(1) A person may be placed on the promotion list for a rank of police officer if the person meets the requirements for placement set out in this clause. (2) A person is eligible to be placed on a promotion list if:
(a) the person has completed the required time at rank before applying to complete the pre-qualifying assessment for that rank, and (b) the person has, within the last 3 years, obtained a mark in the pre-qualifying assessment for that rank and has, on the basis of the person’s mark in that assessment, been determined by the Commissioner to meet the quota requirements for selecting persons to proceed to undertake the promotion examination and management performance review for that rank or grade within a rank, and (c) the person has, within the last 3 years, completed the promotion examination, and the management performance review, for that rank or grade within a rank, and (d) the person has, on the basis of the person’s performance in the pre-qualifying assessment and that examination and review, been determined by the Commissioner to meet the quota requirements for selecting persons to proceed to undertake the eligibility program for that rank or grade within a rank, and (e) the person has, within the last 3 years, successfully completed the eligibility program and obtained an eligibility mark, as determined by the Commissioner, for that rank or grade within a rank.
(1) Persons placed on a promotion list are to be ranked on that list in order according to the eligibility mark of each person. The ranking of persons on a promotion list is to be published on an intranet site of the NSW Police Force that can be accessed by police officers.
(1) A person may apply to the Deputy Commissioner 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 Deputy Commissioner 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 Deputy Commissioner for a review of any decision made in relation to the management performance review.
(1) The Deputy Commissioner may convene such number of Management Performance Review Panels as the Deputy Commissioner considers appropriate to deal with applications under clause 35 or with referrals under clause 36A.
(1) A person may apply to the Deputy Commissioner 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 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) 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) 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 (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) A person who does anything to introduce, or alter the concentration of, alcohol or any prohibited drug or steroid in the police officer’s urine, hair, breath or blood:
(a) before submitting to a breath analysis, or (b) before providing a test sample, is guilty of an offence if the person does so for the purpose of preventing or restricting the use of the results of the analysis in any proceedings against the police officer. Maximum penalty: 20 penalty units.
(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 95 (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, 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 (c) the provisions of Schedule 2 to the have effect. Government Sector Employment Regulation 2014 (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 2 to the . Government Sector Employment Regulation 2014
(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.