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TASMANIA
__________
POLICE SERVICE AMENDMENT BILL 2008
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 8 amended (Delegation)
5. Section 15 amended (Trainees and junior constables)
6. Section 29 amended (Inability to perform duties)
7. Section 31A inserted
31A. Police officer may make submission
8. Section 43 amended (Actions in relation to breaches of code of
conduct)
9. Section 54 amended (General functions and powers of Police
Review Board)
10. Section 55 amended (Application for review relating to
promotion)
11. Part 4, Divisions 3 and 4 substituted
Division 3 - Reviews relating to disciplinary matters, &c.
60. Application for review relating to disciplinary
matters, &c.
Division 4 - General provisions
61. Date, time and place of hearing of review
62. Constitution of Police Review Board for review
relating to termination or demotion
12. Part 4, Division 5: Heading repealed
13. Section 69 repealed
[Bill 63]-IV
14. Section 70 amended (Attendance by persons)
15. Sections 75A, 75B, 75C and 75D inserted
75A. Hearing of applications for review
75B. Appeal from decision of Police Review Board on
point of law
75C. Provision and consideration of new material
75D. Procedure on reviews
16. Part 5A inserted
PART 5A - Detector dogs
82A. Interpretation of Part 5A
82B. Use of detector dogs
82C. Protection from liability
82D. Offences
17. Section 85 repealed
18. Section 88 substituted
88. Application to trainees and junior constables
2
POLICE SERVICE AMENDMENT BILL 2008
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Police Service Act 2003
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Police Service
Amendment Act 2008.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Police Service Act 2003* is
referred to as the Principal Act.
*No. 75 of 2003
[Bill 63] 3
Police Service Amendment Act 2008
Act No. of
s. 4
4. Section 8 amended (Delegation)
Section 8 of the Principal Act is amended by
omitting paragraph (b).
5. Section 15 amended (Trainees and junior
constables)
Section 15 of the Principal Act is amended by
omitting subsection (3).
6. Section 29 amended (Inability to perform duties)
Section 29(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (i)
"terminated;" and substituting
"terminated.";
(b) by omitting paragraph (j).
7. Section 31A inserted
After section 31 of the Principal Act, the
following section is inserted in Division 5:
31A. Police officer may make submission
(1) Before -
(a) directing that a police officer's
remuneration be reduced under
section 29(4)(c); or
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Police Service Amendment Act 2008
Act No. of
s. 7
(b) demoting a non-commissioned
police officer under
section 29(4)(f); or
(c) making a recommendation under
section 29(4)(g); or
(d) terminating the appointment of a
non-commissioned police officer
under section 29(4)(h); or
(e) making a recommendation under
section 29(4)(i); or
(f) making a recommendation under
section 30(1); or
(g) terminating the appointment of,
or demoting, a non-commissioned
police officer under section 31(1);
or
(h) imposing a fine on a police
officer under section 43(3)(c); or
(i) directing that a police officer's
remuneration be reduced under
section 43(3)(d); or
(j) demoting a non-commissioned
police officer under
section 43(3)(h); or
(k) terminating the appointment of a
non-commissioned police officer
under section 43(3)(i); or
5
Police Service Amendment Act 2008
Act No. of
s. 8
(l) making a recommendation under
section 43(3)(j) -
the Commissioner must -
(m) notify the relevant police officer
of the Commissioner's intention
to so act and his or her reasons
for that intention; and
(n) provide the police officer with an
opportunity to make a submission
to the Commissioner, within the
period (being not less than 14
days) specified in the notification,
as to the reasons why the police
officer believes the
Commissioner should not so act.
(2) If a police officer who is notified by the
Commissioner under subsection (1)(m)
wishes to make a submission to the
Commissioner, he or she must make the
submission within the period specified in
the notification.
8. Section 43 amended (Actions in relation to breaches
of code of conduct)
Section 43(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (j)
"appropriate;" and substituting
"appropriate.";
6
Police Service Amendment Act 2008
Act No. of
s. 9
(b) by omitting paragraph (k).
9. Section 54 amended (General functions and powers
of Police Review Board)
Section 54(1)(b) of the Principal Act is amended
by omitting "section 65" and substituting
"section 60".
10. Section 55 amended (Application for review relating
to promotion)
Section 55 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "below
the rank of commander" and substituting
"of or below the rank of inspector";
(b) by inserting the following subsection
after subsection (2):
(3) An application for a review under
subsection (1) must be -
(a) made in writing stating
the grounds on which it is
made; and
(b) lodged with the Police
Review Board within 14
days of publication of the
notice under section 19.
7
Police Service Amendment Act 2008
Act No. of
s. 11
11. Part 4, Divisions 3 and 4 substituted
Divisions 3 and 4 of Part 4 of the Principal Act
are repealed and the following Divisions are
substituted:
Division 3 - Reviews relating to disciplinary matters, &c.
60. Application for review relating to
disciplinary matters, &c.
(1) A police officer of or below the rank of
inspector, other than a special constable,
(in this Division referred to as "the
applicant") may apply to the Police
Review Board for a review if he or she is
aggrieved by any decision,
determination, order or recommendation
made by the Commissioner in respect
of -
(a) any demotion or reduction in
remuneration of the police
officer; or
(b) the termination of the
appointment of the police officer;
or
(c) the imposition by the
Commissioner on the police
officer of any fine or the
forfeiture by the police officer of
all or any of his or her
remuneration; or
8
Police Service Amendment Act 2008
Act No. of
s. 11
(d) a suspension of remuneration or
allowances, or remuneration and
allowances, under section 41(a);
or
(e) the payment of costs under
section 87.
(2) An application for review under
subsection (1) must be -
(a) made in writing stating the
grounds on which it is made; and
(b) lodged with the Police Review
Board within 30 days after the
applicant has received
notification of the decision,
determination, order or
recommendation in respect of
which the review is sought.
(3) In hearing and determining an
application for review under this
Division, the Police Review Board is to
have regard at all times to the public
interest and community confidence in the
Police Service and to the
Commissioner's responsibilities as set
out in section 7.
(4) The applicant must provide the
Commissioner with a copy of the
application within 3 days after lodging
the application.
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Police Service Amendment Act 2008
Act No. of
s. 11
(5) The Police Review Board may extend the
period referred to in subsection (2)(b) if
satisfied that exceptional circumstances
exist.
(6) The applicant may withdraw an
application for a review.
Division 4 - General provisions
61. Date, time and place of hearing of review
(1) On receipt by the Police Review Board
of an application for review under this
Part, the chairperson of the Police
Review Board is to fix a date, time and
place for the hearing of the application
and is to notify the applicant and the
Commissioner of that date, time and
place.
(2) The date fixed for the hearing of an
application for review must not be earlier
than 14 days after the application is
received by the Police Review Board.
62. Constitution of Police Review Board for
review relating to termination or demotion
(1) Within 14 days after receipt by the Police
Review Board of an application for a
review relating to termination or
demotion, the chairperson of the Police
Review Board is to determine the
constitution of the Police Review Board
10
Police Service Amendment Act 2008
Act No. of
s. 12
for the hearing and determination of that
application.
(2) The Police Review Board constituted
under subsection (1) is to include the
chairperson and at least 2 other members
of the Police Review Board.
12. Part 4, Division 5: Heading repealed
Part 4 of the Principal Act is amended by
omitting the heading "Division 5 -- General
provisions".
13. Section 69 repealed
Section 69 of the Principal Act is repealed.
14. Section 70 amended (Attendance by persons)
Section 70 of the Principal Act is amended by
inserting after subsection (7) the following
subsection:
(8) The Commissioner must make available
to the Police Review Board any one or
more of the following persons:
(a) the applicant for the review;
(b) any police officer required or
summoned to attend the review.
11
Police Service Amendment Act 2008
Act No. of
s. 15
15. Sections 75A, 75B, 75C and 75D inserted
After section 75 of the Principal Act, the
following sections are inserted in Division 4:
75A. Hearing of applications for review
(1) On the hearing of an application for
review, a witness is only to be examined
or cross-examined if the Police Review
Board is satisfied that it is necessary to
do so.
(2) On determining an application for review
under Division 3, the Police Review
Board may uphold the application for
review in whole or in part, or may
dismiss the application, and may make
such orders as it considers necessary or
desirable for the purpose of giving effect
to its decision.
(3) Without limiting subsection (2), on the
determination of an application for
review under Division 3, the Police
Review Board may make any one or
more of the following orders:
(a) an order that the rank or rate of
remuneration to which the
applicant was reduced by the
Commissioner be a higher or
lower rank or rate of
remuneration than that to which
the applicant was so reduced;
12
Police Service Amendment Act 2008
Act No. of
s. 15
(b) an order that the amount of any
fine imposed on the applicant by
the Commissioner be increased or
reduced;
(c) an order that the amount of the
remuneration that the
Commissioner directed should be
forfeited by the applicant be
increased or reduced.
(4) Subject to section 75B, the decision of
the Police Review Board upon the
determination of an application for
review under this Division is final and
the Commissioner is to give effect to that
decision accordingly.
(5) If a person is reinstated or reappointed as
a police officer, or reinstated or
reappointed to a rank, the person is taken
to have continued in service as a police
officer, or at that rank, during the period
of demotion, suspension or termination.
(6) When determining an issue of
remuneration in relation to an application
for review, the Police Review Board is to
take into account any employment
undertaken and income received by the
applicant during his or her period of
suspension or termination, including any
income derived from outside the Police
Service.
13
Police Service Amendment Act 2008
Act No. of
s. 15
75B. Appeal from decision of Police Review
Board on point of law
(1) The applicant or the Commissioner may
appeal a decision of the Police Review
Board made in relation to an application
for review under section 60 to a judge of
the Supreme Court, sitting in chambers,
only on a point of law and that judge has
jurisdiction to hear and determine any
such appeal.
(2) On deciding an appeal under
subsection (1), a judge may make such
orders as he or she considers necessary or
desirable for the purpose of giving effect
to his or her decision.
(3) The Commissioner is to give effect to
any decision or order of the Supreme
Court made on the hearing of an appeal
under subsection (1).
75C. Provision and consideration of new material
(1) If a police officer, in respect of whom a
recommendation is made under
section 30 or an action or determination
is taken or made under section 31 or
section 43(3) -
(a) lodges an application for review;
and
(b) subsequently becomes aware of
new material relevant to the
Commissioner's
14
Police Service Amendment Act 2008
Act No. of
s. 15
recommencation, action or
determination before the matter is
finalised by the Police Review
Board; and
(c) intends to rely on that material -
the officer is to submit that material to
the Commissioner.
(2) If the Commissioner intends to rely on
material in addition to that already
supplied by or to the police officer
referred to in subsection (1), the
Commissioner, subject to the
requirements of any other relevant
legislation, is to provide that material to
the police officer -
(a) not less than 7 days before the
review; or
(b) if the material is not available
within that period, as soon as
practicable after the material
becomes available.
(3) The Commissioner must consider any
new material submitted to him or her
under subsection (1) within 7 days after
its submission, unless of the opinion that
the new material should be considered by
the Police Review Board.
(4) The Commissioner or the applicant may
apply to the Police Review Board for a
matter to be deferred for a reasonable
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Police Service Amendment Act 2008
Act No. of
s. 16
period to allow for any new material to
be considered.
75D. Procedure on reviews
Subject to this Act, the procedure on the
making, hearing and determination of
applications for review under this
Division is to be as prescribed or, in the
absence of regulations in that behalf, as
the Police Review Board may determine.
16. Part 5A inserted
After section 82 of the Principal Act, the
following Part is inserted:
PART 5A - DETECTOR DOGS
82A. Interpretation of Part 5A
In this Part -
"detector dog" includes a police dog
and any other dog trained or used
by a law enforcement agency to
detect any substance or item;
"detector-dog handler" means a
person, whether a police officer
or not, whose duties include
handling a detector dog;
"screen" means to conduct, using a
detector dog, an examination of a
16
Police Service Amendment Act 2008
Act No. of
s. 16
person, vehicle, vessel, aircraft,
premises or any other structure.
82B. Use of detector dogs
(1) A police officer who enters, or is on or
in, a particular place in the performance
of his or her duties as a police officer,
may be accompanied -
(a) by a detector dog; and
(b) if the officer is not a detector-dog
handler, by a detector-dog
handler.
(2) Where a police officer is authorised,
under this or any other legislation, to
search a person, vehicle, vessel, aircraft,
premises or any other structure, the
officer may screen the person, vehicle,
vessel, aircraft, premises or structure in
the process of conducting the search.
(3) A police officer may, in the performance
of his or her duties as a police officer,
without a warrant, screen the following
persons:
(a) persons at, near or seeking to
enter or leave any part of
premises being used for the
consumption of liquor that is sold
at the premises (other than a
person in a part of premises being
17
Police Service Amendment Act 2008
Act No. of
s. 16
used primarily as a restaurant or
other dining place);
(b) persons at, near or seeking to
enter or leave a place at which a
sporting event, concert or other
artistic performance, dance party,
parade or other entertainment is
being held;
(c) persons on, near or seeking to
enter or leave a passenger
vehicle, vessel or aircraft.
(4) A police officer may detain a person, or
cause him or her to be detained, for the
purpose of conducting a screen.
(5) It is the duty of a police officer to ensure
that he or she does not cause a person to
be detained for a period longer than is
necessary for the proper exercise of the
powers conferred by this section.
82C. Protection from liability
The Crown, a police officer and a
detector-dog handler are not liable to any
action, liability, claim or demand merely
because a detector dog entered, or was in
or on, premises as provided by this Part
or because a detector dog initiated, or
inadvertently made, contact with a
person.
18
Police Service Amendment Act 2008
Act No. of
s. 17
82D. Offences
(1) A person must not without lawful excuse
strike, injure, maim or kill a detector dog.
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) A person must not without lawful excuse
do anything likely to impede or interfere
with the effective use of a detector dog.
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
17. Section 85 repealed
Section 85 of the Principal Act is repealed.
18. Section 88 substituted
Section 88 of the Principal Act is repealed and
the following section is substituted:
88. Application to trainees and junior constables
(1) The following provisions apply to a
trainee and a junior constable as if he or
she were a non-commissioned police
officer:
(a) sections 38, 39, 40 and 41;
19
Police Service Amendment Act 2008
Act No. of
s. 18
(b) Part 3;
(c) Part 5, except sections 79, 80 and
82(4);
(d) this Part, except sections 83 and
95.
(2) The following provisions apply to a
trainee as if he or she were a non-
commissioned police officer:
(a) section 57;
(b) Divisions 3 and 4 of Part 4 in
relation to a fine imposed under
section 43(3)(c), a reduction of
remuneration under
section 43(3)(d) or a termination
of appointment under
section 43(3)(i).
20 Government Printer, Tasmania