Schedule 4 Savings, transitional and other provisions
(Section 221)
(1) In this Schedule:former Act means the Police Regulation Act 1899.
(2) In this Schedule, a reference to the repeal of the former Act is (if different days are appointed for the repeal of different provisions) a reference to the repeal of the relevant provisions.
2 Savings and transitional regulations
(1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of the following Acts:this Act
the Police and Superannuation Legislation (Amendment) Act 1990
Police Service (Police Board) Amendment Act 1991
the Police Service (Employer) Amendment Act 1992
the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993
the Police Service (Management) Amendment Act 1993
the Police Service (Complaints) Amendment Act 1994
Police Service Amendment (Commissioned Officers) Act 1996
Police Legislation Further Amendment Act 1996
Police Service Amendment Act 1997
Police Service Amendment (Special Risk Benefit) Act 1998
Police Service Amendment (Complaints and Management Reform) Act 1998
Police Service Amendment (Selection and Appointment) Act 2000
Police Service Amendment (Promotions and Integrity) Act 2001
Police Legislation Amendment (Recognised Law Enforcement Officers) Act 2010
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
3 Dissolution of Police Force and Police Department
The Police Force of New South Wales and the Police Department are, on the repeal of the former Act, dissolved.
4 Continuation of former Police Board and its members
(1) The part-time members of the Police Board under the Police Board Act 1983 holding office immediately before the repeal of that Act are to be taken to have been appointed as part-time members of the Police Board established by this Act for the balance of their terms of office.(2) The part-time member holding office as Chairman of the Police Board under the Police Board Act 1983 immediately before the repeal of that Act is to be taken to have been appointed as Chairperson of the Police Board under this Act for the balance of his or her term of office.(3) Anything done by or in relation to the Police Board under the Police Board Act 1983 is to be taken to have been done by or in relation to the Police Board under this Act.
5 Existing Commissioner of Police
The person holding office as Commissioner of Police under the former Act immediately before the repeal of the former Act is to be taken to have been appointed as the Commissioner of Police under this Act.
6 Existing members of the Police Force
A person who, immediately before the repeal of the former Act, held office as a member of the Police Force is to be taken to be a police officer appointed to that office under this Act.
7 Existing officers and employees of the Police Department
A person who, immediately before the repeal of the former Act, was an officer or temporary employee of the Police Department is to be taken to be an administrative officer or temporary employee, respectively, appointed or employed under this Act.
A person referred to in clause 6 or 7 is (until other provision is duly made under this or any other Act) to be employed in accordance with the awards, industrial agreements and determinations that would have applied to the person if the person had not become a member of the NSW Police and if the Police Force and the Police Department had not been dissolved.
In any other Act, in any instrument made under any Act, or in any document:(a) a reference to the Police Force of New South Wales is a reference to that part of NSW Police which is comprised of police officers, and(b) a reference to the Police Department is a reference to that part of NSW Police which is comprised of administrative officers, and(c) a reference to the rules under the former Act is a reference to the regulations under this Act.
Any advertisement for the filling of a vacancy in the Police Force or the Police Department published before the repeal of the former Act, any applications duly made or any recommendations for appointment in accordance with the former Act and the Police Board Act 1983 are to be taken to have been done under this Act, and may be acted on accordingly.
11 Pending disciplinary matters
Any disciplinary proceedings which, on the repeal of the former Act, are pending against a member of the Police Force under the former Act or against a member of the Police Department under the Public Sector Management Act 1988 are to be taken to be pending under this Act, and may be disposed of accordingly.
12 Continuation of oath of office
An oath taken, or affirmation made, by a member of the Police Force under the former Act is to be taken to be an oath taken, or affirmation made, under this Act.
13 Continuation of protection from personal liability
Sections 26 and 26A of the former Act continue to apply to any act done by a member of the Police Force before the repeal of the former Act.
Part 3 Provisions consequent on enactment of Police Service (Police Board) Amendment Act 1991
15 Existing Chairperson and part-time member of Police Board
(1) The part-time member holding office as Chairperson of the Police Board immediately before the commencement of Schedule 1 (1) to the Police Service (Police Board) Amendment Act 1991 ceases to hold office as part-time member and Chairperson on that commencement, but is eligible (if otherwise qualified) for appointment as Chairperson of the Police Board under section 17A (as inserted by that Act).(2) The other part-time member of the Police Board holding office immediately before the commencement of Schedule 1 (1) to the Police Service (Police Board) Amendment Act 1991 continues to hold office as a part-time member of the Police Board after that commencement for the balance of the member’s term of office.
Part 4 Provisions consequent on enactment of Police Service (Employer) Amendment Act 1992
16 Pending proceedings by PEIRA
(1) Any proceedings to which the Public Employment Industrial Relations Authority is a party immediately before the commencement of the Police Service (Employer) Amendment Act 1992 are not affected by the amendments made by that Act.(2) However, on the commencement of that Act the Commissioner is taken to be a party to those proceedings instead of the Public Employment Industrial Relations Authority, except in the case of any particular proceedings in respect of which it is agreed between the Commissioner and the Authority that the Authority is to continue to be a party to those proceedings.
17 Previous determinations, agreements etc by PEIRA
(1) Any thing done by the Public Employment Industrial Relations Authority under Division 7 of Part 6 of this Act before the amendment of that Division by the Police Service (Employer) Amendment Act 1992 is taken, after the commencement of that Act, to have been done by the Commissioner.(2) Any reference to that Authority in any award, determination or agreement entered into or made under that Division is taken, after that commencement, to be a reference to the Commissioner.
Part 6 Provisions consequent on enactment of Police Service (Management) Amendment Act 1993
In this Part:amending Act means the Police Service (Management) Amendment Act 1993.
appointed day means the day appointed for the commencement of Schedule 1 (1) to the amending Act.
(1) The Police Board constituted under section 15 (as in force immediately before the substitution of that section by the amending Act) is a continuation of, and the same legal entity as, the Police Board constituted under that section (as so substituted).(2) A person who, immediately before the appointed day, held office as a member of the Police Board ceases to hold that office on the appointed day. The person is eligible (if otherwise qualified) to be re-appointed, but is not entitled to any remuneration or compensation for so ceasing to hold that office.(3) A delegation by the Police Board made under section 21 and in force immediately before the substitution of that section by the amending Act is taken to be a delegation under that section (as so substituted), but only to the extent that the Police Board continues to have the relevant function.
(1) The person holding office as Commissioner immediately before the appointed day is taken to have been appointed as Commissioner on the appointed day for a period of 5 years or until the person reaches 65 years of age, whichever is the shorter period. However, if that person was appointed for a term, the person is taken to have been appointed for the balance of that term.(2) For the avoidance of doubt, the provisions of the amending Act (including the provisions relating to the Commissioner’s contract of employment and the Commissioner’s removal from office) apply to the Commissioner during the period of appointment under this clause.(3) Until the Commissioner enters into a contract of employment, the Commissioner is entitled to remuneration at the rate payable to the Commissioner immediately before the appointed day.(4) A delegation by the Commissioner made under section 31 and in force immediately before the substitution of that section by the amending Act is taken to be a delegation under that section (as so substituted).
(1) The person holding office as Inspector General in NSW Police immediately before the day appointed for the commencement of Schedule 1 (3) to the amending Act is taken to have been appointed, on that day, to the position of Inspector General in the Public Service (being a position in the Ministry for Police) for the balance of the term of office as Inspector General in NSW Police.(2) The contract of employment of that person under section 41 is taken, on that day and pending a new contract of employment, to be a contract of employment entered into under section 42G of the Public Sector Management Act 1988.(3) That person, or any other person who holds office as Inspector General, may exercise the functions of an authorised person under section 22 (Powers of entry and inspection) for the purposes of the Inspector General’s functions.
Part 7 Provisions consequent on enactment of Police Service (Complaints, Discipline and Appeals) Amendment Act 1993
(1) In this Part:amending Act means the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993.
former appeals Act means the Police Regulation (Appeals) Act 1923.
former complaints Act means the Police Regulation (Allegations of Misconduct) Act 1978.
(2) In this Part, a reference to the repeal of the former appeals Act or the former complaints Act is (if different days are appointed for the repeal of different provisions) a reference to the repeal of the relevant provisions.
25 Application of provisions relating to complaints
(1) Part 8A does not apply to conduct that occurred before the commencement of the former complaints Act.(2) Part 8A extends to conduct that occurred after the commencement of the former complaints Act and before the commencement of Part 8A.(3) Anything duly done before the commencement of that Part under a provision of the former complaints Act is (subject to the regulations under this Schedule) taken to have been duly done under the corresponding provision of that Part.
26 Application of provisions relating to discipline
(1) Part 9 applies to conduct occurring before or after the substitution of that Part by the amending Act (including conduct that occurred before the commencement of that Part on 1 July 1990).(2) Anything duly done in respect of any disciplinary matter before that substitution of Part 9 under a provision of the former Act, the former complaints Act, the former appeals Act or the regulations under those Acts or this Act is (subject to the regulations under this Schedule) taken to have been duly done under the corresponding provision of that substituted Part 9.
27 Application of provisions relating to promotion appeals
(1) Divisions 5A and 5B of Part 6 extend to decisions made before the commencement of those Divisions.(2) Anything duly done before the commencement of those Divisions under a provision of the former appeals Act is (subject to the regulations under this Schedule) taken to have been duly done under the corresponding provision of those Divisions.
(1) The Police Tribunal of New South Wales established under the former complaints Act is the same court as the Police Tribunal of New South Wales established under Part 9A of this Act.(2) A person who, immediately before the repeal of the former complaints Act, held office as President or Deputy President of the Police Tribunal is taken to have been appointed to that office under Part 9A of this Act for the balance of the person’s term of office.(3) The repeal of the former complaints Act does not affect any proceedings pending before the Police Tribunal immediately before the repeal of that Act and those proceedings may (subject to this Act) be continued despite that repeal.
Part 8 Provisions consequent on enactment of Police Service (Complaints) Amendment Act 1994
(1) An amendment of this Act or the Ombudsman Act 1974 made by the Police Service (Complaints) Amendment Act 1994 extends to conduct occurring or complaints made before the commencement of the amendment.(2) Anything done, or purporting to have been done, under this Act or the Ombudsman Act 1974 at any time after the commencement of the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 on 1 July 1993 and before the commencement of any amendment made by the Police Service (Complaints) Amendment Act 1994 that would have been validly done only if that amendment had been in force at that time is validated.(3) This clause applies to a matter despite any legal proceedings pending with respect to the matter on the commencement of this clause. However, this clause does not affect any judgment or order given or made by a court before that commencement with respect to a particular matter as between the parties to the proceedings.
Part 9 Provisions consequent on enactment of Public Sector Management Amendment Act 1995
30 Transitional arrangements for compensation entitlements of executive officers
The amendment made to section 53 (Compensation etc where executive officer has no right to return to public sector) by the Public Sector Management Amendment Act 1995 does not apply in respect of a person during a term of office as an executive officer that commenced before the commencement of that amendment.
Part 10 Police Service Amendment (Commissioned Officers) Act 1996
31 Five year term appointment for existing non-executive commissioned officers
(1) A member of NSW Police who is a non-executive commissioned police officer within the meaning of Part 6 immediately before the commencement of section 72A (Five year term appointments) is to be appointed under that section for a term of office of 5 years from the officer’s deemed appointment day.(2) An officer’s deemed appointment day is:(a) if the officer was a non-executive commissioned police officer immediately before the beginning of 1 January 1996—1 January 1996, or(b) if the officer became a non-executive commissioned police officer on or after 1 January 1996—the day on which the officer became a non-executive commissioned police officer.(3) If an officer’s projected date of retirement is before the end of the 5 year term provided for by subclause (1), the term of the appointment is to be (instead of 5 years) for the period up to that projected date of retirement or 12 months (whichever provides the longer term of office). An officer’s projected date of retirement is the officer’s projected date of retirement from NSW Police as determined by the Commissioner after consultation with the officer.(4) This clause does not apply to an officer to whom clause 32 applies.
32 Term appointment amendments do not apply to officers due to retire before 1 January 1997
(1) The amendments made by the Police Service Amendment (Commissioned Officers) Act 1996 do not apply to a member of NSW Police who was a non-executive commissioned police officer immediately before the beginning of 1 January 1996 with a projected date of retirement from NSW Police (as determined by the Commissioner after consultation with the officer) earlier than 1 January 1997.(2) This Act continues to apply to such an officer as if the Police Service Amendment (Commissioned Officers) Act 1996 had not been enacted.
Part 11 Provisions consequent on enactment of Police Legislation Further Amendment Act 1996
In this Part:amended Act means this Act, as amended by the amending Act.
amending Act means the Police Legislation Further Amendment Act 1996.
(1) The Police Board is abolished.(2) Part 8 of the Public Sector Management Act 1988 applies to each member of the Police Board as if the member had been removed from office by the Governor under section 90 of that Act.
35 Saving of action in which Police Board involved
Any function exercised by the Police Board with respect to a process (such as the appointment of staff to, or the removal of staff from, NSW Police) that had not been completed before the commencement of this clause is, for the purpose of enabling that process to be completed, taken to have been exercised:(a) by the Commissioner, in the case of a function that is required by the amended Act to be exercised by the Commissioner, or(b) by the Minister, in the case of a function that is required by the amended Act to be exercised by the Minister.
36 Saving of existing appointments
Nothing in an amendment made by the amending Act affects the appointment of a member of NSW Police who held office as such immediately before the commencement of that amendment.
37 Contracts held by executive officers
A contract of employment between an executive officer and the Police Board that was in force under Part 5 immediately before the abolition of the Police Board is taken to be a contract of employment, between the executive officer and the Commissioner, for the remainder of the term fixed by the contract.
38 Application of section 206 (Protection against reprisals)
Section 206, as inserted by the amending Act, applies to a protected allegation referred to in section 206 (1) even if the allegation relates to conduct or activities engaged in, or to matters arising, before the commencement of that section.
39 Continued operation of section 181B (Dismissal of police officers—information arising out of Police Royal Commission)
(1) Any action that had been commenced under section 181B but had not been completed before the repeal of that section may be completed, and an application may be made under Part 6 of Chapter 2 of the Industrial Relations Act 1996 in respect of any such action, as if that section had not been repealed.(2) Any application under Part 6 of Chapter 2 of the Industrial Relations Act 1996 in respect of action under section 181B, being an application made before or after the repeal of that section, may be dealt with under that Act as if section 181B had not been repealed.
Part 12 Provisions consequent on enactment of Police Service Amendment Act 1997
In this Part:amended Act means this Act, as amended by the amending Act.
amending Act means the Police Service Amendment Act 1997.
41 Application of amendments to existing orders under section 181D
An amendment made by Schedule 1 to the amending Act does not apply to any order made under section 181D before the commencement of that amendment.
42 Continuation of certain proceedings
Any proceedings before the Supreme Court:(a) that were commenced before the commencement of Schedule 1 [4] to the amending Act in connection with a decision or order made under section 181D, or(b) that are commenced after the commencement of Schedule 1 [4] to the amending Act in connection with a decision or order made under section 181D before that commencement,are to be dealt with, and any judgment, order or direction of the Supreme Court in any such proceedings is to be given effect to, as if the amending Act had not been enacted.
43 Application of amendment to section 40 of Police Integrity Commission Act 1996
(1) This clause applies to an answer made, or document or other thing produced, by a witness at a hearing before the Police Integrity Commission, as referred to in section 40 (3) of the Police Integrity Commission Act 1996.(2) The amendment made to section 40 (3) of the Police Integrity Commission Act 1996 by Schedule 2 to the amending Act applies to an answer made, or document or other thing produced, before the commencement of that Schedule in the same way as it applies to an answer made, or document or other thing produced, after the commencement of that Schedule.
Part 13 Provisions consequent on enactment of Police Service Amendment (Complaints and Management Reform) Act 1998
In this Part:amending Act means the Police Service Amendment (Complaints and Management Reform) Act 1998.
45 Abolition of Police Tribunal
(1) This clause commences on the commencement of Schedule 1 [8] to the amending Act.(2) The Police Tribunal is abolished.(3) No compensation is payable to any member of the Police Tribunal as a consequence of its abolition.
Any complaint that was made under Part 8A before the commencement of Schedule 1 [3] to the amending Act is to be dealt with in accordance with Part 8A, as in force before that commencement, as if the amending Act had not been enacted.
47 Proceedings before Police Tribunal
Proceedings before the Police Tribunal that were commenced under this Act before the commencement of Schedule 1 [5] to the amending Act are to be dealt with, and any order or decision of the Tribunal in any such proceedings is to be given effect to, as if the amending Act had not been enacted.
Proceedings before GREAT that were commenced under section 182 before the commencement of Schedule 1 [7] to the amending Act are to be dealt with, and any order or decision of the Tribunal in any such proceedings is to be given effect to, as if the amending Act had not been enacted.
49 Application of Divisions 1 and 1A of Part 9
Divisions 1 and 1A of Part 9, as inserted by Schedule 1 [5] to the amending Act, apply to and in respect of misconduct and unsatisfactory performance occurring before the commencement of that item in the same way as they apply to and in respect of misconduct and unsatisfactory performance occurring after that commencement.
50 Application of former provisions to transit police
(1) The provisions of Part 8A, as in force immediately before the commencement of Schedule 1 [3] to the amending Act, continue to apply to and in respect of complaints referred to in section 25 of the Police Department (Transit Police) Act 1989 (whether made before or after the commencement of that item) as if the amending Act had not been enacted.(2) The provisions of Division 1 of Part 9, as in force immediately before the commencement of Schedule 1 [5] to the amending Act, continue to apply to and in respect of breaches of discipline referred to in section 27 of the Police Department (Transit Police) Act 1989 (whether arising before or after the commencement of that item) as if the amending Act had not been enacted.(3) The provisions of Division 2 of Part 9, as in force immediately before the commencement of Schedule 1 [7] to the amending Act, continue to apply to a decision of the Commissioner under Division 1 of Part 9, as in force immediately before the commencement of Schedule 1 [5] to the amending Act, in relation to breaches of discipline referred to in section 27 of the Police Department (Transit Police) Act 1989 (whether arising before or after the commencement of Schedule 1 [7] to the amending Act) as if the amending Act had not been enacted.
Part 14 Provisions consequent on enactment of Police Service Amendment (Special Risk Benefit) Act 1998
51 Injuries to which sections 216 and 216A apply
The provisions of section 216, as amended by the Police Service Amendment (Special Risk Benefit) Act 1998, and section 216A, as inserted by that Act, extend to:(a) an amount that is paid after the commencement of those provisions, or(b) a decision that is made after the commencement of those provisions to refuse to pay an amount,in relation to an injury sustained by a police officer before the commencement of those provisions.
Part 15 Provisions consequent on enactment of Police Service Amendment (Selection and Appointment) Act 2000
52 Eligibility lists for non-executive administrative officer positions
(1) Any act, matter or thing done before the commencement of the eligibility list provisions in respect of a vacant non-executive position of an administrative officer that could have been validly done had those provisions been in force at the time it was done is taken to have been (and always to have been) validly done.(2) A reference in the eligibility list provisions to an eligibility list extends to include a reference to an eligibility list created before the commencement of those provisions, the creation of which is validated by subclause (1).(3) In this clause:the eligibility list provisions means the provisions of sections 67A, 80 (c) and 81 (2A) and (4), as inserted by the Police Service Amendment (Selection and Appointment) Act 2000.
Part 16 Provisions consequent on enactment of Police Service Amendment (Complaints) Act 2001
The guidelines in force under section 145 (3) immediately before its repeal by the Police Service Amendment (Complaints) Act 2001 are taken to be guidelines for the purposes of section 169A but may be amended or revoked by the Commissioner.
54 Detrimental action against reprisals
(1) The provisions of section 206 (2A) and (2B) extend to proceedings for an offence against section 206 committed before the commencement of those provisions, but only if the hearing in respect of the offence has not commenced.(2) Section 206 (4A) extends to proceedings for an offence against section 206 committed less than 6 months before the commencement of that subsection.
Part 17 Provisions consequent on enactment of Police Service Amendment (Promotions and Integrity) Act 2001
55 Statutory declaration relating to disclosure of misconduct
The amendments made by Schedule 1 [3], [5], [18] and [22] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to a person who is eligible for appointment to a vacant position on the commencement of the amendments.
56 Application of this Part to making of temporary appointments
The amendments made by Schedule 1 [11] and [12] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to a position that is a vacant position within the meaning of section 63 (1), as amended by that Act, as at the commencement of those amendments.
57 Inquiries to be made before promotional appointment to vacant position
The amendments made by Schedule 1 [8] and [9] and [12]–[14] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to a person who is eligible for appointment to a vacant position on the commencement of the amendments.
58 Withdrawal of selection on integrity grounds
(1) Section 71B extends to a decision made before the commencement of that section to appoint a person to a non-executive commissioned police officer position.(2) Section 77B extends to a decision made before the commencement of that section to appoint a person to a position of police officer of the rank of sergeant.
The provisions of section 81D (c)–(f) as inserted by Schedule 1 [25] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to an appeal made to GREAT before the commencement of those provisions and that has not commenced to be heard before that commencement.
60 Action following conclusion of successful appeal
Section 81E, as inserted by Schedule 1 [26] to the Police Service Amendment (Promotions and Integrity) Act 2001, extends to an appeal made to GREAT before the commencement of that section and that has not been finally determined by GREAT before that commencement.
61 Reduction in rank or grade through misconduct in promotion
Division 2A of Part 9 extends to a promotion made before the commencement of that Division.
Part 18 Provisions consequent on enactment of Police Service Amendment (NSW Police) Act 2002
62 Construction of references to Police Service
Subject to the regulations, in any other Act or instrument:(a) a reference to the Police Service of New South Wales (however expressed) is to be construed as a reference to NSW Police, and(b) a reference to a member of the Police Service of New South Wales (however expressed) is to be construed as a reference to a member of NSW Police.
63 Use of word “police” in operating name
(1) Any person or body of persons who, immediately before the commencement of this clause, was lawfully carrying on an activity under an operating name (within the meaning of section 204A) that includes the word “police” is taken, on that commencement, to have been granted a consent under section 204B (1) to the carrying on of that activity under that name.(2) The provisions of section 204B apply to a consent referred to in subclause (1) in the same way as they apply to a consent granted under section 204B (1).
Part 19 Provisions consequent on enactment of Police Amendment (Appointments) Act 2002
64 Statutory declaration relating to disclosure of misconduct
An amendment made by Schedule 1 [1], [3], [5], [10] or [12] to the Police Amendment (Appointments) Act 2002 extends to the appointment of a person to an office or position that was advertised but not filled before the commencement of the amendment.
65 Transfer of superintendents between positions within that rank
The amendment made by Schedule 1 [7] to the Police Amendment (Appointments) Act 2002 does not apply to or in respect of a transfer to a position that was advertised but not filled before the commencement of the amendment.
Part 20 Provisions consequent on enactment of Police Legislation Amendment (Civil Liability) Act 2003
66 Application of amendment to section 213
(1) Section 213 (as substituted by the Police Legislation Amendment (Civil Liability) Act 2003) extends to any act or omission of a member of NSW Police that was done, or omitted to be done, before the commencement of that section.(2) However, section 213 (as substituted by the Police Legislation Amendment (Civil Liability) Act 2003) does not extend to any proceedings in respect of any such act or omission brought before the commencement of that section.
Part 21 Provisions consequent on enactment of Police Amendment (Senior Executive Transfers) Act 2004
67 Transfers to vacant positions
The amendments made by the Police Amendment (Senior Executive Transfers) Act 2004 extend to a position that is vacant at the commencement of the amendments.
Part 22 Provisions consequent on enactment of Police Amendment (Death and Disability) Act 2005
In this Part:amending Act means the Police Amendment (Death and Disability) Act 2005.
death or incapacity benefit means a benefit payable to or in respect of a police officer under a police officers award (whether provided for in that award or by or under any Act, law or instrument) if:
(a) the police officer dies, or(b) the police officer suffers total and permanent incapacity or partial and permanent incapacity.hurt on duty has the same meaning as in section 216 (6) (as in force immediately before its repeal by the amending Act).
police officers award means:
(a) the Crown Employees (Police Officers Death and Disability) Award 2005, until its rescission by the Police Amendment (Death and Disability) Act 2011, and(b) after that rescission, the provisions of Part 9B of this Act and an approved death and disability insurance policy under that Part.
69 Savings in relation to special risk benefits
(1) Sections 216 and 216A (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) continue to apply to and in respect of a police officer as if those sections had not been repealed and amended, respectively, if:(a) the police officer was hurt on duty before the repeal of section 216, and(b) he or she is not subsequently entitled to a death or incapacity benefit in respect of that injury.(2) If an amount is paid under section 216 or 216A (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) in relation to a physical or mental injury for which a death or incapacity benefit is also paid, the person to whom the amount is paid is liable to repay the amount to the Commissioner.(3) Any amount due to the Commissioner under this clause may be recovered as a debt in a court of competent jurisdiction.(4) Subclauses (2) and (3) apply whether or not the amount was received before or after the commencement of this clause.
Part 23 Provisions consequent on enactment of Police Amendment (Police Promotions) Act 2006
In this Part:amending Act means the Police Amendment (Police Promotions) Act 2006.
pre-2006 promotion laws means this Act, and the Police Regulation 2000, as in force before their amendment by the amending Act.
promotion list has the same meaning as it has in Part 6 of this Act.
71 Application of pre-2006 appointment and promotion provisions
(1) The pre-2006 promotion laws continue to apply to or in respect of the appointment of officers by way of promotion to positions of the rank or grade within a rank of sergeant, senior sergeant, inspector and superintendent (other than positions of executive officers within the meaning of Part 5 of this Act).(2) The pre-2006 promotion laws cease to so apply to or in respect of appointments to positions of a particular rank or grade within a rank when a promotion list is first established for that rank or grade under this Act (as amended by the amending Act).(3) Despite subclause (2), an appeal may be made and dealt with in accordance with the pre-2006 promotion laws, in respect of an appointment made under those laws, after they cease to apply.(4) The application of this Act, as amended by the amending Act, to a rank or grade within a rank for which a promotion list has been established does not affect the continuing application of the pre-2006 promotion laws to a rank or grade within a rank for which a promotion list has not been established.(5) This clause has effect subject to the regulations.
72 Preparation of first promotion lists
(1) Police officers may undertake qualification and assessment procedures for placement on the first promotion lists for particular ranks or grades within ranks.(2) This Act, and the Police Regulation 2000, as amended by the amending Act, apply to the extent necessary to enable the establishment of the first promotion lists and qualification for placement on those lists.(3) To avoid doubt, a person who is undertaking qualification for placement on a first promotion list for a rank may, before that list is established, continue to apply for positions of that rank in accordance with the pre-2006 promotion laws.(4) This clause has effect subject to the regulations.
An eligibility list in force under section 67A immediately before its repeal by the amending Act in respect of a position of an administrative officer continues in force and is taken to have been made under section 82F, as inserted by the amending Act.
Part 24 Provisions consequent on enactment of Police Amendment (Miscellaneous) Act 2006
In this Part:amending Act means the Police Amendment (Miscellaneous) Act 2006.
75 Construction of references to NSW Police and NSW Police Senior Executive Service
(1) Subject to the regulations, in any other Act or instrument:(a) a reference to NSW Police (however expressed) is to be construed as a reference to the NSW Police Force, and(b) a reference to a member of NSW Police (however expressed) is to be construed as a reference to a member of the NSW Police Force, and(c) a reference to NSW Police Senior Executive Service (however expressed) is to be construed as a reference to the NSW Police Force Senior Executive Service.(2) Subject to the regulations, a reference in a provision of any other Act or instrument that commenced or was inserted before the commencement of this Act to a member of the Police Force is to be construed as a reference to a police officer.
76 Existing executive positions
(1) The positions listed in Schedule 2 to this Act, as in force immediately before the repeal of that Schedule by the amending Act, are taken to be positions determined by the Minister under Division 2 of Part 5 and this Act applies accordingly.(2) Any such position or positions may be the subject of a determination by the Minister under Division 2 of Part 5 amending or omitting them.
Part 25 Provision consequent on enactment of Police Amendment Act 2007
Section 144, as amended by the Police Amendment Act 2007, and section 148A, as inserted by that Act, extend to complaints made before the commencement of that amendment and that section.
Part 26 Provisions consequent on enactment of Police Legislation Amendment (Recognised Law Enforcement Officers) Act 2010
78 Existing special constables
(1) A person appointed as a special constable under section 101 (1A) (a) of the Police (Special Provisions) Act 1901 immediately before the repeal of that paragraph ceases to hold the office of special constable on that repeal.(2) The repeal of section 101 (1A) (a) of the Police (Special Provisions) Act 1901 does not affect the validity of the exercise of any function by a special constable before that repeal or any proceedings initiated by a special constable before that repeal.
Part 27 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2011
The amendments made to sections 39A (3) and 82F (3) by the Statute Law (Miscellaneous Provisions) Act 2011 extend to eligibility lists having effect immediately before the commencement of those amendments.
Part 28 Provision consequent on enactment of Business Names (Commonwealth Powers) Act 2011
80 Continuation of existing consents under section 204B
Any consent in force under section 204B immediately before the commencement of Schedule 3.15 to the Business Names (Commonwealth Powers) Act 2011 continues in force until such time as it is revoked under that section (as amended).