(1) A person may be placed on the promotion list for a rank or grade within a rank of police officer (other than the sergeants reserve promotion list) if the person meets the requirements for placement set out in this clause.
(1) A person may be placed on a sergeants reserve promotion list if the person:
(a) meets the requirements for placement set out in this clause, and (b) is not on the current principal promotion list for the rank of sergeant.
(1) The regulations under the apply to administrative officers and temporary employees in relation to the following matters: Public Sector Employment and Management Act 2002
(a) hours of attendance on duty, (b) public holidays, (c) absence from duty, (d) increments, (e) health and safety, (f) selection procedures.
(1) Nothing in this Part affects any liability for an offence relating to the consumption or supply of alcohol, or the use or supply of other drugs, arising under the or the Road Transport Act 2013 or any other Act. Drug Misuse and Trafficking Act 1985
(1) This clause applies if:
(a) the Commissioner considers, as a result of a test (other than an initial screening test) conducted under section 211A or 211AA of the Act or this Part, that a police officer has breached the code of behaviour by using a prohibited drug or steroid, and (b) the police officer has not breached the code of behaviour in that manner in the 5 years preceding the breach.
(1) This clause applies to an officer who has been appointed on probation.
(1) This clause applies if a sample of urine is taken under section 211A of the Act for the purpose of testing for the presence of prohibited drugs.
(1) This clause applies to:
(a) an authorised person who arranges for a sample of urine, hair or blood to be taken when empowered to do so under section 211A or 211AA of the Act, and (b) a medical practitioner who takes a sample of blood when empowered to do so under clause 90 or directed to do so by an authorised person under section 211A (4B) of the Act. (1A) This clause does not apply in relation to a sample of urine that has been the subject of an initial screening test that returned a result indicating the absence of prohibited drugs.
(1) If a member of the NSW Police Force has acquired a right to extended leave with pay and dies before starting it, or after starting it dies before completing it:
(a) the member’s surviving spouse, or (b) if there is no such surviving spouse, the member’s children, or (c) if there is no such surviving spouse or child, a person who, in the opinion of the Commissioner, was, at the time of the member’s death, a dependant relative of the member, is or are entitled to receive the money value of the leave not taken, or not completed, calculated at the rate of salary that the member received at the time of his or her death, less any amount paid to the member in respect of the leave not taken, or not completed. (2) If a member of the NSW Police Force with at least 5 years’ service as an adult and less than 10 years’ service dies:
(a) the member’s surviving spouse, or (b) if there is no such surviving spouse, the member’s children, or (c) if there is no such surviving spouse or child, a person who, in the opinion of the Commissioner, was, at the time of the death of the member, a dependant relative of the member, is or are entitled to receive the money value of the leave which would have accrued to the member had his or her services terminated, calculated at the rate of salary that the member was receiving at the time of his or her death.
(1) A police officer who resigns or retires or whose services are otherwise terminated (except by death) is, on cessation of employment, entitled to be paid immediately, instead of annual leave accrued and remaining untaken, the money value of that leave as a gratuity. (2) An officer to whom subclause (1) applies may elect to take either the whole or part of the annual leave accrued and remaining untaken at cessation of active duty as annual leave on full pay instead of taking the money value of that leave as a gratuity.
(1) Annual leave does not accrue to a member of the NSW Police Force in respect of any period of absence from duty without pay or without leave. (2) Despite subclause (1), annual leave accrues in respect of:
(a) any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the , and Workers Compensation Act 1987 (b) any period of sick leave without pay, and (c) any other period of leave without pay, not exceeding 5 working days in any period of 12 months. (3) If a member of the NSW Police Force takes extended leave on half pay, the period of that leave is to be taken into account to the extent of one-half of the leave only in calculating the member’s accrual of annual leave. (4) A member of the NSW Police Force who resigns or retires or whose services are otherwise terminated (except by death) is, on cessation of employment, entitled to be paid immediately, instead of annual leave accrued and remaining untaken or unforfeited, the money value of that leave as a gratuity.
(1) This clause applies where a member of the NSW Police Force is or becomes unable to attend for duty or to continue on duty in circumstances that may give the member a right to claim compensation under the . Workers Compensation Act 1987 (2) If a member of the NSW Police Force has made a claim for any such compensation, the member may, pending the determination of that claim and subject to the provisions of this Division relating to sick leave and to subclauses (4) and (7), be granted by the Commissioner sick leave on full pay for which the member is eligible, and if that claim is accepted the equivalent period of any such sick leave is to be restored to the credit of the member.
(1) This clause applies to a police officer who is in receipt of weekly compensation payments under the in connection with employment as a police officer and who continues to be employed in the NSW Police Force. Workers Compensation Act 1987
(1) The provisions of the (rescinded by the Crown Employees (Police Officers Death and Disability) Award 2005 ) relating to payments for partial and permanent disability continue to apply, despite the rescission of that Award, in respect of the disability of a police officer in any of the following cases if the police officer has not been discharged from the NSW Police Force before the commencement of Part 9B of the Act: Police Amendment (Death and Disability) Act 2011
(a) The police officer had been unfit for duty because of the disability for a total period of at least 4 months during the previous 8 months before 30 November 2011 and the NSW Police Force had, on or before that date, received a report or certificate from the police officer’s nominated treating medical practitioner indicating that:
(i) the police officer had reached maximum medical improvement, and (ii) the police officer should be discharged from the NSW Police Force. (b) The NSW Police Force had, on or before 25 November 2011, arranged an independent medical examination of the police officer to determine whether the police officer was permanently incapacitated for work as a police officer as a result of the disability. (c) The NSW Police Force had, on or before 30 November 2011, received a report of an independent medical examination of the police officer and the report indicated that the police officer was permanently incapacitated for work as a police officer as a result of the disability.
(1) In this clause, SASS additional benefit contributor means a police officer who is a contributor to the State Authorities Superannuation Fund and who is covered by the additional benefit under theState Authorities Superannuation Act 1987.
(1) The form of the oath required to be taken by a recognised law enforcement officer under section 207D of the Act is as follows:
I, , do swear that I will well and truly serve our Sovereign Lady the Queen as a recognised law enforcement officer without favour or affection, malice or ill-will until I am legally discharged, that I will cause Her Majesty’s peace to be kept and preserved, and that I will prevent to the best of my power all offences against that peace, and that while I continue to be a recognised law enforcement officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law. So help me God. (2) The form of the affirmation is the same as the form of the oath, except that:
(a) the words “solemnly, sincerely and truly declare and affirm” are to be substituted for the word “swear”, and (b) the words “So help me God” are to be omitted.