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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
A BILL FOR
An Act to make provision for the security of public buildings, places and
officials and for the appointment, management and responsibilities of protective
security officers; to make related amendments to various other Acts; and for
other purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
4 Determination of protected
persons, places or vehicles
Part 2—Commissioner's
responsibilities
5 Commissioner responsible for control and management
of protective security officers
6 Exclusion of directions in relation to
employment of particular persons
7 Directions to Commissioner to be gazetted
and laid before Parliament
8 General management aims and
standards
9 Orders
Part 3—Appointment and general responsibilities of
protective security officers
10 Appointment of protective security
officers
11 Commissioner may determine structure of ranks
12 Oath or
affirmation by protective security officers
13 Conditions of
appointment
14 Duties and limitations on powers
Part 4—Powers of protective security
officers
Division
1—Interpretation
15 Interpretation
Division 2—Power to give directions
etc
16 Powers relating to security of protected person
17 Powers
relating to security of protected place
18 Dealing with dangerous objects and
substances etc
19 Powers relating to security of protected
vehicle
20 Power to search persons detained by protective security
officers
21 Withdrawal of directions
Division 3—Offences
22 Offences
Part 5—Misconduct and discipline of protective
security officers
23 Code of conduct
24 Report and investigation of
breach of Code
25 Charge for breach of Code
26 Punishment for offence or
breach of Code
27 Suspension where protective security officer
charged
28 Minor misconduct
29 Review of informal
inquiry
30 Commissioner to oversee informal inquiries
Part 6—Miscellaneous
31 Immunity from
liability
32 Identification of protective security officers
33 Duty in or
outside State
34 Suspension or termination of appointment
35 Revocation of
suspension
36 Suspension and determinations relating to remuneration
etc
37 Suspension of powers
38 Resignation and relinquishment of official
duties
39 Duty to deliver up equipment etc
40 False statements in
applications for appointment
41 Impersonating officer and unlawful possession
of property
42 Evidence
43 Annual reports by
Commissioner
44 Regulations
Schedule 1—Related amendments
Part 1—Preliminary
1 Amendment
provisions
Part 2—Amendment of Police (Complaints and
Disciplinary Proceedings) Act 1985
2 Amendment of long
title
3 Amendment of section 3—Interpretation
4 Substitution of
heading to Part 3
5 Amendment of section 13—Constitution of internal
investigation branch
6 Substitution of section 15
15 Duties
of police officers serving in internal investigation
branch
7 Amendment of section 16—Complaints to which this Act
applies
8 Amendment of section 17—Right of persons detained in custody
to make complaint to Authority
9 Amendment of section 18—Action on
complaint being made to designated officer
10 Amendment of section
21A—Determination by Authority to resolve complaint
informally
11 Amendment of section 22—Conciliation
12 Amendment of
section 22A—Authority may initiate investigation
13 Amendment of
section 23—Determination that matter be investigated by
Authority
14 Amendment of section 25—Investigations by internal
investigation branch
15 Amendment of section 26—Powers of Authority to
oversee investigations by internal investigation branch
16 Amendment of
section 28—Investigation of matters by Authority
17 Amendment of
section 32—Authority to make assessment and recommendations in relation to
investigations by internal investigation branch
18 Amendment of section
34—Recommendations of Authority and consequential action by
Commissioner
19 Amendment of section 35—Commissioner to notify
Authority of laying of charges or other action consequential on
investigation
20 Amendment of section 36—Dealing with particulars about
matter under investigation
21 Substitution of heading to Part 6
Division 1—Constitution of Police Disciplinary
Tribunal
22 Substitution of sections 38 and 39
Division 2—Constitution of Protective Security Officers Disciplinary
Tribunal
37A Constitution of Protective Security Officers
Disciplinary Tribunal
Division 3—Registrar and deputy
registrar
38 Registrar and deputy registrar
Division 4—Charges in respect of breach of
discipline
39 Charges in respect of breach of
discipline
Division 5—General provisions relating to proceedings, powers, etc of
both Tribunals
39A Application and
interpretation
23 Amendment of section
40—Proceedings
24 Amendment of section 41—Powers
25 Amendment
of section 46—Appeals in respect of discipline
26 Amendment of section
47—Application to Supreme Court as to powers and duties under
Act
27 Amendment of section 48—Secrecy
28 Amendment of section
49—Offences in relation to complaints
29 Amendment of section
51—Authority and Commissioner may report to Ministers
Part 3—Amendment of Public Sector Management
Act 1995
30 Amendment of Schedule 1—Persons excluded
from Public Service
Part 4—Amendment of Security and Investigation
Agents Act 1995
31 Amendment of section 4—Application
of Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Protective Security
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
Code means the Code of Conduct established by regulation
under this Act;
Commissioner means the Commissioner of Police;
dangerous object or substance means—
(a) an explosive, explosive device or incendiary device; or
(b) a dangerous article, firearm, offensive weapon or prohibited weapon,
in each case within the meaning of section 15 of the Summary Offences
Act 1953; or
(c) a pathogen; or
(d) any other object or substance that is reasonably capable of being used
to jeopardise the security of persons or property;
minor misconduct means conduct of a kind agreed or determined
to constitute minor misconduct and set out in a notice tabled before both Houses
of Parliament under section 3 of the Police (Complaints and Disciplinary
Proceedings) Act 1985;
Police Complaints Authority means the Police Complaints
Authority established under the Police (Complaints and Disciplinary
Proceedings) Act 1985;
Police Minister means the Minister administering the
Police Act 1998;
protected person means a public official, or a public
official of a class, determined under this Part to be in need of protective
security;
protected place means a place, or a place of a class,
determined under this Part to be in need of protective security;
protected vehicle means a vehicle, or a vehicle of a class,
determined under this Part to be in need of protective security;
protective security functions means functions performed for
protecting the security of protected persons, protected places or protected
vehicles;
protective security officer means a person appointed under
Part 3 to be a protective security officer (and see also section 15 where
protective security officer is defined for the purposes of Part 4
to include a police officer);
public area means an area (for example, a public road,
footpath or forecourt) to which members of the public ordinarily have free
access;
public authority means—
(a) the Crown; or
(b) a Minister of the Crown; or
(c) an agency or instrumentality of the Crown;
public building includes a public monument or
structure;
public official includes an official or dignitary from a
place other than this State;
Tribunal means the Protective Security Officers Disciplinary
Tribunal established under the Police (Complaints and Disciplinary
Proceedings) Act 1985;
vehicle means anything designed to transport a person or
goods by road, rail, air or water.
4—Determination of
protected persons, places or vehicles
(1) The Minister may, for the purposes of protecting the security of
public officials, public buildings or public infrastructure, make any of the
following determinations:
(a) determine that specified public officials, or public officials of a
specified class, are in need of protective security;
(b) determine that specified places, or places of a specified class,
(whether or not public buildings or public infrastructure) are in need of
protective security;
(c) determine that specified vehicles, or vehicles of a specified class,
are in need of protective security.
(2) A determination under this section—
(a) must be made by instrument in writing; and
(b) takes effect from the date specified in the instrument and continues
until the expiry date (if any) specified in the instrument or the making of a
further determination under this section that revokes or replaces the
determination.
(3) If a determination under subsection (1)(b) relates (in whole or
in part) to a public area, the Minister must cause the area to be enclosed by
barriers or signposted as a protective security area (but a failure to comply
with this subsection does not affect the operation of the
determination).
(4) A determination under subsection (1)(b) may not relate (in whole
or in part) to a place that is owned by a person other than a public authority
and is not a public area without the consent of that person.
Part
2—Commissioner's responsibilities
5—Commissioner
responsible for control and management of protective security
officers
Subject to this Act and any written directions of the Police Minister, the
Commissioner is responsible for the control and management of protective
security officers.
6—Exclusion of
directions in relation to employment of particular persons
No Ministerial direction may be given to the Commissioner in relation to
the appointment, conditions of appointment or continued employment of a
particular person.
7—Directions to
Commissioner to be gazetted and laid before Parliament
The Police Minister must cause a copy of any direction given to the
Commissioner to be—
(a) published in the Gazette within 8 days of the date of the direction;
and
(b) laid before each House of Parliament within 6 sitting days of the date
of the direction if Parliament is then in session, or, if not, within
6 sitting days after the commencement of the next session of
Parliament.
8—General
management aims and standards
The Commissioner must ensure that the same practices are followed in
relation to the management of protective security officers as are required to be
followed in relation to SA Police under section 10 of the Police
Act 1998.
(1) The Commissioner may make or give general or special orders, not
inconsistent with this Act, for the control and management of protective
security officers.
(2) The orders may make provision concerning—
(a) the various duties to be performed; and
(b) the manner in which and the time and place at which the various duties
are to be performed and any other matters relating to their performance;
and
(c) the requirements or qualifications for appointment or promotion;
and
(d) other matters that the Commissioner considers relevant to the control
and management of protective security officers.
(3) The general or special orders of the Commissioner—
(a) may be varied or revoked by the Commissioner; and
(b) will not be taken to be a form of subordinate legislation to which the
Subordinate Legislation Act 1978 applies.
(4) The power of the Commissioner to give binding orders or directions is
not restricted by the provision for the making of general or special orders or
the contents of any general or special orders.
Part
3—Appointment and general responsibilities of protective security
officers
10—Appointment of
protective security officers
The Commissioner may appoint as many protective security officers as the
Commissioner thinks necessary for the purposes of the performance of protective
security functions and any other purposes.
11—Commissioner
may determine structure of ranks
The Commissioner may determine a structure of ranks that will apply to
protective security officers.
12—Oath or
affirmation by protective security officers
A person's appointment as a protective security officer is rendered void if
the person does not on appointment make an oath or affirmation in the form
prescribed by regulation.
(1) The conditions of appointment of a protective security officer may be
determined by the Commissioner.
(2) A determination by the Commissioner must provide for the payment of
remuneration, allowances and expenses in accordance with a specified
scale.
(3) A determination under this section may relate to protective security
officers generally, a class of protective security officers or a particular
protective security officer.
14—Duties and
limitations on powers
(1) A protective security officer has any duties imposed by the
Commissioner.
(2) The Commissioner—
(a) may impose a limitation on the duties or powers of a protective
security officer by—
(i) the instrument of appointment of the officer; or
(ii) notice in writing to the officer; and
(b) may vary or revoke such a limitation by notice in writing to the
officer.
(3) A limitation under this section may entirely exclude the exercise by a
protective security officer of powers under Part 4.
(4) Limitations imposed under this section may vary from 1 protective
security officer to another.
Part
4—Powers of protective security officers
(1) For the purposes of this Part—
(a) a reference to a protective security officer includes a
reference to a police officer; and
(b) a reference to a person's possessions includes a
reference to anything that is, or has been, in the possession of the person, and
any vehicle that is being, or has been, driven by the person or is, or has been,
apparently in the person's charge; and
(c) a power to remove or detain a person or hand a person over into the
custody of a police officer extends to the person's possessions.
(2) For the purposes of this Part, if a protective security officer
observes (whether directly or by means of a surveillance device), or receives a
report of, a person apparently abandoning in, or within the precincts or
vicinity of, a protected place, protected person or protected vehicle a
dangerous object or substance, or anything that appears to be or might contain a
dangerous object or substance, the protective security officer will be taken to
have reasonable grounds to suspect that the person has committed, is committing,
or is about to commit, an offence.
(3) This Part does not limit or derogate from the powers of a police
officer under any other Act or law.
(4) Subsection (2) does not limit the circumstances in which a
protective security officer will have reasonable grounds for a suspicion
referred to in that subsection.
Division
2—Power to give directions etc
16—Powers relating
to security of protected person
(1) A protective security officer may give a person within the vicinity of
a protected person reasonable directions for the purposes of maintaining or
restoring the security of the protected person.
(2) If—
(a) a person refuses or fails to comply with a direction given by a
protective security officer under subsection (1); or
(b) a protective security officer suspects on reasonable grounds that a
person has committed, is committing, or is about to commit, an offence within
the vicinity of a protected person,
the officer may do 1 or more of the following:
(c) direct the person to provide—
(i) the person's name and address; and
(ii) evidence of his or her identity;
(d) cause the person to be removed to some place away from the protected
person;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(3) Reasonable force may be used for the purpose of taking action under
subsection (2)(d) or (e).
17—Powers relating
to security of protected place
(1) A protective security officer may give a person in or within the
precincts of a protected place reasonable directions for the purposes of
maintaining or restoring security or orderly conduct at the place or securing
the safety of any person arriving at, in, or departing from, the
place.
(2) Without limiting subsection (1), a protective security officer
may, for purposes referred to in that subsection, direct a person in or about to
enter a protected place—
(a) to provide—
(i) the person's name and address; and
(ii) evidence of his or her identity; and
(iii) the reason for the person's being in or or about to enter the place;
and
(b) —
(i) if there are reasonable grounds for suspecting that a dangerous object
or substance is in the possession of the person—
(A) to produce the object or substance for inspection; and
(B) to submit to a physical search of the person and his or her
possessions for the presence of any dangerous object or substance; and
(C) to do anything reasonably necessary for the purposes of the search
under this subsection; or
(ii) in any other case—
(A) to submit to a search of the person and his or her possessions for the
presence of any dangerous object or substance by means of a scanning device;
and
(B) to allow the person's possessions to be searched for the presence of
any dangerous object or substance by a physical search; and
(C) to do anything reasonably necessary for the purposes of a search under
this subsection.
(3) The following provisions apply to a search of a person by means of a
scanning device carried out under subsection (2):
(a) the search must be conducted by use of an electronic or mechanical
scanning device designed to be used without coming into contact with the body of
the person the subject of the search;
(b) without limiting the directions that may be given as reasonably
necessary for the purposes of the search, the person may be
directed—
(i) to remove all objects and substances from the person's pockets or
clothing; or
(ii) to remove a belt, footwear, headwear, jewellery or other similar item
that might trigger the warning signal of the scanning device; or
(iii) to adopt certain postures;
(c) the person cannot be directed to remove other clothing or to open his
or her mouth and nothing may be introduced into an orifice of the person's
body;
(d) the search must be carried out expeditiously and in a manner that
avoids undue humiliation of the person and, as far as reasonably practicable,
avoids offending cultural values or religious beliefs genuinely held by the
person.
(4) The following provisions apply to a search of possessions by means of
a scanning device, or by a physical search, carried out under
subsection (2):
(a) without limiting the directions that may be given as reasonably
necessary for the purposes of the search, the person may be
directed—
(i) to hand over his or her possessions or control of them to the
protective security officer; or
(ii) to open them or any part of them or to allow them or any part of them
to be opened;
(b) the search must be carried out expeditiously.
(5) The following provisions apply to a physical search of a person
carried out under subsection (2):
(a) without limiting the directions that may be given as reasonably
necessary for the purposes of the search, the person may be
directed—
(i) to remove all objects and substances from the person's pockets or
clothing; or
(ii) to open his or her mouth; or
(iii) to adopt certain postures; or
(iv) to remove outer clothing including footwear and headwear;
or
(v) to submit to being frisked;
(b) except in circumstances where it is not practicable—
(i) at least 2 persons (apart from the person being searched) must be
present at all times during the search; and
(ii) the search of the person must be carried out by a protective security
officer of the same sex as the person;
(c) the person cannot be directed to remove inner clothing or underwear
and nothing may be introduced into an orifice (including the mouth) of the
person's body;
(d) the search must be carried out expeditiously and in a manner that
avoids undue humiliation of the person and, as far as reasonably practicable,
avoids offending cultural values or religious beliefs genuinely held by the
person.
(6) If—
(a) a person refuses or fails to comply with a direction given by a
protective security officer under this section; or
(b) a protective security officer suspects on reasonable grounds that a
person has committed, is committing, or is about to commit, an offence in or
within the precincts of a protected place,
the officer may do 1 or more of the following:
(c) refuse the person entry to the protected place;
(d) cause the person to be removed from the protected place;
(e) direct the person not to return to the protected place within a
specified period (which may not be longer than 24 hours after being given
such a direction);
(f) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(7) Subsection (6) does not limit the circumstances in which a
protective security officer may refuse entry to a protected place.
(8) Reasonable force may be used for the purpose of taking action under
subsection (6).
(9) Refusal or failure of a person to comply with a direction given under
subsection (2)(b)(ii) does not of itself constitute grounds for suspecting
that there is a dangerous object or substance in the possession of the
person.
18—Dealing with
dangerous objects and substances etc
(1) If a protective security officer finds in the possession of a person
in or about to enter a protected place—
(a) a dangerous object or substance; or
(b) an object or substance that the officer believes on reasonable grounds
to be a dangerous object or substance; or
(c) an object or substance that the officer believes on reasonable grounds
to be in the unlawful possession of the person,
the officer may do 1 or more of the following:
(d) refuse the person entry to, or remove the person from, the protected
place;
(e) direct the person to surrender the object or substance;
(f) if the person is in possession of an object or substance referred to
in paragraph (c), or fails or refuses to comply with a direction under
paragraph (e)—cause the person and the object or substance to be
detained and handed over into the custody of a police officer as soon as
reasonably practicable.
(2) Reasonable force may be used for the purpose of taking action under
subsection (1).
19—Powers relating
to security of protected vehicle
(1) A protective security officer may give a person within the vicinity of
a protected vehicle reasonable directions for the purposes of maintaining or
restoring security or orderly conduct at the vehicle or securing the safety of
any person about to enter, in, or getting out of, the vehicle.
(2) If—
(a) a person refuses or fails to comply with a direction given by a
protective security officer under subsection (1); or
(b) a protective security officer suspects on reasonable grounds that a
person has committed, is committing, or is about to commit, an offence in or
within the vicinity of a protected vehicle,
the officer may do 1 or more of the following:
(c) direct the person to provide—
(i) the person's name and address; and
(ii) evidence of his or her identity;
(d) cause the person to be removed to some place away from the protected
vehicle;
(e) cause the person to be detained and handed over into the custody of a
police officer as soon as reasonably practicable.
(3) Reasonable force may be used for the purpose of taking action under
subsection (2)(d) or (e).
20—Power to search
persons detained by protective security officers
(1) If a person is being detained by a protective security officer under
this Part, the person and the person's possessions may, before being handed over
into the custody of a police officer, be searched by a protective security
officer in accordance with this section.
(2) The following provisions apply to a search under this
section:
(a) the protective security officer carrying out the search
may—
(i) use reasonable force for the purpose; and
(ii) be assisted by another person;
(b) in searching the person (as opposed to the person's
possessions)—
(i) all objects and substances may be removed from the person's pockets or
clothing; and
(ii) the person's outer clothing, including footwear and headwear, may be
removed; and
(iii) the person may be frisked; and
(iv) except in circumstances where it is not practicable, at least
2 persons (apart from the person being searched) must be present at all
times and the person carrying out the search must be of the same sex as the
person being searched; and
(v) nothing may be introduced into an orifice (including the mouth) of the
person's body;
(c) any object or substance found as a result of the search may be removed
from the person and detained and handed over into the custody of the police
officer as soon as reasonably practicable.
Nothing prevents a protective security officer from withdrawing a direction
given to a person under this Part (whether by that protective security officer
or some other protective security officer).
(1) A person who refuses or fails to comply with a direction of a
protective security officer given under this Part is guilty of an
offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who hinders, obstructs or resists a protective security
officer in the performance or exercise of powers conferred by this or any other
Act is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(3) A person who, in response to a direction under this Part, provides
false information or false evidence of identity to a protective security officer
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(4) If a person commits an offence under subsection (2) or (3), a
protective security officer may cause the person to be detained and handed over
into the custody of a police officer as soon as reasonably
practicable.
(5) Reasonable force may be used for the purpose of taking action under
subsection (4).
Part
5—Misconduct and discipline of protective security
officers
(1) The Governor may, by regulation, establish a Code of Conduct for the
maintenance of professional standards by protective security officers.
(2) The Code may make provision concerning—
(a) the performance of duties; and
(b) corrupt, improper or discreditable behaviour (including criminal
conduct under foreign law); and
(c) conduct towards police officers and other protective security
officers; and
(d) standards of personal behaviour or dress; and
(e) relations with the public or particular groups or organisations;
and
(f) the use of official information or resources; and
(g) public comment; and
(h) other matters that the Governor considers relevant to the maintenance
of professional standards.
24—Report and
investigation of breach of Code
(1) A protective security officer or police officer who becomes aware of
circumstances in which it is reasonable to suspect the commission of a breach of
the Code must report the matter to the Commissioner or as directed by the
Commissioner.
(2) If the Commissioner suspects that a protective security officer has
committed a breach of the Code, the Commissioner may, subject to a determination
of the Police Complaints Authority under section 23 of the Police
(Complaints and Disciplinary Proceedings) Act 1985, cause the matter to
be investigated.
(1) The Commissioner may, in accordance with the procedures prescribed by
regulation, charge a protective security officer with a breach of the
Code.
(2) A person charged may, within the period and in the manner prescribed
by regulation, admit or deny the charge.
(3) If a charge is not admitted, the charge must be heard and determined
by the Tribunal in accordance with the Police (Complaints and Disciplinary
Proceedings) Act 1985.
26—Punishment for
offence or breach of Code
If a protective security officer—
(a) is found guilty of an offence under a law of this State, the
Commonwealth or another State or a Territory of the Commonwealth; or
(b) admits in accordance with this Act a breach of the Code with which he
or she has been charged; or
(c) is found guilty of a breach of the Code in proceedings before the
Tribunal,
the Commissioner may take action, or order the taking of action, of 1 or
more of the following kinds in relation to the officer:
(d) termination of the officer's appointment;
(e) suspension of the officer's appointment for a specified
period;
(f) reduction of the officer's remuneration by a specified amount for a
specified period (but not so that the total amount forfeited exceeds the amount
prescribed by regulation);
(g) transfer of the officer to another position (whether with or without a
reduction in rank, seniority or remuneration);
(h) reduction in the officer's seniority;
(i) imposition of a fine not exceeding the amount prescribed by
regulation;
(j) a reprimand;
(k) an unrecorded reprimand;
(l) counselling;
(m) education or training;
(n) action of any other kind prescribed by regulation.
27—Suspension
where protective security officer charged
(1) If a protective security officer is charged with an offence (whether
under the law of this State, the Commonwealth or another State or a Territory of
the Commonwealth) or a breach of the Code, the Commissioner may suspend the
officer's appointment.
(2) The Commissioner may, if the Commissioner considers it appropriate to
do so in the circumstances, suspend the protective security officer's
appointment after deciding that the officer be charged but before the charge is
actually laid.
(3) A suspension under subsection (2) is to be taken to have been
revoked by the Commissioner if the charge is not laid within 24 hours
(excluding a Saturday, Sunday or a public holiday falling on a Monday or
Friday).
(4) A suspension under this section must be revoked by the Commissioner
if—
(a) the protective security officer is found not guilty of the offence or
breach charged or the charge is dismissed, lapses or is withdrawn; and
(b) the protective security officer does not stand charged of any other
offence or breach.
(5) If the suspension under this section of a protective security
officer's appointment is revoked by the Commissioner, the officer is entitled to
any remuneration or accrual of rights withheld in consequence of the suspension
and the period of the suspension will count as service.
(1) Subject to the Police (Complaints and Disciplinary Proceedings)
Act 1985, the Commissioner may determine that a suspected breach of the
Code involves minor misconduct only on the part of a protective security officer
and refer the matter to a person determined in accordance with the orders and
directions of the Commissioner for an informal inquiry.
(2) A person to whom a matter is referred for an informal inquiry under
subsection (1) or under section 21A of the Police (Complaints and
Disciplinary Proceedings) Act 1985—
(a) must cause the matter to be inquired into (subject to this Act and any
orders or directions of the Commissioner); and
(b) must determine, or cause a determination to be made, on the balance of
probabilities, whether the subject matter of the inquiry involves a breach of
the Code by the protective security officer concerned; and
(c) must ensure that the protective security officer concerned is afforded
an opportunity—
(i) to admit any breach of the Code that he or she is alleged to have
committed; and
(ii) if such a breach is not admitted, to make submissions either orally
or in writing in relation to the alleged breach; and
(d) if the breach is admitted or is found to have been committed, may,
subject to any order or directions of the Commissioner, determine that action be
taken under subsection (3) in relation to the protective security officer
concerned; and
(e) must ensure that a written report of the results of the inquiry and
any action that it has been determined should be taken in relation to the
protective security officer concerned is prepared and delivered to the
Commissioner; and
(f) must ensure that particulars of the results of the inquiry and the
action (if any) that it has been determined should be taken in relation to the
protective security officer concerned are furnished to the officer.
(3) Action of 1 or more of the following kinds may, subject to any orders
or directions of the Commissioner, be taken in relation to a protective security
officer for a breach of the Code that the officer has admitted, or been found to
have committed, under this section:
(a) transfer of the officer for not more than 4 months to another
position (not involving a reduction in rank or seniority or, without the
officer's consent, relocation to a place beyond reasonable commuting distance
from the officer's current place of employment);
(b) recorded or unrecorded advice;
(c) counselling;
(d) education or training.
(4) No information obtained in relation to the subject matter of an
inquiry under this section during the inquiry may be used in proceedings in
respect of a breach of the Code before the Tribunal unless the proceedings are
against a protective security officer who has allegedly provided false
information with the intention of obstructing the inquiry.
(1) If a protective security officer is found on an informal inquiry to
have committed a breach of the Code, the officer may apply for a review under
this section on the ground that he or she did not commit the breach concerned or
that there was a serious irregularity in the processes followed in the informal
inquiry.
(2) If a determination is made on an informal inquiry that action should
be taken in relation to the protective security officer concerned for a breach
of the Code, the officer may apply for a review under this section on the ground
that the action is not warranted by the nature of the breach or in the
circumstances of the case.
(3) An application for review under this section must be made to a person
determined under the regulations within the period and in the manner prescribed
by the regulations.
(4) A person to whom an application is made under this
section—
(a) must, as soon as practicable, conduct a review (subject to this Act
and any order or direction of the Commissioner) of the processes followed in the
informal inquiry, or the finding or determination made on the informal inquiry,
as the case may require; and
(b) must afford the applicant an opportunity to make submissions either
orally or in writing in support of his or her application; and
(c) may, according to the nature of the case—
(i) order that a new informal inquiry be conducted or that the processes
involved in the inquiry be recommenced from some specified stage; or
(ii) affirm or quash any finding or determination reviewed; or
(iii) make a determination that should have been made in the first
instance; and
(d) must ensure that a written report of the results of the review is
prepared and delivered to the Commissioner; and
(e) must ensure that particulars of the results of the review are
furnished to the protective security officer concerned.
(5) This section applies to the exclusion of any right of appeal under
Part 7 of the Police (Complaints and Disciplinary Proceedings)
Act 1985.
30—Commissioner to
oversee informal inquiries
(1) The Commissioner must cause all informal inquiries and findings and
determinations made with respect to minor misconduct to be monitored and
reviewed with a view to maintaining proper and consistent practices.
(2) The Commissioner may intervene in a particular case if the
Commissioner considers it appropriate to do so (whether before or after review
of the case under subsection (1) or a review on the application of the
protective security officer concerned)—
(a) by ordering that a new informal inquiry be conducted or that the
processes involved in the informal inquiry be recommenced from some specified
stage; or
(b) by quashing a finding that the protective security officer has
committed a breach of the Code; or
(c) by making a determination that no action or less severe action be
taken in relation to the protective security officer for a breach of the
Code.
(1) No civil liability attaches to a protective security officer, or a
person assisting a protective security officer, for an act or omission in the
exercise or performance, or purported exercise or performance, of powers,
functions or duties conferred or imposed by or under this Act or another Act or
any law.
(2) An action that would, but for subsection (1), lie against a
protective security officer or person lies instead against the Crown.
(3) This section does not prejudice rights of action of the Crown in
respect of an act or omission not in good faith.
32—Identification
of protective security officers
(1) A protective security officer must be issued with an identity card in
a form approved by the Commissioner—
(a) containing a photograph of the person and the person's name or a
unique identification code; and
(b) stating that the person is a protective security officer under this
Act.
(2) If a protective security officer is not in official uniform, the
officer must, at the request of a person in relation to whom the officer intends
to exercise any powers under this Act or any other Act, produce his or her
identity card for inspection by the person.
(3) If a person in possession of an identity card issued to the person
under this section ceases to be a protective security officer, the person must
immediately return the identity card to the Commissioner.
Maximum penalty: $1 250.
(1) A protective security officer is, if so ordered by the Commissioner or
by another person with requisite authority, liable to perform duties in any
place within or outside the State.
(2) A protective security officer, while performing duties outside the
State, is required to obey orders and is liable for breaches of the Code in the
same way as if he or she were performing duties within the State.
34—Suspension or
termination of appointment
(1) The Commissioner may suspend or terminate a person's appointment as a
protective security officer if the Commissioner is satisfied after due inquiry
that there is proper cause to do so.
(2) The power to suspend or terminate a person's appointment under this
section does not apply in relation to a matter to which Part 5
applies.
The Commissioner may at any time revoke the suspension under this Act of a
person's appointment.
36—Suspension and
determinations relating to remuneration etc
(1) A power of the Commissioner under this Act to suspend a person's
appointment, or to order such a suspension, includes power to
determine—
(a) whether the person is entitled to remuneration for the period of
suspension; and
(b) whether the person is entitled to the accrual of specified rights for
the period of suspension; and
(c) whether the period of suspension counts as service.
(2) If a person has received remuneration in respect of a period of
suspension under this Act and the Commissioner has made a determination that the
person is not entitled to remuneration for the period, the Commissioner may
recover the remuneration from the person.
If a person's appointment as a protective security officer is suspended,
all powers vested in the person under this Act are suspended for the period of
the suspension.
38—Resignation and
relinquishment of official duties
(1) A protective security officer may resign by not less than 14 days
notice in writing to the Commissioner (unless notice of a shorter period is
accepted by the Commissioner).
(2) A protective security officer must not relinquish official duties
unless the officer—
(a) is expressly authorised in writing by the Commissioner to do so;
or
(b) is incapacitated by physical or mental disability or illness from
performing official duties.
Maximum penalty: $1 250 or imprisonment for 3 months.
39—Duty to deliver
up equipment etc
(1) If a person's appointment as a protective security officer is
terminated or suspended, the person must immediately deliver up to the
Commissioner, or to a person appointed by the Commissioner to receive property
under this section, all property that belongs to the Crown and was supplied to
the person for official purposes.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A justice may issue a warrant authorising the persons named or
indicated in the warrant to search any place and seize any property which has
not been delivered up as required by this section (and to use reasonable force
for the purpose).
40—False
statements in applications for appointment
(1) A person must not make a false statement in connection with an
application for appointment under this Act.
Maximum penalty: $2 500 or 6 months imprisonment.
(2) In a prosecution for an offence against subsection (1), it is not
necessary for the prosecution to prove that the false statement was made
wilfully or negligently, but it is a defence to prove that the defendant
believed on reasonable grounds that the statement was true.
(3) If a person who has contravened subsection (1) is appointed as a
protective security officer, the contravention will be taken to constitute a
breach of the Code and may be dealt with as such—
(a) despite the fact that the person was not a protective security officer
at the time of the contravention; and
(b) whether or not the person is prosecuted for an offence against
subsection (1).
41—Impersonating
officer and unlawful possession of property
(1) A person who, without lawful excuse—
(a) wears what is or appears to be a protective security uniform;
or
(b) represents himself or herself by word or conduct to be a protective
security officer,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who, without lawful excuse, has possession of a protective
security uniform or protective security property is guilty of an
offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(3) This section does not prevent a person engaged in a theatrical
performance or social entertainment from wearing what appears to be a protective
security uniform in the course of, and for the purpose of, the performance or
entertainment.
(4) In this section—
protective security property means property supplied, or to
be supplied, to a protective security officer for official purposes;
protective security uniform means all or part of the official
uniform of a protective security officer.
(1) An apparently genuine document purporting to be signed by the Minister
certifying that—
(a) a specified person was, at a specified time, a protected person;
or
(b) a specified place was, at a specified time, a protected place;
or
(c) a specified vehicle was, at a specified time, a protected
vehicle,
will be accepted as proof, in the absence of proof to the contrary, of the
matter so certified.
(2) An apparently genuine document purporting to be signed by the
Commissioner certifying that a specified person was, at a specified time, a
protective security officer with specified powers under this Act will be
accepted as proof, in the absence of proof to the contrary, of the matter so
certified.
43—Annual reports
by Commissioner
(1) The Commissioner must, on or before 30 September in each year,
deliver to the Minister a report on protective security officers and their
operations during the period of 12 months that ended on the preceding
30 June.
(2) The Commissioner must include in the report any information required
under the regulations or by the Minister.
(3) The Minister must cause a copy of the report to be laid before each
House of Parliament within 12 sitting days after his or her receipt of
the report.
(1) The Governor may make such regulations as are contemplated by this
Act, or as are necessary or expedient for the purposes of this Act.
(2) A regulation—
(a) may be of general or limited application and may vary in operation
according to factors stated in the regulation; and
(b) may leave a matter or thing to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister or the
Commissioner, either generally or in a particular case or class of cases;
and
(c) may impose a penalty not exceeding $2 500 for contravention of,
or non-compliance with, the regulation.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Police (Complaints and
Disciplinary Proceedings) Act 1985
(1) Long title—delete "members of the police force" and
substitute:
police officers, protective security officers and certain other
persons
(2) Long title—delete "police disciplinary proceedings" and
substitute:
disciplinary proceedings
3—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of the Authority—delete
the definition and substitute:
Authority means the person appointed to be the Police
Complaints Authority under Part 2, or a person acting in the office of
Police Complaints Authority under that Part;
(2) Section 3(1), definition of breach of
discipline—delete "Police Act 1952" and
substitute:
Police Act 1998 or the Protective Security Act
2007
(3) Section 3(1), definition of the
Commissioner—delete "the" first occurring
(4) Section 3(1), definitions of conduct and the
internal investigation branch—delete the definitions and
substitute:
conduct of a designated officer means—
(a) an act or decision of a designated officer; or
(b) failure or refusal by a designated officer to act or make a
decision,
in the exercise, performance or discharge (or purported exercise,
performance or discharge) whether within or outside the State, of a power,
function or duty that the person has as, or by virtue of being, a designated
officer;
designated officer means—
(a) a police officer; and
(b) a person appointed to be a police cadet or special constable under the
Police Act 1998; and
(c) a protective security officer; and
(d) a person employed, or performing duties, in the administrative unit of
the Public Service of which the Commissioner is chief executive;
internal investigation branch means the branch of the police
force established under Part 3;
(5) Section 3(1), definition of member or member of
the police force—delete the definition
(6) Section 3(1), definitions of prescribed officer or
employee and the Tribunal—delete the definitions and
substitute:
Police Minister means the Minister administering the
Police Act 1998;
Police Disciplinary Tribunal means the Police Disciplinary
Tribunal established under Part 6 Division 1;
prescribed officer or employee means—
(a) a person appointed to be a special constable or community constable
under the Police Act 1998; or
(b) an officer or employee referred to in paragraph (d) of the
definition of designated officer;
protective security officer means a person appointed to be a
protective security officer under the Protective Security
Act 2007;
Protective Security Officers Disciplinary Tribunal means the
Protective Security Officers Disciplinary Tribunal established under Part 6
Division 2.
(7) Section 3(5)(a)—delete "Minister responsible for the
administration of the police force" and substitute:
Police Minister
4—Substitution of
heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Internal investigation
branch
5—Amendment of
section 13—Constitution of internal investigation
branch
(1) Section 13(1)—delete "members of the police force" and
substitute:
designated officers
(2) Section 13(2)—delete "members of the police force" and
substitute:
designated officers
Section 15—delete the section and substitute:
15—Duties of police officers serving in internal
investigation branch
If a police officer serving in the internal investigation branch is able to
do so without unduly interfering with the performance by the branch of its
functions, he or she may be directed by the Commissioner to perform duties
unrelated to investigations into the conduct of designated officers (not being
duties involving the investigation of offences alleged to have been committed by
persons other than designated officers).
7—Amendment of
section 16—Complaints to which this Act applies
(1) Section 16(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) A complaint about the conduct of a designated officer may be
made—
(a) to a designated officer (not being the officer about whose conduct the
complaint is made); or
(b) to the Authority.
(2) If a person makes a complaint to a designated officer about the
conduct of that officer, that officer must, as soon as reasonably practicable,
advise the person that, in order for the complaint to be one to which this Act
applies, the complaint must be made—
(a) to some other designated officer; or
(b) to the Authority.
(2) Section 16(4)(a)—delete "member of the police force" and
substitute:
designated officer
(3) Section 16(4)(b)—delete "member of the police force" and
substitute:
designated officer
(4) Section 16(4)(ca)—delete "member of the police force" and
substitute:
designated officer
(5) Section 16(5)(a)—delete "member of the police force" wherever
occurring and substitute in each case:
designated officer
(6) Section 16(5)(c)—delete paragraph (c) and substitute:
(c) made by or on behalf of a designated officer or designated officers in
relation to the employment, or terms or conditions of employment, of the officer
or officers.
8—Amendment of
section 17—Right of persons detained in custody to make complaint to
Authority
(1) Section 17(1)—delete "member of the police force" and
substitute:
designated officer
(2) Section 17(2)(a)—delete "member of the police force" and
substitute:
designated officer
(3) Section 17(3)—delete "member of the police force" and
substitute:
designated officer
(4) Section 17(3)—delete "member" second occurring and
substitute:
officer
9—Amendment of
section 18—Action on complaint being made to designated
officer
(1) Section 18(1)—delete "member of the police force" first
occurring and substitute:
designated officer
(2) Section 18(1)—delete "the member" and substitute:
the officer
(3) Section 18(1)(b)—delete "a member of the police force" and
substitute:
an officer
(4) Section 18(2)—delete "member of the police force" and
substitute:
designated officer
(5) Section 18(2)—delete "that member" and substitute:
that officer
(6) Section 18(4)—delete "member of the police force" and
substitute:
designated officer
10—Amendment of
section 21A—Determination by Authority to resolve complaint
informally
(1) Section 21A(3)—delete "member of the police force" and
substitute:
designated officer
(2) Section 21A(4)(b)—delete "member of the police force" and
substitute:
designated officer
(3) Section 21A(5)—delete "member of the police force" and
substitute:
designated officer
(4) Section 21A(8)—delete "Tribunal" and substitute:
Police Disciplinary Tribunal or the Protective Security Officers
Disciplinary Tribunal (as the case may be)
(5) Section 21A(8)—delete "member of the police force" and
substitute:
designated officer
(6) Section 21A(9)(b)—delete "member of the police force" and
substitute:
designated officer
(7) Section 21A(9)(d)—delete "member of the police force" and
substitute:
designated officer
11—Amendment of
section 22—Conciliation
(1) Section 22(1)—delete "member of the police force" and
substitute:
designated officer
(2) Section 22(6)—delete "members of the police force" and
substitute:
designated officers
12—Amendment of
section 22A—Authority may initiate investigation
Section 22A(1)—after "police force" insert:
or protective security officers
13—Amendment of
section 23—Determination that matter be investigated by
Authority
(1) Section 23(2)(a)(i)—delete "member of the police force" and
substitute:
designated officer
(2) Section 23(2)(a)(ii)—delete "member of the police force" and
substitute:
police officer
(3) Section 23(2)(a)(iii)—after "police force" insert:
or protective security officers
(4) Section 23(3)(b)—delete "member of the police force" and
substitute:
designated officer
14—Amendment of
section 25—Investigations by internal investigation
branch
(1) Section 25(3b)(b)—delete "member of the police force" and
substitute:
designated officer
(2) Section 25(4)—delete "member of the police force" and
substitute:
designated officer
(3) Section 25(5)—delete "member of the police force" and
substitute:
designated officer
(4) Section 25(6)—delete "Police Act 1952" and
substitute:
Police Act 1998 or the Protective Security Act
2007
(5) Section 25(7)—delete "member" second occurring and
substitute:
designated officer
(6) Section 25(7)—delete "member" third occurring and
substitute:
officer
(7) Section 25(8)—delete "member of the police force" and
substitute:
designated officer
(8) Section 25(8)(a)—delete "in pursuance of" and
substitute:
under
(9) Section 25(8)—delete "in accordance with the Police Act
1952" and substitute:
under the Police Act 1998 or Protective Security
Act 2007 (as the case requires)
(10) Section 25(8a)—delete "member of the police force" and
substitute:
designated officer
(11) Section 25(9)—delete "member of the police force" and
substitute:
designated officer
(12) Section 25(9)—delete "member" second occurring and
substitute:
officer
(13) Section 25(10)—delete "member of the police force" and
substitute:
designated officer
(14) Section 25(10)—delete "in accordance with the Police
Act 1952" and substitute:
under the Police Act 1998 or Protective Security
Act 2007 (as the case requires)
(15) Section 25(12)—delete "member of the police force" and
substitute:
designated officer
(16) Section 25(13)—delete "member of the police force" and
substitute:
police officer
(17) Section 25(13)—delete "that member" and substitute:
the police officer
(18) Section 25(13a)—delete "member of the police force" and
substitute:
police officer
(19) Section 25(14)—delete "member of the police
force" and substitute:
designated officer
15—Amendment of
section 26—Powers of Authority to oversee investigations by internal
investigation branch
(1) Section 26(3)—delete "members" and substitute:
police officers
(2) Section 26(5a)—delete "Minister responsible for the
administration of the police force" and substitute:
Police Minister
(3) Section 26(6)—delete "direction of the Governor given under
section 21 of the Police Act 1952" and substitute:
written direction of the Police Minister under section 6 of the
Police Act 1998
16—Amendment of
section 28—Investigation of matters by Authority
(1) Section 28(2)(a)—delete "member of the police force" and
substitute:
police officer
(2) Section 28(3b)(b)—delete "member of the police force" and
substitute:
designated officer
(3) Section 28(7)(b)—delete "member of the police force" and
substitute:
designated officer
(4) Section 28(8)—delete "member of the police force" and
substitute:
designated officer
(5) Section 28(8)—delete "member" second and third occurring and
substitute in each case:
officer
(6) Section 28(10)(a)—delete "in pursuance of" and
substitute:
under
(7) Section 28(11)(a)—delete "member of the police force" and
substitute:
designated officer
(8) Section 28(11)(b)—delete paragraph (b) and substitute:
(b) a designated officer contravenes subsection (10), he or she may
be dealt with under the Police Act 1998 or Protective Security
Act 2007 (as the case requires) for breach of discipline.
(9) Section 28(12)(b)—delete "member of the police force" and
substitute:
designated officer
(10) Section 28(12)(c)—after "Minister" insert:
, the Commissioner
(11) Section 28(13)(c)—delete "member of the police force" and
substitute:
designated officer
(12) Section 28(13)—delete "member of the police force may be dealt
with in accordance with the Police Act 1952," and
substitute:
designated officer may be dealt with under the Police Act 1998
or Protective Security Act 2007 (as the case requires)
(13) Section 28(16)—delete "or any other place" and
substitute:
or protective security officers, or any other place,
(14) Section 28(17)—delete "special"
(15) Section 28(18)(a)—delete "member of the police force" and
substitute:
designated officer
(16) Section 28(18)(b)—delete paragraph (b) and
substitute:
(b) in the case of a designated officer—may be dealt with under the
Police Act 1998 or Protective Security Act 2007 (as the
case requires) for breach of discipline.
(17) Section 28(19)—delete "member of the police force" and
substitute:
designated officer
(18) Section 28(19)—delete "member" second occurring and
substitute:
officer
(19) Section 28(20a)—delete "member of the police force" and
substitute:
designated officer
(20) Section 28(21)—delete "member of the police
force" and substitute:
designated officer
17—Amendment of
section 32—Authority to make assessment and recommendations in relation to
investigations by internal investigation branch
(1) Section 32(1)(a)(i)—delete "member of the police force" and
substitute:
designated officer
(2) Section 32(1)(a)(ii)—delete "member" and substitute:
designated officer
(3) Section 32(1)(a)(iii)—delete "member" and substitute:
designated officer
(4) Section 32(1)(b)(i)(A)—delete "member of the police force" and
substitute:
designated officer
18—Amendment of
section 34—Recommendations of Authority and consequential action by
Commissioner
(1) Section 34(5)—delete subsection (5) and substitute:
(5) However, the Minister must not make a determination under
subsection (4) as to whether action should be taken to charge a designated
officer with an offence or breach of discipline except in the following
circumstances:
(a) if the designated officer is a person appointed to be a protective
security officer under the Protective Security Act 2007—in
consultation with the Minister administering that Act and the Director of Public
Prosecutions;
(b) in any other case—in consultation with the Police Minister and
the Director of Public Prosecutions.
(2) Section 34(8)—after "police force" insert:
or protective security officers
(3) Section 34(8)—delete "direction of the Governor given under
section 21 of the Police Act 1952" and substitute:
written direction of the Police Minister under section 6 of the
Police Act 1998 or section 5 of the Protective Security
Act 2007 (as the case requires)
19—Amendment of
section 35—Commissioner to notify Authority of laying of charges or other
action consequential on investigation
(1) Section 35(1)—delete "member of the police force" and
substitute:
designated officer
(2) Section 35(2)—delete "member of the police force" and
substitute:
designated officer
(3) Section 35(2)—delete "the member" and substitute:
the officer
20—Amendment of
section 36—Dealing with particulars about matter under
investigation
(1) Section 36(1)—delete "member of the police force" and
substitute:
designated officer
(2) Section 36(2)(b)—delete "member of the police force" and
substitute:
designated officer
(3) Section 36(2)(b)—delete "member" second occurring and
substitute:
officer
(4) Section 36(3)—delete "member of the police force" and
substitute:
designated officer
(5) Section 36(4)—delete "member of the police force" and
substitute:
designated officer
(6) Section 36(4)—delete "member" second occurring and
substitute:
officer
(7) Section 36(5)—delete "member of the police force" and
substitute:
designated officer
21—Substitution of
heading to Part 6
Heading to Part 6—delete the heading and substitute:
Part 6—Tribunals
Division 1—Constitution of Police Disciplinary
Tribunal
22—Substitution of
sections 38 and 39
Sections 38 and 39—delete the sections and substitute:
Division 2—Constitution of Protective Security
Officers Disciplinary Tribunal
37A—Constitution of Protective Security Officers
Disciplinary Tribunal
(1) There will be a tribunal entitled the Protective Security Officers
Disciplinary Tribunal.
(2) The Tribunal will be constituted of a magistrate appointed by the
Governor.
(3) The magistrate appointed to constitute the Tribunal will be appointed
for such term of office, not exceeding 3 years, as the Governor may
determine, and on the expiration of his or her term of office will be eligible
for reappointment.
(4) The Governor may appoint another magistrate to be the deputy of the
magistrate appointed to constitute the Tribunal and the Tribunal will, for any
period for which the magistrate appointed to constitute the Tribunal is absent
or unavailable, be constituted of that other magistrate.
(5) The Governor may appoint 3 or more magistrates to a panel and, if at
any time the magistrate appointed under subsection (4) is absent or
unavailable, the Chief Magistrate may appoint a magistrate from the panel to act
in his or her place.
Division 3—Registrar and deputy
registrar
38—Registrar and deputy
registrar
(1) The registrar and deputy registrar of the Police Disciplinary Tribunal
and the Protective Security Officers Disciplinary Tribunal are to be Public
Service employees.
(2) The positions of registrar and deputy registrar of each of the
Tribunals may be held in conjunction with any other position in the Public
Service.
(3) The registrar and deputy registrar of each of the Tribunals will have
such duties and functions as are prescribed and such other duties and functions
as may be directed by the relevant Tribunal.
Division 4—Charges in respect of breach of
discipline
39—Charges in respect of breach of
discipline
(1) If the Commissioner charges a designated officer with a breach of
discipline under the Police Act 1998 or the Protective Security
Act 2007 (as the case requires) and the officer does not make an
admission of guilt to the Commissioner—
(a) if the officer is a protective security officer—the proceedings
on the charge are to be heard and determined by the Protective Security Officers
Disciplinary Tribunal; and
(b) in any other case—the proceedings on the charge are to be heard
and determined by the Police Disciplinary Tribunal.
(2) Subsection (1) applies whether the charge is laid by the Commissioner
in consequence of the investigation of a matter to which this Act applies or
otherwise.
(3) The Commissioner (or person representing the Commissioner) in
proceedings under this section must, at the commencement of the proceedings,
indicate to the Tribunal hearing the proceedings which of the following
categories of punishment the Commissioner considers would, on the facts then
known to the Commissioner, most likely be appropriate if the Tribunal finds the
designated officer guilty of the breach of discipline:
(a) category A—termination or suspension of the officer's
appointment or reduction in the officer's rank for an indefinite
period;
(b) category B—transfer of the officer (without reduction in rank
for an indefinite period), reduction of the officer's remuneration, reduction in
the officer's seniority or imposition of a fine;
(c) category C—withdrawal of specified rights or privileges, a
recorded or unrecorded reprimand, counselling, education or training or action
of a kind prescribed by regulation.
(4) If the Tribunal hearing proceedings under this section is satisfied,
on the balance of probabilities, that the designated officer committed the
breach of discipline with which he or she is charged, the Tribunal must make a
finding that the officer is guilty of the breach of discipline and remit the
proceedings to the Commissioner for the imposition of punishment on the officer
in accordance with the Police Act 1998 or the Protective Security
Act 2007 (as the case may be).
(5) When remitting proceedings to the Commissioner under
subsection (4), the Tribunal may indicate to the Commissioner the
Tribunal's assessment of the seriousness or otherwise of the breach of
discipline of which the designated officer has been found guilty and, in that
event, the Commissioner must, when making his or her determination as to
punishment, have due regard to the Tribunal's assessment.
Division 5—General provisions relating to
proceedings, powers, etc of both Tribunals
39A—Application and
interpretation
The provisions of this Division apply to the Police Disciplinary Tribunal
and the Protective Security Officers Disciplinary Tribunal and, thus, in this
Division—
(a) a reference to the Tribunal will—
(i) in relation to proceedings on a charge of a breach of discipline laid
against a designated officer who is a protective security officer—be taken
to be a reference to the Protective Security Officers Disciplinary Tribunal;
and
(ii) in relation to proceedings on a charge of a breach of discipline laid
against any other designated officer—be taken to be a reference to the
Police Disciplinary Tribunal; and
(b) a reference to the registrar or deputy
registrar will be taken to be a reference to the registrar or deputy
registrar of the Police Disciplinary Tribunal or the registrar or deputy
registrar of the Protective Security Officers Disciplinary Tribunal, as the case
requires.
23—Amendment of
section 40—Proceedings
(1) Section 40(1)—delete "member" and substitute:
designated officer
(2) Section 40(4)—delete subsection (4) and substitute:
(4) The Commissioner may appear personally in proceedings under this Part
or may be represented at proceedings by counsel or a police officer.
24—Amendment of
section 41—Powers
(1) Section 41(1)(a)—after "deputy registrar" insert:
of the Tribunal
(2) Section 41(1)(b)—after "deputy registrar" insert:
of the Tribunal
(3) Section 41(3)—delete "member of the police force" and
substitute:
designated officer
(4) Section 41(4)—delete "member of the police force" and
substitute:
police officer
25—Amendment of
section 46—Appeals in respect of discipline
(1) Section 46(2)—delete "member of the police force" and
substitute:
designated officer
(2) Section 46(3)(b)—delete "member" first occurring and
substitute:
designated officer
(3) Section 46(3)(b)—delete "member" second occurring and
substitute:
officer
(4) Section 46(9)—after the definition of Court
insert:
Tribunal means—
(a) in relation to proceedings on a charge of a breach of discipline laid
against a designated officer who is a protective security officer—the
Protective Security Officers Disciplinary Tribunal; and
(b) in relation to proceedings on a charge of a breach of discipline laid
against any other designated officer—the Police Disciplinary
Tribunal.
26—Amendment of
section 47—Application to Supreme Court as to powers and duties under
Act
(1) Section 47(1)(a)—delete "member of the police force" and
substitute:
designated officer
(2) Section 47(1)—delete "or the Commissioner or any other member of
the police force" and substitute:
, the Commissioner or another designated officer
27—Amendment of
section 48—Secrecy
(1) Section 48(1), definition of prescribed officer,
(b)—delete "member of the police force" and substitute:
designated officer
(2) Section 48(1), definition of relevant person,
(b)—delete "member of the police force" and substitute:
designated officer
(3) Section 48(1)—after the definition of relevant
person insert:
Tribunal means the Police Disciplinary Tribunal or the
Protective Security Officers Disciplinary Tribunal, as the case may
be.
(4) Section 48(3)—delete "member of the police force" and
substitute:
designated officer
(5) Section 48(3)—after "police force" second occurring
insert:
or protective security officers
(6) Section 48(6)—delete "member of the police force" and
substitute:
designated officer
28—Amendment of
section 49—Offences in relation to complaints
Section 49(7), definition of complaint under this
Act—delete "member of the police force" wherever occurring and
substitute in each case:
designated officer
29—Amendment of
section 51—Authority and Commissioner may report to
Ministers
Section 51—delete "Minister responsible for the administration of the
police force" and substitute:
Police Minister
Part 3—Amendment of Public Sector Management
Act 1995
30—Amendment of
Schedule 1—Persons excluded from Public Service
Schedule 1, clause 1(1)—after paragraph (b) insert:
(ba) protective security officers appointed under the Protective
Security Act 2007;
Part 4—Amendment of Security and Investigation
Agents Act 1995
31—Amendment of
section 4—Application of Act
Section 4—after paragraph (a) insert:
(ab) a protective security officer appointed under the Protective
Security Act 2007 while performing official functions;