Police Service Administration Regulation 1990

pt hdg (prev pt I hdg) renum 2004 SL No. 94s 3sch 1

1Short title

This regulation may be cited as the Police Service Administration Regulation 1990.

s 1 sub 1991 SL No. 108s 4; 1992 SL No. 237s 3

1.2Definitions

In this regulation—

ADA ...

def ADA om 2014 Act No. 17s 147

ADA State coordinator see section 7A.3(1)(b).

def ADA State coordinator ins 2014 Act No. 17s 147

allowed period for testing see section 7A.2(2).

Australian Crime Commission means the Australian Crime Commission under the Australian Crime Commission Act 2002 (Cwlth).

def Australian Crime Commission ins 2013 SL No. 14s 3

Australian Customs and Border Protection Service ...

def Australian Customs and Border Protection Service ins 2013 SL No. 14s 3

om 2015 SL No. 118s 6(1)

Australian Security Intelligence Organisation means the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth).

def Australian Security Intelligence Organisation ins 2013 SL No. 14s 3

Crime and Misconduct Commission ...

def Crime and Misconduct Commission ins 2013 SL No. 14s 3

om 2014 Act No. 21s 94(2)sch 2

immigration and border protection department means a Commonwealth department in which any of the following laws is administered—

(a)Australian Border Force Act 2015 (Cwlth);

(b)Customs Act 1901 (Cwlth), other than parts XVB and XVC;

(c)Migration Act 1958 (Cwlth).

def immigration and border protection department ins 2015 SL No. 118s 6(2)

Australian Transaction Reports and Analysis Centre means the Australian Transaction Reports and Analysis Centre under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cwlth).

def Australian Transaction Reports and Analysis Centre ins 2013 SL No. 14s 3

random alcohol test notice see section 7A.3.

s 1.2 prev s 1.2 om 2004 SL No. 94s 3sch 1

pres s 1.2 ins 2004 SL No. 273s 3

1.6Officers to be familiar with Act etc.

(1)All officers are to take reasonable steps to familiarise themselves with the provisions of the Act, regulations made under the Act, and those codes of conduct, general instructions and determinations that apply to them.

(2)The commissioner is to—

(a)direct the attention of all new officers to the requirements of subsection (1); and

(b)ensure that a copy of the Act, this regulation, and those codes of conduct, general instructions and determinations that apply to them are reasonably accessible to each officer.

s 1.6 amd 2004 SL No. 94s 3sch 1

1.7Queensland Police Gazette

The commissioner is to cause there to be published on a regular basis in the State the Queensland Police Gazette.

pt hdg (prev pt II hdg) renum 2004 SL No. 94s 3sch 1

2.1Oath of officer

For the purposes of section 3.3 of the Act the following oath is prescribed—

“I, A.B., swear by almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of constable or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; that I will cause Her Majesty’s peace to be kept and preserved; that I will prevent to the best of my power all offences against the same; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God.”.

2.2Affirmation of officer

For the purposes of section 3.3 of the Act the following affirmation is prescribed—

“I, A.B., do solemnly, sincerely and truly affirm and declare that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of constable or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; that I will cause Her Majesty’s peace to be kept and preserved; that I will prevent to the best of my power all offences against the same; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.”.

2.3Oath or affirmation

(1)A person who must take, or make, and subscribe an oath or affirmation under section 3.3 of the Act must do so before—

(a)a justice; or

(b)a justice of another State; or

(c)the commissioner, an executive officer or a commissioned officer; or

(d)a member of a police force or service of another State who may, under the law of that State, administer an oath or affirmation, or attest an engagement, of a police officer or special constable appointed for that State.

(2)If the oath or affirmation for the appointment of a special constable in Queensland is administered outside Queensland, the person who administers the oath or affirmation must give the commissioner the following within 14 days after the oath or affirmation is administered—

(a)a statement, signed by the person, of—

(i)the person’s name and contact address; and

(ii)the person’s authority to administer the oath or affirmation;

(b)a copy of the oath or affirmation as subscribed by the special constable.

(3)Failure to comply with subsection (2) does not invalidate the appointment of a special constable.

s 2.3 amd 2004 SL No. 273s 2 sch

sub 2005 SL No. 271s 3

pt 2A (s 2A.1) ins 2014 Act No. 17s 148

2A.1Particular matters within scope of prescribed responsibility etc.—Act, s 4.8(2)

For section 4.8(2)(a) of the Act, the following are prescribed as particular matters within the scope of the Commissioner’s prescribed responsibility—

(a)the determination of priorities;

(b)the determination of the appropriate organisational structure of the department;

(c)the control of the human, financial and other resources of the department;

(d)the designation and redesignation of offices;

(e)the determination of the number and deployment of officers and staff members;

(f)the selection of persons as officers and police recruits;

(g)the qualifications for offices within the service and duties attaching to the offices;

(h)the determination of levels of salaries or wages and allowances of members of the service;

(i)the promotion or demotion of officers and staff members;

(j)the training and development of members of the service;

(k)the discipline of members of the service;

(l)the dress and appearance of members of the service;

(m)the appraisal of performance of members of the service;

(n)the approval and administration of leave arrangements;

(o)the internal redeployment and retraining of officers and staff members;

(p)the termination of employment of members of the service;

(q)the determination of times within which members of the service are to perform their ordinary hours of work;

(r)the development of means to ensure all members of the service are treated justly, fairly and with compassion;

(s)the determination of the number and location of police establishments and police stations;

(t)the maintenance of proper records, including, but not limited to, records about—

(i)the action taken by a police officer or someone else in relation to a person suspected of having committed an offence; and

(ii)the result of any proceeding against the person for the offence;

(u)in relation to a proceeding against a person charged by a police officer for an offence—the taking part in conferences with the person’s legal representative about the conduct of the proceeding in order to narrow issues or help in the timely resolution of the proceeding;

(v)without limiting the actions that may be taken as a result of the conferences mentioned in paragraph (u)—

(i)deciding whether to amend, substitute or withdraw a charge mentioned in paragraph (u); and

(ii)deciding facts to be presented to the court in relation to a charge mentioned in paragraph (u); and

(iii)if there is a prosecution election available, in relation to a charge mentioned in paragraph (u), as to the charge being heard summarily—deciding whether to exercise the election; and

(iv)in exercising an election mentioned in subparagraph (iii)—having regard to any guidelines under the Director of Public Prosecutions Act 1984, section 11 that apply to the commissioner and to any other relevant considerations and requirements; and

(v)deciding the submissions that will be made to a court by the prosecution in the sentencing of an offender on conviction for a charge mentioned in paragraph (u).

pt 2A (s 2A.1) ins 2014 Act No. 17s 148

pt hdg (prev pt III hdg) renum 2004 SL No. 94s 3sch 1

3.1Performance appraisal

The commissioner is to ensure that a regular system of appraisal is established which will provide an officer with information on the officer’s performance and on appropriate remedial steps to improve performance where this is considered appropriate.

pt hdg (prev pt IV hdg) renum 2004 SL No. 94s 3sch 1

4.1Priorities concerning certain appointments

When consideration is given under this part to applications for selection to a position, precedence is to be given to the relative merits of the officers applying for the position, over matters relating to whether the selection of 1 of those officers to the position, involving the promotion of that officer, may involve the transfer of that officer.

4.2Transfers, vacancies and promotions

(1)Where the commissioner proposes to make an appointment to fill a vacancy in a position within the police service, the commissioner may cause a notification of the existence of the vacancy seeking applicants to fill the vacancy to be published in the Queensland Police Gazette at least 14 days before any appointment is made and may set out either generally or specifically criteria relevant to such position.

(2)Such advertisement is to contain—

(a)a date on or before which applications for appointment to such vacancy may be made to the commissioner; and

(b)where the tenure for the position departs from the general policy of the service, the maximum and minimum period during which the officer will be required to remain in the position.

(3)Any officer of the rank specified for the position advertised, and (subject to any condition specified in such advertisement) any other officer, may apply for an advertised position.

s 4.2 amd 2004 SL No. 273s 2 sch

4.2ATransfer

A basis specified in—

(a)if a determination under the Industrial Relations Act 1999, chapter 6, division 1, subdivision 3 operates—the determination; or

(b)otherwise—

(i)an industrial agreement between the commissioner and the Queensland Police Union of Employees and Queensland Police Commissioned Officers’ Union of Employees; or

(ii)an award replacing the agreement;

is a basis for the transfer of an officer under section 5.2(3) and (4) of the Act.

s 4.2A ins 1993 SL No. 481s 3

amd 2012 SL No. 28s 3; 2013 SL No. 260s 22

4.3Method of application

Every application for appointment to a position advertised under section 4.2 is to be made in accordance with the directions of the commissioner.

s 4.3 amd 2004 SL No. 94s 3sch 1

4.4Applicants may be required to undergo assessment

An officer who applies to be considered for selection to a position may be required by the commissioner to submit to examination or assessment to gauge the officer’s potential and mental or physical fitness to discharge the duties of the position.

s 4.4 amd 2004 SL No. 94s 3sch 1 (amdt could not be given effect); 2004 SL No. 273s 2 sch

4.5Integrity and allegations against officers

(1)When an officer seeks promotion to a position the higher the rank of the position the more crucial to the commissioner’s consideration will be the question of integrity on the suitability of the officer for the position.

(2)When an officer seeks promotion the commissioner may seek the comments of the chairman of the Crime and Corruption Commission on the integrity of the officer prior to considering such officer for promotion.

(3)If the chairman informs the commissioner that there is at that time an allegation against the officer seeking promotion and that the allegation has—

(a)credibility; and

(b)a proper basis for belief; and

(c)a degree of seriousness such that if it were true it would actually debar the officer from promotion;

then the commissioner is to presume that the officer does not then have the required integrity for promotion.

(4)If the chairman informs the commissioner that there is at that time an allegation of misconduct against any person (including the officer seeking promotion) and that the officer seeking promotion has failed to—

(a)divulge any relevant information; or

(b)satisfactorily provide an explanation;

on any matter that the chairman reasonably believes to be within the knowledge of the officer then the commissioner is to presume that the officer does not then have the required integrity for promotion.

(5)A presumption created by subsection (3) or (4) is only to continue until—

(a)the chairman of the Crime and Corruption Commission clears the officer or otherwise decides that the officer will not be proceeded against; or

(b)the officer is dealt with by way of disciplinary proceedings, by way of a complaint for corrupt conduct or by way of proceedings for an offence; or

(c)the officer divulges the relevant information or gives an explanation to the satisfaction of the chairman;

in respect of the allegation of misconduct that gave rise to the presumption.

(6)An officer who has been presumed to be unsuitable for selection for promotion on the basis of this section is to have no adverse inference made against him or her in any court or tribunal on that basis alone.

s 4.5 amd 2004 SL No. 94s 3sch 1; 2004 SL No. 273s 2 sch; 2014 Act No. 21s 94(2)sch 2

4.6Constitution of selection panel

Where any officer has applied to be considered for selection to a position the commissioner may convene a selection panel which panel is to consist of not less than 3 persons as appointed by the commissioner.

s 4.6 amd reg pubd gaz 16 February 1991 p 871

4.7Functions of selection panel

The functions of a selection panel shall be as determined by the commissioner.

4.8Selection to be advertised

All selections by the selection panel are to be advertised in the Queensland Police Gazette.

4.9Re-advertising vacancies

(1)Where the existence of a vacancy in a position within the police service has been notified in accordance with section 4.2 and no suitable officer has applied for appointment to the position (including by way of promotion), the commissioner may again cause a notification of the existence of the vacancy seeking applicants to fill the vacancy to be published in the Queensland Police Gazette.

(2)Where a vacancy in a position within the police service has been notified in accordance with this section the commissioner may appoint to the position any officer who has applied for the position, even though the officer fails to meet the normal criteria for appointment to that or a similar position.

(3)A person who is appointed to a position on promotion under this section is to only hold the rank promoted to whilst in the position unless the commissioner otherwise determines.

s 4.9 amd 2004 SL No. 94s 3sch 1; 2004 SL No. 273s 2 sch

4.10Notifying appointments etc.

The commissioner is to cause notification of every transfer, promotion and demotion of an officer to be published in the Queensland Police Gazette, and shall institute administrative arrangements accordingly.

s 4.10 amd 2004 SL No. 94s 3sch 1

4.11Part-time employment

For the purposes of sections 5.7(1)(a) and 5.9(1)(b) of the Act, the following classes of positions are open to appointment on a part-time basis—

(a)all positions as commissioned officers;

(b)all positions as non-commissioned officers;

(c)all positions as constables.

s 4.11 ins 1992 SL No. 237s 5

pt hdg (prev pt V hdg) renum 2004 SL No. 94s 3sch 1

5.1Resignation

An officer must give to the commissioner written notice of intention to resign at least 3 months prior to the date of the intended resignation unless the commissioner approves some shorter period.

5.2Retirement

For the purposes of section 8.2 of the Act, and subject to any other relevant Act which provides for any other retirement age, an officer may retire from the service upon, or at any time after, attaining the age of 55 years.

5.3Withdrawal of services

An officer must not—

(a)withdraw from his or her duties whether as a constable or otherwise unless authorised by the Act, any regulations made under the Act or by the commissioner; or

(b)do any act or make any omission which, if done or omitted to be done by 2 or more officers, would constitute a strike within the meaning of the Industrial Relations Act 1999.

Maximum penalty—100 penalty units.

s 5.3 amd 2004 SL No. 94s 3sch 1; 2004 SL No. 273s 2 sch

pt hdg (prev pt VI hdg) renum 2004 SL No. 94s 3sch 1

amd 2004 SL No. 273s 2 sch

6.1Queensland Police Service Valour Award

(1)An officer who performs an act of exceptional bravery in hazardous circumstances, may be awarded by the commissioner a medal entitled the Queensland Police Service Valour Award.

(3)An award may be made posthumously or to a person who has left the service.

s 6.1 amd reg pubd gaz 9 March 1991 p 1141

6.2Bar for the Queensland Police Service Valour Award

In the event of an officer, who has previously been granted the Valour Award, performing an act of exceptional bravery in hazardous circumstances, the officer may be granted a Silver Bar to the Valour Award.

s 6.2 amd reg pubd gaz 9 March 1991 p 1141

6.3Wearing of Valour Award

The wearing of the Valour Award shall be as determined by the commissioner.

6.4Other awards etc.

The commissioner may make such other awards as the commissioner determines to recognise and commend conspicuous or specially meritorious—

(a)bravery; or

(b)performance of police work;

by an officer acting in the execution of his or her duty as an officer.

s 6.4 amd 2004 SL No. 94s 3sch 1; 2004 SL No. 273s 2 sch

6.5Design of awards etc.

(1)The design of the Queensland Police Service Valour Award is to be as approved by the Governor in Council.

(2)The design and style of any other awards authorised by this part are to be as determined by the commissioner.

6.6Awards may be made for conduct which occurred prior to Act

An award which is authorised by this part may be made for conduct which occurred prior to the commencement of the Act.

pt hdg (prev pt VII hdg) renum 2004 SL No. 94s 3sch 1

7.1Calculation of continuous service for the purposes of section 5.10

For the purpose of section 5.10 of the Act, service of an officer is to be taken to be continuous if the officer has not had a break in service as an officer in excess of 12 months.

7.2Calculation of continuous service

(1)For the purposes of section 5.14 of the Act, the following offices under the Crown are prescribed—

•a public sector unit

•the public, railway or other service of the Commonwealth, a State or a Territory where the service was permanent

•a police force of the Commonwealth, a State or a Territory where the service was permanent

•service in the naval, military or air force of the Commonwealth where the service was permanent

•such other office under the Crown as the commissioner may determine in any particular case.

(2)For the purpose of section 5.14(3) of the Act, service of an officer is to be taken to be continuous only if the officer—

(a)meets all of the conditions as may be determined by the commissioner either generally or in any particular case; and

(b)has not had a break in service between holding an office under the Crown prescribed under subsection (1), and becoming an officer, that is in excess of 12 months.

s 7.2 amd 2004 SL No. 94s 3sch 1; 2004 SL No. 273s 2 sch; 2008 SL No. 209s 20sch 2

pt hdg ins 2004 SL No. 273s 4

div hdg ins 2004 SL No. 273s 4

7A.1When random alcohol test may be conducted without approval of commissioner or deputy commissioner

(1)This section states the criteria for deciding, under section 5A.9(2)(b) of the Act, when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.

(2)For the purpose of the criteria, the commissioner must divide all relevant persons into groups as the commissioner considers appropriate.

(3)The selection of a group for random alcohol testing must be performed using a system approved by the commissioner that—

(a)randomly selects from the groups the name or other identifier of 1 group; and

(b)ensures 2 or more groups in either the same command, region or division of the service or the same unit of the PSBA are not selected in the 1 day; and

(c)gives the name or other identifier of the selected group.

(4)However, enough groups must be selected using the system to ensure that, together, the number of relevant persons in the groups selected during each year will comprise, when selected, at least 10% of the number of persons who were relevant persons at the start of the year.

(5)A random alcohol test may only be conducted without the approval of the commissioner or deputy commissioner on a relevant person who is—

(a)on duty when required to submit to the random alcohol test; and

(b)a person of the selected group as it exists at that time.

(6)In this section—

region means 1 of the regions into which Queensland is split for the administration of the service.

s 7A.1 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 149

7A.2Time period for conducting random alcohol test

(1)This section states the criteria for deciding, under section 5A.9(2)(b) of the Act, when a random alcohol test may be conducted.

(2)A random alcohol test may only be conducted on a relevant person within the period specified under subsection (3) (the allowed period for testing).

(3)The allowed period for testing of a relevant person is—

(a)if the relevant person and the nearest authorised person are stationed at the same place—24 hours after a random alcohol test notice is given in relation to a group that includes the relevant person; or

(b)if the relevant distance is not over 100km—24 hours after a random alcohol test notice is given in relation to a group that includes the relevant person; or

(c)if the relevant distance is over 100km but not over 200km—1 week after a random alcohol test notice is given in relation to a group that includes the relevant person; or

(d)if the relevant distance is over 200km but not over 300km—1 month after a random alcohol test notice is given in relation to a group that includes the relevant person; or

(e)if the relevant distance is over 300km—6 months after a random alcohol test notice is given in relation to a group that includes the relevant person; or

(f)otherwise—6 months after a random alcohol test notice is given in relation to a group that includes the relevant person.

(4)In this section—

relevant distance means the distance, if any, by usable road between the place where a relevant person is stationed and the place where the nearest authorised person is stationed.

s 7A.2 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 150

div hdg ins 2004 SL No. 273s 4

7A.3ADA State coordinator to notify group coordinator of group’s selection

(1)This section applies if—

(a)the system has given the name or other identifier of a selected group; and

(b)the commissioner has authorised a person to be an alcohol and drug awareness State coordinator (ADA State coordinator); and

(c)the commissioner has authorised a person to be the random alcohol testing local coordinator (group coordinator) for the selected group.

(2)The ADA State coordinator must give the group coordinator written notice (random alcohol test notice)—

(a)of the name or other identifier of the selected group; and

(b)that the group coordinator must advise an authorised person of the group that has been selected.

s 7A.3 ins 2004 SL No. 273s 4

sub 2014 Act No. 17s 151

7A.4Authorised person must consult with ADA State coordinator before requiring certain alcohol tests under Act, s 5A.8(c)

An authorised person who knows a relevant person has an agreement with the commissioner under section 7C.1 must, if reasonably practicable, consult with the ADA State coordinator before requiring the relevant person to submit to an alcohol test under section 5A.8(c) of the Act.

s 7A.4 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 152

7A.5When and where relevant person may be recalled to duty for alcohol test

A relevant person who is not on duty must not be recalled to duty for the purpose of being required to submit to an alcohol test under part 5A of the Act unless—

(a)the alcohol test is not a random alcohol test; and

(b)the relevant person has been involved in a critical incident; and

(c)the place where the relevant person is recalled to duty is not where the relevant person is living.

s 7A.5 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 153

div hdg ins 2004 SL No. 273s 4

7A.6A way of requiring relevant person to submit to alcohol test

An authorised person may use the following words to require a relevant person to submit to an alcohol test under part 5A of the Act—

•Under part 5A of the Police Service Administration Act 1990, I now require you to provide a specimen of your breath as directed by me for a random alcohol test. [Replace the words ‘random alcohol test’ with the words ‘alcohol test’ if the test is not a random alcohol test.]

•I direct you to place your mouth over the mouthpiece of the device and blow directly and continuously through the mouthpiece until I tell you to stop.

•Start blowing now.

s 7A.6 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 154

7A.7Sufficient specimen of breath for testing

(1)This section applies if an authorised person requires a relevant person to submit to an alcohol test under part 5A of the Act.

(2)The authorised person may require the relevant person to blow into the instrument used to perform the alcohol test on as many occasions as are reasonably necessary to provide a sufficient specimen of breath for testing.

s 7A.7 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 155

7A.8Claim that alcohol is present in mouth

(1)This section applies if—

(a)an authorised person requires a relevant person to submit to an alcohol test under part 5A of the Act; and

(b)the relevant person tells the authorised person that—

(i)alcohol from a stated source is or may be present in the relevant person’s mouth; and

(ii)the alcohol was taken into the relevant person’s mouth within the last 20 minutes.

(2)A specimen of the relevant person’s breath may only be taken after 20 minutes has passed since the claim was made.

s 7A.8 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 156

7A.9Breath testing instruments

(1)This section applies if the commissioner issues a direction under the Act that a reading shown by a particular type of instrument approved under section 5A.10(4)(a) of the Act when used under part 5A of the Act must be reduced by a stated amount.

(2)In deciding whether a relevant person is over the limit, the reading shown by the instrument must be reduced by the stated amount.

s 7A.9 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 157

7A.10Authorised person must report test result

(1)This section applies if an authorised person requires a relevant person to submit to an alcohol test under part 5A of the Act.

(2)If the relevant person was over the limit applying to the person when tested, the authorised person must advise the relevant person, the ADA State coordinator and the following person, in writing, of the information mentioned in subsection (3)—

(a)if the relevant person is a member of the service and a commissioned officer is responsible for supervising the person—the commissioned officer;

(b)if the relevant person is a member of the service and a commissioned officer is not responsible for supervising the person—the member of the service responsible for supervising the person;

(c)if the relevant person is a relevant PSBA employee—the PSBA chief executive officer.

(3)The information is—

(a)if the relevant person failed to provide a specimen of breath as required—that fact; or

(b)the concentration of alcohol in the relevant person’s breath when tested.

(4)If the relevant person was not over the limit applying to the person when tested, the authorised person must advise the ADA State coordinator, in writing, of that fact.

s 7A.10 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 158

div hdg ins 2004 SL No. 273s 4

7A.11Form of written approval of commissioner or deputy commissioner requiring submission to random alcohol test

(1)A written approval under section 5A.9(2)(a) of the Act may be given by reference to the persons of a group, or class, as it exists when a relevant person is required to submit to an alcohol test under the approval.

Examples of a group or class—

•relevant persons of a particular work unit

•relevant persons stationed at a particular police station

•relevant persons who occupy a particular building

•relevant persons of a particular rank or a particular classification level in the public service

•relevant persons performing a particular function

(2)This section does not limit the form in which a written approval may be given under section 5A.9(2)(a) of the Act.

s 7A.11 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 159

pt hdg ins 2004 SL No. 273s 4

div hdg ins 2004 SL No. 273s 4

7B.1Authorised person must consult with ADA State coordinator before requiring certain targeted substance tests

An authorised person who knows a relevant person has a written agreement with the commissioner or PSBA chief executive officer under section 7C.1 must, if reasonably practicable, consult with the ADA State coordinator before requiring the relevant person to submit to a targeted substance test under section 5A.13(1)(b) of the Act.

s 7B.1 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 160

7B.2Deciding time and place for targeted substance testing on covert operative

An authorised person must, in deciding the time and place for conducting a targeted substance test under part 5A of the Act on a relevant person who is a covert operative, consider—

(a)the safety of the relevant person; and

(b)the effect requiring the relevant person to submit to the test at a particular time and place may have on any covert operation in which the relevant person is taking part.

s 7B.2 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 161

7B.3Limit on length of time that must be specified to provide specimen of urine

(1)For a requirement by an authorised person to provide a specimen of urine under section 5A.14(1) of the Act, the time specified for providing the specimen must not be more than 24 hours after the requirement is made.

(2)However, the authorised person may specify a time of more than 24 hours, but not more than 36 hours, if the authorised person considers there are exceptional circumstances justifying the longer time.

Example of exceptional circumstances—

A doctor or registered nurse is not reasonably available to take the specimen of urine.

s 7B.3 ins 2004 SL No. 273s 4

7B.4When and where relevant person may be recalled to duty for targeted substance test

A relevant person who is not on duty must not be recalled to duty for the purpose of being required to submit to a targeted substance test under part 5A of the Act unless—

(a)either—

(i)the relevant person has been involved in a critical incident; or

(ii)an authorised person reasonably suspects the relevant person has contravened section 5A.12 of the Act and the relevant person was on duty at the time of the suspected contravention; and

(b)the place where the relevant person is recalled to duty is not where the relevant person is living.

s 7B.4 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 162

div hdg ins 2004 SL No. 273s 4

7B.5A way of requiring relevant person to submit to targeted substance test

An authorised person may use the following words when requiring a relevant person to submit to a targeted substance test under part 5A of the Act and to provide a specimen of urine for the purposes of the test—

•Under part 5A of the Police Service Administration Act 1990, I require you to provide a specimen of your urine to a doctor or registered nurse at [place] at [time] for a targeted substance test.

s 7B.5 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 163

7B.6Relevant person to advise details of medication etc.

(1)This section applies if an authorised person requires a relevant person to provide a specimen of urine for a targeted substance test under part 5A of the Act.

(2)Before providing the specimen the relevant person must, unless the relevant person has a reasonable excuse, advise the commissioner in the approved form of details relevant to the following—

(a)any medication or other substance that—

(i)may result in there being evidence of a targeted substance in the relevant person’s urine when tested; or

(ii)that may otherwise affect the result of the targeted substance test;

Example of subparagraph (ii)—

A substance that may affect the rate at which a targeted substance is excreted from the body or mask the use of a targeted substance.

(b)any incident that may affect the result of the targeted substance test.

(3)It is a reasonable excuse for a relevant person to fail to comply with subsection (2) if complying with the requirement might tend to incriminate the relevant person.

(4)The relevant person must give the authorised person the completed approved form as soon as is reasonably practicable.

(5)An authorised person who receives an approved form under subsection (4) must give the approved form to the ADA State coordinator.

s 7B.6 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 164

7B.7If relevant person claims to be unable to provide specimen because of a medical condition

(1)This section applies if—

(a)an authorised person requires a relevant person to provide a specimen of urine for a targeted substance test under part 5A of the Act; and

(b)the relevant person tells the doctor or registered nurse to whom the specimen is required to be provided that the relevant person is unable to provide a specimen of urine because of a medical condition.

(2)The relevant person must give the following information to the doctor or registered nurse—

(a)the name, if known, and nature of the medical condition;

(b)how the medical condition affects the relevant person’s ability to provide a specimen of urine;

(c)how long the relevant person has had the medical condition;

(d)the name and address of any doctor treating the medical condition.

(3)The relevant person must immediately advise the authorised person that the relevant person is unable to provide a specimen of urine because of a medical condition.

s 7B.7 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 165

7B.8Water may be drunk if relevant person claims to be unable to immediately provide specimen

(1)This section applies if—

(a)an authorised person requires a relevant person to provide a specimen of urine for a targeted substance test under part 5A of the Act; and

(b)the relevant person tells the doctor or registered nurse to whom the specimen is required to be provided that the relevant person is unable to immediately provide the specimen.

(2)The doctor or registered nurse may—

(a)allow the relevant person to drink up to 500mL of water as soon as is reasonably practicable; and

(b)direct the relevant person to provide the specimen within 1 hour after drinking the water.

s 7B.8 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 166

7B.9Requirements about the collection of and dealing with urine specimens—Act, s 5A.14

(1)Subject to any direction by the commissioner—

(a)the requirements in the standard about the collection of drugs of abuse in human urine must be complied with as if the requirements applied to urine specimens under part 5A of the Act; and

(b)the requirements in the standard about the way a specimen of human urine must be dealt with after it has been obtained must be complied with as if the requirements applied to urine specimens under part 5A of the Act.

(2)In this section—

standard means joint Standards Australia and Standards New Zealand standard AS/NZS 4308:2008, section 2 as published on 19 March 2008.

s 7B.9 ins 2004 SL No. 273s 4

amd 2012 SL No. 19s 3

7B.10Commissioner or PSBA chief executive officer to advise relevant person of test result

(1)This section applies if an authorised person requires a relevant person to submit to a targeted substance test under part 5A of the Act.

(2)The relevant person must be advised, in writing, of the information mentioned in subsection (4) by—

(a)if the relevant person is a member of the service—the commissioner; or

(b)if the relevant person is a relevant PSBA employee—the PSBA chief executive officer.

(3)The information must be given as soon as is reasonably practicable after the test is completed.

Note—

For a failure to provide a specimen as required, see section 5A.15 of the Act.

(4)The information is—

(a)if the relevant person failed to provide a specimen of urine as required—that fact; or

(b)otherwise—

(i)whether the relevant person had evidence of a targeted substance in the relevant person’s urine when tested; and

(ii)if the relevant person had evidence of a targeted substance in the relevant person’s urine when tested—the targeted substance.

s 7B.10 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 167

pt hdg ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 168

7C.1AA Definition for pt 7C

In this part—

approved person means—

(a)for a member of the service—another member of the service approved by the commissioner for this part; or

(b)for a relevant PSBA employee—a person approved by the PSBA chief executive officer for this part.

s 7C.1AA ins 2014 Act No. 17s 169

7C.1Self-reporting by member of the service

(1)This section applies if a member of the service asks the ADA State coordinator or an approved person for counselling or rehabilitation in relation to the member’s personal use of alcohol or a drug.

(2)The ADA State coordinator may invite the member to enter into a written agreement with the commissioner for counselling or rehabilitation services for the member.

(3)Without limiting the terms of the agreement, the agreement must state the following—

(a)the counselling, treatment or other rehabilitation to be provided under the agreement;

(b)that the service will pay the cost of the counselling, treatment or other rehabilitation;

(c)the ADA State coordinator may at any time review the agreement;

(d)the agreement may only be changed with the written agreement of the parties;

(e)the agreement ends on the earliest of the following—

(i)the expiry of the agreement;

(ii)if the member has breached the agreement in a substantial way and the commissioner gives written notice ending the agreement to the member;

(iii)a party gives written notice ending the agreement to the other party;

(iv)the member stops being a member of the service.

(4)The agreement may make provision about the testing of the member for alcohol or drugs.

s 7C.1 ins 2004 SL No. 273s 4

amd 2014 Act No. 17s 170

7C.1ASelf-reporting by relevant PSBA employee

(1)This section applies if a relevant PSBA employee asks an approved person for counselling or rehabilitation in relation to the PSBA employee’s personal use of alcohol or a drug.

(2)The approved person may invite the relevant PSBA employee to enter into a written agreement with the PSBA chief executive officer for counselling or rehabilitation services.

(3)Without limiting the terms of the agreement, the agreement must state the following—

(a)the counselling or rehabilitation to be provided under the agreement;

(b)that the State will pay the cost of the counselling or rehabilitation;

(c)the approved person may at any time review the agreement;

(d)the agreement may only be changed with the written agreement of the parties;

(e)the agreement ends on the earliest of the following—

(i)the expiry of the agreement;

(ii)the PSBA chief executive officer gives written notice ending the agreement to the PSBA employee because the relevant PSBA employee has breached the agreement in a substantial way;

(iii)a party gives written notice ending the agreement to the other party;

(iv)the relevant PSBA employee stops being a public service employee.

(4)The agreement may make provision about the testing of the relevant PSBA employee for alcohol or drugs.

s 7C.1A ins 2014 Act No. 17s 171

pt hdg ins 2008 Act No. 49s 13

7C.2Law enforcement agencies—Act, s 10.2G

For section 10.2G of the Act, definition law enforcement agency, each of the following entities is a law enforcement agency—

(a)Australian Crime Commission;

(b)Australian Security Intelligence Organisation;

(c)Crime and Corruption Commission;

(d)immigration and border protection department.

s 7C.2 ins 2008 Act No. 49s 13

amd 2013 SL No. 14s 4; 2014 Act No. 21s 94(2)sch 2; 2015 SL No. 118s 7

7C.3Approved information—Act, s 10.2G

For section 10.2G of the Act, definition approved information, the approved information in a QPS database is the information stated in the schedule.

s 7C.3 ins 2008 Act No. 49s 13

7C.4Approved agencies—Act, s 10.2G

For section 10.2G of the Act, definition approved agency, each of the following entities is an approved agency—

(a)Australian Crime Commission;

(b)Australian Federal Police;

(c)Australian Security Intelligence Organisation;

(d)Australian Transaction Reports and Analysis Centre;

(e)Crime and Corruption Commission;

(f)immigration and border protection department;

(g)the department in which the Statistical Returns Act 1896 is administered;

(h)the PSBA.

s 7C.4 ins 2013 SL No. 14s 5

amd 2014 Act No. 17s 172; 2014 Act No. 21s 94(2)sch 2; 2015 SL No. 118s 8

pt 7E (s 7E.1) ins 2009 Act No. 48s 69

7E.1Interstate screening units—Act, s 10.2S, definition interstate screening unit, paragraph (a)

For section 10.2S of the Act, definition interstate screening unit, paragraph (a), each of the following entities is an interstate screening unit—

(a)the Commission for Children and Young People constituted by the Commission for Children and Young People Act 1998 (NSW);

(b)an approved screening agency under the Commission for Children and Young People Act 1998 (NSW);

(c)the Secretary to the Department of Justice as mentioned in the Working with Children Act 2005 (Vic);

(d)the Victorian Institute of Teaching as mentioned in the Education and Training Reform Act 2006 (Vic);

(e)the chief executive officer as mentioned in the Working with Children (Criminal Record Checking) Act 2004 (WA);

(f)the Screening Authority established under the Care and Protection of Children Act (NT), section 196.

pt 7E (s 7E.1) ins 2009 Act No. 48s 69

pt hdg prev pt 8 hdg om 2004 SL No. 94s 3sch 1

pres pt 8 hdg (prev pt 10 hdg) ins 1998 SL No. 127s 3

renum 2004 SL No. 94s 3sch 1

8.1Local laws do not apply in relation to police dogs or horses etc.

A local law does not apply in relation to—

(a)a police dog or police horse; or

(b)a police dog handler in connection with the keeping, maintenance or use of any police dog for the purpose of discharging a function under the Act; or

(c)an officer in connection with the keeping, maintenance or use of any police horse for the purpose of discharging a function under the Act.

s 8.1 prev s 8.1 amd 1991 SL No. 108s 5; 2004 SL No. 94s 3sch 1

om 2004 SL No. 94s 3sch 1

pres s 8.1 (prev s 10.1) ins 1998 SL No. 127s 3

renum 2004 SL No. 94s 3sch 1

8.2External service providers

A public service employee, who is employed in any of the following units of the department in which the State Buildings Protective Security Act 1983 is administered, is an external service provider for the Act, section 1.4, definition external service provider—

•CITEC

•CorpTech

•Shared Service Agency.

s 8.2 (prev s 10.2) ins 2003 Act No. 92s 37

renum 2004 SL No. 94s 3sch 1

amd 2005 SL No. 271s 4

sub 2006 SL No. 146s 4

amd 2008 SL No. 53s 3

sub 2009 SL No. 204s 3

pt hdg ins 2012 SL No. 28s 4

9.1Transitional provision for s 4.2A

Section 4.2A as amended by the Police Service Administration Amendment Regulation (No. 2) 2012 applies to a determination made before the commencement of this section if the determination operates after the commencement of this section.

s 9.1 prev s 9.1 om 2004 SL No. 94s 3sch 1

pres s 9.1 ins 2012 SL No. 28s 4

section 7C.3

1In relation to a person—

•name

•alias

•date of birth

•gender

•residential or other address

•drivers licence number

•physical or racial description

•whether the person is an Aboriginal or Torres Strait Islander

•distinguishing features, including, for example, tattoos and scars

•criminal history

•whether a warrant has been issued in relation to the person and the details of the warrant

•whether the person is or has been a person of interest in Queensland or interstate and the details of why the person is or has been a person of interest

•whether a domestic violence order has been made against the person and the details of the order

•whether the person’s name has been entered on the child protection register

•whether a warning, including, for example, a warning about the health or behaviour of the person has been recorded in a document in the possession of the Queensland Police Service and the details of the warning

•whether the person has been granted bail and any conditions of the bail

•whether the person has held a licence for, or possessed, a weapon and the details of the licence or possession

•whether the person is or has been an escapee and the details relating to the escape

•whether the person is or has been a missing person

•whether a DNA sample has been provided by the person

•a fingerprint identification number

•a jurisdictional reference number recorded in a QPS database for the person

•a photograph of the person

•deceased date.

2In relation to a matter or thing—

•the details of an unidentified person report

•the details of an unidentified body report.

prev sch om 2004 SL No. 94 s 3 sch 1

pres sch ins 2008 Act No. 49 s 14