211A Testing of police officers for alcohol and prohibited drugs
(1) An authorised person may require any police officer who is on duty in accordance with a roster:(a) to undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence of alcohol, or(b) to provide a sample of the police officer’s urine or hair (or both) for the purpose of testing for the presence of prohibited drugs,in accordance with the directions of the authorised person and the regulations.(2) The selection of a police officer for testing pursuant to subsection (1) may be conducted on a random or targeted basis.(2A) An authorised person must require any police officer directly involved in a mandatory testing incident to:(a) undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence of alcohol, and(b) provide a sample of their urine or hair (or both) for the purpose of testing for the presence of prohibited drugs,in accordance with the directions of the authorised person and the regulations.(3) A police officer may be breath tested or required to undergo breath analysis whether or not there is any suspicion that the officer has recently consumed alcohol.(4) If a police officer is selected for testing because there is a suspicion that the officer has recently consumed alcohol, any authorised person may administer the breath test or breath analysis. However, if the police officer is selected on a random basis, the authorised person who administers the breath test or breath analysis must not be a police officer. This subsection applies only to testing pursuant to subsection (1).(4A) A requirement pursuant to subsection (2A) to undergo a test or to provide a sample is to be made by an authorised person as soon as practicable after the mandatory testing incident concerned. Any authorised person may administer the breath test or breath analysis in such a case.(4B) If a police officer involved attends or is admitted to a hospital for examination or treatment because of the mandatory testing incident, an authorised person may require the officer to provide a sample of the officer’s blood, urine or hair in accordance with the directions of a medical practitioner who attends the officer at the hospital.(4C) Any such medical practitioner must take the sample if informed by the authorised person that the sample is required to be taken by the practitioner, but not a sample of blood if such a sample is taken under Division 4 of Part 2 of the Road Transport (Safety and Traffic Management) Act 1999 instead. That Division applies to any taking of a sample pursuant to this subsection as if the sample were a sample of blood taken under that Division.(4D) Any sample taken under subsection (4C) is to be dealt with, and a report on the analysis of the sample is to be provided, in accordance with the regulations. However, nothing in this section or the regulations derogates from the operation of Division 4 of Part 2 of the Road Transport (Safety and Traffic Management) Act 1999.(4E) A police officer of or above the rank of superintendent may direct any off duty police officer to accompany another police officer to any police premises to report for duty to provide a sample of the off duty police officer’s urine or hair (or both) for the purpose of testing for the presence of prohibited drugs. The selection of police officers for testing pursuant to this subsection is to be conducted on a targeted basis, as determined by the Commissioner.(4F) A police officer directed to accompany another police officer pursuant to subsection (4E) must not refuse to do so without reasonable excuse.(4G) For the purposes of subsection (4E), a police officer is taken to be off duty other than when a police officer is required to report for duty in accordance with a roster.(5) The regulations may make provision for or with respect to the following:(a) the authorisation of persons:(i) to administer breath tests, breath analyses or other tests for the purpose of detecting the presence of alcohol or prohibited drugs, and(ii) to operate equipment for that purpose,(b) the conduct of testing, which may include the taking of blood (but only with the consent of the person being tested) if a breath test or breath analysis indicates the presence of alcohol,(c) the taking of samples of urine, hair or blood,(d) the devices used in carrying out the breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices,(e) the accreditation of persons conducting analyses for the presence of prohibited drugs,(f) the procedure for the handling and analysis of samples of urine, hair or blood,(g) offences relating to interference with test results or the testing procedure,(h) the confidentiality of test results,(i) the circumstances amounting to reasonable excuse for failing to accompany a police officer pursuant to subsection (4E).(5A) Subject to the regulations, section 8B (Measurement of alcohol concentrations) of the Road Transport (Safety and Traffic Management) Act 1999 applies in relation to the measurement of the concentration of alcohol in a person’s breath or blood for the purposes of this section and the regulations in the same way as it applies for the purposes of Part 2 of that Act.(6) The annual report of the NSW Police Force prepared under the Annual Reports (Departments) Act 1985 must include details of:(a) the number of breath tests, or drug tests involving the collection of samples, conducted during the relevant year, and(b) the number of those tests in which a police officer tested positive for alcohol in the officer’s breath or blood, and(c) the number of those tests that indicated that a police officer had a prohibited drug in the officer’s body.(7) In this section:authorised person means a person authorised in accordance with the regulations to conduct breath tests, breath analyses or other tests for the purposes of this section and the regulations.
breath test means a test:
(a) that is designed to indicate the concentration of alcohol present in a person’s breath or blood, and(b) that is carried out on the person’s breath by means of a device (not being a breath analysing instrument) of a type approved by the Governor for the conduct of breath tests under the Road Transport (Safety and Traffic Management) Act 1999.mandatory testing incident means an incident where a person is killed or seriously injured:
(a) as a result of the discharge of a firearm by a police officer, or(b) as a result of the application of physical force by a police officer, or(c) while detained by a police officer, or while in police custody, or(d) in circumstances involving a police aircraft, motor vehicle or vessel.police premises means any police station, command, building, structure or any other area occupied from time to time by the NSW Police Force.
prohibited drug has the same meaning as in the Drug Misuse and Trafficking Act 1985.
211AA Testing of officers for steroids
(1) An authorised person may require any police officer who is on duty in accordance with a roster to provide a sample of the police officer’s urine for the purpose of testing for the presence of steroids. The selection of police officers for testing pursuant to this subsection is to be conducted on a targeted basis, as determined by the Commissioner.(2) The regulations may make provision for or with respect to the following:(a) the authorisation of persons:(i) to administer tests for the purpose of detecting the presence of steroids, and(ii) to operate equipment for that purpose,(b) the conduct of testing,(c) the taking of samples of urine,(d) the devices used in carrying out tests,(e) the accreditation of persons conducting analyses for the presence of steroids,(f) the procedure for the handling and analysis of samples of urine,(g) offences relating to interference with test results or the testing procedure,(h) the confidentiality of test results,(i) requests for production of medical prescriptions for steroids and offences relating to failure to comply with such requests.(3) The annual report of the NSW Police Force prepared under the Annual Reports (Departments) Act 1985 must include details of:(a) the number of tests for steroids conducted during the relevant year, and(b) the number of those tests that indicated that a police officer had tested positive for the presence of steroids.(4) In this section:authorised person means a person authorised in accordance with the regulations to conduct tests for the purposes of this section and the regulations.
steroid means anabolic and androgenic steroidal agents included in Schedule Four to the Poisons List under the Poisons and Therapeutic Goods Act 1966.
211AB Testing of police officers for gunshot residue
(1) A person authorised by the Commissioner may direct a police officer to submit to testing for gunshot residue if the officer has, or may have:(a) discharged a firearm, or(b) been present when another police officer has, or may have, discharged a firearm.(2) A direction under this section (a relevant direction) must be given as soon as practicable after the discharge, or suspected discharge, of the firearm.(3) A police officer given a relevant direction must submit to testing for gunshot residue in accordance with the direction and any regulations made for the purposes of this section.(4) The regulations may make provision for or with respect to the following matters:(a) the conduct of testing for gunshot residue,(b) the devices to be used in conducting testing for gunshot residue,(c) the procedure for the handling and analysis of test samples,(d) the accreditation of persons conducting analyses of gunshot residue,(e) offences relating to interference with testing for gunshot residue or test results,(f) the confidentiality of test results.
211B Code of behaviour regarding the consumption of alcohol and the use of prohibited drugs or steroids
(1) The regulations may establish a code of behaviour regarding the consumption of alcohol and the use of prohibited drugs and steroids by members of the NSW Police Force.(2) Regulations under this section may make provision for or with respect to the following:(a) the consequences for police officers of testing positive for alcohol or prohibited drugs or steroids, or of otherwise breaching the code of behaviour,(b) the consequences for any member of the NSW Police Force conspiring with, or aiding or abetting, any police officer to breach the code of behaviour,(c) the evidentiary value of a certificate relating to the analysis of a sample,(d) the conduct of follow-up testing of police officers who have tested positive for alcohol or prohibited drugs or steroids, including provisions as to the frequency of any such follow-up testing.
211C Reviews of certain decisions under Act by Administrative Decisions Tribunal
A person aggrieved by a decision of the Commissioner under section 208 (1) as to the amount payable by the person under that subsection where no such amount is prescribed by the regulations may apply to the Administrative Decisions Tribunal for a review of the decision.
211D Use of statements made by police officers during alternative dispute management procedures
(1) This section applies to any statement that is made in good faith by a police officer in the course of alternative dispute management procedures conducted in connection with a complaint concerning that officer’s conduct.(2) The regulations may prescribe circumstances in which it is to be taken that alternative dispute management procedures are being conducted in connection with a complaint concerning a police officer’s conduct.(3) A statement to which this section applies:(a) is not admissible in any civil or criminal proceedings against the police officer if the proceedings relate to the conduct in connection with which the statement was made, and(b) may not be used as the basis of taking reviewable or non-reviewable action (within the meaning of section 173) against the police officer.(4) In this section, complaint means a complaint referred to in section 122 (1) (that is, a complaint concerning the conduct of a police officer), including a complaint referred to in section 122 (2) (that is, a complaint that is not required to be dealt with in accordance with Part 8A).
211E Disclosure of information concerning former Police Board functions
(1) A person who discloses any relevant information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on the former Police Board) is guilty of an offence unless the disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act (or any other such Act), or(c) for the purposes of any legal proceedings arising out of this Act (or any such Act) or of any report of any such proceedings, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or(e) with other lawful excuse.Maximum penalty: 10 penalty units or imprisonment for 6 months, or both.
(2) In this section:former Police Board means the Police Board established by this Act, as in force before 1 January 1997 (the date on which the Board was abolished as a consequence of the commencement of the Police Legislation Further Amendment Act 1996).
relevant information means information relating to the exercise of the functions of the former Police Board.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
213 Protection from personal liability
A member of the NSW Police Force is not liable for any injury or damage caused by any act or omission of the member in the exercise by the member in good faith of a function conferred or imposed by or under this or any other Act or law (whether written or unwritten).
214 Repute to be evidence of appointment of police officer
If any question arises as to the right of any police officer to hold or execute his or her office, common reputation is to be taken as evidence of that right, and it is not necessary for a police officer to have or to produce any written appointment or other document to prove that right.
216AA Special risk benefit where student of policing hurt while undergoing police education
(1) The Commissioner may pay an amount, calculated in accordance with this section, to a student of policing who suffers an injury:(a) that the Commissioner determines to have been caused while the student was undergoing a police education course, and(b) that, in the opinion of HealthQuest, renders the student totally and permanently incapacitated for work.(2) If:(a) a student of policing dies, and(b) the injury causing the death of the student is determined by the Commissioner to have been caused while the student was undergoing a police education course,the Commissioner may pay an amount, calculated in accordance with this section, to the student’s spouse or (if the student is not survived by a spouse or if the student is survived by more than one spouse) to the student’s personal representative.(3) The amount calculated in accordance with this section in relation to a student of policing to whom subsection (1) or (2) applies is the amount determined in accordance with the formula:
where:A is the amount.
S is the annual salary of a probationary constable as at the day on which the student was injured while undergoing a police education course.
CF is the capitalisation factor, prescribed for the purposes of this section by the regulations, for the sex of the student and for the age of the student on the day on which the student was injured while undergoing a police education course.
(4) The Commissioner must not make a payment under this section unless the student of policing concerned was, in the opinion of the Commissioner, injured because the student was required to be exposed to risks to which other tertiary students would normally not be required to be exposed in the course of their studies.(5) A benefit under this section is payable by the Commissioner out of money made available by Parliament for the purposes of this section.(6) In this section:HealthQuest means the statutory health corporation of that name constituted by the Health Services Act 1997.
injury includes not only physical injury but also psychological and psychiatric injury.
spouse of a student of policing includes a person with whom the student had a de facto relationship (within the meaning of the Property (Relationships) Act 1984) at the time of his or her death.
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216A Determination by District Court
(1) An application to the District Court for a determination in relation to a decision of the Commissioner under section 216AA may be made by:(a) a student of policing referred to in section 216AA (1), or(b) the spouse or personal representative of a student of policing referred to in section 216AA (2),within 6 months after the decision is notified in writing to the student, spouse or personal representative.(2) If within 6 months after a student of policing to whom section 216AA applies suffers an injury that renders the student totally and permanently incapacitated for work, or dies, the Commissioner fails or refuses to make a decision under that section in relation to the student, the Commissioner is taken, for the purposes of this section, to have made a decision under that section to refuse to pay any amount in relation to the student.(3) The Commissioner is entitled to be represented at the hearing of an application under this section.(4) After considering the application, the District Court may make a determination that the decision of the Commissioner in respect of which the application was made:(a) be confirmed, or(b) be set aside and replaced by a different decision made by the District Court.(5) The District Court must not make a decision referred to in subsection (4) (b) that could not be made by the Commissioner under section 216AA.(6) A decision of the District Court referred to in subsection (4) (b) is taken to be made by the Commissioner and is to be given effect accordingly.(7) After hearing the application, the District Court:(a) may assess the costs of the successful party to the application (including costs of representation and witness expenses, if any), and(b) may order that the costs so assessed (or any part of them) be paid to the successful party by any other party within a time specified in the order.The District Court cannot order the payment of costs by the applicant unless it is satisfied that the application was frivolous or vexatious or was made fraudulently or without proper justification.
(8) If costs assessed under subsection (7) are not paid within the time specified in the order for their payment, the person in whose favour the order was made may recover the costs from the person against whom the order was made as a debt.(9) In this section:District Court means the District Court of New South Wales established by the District Court Act 1973.
(1) The Minister may appoint any person (an authorised person) to inquire into, and to report to the Minister on, any matter on which the Minister wishes to be advised in relation to the management and administration of the NSW Police Force.(2) For the purpose of conducting such an inquiry, an authorised person may, at any time, do any of the following:(a) enter any police premises,(b) call for, and inspect, all or any police records, documents, files or other matter, whether of the same or of a different kind, on police premises,(c) question and seek information from any member of the NSW Police Force.(3) A member of the NSW Police Force who fails:(a) to comply with any requirement made of the member by an authorised person under this section, or(b) to give all assistance and co-operation to an authorised person,is guilty of an offence.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
218 Industrial Relations Act 1996 not affected
(1) The Industrial Relations Act 1996 is not affected by anything in this Act.(2) Subsection (1) does not limit section 44 or 89 or any provision of the Industrial Relations Act 1996.
(1) There is to be a Police Band, which may consist of members of the NSW Police Force or other persons approved by the Minister, or both.(2) The ceremonial and other roles of the Police Band are to be as determined by the Commissioner from time to time.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to the following:(a) (Repealed)(b) the hours of attendance of members of the NSW Police Force,(c) the extended, annual and other leave that may be granted to members of the NSW Police Force,(d) the educational or other qualifications or experience for appointment, whether to the NSW Police Force generally or to a particular rank, grade or position within the NSW Police Force, where experience includes:(i) experience within the NSW Police Force, whether experience generally or experience in relation to a specified rank, grade or position, and(ii) experience otherwise than within the NSW Police Force, as prescribed by the regulations,(e) (Repealed)(f) travelling and subsistence allowances and other allowances for members of the NSW Police Force,(g) the payment of gratuities to police officers on their ceasing to be police officers,(h) providing for the exercise of the functions of suspended, sick or absent members of the NSW Police Force (or of the functions attaching to vacant positions) by other members,(i) any other matter relating to the management or control of the NSW Police Force or students of policing,(j) the reporting by police officers of misconduct or unsatisfactory performance of other police officers,(k) the suspension of police officers from office (with or without pay) pending investigation of alleged misconduct or unsatisfactory performance or pending action under Division 1 of Part 9 with respect to misconduct or unsatisfactory performance,(l) a review of the promotion list system for the appointment of non-executive police officers established by amendments made by the Police Amendment (Police Promotions) Act 2006.(2A) The regulations may make provision for or with respect to the functions of the Commissioner, the Ombudsman, the Police Integrity Commission and other persons in connection with the handling of complaints against police officers under the legislative scheme constituted by this Act, the Ombudsman Act 1974 and the Police Integrity Commission Act 1996.(3) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
(1) The Acts specified in Part 1 of Schedule 3 are repealed.(2) The regulations and rules specified in Part 2 of Schedule 3 are repealed.(3) Different days may be appointed for the commencement of this section and Schedule 3 for the purpose of repealing different Acts or statutory instruments, or different provisions of an Act or statutory instrument, on different days.
221 Savings, transitional and other provisions
Schedule 4 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Police Amendment (Miscellaneous) Act 2006.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
223 Review of Commissioner’s powers
(1) The Minister is to review this Act each year to determine whether the terms of the Act with respect to the Commissioner’s functions remain appropriate.(2) The review is to be undertaken as soon as possible after 1 January in each year.(3) A report on the outcome of the review is to be tabled in each House of Parliament on or before 30 June in the same year.