Schedule 2 Miscellaneous amendments to Police Act 1990
(Section 3)
[1] The whole Act (except Schedule 4)
Omit “NSW Police” wherever occurring (except where elsewhere specifically referred to in this Schedule).Insert instead “the NSW Police Force”.
[2] The whole Act (except Schedule 4)
Omit “NSW Police Senior Executive Service” wherever occurring (except where elsewhere specifically referred to in this Schedule).Insert instead “the NSW Police Force Senior Executive Service”.
Omit the long title. Insert instead: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.
Omit “is described in Schedule 2” wherever occurring from the definitions of Assistant Commissioner and Deputy Commissioner in section 3 (1).Insert instead “is determined by the Minister under Division 2 of Part 5”.
Omit the definitions of NSW Police and NSW Police Senior Executive Service.Insert instead in alphabetical order:
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.
Insert in alphabetical order: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.
student of policing means a person (other than a police officer) who is undergoing a police education course.
Omit “NSW Police”. Insert instead “NSW Police Force”.
[8] Section 4 Establishment of NSW Police Force
Omit “NSW Police”. Insert instead “The NSW Police Force”.
Omit “NSW Police” wherever occurring.Insert instead “The NSW Police Force”.
[10] Section 6 Mission and functions of NSW Police Force
Omit section 6 (1). Insert instead:(1) The mission of the NSW Police Force is to work with the community to reduce violence, crime and fear.
[11] Part 3 Protective Security Group
Omit the Part.
Omit “NSW Police”. Insert instead “NSW Police Force”.
Omit the definitions of executive officer and executive position from section 32 (1).Insert instead:
executive officer means a person holding a position for the time being determined to be an executive position under section 33 (1).
executive position means a position referred to in section 33 (1).
Omit the Division. Insert instead:Division 2 Composition of NSW Police Force Senior Executive Service
33 Composition of NSW Police Force Senior Executive Service
(1) The NSW Police Force Senior Executive Service comprises the persons holding positions for the time being determined by the Minister to be executive positions.(2) A list of the positions determined under subsection (1) is to be made publicly available on the website of the NSW Police Force.34 Positions that may be determined to be executive positions
(1) The Minister may determine a position to be an executive position only if the position is a position in the NSW Police Force recommended by the Commissioner for inclusion in the NSW Police Force Senior Executive Service.(2) The position of either a police officer who is of or above the rank of superintendent or an administrative officer may be determined to be an executive position.(3) The position of Commissioner is not a position in the NSW Police Force Senior Executive Service.
[15] Section 39 Appointment to be made on merit
Insert after section 39 (2):(2A) The Commissioner is, for the purpose of determining the merit of the persons eligible for appointment to a vacant executive position under this section, to have regard to:(a) the nature of the duties of the position, and(b) the abilities, qualifications, experience, standard of work performance and personal qualities of those persons that are relevant to the performance of those duties.
Omit the sections. Insert instead:57 Change in status of positions
(1) If a position ceases to be an executive position by determination of the Minister under this Part:(a) the position is not thereby abolished, and(b) any person holding the position is to be taken to have been appointed to the position in accordance with the relevant provisions.(2) However, the determination by which a position is omitted may direct that the person holding the position is to cease to hold that position, but only if the person was not employed in the public sector (within the meaning of Division 6) immediately before last becoming an executive officer.(3) The person to whom any such direction relates ceases to hold the position concerned and has the same rights and obligations as if the person had ceased to be an executive officer as referred to in section 51 (4).(4) A determination that omits or adds an executive position may contain other provisions of a savings or transitional nature consequent on a position becoming or ceasing to be an executive position or becoming a different kind of executive position.58 Change in title of positions
A position referred to in a determination of the Minister under this Part does not cease to be an executive position merely because of a change in the title of the position.
Omit “NSW Police”. Insert instead “NSW Police Force”.
Omit “NSW Police”. Insert instead “NSW Police Force”.
[19] Section 96 Attachment of wages or salary of members of NSW Police
Omit the section.
Insert after section 97A:98 Recognition of commissioned officers
(1) The Governor may issue a document recognising the appointment of a police officer or other person to the position of a commissioned police officer.(2) Recognition by the Governor does not affect the manner of appointment of a person to a position of the rank of commissioned police officer under this Act or any other provision of this Act or the regulations relating to the employment of such a police officer.
Omit the definitions of Category 1 complaint (including the note to the definition) and Category 2 complaint.
[22] Section 121, definition of “notifiable complaint”
Omit “Category 2”.
Omit the note. Insert instead:Note. Section 70 (5) of the Police Integrity Commission Act 1996 provides as follows:(5) A complaint, to the extent that it is investigated by the Commission, cannot be dealt with as a complaint under Part 8A of the Police Act 1990 and for that purpose is taken not to be a police complaint, except as directed by the Commission either generally or in any particular case or as directed by the regulations.
[24] Section 129 Registration of complaints
Omit “Category 1 complaint (or a specified class of Category 1 complaints)” from section 129 (2).Insert instead “complaint or a specified class of complaints”.
[25] Section 130 Complaints received by Commissioner
Omit section 130 (2). Insert instead:(2) As soon as practicable after receiving a notifiable complaint, whether directly or as a result of it being forwarded as referred to in subsection (1), the Commissioner must cause a copy of the complaint to be sent to the Ombudsman.
Omit the sections. Insert instead:131 Complaints received by Police Integrity Commission
(1) As soon as practicable after receiving a complaint, the Police Integrity Commission must refer the complaint to the Commissioner.(2) The Police Integrity Commission is not required to refer a complaint (or part of a complaint) to the Commissioner if of the opinion that it is not in the public interest to do so.(3) The Police Integrity Commission may, instead of referring a complaint to the Commissioner, forward a summary or appropriate details of the complaint, if of the opinion that there are reasonable grounds for not referring the complaint.(4) The Police Integrity Commission may cause a copy of a complaint (or part of a complaint) that it decides not to refer to the Commissioner to be sent to the Ombudsman.132 Complaints received by Ombudsman
(1) As soon as practicable after receiving a complaint, the Ombudsman must refer the complaint to the Commissioner.(2) The Ombudsman is not required to refer a complaint (or part of a complaint) to the Commissioner if of the opinion that it is not in the public interest to do so.(3) The Ombudsman may, instead of referring a complaint to the Commissioner, forward a summary or appropriate details of the complaint, if of the opinion that there are reasonable grounds for not referring the complaint.(4) The Ombudsman may cause a copy of a complaint (or part of a complaint) that the Ombudsman decides not to refer to the Commissioner to be sent to the Police Integrity Commission.
[27] Section 133 Complaints lodged at Local Courts
Omit section 133 (4).
[28] Section 138 Action on complaint not affected by failure to comply with Division
Omit section 138 (2).
[29] Section 149 Other police investigations not affected
Omit section 149 (2). Insert instead:(2) Without affecting the generality of section 70 (5) of the Police Integrity Commission Act 1996, a matter that is the subject of a complaint being investigated by the Police Integrity Commission under that Act must not be investigated under this Part, or otherwise, by the Commissioner unless:(a) it is referred to the Commissioner by the Commission to be dealt with under this Part, or(b) such an investigation is authorised to be carried out by the regulations or by the Commission, either generally or in a particular case.
[30] Section 168 Police Integrity Commission may take over Category 2 complaint
Omit the section.
[31] Section 172 Use of Federal and interstate police for investigations
Omit “section 6 of the Prohibited Weapons Act 1989” from section 172 (2) (b) (ii).Insert instead “section 7 of the Weapons Prohibition Act 1998”.
Omit “NSW Police”. Insert instead “NSW Police Force”.
Omit “NSW Police”. Insert instead “NSW Police Force”.
[34] Section 200 Bribery or corruption
Omit section 200 (3).
[35] Section 202 Admission to NSW Police Force as police officer under false pretences
Omit “NSW Police or” from section 202 (a).Insert instead “the NSW Police Force or NSW Police or”.
[36] Section 203 Wearing or possession of police uniforms by others
Omit “Traffic Act 1909” from the definition of motor vehicle in section 203 (8).Insert instead “Road Transport (General) Act 2005”.
[37] Section 203, penalty provision
Omit “imprisonment for 6 months”. Insert instead “imprisonment for 2 years”.
[38] Section 204 Impersonation of police officers
Omit the section.
[39] Section 204A Use of “police” in operating name
Omit “Business Names Act 1962” from section 204A (5).Insert instead “Business Names Act 2002”.
[40] Section 204B Consents for the purposes of section 204A
Omit “Business Names Act 1962” from section 204B (5) (b) (ii).Insert instead “Business Names Act 2002”.
Omit “Director-General of the Department of Fair Trading”.Insert instead “Commissioner for Fair Trading, Department of Commerce”.
[42] Section 204B (5), note and (6)
Omit “Director-General of Fair Trading” wherever occurring.Insert instead “Commissioner for Fair Trading, Department of Commerce”.
[43] Section 204B (5), paragraphs (a) and (b) of the note
Omit “Director-General” wherever occurring.Insert instead “Commissioner for Fair Trading”.
[44] Section 216AA Special risk benefit where student of policing hurt while undergoing police education
Omit the definitions of police education course and student of policing from section 216AA (6).
Omit “NSW Police” from section 219 (2) (i).Insert instead “the NSW Police Force or students of policing”.
Omit the section. Insert instead:(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.
[47] Schedule 2 NSW Police senior executive positions
Omit the Schedule.
[48] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Insert at the end of the Schedule with appropriate Part and clause numbers:Part Provisions consequent on enactment of Police Amendment (Miscellaneous) Act 2006
In this Part:amending Act means the Police Amendment (Miscellaneous) Act 2006.
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.(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.