Note— The Regulation was repealed by sec 10 (2) of the with effect from 1.9.2008. Subordinate Legislation Act 1989 No 146
(1) A person may be placed on the promotion list for a rank or grade within a rank of police officer if the person meets the requirements for placement set out in this clause.
(1) A person may apply to the Executive Director for a review of the person’s performance in a pre-qualifying assessment. (2) A person who attempts a pre-qualifying assessment must be advised that the person is entitled to apply for a review of the person’s performance in the assessment. (3) The grounds for applying for a review under this clause are limited to the following matters:
(a) the assessment process (including matters such as the date and timing of the assessment, work requirements, the applicant’s health and any circumstances that disadvantaged the applicant when attempting the assessment), (b) the form and content of the assessment, (c) the mark awarded for the assessment based on the answers or assignment provided by the person.
(1) A person may apply to the Executive Director for a review of the person’s performance in a promotion examination. (2) A person who attempts a promotion examination must be advised that the person is entitled to apply for a review of the person’s results in the examination. (3) The grounds for applying for a review under this clause are limited to the following matters:
(a) the process of the examination (including matters such as the date and timing of the examination, work requirements, the applicant’s health and any circumstances that disadvantaged the applicant when sitting the examination), (b) the form and content of the examination, (c) the mark awarded for the examination based on the answers provided by the person.
(1) A person who is subject to a management performance review may apply to the Executive Director for a review of any decision made in relation to the management performance review.
(1) The Executive Director may convene such number of Management Performance Review Panels as the Executive Director considers appropriate to deal with applications for reviews under this Subdivision.
(1) The procedure for conducting a review by a Review Panel is, subject to the Act and this Subdivision, to be determined by the Commissioner. (2) A review by a Review Panel is not to be conducted by way of a hearing that involves any person appearing before the Review Panel.
(1) A person may apply to the Executive Director for a review of the results obtained by the person in an eligibility program. (2) A person who undertakes an eligibility program must be advised that the person is entitled to apply for a review of the person’s results in the program. (3) The grounds for applying for a review under this clause are limited to the following matters:
(a) the process of the eligibility program (including matters such as the date and timing of the program, work requirements, the applicant’s health and any circumstances that disadvantaged the applicant when undertaking the program), (b) the form and content of the program, (c) the mark awarded for the program based on the answers or assignments provided by the person.
(1) A Promotions Review Committee is established.
(1) A person may apply to the Review Committee for a review of a decision as to the ranking of the person on a promotion list.
(1) The procedure for conducting a review under this Subdivision is, subject to the Act and this Subdivision, to be determined by the Review Committee. (2) A review by the Review Committee is not to be conducted by way of a hearing involving persons appearing before the Review Committee. (3) In conducting a review, the Review Committee is to consider:
(a) any written information provided by the applicant, and (b) any information provided by the Commissioner.
(1) The Review Committee may, following its review:
(a) affirm the decision the subject of the review, or (b) vary the decision, or (c) set aside the decision and make a decision in substitution for the decision set aside.
(1) The procedure for conducting a review under this Subdivision is, subject to the Act and this Subdivision, to be determined by the appointed person. (2) Any such review is not to be conducted by way of a hearing involving persons appearing before the appointed person.
(1) The appointed person may, following his or her review of the decision the subject of review:
(a) affirm the decision, or (b) vary the decision, or (c) set aside the decision and make a decision in substitution for the decision set aside.
(1) A complaints information system is to be established.
(1) This clause applies to a police officer who:
(a) accepts an offer of a disengagement benefit under section 8A of the , or Police Regulation (Superannuation) Act 1906 (b) is offered a disengagement benefit under that section but elects instead to make provision for the benefit under section 9B of that Act. (2) A police officer to whom this clause applies is entitled to be paid on the termination of the officer’s services the money value of 39 weeks’ special leave with pay as a gratuity.
(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 (Safety and Traffic Management) Act 1999 or any other Act. Drug Misuse and Trafficking Act 1985
(1) A member of the NSW Police Force must not use any prohibited drug. (1A) A member of the NSW Police Force must not use any steroid unless the police officer’s use of the steroid is in accordance with a prescription of a medical practitioner. (2) A member of the NSW Police Force must not have the prescribed concentration of alcohol in his or her breath or blood while the member is rostered on duty.
(1) The code of behaviour does not apply so as to prevent a member of the NSW Police Force from consuming alcohol:
(a) in the performance of a police task, or (b) in an official capacity, or (c) in any other circumstances, if the member is authorised by the Commissioner to do so.
(1) This clause applies if:
(a) the Commissioner considers, as a result of a test conducted under section 211A of the Act or this Part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in his or her breath or blood while rostered on duty, and (b) the police officer has not breached the code of behaviour in that manner in the 3 years immediately preceding the breach.
(1) This clause applies if:
(a) the Commissioner considers, as a result of a test conducted under section 211A of the Act or this Part, that a police officer has breached the code of behaviour by having the prescribed concentration of alcohol in his or her breath or blood while rostered on duty, and (b) the police officer has breached the code of behaviour in that manner in the 3 years immediately preceding the breach.
(1) This clause applies if:
(a) the Commissioner considers, as a result of a 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) The Commissioner may direct an authorised officer to conduct special follow-up testing of police officers whom the Commissioner has previously considered to be in breach of the code of behaviour.
(1) The Commissioner may, by instrument in writing, appoint any person to be an authorised person for the purposes of section 211A or 211AA of the Act and this Part. For those purposes, the Commissioner may appoint a police officer or any other person.
(1) This clause applies if:
(a) it appears to an authorised person as a result of a breath test conducted under section 211A of the Act that the prescribed concentration of alcohol may be present in a police officer’s breath or blood, or (b) a police officer who is required by an authorised person to undergo a breath test under this Part refuses or fails to do so in accordance with the direction of the authorised person. (2) In such a case, the authorised person may require the police officer to submit to a breath analysis in accordance with the directions of the person.
(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 61 or directed to do so by an authorised person under section 211A (4B) of the Act.
(1) An authorised person may arrange for a portion of a sample of a police officer’s urine, hair or blood taken in accordance with section 211A or 211AA of the Act or this Part to be submitted for analysis to an analyst to determine the concentration of alcohol in the blood or to determine whether the urine or hair contains a prohibited drug or steroid.
(1) Subject to this Division, a member of the NSW Police Force is entitled:
(a) after service for 10 years, to leave for 2 months on full pay or 4 months on half pay, and (b) after service for more than 10 years, to:
(i) leave as provided by paragraph (a), and (ii) in addition, an amount of leave proportionate to the member’s length of service after 10 years, calculated on the basis of 5 months on full pay, or 10 months on half pay, for 10 years served after service for 10 years. (2) For the purpose of calculating the entitlement of a person to extended leave under this clause at any time:
(a) service referred to in this clause includes service before the commencement of this Part (as referred to in clause 66 (2)), and (b) there must be deducted from the amount of extended leave to which, but for this paragraph, that person would be entitled:
(i) any extended leave, or leave in the nature of extended leave, and (ii) the equivalent, in extended leave, of any benefit instead of extended leave or leave in the nature of extended leave, and (c) taken or received by that person before that time, including any such leave taken, or benefit received, by that person in accordance with any former Act, and (d) the provisions of Schedule 3A to the have effect. Public Sector Employment and Management Act 2002 (3) Nothing in subclause (2) is to be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both subclause (2) (b) and clause 7 of Schedule 3A to the . Public Sector Employment and Management Act 2002
(1) The Commissioner is entitled to demand from a person (including a public authority or local council) such fees and charges as the Commissioner may from time to time determine with respect to the following services provided to the person, at the person’s request, by a member of the NSW Police Force:
(a) the processing, on behalf of the person, of penalty notices issued by or on behalf of the person, (b) the provision to the person of training services in connection with the procedures to be followed in relation to the issuing of penalty notices.