1 Name of Act
2 Commencement
3 Definitions
4 Establishment of NSW Police Force
5 Composition of NSW Police Force
6 Mission and functions of NSW Police Force
7 Statement of values of members of NSW Police Force
8 Commissioner to manage and control NSW Police Force
9 (Repealed)
10 Positions in NSW Police Force
11 Designation of police officers
12 Ranks and grades of police officers
13 Oath to be taken by persons exercising police functions
14 Additional functions of police officers
15–23(Repealed)
Part 4 The Commissioner of Police
24 Appointment of Commissioner
25 Acting Commissioner
26 Term of appointment of Commissioner
27 Employment and remuneration of Commissioner
28 Removal of Commissioner
29 (Repealed)
30 Vacation of office by Commissioner
31 Delegation by Commissioner
Part 5 NSW Police Force Senior Executive Service
32 Definitions
Division 2 Composition of NSW Police Force Senior Executive Service
33 Composition of NSW Police Force Senior Executive Service
34 Positions that may be determined to be executive positions
35 (Repealed)
Division 3 Appointment of executive officers
36 Appointments to executive positions
37 Acting appointments to executive positions
38 Advertising of vacancies
38A (Repealed)
39 Appointment to be made on merit
39A Eligibility lists
Division 4 Employment of executive officers
40 Term appointments
41 Employment of executive officers to be governed by contract of employment
42 Matters regulated by contract of employment
43 Performance reviews
44 Industrial arbitration and legal proceedings excluded
Division 5 Remuneration of executive officers
45 Definitions
46 Monetary remuneration and employment benefits for executive officers
47 Travelling and subsistence allowances etc
Division 6 Removal, retirement etc of executive officers
48 Definitions
49 Vacation of executive positions
50 Incapable executive officer may be retired
51 Removal of executive officers from office
52 Right to return to public sector for certain executive officers
53 Compensation where executive officer has no right to return to public sector
54 Election to take compensation
55 Appointment of incumbent officers to executive positions
56 Incumbent officers—accrued leave
57 Change in status of positions
58 Change in title of positions
59 Approval to engage in other paid employment
60 Executive officer mobility
61 Operation of Part
Part 6 Non-executive police officers
62 Officers to whom Part applies
63 Definitions
Division 2 Appointment of non-executive police officers
64 Appointments to non-executive police officer positions
65 Filling non-executive positions by either police or administrative officers
66 Appointments to be made on merit
66A Acting appointments to non-executive police officer positions
67 Temporary appointments
68 Statutory declaration as to misconduct
69 Transfer of non-executive police officers
70 Promotion lists
71 Integrity matters
72 Vacation of non-executive police officer positions
72A Incapable non-executive police officer may be retired
73 Approval to engage in other paid employment
Division 3 Term of office of non-executive commissioned police officers
74 Five year term contracts
75 Entitlement to further terms
76 Ground for decision not to re-appoint
77 Performance reviews
78 Promotion, transfer and re-appointment following resignation
79 Powers of dismissal, removal and suspension not affected
Division 4 Appointment and promotion of constables
80 Appointment and promotion of constables
Part 6A Non-executive administrative officers
81 Officers to whom Part applies
82 Definitions
Division 2 Appointment of non-executive administrative officers
82A Appointments to non-executive administrative officer positions
82B Advertising of vacancies
82C Appointment on merit
82D Acting appointments to non-executive administrative officer positions
82E Transfer of non-executive administrative officers
82F Eligibility lists
82G Integrity matters
82H Vacation of non-executive administrative officer positions
82HA Incapable non-executive administrative officer may be retired
82I Approval to engage in other paid employment
82J Eligibility of non-executive administrative officers for appointment to Public Service
Division 3 Promotion appeals by non-executive administrative officers to GREAT
83 Appeal to GREAT against promotions of administrative officers
Part 6B Industrial matters relating to non-executive officers
84 Application of Part
85 Commissioner to be employer for industrial matters
86 Commissioner may determine salary, wages etc
87 Commissioner may enter into agreements
88 Industrial arbitration or legal proceedings excluded in relation to appointments
89 (Repealed)
Part 7 Temporary employees of NSW Police Force
90 Appointment of temporary employees
91 Period of employment
91AA Employment after selection on merit
91A Appointment of long-term temporary employees to permanent positions
Part 8 General provisions relating to employment of all members of NSW Police Force
Note
92, 93 (Repealed)
94 Requirements as to citizenship
94A (Repealed)
95 Arrangements for use by NSW Police Force of staff of other agencies
95A Arrangements for use by other agencies of members of NSW Police Force
96 (Repealed)
96A Finger printing and hand printing of applicants—police officers
97 Periodic financial and integrity statements to be furnished
97A Confidentiality of financial statements
98 Recognition of commissioned officers
99–120 (Renumbered as secs 200–221)
Part 8A Complaints about conduct of police officers
121 Definitions
122 Application of Part to certain complaints
123 Application of Part to former police officers
124 Application of Part to anonymous complainants
125 Relationship with Police Integrity Commission Act 1996
Division 2 Procedure for making complaints
126 Right to make complaint
127 Making of complaints
Division 3 Complaints information system
128 Complaints information system
129 Registration of complaints
Division 4 Reference of complaints between authorities
130 Complaints received by Commissioner
131 Complaints received by Police Integrity Commission
132 Complaints received by Ombudsman
133 Complaints lodged at Local Courts
134 Complaints referred by ICAC or NSW Crime Commission
135 Complaints referred by Minister
136 Complaints made by member of Parliament
137 Multiple handling of complaints
138 Action on complaint not affected by failure to comply with Division
Division 5 Investigation by Commissioner
139 Decision of Commissioner as to investigation of complaint
140 Decision of Ombudsman as to investigation of complaint
141 Factors affecting decision as to investigation of complaint
142 Ombudsman may request further information from complainant
143 Ombudsman may request further information from other persons
144 Investigation of complaints
145 Conduct of investigation
146 Ombudsman may monitor investigation
147 Ombudsman’s and Commissioner’s reports to complainant
148 Proceedings to be instituted if warranted
148A Commissioner or Ombudsman may decide to take no further action
149 Other police investigations not affected
Division 6 Procedures following investigation by Commissioner
150 Information to be sent to complainant and Ombudsman
151 Ombudsman may request information concerning complaint and conduct complained of
152 Ombudsman may request information concerning investigation of complaint
153 Ombudsman may request further investigation of complaint
154 Ombudsman may request review of Commissioner’s decision on action to be taken on complaint
155 Ombudsman may report on Commissioner’s decision on Ombudsman’s request
Division 7 Investigation by Ombudsman
156 Investigation of complaint under Ombudsman Act 1974
157 Report following Ombudsman’s investigation
158 Notification of proposed action on reports
159 Investigation of conduct not the subject of a complaint
Division 8 Additional provisions concerning Ombudsman
160 Inspection of records and reports
161 Special reports by Ombudsman
161A Ombudsman may omit matter from reports
162 Consultation with Minister
163 Ombudsman not to publish certain information
164 Application of section 34 of Ombudsman Act 1974
165 Ombudsman and officers of Ombudsman not competent or compellable witnesses in respect of certain matters
166 Limitation on delegation of functions by Ombudsman
167 Exercise of Ombudsman’s functions by officers of Ombudsman
167A Offence of making false complaint about conduct of police officer or giving false information
168 (Repealed)
169 Provisions relating to reports furnished to Parliament
169A Identity of complainant not to be disclosed
170 Certain documents privileged
171 Part not to affect police officers’ other powers and duties
172 Use of Federal and interstate police for investigations
Part 9 Management of conduct within NSW Police Force
Division 1 Misconduct and unsatisfactory performance
173 Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance
Division 1A Review of Commissioner’s order under Division 1
174 Review generally
175 Proceedings on a review
176 Conciliation of applications
177 Arbitration where conciliation unsuccessful
178 Rules of evidence and legal formality
179 Application of Industrial Relations Act 1996
180 Matters relating to evidence
181 Application of Division to both reviews and appeals from review decisions
181A–181C (Repealed)
Division 1B Summary removal of police officers in whom Commissioner does not have confidence
181D Commissioner may remove police officers
Division 1C Review of Commissioner’s decision under Division 1B
181E Review generally
181F Proceedings on a review
181G Application of Industrial Relations Act 1996 to reviews
181H Commissioner and members of Commissioner’s Advisory Panels compellable witnesses only by leave
181I Matters relating to evidence
181J Application of Division to both reviews and appeals from review decisions
181K Constitution of Commission for the purposes of Division 1C
Division 2 Resignation of police officers on recommendation of Police Integrity Commission
182 Acceptance of resignation of police officers in certain cases
183 (Repealed)
Division 2A Revocation of promotional appointment because of misconduct in obtaining promotion
183A Revocation of promotional appointment by Commissioner
183B Making of revocation orders
183C Effect of revocation order
183D Review of revocation orders
183E Restriction on delegation of Commissioner’s functions
Division 3 Miscellaneous provisions
184 Conduct and performance of administrative officers
184A Consultation with Police Integrity Commission before certain action is taken
185 Disciplinary appeals to GREAT by non-executive administrative officers
186 Appeal to GREAT relating to leave when hurt on duty
187 Transitional
188–199 (Repealed)
Part 10 Offences relating to NSW Police Force
200 Bribery or corruption
201 Neglect of duty etc
202 Admission to NSW Police Force as police officer under false pretences
203 Wearing or possession of police uniforms by others
204 (Repealed)
204A Use of “police” in operating name
204B Consents for the purposes of section 204A
205 Use of police designations by others
206 Protection against reprisals
207 Proceedings for offences
Part 10A Integrity testing of police officers
207A Commissioner may conduct integrity testing programs
Part 11 Charges for police services
208 Charges payable for attendance at sporting events, escorts and other services
209 Charges payable for false security alarms
210 Recovery of charges
211 Waiver or reduction of charges
211A Testing of police officers for alcohol and prohibited drugs
211AA Testing of officers for steroids
211AB Testing of police officers for gunshot residue
211B Code of behaviour regarding the consumption of alcohol and the use of prohibited drugs or steroids
211C Reviews of certain decisions under Act by Administrative Decisions Tribunal
211D Use of statements made by police officers during alternative dispute management procedures
211E Disclosure of information concerning former Police Board functions
212 Crown bound by this Act
213 Protection from personal liability
214 Repute to be evidence of appointment of police officer
215, 216 (Repealed)
216AA Special risk benefit where student of policing hurt while undergoing police education
216A Determination by District Court
217 Ministerial inquiries
218 Industrial Relations Act 1996 not affected
218A Police Band
219 Regulations
220 Repeals
221 Savings, transitional and other provisions
222 Review of Act
223 Review of Commissioner’s powers
Schedule 1 Non-reviewable action