An Act to amend the Police Act 1990 with respect to the appointment and functions of special constables; to repeal the Police (Special Provisions) Act 1901; to make consequential amendments to other legislation; and for other purposes.
1 Name of Act
This Act is the Police Legislation Amendment (Special Constables) Act 2013.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Police Act 1990 No 47
[1] Section 82L
Insert after section 82K:82L Appointment of special constables(1) The Commissioner may appoint a person to the position of non-executive administrative officer (special constable). A person appointed to such a position is a special constable.(2) Such an appointment may be made subject to such conditions as the Commissioner determines, including (but not limited to) conditions as to the kinds of functions conferred or imposed and the purposes for and circumstances in which such functions may be exercised.(3) Without limiting the generality of subsection (2), the Commissioner may confer or impose on a special constable any of the functions of a police officer of the rank of constable, including any of the functions of a police officer that are specified in the Law Enforcement (Powers and Responsibilities) Act 2002.Note—Accordingly, section 13 of this Act, for example, would apply to any such special constable.(4) Sections 207A and 211A–211AB apply to a special constable who is authorised to exercise functions of a police officer in the same way as those sections apply to a police officer.(5) Section 201 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Supplying police officer’s details and giving warnings) applies to a special constable who is authorised to exercise functions of a police officer in the same way as that section applies to a police officer.(6) Part 4 of the Law Reform (Vicarious Liability) Act 1983 applies to a special constable who is authorised to exercise functions of a police officer in the same way as that Part applies to a police officer.
[2] Section 203 Wearing or possession of police uniforms by others
Insert “or a special constable appointed under section 82L” after “not being a police officer” in section 203 (1).
[3] Section 203 (6)
Insert “or in connection with the exercising of functions as a member of the Police Band” after “entertainment”.
[4] Section 207E Recognised law enforcement officers to have police functions
Omit section 207E (3) (b).
[5] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):any other Act that amends this Act
[6] Schedule 4, Part 30
Insert after Part 29 of Schedule 4:Part 30 Provisions consequent on enactment of Police Legislation Amendment (Special Constables) Act 201382 Revocation of appointment of all special constables under repealed Act(1) A person holding office as a special constable under the Police (Special Provisions) Act 1901 ceases to hold that office on the repeal of that Act by the Police Legislation Amendment (Special Constables) Act 2013.(2) The repeal of the Police (Special Provisions) Act 1901 does not affect the validity of the exercise of any function, or any proceeding initiated, by a special constable before that repeal.83 Existing members of the NSW Police Force(1) In this clause and clause 86:existing NSW Police Force special constable means a member of the NSW Police Force holding office as a special constable under the Police (Special Provisions) Act 1901 immediately before the repeal of that Act.(2) An existing NSW Police Force special constable is, on the commencement of this clause:(a) taken to have been appointed by the Commissioner under section 82L as a non-executive administrative officer (special constable), or(b) in the case of an existing NSW Police Force special constable who is a member of the NSW Police Force solely by reason of being a member of the Police Band—taken to have been appointed by the Commissioner as a non-executive administrative officer under section 82A.84 Appointments of existing security officers(1) In this clause and clause 86:existing security officer means a person holding office as a special constable under the Police (Special Provisions) Act 1901 immediately before the repeal of that Act who:(a) is employed in the service of the Crown, other than in the NSW Police Force, to perform security duties, and(b) is subject to the day-to-day direction of the Commissioner.(2) On the commencement of this clause, an existing security officer specified in an order made under subclause (3):(a) is transferred to the NSW Police Force, and(b) is taken to have been appointed by the Commissioner under section 82L as a non-executive administrative officer (special constable).(3) The Minister may, on the recommendation of the Commissioner, by order in writing specify the existing security officers to be transferred and appointed under subclause (2).85 Appointments of existing Police Band members(1) In this clause and clause 86:existing Police Band member means a person holding office as a special constable under the Police (Special Provisions) Act 1901 immediately before the repeal of that Act and who is employed in the service of the Crown, other than in the NSW Police Force, as a member of the Police Band.(2) On the commencement of this clause, an existing Police Band member specified in an order made under subclause (3):(a) is transferred to the NSW Police Force, and(b) is taken to have been appointed by the Commissioner as a non-executive administrative officer under section 82A.(3) The Minister may, on the recommendation of the Commissioner, by order in writing specify the existing Police Band members to be transferred and appointed under subclause (2).86 Effect of appointments(1) A person taken to have been appointed to a position of non-executive administrative officer by virtue of clause 83, 84 or 85:(a) is appointed at the same level of remuneration to which the person was entitled as an existing NSW Police Force special constable, existing security officer or existing Police Band member, and(b) retains all leave and other employment entitlements accrued by or accruing to the person as an existing NSW Police Force special constable, existing security officer or existing Police Band member.(2) A person who is transferred to the NSW Police Force under clause 84 or 85:(a) is not entitled to receive any payment or other benefit merely by reason of that transfer, and(b) is not entitled to elect, because of the transfer, to be paid the money value of any extended or annual leave that the person had accrued as an existing security officer or existing Police Band member immediately prior to the transfer, and(c) is not entitled to claim, both under this or any other Act, dual benefits of the same kind for the same period of service.
Schedule 2 Repeal of Act
The Police (Special Provisions) Act 1901 No 5 is repealed.Schedule 3 Amendment of other legislation
Section 60AA Meaning of “law enforcement officer”
Insert at the end of paragraph (n) of the definition of law enforcement officer:, or(o) a recognised law enforcement officer within the meaning of the Police Act 1990, or(p) a special constable within the meaning of section 82L of the Police Act 1990.
[1] Section 6 Application of Act
Insert after section 6 (2) (a):(a1) as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or
[2] Section 12 Genuine reasons for having a licence
Omit “a special constable” from paragraph (a) of the matter relating to the genuine reason of animal welfare in the Table to the section.Insert instead “appointed by the Minister administering the Prevention of Cruelty to Animals Act 1979 as an officer for the purposes of that Act”.
Section 5 Definitions
Omit the definition of office from section 5 (1).
[1] Section 680A
Insert after section 680:680A Authorised person may give directions relating to public places(1) A council employee who is authorised in writing by the Commissioner of Police for the purposes of this section (enforcement officer) may give a direction to a person in a public place if the enforcement officer believes, on reasonable grounds, that the person’s behaviour or presence in the place is obstructing another person or persons or traffic.(2) A direction given by an enforcement officer under this section must be reasonable in the circumstances for the purpose of reducing or eliminating the obstruction.(3) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this section.Maximum penalty: 2 penalty units.(4) A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct.(5) The other person or persons referred to in subsection (1) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.(6) Section 201 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Supplying police officer’s details and giving warnings) applies to the exercise of a power under this section by an enforcement officer in the same way as that section applies to a police officer.(7) This section does not authorise an enforcement officer to give directions in relation to:(a) an industrial dispute, or(b) an apparently genuine demonstration or protest, or(c) a procession, or(d) an organised assembly.
[2] Dictionary
Omit the definition of police officer.
[1] Section 4 Definitions
Omit paragraph (b) from the definition of officer in section 4 (1).Insert instead:(b) an officer of an approved charitable organisation who is appointed by the Minister as an officer for the purposes of this Act, or
[2] Section 24A Officers may demand name and address
Insert after section 24A (3):(4) An officer may request a person who is required to give information under subsection (1) to provide proof of that information.
[3] Section 24NA
Insert after section 24N:24NA Power to question persons(1) An inspector may require a person whom the inspector suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of:(a) exercising the powers of an inspector under this Division, orto answer questions in relation to those matters.(b) determining whether there has been a contravention of this Act or the regulations,(2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under this section.Maximum penalty: 25 penalty units.(3) A person must not furnish any information or do any other thing in purported compliance with a requirement made under this section knowing that it is false or misleading in a material respect.Maximum penalty: 25 penalty units.
[4] Section 34 Proceedings for offences
Insert after section 34 (4):(5) In any criminal proceeding for an offence against this Act or the regulations, an officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by the officer.(6) Evidence referred to in subsection (5) may not be so given unless:(a) the statement was made by the officer at the time of or soon after the occurrence of the events to which it refers, and(b) the officer signed the statement when it was made, and(c) a copy of the statement had been given to the person charged or to his or her Australian legal practitioner or legal counsel a reasonable time before the hearing of the evidence for the prosecution.(7) A reference in subsections (5) and (6) to an officer includes a reference to a person who, at the time the statement concerned was made, was an officer.
[5] Schedule 2 Savings and transitional provisions
Insert after Part 5 of Schedule 2:Part 6 Provision consequent on enactment of Police Legislation Amendment (Special Constables) Act 20139 Existing officersA person who was an officer within the meaning of paragraph (b) of the definition of officer in section 4 (1) immediately before the substitution of that paragraph by the Police Legislation Amendment (Special Constables) Act 2013 is, on that substitution, taken to have been appointed by the Minister as an officer for the purposes of this Act.
Schedule 2 Authorised officers
Omit paragraph (a) from the definition of Class 1 officer.
3.7 Road Transport (General) Regulation 2013 (as set out in Schedule 3 to the Road Transport (Statutory Rules) Act 2013 No 20)
Schedule 4 Authorised officers
Omit paragraph (a) from the definition of Class 1 officer.
Dictionary
Omit “and, in relation to the provisions of sections 232 and 233, includes a special constable authorised by RMS to exercise the functions of an authorised officer under those provisions” from the definition of .
Section 6 Application of Act
Omit section 6 (2) (d).
Section 6 Application of Act
Insert after section 6 (2) (a):(a1) as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or
[1] Schedule 1 Persons exempt from requirement for permit
Omit clause 3 (1) (d).
[2] Schedule 1, clause 3 (1) (k)
Insert after clause 3 (1) (j):(k) an inspector within the meaning of Division 2 of Part 2A of the Prevention of Cruelty to Animals Act 1979.