An Act to amend the Police Service Act 1990 so as to rename the Police Service as NSW Police, to restrict the use of the word “police” as part of a person’s or body’s operating name, to provide for the payment of compensation to persons training to be police officers and to regulate the appointment, promotion and transfer of police officers; and for other purposes.
1 Name of Act
This Act is the Police Service Amendment (NSW Police) Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, subject to subsection (2).(2) Schedule 1 [12] commences:(a) on the commencement of Schedule 1 [11], orwhichever is the later.(b) on the commencement of Schedule 1.7 to the Compensation Court Repeal Act 2002,
3 Amendment of Police Service Act 1990 No 47
The Police Service Act 1990 is amended as set out in Schedule 1.
4 Amendment of other Acts and instruments
Each Act and instrument referred to in Schedule 2 is amended as set out in that Schedule.
Schedule 1 Amendment of Police Service Act 1990
(Section 3)
[1] Long title
Omit the long title. Insert instead:An Act to establish NSW Police, to provide for the management of NSW Police and for the employment of its members of staff, and for other purposes.
[2] The whole Act
Omit “The Police Service”, “The Police Service of New South Wales”, “the Police Service” and “Police Service” wherever occurring (except where specifically referred to elsewhere in this Schedule).Insert instead “NSW Police”.
[3] Section 1
Omit the section. Insert instead:1 Name of ActThis Act is the Police Act 1990.
[4] Section 3 Definitions
Omit the definitions of Police Service and Police Service Senior Executive Service from section 3 (1).Insert instead in alphabetical order:NSW Police means NSW Police established by this Act.NSW Police Senior Executive Service means the NSW Police Senior Executive Service established by this Act.
[5] Section 4
Omit the section. Insert instead:4 Establishment of NSW PoliceNSW Police is established by this Act.
[6] Section 203 Wearing or possession of police uniforms by others
Omit “10 penalty units”. Insert instead “100 penalty units”.
[7] Section 204 Impersonation of police officers
Omit “10 penalty units”. Insert instead “100 penalty units”.
[8] Sections 204A and 204B
Insert after section 204:204A Use of word “police” in operating name(1) A person or body of persons (whether incorporated or not) must not carry on any activity under an operating name that includes the word “police”.Maximum penalty: 100 penalty units.(2) An offence under this section committed by an unincorporated body of persons is taken to have been committed by each person who has been a member of the body’s governing body at any time while the offence has been committed.(3) This section does not prevent a person or body of persons from doing anything in accordance with the terms of a consent in force under section 204B.(4) This section does not apply to:(a) any body that has, among its primary objects, the object of commenting on, objecting to or protesting against the policies or practices of public authorities such as NSW Police, or(b) any other body or class of bodies that is declared by the regulations to be a body or class of bodies to which this section does not apply.(5) In this section, operating name includes any name, style, title or designation under which a person or body carries on an activity, any name under which an association is incorporated under the Associations Incorporation Act 1984 and any business name registered under the Business Names Act 1962 in relation to a person, but does not include:(a) in the case of an individual, the individual’s family name, either alone or together with:(i) one or more of the individual’s given names, or(ii) one or more of the initials of the individual’s given names, or(iii) a combination of one or more of the individual’s given names and one or more of the initials of the individual’s remaining given names, or(b) in the case of a corporation, the corporation’s corporate name, or(c) in the case of an industrial organisation registered under the Industrial Relations Act 1996, the name under which the industrial organisation is registered, or(d) in the case of any other statutory body, the name under which the body is incorporated, constituted or established.204B Consents for the purposes of section 204A(1) The Commissioner may grant consent to any person or body of persons to carry on any activity under an operating name (within the meaning of section 204A) that includes the word “police”, either unconditionally or subject to such conditions as the Commissioner considers appropriate to impose on the consent.(2) A consent may be revoked by the Commissioner at any time.(3) In deciding whether or not to grant or revoke a consent, the Commissioner must have regard to such matters (if any) as are prescribed by the regulations.(4) Before revoking a consent, the Commissioner:(a) must serve notice of the proposed revocation on the person or body of persons having the benefit of the consent, and(b) must allow that person or body at least 14 days within which to make submissions with respect to the proposed revocation, and(c) must have regard to any submissions that are duly made with respect to the proposed revocation.(5) As soon as practicable after revoking a consent, the Commissioner must cause notice of that fact to be given:(a) to the person or body of persons concerned, and(b) if the consent relates to:(i) the name under which an association is incorporated under the Associations Incorporation Act 1984, orto the Director-General of the Department of Fair Trading.(ii) a business name registered under the Business Names Act 1962,Note—Notification of the Director-General of Fair Trading will have the following effect:(a) In the case of the name under which an association is incorporated under the Associations Incorporation Act 1984, it will prompt the Director-General to exercise his or her powers under that Act to direct the association to change its name.(b) In the case of a business name registered under the Business Names Act 1962, it will advise the Director-General that continued use of the name is unlawful and will prompt the Director-General to exercise his or her powers under that Act to refuse to re-register, or to cancel, a currently registered business name.(6) A consent that is revoked ceases to have effect:(a) except as provided by paragraph (b):(i) at the end of 28 days after notice of the revocation is served on the person or body of persons concerned, or(ii) at such later time as may be specified in the notice of revocation, or(b) in the case of a consent that relates to the name under which an association is incorporated under the Associations Incorporation Act 1984:(i) on the date on which the Director-General of Fair Trading issues a certificate of incorporation in respect of the association’s new name under section 14 (5) of that Act, oras the case may be.(ii) on the date on which the Director-General of Fair Trading cancels the association’s incorporation under section 54 (2A) of that Act,
[9] Section 205 Use of police designations by others
Omit “10 penalty units”. Insert instead “100 penalty units”.
[10] Section 216AA
Insert after section 216:216AA Special risk benefit where student of policing hurt while undergoing police education(1) The Commissioner may pay an amount, calculated in accordance with this section, to a student of policing who suffers an injury:(a) that the Commissioner determines to have been caused while the student was undergoing a police education course, and(b) that, in the opinion of the Government Medical Officer, renders the student totally and permanently incapacitated for work.(2) If:(a) a student of policing dies, andthe Commissioner may pay an amount, calculated in accordance with this section, to the student’s spouse or (if the student is not survived by a spouse or if the student is survived by more than one spouse) to the student’s personal representative.(b) the injury causing the death of the student is determined by the Commissioner to have been caused while the student was undergoing a police education course,(3) The amount calculated in accordance with this section in relation to a student of policing to whom subsection (1) or (2) applies is the amount determined in accordance with the formula:%20AND%20(No%3D051)%20AND%20(Year%3D2002)%20AND%20(%22Historical%20Document%22%3D%222002-07-04%22))/g1.gif)
where:A is the amount.S is the annual salary of a probationary constable as at the day on which the student was injured while undergoing a police education course.CF is the capitalisation factor, prescribed for the purposes of section 216, applicable to the student’s sex, and the student’s age as at the day on which the student was injured while undergoing a police education course.(4) The Commissioner must not make a payment under this section unless the student of policing concerned was, in the opinion of the Commissioner, injured because the student was required to be exposed to risks to which other tertiary students would normally not be required to be exposed in the course of their studies.(5) A benefit under this section is payable by the Commissioner out of money made available by Parliament for the purposes of this section.(6) In this section:Government Medical Officer means the person holding office as, or acting in, such position as is declared by the regulations under the Public Sector Management Act 1988 to be the office of the Government Medical Officer.injury includes not only physical injury but also psychological and psychiatric injury.police education course means a course of education determined by the Commissioner to be a police education course for the purposes of this section.student of policing means a person (other than a police officer) who is undergoing a police education course.spouse of a student of policing includes a person with whom the student had a de facto relationship (within the meaning of the Property (Relationships) Act 1984) at the time of his or her death.
[11] Section 216A Determination by Compensation Court
Omit section 216A (1) and (2). Insert instead:(1) An application to the Compensation Court for a determination in relation to a decision of the Commissioner under section 216 or 216AA may be made by:(a) a police officer referred to in section 216 (1), or(b) the spouse or personal representative of a police officer referred to in section 216 (2), or(c) a student of policing referred to in section 216AA (1), orwithin 6 months after the decision is notified in writing to the police officer, student, spouse or personal representative.(d) the spouse or personal representative of a student of policing referred to in section 216AA (2),(2) If within 6 months after:(a) a police officer to whom section 216 applies retires, or dies, orthe Commissioner fails or refuses to make a decision under the relevant section in relation to the police officer or student, the Commissioner is taken, for the purposes of this section, to have made a decision under that section to refuse to pay any amount in relation to the police officer or student.(b) a student of policing to whom section 216AA applies suffers an injury that renders the student totally and permanently incapacitated for work, or dies,
[12] Section 216A (1) (as inserted by item [11])
Omit “Compensation Court”. Insert instead “District Court”.
[13] Section 216A (5)
Insert “or 216AA” after “section 216”.
[14] Section 219 Regulations
Omit section 219 (2) (d). Insert instead:(d) the educational or other qualifications or experience for appointment, whether to NSW Police generally or to a particular rank, grade or position within NSW Police, where experience includes:(i) experience within NSW Police, whether experience generally or experience in relation to a specified rank, grade or position, and(ii) experience otherwise than within NSW Police, as prescribed by the regulations,
[15] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
[16] Schedule 4
Insert at the end of the Schedule, with appropriate Part and clause numbers:Part Provisions consequent on enactment of Police Service Amendment (NSW Police) Act 2002Construction of references to Police ServiceSubject to the regulations, in any other Act or instrument:(a) a reference to the Police Service of New South Wales (however expressed) is to be construed as a reference to NSW Police, and(b) a reference to a member of the Police Service of New South Wales (however expressed) is to be construed as a reference to a member of NSW Police.Use of word “police” in operating name(1) Any person or body of persons who, immediately before the commencement of this clause, was lawfully carrying on an activity under an operating name (within the meaning of section 204A) that includes the word “police” is taken, on that commencement, to have been granted a consent under section 204B (1) to the carrying on of that activity under that name.(2) The provisions of section 204B apply to a consent referred to in subclause (1) in the same way as they apply to a consent granted under section 204B (1).
Schedule 2 Amendment of other Acts and instruments
(Section 4)
[1] Section 14 Change of name
Insert after section 14 (1):(1A) On receiving notice in relation to an association incorporated under a name that includes the word “police” that consent to the carrying on of activities under that name has been revoked under section 204B of the Police Act 1990, the Director-General may, by notice in writing given to the association, direct the association to change its name to a new name that does not include the word “police”.(1B) The notice given by the Director-General under subsection (1A):(a) must specify a date by which an application for approval of a change of name must be made, and(b) must state that the association’s incorporation will be cancelled if such an application is not made on or before that date.
[2] Section 54 Cancellation of incorporation
Insert after section 54 (2):(2A) The Director-General may, by notice published in the Gazette, cancel the incorporation of an association that fails to apply for approval to change its name in accordance with a direction referred to in section 14 (1A).
[3] Section 54 (3) and (6)
Insert “or (2A)” after “subsection (2)” wherever occurring.
Section 5C
Insert after section 5B:5C Registration does not authorise contravention of other Acts and lawsRegistration of a business name under this Act does not authorise a person to carry on business under that name if the person is prohibited by some other Act or law from carrying on business under that name.
Section 21 Meaning of commonly used words and expressions
Omit the definitions of Police Force, police officer and Police Service from section 21 (1).Insert instead in alphabetical order:NSW Police means NSW Police established by the Police Act 1990.Police Force means that part of NSW Police which is comprised of police officers.police officer means a member of NSW Police who is a police officer within the meaning of the Police Act 1990.
[1] Section 3 Definitions
Omit “the Police Service” wherever occurring in the definitions of and chief executive officer.Insert instead “NSW Police”.
[2] Section 16 Delegations
Omit “the Police Service” from section 16 (4).Insert instead “NSW Police”.
[1] Clause 6 Delegations
Omit “the Police Service of New South Wales” from clause 6 (a).Insert instead “NSW Police”.
[2] Clause 6 (a) (ii)
Omit “Police Service Senior Executive Service”.Insert instead “NSW Police Senior Executive Service”.
[1] Section 3 Definitions
Omit “the Police Service” wherever occurring in the definitions of chief executive officer and law enforcement agency.Insert instead “NSW Police”.
[2] Section 29 Delegations
Omit “the Police Service” from section 29 (4).Insert instead “NSW Police”.
[1] Clause 13 Delegations: section 29
Omit “the Police Service of New South Wales” from clause 13 (a).Insert instead “NSW Police”.
[2] Clause 13 (a) (ii)
Omit “Police Service Senior Executive Service”.Insert instead “NSW Police Senior Executive Service”.
The whole Act
Omit “the Police Service Act 1990” wherever occurring.Insert instead “the Police Act 1990”.
Section 2 Definitions
Omit “the Police Service” from the definition of member of the police force in section 2 (1).Insert instead “NSW Police”.
The whole Act
Omit “the Police Service”, “the Police Service of New South Wales” and “the Police Service Act 1990” wherever occurring.Insert instead “NSW Police”, “NSW Police” and “the Police Act 1990”, respectively.
[1] Section 3 Definitions
Omit “the Police Service” from the definition of police station in section 3 (1).Insert instead “NSW Police”.
[2] Section 39 Restrictions on publication
Omit “the Police Service” wherever occurring.Insert instead “NSW Police”.
The whole Act
Omit “the Police Service”, “the police service” and “the Police Service Act 1990” wherever occurring.Insert instead “NSW Police”, “NSW Police” and “the Police Act 1990”, respectively.
[1] The whole Regulation
Omit “the Police Service”, “Police Service” and “NSW Police Service” wherever occurring (except where specifically referred to elsewhere in this Schedule).Insert instead “NSW Police”.
[2] Clause 1
Omit the clause. Insert instead:1 Name of RegulationThis Regulation is the Police Regulation 2000.
[3] Clause 3 Definitions
Omit the definitions of Police Service and the Act.Insert instead in alphabetical order:NSW Police means NSW Police established by the Act.the Act means the Police Act 1990.
[4] Clause 12 Certificate of discharge
Omit “Police Service Act 1990” from clause 12 (1) (c) (ii).Insert instead “Police Act 1990”.
[5] Clause 13 Appointment of constables on probation
Omit “any other Police Service” from clause 13 (2).Insert instead “any other police service or police force”.
[6] Clause 66 General
Omit “Police Service Act 1990 from clause 66 (1) (b).Insert instead “Police Act 1990”.
[7] Clause 107
Insert after clause 106:107 Bodies authorised to carry on business under operating name that includes “police”: section 204AThe following bodies of persons are declared to be bodies to which section 204A of the Act does not apply:Justice & Police MuseumPolice & Community Youth Clubs Pty LtdPolice LegacyPolice Credit Union