Tasmania: Police Service Act 2003 (Tas)

Police Service Act 2003 An Act to provide for the establishment and regulation of the Police Service [Royal Assent 15 December 2003] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Police Service Act 2003 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation In this Act – ancillary constable means a person who is – (a) appointed as an ancillary constable under section 14 ; or (b) an ancillary constable by virtue of clause 9 of Schedule 3 ; Assistant Commissioner means an Assistant Commissioner appointed under section 10 ; authorised person means a person authorised by the Commissioner; availability means availability as defined in the Police Award; chairperson means the chairperson of the Police Review Board; code of conduct means the code of conduct specified in section 42 ; commissioned police officer means a police officer of or above the rank of inspector; Commissioner means the Commissioner of Police appointed under section 6 ; complaint means a complaint under Division 2 of Part 3 ; conduct includes any act or omission; demote means to reduce the rank of a police officer to any lower rank; Deputy Commissioner means the Deputy Commissioner of Police appointed under section 9 ; drug means – (a) a substance included in Schedule 2, 3, 4, 8 or 9 to the Poisons List; and (b) (c) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ; and (d) a substance included in the Australian Register of Therapeutic Goods established under the Therapeutic Goods Act 1989 of the Commonwealth; and (e) a metabolite of a substance mentioned in paragraph (a) , (b) , (c) or (d) ; duties includes functions and responsibilities; integrity test means a test referred to in Division 3 of Part 3 ; junior constable means a junior constable appointed under section 15 ; legal practitioner means an Australian legal practitioner; merit means merit as specified in section 21 ; non-commissioned police officer means a police officer below the rank of inspector; Poisons List has the same meaning as in the Poisons Act 1971 ; Police Award means an award, determination, decision, order or agreement in force under the Industrial Relations Act 1984 relating to police officers, trainees and junior constables; police dog means a dog that is used by police officers in performing any duties or exercising any powers of police officers; police-dog handler means a police officer whose duties include handling a police dog; Police Gazette means the Police Gazette published under section 94 ; Police Manual means the Police Manual published under section 93 ; police officer means – (a) a member of the Police Service, other than a trainee or junior constable; and (b) a person seconded or transferred to the Police Service as a police officer; Police Review Board means the Police Review Board established under section 53 ; Police Service means the Police Service established under section 4 ; Promotion Selection Committee means a committee established under section 17 ; Qualification and Accreditation Committee means the committee established under section 16 ; rank means a rank specified in section 4(2) ; review means a review under Part 4 ; senior officer means a person who is determined under section 5 to be senior to another person; special constable means a person who is appointed as a special constable under section 13 ; standby means standby as defined in the Police Award; termination means a termination of an appointment that is not as a result of the expiry of the instrument of appointment; trainee means a person who is – (a) appointed as a trainee under section 15 ; or (b) a trainee by virtue of clause 10 of Schedule 3 . PART 2 - Police Service Division 1 - Establishment of Police Service 4. Police Service (1) There is established the Police Service. (2) The Police Service consists of the following ranks: (a) Commissioner; (b) Deputy Commissioner; (c) Assistant Commissioner; (d) Commander; (e) Inspector; (f) Sergeant; (g) Constable; (h) Special Constable; (i) Trainee; (j) Junior Constable; (k) any other rank created under subsection (4) . (3) The total number of police officers comprising the Police Service is to be determined by the Minister after considering any recommendation of the Commissioner. (4) The Commissioner or, in the case of a rank of or above the rank of inspector, the Governor may remove or create a rank. 5. Order of seniority (1) The order of seniority is as follows: (a) police officers in the order set out in section 4(2)(a) , (b) , (c) , (d) , (e) , (f) , (g) and (h) ; (b) as between 2 police officers of different ranks, the police officer with the higher rank; (c) as between 2 police officers of the same rank, as determined by the Commissioner; (d) as between trainees, junior constables and police officers, as determined by the Commissioner. (2) The seniority of a rank created under section 4(4) is as determined by the Commissioner or the Governor, as appropriate. (3) The Commissioner is to publish or cause to be published a list of the order of seniority. Division 2 - Appointments 6. Commissioner of Police (1) A person is to be appointed by the Governor as the Commissioner of Police for a period not exceeding 5 years as specified in the instrument of appointment. (2) The Commissioner is entitled to the remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment. 7. Responsibilities of Commissioner (1) The Commissioner, under the direction of the Minister, is responsible for the efficient, effective and economic management and superintendence of the Police Service. (2) Matters for which the Commissioner is responsible include, but are not limited to, the following: (a) determination of the organisational structure of the Police Service; (b) determination of the number, type and location of police stations and other buildings and structures used for the purposes of the Police Service; (c) determination and allocation of duties within the Police Service; (d) performance evaluation; (e) discipline within the Police Service; (f) training, education and development programs to ensure efficient and effective performance of duties; (g) the establishment of internal grievance-resolution procedures. (3) The Commissioner may – (a) issue orders, directions, procedures and instructions for the efficient, effective and economic management and superintendence of the Police Service; and (b) do anything else necessary or convenient for the efficient, effective and economic management and superintendence of the Police Service. 8. Delegation The Commissioner, by instrument in writing, may delegate to a police officer, or an employee or officer within the meaning of the State Service Act 2000 , any power, duty or responsibility of the Commissioner under this Act or any other Act, other than – (a) this power of delegation; or (b) . . . . . . . . (c) the power to terminate, or recommend the termination of, the appointment of a police officer, trainee or junior constable under section 13(3) , 15(6) , 29(4)(h) or (i) , 30 , 31 or 43(3)(i) or (j) . 9. Deputy Commissioner (1) A person is to be appointed by the Governor as Deputy Commissioner of Police for a period not exceeding 5 years as specified in the instrument of appointment. (2) The Deputy Commissioner is entitled to the remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment. (3) The Deputy Commissioner is to – (a) assist the Commissioner; and (b) act as Commissioner during any absence of the Commissioner or any vacancy in the office of Commissioner. (4) Anything done or omitted to be done by the Deputy Commissioner while acting as the Commissioner is as valid, and has the same consequences, as if it had been done or omitted to be done by the Commissioner. 10. Assistant Commissioners (1) Persons are to be appointed by the Governor as Assistant Commissioners for a period not exceeding 5 years as specified in the instrument of appointment. (2) An Assistant Commissioner is entitled to the remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment. (3) An Assistant Commissioner is to – (a) assist the Commissioner and the Deputy Commissioner; and (b) act as Deputy Commissioner as authorised by the Commissioner during any absence of the Deputy Commissioner or any vacancy in the office of Deputy Commissioner. (4) Anything done or omitted to be done by an Assistant Commissioner while acting as the Deputy Commissioner is as valid, and has the same consequences, as if it had been done or omitted to be done by the Deputy Commissioner. 11. Commissioned police officers (1) Persons are to be appointed by the Governor as commanders for a period not exceeding 5 years as specified in the instrument of appointment. (2) A commander is entitled to remuneration and allowances, and holds office subject to the terms and conditions, as specified in the instrument of appointment. (3) Persons are to be appointed by the Governor as inspectors for a non-fixed period under the terms and conditions of the Police Award. (4) Persons may be appointed by the Governor as commissioned police officers to a rank created under section 4(4) . 12. Non-commissioned police officers (1) The Commissioner may appoint persons as non-commissioned police officers – (a) for a non-fixed period under the terms and conditions of the Police Award; or (b) with the consent of the persons, for a period not exceeding 5 years, and subject to the terms and conditions, as specified in the instrument of appointment if – (i) the person has specialist or expert qualifications; or (ii) the person has experience as a police officer; or (iii) special circumstances exist which, in the opinion of the Commissioner, justify the appointment. (2) The Commissioner may determine the qualifications, skills, attributes and medical, physical or other requirements for appointment under this section. (3) The Commissioner may reduce the rank of a police officer appointed under subsection (1)(b) if the police officer is no longer required to use the specialist or expert qualifications or experience for which the police officer was appointed. (4) This section does not apply to the appointment of a person as a special constable. 13. Special constables (1) The Commissioner may appoint persons as special constables if of the opinion that it is necessary or convenient to do so. (2) An appointment as a special constable – (a) is for a period and within an area the Commissioner determines or as specified in the instrument of appointment; and (b) is subject to the remuneration, terms and conditions the Commissioner determines or as specified in the instrument of appointment; and (c) is subject to any restrictions the Commissioner determines or as specified in the instrument of appointment. (3) The Commissioner may suspend or terminate the appointment of a special constable for any reason the Commissioner considers appropriate. 14. Ancillary constables (1) The Commissioner may appoint persons as ancillary constables for any event or purpose if of the opinion that it is necessary or convenient to do so. (2) An appointment as an ancillary constable – (a) is for a period and within an area the Commissioner determines or as specified in the instrument of appointment; and (b) is subject to any terms and conditions the Commissioner determines or as specified in the instrument of appointment; and (c) is subject to any restrictions the Commissioner determines or as specified in the instrument of appointment. (3) An ancillary constable is not a police officer but, subject to any restrictions the Commissioner determines or as specified in the instrument of appointment, has the powers and duties of a police officer with the rank of constable. (4) The Commissioner may suspend or terminate the appointment of an ancillary constable for any reason the Commissioner considers appropriate. 15. Trainees and junior constables (1) The Commissioner may appoint persons as trainees or junior constables for a period not exceeding 2 years subject to any terms and conditions as specified in the instrument of appointment. (2) A person may only be appointed as a junior constable if the person is at least 16 years of age but has not attained the age of 21 years. (3) . . . . . . . . (4) The Commissioner may determine the qualifications, skills, attributes and medical, physical or other requirements for appointment under this section. (5) A trainee or junior constable – (a) is subject to the direction and control of the Commissioner; and (b) is to undertake the duties assigned to him or her. (6) The Commissioner may terminate the appointment of a trainee or junior constable for any reason the Commissioner considers appropriate. Division 3 - Promotions 16. Qualification and Accreditation Committee (1) The Commissioner may establish a Qualification and Accreditation Committee to be responsible for the provision of courses, examinations, assessments and accreditations relating to qualification for promotion. (2) The Qualification and Accreditation Committee is to consist of at least 3 persons appointed by the Commissioner. 17. Promotion Selection Committees (1) The Commissioner may establish Promotion Selection Committees to make recommendations relating to the promotion or otherwise of police officers. (2) A Promotion Selection Committee is to consist of at least 3 persons appointed by the Commissioner. 18. Promotion (1) A non-commissioned police officer who is qualified for promotion, by notice in writing to the Commissioner, may apply to be promoted. (2) A non-commissioned police officer is qualified for promotion if the police officer has successfully completed, or is accredited with having successfully completed, the required examinations and other assessments as the Commissioner determines. (3) The Commissioner may promote a non-commissioned police officer who is qualified for promotion to a rank below the rank of inspector and above the rank the police officer currently holds. (4) The Commissioner may recommend to the Minister the promotion to the rank of inspector of a non-commissioned police officer who is qualified for promotion to that rank. (5) In determining whether to promote or recommend the promotion of a police officer, the Commissioner may take into account the conduct of the police officer. (6) A non-commissioned police officer, by notice in writing to the Commissioner, may withdraw an application for promotion. (7) A promotion to the rank of inspector is to be in accordance with section 11(3) . 19. Publication of intention to promote If it is intended to promote a police officer, the Commissioner is to publish a notice of that intention in the Police Gazette. 20. Promotion taking effect The promotion of a police officer – (a) if an application is not made under section 55 , takes effect 15 days after the date of publication of the notice under section 19 ; or (b) if an application is made under section 55 and the Police Review Board makes a determination under section 58(1)(a) or 59(1)(a) , is taken to have taken effect 15 days after the date of publication of the notice under section 19 ; or (c) if an application is made under section 55 and the Police Review Board makes a determination under section 58(1)(b) or 59(1)(b) , takes effect on receipt by the police officer of the notice under section 75(2)(b) ; or (d) if an application is made under section 55 and the Police Review Board makes a determination under section 58(2) or 59(4) and the Commissioner decides to confirm the promotion of the police officer or recommends to the Minister that the promotion of the police officer be confirmed, is taken to have taken effect 15 days after the date of publication of the notice under section 19 ; or (e) if an application is made under section 55 and the Police Review Board makes a determination under section 58(2) or 59(4) and the Commissioner decides to promote the applicant or recommends to the Minister that the applicant be promoted, takes effect on receipt by the police officer of a notice under section 58(3)(b) or 59(5)(b) ; or (f) if an application made under section 55 is withdrawn, is taken to have taken effect 15 days after the date of publication of the notice under section 19 . 21. Promotion on merit (1) The promotion of a police officer is to be on merit. (2) Merit is the capacity of a person to perform the required duties having regard to – (a) the knowledge, skills, qualifications and experience of the person; and (b) the person's potential for further development. 22. Division not to apply to special constables The provisions of this Division do not apply to special constables. Division 4 - Secondments and transfers 23. Secondment (1) The Commissioner, by written agreement with a police officer, may arrange for the police officer to be seconded to – (a) a police force or police service of a foreign country or another State or a Territory of the Commonwealth; or (b) any other body or organisation, whether within or outside Tasmania. (2) The Commissioner, by written agreement with a person, may arrange for the person to be seconded to the Police Service from – (a) a police force or police service of a foreign country or another State or a Territory of the Commonwealth; or (b) any other body or organisation, whether within or outside Tasmania. (3) A secondment under this section is subject to the terms and conditions specified in the relevant agreement. (4) The powers of a police officer seconded under subsection (1) are retained during the secondment, unless the Commissioner determines otherwise. (5) A secondment under subsection (1) does not break the continuity of service of the police officer. 24. Transfer to and from Police Service (1) The Commissioner, by written agreement with the Minister responsible for the administration of the State Service Act 2000 and an employee or officer within the meaning of that Act, may arrange for that employee or officer to be transferred to the Police Service if that employee or officer satisfies the requirements for appointment as a police officer. (2) The Commissioner, by written agreement with the Minister responsible for the administration of the State Service Act 2000 and a police officer, may arrange for the police officer to be transferred to the State Service. (3) A transfer under this section is subject to the terms and conditions as agreed to between the Commissioner and the Minister responsible for the administration of the State Service Act 2000 and by the employee, officer or police officer concerned. (4) A police officer who is transferred under subsection (2) does not retain any of the powers of a police officer on that transfer, unless the Commissioner determines otherwise. 25. Transfer within Police Service (1) The Commissioner may transfer a police officer within the Police Service, with or without the consent of the police officer, if the Commissioner is of the opinion that it is necessary to do so for the effective management of the Police Service. (2) A police officer may apply in writing to the Commissioner to be transferred within the Police Service. (3) The Commissioner may grant or refuse to grant an application under subsection (2) . 26. Division not to apply to special constables This Division does not apply to special constables. Division 5 - Resignations, retirements and terminations 27. Resignation (1) A police officer who wishes to resign from the Police Service must give 30 days' notice in writing to the Commissioner, unless the Commissioner otherwise authorises in writing. Penalty: Fine not exceeding 2 penalty units. (2) A resignation only takes effect when accepted by the Commissioner. 28. Retirement (1) A police officer must retire from the Police Service on attaining the age of 65 years. (2) A police officer may retire from the Police Service on or after attaining the age of 55 years. (3) A police officer may retire from the Police Service if the Commissioner – (a) considers that the police officer is unable to efficiently and effectively perform his or her duties because of any reason specified under section 29 ; and (b) agrees in writing. 29. Inability to perform duties (1) The Commissioner may determine that a police officer is unable to efficiently and effectively perform his or her duties because of – (a) a mental illness within the meaning of the Mental Health Act 2013 ; or (b) any injury, illness or disease; or (c) any general physical unfitness. (2) The Commissioner may establish procedures for the investigation of whether a police officer is able to efficiently and effectively perform his or her duties. (3) The Commissioner may direct a police officer to be medically examined by a medical practitioner nominated by the Commissioner in order to determine any matter relating to the ability of the police officer to efficiently and effectively perform his or her duties. (4) The Commissioner may take one or more of the following actions in relation to a police officer who the Commissioner determines is unable to efficiently and effectively perform his or her duties: (a) direct that appropriate counselling be provided to the police officer; (b) direct that appropriate retraining be provided to the police officer; (c) direct that the remuneration of the police officer be reduced within the range of remuneration applicable to the police officer; (d) reassign the duties of the police officer; (e) transfer the police officer; (f) in the case of a non-commissioned police officer, demote the police officer; (g) in the case of a commissioned police officer, recommend to the Minister that the police officer be demoted; (h) in the case of a non-commissioned police officer, terminate the appointment of the police officer; (i) in the case of a commissioned police officer, recommend to the Minister that his or her appointment as a police officer be terminated. (j) . . . . . . . . (5) In determining which action or actions to take, the Commissioner is to consider taking any action in the order specified in subsection (4) as may be reasonable in the circumstances. (6) The Commissioner, by notice served on the police officer, must notify the police officer of any action taken under subsection (4) . (7) If the Minister accepts a recommendation made by the Commissioner under subsection (4)(g) or (i) , the Minister is to recommend to the Governor, as appropriate, that – (a) the commissioned police officer be demoted; or (b) his or her appointment as a police officer be terminated. (8) The Governor, on receipt of the Minister's recommendation, may, as appropriate – (a) demote the commissioned police officer; or (b) terminate his or her appointment as a police officer. (9) The Commissioner, by notice served on the commissioned police officer, must notify the commissioned police officer of the demotion or termination under subsection (8) . 30. Termination or demotion of commissioned police officers (1) The Commissioner may recommend to the Minister that the appointment of a commissioned police officer as a police officer be terminated or that the commissioned police officer be demoted if the Commissioner does not have confidence in that police officer's suitability to continue as a police officer or at his or her rank having regard to – (a) the police officer's competence, integrity, performance or conduct; or (b) the loss of community confidence in the Police Service if the police officer were to continue as a police officer or at his or her rank. (2) If the Minister accepts the Commissioner's recommendation in respect of a commissioned police officer, the Minister is to recommend to the Governor that his or her appointment as a police officer be terminated or that the commissioned police officer be demoted, as appropriate. (3) The Governor, on receipt of the Minister's recommendation under subsection (2) , may terminate the appointment of the commissioned police officer as a police officer or demote the commissioned police officer, as appropriate. (4) The Commissioner, by notice served on the commissioned police officer, must notify the commissioned police officer of the termination or demotion. (5) The Minister may recommend to the Governor that the appointment of the Commissioner as a police officer be terminated if satisfied that the Commissioner is not suitable to continue as Commissioner having regard to – (a) the Commissioner's competence, integrity, performance or conduct; or (b) the loss of community confidence in the Police Service if the Commissioner were to continue as Commissioner. (6) The Governor, on receipt of the Minister's recommendation under subsection (5) , may terminate the appointment of the Commissioner as a police officer. (7) The Minister, by notice served on the Commissioner, must notify the Commissioner of the termination. 31. Termination or demotion of non-commissioned police officers (1) The Commissioner may terminate the appointment of a non-commissioned police officer or demote the non-commissioned police officer if the Commissioner does not have confidence in that police officer's suitability to continue as a police officer or at his or her rank having regard to – (a) the police officer's competence, integrity, performance or conduct; or (b) the loss of community confidence in the Police Service if the police officer were to continue as a police officer or at his or her rank. (2) The Commissioner, by notice served on the non-commissioned police officer, must notify the non-commissioned police officer of the termination or demotion. 31A. Police officer may make submission (1) Before – (a) directing that a police officer's remuneration be reduced under section 29(4)(c); or (b) demoting a non-commissioned police officer under section 29(4)(f); or (c) making a recommendation under section 29(4)(g); or (d) terminating the appointment of a non-commissioned police officer under section 29(4)(h); or (e) making a recommendation under section 29(4)(i); or (f) making a recommendation under section 30(1) ; or (g) terminating the appointment of, or demoting, a non-commissioned police officer under section 31(1) ; or (h) imposing a fine on a police officer under section 43(3)(c) ; or (i) directing that a police officer's remuneration be reduced under section 43(3)(d) ; or (j) demoting a non-commissioned police officer under section 43(3)(h) ; or (k) terminating the appointment of a non-commissioned police officer under section 43(3)(i) ; or (l) making a recommendation under section 43(3)(j) – the Commissioner must – (m) notify the relevant police officer of the Commissioner's intention to so act and his or her reasons for that intention; and (n) provide the police officer with an opportunity to make a submission to the Commissioner, within the period (being not less than 14 days) specified in the notification, as to the reasons why the police officer believes the Commissioner should not so act. (2) If a police officer who is notified by the Commissioner under subsection (1)(m) wishes to make a submission to the Commissioner, he or she must make the submission within the period specified in the notification. 32. Effective date of termination or demotion A termination of appointment or a demotion under this Division takes effect on service of the notice of termination or demotion. Division 6 - General provisions 33. Probation (1) The appointment or promotion of a non-commissioned police officer is subject to any period of probation not exceeding 12 months as the Commissioner determines. (2) The appointment or promotion of a commissioned police officer is subject to any period of probation not exceeding 12 months as the Governor determines. (3) The period of probation may be extended as the Commissioner or Governor, as appropriate, determines. (4) At the end of a period of probation, the Commissioner or the Governor, as appropriate, may – (a) confirm the appointment or promotion; or (b) refuse to confirm the appointment or promotion. (5) A police officer whose promotion is not confirmed is taken to be demoted. 34. Acting in higher rank (1) The Commissioner may authorise a police officer to act in any higher rank than the one the police officer holds for any period the Commissioner determines. (2) A police officer acting in a higher rank is taken to be the holder of that rank. 35. Duties of police officers (1) A police officer is subject to the direction and control of the Commissioner. (2) A police officer – (a) is responsible for the management and control of any part of the Police Service as the Commissioner determines; and (b) must undertake the duties assigned to him or her; and (c) must comply with any lawful direction or lawful order of a senior officer. 36. Oaths and affirmations (1) A person appointed as a special constable must take the oath specified in Part 1 of Schedule 1 or make the affirmation specified in Part 2 of Schedule 1 before acting as a special constable. (2) A person appointed, seconded or transferred to the Police Service as a police officer must take the oath specified in Part 3 of Schedule 1 or make the affirmation specified in Part 4 of Schedule 1 before acting as a police officer. (3) A person appointed as an ancillary constable must take the oath specified in Part 5 of Schedule 1 or make the affirmation specified in Part 6 of Schedule 1 before acting as an ancillary constable. (4) A person who is appointed as a police officer or a special constable and takes the appropriate oath or makes the appropriate affirmation in Part 1 , 2 , 3 or 4 of Schedule 1 is taken to have entered into an agreement to serve in the Police Service at any rank the person may hold until his or her appointment as a police officer or special constable is terminated or ceases. (5) An agreement referred to in subsection (4) is not void for want of consideration or reciprocity. (6) An oath or affirmation under this section is to be administered by – (a) the Commissioner; or (b) a commissioned police officer other than the Commissioner; or (c) a justice of this State or of another State or a Territory. (7) However, a person referred to in subsection (6)(b) or (c) is not to administer an oath or affirmation under this section without the Commissioner's written approval if the person taking the oath or making the affirmation has been appointed to the Police Service from – (a) a police force or police service of a foreign country or another State or a Territory or the Commonwealth; or (b) any other body or organisation outside Tasmania. (8) For the avoidance of doubt, an oath or affirmation administered by a justice or commissioned police officer under this section before the commencement of the Police Service Amendment Act 2007 is taken to have been validly administered, and taken or made. 37. Reversion (1) A person whose appointment under an instrument of appointment as a police officer is not renewed at expiry and who was a police officer immediately before commencing that appointment may, subject to subsection (5) and unless the instrument of appointment provides otherwise, elect to be reappointed as a police officer at the rank held before the appointment. (2) An election is to be made – (a) in writing to the Commissioner; and (b) within 14 days after the expiry of the appointment. (3) If a person makes an election under subsection (1) , the period of appointment as a police officer is taken to be continuous. (4) A police officer, at any time, may elect to revert to a rank that is lower than the rank the police officer currently holds subject to the approval of the Commissioner and any terms and conditions the Commissioner determines. (5) This section does not apply to a police officer whose instrument of appointment was entered into before the commencement of this Act and which does not specify a right to revert to another rank. (6) This section does not apply to special constables. 38. Stand-down (1) The Commissioner may stand down a police officer from duty for any reason and for any period not exceeding 7 days the Commissioner considers appropriate. (2) The Commissioner, by notice served on the police officer, must notify the police officer of the stand-down. (3) A stand-down takes effect on service of the notice. (4) The Commissioner may revoke a stand-down. 39. Effect of stand-down A police officer who is stood down from duty – (a) is to be paid his or her usual remuneration and allowances; and (b) is not entitled to exercise any power, or perform any of his or her duties, during the period of being stood down; and (c) is subject to any direction of the Commissioner. 40. Suspension (1) After a police officer has been stood down under section 38 , the Commissioner may suspend the police officer from duty for any reason and for any period the Commissioner considers appropriate. (2) The Commissioner, by notice served on the police officer, must notify the police officer of the suspension. (3) A suspension takes effect on service of the notice. (4) The Commissioner may revoke a suspension. 41. Effect of suspension A police officer who is suspended from duty – (a) may be suspended with or without – (i) his or her usual remuneration; or (ii) his or her usual allowances; or (iii) his or her usual remuneration and allowances; and (b) is not entitled to exercise any power, or perform any of his or her duties, during that period of suspension; and (c) is subject to any direction of the Commissioner. PART 3 - Conduct Division 1 - Code of conduct 42. Code of conduct (1) A police officer must behave honestly and with integrity in the course of his or her duties in the Police Service. (2) A police officer must act with care and diligence in the course of his or her duties in the Police Service. (3) A police officer must comply with – (a) all orders in the Police Manual; and (b) any lawful direction or lawful order given by a senior officer. (4) A police officer must maintain appropriate confidentiality about any dealing made and information gained in the course of his or her duties in the Police Service. (5) A police officer must disclose, and take reasonable steps to avoid, any conflict of interest in connection with his or her duties in the Police Service. (6) A police officer must use the resources of the Police Service in a proper manner. (7) A police officer, in connection with his or her duties in the Police Service, must not – (a) knowingly provide false or misleading information; or (b) omit to provide any matter knowing that without that matter the information is misleading. (8) A police officer must not make improper use of – (a) information gained in the course of his or her duties in the Police Service; or (b) the duties, status, power or authority of the police officer – in order to gain, or seek to gain, a gift, benefit or advantage for the police officer or for any other person. (9) A police officer must not access any information to which the police officer is not entitled to have access. (10) A police officer must not destroy, damage, alter or erase any official document, record or entry without the approval of the Commissioner. (11) A police officer must not, at any time, conduct himself or herself or act in a manner that is likely – (a) to be prejudicial to the Police Service; or (b) to bring discredit on the Police Service. (12) A police officer must not victimise or discriminate against another police officer because that other police officer has reported a breach of a provision of the code of conduct. (13) A police officer must comply with any other prescribed conduct requirement. 43. Actions in relation to breaches of code of conduct (1) The Commissioner must establish procedures for the investigation into any alleged breach of a provision of the code of conduct by a police officer. (2) After considering the results of an investigation, the Commissioner must determine whether or not the police officer has breached a provision of the code of conduct. (3) If the Commissioner determines that a police officer has breached a provision of the code of conduct, the Commissioner may take one or more of the following actions in relation to the police officer: (a) direct that appropriate counselling be provided to the police officer; (b) reprimand the police officer; (c) impose a fine not exceeding 20 penalty units; (d) direct that the remuneration of the police officer be reduced within the range of remuneration applicable to the police officer; (e) reassign the duties of the police officer; (f) transfer the police officer; (g) in the case of a non-commissioned police officer, place that police officer on probation for any specified period the Commissioner considers appropriate; (h) in the case of a non-commissioned police officer, demote the police officer; (i) in the case of a non-commissioned police officer, terminate the appointment of the police officer; (j) in the case of a commissioned police officer, recommend to the Minister that the appointment of the police officer be terminated or that the police officer be demoted or placed on probation for any specified period the Commissioner considers appropriate. (k) . . . . . . . . (4) If the Minister accepts a recommendation of the Commissioner made under subsection (3)(j) , the Minister is to recommend to the Governor according to that recommendation. (5) The Governor, on receipt of the Minister's recommendation, may act according to that recommendation. (6) The Commissioner may determine that a fine be paid – (a) within a specified period; or (b) in such instalments as the Commissioner specifies. (7) If there is no determination under subsection (6) , a fine is to be paid within 14 days after service of a notice under subsection (9) . (8) If a police officer fails to pay a fine or any instalment of a fine as required, the Commissioner may – (a) direct that an amount equal to the fine or instalment be deducted from the remuneration payable to the police officer in full or in any specified instalments; or (b) recover that amount as a debt due to the Police Service in a court of competent jurisdiction. (9) The Commissioner, by notice served on the police officer, must notify the police officer of any action taken under this section. (10) A termination of appointment or demotion under this section takes effect on service of the notice under subsection (9) . Division 2 - Complaints 44. Making complaints (1) Any person may make a complaint about – (a) the conduct, on or off duty, of a police officer; or (b) the conduct, on or off duty, of a person who was a police officer at the time the conduct occurred. (2) A complaint – (a) must be made in writing or in a manner approved by the Commissioner; and (b) must be made within 6 months after the conduct became known to the complainant; and (c) must contain details of the conduct; and (d) does not need to identify the complainant. (3) The Commissioner – (a) may accept a complaint that is not made as specified in subsection (2)(a) if satisfied that special circumstances exist; and (b) if accepting the complaint, is to record the complaint in writing. (4) The Commissioner may accept a complaint that is made outside the period referred to in subsection (2)(b) if satisfied that there are special circumstances. 45. Registration of complaints (1) On receipt of a complaint, the Commissioner must enter the details of the complaint in a register of complaints. (2) The register of complaints is to be in a form approved by the Commissioner. 46. Investigating complaints (1) As soon as practicable after receiving a complaint, the Commissioner must determine whether to – (a) investigate the complaint; or (b) dismiss the complaint without an investigation. (2) In determining whether to dismiss the complaint without an investigation, the Commissioner may take into account the following: (a) what action has been or is to be taken to remedy the subject matter of the complaint; (b) whether the complaint is frivolous, vexatious or not made in good faith; (c) whether the subject matter of the complaint is trivial; (d) whether the subject matter of the complaint is able to be resolved by conciliation; (e) whether there was or is an alternative and satisfactory means of redress available to the complainant; (f) whether the subject matter of the complaint is being, is to be, or has been, dealt with in other proceedings; (g) any other matter the Commissioner considers appropriate. (3) The Commissioner may – (a) direct any police officer to – (i) assist in the investigation of a complaint; and (ii) provide any information or document or answer any question for the purpose of the investigation; and (b) conduct the investigation in any manner the Commissioner considers appropriate. 47. Determination of complaints (1) At any time during an investigation of a complaint, the Commissioner may resolve the complaint by conciliation. (2) On completion of an investigation of a complaint, the Commissioner may determine to take any action under section 43(3) if satisfied that a breach of a provision of the code of conduct has occurred. (3) The Commissioner, by notice in writing, is to notify the determination to – (a) the complainant if the complainant is identifiable; and (b) the police officer who is the subject of the complaint if the police officer is informed of the complaint. (4) A termination of appointment or demotion as a result of action taken under section 43(3) takes effect on service of the notice under section 43(9) . Division 3 - Integrity tests and financial statements 48. Integrity tests (1) The Commissioner may conduct, or require an authorised person to conduct, a test of the integrity of a police officer if there are reasonable grounds to suspect that the police officer has engaged in, or is engaging in, or is likely to engage in, conduct that – (a) may constitute an indictable offence or any other offence punishable by imprisonment; or (b) is corrupt or seriously unethical. (2) An integrity test may only involve an act or omission that, but for subsection (3) , would be unlawful if – (a) it is reasonably necessary for the conduct of the integrity test; and (b) it is authorised by a magistrate. (3) Despite any other Act or law to the contrary and subject to subsection (2) , any act done or omission made in conducting an integrity test is lawful. (4) The Commissioner may issue a certificate stating that on a specified date or during a specified period a specified person was authorised to conduct or participate in an integrity test involving a specified act or specified omission. (5) An authorisation under subsection (2) or a certificate issued under subsection (4) – (a) is admissible in any legal proceedings; and (b) is evidence of the matters specified in the authorisation or certificate. 49. Financial statements (1) The Commissioner may require a police officer to provide a financial statement if there are reasonable grounds to suspect that the police officer has engaged in, or is engaging in, or is likely to engage in, conduct that – (a) may constitute an indictable offence or any other offence punishable by imprisonment; or (b) is corrupt or seriously unethical. (2) The Commissioner – (a) for the purpose of allocating duties may require a police officer to provide a financial statement; and (b) is to cause to be published in the Police Manual a list of duties to which this subsection applies. (3) A financial statement is to include details of – (a) assets and liabilities; and (b) income and expenditure. (4) The Commissioner is to ensure that a financial statement provided under subsection (1) or (2) – (a) is only used for the purposes of this Act; and (b) is kept confidential, secure and in accordance with directions issued by the Commissioner. Division 4 - Alcohol and drugs 50. Testing for alcohol and drugs (1) In this section – on duty includes reporting for duty, being on standby for duty and being on availability for duty; qualified person means – (a) a medical practitioner; or (b) a registered nurse or enrolled nurse; serious incident means an incident involving a police officer on duty and in which any person is killed or seriously injured; testing means testing for the presence of any alcohol or drug. (2) The Commissioner or an authorised person may require any police officer who is on duty or involved in a serious incident to do any one or more of the following: (a) provide a sample or samples of breath for testing; (b) provide a sample or samples of urine or oral fluid for testing; (c) with the consent of the police officer, permit a sample or samples of blood to be taken by a qualified person for testing. (2A) Subsection (2) has effect whether or not the Commissioner or authorised person has grounds for suspecting that the relevant police officer has recently consumed any alcohol or taken any drug. (2B) To avoid doubt, where the Commissioner or an authorised person considers it necessary to do so, a requirement under subsection (2) may be made of a police officer more than once in respect of the same instance of that police officer being on duty or the same serious incident. (3) If a police officer attends, or is admitted to, a hospital for examination or treatment because of a serious incident, the Commissioner or an authorised person may require a sample or samples of blood from the police officer to be taken by a qualified person at the hospital for testing if the police officer – (a) is unable to provide a sample of breath for testing; or (b) is unable to provide a sample of urine or oral fluid for testing; or (c) is unable to consent to the taking of a sample of blood for testing. (4) The taking of a sample of urine or oral fluid pursuant to subsection (2) is to be carried out – (a) by an authorised person; and (b) in accordance with any directions issued by the Commissioner. (5) The taking of a sample of blood is to be carried out in accordance with any directions issued by the Commissioner. (6) For the purposes of this section – (a) where a single sample is taken for testing and the testing is to be done in a laboratory, the sample is to be divided into 2 approximately equal parts, one of which is to be tested and the other is to be the control sample; and (b) where 2 samples are taken on the one occasion for testing and the testing is to be done in a laboratory, one sample is to be tested and the other sample is to be the control sample. (7) The Commissioner or the police officer from whom a sample or samples has or have been taken may request that the control sample be tested. (8) Any sample taken or provided under this section may only be used for the purpose for which it was taken or provided. (9) A certificate relating to the testing of a sample taken or provided under this section is evidence of the facts contained in that certificate. 51. Directions (1) The Commissioner may issue directions to police officers relating to the following: (a) the consumption, and presence in the body, of alcohol or drugs while on duty, reporting for duty, on standby or on availability; (b) the consequences of a positive test for alcohol or drugs; (c) the follow-up testing of a police officer who has tested positive for alcohol or drugs; (d) the procedures for rehabilitation; (e) any other matter the Commissioner considers appropriate. (2) The Commissioner must issue directions to police officers relating to – (a) the confidentiality of – (i) any test or sample taken or given under section 50 ; and (ii) any certificate relating to the analysis of a sample; and (b) the security and safekeeping of samples taken or given under section 50 . 52. Part applies to Commissioner This Part applies to the Commissioner as a police officer and any reference in this Part to the Commissioner is taken to be a reference to the Minister in its application to the Commissioner. PART 4 - Reviews Division 1 - Police Review Board 53. Establishment of Police Review Board (1) There is established a Police Review Board. (2) The Police Review Board consists of 5 members with the appropriate skills and experience appointed by the Minister after consultation with the Commissioner and the Police Association of Tasmania. (3) The Minister is to appoint one of the members as chairperson. (4) Schedule 2 has effect in respect of membership of the Police Review Board. 54. General functions and powers of Police Review Board (1) The Police Review Board must determine applications for review in respect of – (a) promotions, demotions and terminations under this Act; and (b) other matters specified in section 60 . (2) The Police Review Board has power to do anything necessary or convenient to perform its functions. Division 2 - Reviews relating to promotions 55. Application for review relating to promotion (1) A non-commissioned police officer, other than a special constable, may apply to the Police Review Board for a review of a decision relating to a promotion to a rank of or below the rank of inspector if the police officer applied for that rank and is qualified for promotion to that rank. (2) An application for a review under subsection (1) may be made on either or both of the following grounds: (a) that the applicant is of superior merit to the person to be promoted; (b) that there was an irregularity in the procedures relating to the process that affected the decision. (3) An application for a review under subsection (1) must be – (a) made in writing stating the grounds on which it is made; and (b) lodged with the Police Review Board within 14 days of publication of the notice under section 19 . 56. Constitution of Police Review Board for review relating to promotion (1) Within 14 days after receipt of an application for a review relating to a promotion, the chairperson is to determine the constitution of the Police Review Board relating to that review. (2) The Police Review Board constituted under subsection (1) is to include the chairperson and at least 2 other members of the Police Review Board. 57. Attendance at review relating to promotion The Commissioner must make available to the Police Review Board any one or more of the following persons: (a) the chairperson of the Promotion Selection Committee involved in the promotion or, subject to the approval of the Police Review Board, a member or members of the relevant Promotion Selection Committee; (b) the person to be promoted; (c) the person applying for the review; (d) any police officer required or summoned to attend the review. 58. Determination relating to promotion to rank below inspector (1) After conducting a review relating to a promotion below the rank of inspector under section 55(2)(a) , the Police Review Board may – (a) confirm the promotion; or (b) direct that the applicant for the review be promoted. (2) After conducting a review relating to a promotion below the rank of inspector under section 55(2)(b) , the Police Review Board, if it determines that there was an irregularity in the procedures relating to the process that affected the decision, must refer the matter to the Commissioner for reconsideration as the Police Review Board specifies. (3) If the Police Review Board refers a matter to the Commissioner under subsection (2) , the Commissioner, by notice in writing, must notify the action taken as a result of the referral to – (a) the person originally intended to be promoted; and (b) the applicant for the review; and (c) the Police Review Board. (4) The determination of the Police Review Board is final. 59. Determination relating to promotion to rank of inspector (1) After conducting a review relating to a promotion to the rank of inspector under section 55(2)(a) , the Police Review Board may – (a) confirm the promotion; or (b) direct the Commissioner to recommend to the Minister that the applicant be promoted to the rank of inspector in accordance with section 11 . (2) On receipt of the Commissioner's recommendation, the Minister is to recommend to the Governor according to that recommendation. (3) The Governor, on receipt of the Minister's recommendation, may act according to the recommendation. (4) After conducting a review relating to a promotion to the rank of inspector under section 55(2)(b) , the Police Review Board, if it determines that there was an irregularity in the procedures relating to the process that affected the decision, must refer the matter to the Commissioner for reconsideration as the Police Review Board specifies. (5) If the Police Review Board refers a matter to the Commissioner under subsection (4) , the Commissioner, by notice in writing, must notify the action taken as a result of the referral to – (a) the person originally intended to be promoted; and (b) the applicant for the review; and (c) the Police Review Board. (6) The determination of the Police Review Board is final. Division 3 - Reviews relating to disciplinary matters, &c. 60. Application for review relating to disciplinary matters, &c. (1) A police officer of or below the rank of inspector, other than a special constable, (in this Division referred to as "the applicant") may apply to the Police Review Board for a review if he or she is aggrieved by any decision, determination, order or recommendation made by the Commissioner in respect of – (a) any demotion or reduction in remuneration of the police officer; or (b) the termination of the appointment of the police officer; or (c) the imposition by the Commissioner on the police officer of any fine or the forfeiture by the police officer of all or any of his or her remuneration; or (d) a suspension of remuneration or allowances, or remuneration and allowances, under section 41(a) ; or (e) the payment of costs under section 87 . (2) An application for review under subsection (1) must be – (a) made in writing stating the grounds on which it is made; and (b) lodged with the Police Review Board within 30 days after the applicant has received notification of the decision, determination, order or recommendation in respect of which the review is sought. (3) In hearing and determining an application for review under this Division, the Police Review Board is to have regard at all times to the public interest and community confidence in the Police Service and to the Commissioner's responsibilities as set out in section 7 . (4) The applicant must provide the Commissioner with a copy of the application within 3 days after lodging the application. (5) The Police Review Board may extend the period referred to in subsection (2)(b) if satisfied that exceptional circumstances exist. (6) The applicant may withdraw an application for a review. 63. . . . . . . . . 64. . . . . . . . . Division 4 - General provisions 61. Date, time and place of hearing of review (1) On receipt by the Police Review Board of an application for review under this Part, the chairperson of the Police Review Board is to fix a date, time and place for the hearing of the application and is to notify the applicant and the Commissioner of that date, time and place. (2) The date fixed for the hearing of an application for review must not be earlier than 14 days after the application is received by the Police Review Board. 62. Constitution of Police Review Board for review relating to termination or demotion (1) Within 14 days after receipt by the Police Review Board of an application for a review relating to termination or demotion, the chairperson of the Police Review Board is to determine the constitution of the Police Review Board for the hearing and determination of that application. (2) The Police Review Board constituted under subsection (1) is to include the chairperson and at least 2 other members of the Police Review Board. 65. . . . . . . . . 66. . . . . . . . . 67. . . . . . . . . 68. . . . . . . . . 69. . . . . . . . . 70. Attendance by persons (1) The Police Review Board may require or summon a person to attend a review. (2) The applicant for a review or the Commissioner may request the Police Review Board to require or summon a person to attend a review. (3) A summons must be made by notice in writing served on a person requiring that person to attend to do any one or more of the following: (a) give evidence; (b) produce documents; (c) produce records. (4) The summons must specify the following: (a) the name of the person on whom it is to be served; (b) the time and place at which the person is required to attend; (c) any document or record the Police Review Board requires the person to produce; (d) any other matter the Police Review Board determines. (5) The Police Review Board may direct a person required to attend a review to do any one or more of the following: (a) give evidence; (b) produce documents; (c) produce records. (6) A person summoned or required to attend must not – (a) without reasonable excuse, fail to attend the proceedings; or (b) refuse to answer any question put by the Police Review Board; or (c) give an answer that to his or her knowledge is false or misleading; or (d) without reasonable excuse, fail to produce any document or record specified in the notice or as required. Penalty: Fine not exceeding 20 penalty units. (7) Any evidence given under this section is not admissible in any legal proceedings other than proceedings under this Act. (8) The Commissioner must make available to the Police Review Board any one or more of the following persons: (a) the applicant for the review; (b) any police officer required or summoned to attend the review. 71. Representation (1) In a review relating to the termination of appointment or demotion, the applicant may be represented by a legal practitioner. (2) In a review relating to a reduction of remuneration, the applicant – (a) may be represented by a legal practitioner if the reduction is the equivalent of 10 penalty units or more; or (b) may be represented by a person other than a legal practitioner if the reduction is less than the equivalent of 10 penalty units. (3) In a review relating to a suspension of remuneration or allowances, the applicant – (a) may be represented by a legal practitioner if the remuneration or allowances suspended are the equivalent of 10