Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
POLICE SERVICE ADMINISTRATION ACT 1990
- As at 1 September 2023
- Act 4 of 1990
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1.1. Short title
1.2. Commencement
1.3. Objects
1.4. Definitions
1.5. Meaning of tenure not limited by time
1.6. (Repealed)
PART 2 - QUEENSLAND POLICE SERVICE
2.1. Maintenance of service
2.2. Membership of service
2.3. Functions of service
2.3A. Presence of police officers at fire or chemical incident
2.3AA. Responsibility for command
2.4. Community responsibility preserved
2.5. Administration of staff members
2.5A. Officers etc. employed under this Act
PART 3 - POLICE OFFICERS’ POWERS AND DUTIES RELATED TO THOSE OF CONSTABLE
3.1. Meaning of officer in part
3.2. Relation to office of constable
3.3. Oath of office
3.4. Proof of office
3.5. (Repealed)
3.6. (Repealed)
3.7. Termination of powers
PART 4 - COMMISSIONER OF THE QUEENSLAND POLICE SERVICE
4.1. Establishment of office
4.2. Appointment
4.3. Conditions of appointment
4.4. Term of appointment
4.5. Removal and suspension of commissioner
4.6. Communications between Minister and commissioner
4.7. Recording and publication of communications
4.8. Commissioner’s responsibility
4.9. Commissioner’s directions
4.10. Delegation
4.11. Acting as commissioner
4.12. Commissioner’s official seal
PART 5 - APPOINTMENT OF PERSONNEL
Division 1 - Officers and other police personnel
5.1. Ranks
5.2. Appointment to be on merit on impartial procedures
5.3. Executive officers
5.4. Conditions of employment
5.5. Acting as executive officer
5.6. Other appointments
5.7. Conditions of employment of commissioned officers
5.8. Acting as commissioned officer
5.9. Conditions of employment of noncommissioned officers and constables
5.10. Officer’s election on termination of certain appointments
5.11. Conditions of employment of police recruits
5.12. Appointment on probation
5.13. Officer not to refuse transfer, but may object
5.13A. Objection to transfer
5.13B. Delay in attendance for duty on directed transfer to allow for objection and review
5.13C. (Repealed)
5.14. Calculation of continuous service as officer
5.15. Officer as employee of Crown
5.16. Appointment of special constables
5.16A. Special constables (State officer)
5.16B. Special constables (associate)
5.16C. Exclusion of matters about special constables from review under other Acts
5.17. Authorisation of non-State police officers
Division 2 - Watch-house officers
5.18. Appointment of watch-house officers
Division 3 - Protective services officers
5.19. Appointment of protective services officers
5.20. Ranks
5.21. Issue of identity card
5.22. Oath of office for protective services officers
5.23. Functions of protective services officers
5.24. Duties of protective services officers
PART 5A - ALCOHOL AND DRUG TESTS
Division 1 - General
5A.1. Object of pt 5A
5A.2. Definitions for pt 5A
5A.3. Persons to whom pt 5A applies
5A.4. Substances to which pt 5A applies
5A.4A. Analysts
5A.4B. Operators of saliva analysing instruments
5A.5. Part does not affect other powers
Division 2 - Provisions about alcohol testing
5A.6. When is a person over the limit
5A.7. Alcohol limits
5A.8. Circumstances for alcohol testing
5A.9. Random alcohol testing
5A.10. Providing specimen of breath for alcohol test or random alcohol test
5A.11. Failure to provide specimen of breath
Division 3 - Provisions about drug testing
5A.12. Targeted substance levels
5A.13. Circumstances for targeted substance testing
5A.14. Providing specimen for targeted substance test
5A.15. Effect of failure to provide a specimen
Division 4 - What happens if a test result is positive
5A.16. If alcohol or targeted substance test positive
5A.17. Effect of failure to comply
Division 5 - General
5A.18. Giving requirements
5A.19. Interfering with specimens
5A.20. Test result evidence generally inadmissible
5A.21. Evidentiary provision
5A.21A. Agreements about counselling and rehabilitation
5A.22. (Repealed)
5A.23. Limitation on disciplinary proceedings
PART 5AA - ASSESSMENT OF SUITABILITY OF PERSONS SEEKING TO BE ENGAGED, OR ENGAGED, BY THE SERVICE
Division 1 - Preliminary
5AA.1. Purpose of pt 5AA
5AA.1A. Definition for pt 5AA
5AA.2. Parliament’s intention
5AA.3. Meaning of engaged by the service
5AA.4. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
5AA.5. Person to be advised of duties of disclosure etc.
Division 2 - Disclosure of relevant information
5AA.6. Persons engaged or seeking to be engaged by the service must disclose relevant information
5AA.7. Persons engaged by the service must disclose changes in relevant information
5AA.8. (Repealed)
Division 3 - Commissioner may obtain relevant information from other entities
5AA.9. Commissioner may request information from other authorities
5AA.10. Prosecuting authority to notify commissioner about committal, conviction etc.
5AA.10A.Information about disciplinary action to be given by chief executive
Division 4 - Controls on use of relevant information and information about particular investigations
5AA.11. Assessment of suitability
5AA.12. Particular persons to be advised if person unsuitable
5AA.13. External service provider to be advised if person unsuitable
5AA.14. Secrecy
5AA.15. Guidelines for dealing with relevant information
PART 6 - STANDING DOWN AND SUSPENSION
6.1. Power to stand down and suspend
6.2. Salary entitlement if stood down
6.3. Salary entitlement if suspended
6.4. Officer relieved of powers and duties while stood down or suspended
PART 6A - REPORTING OBLIGATIONS OF OFFICERS AND STAFF MEMBERS
6A.1. Duty concerning misconduct and other grounds for disciplinary action
6A.2. Offence of victimisation
PART 7 - DISCIPLINE PROCESS FOR OFFICERS
Division 1 - Preliminary
7.1. Main purposes of part
7.2. Application of part
7.3. Definitions for part
7.4. Grounds for disciplinary action
7.5. Imposition of professional development strategies etc.
7.6. Corrupt conduct
7.7. When complaints are received
7.8. Requirement to give notices to subject officer’s lawyer
Division 2 - Preliminary provisions for starting disciplinary proceedings
7.9. Implementation of professional development strategies by commissioner
7.10. Referral of complaint to prescribed officer
7.11. Requirements for starting disciplinary proceeding
7.12. When disciplinary proceeding must be started
7.13. When ground for disciplinary action arises
7.14. Examination by medical practitioner
Division 3 - Abbreviated disciplinary proceedings
Subdivision 1 - Preliminary
7.15. Application of division
Subdivision 2 - Invitation and making of offer
7.16. Offer to impose disciplinary sanction or professional development strategy
7.17. Requirement to give subject officer an invitation and ability to seek further information
7.17A. Ending of proceeding—subject officer does not accept invitation
7.18. Abbreviated process notice
7.19. Subject officer may ask commissioner to make offer
Subdivision 3 - Acceptance of offer and imposition of sanction or strategy
7.20. Definition for subdivision
7.21. Subject officer’s acceptance of proposed sanction or strategy
7.22. Ending of proceeding—subject officer does not accept proposed sanction or strategy
7.23. Imposition of disciplinary sanction or professional development strategy
Subdivision 4 - Quashing proceeding
7.24. New evidence and quashing of proceeding by QCAT
Division 4 - Process for hearings by prescribed officers
Subdivision 1 - Decision to take disciplinary action
7.25. How disciplinary proceeding is started
7.26. Subject officer’s right to make written submission
7.27. Decision about whether disciplinary charge is proved
Subdivision 2 - Decision to impose disciplinary sanction or professional development strategy
7.28. Proposed sanction notice
7.29. Subject officer’s right to make written submission
7.30. Decision about imposition of disciplinary sanction or professional development strategy
7.31. QCAT information notices
Subdivision 3 - General
7.32. Principles for conducting disciplinary proceeding
Division 5 - Disciplinary sanctions
7.33. Application of division
7.34. Disciplinary sanctions
7.35. Power of prescribed officer to impose disciplinary sanction
7.36. Probation
7.37. Comprehensive transfer
7.38. Local transfer
7.39. Community service
7.40. Fines
7.41. Suspension of disciplinary sanctions
7.42. Professional development strategies
Division 6 - Other provisions
Subdivision 1 - Conduct of disciplinary proceeding if prescribed officer unable to continue
7.42A. Application of subdivision
7.42B. Appointment of new prescribed officer
7.42C. Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding
Subdivision 2 - Miscellaneous provisions
7.43. Central disciplinary unit
7.44. Guidelines
7.45. Record-keeping
7.46. Commissioner’s powers not to be delegated
PART 7A - DISCIPLINARY DECLARATIONS AGAINST FORMER OFFICERS
7A.1. Power to conduct disciplinary investigation against a former officer
7A.2. Disciplinary action that may be taken against a former officer
7A.3. Procedure
7A.4. Commissioner to give former officer and the CCC a QCAT information notice
7A.5. (Repealed)
PART 8 - RESIGNATION, RETIREMENT, CHANGE IN STATUS AND SUMMARY DISMISSAL
Division 1 - Resignation, retirement and change of status
8.1. Resignation
8.2. Retirement
8.3. Unfitness for duty on medical grounds
Division 2 - Summary dismissal if sentenced to imprisonment
Subdivision 1 - Preliminary
8.4. Application of division
8.5. References to sentence of imprisonment
Subdivision 2 - Summary dismissal on sentencing
8.6. Dismissal
Subdivision 3 - Appeal after summary dismissal
8.7. Application of subdivision
8.8. Reappointment
8.9. Standing down or suspension after reappointment
8.10. Salary entitlement, continuous service and service history
Subdivision 4 - Operation of division
8.11. Interaction between division and pt 7
PART 9 - REVIEW OF DECISIONS
9.1. (Repealed)
9.1A. Relationship with Industrial Relations Act 2016
9.2. Review does not stay decision
9.2A. Commissioner for police service reviews
9.3. Application for review
9.4. Procedures
9.5. Result of review
9.6. Effect of rescission of decision
9.7. Protection of commissioners for police service reviews from liability
9.8. Other protection from liability for a review
PART 9A - (Repealed)
PART 10 - MISCELLANEOUS PROVISIONS
Division 1 - Provisions about use or disclosure of information
Subdivision 1 - Use or disclosure of information generally
10.1. Unauthorised use of confidential information
10.2. Authorisation of disclosure
Subdivision 1A - (Repealed)
Subdivision 2 - Criminal history disclosure provisions
10.2AA. Definitions for sdiv 2
10.2A. Disclosure of criminal history for employment screening under commercial or other arrangement
10.2BA. Disclosure of criminal history to assess suitability of records for s 10.2A purposes
10.2B. Disclosure of criminal history for assessing suitability for diversion program
10.2C. (Repealed)
Subdivision 2A - Disclosure provisions about disciplinary information
10.2CA. Information about disciplinary action to be given by commissioner
Subdivision 3 - Information disclosure by direct data feed
10.2D. Disclosure of information to the media by direct data feed
Subdivision 4 - Other provisions about information disclosure
10.2E. Relationship to other laws
10.2F. Declarations about particular information disclosures
Division 1AA - National identity matching services
10.2FA. Definitions for division
10.2FB. Division binds all persons
10.2FC. Disclosure of identity information by commissioner
10.2FD. Collection and use of identity information by commissioner
10.2FE. Collection, use and disclosure by host agency
10.2FF. Disclosure, use or collection must be for permitted purpose
10.2FG. Inconsistency with other laws
Division 1A - Provisions about exchange of policing information
Subdivision 1 - Preliminary
10.2G. Definitions for division
10.2H. (Repealed)
Subdivision 2 - Giving of policing information
10.2I. Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes
10.2J. Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes
10.2K. (Repealed)
10.2L. Giving information to approved agencies to enable use of information for particular purposes
10.2M. Commissioner may impose conditions
Subdivision 3 - Relationship with other provisions
10.2N. Use of information permitted despite other provisions
10.2O. Condition imposed under another Act may apply
Subdivision 4 - General
10.2P. Misuse of information given under this division
10.2Q. Extra-territorial application of offence provision
10.2R. Protection from liability
Division 1B - Provisions about exchange of criminal history for particular employment screening
10.2S. Definitions for div 1B
10.2T. Giving criminal history to interstate screening unit or approved agency for employment screening
10.2U. Use of criminal history permitted despite other provisions
10.2V. Protection from liability
Division 2 - Other miscellaneous provisions
10.3. Protection from liability for reports
10.4. Rejection of frivolous complaints
10.5. Civil liability of police officers and others for engaging in conduct in official capacity
10.6. (Repealed)
10.7. Provision of legal representation
10.8. Compensation for injury or death
10.9. Service and production of documents
10.10. Police establishments
10.11. Ownership of official property
10.12. Legal proceedings
10.13. Surrender of equipment
10.14. (Repealed)
10.15. (Repealed)
10.16. Charges for police services
10.17. Exemption from tolls
10.18. Prohibited use of words suggesting association with police
10.19. Offences relating to police officers
10.20. Bribery or corruption of officers or staff members
10.20A. (Repealed)
10.21. False representation causing police investigations
10.21A. Unlawful possession of prescribed articles
10.21B. Unlawfully killing or injuring police dog or police horse
10.21BA.Wilfully and unlawfully killing or seriously injuring police dog or police horse
10.21C. Local laws do not apply in relation to police dogs or police horses etc.
10.22. Impersonating protective services officer
10.23. Proceedings for offences—general
10.23A. Proceeding for offence against s 10.21BA
10.23B. Maximum penalty for offence against s 10.21BA dealt with summarily
10.23C. Appeal against decision to decide charge against s 10.21BA summarily
10.24. Representation in court
10.26. (Repealed)
10.27. (Repealed)
10.28. Regulation-making power
PART 11 - TRANSITIONAL, DECLARATORY AND VALIDATING PROVISIONS
Division 1 - Transitional provisions for Police Service Administration Act 1990
11.1. Interpretation of certain references
11.2. References to repealed Act
Division 2 - Transitional provision to assist in interpretation
11.3. Relevant information
11.4. (Repealed)
11.5. Declaration about s 5.17
Division 3 - (Repealed)
Division 4 - Transitional and declaratory provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009
11.7. (Repealed)
11.8. Former officer
Division 5 - Transitional provisions for the State Penalties Enforcement and Other Legislation Amendment Act 2009
11.9. Definition for div 5
11.10. (Repealed)
11.11. Exchange of criminal history for child-related employment screening
Division 6 - Transitional provisions for Public Service and Other Legislation (Civil Liability) Amendment Act 2014
11.12. Definitions
11.13. Application of ss 10.5 and 10.6 to acts and omissions before commencement
11.14. Relationship of s 10.5 if civil liability dealt with by another Act or provision of this Act
Division 7 - Transitional provision for Public Safety Business Agency Act 2014
11.15. Application of pt 5AA to particular current employees
Division 8 - Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015
11.16. Approved agency and law enforcement agency during interim period
Division 9 - (Expired)
Division 9A - Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2018
11.17A. Liability of commissioners for police service reviews
Division 10 - Repeal and transitional provisions for Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019
11.18. Definitions for division
11.19. Repeal of Police Service (Discipline) Regulations 1990
11.20. Existing disciplinary proceedings—saving of previous s 7.4 and repealed regulations
11.21. Existing disciplinary proceedings—application of new pt 7 in particular circumstances
11.22. Alleged misconduct or breaches of discipline occurring before commencement
11.23. Existing reviews of disciplinary decisions—breaches of discipline
11.24. Review of particular disciplinary decisions about breaches of discipline
11.25. Existing discipline history
11.26. Continued application of previous pt 7A
Division 11 - Transitional provision for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018
11.19. Exchange of criminal history for disability-related employment screening
Division 12 - Repeal and transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021
Subdivision 1 - Repeal
11.20. Repeal
Subdivision 2 - Transitional provisions
11.21. Definitions for subdivision
11.22. Particular terms have meaning given under repealed Act
11.23. Matters relating to PSBA board
11.24. Matters relating to chief operating officer
11.25. Matters relating to PSBA staff
11.26. State is successor in law of PSBA
11.27. Assets and liabilities
11.28. Records and documents
11.29. Contracts, agreements, undertakings, other arrangements and instruments
11.30. Current proceedings
11.31. Proceedings not yet started
11.32. Registering authority to note transfer or other dealing
11.33. Effect on legal relationships
11.34. References to the PSBA
Division 13 - Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2022
11.35. Definitions for division
11.36. Protective security officer
11.37. Senior protective security officer (in training)
11.38. Senior protective security officer
11.39. References to repealed Act
Division 14 - Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023
11.40. Staff members appointed under section 8.3(5) before commencement
11.41. Application of s 10.1 relating to confidential information acquired or gained before commencement
11.42. Application of pt 7, div 6, sdiv 1 to disciplinary proceedings started before commencement
Division 15 - Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023
11.43. Current appointments as special constable
Division 16 - Transitional and validation provisions inserted under Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023
11.44. Definitions for division
11.45. Application of division
11.46. Validation of affected referrals and subsequent action
11.47. Demotions and suspensions affected by validation
11.48. New period for starting disciplinary proceedings
11.49. Continuation of interrupted disciplinary proceedings
11.50. Right to review by tribunal
11.51. Remedial action by commissioner
11.52. Notice before taking remedial action
11.53. Division not affected by other action
11.54. Judicial review
SCHEDULE 1
SCHEDULE 2
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback