(3) The regulations may specify grades within the ranks of superintendent, inspector, sergeant and constable.

13 Oath to be taken by persons exercising police functions

(1) Before a person exercises any of the functions of a police officer, the person must take the oath or make the affirmation of office as a police officer in accordance with the regulations.

(2) A police officer is not required to take a further oath or make a further affirmation after a change in the officer's position in the NSW Police Force, so long as the officer remains in the NSW Police Force.

(3) An oath or affirmation under this section is to be administered by or made before the Commissioner or any other person authorised to administer an official oath under the Oaths Act 1900.

14 Additional functions of police officers

(1) In addition to any other functions, a police officer has the functions conferred or imposed on a constable by or under any law (including the common law) of the State.

(2) Nothing in this section confers on a police officer a power to exercise a function in a way that is inconsistent with any provisions applicable to police officers under the Law Enforcement (Powers and Responsibilities) Act 2002.

Part 3 – (Repealed)
Part 4 – The Commissioner of Police
24 Appointment of Commissioner

(1) The Commissioner of Police is to be appointed by the Governor on the recommendation of the Minister.

(2) It does not matter whether the person appointed is or is not already a member of the NSW Police Force.

(3) In particular, it does not matter whether the person appointed is or is not a police officer at the time of appointment.

(4) If it is proposed to make an appointment to the office of Commissioner, the Minister is required to invite applications for appointment to that office.

(5) However, the Minister is not required to invite applications for appointment if the Minister proposes to recommend the re-appointment of the person currently holding office as Commissioner.

(6) It is the duty of the Minister, before recommending the appointment of a person to the office of Commissioner:

(a) to make inquiries (from the LECC, and the Commander, Professional Standards Command, and from any other person or body the Minister considers appropriate) as to the person's integrity, and

(b) to have regard to any information that comes to the Minister's attention (whether as a result of inquiries under paragraph (a) or otherwise) as to the person's integrity.

(7) The LECC, subject to the Law Enforcement Conduct Commission Act 2016, and the Commander, Professional Standards Command, are required to furnish a report to the Minister (on the basis of the information available to the Commission or the Commander and without the need for any special investigation or inquiry) on the person the subject of an inquiry referred to in subsection (6) (a).

(8) The Minister must, before recommending the appointment of a person to the office of Commissioner:

(a) require the person to provide a statutory declaration, in such form (if any) as may be prescribed by the regulations, that the person has not knowingly engaged in specified misconduct or any other misconduct, and

(b) have regard to the statutory declaration so provided.

(9) A person who fails or refuses, or who is unable, to provide a statutory declaration in accordance with a requirement made under subsection (8) is ineligible for appointment to the office of Commissioner.

(10) The failure, refusal or inability of a person to provide the statutory declaration must not be taken into consideration for a purpose other than the assessment of the person's eligibility to be appointed to the office of Commissioner.

25 Acting Commissioner

(1) The Minister may appoint a member of the NSW Police Force to act as Commissioner if the office of Commissioner is vacant or the Commissioner is suspended, sick or absent.

(2) Any such member, while acting as Commissioner, has all the functions of the Commissioner.

(3) The Minister may at any time terminate the appointment of any such member to act as Commissioner.

26 Term of appointment of Commissioner

(1) Subject to this Act, the Commissioner holds office for such period (not exceeding 5 years) as is specified in the Commissioner's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) The Commissioner may be re-appointed with effect before the expiry of the Commissioner's term of office. In that case, the Commissioner's existing term of office expires.

27 Employment and remuneration of Commissioner

(1) The employment of the Commissioner is to be governed by a contract of employment between the Commissioner and the Minister.

(2) Sections 41-47, 59 and 61 (relating to employment and remuneration of executive officers) apply to the Commissioner in the same way as they apply to an executive officer. However, in the application of those sections a reference to the Commissioner is to be read as a reference to the Minister.

28 Removal of Commissioner

(1) The Governor may remove the Commissioner from office on the recommendation of the Minister at any time for any or no reason and without notice.

(2) The Governor, on the recommendation of the Minister:

(a) may declare the person so removed from office as Commissioner to be an unattached officer in the service of the Crown, and

(b) may revoke any such declaration.

(3) A recommendation of the Minister under subsection (1) may be made only after the Minister:

(a) has notified the LECC that the Minister intends to recommend that the Commissioner be removed from office, and

(b) has given the LECC a reasonable opportunity to comment on the proposed recommendation.

(4) While such a declaration remains in force, the person concerned is entitled to monetary remuneration and employment benefits as if the person had not been removed from office.

(5) If:

(a) the Commissioner is removed from office and such a declaration is not made, or

(b) a declaration that is made is revoked,

the person concerned ceases to be employed in the service of the Crown, unless appointed to another position in the service of the Crown.

(6) A declaration under this section, unless sooner revoked, is revoked on the date on which the term of office of the person as Commissioner would have expired.

(7) A person removed from office as Commissioner (except for misbehaviour after due inquiry) is entitled to the same compensation under section 53 as an executive officer removed from office as referred to in that section.

(8) The Commissioner may be removed from office only under this section.

29 (Repealed)

30 Vacation of office by Commissioner

(1) The office of Commissioner becomes vacant if the Commissioner:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) is removed from office under section 28, or

(d) retires from office under this or any other Act, or

(e) resigns his or her office in writing addressed to the Minister.

(2) The retirement or resignation of a Commissioner does not take effect until:

(a) the Minister accepts the retirement or resignation, or

(b) the Commissioner has given the Minister at least 4 weeks' notice in writing of the day on which the Commissioner intends to retire or resign and the Commissioner is not on that day under official investigation for misbehaviour.

(3) The Commissioner is under official investigation for misbehaviour if the Minister so certifies.

31 Delegation by Commissioner

The Commissioner may delegate to another member of the NSW Police Force any of the functions conferred or imposed on the Commissioner by or under this or any other Act, other than this power of delegation.
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