Part 6 Non-executive police officers
62 Officers to whom Part applies
This Part applies to all police officers (other than the Commissioner and members of the NSW Police Force Senior Executive Service).
In this Part:appointment means appointment by way of promotion or transfer or otherwise.
non-executive commissioned police officer means a commissioned police officer to whom this Part applies.
non-executive police officer means a police officer to whom this Part applies.
vacant position means:
(a) a position that is not held by a person, or(b) a position to which a person is temporarily appointed, or(c) a position that is temporarily held by a person who is temporarily appointed to another position in accordance with section 67 (2).
Division 2 Appointment of non-executive police officers
64 Appointments to non-executive police officer positions
(1) An appointment (whether by way of transfer or promotion or otherwise) as a non-executive police officer is to be made by the Commissioner.(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) As soon as practicable after a person is appointed (whether by way of transfer or promotion or otherwise) as a non-executive police officer, the Commissioner is required to notify the Police Integrity Commission of the identity of the person so appointed.
65 Filling non-executive positions by either police or administrative officers
(1) If the Commissioner is satisfied that a position (other than a position designated for members of the NSW Police Force Senior Executive Service) is suitable for either a police officer or an administrative officer, the position may, for the purpose of the selection process, be designated as a position available to both police and administrative officers.(2) Before a person is appointed to any such vacant position, the Commissioner must determine whether it is to be the position of a police officer or an administrative officer (and the provisions of this Part or Part 6A relating to the filling of such a vacancy apply accordingly).
66 Appointments to be made on merit
(1) This section applies to appointments to vacant positions of non-executive police officers (other than constables).(2) In deciding to appoint a person (other than by way of promotion) to a vacant position of a non-executive police officer, the Commissioner must, from among the applicants who are eligible for appointment, select the applicant who has, in the opinion of the Commissioner, the greatest merit.(3) The Commissioner is, for the purpose of determining the merit of persons for appointment (other than by way of promotion) to a vacant position of a non-executive police officer, to have regard to:(a) the nature of the duties of the position, and(b) the qualifications, experience, standard of work performance and capabilities of those persons that are relevant to the performance of those duties.(4) In deciding to appoint a person by way of promotion to a vacant position of a non-executive police officer, the Commissioner must appoint a person from the promotion list for the rank or grade within the rank concerned who is a person available for appointment and who has the greatest merit according to rankings on the list.(5) Despite subsection (4), the Commissioner may, in the case of a position identified by the Commissioner as requiring specialist qualifications, appoint a person by way of promotion to any such position from the promotion list for the rank or grade concerned who has the greatest merit according to rankings on that list of persons who, in the opinion of the Commissioner, have the qualifications required for that position.
66A Acting appointments to non-executive police officer positions
(1) The Commissioner may appoint an officer to act in a non-executive police officer position that is vacant or the holder of which is suspended, sick or absent.(2) A person, while acting in a position under this section, has all the functions of the holder of the position.(3) The Commissioner may, at any time, terminate the appointment of a person to act in a position under this section.(4) This section does not prevent the payment of an allowance to an officer for exercising all or any of the functions of a non-executive police officer position if a person is not appointed to act in the position under this section.
(1) (Repealed)(2) Without limiting section 90, the Commissioner may appoint temporarily to a vacant position of a non-executive police officer a police officer who is on the relevant promotion list for the rank or grade concerned, or is in the process of gaining the requisite qualifications for placement on that list, subject to the following:(a) before the appointment can be made, the Commissioner and officer must agree, in writing, as to the command in which the officer will serve if the officer is not permanently appointed to the vacant position, and(b) if the officer has permanently relocated his or her principal residence because of the temporary appointment, the officer is entitled to the costs and expenses of any further relocation agreed to under paragraph (a), those costs and expenses to be calculated in accordance with any relevant industrial award or enterprise agreement for transferred officers under the Industrial Relations Act 1996, and(c) if the officer has relocated his or her principal place of residence because of the temporary appointment and has entered into an agreement, in writing, with the Commissioner to stay within the command to which the officer has been transferred if the officer is not permanently appointed to the vacant position, the officer cannot be involuntarily transferred under section 69 (except in accordance with action taken under section 173 (2) (d)) within a period of 3 years after the relocation.(3) An officer who ceases to be temporarily appointed to a position and who is not permanently appointed to the position has no right of return to the position from which the officer was temporarily appointed, unless:(a) the officer has entered into an agreement under subsection (2) (a) to return to the command from which the officer was temporarily appointed, and(b) no other officer has been appointed to the position from which the officer was temporarily appointed.(4) An administrative officer may not be appointed under this section to the position of a police officer.(5) The Commissioner may, at any time, terminate a temporary appointment under this section.(6) Section 66 does not apply to a temporary appointment under this section.
68 Statutory declaration as to misconduct
(1) The Commissioner must, before appointing an officer temporarily under section 67 or otherwise under this Part, require the officer to provide a statutory declaration, in such form (if any) as may be prescribed by the regulations, that the officer has not knowingly engaged in specified misconduct or any other misconduct.(2) An officer who fails or refuses, or who is unable, to provide a statutory declaration in accordance with any such requirement is ineligible for appointment under the relevant provision.(3) The failure, refusal or inability of an officer to provide a statutory declaration in accordance with any such requirement must not be taken into consideration for a purpose other than the assessment of the officer’s eligibility to be appointed to the position concerned.
69 Transfer of non-executive police officers
(1) If the Commissioner considers it to be in the interests of the NSW Police Force to do so, the Commissioner may transfer a non-executive police officer from one non-executive police officer position to another non-executive police officer position or non-executive administrative officer position.(2) Such a transfer may be made if:(a) the position to which the officer is transferred entitles its holder to the same level of remuneration as the officer’s former remuneration, or(b) the position to which the officer is transferred entitles its holder to a lower level of remuneration than the officer’s former remuneration and:(i) the officer consents to the transfer at the lower level of remuneration, or(ii) the officer requested the transfer or the transfer is made pursuant to an order under section 173, or(c) the officer concerned is being transferred from the rank of superintendent to which the officer is permanently appointed to another position within that rank—regardless of whether the position to which the officer is transferred entitles its holder to a remuneration that is the same as or different from the officer’s former remuneration.(3) An officer transferred under subsection (2) (c) is entitled, for the balance of the term for which the officer holds office pursuant to section 74, to the same level of remuneration in respect of the new position as the officer’s former remuneration if the position to which the officer is transferred ordinarily entitles its holder to a level of remuneration that is lower than the officer’s former remuneration (unless the officer requested the transfer or it was made pursuant to an order under section 173).(4) A transfer under this section may be made only if the officer possesses the qualifications determined by the Commissioner for the other position.(5) The transfer under this section of a police officer to a non-executive administrative officer position may not be made without the approval of the police officer.(6) Section 66 does not apply to a transfer under this section.
(1) The Commissioner is to establish promotion lists of police officers eligible for promotion to the rank or grade within a rank of sergeant, senior sergeant, inspector and superintendent.(2) The regulations may make provision for or with respect to the following matters:(a) the requirements for placement on a promotion list,(b) without limiting paragraph (a), criteria for eligibility to undertake requirements (including meeting quota requirements),(c) the ranking of police officers on a promotion list,(d) the period for which a police officer may remain on a promotion list or replacement promotion lists for the same rank or grade within a rank,(e) the appointment of persons from a promotion list to a rank or grade within a rank to which the list applies,(f) reviews of assessment of requirements for placement on a promotion list and of ranking on a promotion list,(g) reviews or appeals against a decision to suspend or remove a person from a promotion list, or to refuse a person the right to participate or continue to participate in any part of the process to obtain placement on a list, on integrity grounds,(h) without limiting paragraph (f) or (g), the procedures for and conduct of reviews,(i) circumstances in which a person may be removed or suspended from or restored to a promotion list,(j) the period for which, or the circumstances in which, a promotion list remains current,(k) notification of a decision to suspend or remove a person from a promotion list, or to refuse a person the right to participate or continue to participate in any part of the process to obtain placement on a list, on integrity grounds.
(1) It is the duty of the Commissioner:(a) before selecting a person to complete an eligibility program for a rank or grade within a rank of police officer, to make inquiries (from the Commander, Professional Standards Command, and from any other person or body the Commissioner thinks appropriate), as to the integrity of the person, and(b) before appointing a person, by way of promotion, as a non-executive police officer, to make inquiries (from the Police Integrity Commission, the Commander, Professional Standards Command, and from any other person or body the Commissioner thinks appropriate), as to the integrity of the person.(2) It is the duty of the Commissioner to have regard to any information that comes to the Commissioner’s attention (whether as a result of inquiries under subsection (1) or otherwise) as to the integrity of a person referred to in that subsection.(3) 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 Commissioner (on the basis of information available to the Commission or the Commander and without the need for any special investigation or inquiry) on any person the subject of an inquiry referred to in subsection (1).(4) The Commissioner may change a decision to appoint a person under this Part before the person is appointed if the Commissioner receives information as to the person’s integrity (being information that was not considered when the decision to appoint the person was made) which causes the Commissioner to form the opinion that the person is not a suitable person to be so appointed.(5) If the Commissioner changes such a decision, the Commissioner may decide, in accordance with this Part to appoint instead (from the persons who are eligible for appointment) the person who the Commissioner is of the opinion at the time has the greatest merit.(6) The Commissioner may suspend or remove a person from a promotion list or any part of a process relating to placement on a promotion list if the Commissioner receives information as to the person’s integrity (being information that was not previously considered) which causes the Commissioner to form the opinion that the person is not a suitable person to remain on the list or be placed on the list.
72 Vacation of non-executive police officer positions
(1) A non-executive police officer’s position becomes vacant if the officer:(a) dies, or(b) completes a term of office and is not appointed for a further term, or(c) is removed from office, or retires or is retired from office, under this or any other Act, or(d) resigns his or her position in writing addressed to the Commissioner, or(e) abandons his or her employment in the NSW Police Force.(2) The retirement or resignation of a non-executive police officer does not take effect until:(a) the Commissioner accepts the retirement or resignation, or(b) the officer has given the Commissioner at least 4 weeks’ notice in writing of the day on which the officer intends to retire or resign and the officer is not under suspension from office on that day.
72A Incapable non-executive police officer may be retired
If:(a) a non-executive police officer is found on medical grounds to be unfit to discharge or incapable of discharging the duties of the officer’s position, and(b) the officer’s unfitness or incapacity:the Commissioner may cause the officer to be retired.(i) appears likely to be of a permanent nature, and(ii) has not arisen from actual misconduct on the part of the officer, or from causes within the officer’s control,
73 Approval to engage in other paid employment
A non-executive police officer must not engage in any paid employment outside the duties of his or her position without the approval of the Commissioner.
Division 3 Term of office of non-executive commissioned police officers
(1) Subject to this Act, a non-executive commissioned police officer holds office for the term of office specified in an instrument of appointment issued by the Commissioner for the purposes of this section.(2) The instrument operates as an appointment of the officer for the term of office so specified. The appointment is separate and distinct from the appointment of the officer to the officer’s non-executive police officer position by the Commissioner under section 64.(3) The term of office is to be 5 years or the officer’s balance of service to retirement (whichever is shorter).(4) An officer’s balance of service to retirement is the period up to the officer’s projected date of retirement from the NSW Police Force, as determined by the Commissioner after consultation with the officer.
75 Entitlement to further terms
(1) Until retirement, a non-executive commissioned police officer is entitled (if otherwise qualified) to appointment for a further term of office in accordance with section 74 on the expiration of each current term of office, unless the Commissioner has decided that the officer is not to be appointed for a further term and notified the officer of that decision at least 6 months before the expiration of the current term of office.(2) The appointment of an officer for a further term of office does not constitute an appointment to a vacant position for the purposes of Division 2.
76 Ground for decision not to re-appoint
(1) The only ground for a decision by the Commissioner that a non-executive commissioned police officer is not to be appointed for a further term of office is that the officer is unable to meet required standards of operational competence, discipline or integrity.(2) The regulations may make provision for a review of a decision of the Commissioner under this section.
A non-executive commissioned police officer’s performance must be reviewed, at least annually, by the Commissioner or by some person nominated by the Commissioner. The review is to have regard to performance criteria determined by the Commissioner for the officer’s position and any other relevant matter.
78 Promotion, transfer and re-appointment following resignation
(1) When a non-executive commissioned police officer is appointed by way of promotion to another position in the NSW Police Force as a non-executive commissioned police officer, the officer is to be appointed for a new term of office in accordance with section 74 in the rank or grade within a rank to which the officer is promoted.(2) When a non-executive commissioned police officer is transferred to another position in the NSW Police Force as a non-executive commissioned police officer, the officer is not to be appointed for a new term of office, and the officer’s existing term of office continues in the transferred position.(3) When a non-executive commissioned police officer is re-appointed under section 103 (Re-appointment of employees resigning to contest Commonwealth elections) of the Public Sector Employment and Management Act 2002 the officer is to be appointed for a new term of office that is equivalent to the balance of the officer’s term of office as at resignation.
79 Powers of dismissal, removal and suspension not affected
Nothing in this Division limits or otherwise affects any power under this Act to dismiss, suspend or remove a non-executive commissioned police officer.
Division 4 Appointment and promotion of constables
80 Appointment and promotion of constables
(1) The Commissioner may, subject to this Act and the regulations, appoint any person of good character and with satisfactory educational qualifications as a police officer of the rank of constable.(2) A person when first appointed as such a police officer is to be appointed on probation in accordance with the regulations.(3) The Commissioner may dismiss any such probationary police officer from the NSW Police Force at any time and without giving any reason.(4) The promotion of police officers within the rank of constable is subject to the regulations.