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
(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 Police Integrity Commission, and the
Commander, Professional Standards Command, and from any other person or body
the Minister considers appropriate) as to the person’s integrity,
(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
(7) The Police Integrity Commission, subject to the Police Integrity Commission Act
1996, 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,
(b) have regard to the statutory declaration so
(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
(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.