Northern Territory Numbered Acts

OMBUDSMAN ACT 2009 (NO 5 OF 2009) - SECT 177

After section 34F

insert

Division 6     Ethical and Professional Standards Command

34G     Establishment of Ethical and Professional Standards Command

The Ethical and Professional Standards Command of the Police Force is established.

34H     Functions

The Police Standards Command has the following functions:

    (a)     to ensure the highest ethical and professional standards are maintained in the Police Force;

    (b)     to investigate and otherwise deal with complaints about conduct of members under Part 7 of the Ombudsman Act ;

    (c)     to perform functions as directed by the Commissioner to be performed, including functions relating to the discipline of members;

    (d)     to perform other functions conferred on it under this or another Act.

34J     Composition of Police Standards Command

    (1)     The Police Standards Command consists of the following:

    (a)     members assigned to the command by the Commissioner;

    (b)     public sector employees employed in the Police Civil Employment Unit and assigned to the command.

    (2)     The officer in charge of the Police Standards Command must be a member of or above the rank of Commander.

34K     Police Standards Command members not subject to direction

In exercising a power or performing a function for Part 7 of the Ombudsman Act , a Police Standards Command member is subject only to the direction of:

    (a)     for the officer in charge of the Police Standards Command – the Commissioner; and

    (b)     for a Police Standards Command member other than the officer in charge – the Commissioner or another Police Standards Command member.

34L     Police Standards Command members may be directed to perform other functions

    (1)     The Commissioner may direct a Police Standards Command member to perform functions not related to the functions of the Police Standards Command.

    (2)     However, the Commissioner must not issue the direction unless the Commissioner is satisfied performance of the functions is not likely to unreasonably interfere with the operations of the Police Standards Command.

    (3)     In addition, the Commissioner must not direct a Police Standards Command member to investigate an offence alleged to have been committed by a Police Standards Command member other than in exceptional circumstances.

34M     Others may be directed to exercise powers and perform functions for Police Standards Command

    (1)     The Commissioner may direct a member who is not a Police Standards Command member, or a public sector employee, to exercise powers and perform functions for Part 7 of the Ombudsman Act .

    (2)     The member or employee is taken to be a Police Standards Command member for that purpose.