Queensland: Police Service Administration Act 1990 (Qld)

Police Service Administration Act 1990 An Act to provide for the Queensland Police Service and its administration Part 1 Preliminary 1.1 Short title This Act may be cited as the Police Service Administration Act 1990. 1.2 Commencement (1) Section 1.1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), the provisions of this Act, or such of them as are specified in the proclamation, commence on the day or days appointed by proclamation for commencement of those provisions. 1.3 Objects The objects of this Act are to provide for the following— (a) the maintenance of the Queensland Police Service; (b) the membership of the service; (c) the development and administration of the service. 1.4 Definitions The dictionary in schedule 2 defines particular words used in this Act. 1.5 Meaning of tenure not limited by time A person is appointed to a position on a tenure not limited by time if the appointment does not specify an appointment period. 1.6 [Repealed] Part 2 Queensland Police Service 2.1 Maintenance of service There is to be maintained at all times in the State a body of persons under the name and style 'Queensland Police Service'. 2.2 Membership of service (1) The Queensland Police Service consists of police officers, police recruits and staff members. (2) Police officers are— (a) the commissioner of the police service; (b) the persons holding appointment as an executive police officer; (c) the persons holding appointment as a commissioned police officer; (d) the persons holding appointment as a noncommissioned police officer; (e) the persons holding appointment as a constable; (f) the persons holding appointment as a special constable (State officer). 2.3 Functions of service The functions of the police service are the following— (a) the preservation of peace and good order— (i) in all areas of the State; and (ii) in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands; (b) the protection of all communities in the State and all members thereof— (i) from unlawful disruption of peace and good order that results, or is likely to result, from— (A) actions of criminal offenders; (B) actions or omissions of other persons; (ii) from commission of offences against the law generally; (c) the prevention of crime; (d) the detection of offenders and bringing of offenders to justice; (e) the upholding of the law generally; (f) the administration, in a responsible, fair and efficient manner and subject to due process of law and directions of the commissioner, of— (i) the provisions of the Criminal Code; (ii) the provisions of all other Acts or laws for the time being committed to the responsibility of the service; (iii) the powers, duties and discretions prescribed for officers by any Act; (g) the provision of the services, and the rendering of help reasonably sought, in an emergency or otherwise, as are— (i) required of officers under any Act or law or the reasonable expectations of the community; or (ii) reasonably sought of officers by members of the community; (h) the provision of services for the security of state buildings. 2.3A Presence of police officers at fire or hazardous materials emergency (1) On receiving information of the occurrence of an incident requiring the attendance of fire service officers, the commissioner or the police officer in charge, at the time, of the police station nearest to the location of the incident must immediately send as many police officers as are considered necessary to preserve order and to help at the incident. (2) In this section— incident means— (a) a fire; or (b) a hazardous materials emergency under the Fire Services Act 1990. 2.3AA Responsibility for command At any incident— (a) that calls for action by police; and (b) at which officers are present; the officer who is responsible for taking such action, and for action taken, is the senior officer who is present. 2.4 Community responsibility preserved (1) The prescription of any function as one of the functions of the police service does not relieve or derogate from the responsibility and functions appropriately had by the community at large and the members thereof in relation to— (a) the preservation of peace and good order; and (b) the prevention, detection and punishment of breaches of the law. (2) In performance of the functions of the police service, members of the service are to act in partnership with the community at large to the extent compatible with efficient and proper performance of those functions. 2.5 Administration of staff members (1) Staff members are— (a) officers of the public service assigned to perform duties in the police service; and (b) persons appointed as staff members by the commissioner under— (i) section 8.3(5); or (ii) the Public Sector Act 2022, chapter 4, part 2; and (c) protective services officers and protective services officers (in training); and (d) MRQ members; and (e) SES members. (2) While performing duties in or for the service, a staff member is subject to the commissioner's directions. 2.5A Officers etc. employed under this Act Police officers, police recruits and special constables are employed under this Act and not the Public Sector Act 2022. Part 3 Police officers' powers and duties related to those of constable 3.1 Meaning of officer in part In this part— officer includes a special constable (associate). 3.2 Relation to office of constable (1) Subject to section 2.3AA where it applies, in performance of the duties of office, an officer is subject to the directions and orders of the commissioner and to the orders of any superior officer. (2) A noncommissioned officer or a constable has and may exercise the powers, and has and is to perform the duties of a constable at common law or under any other Act or law. (3) An officer other than one referred to in subsection (2) has and may exercise the powers of a constable at common law or under any other Act or law. (4) Except as prescribed by this section and section 6.4, this Act does not, in relation to any officer, derogate from the powers, obligations and liabilities of a constable at common law or under any other Act or law. (5) This section— (a) applies to a special constable (State officer) subject to section 5.16A(4); and (b) applies to a special constable (associate) subject to section 5.16B(1)(c). 3.3 Oath of office Before a person begins to perform duty as an officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation. 3.4 Proof of office If a question arises as to a person's identity as an officer, or to a person's entitlement to exercise the powers or to perform the duties of an officer— (a) the general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and (b) the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer. 3.5 [Repealed] 3.6 [Repealed] 3.7 Termination of powers Powers had by a person as an officer terminate immediately on the person ceasing, by whatever means, to be an officer. Part 4 Commissioner of the Queensland Police Service 4.1 Establishment of office There is hereby established the office of the commissioner of the police service. 4.2 Appointment (1) The Governor in Council may, on a recommendation agreed to by the chairperson of the Crime and Corruption Commission, appoint an appropriate person as commissioner of the police service. (2) The appointment is to be made by gazette notice. 4.3 Conditions of appointment (1) The conditions on which an appointment as commissioner is held— (a) are such as are for the time being agreed by the Minister and the chairperson of the Crime and Corruption Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (2) If an offer of a contract of employment as commissioner on conditions in writing agreed to by the chairperson of the Crime and Corruption Commission and approved by the Governor in Council in relation to the appointment, is made to a person before that person's appointment as commissioner, the person, on accepting appointment as commissioner, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 4.4 Term of appointment The commissioner is to be appointed for a term not less than 3 years or more than 5 years. 4.5 Removal and suspension of commissioner (1) The office of the commissioner becomes vacant if the commissioner— (a) dies; or (b) resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or (c) is removed from office in accordance with this section. (2) The commissioner may be removed from office pursuant to the contract that governs the commissioner's employment or if the commissioner has breached the contract of employment. (3) Additional grounds on which the commissioner may be removed from office are the following— (a) incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; (b) incompetence in performing, or neglect of the duties of office; (c) a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner's dismissal; (d) conviction in the State of an indictable offence (whether on indictment or summarily); (e) imprisonment for any offence. (4) If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by— (a) the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or (b) in default of exercise of the authority conferred by paragraph (a), the Governor, on an address from the Legislative Assembly praying for the commissioner's removal from office. (5) If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3)(d), the Governor in Council may suspend the commissioner from office. (6) If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4). 4.6 Communications between Minister and commissioner (1) The commissioner— (a) is to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and (b) may at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service. (2) The Minister, having regard to advice of the commissioner first obtained, may give, in writing, directions to the commissioner concerning— (a) the overall administration, management, and superintendence of, or in the police service; and (b) policy and priorities to be pursued in performing the functions of the police service; and (c) the number and deployment of officers and staff members and the number and location of police establishments and police stations. (3) The commissioner is to comply with all directions duly given under subsection (2). 4.7 Recording and publication of communications (1) The commissioner is to keep a register in which are to be recorded— (a) all reports and recommendations made to the Minister under section 4.6(1)(a); and (b) all directions given in writing to the commissioner under section 4.6(2); and (c) all reasons tabled by the Minister under the Crime and Corruption Act 2001, section 64. (2) Within 28 days following 31 December in each year, the commissioner is to have prepared a copy of the register, which copy, being certified by the commissioner as a true copy of the register, is to be furnished forthwith to the chairperson of the Crime and Corruption Commission, with or without comment of the commissioner. (3) Within 28 days following receipt of the certified copy of the register, the chairperson is to give the copy together with comments of the commissioner relating thereto, and with or without further comment of the chairperson, to the chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly. (4) The chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly is to table in the Legislative Assembly— (a) the certified copy of the register; and (b) all comment relating thereto; within 14 sitting days after the chairperson's receipt thereof. 4.8 Commissioner's responsibility (1) The commissioner is responsible for— (a) the efficient and proper administration, management and functioning of the police service in accordance with law; and (b) without limiting paragraph (a), the efficient and proper administration, management and functioning of— (i) Marine Rescue Queensland under the Marine Rescue Queensland Act 2024; and (ii) the State Emergency Service under the State Emergency Service Act 2024. (2) Without limiting subsection (1), a regulation may prescribe— (a) particular matters within the scope of the prescribed responsibility; or (b) additional responsibilities of the commissioner. (3) The commissioner is authorised to do, or cause to be done, all such lawful acts and things as the commissioner considers to be necessary or convenient for the efficient and proper discharge of the prescribed responsibility. (4) In discharging the prescribed responsibility, the commissioner— (a) is to comply with all relevant industrial instruments and determinations and rules made by an industrial authority; and (b) subject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and (c) is to have regard to section 4.6 and ministerial directions duly given thereunder; and (d) is to discharge the responsibility in relation to such matters as are prescribed for the time being. 4.9 Commissioner's directions (1) In discharging the prescribed responsibility, the commissioner may give, and cause to be issued, to officers, staff members or police recruits, such directions, written or oral, general or particular as the commissioner considers necessary or convenient for the efficient and proper functioning of the police service. (2) A direction of the commissioner is of no effect to the extent that it is inconsistent with this Act. (3) Subject to subsection (2), every officer or staff member to whom a direction of the commissioner is addressed is to comply in all respects with the direction. (4) A direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers. (5) In all proceedings— (a) a document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and (b) a direction under subsection (1) is to be taken as effectual until the contrary is proved. 4.10 Delegation (1) The commissioner may delegate powers of the commissioner under this Act or any other Act to any of the following— (a) a police officer; (b) a staff member; (c) the Inspector-General of Emergency Management under the Disaster Management Act 2003; (d) the commissioner under the Fire Services Act 1990; (e) an appropriately qualified person employed in— (i) the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003; or (ii) Queensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990. (2) Without limiting subsection (1), the commissioner may also, under subsection (1), delegate powers of the commissioner to discharge the prescribed responsibility. (3) A delegation of a power of the commissioner may permit the subdelegation of the power to another person mentioned in subsection (1). (4) Proof of a delegation by the commissioner under subsection (1) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date. (5) The notice must be in the approved form. 4.11 Acting as commissioner (1) The Minister may appoint an appropriate person to act as commissioner— (a) whenever there is a vacancy in the office of commissioner; or (b) during a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity. (2) The commissioner may appoint an appropriate person to act as commissioner during another period when the commissioner is absent from duty or can not perform the duties of the office. (3) The remuneration payable to a person who acts as commissioner must not be more than the remuneration payable to the commissioner. 4.12 Commissioner's official seal (1) The commissioner has an official seal. (2) All courts and persons acting judicially are to take judicial notice of the following— (a) the signature of the commissioner or any person who at any time was the commissioner; (b) the fact that the commissioner has, or any such person had, an official seal; (c) the official seal of the commissioner or any such person; if the signature or seal appears on a document made for the purposes of judicial proceedings or on a document purporting, or seeming, to have been made for the purposes of this Act. Part 5 Appointment of personnel Division 1 Officers and other police personnel 5.1 Ranks The ranks of officers are the ranks declared by regulation. 5.2 Appointment to be on merit on impartial procedures (1) In this section— transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary. (2) A decision to appoint a person, other than an executive officer, as a police recruit or to a police officer position, or to appoint an executive officer to a police officer position or rank, must be made by fair and equitable procedures that— (a) include inviting applications and selection on the basis of the merit of applicants; and (b) prevent unjust discrimination, whether in favour of or against a person. (3) However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2)(a). (4) Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer. (5) For the purposes of this section merit of an officer comprises— (a) the integrity, diligence and good conduct of the officer; and (b) the potential of the officer to discharge the duties of the position or rank in question; and (c) the industry shown by the officer in performance of the duties of office in the course of the officer's career; and (d) the physical and mental fitness of the officer to perform the duties of the position or rank in question. (6) For the purpose of determining the potential of an officer to discharge the duties of a position or rank the following factors must be taken into account— (a) the performance of duties of office in the course of the officer's career; (b) the range of practical experience of the officer in the service or outside the service; (c) the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question; (d) any relevant academic, professional or trade qualifications of the officer. 5.3 Executive officers (1) The Governor in Council may appoint as executive officers such persons as are recommended by the commissioner for appointment. (2) The number of positions as executive officer is to be such as is, for the time being, necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility and is recommended by the commissioner. 5.4 Conditions of employment (1) An appointment to a position as executive officer, including by way of promotion, is to be on the basis of full-time employment. (2) The conditions on which an appointment as executive officer is held— (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (3) If an offer of a contract of employment as an executive officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person's appointment as executive officer, the person, on accepting appointment as executive officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.5 Acting as executive officer (1) The commissioner may appoint an appropriate person to act as executive officer during— (a) any vacancy, or all vacancies, in the office of executive officer; or (b) any period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office. (2) The remuneration payable to a person who acts as an executive officer must not be more than the remuneration payable to the executive officer. 5.6 Other appointments The commissioner may appoint such number of persons to be commissioned officers, noncommissioned officers, constables or police recruits as is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility. 5.7 Conditions of employment of commissioned officers (1) Appointment to a position as a commissioned officer, including by way of promotion— (a) if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or (b) in the case of any other position—is to be on the basis of full-time employment. (2) A person— (a) is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c); (b) if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure; (c) if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— (i) upon a tenure not limited by time; or (ii) for a limited duration of tenure. (3) The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis— (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (4) If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person's appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.8 Acting as commissioned officer (1) The commissioner may appoint an appropriate person to act as a commissioned officer during— (a) any vacancy, or all vacancies, in the office of commissioned officer; or (b) any period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office. (2) The remuneration payable to a person who acts as a commissioned officer must not be more than the remuneration payable to a person appointed to the office. (3) While a person acts as a commissioned officer, the person is relieved of the duties of a constable at common law or under any Act or law. 5.9 Conditions of employment of noncommissioned officers and constables (1) Appointment to a position as a noncommissioned officer or constable, including by way of promotion— (a) is to be on the basis of full-time employment, if the position is not one referred to in paragraph (b); (b) if the position is prescribed as one, or one of a class, open to appointment on a part-time basis—may be on the basis of part-time employment. (2) A person— (a) is to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure not limited by time, if the position is not one referred to in paragraph (b); (b) if the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure—may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure. 5.10 Officer's election on termination of certain appointments (1) If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because— (a) the contract or tenure has expired and has not been renewed; or (b) the contract or tenure is terminated otherwise than by reason of— (i) the officer's resignation from the service or retirement from the service; or (ii) disciplinary action against the officer; and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section. (2) The requirements referred to in subsection (1) are— (a) the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; (b) the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous. (3) If a person makes an election under subsection (1), the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1), or a rank prescribed for the time being to be equivalent to that rank. (4) If a person makes an election under subsection (1), the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1). (5) An election made under subsection (1)— (a) must be made in writing signed by the elector and given to the commissioner within 14 days following— (i) expiry of the contract or tenure in question; or (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and (b) when duly made, has the effect that the elector's service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section. (6) If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5)(b) has operation subject to this subsection. 5.11 Conditions of employment of police recruits (1) The conditions of employment of a police recruit— (a) are as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (2) If an offer of a contract of employment as a police recruit on conditions in writing approved by the commissioner in relation to the appointment, including the grounds on which the employment may be continued and discontinued, is made to a person before that person's appointment as a recruit, the person, on accepting appointment as a recruit, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.12 Appointment on probation (1) This section does not apply in relation to an appointment as an officer made on a contract basis. (2) An appointment as an officer of a person who was not an officer immediately before the appointment is an appointment on probation— (a) for a period not less than 12 months determined by the commissioner; or (b) in the absence of such a determination, for a period of 12 months. (3) Unless the position as an officer is advertised in the Queensland Police Gazette as one to which appointment is to be made without a period of probation, an appointment of an officer to a position on promotion is an appointment on probation— (a) for a period not less than 6 months determined by the commissioner; or (b) in the absence of such a determination—for a period of 6 months. (4) The commissioner may— (a) in respect of an appointee referred to in subsection (2)— (i) at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or (b) in respect of an appointee referred to in subsection (3) whose appointment is on probation— (i) at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment. (5) If an appointment is terminated under subsection (4)(b), the person who was the appointee is to be retained in employment as an officer at a level of salary not less than the level of salary of the person immediately before the appointment that is terminated until— (a) the person is appointed to another position in the service; or (b) the person is otherwise dealt with under this Act. 5.13 Officer not to refuse transfer, but may object (1) A police officer who is transferred to a position must accept the transfer, even if the officer has not applied for it. (2) However, if the officer did not apply for the transfer, the officer may— (a) object to the transfer under section 5.13A; or (b) apply for a review of the transfer under section 9.3. 5.13A Objection to transfer (1) If a police officer is transferred to a position without applying for the transfer, the officer may object to the transfer by giving the commissioner written reasons for the objection within 14 days of receiving written notice of the transfer. (2) The commissioner may allow or reject the objection. (3) If the commissioner allows the objection, the transfer stops having effect. (4) If the commissioner rejects the objection, the commissioner must give the officer written reasons for the rejection. (5) This section— (a) does not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review); but (b) does limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review. (6) If an officer objects to a transfer under this section, the time allowed by regulation for an application for a transfer review does not start to be counted until the day the commissioner gives the officer written reasons under subsection (4). (7) If an officer applies for a transfer review, the officer can not start or proceed further with an objection under this section. 5.13B Delay in attendance for duty on directed transfer to allow for objection and review (1) If a police officer is transferred to a position, the commissioner can not direct the officer to attend for duty in the position until— (a) after the time allowed for an objection under section 5.13A(1) has ended; and (b) if the officer objects to the transfer—the commissioner decides the objection. (2) If— (a) the officer objects to the transfer under section 5.13; and (b) the commissioner rejects the objection; the commissioner can not direct the police officer to attend for duty until after the time allowed by regulation for an application to a commissioner for police service reviews for a review of the transfer has ended. (3) Despite section 9.2, if the officer applies to a commissioner for police service reviews for a review of the transfer, the commissioner can not direct the officer to attend for duty— (a) if the officer then withdraws the application—until at least 14 days after the withdrawal; or (b) if the officer does not withdraw the application and the commissioner decides under section 9.5 to proceed with the transfer—until at least 14 days after the day the officer receives written notice of the commissioner's decision. (4) This section does not limit the commissioner's powers to direct an officer to attend for duty in a position in circumstances the commissioner considers are urgent. 5.13C [Repealed] 5.14 Calculation of continuous service as officer (1) For the purpose of calculating continuous service of an officer, continuous service had by a person— (a) as an officer; and (b) as the holder of any prescribed office, offices or class of office under the Crown in any of its capacities; where the service had as an officer and the service had as such holder are themselves continuous, are to be taken to constitute continuous service as an officer. (2) A person who has continuous service as an officer pursuant to subsection (1), while the person continues as an officer, retains and may claim against the Crown in right of the State in respect of all benefits and entitlements that have accrued to the person throughout the continuous service. (3) If the regulations prescribe requirements to be met, if service of an officer is to be taken as continuous, service or services referred to in this section is, or are, not continuous unless it accords, or they accord, with the regulations, and subsection (1) has operation subject to this subsection. (4) For the purpose of calculating continuous service of an officer, a period of service as a special constable (State officer) is to be disregarded. 5.15 Officer as employee of Crown An officer, other than one who holds appointment on a contract basis, is taken— (a) to be an employee of the Crown; and (b) to be within the application of the Industrial Relations Act 2016 to employees of the Crown as provided by that Act. 5.16 Appointment of special constables (1) The commissioner may make as many appointments of special constables as, in the commissioner's opinion, are necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility. (2) The commissioner may, in writing, appoint a person as a special constable on the terms and conditions the commissioner considers appropriate. (3) An appointment must be as— (a) a special constable (State officer); or (b) a special constable (associate). 5.16A Special constables (State officer) (1) Appointment as a special constable (State officer) is to be on the basis of employment other than full-time or part-time employment. (2) The commissioner may at any time, by written notice given to a special constable (State officer), revoke or vary the special constable's appointment. (3) A special constable (State officer) is entitled to the salary, allowances and other remuneration that are— (a) provided for in the special constable's instrument of appointment; or (b) prescribed by regulation. (4) The powers of a special constable (State officer) may be limited by the special constable's instrument of appointment. (5) Despite section 1.4, definition senior officer— (a) a special constable (State officer) is the senior officer in relation to a constable on probation; and (b) an officer other than a constable on probation is the senior officer in relation to a special constable (State officer). (6) In this section— constable on probation means a constable whose appointment is on probation under section 5.12. 5.16B Special constables (associate) (1) A special constable (associate)— (a) is not an employee of the State or of the commissioner; and (b) is not entitled to salary, allowances or other remuneration, except as provided for in the special constable's instrument of appointment; and (c) has the powers and duties of an officer, under this Act or another Act, as specified in the special constable's instrument of appointment, and no other. (2) Subject to subsection (1), relevant provisions and other Acts apply to a special constable (associate) as if the special constable were an officer. (3) In this section— relevant provision means a provision of this Act relating to an officer that may be reasonably applied to a special constable (associate). 5.16C Exclusion of matters about special constables from review under other Acts (1) This section applies to the following matters (each an excluded matter)— (a) a decision to appoint or not to appoint a person as a special constable; (b) a decision to revoke or vary a person's appointment as a special constable; (c) the terms and conditions of a person's appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled; (d) a decision about a matter mentioned in paragraph (c). (2) An excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016. (3) Without limiting subsection (2), an industrial instrument does not apply to a person appointed as a special constable. (4) Subsections (2) and (3) apply despite section 5.15(b). (5) However, subsection (2) does not affect the Industrial Relations Act 2016, section 471. (6) Unless the Supreme Court decides an excluded decision is affected by jurisdictional error, the decision— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. (7) The Judicial Review Act 1991, part 5 applies to an excluded decision to the extent it is affected by jurisdictional error. (8) In this section— appoint, in relation to a special constable (State officer), includes employ. decision includes a decision or conduct leading up to or forming part of the process of making a decision. excluded decision means a decision that is an excluded matter. 5.17 Authorisation of non-State police officers (1) This section applies if the commissioner reasonably believes— (a) a terrorist act has been committed or there is an imminent threat of a terrorist act; and (b) the help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and (c) it is impracticable in the circumstances to appoint the officer as a special constable. (2) The commissioner may authorise the non-State police officer to exercise the powers of a police officer under— (a) the police Acts specified in the authorisation; or (b) all police Acts. (3) The authorisation must name the non-State police officer. (4) The authorisation— (a) may be limited to stated powers; and (b) may be limited to a stated time; and (c) may be given on conditions. (5) The authorisation may be given orally or in writing but, if given orally, must be put in writing as soon as reasonably practicable. (6) A failure to put the authorisation in writing does not invalidate the authorisation or anything done under the authorisation. (7) While the authorisation is in force, the non-State police officer may exercise the powers only— (a) in accordance with the authorisation; and (b) subject to the directions of the commissioner or another State police officer. (8) Each empowering Act applies to the non-State police officer, in relation to the exercise of the powers, as if the officer were a State police officer. (9) The commissioner must ensure that, as soon as practicable after the authorisation is given, the non-State police officer is given an appropriate explanation of the officer's powers and responsibilities under each empowering Act. (10) Part 10 applies to the non-State police officer as if the officer were a State police officer. (11) The commissioner must revoke the authorisation as soon as the commissioner is satisfied the non-State police officer's help is no longer needed. (12) The revocation may be made orally or in writing but, if made orally, must be put in writing as soon as reasonably practicable. (13) A failure to put the revocation in writing does not invalidate the revocation. (14) The commissioner may only delegate the commissioner's authorisation power to a State police officer of the rank of at least assistant commissioner. (15) The commissioner must include, in the annual report for a financial year, the following information about any authorisations made under this section during the financial year relating to a terrorist act or threat— (a) the nature of the act or threat; (b) the number of non-State police officers authorised and the police force or service of which they were members; (c) when the authorisations started and ended; (d) the empowering Acts under the authorisations; (e) the functions performed by the officers; (f) the results of the authorisations, including benefits and problems. (16) This section does not purport to confer a duty on a federal police officer to perform a function, or to exercise a power, if the conferral of the duty would be beyond the legislative power of the Parliament of the State. (17) In this section— authorisation power means the power to give or revoke an authorisation under this section. empowering Act means— (a) for an authorisation under subsection (2)(a)—a police Act specified in the authorisation; or (b) for an authorisation under subsection (2)(b)—a police Act. federal police officer means a member of the Australian Federal Police. non-State police officer means a police officer of a police force or service of another State or a federal police officer. police Act means a Queensland Act that confers a power on a police officer. State police officer means a police officer of the Queensland Police Service. terrorist act see the Police Powers and Responsibilities Act 2000, section 211. Division 2 Watch-house officers 5.18 Appointment of watch-house officers (1) This section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer. (2) The commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer. (3) A person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person— (a) has completed a course of training approved by the commissioner for the purpose; or (b) possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer. Note— Staff members may include persons appointed under the Public Sector Act 2022 or section 8.3(5) but do not include police officers. Division 3 Protective services officers 5.19 Appointment of protective services officers (1) The commissioner may appoint a person, other than a police officer, to be— (a) a protective services officer; or (b) a protective services officer (in training). (2) The commissioner may appoint the person as a protective services officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions of a protective services officer. (3) A person is appropriately qualified to perform the functions of a protective services officer only if the commissioner is satisfied the person— (a) has the qualifications, experience or standing appropriate to perform the functions of a protective services officer; or (b) has completed a course of training approved by the commissioner for the purpose of this section. (4) Protective services officers and protective services officers (in training) are employed under the Public Sector Act 2022 and not under this Act. 5.20 Ranks The ranks of protective services officers are the ranks declared by regulation. 5.21 Issue of identity card (1) The commissioner must issue an identity card to each protective services officer. (2) The identity card must— (a) state the protective services officer's name; and (b) contain a recent photograph of the protective services officer; and (c) identify the person the subject of the identity card as a protective services officer; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes. 5.22 Oath of office for protective services officers Before a person begins to perform duty as a protective services officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation. 5.23 Functions of protective services officers (1) The primary function of protective services officers is to carry into effect the systems formulated for the security of state buildings, including, for example, the systems for the entry of vehicles into state buildings and the parking of the vehicles. (2) Also, the functions of protective services officers include— (a) providing services, on a commercial basis, for a building (other than a state building) under a contract entered into by the State; and (b) exercising a power given to protective services officers under this Act or another Act; and (c) another function given to protective services officers under this Act or another Act. 5.24 Duties of protective services officers (1) A protective services officer— (a) is subject to the directions and orders of the commissioner; and (b) if performing functions as a duty officer—must remain on duty in the state building until— (i) relieved from duty by another protective services officer; or (ii) authorised by the commissioner to leave the building. (2) Without limiting subsection (1)(a), if directed by the commissioner, a protective services officer must take up duty promptly in an emergency, unless the officer has a reasonable excuse. (3) To remove any doubt, it is declared that subsection (1)(b) does not prevent a protective services officer leaving a building to perform a function of the officer. Part 5A Alcohol and drug tests Division 1 General 5A.1 Object of pt 5A The objects of this part are— (a) to ensure appropriate steps are taken in the interests of the health and welfare of relevant persons; and (b) to enhance the public's confidence in the service and the integrity of the service in which relevant persons, including persons who are not members of the service, perform functions associated with, or ancillary to, the functions of the service. 5A.2 Definitions for pt 5A In this part— alcohol test means a test for deciding whether a relevant person is over the limit applying to the person when the test is conducted. analyst means a person who, under section 5A.4A, is appointed as an analyst. authorised person means— (a) in all cases—the commissioner or deputy commissioner; or (b) for an alcohol test or a random alcohol test— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or (c) for periodic testing of an operative— (i) the assistant commissioner; or (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or (d) for a test to be conducted because of section 5A.8(c)— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or (e) for section 5A.10 or section 5A.14— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. critical area means any of the following in which a police recruit or staff member performs functions for the police service— (a) a communications centre; (b) a driver training facility; (c) a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000, chapter 21, part 4; (d) a magazine used for storing explosives; (e) a police armoury or weapons collection facility; (f) a property point as defined under the Police Powers and Responsibilities Act 2000; (g) a watch-house; (h) a weapons training facility; (i) the unit known as the police air wing; (j) a place prescribed under a regulation as a critical area. critical incident means any of the following— (a) an incident in which an officer on duty discharges a firearm— (i) injuring a person; or (ii) in circumstances in which a person could be injured; (b) an incident in which a person in custody dies or suffers grievous bodily harm; (c) a workplace incident at a police station or police establishment in which a person— (i) dies or suffers grievous bodily harm; or (ii) suffers injuries for which the person is admitted to hospital; (d) an incident in which a person dies or suffers grievous bodily harm in the course of, or as a result of, police operations; Examples of police operations— • a vehicle pursuit • an evacuation (e) a vehicle pursuit in which a person suffers injuries for which the person is admitted to hospital. dangerous drug means a dangerous drug under the Drugs Misuse Act 1986. deputy commissioner means the executive officer holding rank as deputy commissioner. evidence, of a targeted substance in a person's urine or saliva, includes evidence of the presence of the following in the person's urine or saliva— (a) a targeted substance; (b) a substance that is used in a targeted substance; (c) a metabolite of a targeted substance. firearm does not include a firearm loaded with a projectile that is not designed to cause death or grievous bodily harm. Examples of a projectile that is not designed to cause death or grievous bodily harm— beanbag round, 40mm impact round general alcohol limit means the general alcohol limit under section 5A.6(1)(c). grievous bodily harm see the Criminal Code, section 1. low alcohol limit means the low alcohol limit under section 5A.6(1)(b). medical examination includes medical assessment and test, whether physical or mental. no alcohol limit means the no alcohol limit under section 5A.6(1)(a). operative means a police officer who is— (a) a participant in an authorised operation under the Police Powers and Responsibilities Act 2000, chapter 11; or (b) a covert operative for a controlled operation under the Crime and Corruption Act 2001, chapter 3, part 6A. over the limit, in relation to a relevant person, means the person is over the general alcohol limit, the low alcohol limit or the no alcohol limit applying to the person. random alcohol test means an alcohol test conducted under section 5A.9. relevant person see section 5A.3. saliva analysing instrument means an instrument, prescribed by regulation, for finding out whether a targeted substance is present in a person's saliva by analysing a specimen of the person's saliva. targeted substance means— (a) a dangerous drug; or (b) another substance mentioned in section 5A.4(c) or (d). targeted substance test means a test for deciding whether a relevant person has evidence of a targeted substance in the person's urine or saliva. vehicle pursuit means a police motor vehicle pursuit for the purpose of apprehending a person. 5A.3 Persons to whom pt 5A applies (1) This part, other than to the extent specified in section 5A.21A, applies only to a person (relevant person) who is— (a) an officer; or (b) a staff member, other than the following persons, whose duties include performing functions in a critical area— (i) an MRQ volunteer; (ii) an SES local government employee; (iii) an SES volunteer; or (c) a watch-house officer; or (d) a police radio and electronics technician; or (e) a recruit; or (f) a protective services officer; or (g) a protective services officer (in training). (2) However, for subsection (1)(b), if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member only if the member is a driver, instructor or mechanic at the facility. 5A.4 Substances to which pt 5A applies This part applies only in relation to the following substances— (a) alcohol; (b) a dangerous drug; (c) a regulated substance under the Medicines and Poisons Act 2019 that may impair a person's physical or mental capacity; (d) another substance that may impair a person's physical or mental capacity. 5A.4A Analysts The Minister may, by gazette notice, appoint an appropriately qualified person as an analyst for this part. 5A.4B Operators of saliva analysing instruments (1) The commissioner may authorise an appropriately qualified officer or staff member to operate a saliva analysing instrument under section 5A.14. (2) An authorisation may be— (a) general or limited; and Example— An authorisation may be limited to operating a saliva analysing instrument to analyse samples given by relevant persons of a stated class. (b) given on the conditions the commissioner considers appropriate. 5A.5 Part does not affect other powers This part does not affect the commissioner's powers under section 8.3. Division 2 Provisions about alcohol testing 5A.6 When is a person over the limit (1) For this part— (a) a person is over the no alcohol limit if the concentration of alcohol in the person's breath is more than 0g of alcohol in 210L of breath; (b) a person is over the low alcohol limit if the concentration of alcohol in the person's breath is, or is more than, 0.02g of alcohol in 210L of breath; (c) a person is over the general alcohol limit if the concentration of alcohol in the person's breath is, or is more than, 0.05g of alcohol in 210L of breath. (2) For this Act, the concentration of alcohol in a person's breath may be expressed as— (a) a specified number of grams of alcohol in 210L of breath; or (b) a specified number of grams in 210L. Example for subsection (2)— The concentration of alcohol in a person's breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L. 5A.7 Alcohol limits (1) A relevant person must be under the low alcohol limit— (a) when reporting for duty for a rostered shift; or (b) while on duty for a rostered shift; or (c) while on call on a rotational basis for duty. (2) Also, a relevant person must be under the general alcohol limit when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than 1 or 2 officers are permanently stationed. (3) However, if the relevant person is a member of the special emergency response team, the person must not be over the no alcohol limit when reporting for duty, while on duty, or while on call on a rotational basis. (4) This section does not apply to a relevant person who is a police officer to the extent it prevents the person consuming alcohol while performing duties under an exemption under section 5A.9(4). 5A.8 Circumstances for alcohol testing An authorised person may require a relevant person to submit to an alcohol test if— (a) the person has been involved in a critical incident; or (b) the test is authorised under section 5A.9; or (c) an authorised person reasonably suspects the person is contravening or has contravened section 5A.7; or (d) for an officer who is an applicant to become an operative, the person is required to undergo a medical examination for deciding the person's suitability to be an operative. 5A.9 Random alcohol testing (1) An authorised person may require a relevant person to submit to a random alcohol test. (2) However, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test— (a) only with the written approval of the commissioner or deputy commissioner; or (b) only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner. (3) For subsection (2)(b), a regulation may prescribe the criteria for deciding— (a) when and where a random alcohol test may be conducted; and (b) when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. (4) Also, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances. Examples— 1 The relevant person may be an operative. 2 The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance. (5) The power to approve random alcohol testing under this section can not be