New South Wales Repealed Regulations

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This legislation has been repealed.

POLICE REGULATION 2008

- Made under the Police Act 1990
- As at 1 September 2015
- Reg 394 of 2008

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - POLICE OFFICERS

           Division 1 - General provisions

   4.      Division of State for police purposes
   5.      Grades within ranks of police officers
   6.      General responsibilities of police officers
   7.      Oath or affirmation of office for police officers
   8.      Performance of duties by police officers
   9.      Responsibilities of off-duty police officers
   10.     Health assessment of police officers
   11.     Certificate of service
   11A.    Appointments to specialist positions--required time at rank

           Division 2 - Appointment and promotion of constables

   12.     Appointment of constables on probation
   13.     Confirmation of appointment as constable
   14.     Fitness report for probationary constables
   15.     Promotion of constables
   16.     Fitness report for promotion to senior constable
   17.     Exceptional bravery or specially meritorious service

           Division 3 - Appointment of sergeants

   18.     (Repealed)
   19.     Requirements for appointment as sergeant
   20.     (Repealed)

           Division 4 - Appointment of inspectors

   21.     Application of Division
   22.     Requirements for appointment as inspector

           Division 5 - Appointment of superintendents

   23.     Application of Division
   24.     Requirements for appointment as superintendent

           Division 6 - Promotion lists

   25.     Establishment of promotion lists
   25A.    (Repealed)
   26.     Eligibility requirements
   27.     Rankings on promotion lists
   28.     Time for acceptance of promotion offers
   29.     Removal or suspension from list
   30.     Currency of promotion list
   31.     Replacement promotion lists

           Division 7 - Reviews in relation to promotion lists

              Subdivision 1 - Preliminary

   32A.    Definition
   32.     Delegation

              Subdivision 2 - Pre-qualifying assessments

   33.     Review of performance in pre-qualifying assessment

              Subdivision 3 - Promotion examinations

   34.     Review of performance in promotion examination

              Subdivision 4 - Management performance reviews

   35.     Application for review of performance management decision
   36.     Referral of application to Review Panel
   36A.    Referral to Review Panel of decisions to award low or high scores for management performance reviews
   37.     Convening of Management Performance Review Panels
   38.     Procedure for conducting review
   39.     Decision of Review Panel

              Subdivision 5 - Eligibility programs

   40.     Review of eligibility program results

              Subdivision 6 - Promotions Review Committee

   41.     Establishment and composition of Promotions Review Committee
   42.     Application for review by Review Committee
   43.     Procedure for conducting review
   44.     Decision of Review Committee

              Subdivision 7 - Other reviews

   45.     Review of decisions made on integrity grounds
   46.     Procedure for conducting review
   47.     Decision of appointed person

           Division 8 - Retention of information concerning police officers

   48.     Retention of information concerning police officers

           Division 9 - Misconduct and unsatisfactory performance

   49.     Police officer to report misconduct
   50.     Victimisation
   51.     Suspension
   52.     Proceedings against police officers
   53.     Secrecy as to complaints about conduct
   53A.    Disclosure of documents concerning action under Part 9 of Act subject to client legal privilege (legal professional privilege)

           Division 10 - Complaints information system

   54.     Establishment of complaints information system

           Division 11 - Remedial performance programs

   55.     Remedial performance programs

           Division 12 - Uniform and insignia

   56.     Police officers to wear uniform
   57.     Insignia of rank
   58.     Responsibility for loss or damage

           Division 13 - Commissioner's Valour Award

   59.     Conferral of Valour Award
   60.     Bar for Valour Award
   61.     Form of Valour Award

           Division 14 - New South Wales Police Medal

   62.     Conferral of Medal

           Division 15 - Payment of gratuities and rewards

   63.     Payment of gratuities for special services
   64.     Special leave benefit where police officer disengaged

   PART 3 - ADMINISTRATIVE OFFICERS AND TEMPORARY EMPLOYEES

   65.     General responsibilities of administrative officers and temporary employees
   66.     (Repealed)
   67.     Health assessment of administrative officers
   68.     Appointments on probation
   69.     Application of Public Service conditions of employment

   PART 4 - MEMBERS OF THE NSW POLICE FORCE GENERALLY

   70.     Acting or relieving in other positions
   71.     Administrative officers and temporary employees may not exercise police powers
   72.     Members refusing promotion or appointment
   73.     Name-plates to be worn
   74.     Numerical identification plates to be worn
   75.     Confidential information

   PART 5 - CONSUMPTION OF ALCOHOL AND USE OF PROHIBITED DRUGS OR STEROIDS

           Division 1 - Preliminary

   76.     Definitions
   77.     Operation of Part

           Division 2 - Code of behaviour

   78.     Code of behaviour
   79.     Exemptions from compliance with code of behaviour

           Division 3 - Consequences of breach of code of behaviour

   80.     Immediate action: police officer relieved from duty and reported
   81.     Consequences for police officers consuming alcohol
   82.     Consequences for police officers repeatedly consuming alcohol
   82A.    Consequences of a positive screening test
   83.     Consequences for police officers using prohibited drugs or steroids
   84.     Consequences for police officers repeatedly using prohibited drugs or steroids
   85.     Special provisions in relation to probationary constables
   86.     Other breaches of code of behaviour
   87.     Special follow-up testing
   88.     Double jeopardy

           Division 4 - Authorisation of people to conduct tests and use instruments

   89.     Appointment of authorised persons

           Division 5 - Conduct of testing

   90.     Breath analysis of police officers following positive breath testing

           Division 6 - Handling and analysis of samples

   91.     Object of Division
   91A.    Action with respect to initial screening of samples of urine
   92.     Action with respect to samples of urine, hair and blood
   93.     Analysis of samples of urine, hair or blood

           Division 7 - Offence

   94.     Interfering with results of test

   PART 6 - LEAVE ENTITLEMENTS

           Division 1 - Preliminary

   95.     General
   96.     Applications for leave
   97.     Special provisions relating to administrative officers and temporary employees

           Division 2 - Extended leave

   98.     Entitlement to extended leave
   99.     Entitlement to gratuity instead of extended leave
   100.    Payment where member of the NSW Police Force has died

           Division 3 - Annual leave (non-PSSES police officers)

   101.    Application of Division
   102.    Entitlement to annual leave
   103.    Excess annual leave
   104.    Limits on accumulation
   105.    Termination of services
   106.    Accrual of annual leave while on extended leave, sick leave
   107.    Adjustment for excess leave on termination of services

           Division 4 - Annual leave (PSSES police officers, administrative officers and temporary employees)

   108.    Application of Division
   109.    Entitlement to annual leave
   110.    Limits on accumulation
   111.    Miscellaneous

           Division 5 - Adoption, maternity and parental leave

   112.    Adoption leave
   113.    Maternity leave
   114.    Parental leave
   115.    Accrual of leave while on maternity leave or adoption leave
   116.    Incremental progression while on maternity leave, adoption leave or parental leave

           Division 6 - Family and community service leave

   117.    Commissioner may grant family and community service leave
   118.    Maximum amount of family and community service leave

           Division 7 - Leave without pay

   119.    Leave without pay for police officers
   120.    Leave without pay for administrative officers and temporary employees

           Division 8 - Sick leave

   121.    Authority to grant sick leave
   122.    Requirements for medical certificate
   123.    Sick leave entitlements
   124.    Payment during initial period of service
   125.    Procedure where workers compensation claimed
   125A.   Top-up of weekly workers compensation payments during first 6 months for police officers injured at work
   126.    Procedure where other claim has been made
   127.    Sick leave for police officers appointed before 1 January 1995

           Division 9 - Miscellaneous

   128.    Military leave for members
   129.    Special leave generally
   130.    Special leave to attend as witness
   131.    Weekly rest days for police officers

   PART 6A - DEATH AND DISABILITY PAYMENTS

   131A.   TPD minimum scale to be included in approved death and disability insurance policy
   131B.   Transitional arrangements for partial and permanent disability payments to apply for limited period
   131C.   Salary sacrifice contributions by police officers
   131D.   Death and disability payments for contributors to SASS who are covered by the additional benefit

   PART 7 - ALLOWANCES

   132.    Travelling, subsistence and other allowances

   PART 7A - RECOGNISED LAW ENFORCEMENT OFFICERS

   132A.   Oath or affirmation of office for recognised law enforcement officers
   132B.   Supplying officer's details and giving warnings

   PART 8 - MISCELLANEOUS

   133.    Capitalisation factors under section 216AA
   134.    Fees and charges payable to Commissioner under section 208
   135.    Bodies authorised to carry on business under operating name that includes "police": section 204A
           136, 137. (Repealed)
   138.    Savings
           SCHEDULE 1


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