Northern Territory Consolidated Acts

POLICE ADMINISTRATION ACT 1978

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Repeal and savings  
   4.      Interpretation  
   4A.     Application of Criminal Code  

   PART II--POLICE FORCE OF THE NORTHERN TERRITORY

           Division 1--Establishment of Police Force

   5.      Northern Territory Police Force  
   6.      Constitution of Police Force  

           Division 2--Commissioner, Deputy and Assistant Commissioners

   7.      Commissioner of Police and Deputy Commissioner of Police  
   8.      Assistant Commissioner of Police  
   9.      Remuneration  
   10.     Retirement  
   11.     Resignation  
   12.     Acting appointments  
   13.     Interim vacancies  
   14.     Control and management of Police Force  
   14A.    General orders  
   14B.    Commissioner may transfer members  
   14C.    Disciplinary procedures  

           Division 3--Appointment, resignation and dismissal of members

   15.     Commissioner may determine establishment of Police Force  
   15A.    Merit for appointment or promotion  
   15B.    Eligibility for appointment to Police Force  
   16.     Commissioner may appoint or promote members  
   16A.    Members on probation  
   16AA.   Issue of commission  
   16AAA.  Term or contract employment  
   17.     Circumstances in which person may be appointed at rank above Constable  
   17A.    Allowance for member having special qualifications  
   18.     Police Cadets  
   19.     Aboriginal Community Police and auxiliaries  
   20.     Resignation  
   21.     Reappointment of person who resigned to contest elections  
   22.     Retirement  
   25.     Function of members  
   26.     Members to take oath  
   27.     Oath binding on members  
   28.     Members to serve the Crown  

           Division 4--Appointment and duties of Special Constables generally

   29.     Appointment of police of other jurisdictions as Special Constables  
   30.     Appointment of other persons as Special Constables  
   31.     Revocation of appointment  
   32.     Special Constable to take oath  
   33.     Evidence of appointment  
   34.     Neglect of duty  

           Division 5--Special Constables and urgent cross-border assistance

   34A.    Definitions  
   34B.    Declaration of incident requiring urgent cross-border assistance  
   34C.    Extension of declaration  
   34D.    Appointment of Special Constables  
   34E.    Oath  
   34F.    Termination of appointment  

           Division 6--Ethical and Professional Standards Command

   34G.    Establishment of Ethical and Professional Standards Command  
   34H.    Functions  
   34J.    Composition of Professional Standards Command  
   34K.    Professional Standards Command members not subject to direction  
   34L.    Professional Standards Command members may be directed to perform other functions  
   34M.    Others may be directed to exercise powers and perform functions for Professional Standards Command  

   PART III--CONDITIONS OF SERVICE OF MEMBERS OF POLICE FORCE

           Division 1--Police Arbitral Tribunal

   35A.    Definitions  
   35.     Establishment of Tribunal  
   36.     Constitution of Tribunal  
   36A.    Deputy members  
   36B.    Commissioner and Association to recommend certain members of Tribunal  
   37.     Duration of appointment  
   37A.    Members and deputy members to take oath  
   38.     Procedures  
   39.     Secretary to the Tribunal  
   40.     Meetings may be requested  
   40A.    Attempts at conciliation to be made  
   40B.    Conciliation  
   40C.    Referral of matters to Tribunal  
   40D.    Panel of conciliators  
   42.     Gazettal of determinations  
   43.     Determination binding on all parties  
   44.     Interpretation of determination  
   45.     Witnesses  
   46.     Evidence on oath  
   47.     Failure to answer summons  
   48.     Offences by witnesses  
   49.     Perjury  
   50.     Protection of members of Tribunal  
   50A.    Appeals to Supreme Court  

           Division 2--Consent agreements

   51.     Parties to consent agreement  
   52.     Consent agreements to be in writing  
   53.     Certification of consent agreements by Tribunal  
   54.     Consent agreement binding on all parties  
   55.     Consent agreement to be notified in the G azette  
   56.     Duration of consent agreement  
   57.     Effect of consent agreement of the Tribunal  

   PART IV--DISCIPLINE

           Division 1--Duties and obligations of members

   76.     Breaches of discipline  
   76A.    Suspension of member facing criminal charges  
   77.     Effect of pending criminal proceedings  

           Division 2--Public interest dismissal

   78.     Dismissal  

           Division 3--Disciplinary powers generally

   79A.    Member to answer questions or give information in relation to breach of discipline  
   79.     Service of notice for alleged breach of discipline  
   80.     Action pending decision on alleged breach of discipline  
   81.     Member's response to notice for alleged breach of discipline  
   82.     Conduct of investigation  
   83.     Medical examinations  
   84.     Outcome of investigation  
   84A.    Charge of breach of discipline  
   84B.    Conduct of hearing  
   84C.    Action that may be taken after hearing  
   84D.    Order of Commissioner or prescribed member  
   84E.    Review of actions taken or fines imposed  

           Division 4--General

   84F.    Notices  
   84G.    Payment of salary during suspension  
   84H.    Payment and leave when no disciplinary action taken or appeal allowed  
   84J.    Payment of fines and amount of money  

   PART V--INABILITY OF MEMBER TO DISCHARGE DUTIES

   87.     Inability of member to discharge duties  
   88.     Review of grounds  
   89.     Action following review  
   90.     Stand-down during review under section 88  
   91.     Medical incapacity  

   PART VI--APPEALS

           Division 1--Promotion appeals

   92.     Promotion appeals  
   93.     Promotions Appeal Boards  

           Division 2--Inability and disciplinary appeals

   94.     Inability or disciplinary appeals  
   95.     Procedural matters  

           Division 3--General

   96.     Person to answer questions  
   97.     Staff of Appeal Boards  
   98.     Serving member on Appeal Board to be considered on duty  
   99.     Disclosure of interests  
   100.    Communication of Appeal Board matters  
   101.    Protection of members, parties and witnesses  

   PART VIA--USE OF DANGEROUS DRUGS FOR TRAINING

           Division 1--Preliminary matters

   102.    Object of Part  
   103.    Definitions  

           Division 2--Administrative matters

   104.    Agency arrangement  
   105.    Drug training direction  
   106.    Drug control officer  

           Division 3--Keeping dangerous drugs for use in training

   107.    When dangerous drugs may be kept for training  
   108.    Requirements for keeping dangerous drugs for training  

           Division 4--Register of dangerous drugs used for training

   109.    Register  
   110.    Information to be recorded in register  
   111.    Restriction on access to information in register  

   PART VII--POLICE POWERS

           Division 1--Preliminary matters

   116.    Interpretation  

           Division 1A--Use of dogs and horses

   116A.   Definitions  
   116B.   Extended application of Division  
   116C.   Authority to use police dogs and police horses  
   116D.   Authority for entry of police dogs and police horses  
   116E.   Control of police dogs and police horses  
   116F.   Reasonable grounds for search without warrant on indication of detection dog  
   116G.   Protection from liability for use of police dog or police horse  
   116H.   Non-application of certain laws  

           Division 1B--Use of electronic drug detection systems

   116J.   Reasonable grounds for search without warrant on indication of electronic drug detection system  

           Division 1C--Use of hand held scanners without warrant in certain areas

   116K.   Definitions  
   116KA.  Meaning of public transport facility  
   116KB.  Use of hand held scanner to be authorised  
   116KC.  Form and effect of hand held scanner authority  
   116KD.  Authorised use of hand held scanner without warrant in suspected offence area or high risk area  
   116KE.  Authorised use of hand held scanner without warrant at public transport facility and on board public transport vehicles  
   116KF.  Requirements if hand held scanner indicates metal  
   116KG.  Seizing restricted weapons  
   116KH.  Safeguards for exercise of powers  
   116KI.  Offence of failure to comply with requirement  
   116KJ.  Member taken to have reasonable grounds to suspect unlawful possession of weapon  
   116KK.  Notice of hand held scanner authority to be published  
   116KL.  Effect of Division on power to search person without warrant  
   116KM.  Destruction of restricted weapons  
   116KN.  Approval of certain members  
   116KO.  Annual report on use of hand held scanners  
   116KP.  Review of operation of Division  
   116KQ.  Tabling of review report  

           Division 2--Search and entry

   117.    Search warrants  
   118.    Search warrant may be issued by telephone  
   118A.   Seizure authorised under search warrant  
   119.    Urgent searches without warrant  
   119AA.  Search without warrant for explosive, restricted weapon or ammunition  
   119A.   Powers incidental to search and entry powers  
   120.    Power of police to enter place used for entertainment  

           Division 2A--Special provisions about dangerous drugs

   120A.   Definitions  
   120B.   Search warrants  
   120BA.  Seizure  
   120BB.  Seizure authorised under search warrant  
   120C.   Searching without warrant  
   120D.   Use of reasonable force  
   120E.   Search of females  

           Division 3--Arrest

   121.    Arrest warrants  
   122.    Arrest warrant may be issued by telephone  
   123.    Arrest without warrant by members of Police Force  
   124.    Arrest of person where warrant issued  
   125.    Power to arrest interstate offenders  
   126.    Power to enter and arrest under warrant  
   126A.   Power to enter and arrest without warrant  
   126B.   Power to enter and remain to protect a person  
   126C.   Power to search and seize restricted weapons  
   126D.   Ancillary powers  
   127.    Persons to be informed of reason for arrest  

           Division 4--Apprehension without arrest

   127A.   Intoxicated person  
   128.    Circumstances in which a person may be apprehended  
   129.    Period of apprehension  
   130.    Protection of apprehended person  
   130A.   Evidence for alcohol-related matters  
   131.    Release  
   132.    Continued detention of person taken into custody under section 128  
   133.    Application to member for release  

           Division 4AA--Taking person into custody for infringement notice offence

   133AA.  Definition  
   133AB.  Taking person into custody for infringement notice offence  
   133AC.  When person taken into custody  

           Division 4A--Notice to appear before Local Court

   133A.   Definitions  
   133B.   Member may issue and serve notice to appear  
   133C.   Form of notice to appear  
   133D.   Notice to appear to be filed  
   133E.   Person to be given complaint or information  

           Division 5--Furnishing of name and address

   134.    Identification of person to assist with inquiries  
   134A.   Identification of person on suspicion of contravention  
   134B.   Identification of member  
   135.    Disclosure of names  

           Division 5A--Special powers to prevent, stop or reduce public disorder

   135A.   Definitions  
   135B.   Power to make public disorder declaration  
   135C.   Public disorder declaration  
   135D.   Powers during public disorder declaration  
   135E.   Offence of failure to comply with direction  
   135F.   Extension of duration of public disorder declaration  
   135G.   Revocation of public disorder declaration  
   135H.   Report to Ombudsman  
   135J.   Review of operation of Division  
   135K.   Tabling of review report  
   135L.   Interaction with other Acts  
   135M.   Implied freedom of political communication  

           Division 6--Bringing detained person before court and obtaining evidence after taking into custody

   136.    Application  
   137.    Time for bringing person before court generally  
   138.    Determining reasonable period to hold person in custody  
   138A.   Time for holding intoxicated person before charging and bringing before court  
   138B.   Assistance from correctional officers  

           Division 6A--Recording of confessions and admissions

   139.    Definition  
   140.    Person to be warned and given opportunity to inform friend or relative of person's whereabouts  
   141.    Warning and offer of facilities to communicate to be tape-recorded  
   142.    Electronic recording of confessions and admissions  
   143.    Certain evidence may be admitted  

           Division 7--Forensic examinations

   144.    Search of persons in lawful custody  
   145.    Intimate procedures  
   145A.   Non-intimate procedures  
   145B.   Voluntary non-intimate procedures  
   146.    Certain non-intimate procedures on persons in custody  
   147.    Databases  
   147A.   Exchange of information in databases  
   147B.   Access to and use of information stored in database  
   147C.   Retaining and analysing samples  
   147D.   Powers under Division are additional to any others  
   147E.   Arrangements with corresponding jurisdictions for registration of forensic orders  
   147F.   Forensic material from corresponding jurisdictions  

           Division 7AA--Blood testing for infectious diseases

              Subdivision 1--Preliminary matters

   147FA.  Interpretation  

              Subdivision 2--Disease test approvals

   147FB.  Application for disease test approval  
   147FC.  Detention of transferor  
   147FD.  Disease test approval  
   147FE.  Service of copy of disease test approval  
   147FF.  Effect of disease test approval  
   147FG.  Failure to comply with requirement under disease test approval  

              Subdivision 3--Disease test orders

   147FH.  Application for disease test order  
   147FI.  Service of copy of application  
   147FJ.  Hearing of application  
   147FK.  Disease test order  
   147FL.  Explanation of disease test order  
   147FM.  Service of copy of disease test order  
   147FN.  Effect of disease test order  
   147FO.  Failure to comply with disease test order  
   147FP.  Appeal against disease test order on behalf of transferor  
   147FQ.  Appeal against disease test order by affected member  

              Subdivision 4--General

   147FR.  Taking blood sample under disease test authorisation  
   147FS.  Analysis of blood sample  
   147FT.  No payment for taking or testing blood  
   147FU.  Restriction on disclosure of results of analysis  
   147FV.  Prohibition on use of blood sample for other purpose  

           Division 7A--Crime scenes

   147G.   Definitions  
   147H.   Application of Division  
   147J.   Authority to enter place and establish crime scene  
   147K.   Restricting access to crime scene  
   147L.   Preserving evidence at crime scene  
   147M.   Period for maintaining crime scene  
   147N.   Crime scene powers  

           Division 8--Closure of public places

   148.    Commissioner may close public places  

   PART VIIA--PROTECTION FROM LIABILITY OF MEMBERS, TERRITORY'S VICARIOUS LIABILITY AND LEGAL PROCEEDINGS FOR DAMAGES FOR CERTAIN TORTS BY MEMBERS

           Division 1--Preliminary matters

   148A.   Part applies to duties of member as public official  

           Division 2--Protection from liability and vicarious liability of the Territory

   148B.   Protection from liability  

           Division 3--Legal proceedings for damages for torts by members

   148D.   Definition  
   148E.   Application of Division  
   148F.   How police tort claim is made  
   148G.   Part does not affect certain claims and proceedings  

   PART VIII--OFFENCES IN RELATION TO POLICE FORCE

   149.    Delivery of property  
   152.    Deserting post  
   153.    Assault on member  
   154.    False representation  
   155.    Unauthorised disclosure of confidential information  
   156.    Personation  
   157.    Offering bribes  
   157A.   Disarming member  
   158.    Resisting member  
   159.    Hindering member  
   159A.   Killing or injuring police dogs or police horses  
   160.    Unlawfully aiding or securing release from custody  

   PART IX--MISCELLANEOUS MATTERS

   160A.   Investigations regarding matters under Parts IV or V  
   161.    Actions against members  
   162.    Actions and prosecutions to be commenced within 2 months  
   164.    Certificate of appointment  
   165.    Police Gazette  
   166.    Sale or other disposal of items  
   166AA.  Medical examinations  
   166A.   Service Medal  
   166B.   Members engaging in business  
   167.    Regulations  

   PART X--TRANSITIONAL MATTERS

           Division 1--Police Administration Amendment (Powers and Liability) Act 2005

   168.    Territory's vicarious liability  

           Division 2--Police Administration Amendment (Service Medal) Act 2010

   169.    Application of section 166A to matters before commencement  

           Division 3--Alcohol Mandatory Treatment Act 2013

   170.    Apprehension before commencement date  

           Division 4--Police Administration Amendment Act 2014

   171.    Application of section 79A to breach of discipline  

           Division 5--Justice and Other Legislation Amendment (Australian Crime Commission) Act 2017

   172.    Arrangement in relation to database information  

           Division 6--Police Legislation Further Amendment Act 2023

   173.    Offences committed before commencement of section 116KB  

           Division 7--Police Legislation Amendment (Powers, Appointments and Other Matters) Act 2023

   174.    Application of section 166 to items in possession before commencement  
           SCHEDULE
           ENDNOTES