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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    (Repealed)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    (Repealed)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    (Repealed)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  (Repealed)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


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