New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) In this Schedule--
"former Act" means the Police Regulation Act 1899 .
(2) In this Schedule, a reference to the repeal of the former Act is (if different days are appointed for the repeal of different provisions) a reference to the repeal of the relevant provisions.
(1) The regulations may contain provisions of a savings and transitional nature consequent on the enactment of the following Acts--this Actthe Police and Superannuation Legislation (Amendment) Act 1990Police Service (Police Board) Amendment Act 1991the Police Service (Employer) Amendment Act 1992the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993the Police Service (Management) Amendment Act 1993the Police Service (Complaints) Amendment Act 1994Police Service Amendment (Commissioned Officers) Act 1996Police Legislation Further Amendment Act 1996Police Service Amendment Act 1997Police Service Amendment (Special Risk Benefit) Act 1998Police Service Amendment (Complaints and Management Reform) Act 1998Police Service Amendment (Selection and Appointment) Act 2000Police Service Amendment (Complaints) Act 2001Police Service Amendment (Promotions and Integrity) Act 2001Police Service Amendment (NSW Police) Act 2002Police Amendment (Appointments) Act 2002Police Legislation Amendment (Civil Liability) Act 2003Police Amendment (Senior Executive Transfers) Act 2004Police Amendment (Death and Disability) Act 2005Police Amendment (Police Promotions) Act 2006Police Amendment (Miscellaneous) Act 2006Police Amendment Act 2007Police Legislation Amendment (Recognised Law Enforcement Officers) Act 2010Police Amendment (Death and Disability) Act 2011Royal Commissions and Ombudsman Legislation Amendment Act 2013Police Amendment (Police Promotions) Act 2014any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done before the date of its publication.
The Police Force of New South Wales and the Police Department are, on the repeal of the former Act, dissolved.
(1) The part-time members of the Police Board under the Police Board Act 1983 holding office immediately before the repeal of that Act are to be taken to have been appointed as part-time members of the Police Board established by this Act for the balance of their terms of office.
(2) The part-time member holding office as Chairman of the Police Board under the Police Board Act 1983 immediately before the repeal of that Act is to be taken to have been appointed as Chairperson of the Police Board under this Act for the balance of his or her term of office.
(3) Anything done by or in relation to the Police Board under the Police Board Act 1983 is to be taken to have been done by or in relation to the Police Board under this Act.
The person holding office as Commissioner of Police under the former Act immediately before the repeal of the former Act is to be taken to have been appointed as the Commissioner of Police under this Act.
A person who, immediately before the repeal of the former Act, held office as a member of the Police Force is to be taken to be a police officer appointed to that office under this Act.
A person who, immediately before the repeal of the former Act, was an officer or temporary employee of the Police Department is to be taken to be an administrative officer or temporary employee, respectively, appointed or employed under this Act.
A person referred to in clause 6 or 7 is (until other provision is duly made under this or any other Act) to be employed in accordance with the awards, industrial agreements and determinations that would have applied to the person if the person had not become a member of the NSW Police and if the Police Force and the Police Department had not been dissolved.
In any other Act, in any instrument made under any Act, or in any document--
(a) a reference to the Police Force of New South Wales is a reference to that part of NSW Police which is comprised of police officers, and
(b) a reference to the Police Department is a reference to that part of NSW Police which is comprised of administrative officers, and
(c) a reference to the rules under the former Act is a reference to the regulations under this Act.
Any advertisement for the filling of a vacancy in the Police Force or the Police Department published before the repeal of the former Act, any applications duly made or any recommendations for appointment in accordance with the former Act and the Police Board Act 1983 are to be taken to have been done under this Act, and may be acted on accordingly.
Any disciplinary proceedings which, on the repeal of the former Act, are pending against a member of the Police Force under the former Act or against a member of the Police Department under the Public Sector Management Act 1988 are to be taken to be pending under this Act, and may be disposed of accordingly.
An oath taken, or affirmation made, by a member of the Police Force under the former Act is to be taken to be an oath taken, or affirmation made, under this Act.
Sections 26 and 26A of the former Act continue to apply to any act done by a member of the Police Force before the repeal of the former Act.
(1) The part-time member holding office as Chairperson of the Police Board immediately before the commencement of Schedule 1 (1) to the Police Service (Police Board) Amendment Act 1991 ceases to hold office as part-time member and Chairperson on that commencement, but is eligible (if otherwise qualified) for appointment as Chairperson of the Police Board under section 17A (as inserted by that Act).
(2) The other part-time member of the Police Board holding office immediately before the commencement of Schedule 1 (1) to the Police Service (Police Board) Amendment Act 1991 continues to hold office as a part-time member of the Police Board after that commencement for the balance of the member's term of office.
(1) Any proceedings to which the Public Employment Industrial Relations Authority is a party immediately before the commencement of the Police Service (Employer) Amendment Act 1992 are not affected by the amendments made by that Act.
(2) However, on the commencement of that Act the Commissioner is taken to be a party to those proceedings instead of the Public Employment Industrial Relations Authority, except in the case of any particular proceedings in respect of which it is agreed between the Commissioner and the Authority that the Authority is to continue to be a party to those proceedings.
(1) Any thing done by the Public Employment Industrial Relations Authority under Division 7 of Part 6 of this Act before the amendment of that Division by the Police Service (Employer) Amendment Act 1992 is taken, after the commencement of that Act, to have been done by the Commissioner.
(2) Any reference to that Authority in any award, determination or agreement entered into or made under that Division is taken, after that commencement, to be a reference to the Commissioner.
In this Part--
"amending Act" means the Police Service (Management) Amendment Act 1993 .
"appointed day" means the day appointed for the commencement of Schedule 1 (1)
to the amending Act.
(1) The Police Board constituted under section 15 (as in force immediately before the substitution of that section by the amending Act) is a continuation of, and the same legal entity as, the Police Board constituted under that section (as so substituted).
(2) A person who, immediately before the appointed day, held office as a member of the Police Board ceases to hold that office on the appointed day. The person is eligible (if otherwise qualified) to be re-appointed, but is not entitled to any remuneration or compensation for so ceasing to hold that office.
(3) A delegation by the Police Board made under section 21 and in force immediately before the substitution of that section by the amending Act is taken to be a delegation under that section (as so substituted), but only to the extent that the Police Board continues to have the relevant function.
(1) The person holding office as Commissioner immediately before the appointed day is taken to have been appointed as Commissioner on the appointed day for a period of 5 years or until the person reaches 65 years of age, whichever is the shorter period. However, if that person was appointed for a term, the person is taken to have been appointed for the balance of that term.
(2) For the avoidance of doubt, the provisions of the amending Act (including the provisions relating to the Commissioner's contract of employment and the Commissioner's removal from office) apply to the Commissioner during the period of appointment under this clause.
(3) Until the Commissioner enters into a contract of employment, the Commissioner is entitled to remuneration at the rate payable to the Commissioner immediately before the appointed day.
(4) A delegation by the Commissioner made under section 31 and in force immediately before the substitution of that section by the amending Act is taken to be a delegation under that section (as so substituted).
(1) The person holding office as Inspector General in NSW Police immediately before the day appointed for the commencement of Schedule 1 (3) to the amending Act is taken to have been appointed, on that day, to the position of Inspector General in the Public Service (being a position in the Ministry for Police) for the balance of the term of office as Inspector General in NSW Police.
(2) The contract of employment of that person under section 41 is taken, on that day and pending a new contract of employment, to be a contract of employment entered into under section 42G of the Public Sector Management Act 1988 .
(3) That person, or any other person who holds office as Inspector General, may exercise the functions of an authorised person under section 22 (Powers of entry and inspection) for the purposes of the Inspector General's functions.
(1) In this Part--
"amending Act" means the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 .
"former appeals Act" means the Police Regulation (Appeals) Act 1923 .
"former complaints Act" means the Police Regulation (Allegations of Misconduct) Act 1978 .
(2) In this Part, a reference to the repeal of the former appeals Act or the former complaints Act is (if different days are appointed for the repeal of different provisions) a reference to the repeal of the relevant provisions.
(1) Part 8A does not apply to conduct that occurred before the commencement of the former complaints Act.
(2) Part 8A extends to conduct that occurred after the commencement of the former complaints Act and before the commencement of Part 8A.
(3) Anything duly done before the commencement of that Part under a provision of the former complaints Act is (subject to the regulations under this Schedule) taken to have been duly done under the corresponding provision of that Part.
(1) Part 9 applies to conduct occurring before or after the substitution of that Part by the amending Act (including conduct that occurred before the commencement of that Part on 1 July 1990).
(2) Anything duly done in respect of any disciplinary matter before that substitution of Part 9 under a provision of the former Act, the former complaints Act, the former appeals Act or the regulations under those Acts or this Act is (subject to the regulations under this Schedule) taken to have been duly done under the corresponding provision of that substituted Part 9.
(1) Divisions 5A and 5B of Part 6 extend to decisions made before the commencement of those Divisions.
(2) Anything duly done before the commencement of those Divisions under a provision of the former appeals Act is (subject to the regulations under this Schedule) taken to have been duly done under the corresponding provision of those Divisions.
(1) The Police Tribunal of New South Wales established under the former complaints Act is the same court as the Police Tribunal of New South Wales established under Part 9A of this Act.
(2) A person who, immediately before the repeal of the former complaints Act, held office as President or Deputy President of the Police Tribunal is taken to have been appointed to that office under Part 9A of this Act for the balance of the person's term of office.
(3) The repeal of the former complaints Act does not affect any proceedings pending before the Police Tribunal immediately before the repeal of that Act and those proceedings may (subject to this Act) be continued despite that repeal.
(1) An amendment of this Act or the Ombudsman Act 1974 made by the Police Service (Complaints) Amendment Act 1994 extends to conduct occurring or complaints made before the commencement of the amendment.
(2) Anything done, or purporting to have been done, under this Act or the Ombudsman Act 1974 at any time after the commencement of the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 on 1 July 1993 and before the commencement of any amendment made by the Police Service (Complaints) Amendment Act 1994 that would have been validly done only if that amendment had been in force at that time is validated.
(3) This clause applies to a matter despite any legal proceedings pending with respect to the matter on the commencement of this clause. However, this clause does not affect any judgment or order given or made by a court before that commencement with respect to a particular matter as between the parties to the proceedings.
The amendment made to section 53 (Compensation etc where executive officer has no right to return to public sector) by the Public Sector Management Amendment Act 1995 does not apply in respect of a person during a term of office as an executive officer that commenced before the commencement of that amendment.
(1) A member of NSW Police who is a non-executive commissioned police officer within the meaning of Part 6 immediately before the commencement of section 72A (Five year term appointments) is to be appointed under that section for a term of office of 5 years from the officer's deemed appointment day.
(2) An officer's deemed appointment day is--(a) if the officer was a non-executive commissioned police officer immediately before the beginning of 1 January 1996--1 January 1996, or(b) if the officer became a non-executive commissioned police officer on or after 1 January 1996--the day on which the officer became a non-executive commissioned police officer.
(3) If an officer's projected date of retirement is before the end of the 5 year term provided for by subclause (1), the term of the appointment is to be (instead of 5 years) for the period up to that projected date of retirement or 12 months (whichever provides the longer term of office). An officer's
"projected date of retirement" is the officer's projected date of retirement from NSW Police as determined by the Commissioner after consultation with the officer.
(4) This clause does not apply to an officer to whom clause 32 applies.
(1) The amendments made by the Police Service Amendment (Commissioned Officers) Act 1996 do not apply to a member of NSW Police who was a non-executive commissioned police officer immediately before the beginning of 1 January 1996 with a projected date of retirement from NSW Police (as determined by the Commissioner after consultation with the officer) earlier than 1 January 1997.
(2) This Act continues to apply to such an officer as if the Police Service Amendment (Commissioned Officers) Act 1996 had not been enacted.
In this Part--
"amended Act" means this Act, as amended by the amending Act.
"amending Act" means the Police Legislation Further Amendment Act 1996 .
(1) The Police Board is abolished.
(2) Part 8 of the Public Sector Management Act 1988 applies to each member of the Police Board as if the member had been removed from office by the Governor under section 90 of that Act.
Any function exercised by the Police Board with respect to a process (such as the appointment of staff to, or the removal of staff from, NSW Police) that had not been completed before the commencement of this clause is, for the purpose of enabling that process to be completed, taken to have been exercised--
(a) by the Commissioner, in the case of a function that is required by the amended Act to be exercised by the Commissioner, or
(b) by the Minister, in the case of a function that is required by the amended Act to be exercised by the Minister.
Nothing in an amendment made by the amending Act affects the appointment of a member of NSW Police who held office as such immediately before the commencement of that amendment.
A contract of employment between an executive officer and the Police Board that was in force under Part 5 immediately before the abolition of the Police Board is taken to be a contract of employment, between the executive officer and the Commissioner, for the remainder of the term fixed by the contract.
Section 206, as inserted by the amending Act, applies to a protected allegation referred to in section 206 (1) even if the allegation relates to conduct or activities engaged in, or to matters arising, before the commencement of that section.
(1) Any action that had been commenced under section 181B but had not been completed before the repeal of that section may be completed, and an application may be made under Part 6 of Chapter 2 of the Industrial Relations Act 1996 in respect of any such action, as if that section had not been repealed.
(2) Any application under Part 6 of Chapter 2 of the Industrial Relations Act 1996 in respect of action under section 181B, being an application made before or after the repeal of that section, may be dealt with under that Act as if section 181B had not been repealed.
In this Part--
"amended Act" means this Act, as amended by the amending Act.
"amending Act" means the Police Service Amendment Act 1997 .
An amendment made by Schedule 1 to the amending Act does not apply to any order made under section 181D before the commencement of that amendment.
Any proceedings before the Supreme Court--
(a) that were commenced before the commencement of Schedule 1 [4] to the amending Act in connection with a decision or order made under section 181D, or
(b) that are commenced after the commencement of Schedule 1 [4] to the amending Act in connection with a decision or order made under section 181D before that commencement,are to be dealt with, and any judgment, order or direction of the Supreme Court in any such proceedings is to be given effect to, as if the amending Act had not been enacted.
(1) This clause applies to an answer made, or document or other thing produced, by a witness at a hearing before the Police Integrity Commission, as referred to in section 40 (3) of the Police Integrity Commission Act 1996 .
(2) The amendment made to section 40 (3) of the Police Integrity Commission Act 1996 by Schedule 2 to the amending Act applies to an answer made, or document or other thing produced, before the commencement of that Schedule in the same way as it applies to an answer made, or document or other thing produced, after the commencement of that Schedule.
In this Part--
"amending Act" means the Police Service Amendment (Complaints and Management
Reform) Act 1998 .
(1) This clause commences on the commencement of Schedule 1 [8] to the amending Act.
(2) The Police Tribunal is abolished.
(3) No compensation is payable to any member of the Police Tribunal as a consequence of its abolition.
Any complaint that was made under Part 8A before the commencement of Schedule 1 [3] to the amending Act is to be dealt with in accordance with Part 8A, as in force before that commencement, as if the amending Act had not been enacted.
Proceedings before the Police Tribunal that were commenced under this Act before the commencement of Schedule 1 [5] to the amending Act are to be dealt with, and any order or decision of the Tribunal in any such proceedings is to be given effect to, as if the amending Act had not been enacted.
Proceedings before GREAT that were commenced under section 182 before the commencement of Schedule 1 [7] to the amending Act are to be dealt with, and any order or decision of the Tribunal in any such proceedings is to be given effect to, as if the amending Act had not been enacted.
Divisions 1 and 1A of Part 9, as inserted by Schedule 1 [5] to the amending Act, apply to and in respect of misconduct and unsatisfactory performance occurring before the commencement of that item in the same way as they apply to and in respect of misconduct and unsatisfactory performance occurring after that commencement.
(1) The provisions of Part 8A, as in force immediately before the commencement of Schedule 1 [3] to the amending Act, continue to apply to and in respect of complaints referred to in section 25 of the Police Department (Transit Police) Act 1989 (whether made before or after the commencement of that item) as if the amending Act had not been enacted.
(2) The provisions of Division 1 of Part 9, as in force immediately before the commencement of Schedule 1 [5] to the amending Act, continue to apply to and in respect of breaches of discipline referred to in section 27 of the Police Department (Transit Police) Act 1989 (whether arising before or after the commencement of that item) as if the amending Act had not been enacted.
(3) The provisions of Division 2 of Part 9, as in force immediately before the commencement of Schedule 1 [7] to the amending Act, continue to apply to a decision of the Commissioner under Division 1 of Part 9, as in force immediately before the commencement of Schedule 1 [5] to the amending Act, in relation to breaches of discipline referred to in section 27 of the Police Department (Transit Police) Act 1989 (whether arising before or after the commencement of Schedule 1 [7] to the amending Act) as if the amending Act had not been enacted.
The provisions of section 216, as amended by the Police Service Amendment (Special Risk Benefit) Act 1998 , and section 216A, as inserted by that Act, extend to--
(a) an amount that is paid after the commencement of those provisions, or
(b) a decision that is made after the commencement of those provisions to refuse to pay an amount,in relation to an injury sustained by a police officer before the commencement of those provisions.
(1) Any act, matter or thing done before the commencement of the eligibility list provisions in respect of a vacant non-executive position of an administrative officer that could have been validly done had those provisions been in force at the time it was done is taken to have been (and always to have been) validly done.
(2) A reference in the eligibility list provisions to an eligibility list extends to include a reference to an eligibility list created before the commencement of those provisions, the creation of which is validated by subclause (1).
(3) In this clause--
"the eligibility list provisions" means the provisions of sections 67A, 80 (c) and 81 (2A) and (4), as inserted by the Police Service Amendment (Selection and Appointment) Act 2000 .
The guidelines in force under section 145 (3) immediately before its repeal by the Police Service Amendment (Complaints) Act 2001 are taken to be guidelines for the purposes of section 169A but may be amended or revoked by the Commissioner.
(1) The provisions of section 206 (2A) and (2B) extend to proceedings for an offence against section 206 committed before the commencement of those provisions, but only if the hearing in respect of the offence has not commenced.
(2) Section 206 (4A) extends to proceedings for an offence against section 206 committed less than 6 months before the commencement of that subsection.
The amendments made by Schedule 1 [3], [5], [18] and [22] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to a person who is eligible for appointment to a vacant position on the commencement of the amendments.
The amendments made by Schedule 1 [11] and [12] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to a position that is a vacant position within the meaning of section 63 (1), as amended by that Act, as at the commencement of those amendments.
The amendments made by Schedule 1 [8] and [9] and [12]-[14] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to a person who is eligible for appointment to a vacant position on the commencement of the amendments.
(1) Section 71B extends to a decision made before the commencement of that section to appoint a person to a non-executive commissioned police officer position.
(2) Section 77B extends to a decision made before the commencement of that section to appoint a person to a position of police officer of the rank of sergeant.
The provisions of section 81D (c)-(f) as inserted by Schedule 1 [25] to the Police Service Amendment (Promotions and Integrity) Act 2001 extend to an appeal made to GREAT before the commencement of those provisions and that has not commenced to be heard before that commencement.
Section 81E, as inserted by Schedule 1 [26] to the Police Service Amendment (Promotions and Integrity) Act 2001 , extends to an appeal made to GREAT before the commencement of that section and that has not been finally determined by GREAT before that commencement.
Division 2A of Part 9 extends to a promotion made before the commencement of that Division.
Subject to the regulations, in any other Act or instrument--
(a) a reference to the Police Service of New South Wales (however expressed) is to be construed as a reference to NSW Police, and
(b) a reference to a member of the Police Service of New South Wales (however expressed) is to be construed as a reference to a member of NSW Police.
(1) Any person or body of persons who, immediately before the commencement of this clause, was lawfully carrying on an activity under an operating name (within the meaning of section 204A) that includes the word "police" is taken, on that commencement, to have been granted a consent under section 204B (1) to the carrying on of that activity under that name.
(2) The provisions of section 204B apply to a consent referred to in subclause (1) in the same way as they apply to a consent granted under section 204B (1).
An amendment made by Schedule 1 [1], [3], [5], [10] or [12] to the Police Amendment (Appointments) Act 2002 extends to the appointment of a person to an office or position that was advertised but not filled before the commencement of the amendment.
The amendment made by Schedule 1 [7] to the Police Amendment (Appointments) Act 2002 does not apply to or in respect of a transfer to a position that was advertised but not filled before the commencement of the amendment.
(1) Section 213 (as substituted by the Police Legislation Amendment (Civil Liability) Act 2003 ) extends to any act or omission of a member of NSW Police that was done, or omitted to be done, before the commencement of that section.
(2) However, section 213 (as substituted by the Police Legislation Amendment (Civil Liability) Act 2003 ) does not extend to any proceedings in respect of any such act or omission brought before the commencement of that section.
The amendments made by the Police Amendment (Senior Executive Transfers) Act 2004 extend to a position that is vacant at the commencement of the amendments.
In this Part--
"amending Act" means the Police Amendment (Death and Disability) Act 2005 .
"death or incapacity benefit" means a benefit payable to or in respect of a
police officer under a police officers award (whether provided for in that
award or by or under any Act, law or instrument) if--
(a) the police officer dies, or
(b) the police officer suffers total and permanent incapacity or partial and permanent incapacity.
(a) the Crown Employees (Police Officers Death and Disability) Award 2005 , until its rescission by the Police Amendment (Death and Disability) Act 2011 , and
(b) after that rescission, the provisions of Part 9B of this Act and an approved death and disability insurance policy under that Part.
(1) Sections 216 and 216A (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) continue to apply to and in respect of a police officer as if those sections had not been repealed and amended, respectively, if--(a) the police officer was hurt on duty before the repeal of section 216, and(b) he or she is not subsequently entitled to a death or incapacity benefit in respect of that injury.
(2) If an amount is paid under section 216 or 216A (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) in relation to a physical or mental injury for which a death or incapacity benefit is also paid, the person to whom the amount is paid is liable to repay the amount to the Commissioner.
(3) Any amount due to the Commissioner under this clause may be recovered as a debt in a court of competent jurisdiction.
(4) Subclauses (2) and (3) apply whether or not the amount was received before or after the commencement of this clause.
In this Part--
"amending Act" means the Police Amendment (Police Promotions) Act 2006 .
"pre-2006 promotion laws" means this Act, and the Police Regulation 2000 , as
in force before their amendment by the amending Act.
"promotion list" has the same meaning as it has in Part 6 of this Act.
(1) The pre-2006 promotion laws continue to apply to or in respect of the appointment of officers by way of promotion to positions of the rank or grade within a rank of sergeant, senior sergeant, inspector and superintendent (other than positions of executive officers within the meaning of Part 5 of this Act).
(2) The pre-2006 promotion laws cease to so apply to or in respect of appointments to positions of a particular rank or grade within a rank when a promotion list is first established for that rank or grade under this Act (as amended by the amending Act).
(3) Despite subclause (2), an appeal may be made and dealt with in accordance with the pre-2006 promotion laws, in respect of an appointment made under those laws, after they cease to apply.
(4) The application of this Act, as amended by the amending Act, to a rank or grade within a rank for which a promotion list has been established does not affect the continuing application of the pre-2006 promotion laws to a rank or grade within a rank for which a promotion list has not been established.
(5) This clause has effect subject to the regulations.
(1) Police officers may undertake qualification and assessment procedures for placement on the first promotion lists for particular ranks or grades within ranks.
(2) This Act, and the Police Regulation 2000 , as amended by the amending Act, apply to the extent necessary to enable the establishment of the first promotion lists and qualification for placement on those lists.
(3) To avoid doubt, a person who is undertaking qualification for placement on a first promotion list for a rank may, before that list is established, continue to apply for positions of that rank in accordance with the pre-2006 promotion laws.
(4) This clause has effect subject to the regulations.
An eligibility list in force under section 67A immediately before its repeal by the amending Act in respect of a position of an administrative officer continues in force and is taken to have been made under section 82F, as inserted by the amending Act.
In this Part--
"amending Act" means the Police Amendment (Miscellaneous) Act 2006 .
(1) Subject to the regulations, in any other Act or instrument--(a) a reference to NSW Police (however expressed) is to be construed as a reference to the NSW Police Force, and(b) a reference to a member of NSW Police (however expressed) is to be construed as a reference to a member of the NSW Police Force, and(c) a reference to NSW Police Senior Executive Service (however expressed) is to be construed as a reference to the NSW Police Force Senior Executive Service.
(2) Subject to the regulations, a reference in a provision of any other Act or instrument that commenced or was inserted before the commencement of this Act to a member of the Police Force is to be construed as a reference to a police officer.
(1) The positions listed in Schedule 2 to this Act, as in force immediately before the repeal of that Schedule by the amending Act, are taken to be positions determined by the Minister under Division 2 of Part 5 and this Act applies accordingly.
(2) Any such position or positions may be the subject of a determination by the Minister under Division 2 of Part 5 amending or omitting them.
Section 144, as amended by the Police Amendment Act 2007 , and section 148A, as inserted by that Act, extend to complaints made before the commencement of that amendment and that section.
(1) A person appointed as a special constable under section 101 (1A) (a) of the Police (Special Provisions) Act 1901 immediately before the repeal of that paragraph ceases to hold the office of special constable on that repeal.
(2) The repeal of section 101 (1A) (a) of the Police (Special Provisions) Act 1901 does not affect the validity of the exercise of any function by a special constable before that repeal or any proceedings initiated by a special constable before that repeal.
The amendments made to sections 39A (3) and 82F (3) by the Statute Law (Miscellaneous Provisions) Act 2011 extend to eligibility lists having effect immediately before the commencement of those amendments.
Any consent in force under section 204B immediately before the commencement of Schedule 3.15 to the Business Names (Commonwealth Powers) Act 2011 continues in force until such time as it is revoked under that section (as amended).
Any collection, use or disclosure of vetting information to or by the Commissioner that occurred before the commencement of section 96B, as inserted by the Independent Commission Against Corruption and Other Legislation Amendment Act 2013 , is taken to have been validly done if the collection, use or disclosure would have been valid if done on or after that commencement.
(1) A person holding office as a special constable under the Police (Special Provisions) Act 1901 ceases to hold that office on the repeal of that Act by the Police Legislation Amendment (Special Constables) Act 2013 .
(2) The repeal of the Police (Special Provisions) Act 1901 does not affect the validity of the exercise of any function, or any proceeding initiated, by a special constable before that repeal.
(1) In this clause and clause 86--
"existing NSW Police Force special constable" means a member of the NSW Police Force holding office as a special constable under the Police (Special Provisions) Act 1901 immediately before the repeal of that Act.
(2) An existing NSW Police Force special constable is, on the commencement of this clause--(a) taken to have been appointed by the Commissioner under section 82L as a non-executive administrative officer (special constable), or(b) in the case of an existing NSW Police Force special constable who is a member of the NSW Police Force solely by reason of being a member of the Police Band--taken to have been appointed by the Commissioner as a non-executive administrative officer under section 82A.
(1) In this clause and clause 86--
"existing security officer" means a person holding office as a special constable under the Police (Special Provisions) Act 1901 immediately before the repeal of that Act who--(a) is employed in the service of the Crown, other than in the NSW Police Force, to perform security duties, and(b) is subject to the day-to-day direction of the Commissioner.
(2) On the commencement of this clause, an existing security officer specified in an order made under subclause (3)--(a) is transferred to the NSW Police Force, and(b) is taken to have been appointed by the Commissioner under section 82L as a non-executive administrative officer (special constable).
(3) The Minister may, on the recommendation of the Commissioner, by order in writing specify the existing security officers to be transferred and appointed under subclause (2).
(1) In this clause and clause 86--
"existing Police Band member" means a person holding office as a special constable under the Police (Special Provisions) Act 1901 immediately before the repeal of that Act and who is employed in the service of the Crown, other than in the NSW Police Force, as a member of the Police Band.
(2) On the commencement of this clause, an existing Police Band member specified in an order made under subclause (3)--(a) is transferred to the NSW Police Force, and(b) is taken to have been appointed by the Commissioner as a non-executive administrative officer under section 82A.
(3) The Minister may, on the recommendation of the Commissioner, by order in writing specify the existing Police Band members to be transferred and appointed under subclause (2).
(1) A person taken to have been appointed to a position of non-executive administrative officer by virtue of clause 83, 84 or 85--(a) is appointed at the same level of remuneration to which the person was entitled as an existing NSW Police Force special constable, existing security officer or existing Police Band member, and(b) retains all leave and other employment entitlements accrued by or accruing to the person as an existing NSW Police Force special constable, existing security officer or existing Police Band member.
(2) A person who is transferred to the NSW Police Force under clause 84 or 85--(a) is not entitled to receive any payment or other benefit merely by reason of that transfer, and(b) is not entitled to elect, because of the transfer, to be paid the money value of any extended or annual leave that the person had accrued as an existing security officer or existing Police Band member immediately prior to the transfer, and(c) is not entitled to claim, both under this or any other Act, dual benefits of the same kind for the same period of service.
Section 165 (2), as substituted by the Royal Commissions and Ombudsman Legislation Amendment Act 2013 , extends to evidence or documents acquired in the course of the administration or execution of Part 8A before the commencement of that subsection, as substituted.
In this Part--
"amending Act" means the
Government Sector Employment Legislation Amendment Act 2016 .
"former senior executive provisions" means--
(a) the provisions of Part 5 of this Act (and any other provisions of this Act that relate to the operation of that Part) as in force immediately before the substitution of that Part by the amending Act, and
(b) the provisions of Part 3A of the Statutory and Other Offices Remuneration Act 1975 as in force immediately before the commencement of the amendments made by the amending Act to that Part.
(a) who, immediately before the substitution of Part 5 of this Act by the amending Act, was employed as an executive officer under the former senior executive provisions (such a person is referred to in this Part as a
"transitional administrative SES executive" ), or
(b) who, immediately before the substitution of Part 6A of this Act by the amending Act, was employed under that Part in the NSW Police Force as an administrative officer in the classification or grade of senior officer (or in any equivalent classification or grade determined by the Commissioner for the purposes of this definition) and whose salary was more than the maximum salary for a clerk (Grade 12) in the Public Service (such a person is referred to in this Part as a
"transitional administrative SO executive" ).
(1) The person holding office as Commissioner on the commencement of the amendment made to section 27 of this Act by the amending Act continues in office as Commissioner for the balance of the person's existing term of office. However, the person ceases to hold office as Commissioner under this clause if the person vacates that office in accordance with Part 4 of this Act or if the person is subsequently appointed as Commissioner under Part 4 of this Act (as amended by the amending Act).
(2) A person who continues in office as Commissioner under this clause--(a) is taken to be employed in accordance with this Act (as amended by the amending Act) in the Public Service senior executive band determined in respect of that office, and(b) is not required to enter into a contract of employment under the new senior executive provisions for the purposes of the period of continued employment, and(c) has a remuneration package that is equivalent to the remuneration package of the person immediately before the commencement of this clause (unless the remuneration package is increased in accordance with the former senior executive provisions or as a result of progression within the applicable remuneration range), and(d) is, if the person is removed from office under this Act (as amended by the amending Act) on or after the commencement of this clause, entitled to the compensation (if any) provided under and in accordance with section 28 (7) of this Act (as in force immediately before the repeal of that subsection by the amending Act).
(1) The Commissioner is to review the senior executive structure of the NSW Police Force in order to transition senior executive employment in the NSW Police Force to the arrangements under the new senior executive provisions.
(2) The Commissioner is, in consultation with the Public Service Commissioner, to prepare an implementation schedule for the staged implementation of the new senior executive provisions to the extent they relate to transitional police senior executives and transitional administrative senior executives.
(3) The implementation schedule is to set out the date on which the new senior executive provisions will apply to transitional police senior executives and transitional administrative senior executives. Different dates may be set for different transitional senior executives.
(4) The date so set is the
"implementation date" for the transitional senior executive concerned.
(5) The implementation date for a transitional police senior executive or transitional administrative senior executive may be changed by the Commissioner in consultation with the Public Service Commissioner.
(6) The implementation date for a transitional police senior executive cannot be earlier than the end of the person's term of office under the former senior executive provisions.
(1) Until the implementation date for a transitional police senior executive, the new senior executive provisions apply to the executive subject to the following--(a) the executive is employed under the new senior executive provisions in term employment in the band under the senior executive bands determination that includes the remuneration package to which the executive continues to be entitled under this subclause,(b) the term for which the executive is taken to be so employed is (subject to this subclause)--(i) the balance of the person's term of office as a transitional police senior executive, and(ii) any additional period before the implementation date that the Commissioner may approve,(c) the executive is not required to enter into a contract of employment under the new senior executive provisions for the purposes of that period of continued employment,(d) the executive has a remuneration package that is equivalent to the remuneration package of the person under the former senior executive provisions (unless the remuneration package is increased in accordance with those provisions or as a result of progression within the applicable remuneration range),(e) if the executive's employment is terminated under section 40 of this Act (as inserted by the amending Act), the executive is entitled to the compensation provided under the former senior executive provisions (and is subject to any requirements under those provisions relating to the refund of that compensation) as if the termination had been a removal of the executive from office under those former provisions.
(2) On the implementation date for a transitional police senior executive, the person--(a) ceases to be a transitional police senior executive, and(b) is employed as a NSW Police Force senior executive under the new senior executive provisions.
(1) Until the implementation date for a transitional administrative SES executive, the new senior executive provisions apply to the executive subject to the following--(a) the executive is taken to be employed in the band under the Public Service senior executive bands determination that the Commissioner considers appropriate for the role of the executive,(b) the term for which the executive is taken to be so employed is (subject to this clause)--(i) the balance of the person's term of office as a transitional administrative SES executive, and(ii) any additional period before the implementation date that the Commissioner may approve,(c) the executive is not required to enter into a contract of employment under the new senior executive provisions for the purposes of that period of continued employment,(d) the executive has a remuneration package that is equivalent to the remuneration package of the person under the former senior executive provisions even if it exceeds the band in which the executive is employed,(e) if the executive's employment is terminated under section 40 of this Act (as inserted by the amending Act), the executive is entitled to the compensation provided under the former senior executive provisions (and is subject to any requirements under those provisions relating to the refund of that compensation) as if the termination had been a removal of the executive from office under the former senior executive provisions.
(2) The following provisions apply in relation to a person who is a transitional administrative SO executive until the person's implementation date--(a) the person is employed under Part 6A of this Act (as substituted by the amending Act) in ongoing employment,(b) the person is not employed in a band under the senior executive bands determination,(c) the conditions of employment applying to the person immediately before the commencement of this clause continue to apply to the person, subject to this clause,(d) if the person's employment is terminated under section 81E of this Act (as inserted by the amending Act), the person is entitled to the compensation that the person would have received had the person's employment been terminated immediately before the commencement of this clause.
(3) If a transitional administrative senior executive is assigned to a different role in the NSW Police Force--(a) the person does not cease to be a transitional administrative senior executive, and(b) the remuneration package of the transitional administrative senior executive is, despite subclause (1) (d) and subject to section 36 (7) of this Act, the remuneration package for the role to which the executive has been so assigned.Note--: See also subclause (7) for consequences of temporary assignments outside the NSW Police Force.
(4) On the implementation date for a transitional administrative senior executive--(a) the person ceases to be a transitional administrative senior executive, and(b) the employment of the person in the NSW Police Force is terminated unless the person is employed in the NSW Police Force on and from the implementation date in accordance with this Act (whether as a NSW Police Force senior executive or as a non-executive administrative employee, and whether following recruitment action or, in the case of a transitional administrative SO executive, following redeployment as an excess employee), and(c) any such termination of the employment of a person who was a transitional administrative SES executive is taken to be a termination under section 40 of this Act to which subclause (1) (e) applies, and(d) any such termination of the employment of a person who was a transitional administrative SO executive is taken to be a termination under section 81E of this Act to which this Act (including the conditions of employment preserved by this clause) applies, and(e) section 42 of this Act applies to any such termination of employment of a person (whether an existing administrative SES executive or an existing administrative SO executive) on the basis that the person is an executive employee for the purposes of that section.
(5) The following applies to the creation of a role within the new senior executive structure of the NSW Police Force (to the extent that it relates to administrative employees) and to the initial recruitment action under this Act to fill that role--(a) the work level and other employment arrangements relating to a new role within that new structure are to be determined under this Act and are not determined by the work level and other arrangements that applied to roles in the former executive structure of the NSW Police Force,(b) transitional administrative senior executives may be recruited to any such new role before or at the end of the period of their continued employment as transitional administrative senior executives,(c) the initial recruitment action to fill any such role is to be limited to the following candidates (having regard to the type and level of the role and any other relevant matter)--(i) any transitional administrative senior executives who occupy a similar role in the NSW Police Force,(ii) any NSW Police Force senior executives employed in a similar role after the substitution of Part 5 of this Act by the amending Act,(iii) any other persons employed in the NSW Police Force whom the Commissioner considers appropriate.
(6) Initial recruitment action to fill a role within the new senior executive structure of the NSW Police Force Public Service agency (to the extent that it relates to administrative employees) is not required to be limited as referred to in subclause (5) (c) if--(a) there are no candidates of the kind referred to in subclause (5) (c) (i) or (ii) for the recruitment action concerned, or(b) the role is not similar to any role in the former executive structure of the NSW Police Force.
(7) If a transitional administrative senior executive is temporarily assigned to work outside the NSW Police Force--(a) the person does not cease to be a transitional administrative senior executive, and the implementation date for the executive does not change, because of that temporary assignment, and(b) the person retains his or her eligibility under subclause (5) as a candidate for initial recruitment action in the NSW Police Force, and(c) the person is also eligible under subclause (5) as a candidate for initial recruitment action in relation to a similar role in the other government sector agency to which the person is temporarily assigned.
(1) For the purposes of clauses 91 and 92, the remuneration package of a person under the former senior executive provisions includes any of the following determined by the Statutory and Other Offices Remuneration Tribunal and payable to the person under those provisions--(a) a remuneration package that is payable to the person as the holder of the relevant position under the former senior executive provisions that exceeds the remuneration package otherwise determined for the senior executive level of the person,(b) an additional amount payable as a recruitment allowance.
(2) If a person referred to in subclause (1) to whom a recruitment allowance is payable is subsequently employed in accordance with the new senior executive provisions as a NSW Police Force senior executive, the person continues to be entitled to so much of that former recruitment allowance as will ensure that the remuneration payable after that subsequent employment is not less than the remuneration payable before that subsequent employment. Any general increase in remuneration packages to account for an annual determination of the Statutory and Other Offices Remuneration Tribunal is to be excluded and does not operate to reduce the amount of recruitment allowance payable.
(3) This subclause applies to a transitional administrative SES executive who is subsequently employed in accordance with the new senior executive provisions as a NSW Police Force senior executive and who is assigned to a new role (or subsequently assigned to a different role) that is of equivalent work value as the person's former position, office or role. The remuneration package of the person in any such new or different role is to be not less than the remuneration package of the person immediately before the person was so subsequently employed.
(4) This subclause applies to a transitional administrative SO executive who is subsequently employed in accordance with the new senior executive provisions as a NSW Police Force senior executive and who is assigned to a role (when first so employed) that is of equivalent work value as the person's position immediately before the commencement of this clause. The person may be paid an allowance, determined by the Commissioner in accordance with guidance provided by the Public Service Commissioner, to avoid any financial disadvantage as a NSW Police Force senior executive in that role (or any other assigned role of equivalent work value) compared to the remuneration payable immediately before the person was so subsequently employed.
(5) A retention allowance payable under the former senior executive provisions to a person to whom clause 91 or 92 applies is payable for completed years of service (or pro rata for completed parts of years of service) on the date the person ceases to be a person to whom that clause applies (otherwise than by resignation).
(1) A person (other than a transitional administrative SO executive) who was employed in the NSW Police Force as a non-executive administrative officer immediately before the substitution of Part 6A of this Act by the amending Act is, on that substitution, taken to be employed in ongoing employment as a non-executive administrative employee under that Part.
(2) The application of the provisions of this Act, the regulations and the government sector employment rules to any such person is subject to the provisions of this Schedule.
(3) The substitution of Part 6A of this Act does not affect the continuity of service of a person taken to be employed under this clause, any accrued rights to leave under the former Part 6A or any accrual of rights to leave under this Act.
(4) A person who is taken to be employed under this clause is taken to be employed in a role or classification of work that corresponds to the kind and grade of work of the person's position or work on the substitution of Part 6A.
(1) A person who was employed in the NSW Police Force as a temporary employee immediately before the repeal of Part 7 of this Act by the amending Act (an
"existing temporary employee" ) is, on that repeal, taken to be employed in temporary employment as a non-executive administrative employee under Part 6A of this Act (as substituted by the amending Act).
(2) The application of the provisions of this Act, the regulations and the government sector employment rules to an existing temporary employee is subject to the provisions of this Schedule.
(3) The repeal of Part 7 of this Act (the
"repealed Part" ) does not affect the continuity of service of an existing temporary employee, any accrued rights to leave under the repealed Part or any accrual of rights to leave under this Act (as amended by the amending Act).
(4) A person who is taken to be employed under this clause is taken to be employed in a role or classification of work that corresponds to the kind and grade of the person's work on the repeal of Part 7.
(5) The Commissioner is to determine a date for the purposes of this clause in respect of each existing temporary employee (the
"determined date" ).
(6) If the term of employment of an existing temporary employee is due to expire before the determined date, the person's temporary employment may be extended before it expires in accordance with the repealed Part as if that Part had not been repealed. However, if the temporary employment is to be extended beyond the determined date, the extension of the existing temporary employee's employment must satisfy the requirements of the government sector employment rules relating to temporary employment.
(7) On and from the determined date, any extension of the temporary employee's employment must be made in accordance with the provisions of the government sector employment rules relating to temporary employment.
(8) Despite its repeal, section 91A of this Act continues to apply, until the determined date, in relation to an existing temporary employee who is a long-term temporary employee within the meaning of that section. Any appointment of the employee under that section as so continued by this clause is taken to be employment in ongoing employment under this Act in a relevant role.
(9) On and from the determined date, any conversion of an existing temporary employee's employment to ongoing employment must be made in accordance with the provisions of the government sector employment rules.
(1) Any recruitment action relating to an administrative officer position that was commenced within the period of 12 months immediately before 31 October 2017, but not completed before that date, may be completed as if this Act had not been amended by the amending Act.
(2) Without limiting the operation of subclause (1), the Commissioner may, in taking recruitment action that was pending immediately before 31 October 2017 in relation to an administrative officer position, or in taking recruitment action that is commenced before 31 October 2019 in relation to an administrative employee role, choose to proceed--(a) under the provisions of this Act and the regulations made under this Act (as in force immediately before 31 October 2017) relating to the recruitment of administrative officers (the
"former recruitment provisions" ), in which case those provisions continue, despite the amendments made by the amending Act, to have effect in relation to the recruitment action, or(b) under the provisions of this Act (as amended by the amending Act), the regulations made under this Act (as so amended), and the government sector employment rules made under the Government Sector Employment Act 2013 , relating to the recruitment of administrative employees (the
"new recruitment procedures" ).
(3) Any recruitment action relating to an administrative employee role on and from 31 October 2019 must comply with the new recruitment procedures.
(1) Any arrangement under section 95 or 95A of this Act that had effect immediately before 31 October 2017 is not affected by the amendments made to this Act by the amending Act.
(2) In the case of any such existing arrangement that is in the nature of a secondment to or from a government sector agency within the meaning of the Government Sector Employment Act 2013 , the person concerned is entitled to return to the government sector agency from which the person was seconded at the same work level at which the person was employed immediately before being seconded.
(1) An eligibility list that was current under this Act (or the regulations made under this Act) immediately before 31 October 2017 may continue to be used in relation to a role that is comparable to the position for which the list was created, but only until such time as the list would otherwise cease to have effect in accordance with this Act (or the regulations made under this Act) as in force immediately before that date.
(2) If, in accordance with clause 95A (2) (a), recruitment action is taken under the former recruitment provisions, an eligibility list for the purposes of that recruitment may be created under this Act (or the regulations made under this Act) as if this Act had not been amended by the amending Act.
(3) Any such eligibility list ceases to have effect on 31 October 2018.
A person who is removed from office as Commissioner under section 28 or whose appointment as Deputy Commissioner or Assistant Commissioner is terminated under section 40 is, on that removal or termination, taken to be a police officer for the purposes only of enabling the person to make an application for benefits under the Police Regulation (Superannuation) Act 1906 as a police officer and enabling matters in connection with that application to be dealt with.
In any other Act, in any statutory or other instrument, or in any contract or agreement, a reference to a special constable within the meaning of section 82L of this Act is to be construed as a reference to a special constable within the meaning of section 81G of this Act.
(1) The provisions of any regulation made under Part 1 of this Schedule consequent on the enactment of the amending Act have effect despite anything to the contrary in this Part.
(2) The regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act may make separate savings and transitional provisions or amend this Part to consolidate the savings and transitional provisions.
(1) The Minister is to review the following provisions of this Act to determine whether the policy objectives of the provision remain valid and whether the terms of the provision remain appropriate for securing those objectives--(a) section 28 (as amended by the amending Act),(b) sections 28A, 33 (3), 40 and 41 (as inserted by the amending Act).
(2) The review is to be undertaken as soon as possible after the end of the period of 2 years following the commencement of this clause.
(3) A report on the outcome of the review is to be tabled in each House of Parliament as soon as practicable after the review is completed.
In this Part--
"LECC Act" means the Law Enforcement Conduct Commission Act 2016 .
The complaints information system established under Part 8A of this Act before its amendment by the LECC Act is taken to have been established for the purposes of the misconduct matters information system under Part 8A as amended by the LECC Act.
Any complaint made, or referred, to the Commissioner under Part 8A of this Act as in force before its amendment by the LECC Act may (subject to Part 2 of Schedule 3 to the LECC Act) be dealt with by the Commissioner in accordance with Part 8A as if it had not been amended by the LECC Act.
In this clause--
"amendment Act" means the Police Amendment (Police Officer Support Scheme) Act
2024 .
"commencement" means the commencement of the amendment Act.
"former insurance policy" means any benefit that formed part of the approved
death and disability insurance policy as in force under Part 9B before the
commencement.
If a police officer receives a payment as a result of the former insurance policy and under the police officer support scheme in relation to the same injury, the police officer must repay the amount of the payment under the police officer support scheme.
(1) This clause applies if the date of assent to the amendment Act is after 1 October 2024.
(2) The Minister's approval of, and the Treasurer's concurrence to, a scheme under section 199B(1) may be specified in the approval and concurrence to have taken effect from 1 October 2024.
(3) The first regulation made under section 199G(1)(a) may provide that the regulation is taken to have commenced on 1 October 2024.
The Industrial Relations Act 1996 , section 146D(2) applies to proceedings relating to the police officer support scheme as if a reference in that provision to the Police Amendment (Death and Disability) Act 2011 were a reference to the Police Amendment (Police Officer Support Scheme) Act 2024 .