Police Service Administration Act 1990


Queensland Crest
Police Service Administration Act 1990
Queensland Police Service Administration Act 1990 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Some enacted but uncommenced amendments included in the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 No. 32 have also been incorporated in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018—15 February 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Police Service Administration Act 1990 Contents Part 1 1.1 1.2 1.3 1.4 1.5 1.6 Part 2 2.1 2.2 2.3 2.3A 2.4 2.5 2.5A Part 3 3.1 3.2 3.3 3.4 3.7 Part 4 4.1 4.2 4.3 4.4 4.5 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Meaning of tenure not limited by time . . . . . . . . . . . . . . . . . . . . . 16 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Queensland Police Service Maintenance of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Membership of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Functions of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Presence of police officers at fire or chemical incident . . . . . . . . 18 Community responsibility preserved . . . . . . . . . . . . . . . . . . . . . . 19 Administration of staff members . . . . . . . . . . . . . . . . . . . . . . . . . 19 Officers etc. employed under this Act . . . . . . . . . . . . . . . . . . . . . 20 Police officers’ powers and duties related to those of constable Meaning of officer in part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Relation to office of constable . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Proof of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Termination of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Commissioner of the Queensland Police Service Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Removal and suspension of commissioner . . . . . . . . . . . . . . . . . 23
Not authorised —indicative only Police Service Administration Act 1990 Contents 4.6 4.7 4.8 4.9 4.10 4.11 4.12 Part 5 Division 1 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.13A 5.13B 5.13C 5.14 5.15 5.16 5.17 Division 2 5.18 Part 5A Division 1 5A.1 Communications between Minister and commissioner . . . . . . . . 24 Recording and publication of communications . . . . . . . . . . . . . . 25 Commissioner’s responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Commissioner’s directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Acting as commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Commissioner’s official seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Appointment of personnel Officers and other police personnel Ranks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Appointment to be on merit on impartial procedures . . . . . . . . . . 29 Executive officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Acting as executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Other appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Conditions of employment of commissioned officers . . . . . . . . . 32 Acting as commissioned officer . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Conditions of employment of noncommissioned officers and constables 34 Officer’s election on termination of certain appointments . . . . . . 34 Conditions of employment of police recruits . . . . . . . . . . . . . . . . 36 Appointment on probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Officer not to refuse transfer, but may object . . . . . . . . . . . . . . . 38 Objection to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Delay in attendance for duty on directed transfer to allow for objection and review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Secondment etc. of officers to PSBA . . . . . . . . . . . . . . . . . . . . . 39 Calculation of continuous service as officer . . . . . . . . . . . . . . . . 40 Officer as employee of Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Special constables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Authorisation of non-State police officers . . . . . . . . . . . . . . . . . . 42 Watch-house officers Appointment of watch-house officers . . . . . . . . . . . . . . . . . . . . . 44 Alcohol and drug tests General Object of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Page 2
5A.2 5A.3 5A.4 5A.4A 5A.5 Division 2 5A.6 5A.7 5A.8 5A.9 5A.10 5A.11 Division 3 5A.12 5A.13 5A.14 5A.15 Division 4 5A.16 5A.17 Division 5 5A.18 5A.19 5A.20 5A.21 5A.21A 5A.23 Part 5AA Division 1 5AA.1 5AA.1A 5AA.2 5AA.3 5AA.4 Police Service Administration Act 1990 Contents Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Persons to whom pt 5A applies . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Substances to which pt 5A applies . . . . . . . . . . . . . . . . . . . . . . . 49 Analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part does not affect other powers . . . . . . . . . . . . . . . . . . . . . . . . 50 Provisions about alcohol testing When is a person over the limit . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Alcohol limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Circumstances for alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . 51 Random alcohol testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Providing specimen of breath for alcohol test or random alcohol test 52 Failure to provide specimen of breath . . . . . . . . . . . . . . . . . . . . . 53 Provisions about drug testing Targeted substance levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Circumstances for targeted substance testing . . . . . . . . . . . . . . 53 Providing specimen for targeted substance test . . . . . . . . . . . . . 54 Effect of failure to provide specimen of urine . . . . . . . . . . . . . . . 55 What happens if a test result is positive If alcohol or targeted substance test positive . . . . . . . . . . . . . . . 55 Effect of failure to comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 General Giving requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Interfering with specimens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Test result evidence generally inadmissible . . . . . . . . . . . . . . . . 57 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Agreements about counselling and rehabilitation . . . . . . . . . . . . 59 Limitation on disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . 61 Assessment of suitability of persons seeking to be engaged, or engaged, by the service Preliminary Purpose of pt 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Definition for pt 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Parliament’s intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Meaning of engaged by the service . . . . . . . . . . . . . . . . . . . . . . 62 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Page 3 Not authorised —indicative only
Police Service Administration Act 1990 Contents Not authorised —indicative only 5AA.5 Division 2 5AA.6 5AA.7 5AA.8 Division 3 5AA.9 5AA.10 5AA.10A Division 4 5AA.11 5AA.12 5AA.13 5AA.14 5AA.15 Part 6 6.1 6.2 6.3 6.4 Part 7 7.1 7.2 7.3 7.4 Part 7A 7A.1 7A.2 7A.3 7A.4 7A.5 Part 8 Page 4 Person to be advised of duties of disclosure etc. . . . . . . . . . . . . 63 Disclosure of relevant information Persons engaged or seeking to be engaged by the service must disclose relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Persons engaged by the service must disclose changes in relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Requirements for disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Commissioner may obtain relevant information from other entities Commissioner may request information from other authorities . . 66 Prosecuting authority to notify commissioner about committal, conviction etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Information about disciplinary action to be given by chief executive 68 Controls on use of relevant information and information about particular investigations Assessment of suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Particular persons to be advised if person unsuitable . . . . . . . . . 70 PSBA employee or external service provider to be advised if person unsuitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Guidelines for dealing with relevant information . . . . . . . . . . . . . 75 Standing down and suspension Power to stand down and suspend . . . . . . . . . . . . . . . . . . . . . . . 76 Salary entitlement if stood down . . . . . . . . . . . . . . . . . . . . . . . . . 76 Salary entitlement if suspended . . . . . . . . . . . . . . . . . . . . . . . . . 77 Officer relieved of powers and duties while stood down or suspended 78 Internal command and discipline Responsibility for command . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Duty concerning misconduct or breaches of discipline . . . . . . . . 79 Offence of victimisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Disciplinary declarations against former officers Power to conduct disciplinary investigation against a former officer 82 Disciplinary action that may be taken against a former officer . . 83 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Commissioner to notify former officer of decision . . . . . . . . . . . . 85 Notice of misconduct finding to Crime and Corruption Commission 85 Resignation, retirement and change in status
Police Service Administration Act 1990 Contents Not authorised —indicative only 8.1 8.2 8.3 Part 9 9.1 9.1A 9.2 9.2A 9.3 9.4 9.5 9.6 9.7 9.8 Part 9A 9A.1 9A.2 9A.3 9A.4 Part 10 Division 1 Subdivision 1 10.1 10.2 Subdivision 2 10.2AA 10.2A 10.2BA 10.2B 10.2C Subdivision 2A 10.2CA Subdivision 3 10.2D Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Unfitness for duty on medical grounds . . . . . . . . . . . . . . . . . . . . 86 Review of decisions Operation of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Relationship with Industrial Relations Act 2016 . . . . . . . . . . . . . 89 Review does not stay decision . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Commissioner for police service reviews . . . . . . . . . . . . . . . . . . 89 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Result of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Effect of rescission of decision . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Protection from liability of commissioners for police service reviews 93 Other protection from liability for a review . . . . . . . . . . . . . . . . . . 93 Police prints Payment for prints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Entitlement to prints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Procedure to obtain print for prescribed purpose . . . . . . . . . . . . 95 What is a prescribed purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Miscellaneous provisions Provisions about information disclosure Information disclosure generally Improper disclosure of information . . . . . . . . . . . . . . . . . . . . . . . 96 Authorisation of disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Criminal history disclosure provisions Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Disclosure of criminal history for employment screening under commercial or other arrangement . . . . . . . . . . . . . . . . . . . . . . . . 98 Disclosure of criminal history to assess suitability of records for s 10.2A purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Disclosure of criminal history for assessing suitability for diversion program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Misuse of information obtained under ss 10.2A–10.2B . . . . . . . . 100 Disclosure provisions about disciplinary information Information about disciplinary action to be given by commissioner 101 Information disclosure by direct data feed Disclosure of information to the media by direct data feed . . . . . 102 Page 5
Not authorised —indicative only Police Service Administration Act 1990 Contents Subdivision 4 10.2E 10.2F Division 1AA 10.2FA 10.2FB 10.2FC 10.2FD 10.2FE 10.2FF 10.2FG Division 1A Subdivision 1 10.2G Subdivision 2 10.2I 10.2J 10.2K 10.2L 10.2M Subdivision 3 10.2N 10.2O Subdivision 4 10.2P 10.2Q 10.2R Division 1B 10.2S 10.2T Other provisions about information disclosure Relationship to other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Declarations about particular information disclosures . . . . . . . . . 103 National identity matching services Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Disclosure of identity information by commissioner . . . . . . . . . . 105 Collection and use of identity information by commissioner . . . . 105 Collection, use and disclosure by host agency . . . . . . . . . . . . . . 106 Disclosure, use or collection must be for permitted purpose . . . . 106 Inconsistency with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Provisions about exchange of policing information Preliminary Definitions for div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Giving of policing information Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes 110 Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes 110 Giving information to Queensland Transport to enable Queensland Transport to administer MINDA . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Giving information to approved agencies to enable use of information for particular purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Commissioner may impose conditions . . . . . . . . . . . . . . . . . . . . 111 Relationship with other provisions Use of information permitted despite other provisions . . . . . . . . 112 Condition imposed under another Act may apply . . . . . . . . . . . . 112 General Misuse of information given under this division . . . . . . . . . . . . . . 113 Extra-territorial application of offence provision . . . . . . . . . . . . . 114 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Provisions about exchange of criminal history for child-related employment screening Definitions for div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Giving criminal history to interstate screening unit or approved agency for child-related employment screening . . . . . . . . . . . . . . . . . . . . . . 115 Page 6
10.2U 10.2V Division 2 10.3 10.4 10.5 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.16 10.17 10.18 10.19 10.20 10.21 10.21A 10.21B 10.21C 10.23 10.24 10.26 10.27 10.28 Part 11 Division 1 11.1 11.2 Division 2 11.3 11.5 Police Service Administration Act 1990 Contents Use of criminal history permitted despite other provisions . . . . . 116 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Other miscellaneous provisions Protection from liability for reports . . . . . . . . . . . . . . . . . . . . . . . . 117 Rejection of frivolous complaints . . . . . . . . . . . . . . . . . . . . . . . . . 118 Civil liability of police officers and others for engaging in conduct in official capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Provision of legal representation . . . . . . . . . . . . . . . . . . . . . . . . . 120 Compensation for injury or death . . . . . . . . . . . . . . . . . . . . . . . . 121 Service and production of documents . . . . . . . . . . . . . . . . . . . . . 121 Police establishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Ownership of official property . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Surrender of equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Vacating of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Charges for police services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Exemption from tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Prohibited use of words suggesting association with police . . . . 127 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Bribery or corruption of officers or staff members . . . . . . . . . . . . 129 False representation causing police investigations . . . . . . . . . . . 130 Unlawful possession of prescribed articles . . . . . . . . . . . . . . . . . 131 Killing or injuring police dogs and police horses . . . . . . . . . . . . . 132 Local laws do not apply in relation to police dogs or horses etc. 132 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Representation in court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Transitional and declaratory provisions Transitional provisions for Police Service Administration Act 1990 Interpretation of certain references . . . . . . . . . . . . . . . . . . . . . . . 136 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Transitional provision to assist in interpretation Relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Declaration about s 5.17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Page 7 Not authorised —indicative only
Not authorised —indicative only Police Service Administration Act 1990 Contents Division 4 11.8 Division 5 11.9 11.11 Division 6 11.12 11.13 11.14 Division 7 11.15 Division 8 11.16 Division 9 11.17 Schedule Transitional and declaratory provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 Former officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Transitional provisions for the State Penalties Enforcement and Other Legislation Amendment Act 2009 Definition for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Exchange of criminal history for child-related employment screening 138 Transitional provisions for Public Service and Other Legislation (Civil Liability) Amendment Act 2014 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Application of ss 10.5 and 10.6 to acts and omissions before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Relationship of s 10.5 if civil liability dealt with by another Act or provision of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Transitional provision for Public Safety Business Agency Act 2014 Application of pt 5AA to particular current employees . . . . . . . . . 140 Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015 Approved agency and law enforcement agency during interim period 141 Transitional provision for Police and Other Legislation (Identity and Biometric Capability) Amendment Act 2018 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . 141 Relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Page 8
Police Service Administration Act 1990 Part 1 Preliminary [s 1.1] Police Service Administration Act 1990 An Act to provide for the Queensland Police Service and its administration Not authorised —indicative only Part 1 Preliminary 1.1 Short title This Act may be cited as the Police Service Administration Act 1990 . 1.2 Commencement (1) Section 1.1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), the provisions of this Act, or such of them as are specified in the proclamation, commence on the day or days appointed by proclamation for commencement of those provisions. 1.3 Objects The objects of this Act are to provide for the following— (a) the maintenance of the Queensland Police Service; (b) the membership of the service; (c) the development and administration of the service. Current as at [Not applicable] Page 9
Not authorised —indicative only Police Service Administration Act 1990 Part 1 Preliminary [s 1.4] 1.4 Definitions In this Act— ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7. alcohol test , for part 5A, see section 5A.2. approved agency (a) for part 10, division 1A—see section 10.2G; or (b) for part 10, division 1B—see section 10.2S. approved form means a form approved by the commissioner for use under this Act. approved information , for part 10, division 1A, see section 10.2G. assistant commissioner means the executive officer holding the rank of assistant commissioner. authorised person , for part 5A, see section 5A.2. breach of discipline means a breach of this Act, the Police Powers and Responsibilities Act 2000 or a direction of the commissioner given under this Act, but does not include misconduct. child-related employment screening , for part 10, division 1B, see section 10.2S. commissioned officer means a person who holds a position in the police service as a commissioned officer. commissioner means the commissioner of the police service. commissioner for police service reviews means a commissioner for police service reviews under section 9.2A. condition , for part 10, division 1A, see section 10.2G. constable means a person who holds a position in the police service as a constable. Page 10 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 1 Preliminary [s 1.4] conviction , for a provision of part 5AA or part 10, division 1B, means a finding of guilt, or the acceptance of a plea of guilty, by a court for an offence— (a) whether or not a conviction is recorded; and (b) whether in Queensland or elsewhere; and (c) whether before or after the commencement of the provision. corrupt conduct see the Crime and Corruption Act 2001 , section 15. criminal history , of a person— (a) for part 5AA and the schedule—see section 5AA.1A; or (b) for part 10, division 1, subdivision 2—see section 10.2AA; or (c) for part 10, division 1A—see section 10.2G; or (d) for part 10, division 1B—see section 10.2S. critical area , for part 5A, see section 5A.2. critical incident , for part 5A, see section 5A.2. dangerous drug , for part 5A, see section 5A.2. declared agency see the Police Powers and Responsibilities Act 2000 , schedule 6. deputy commissioner , for part 5A, see section 5A.2. disciplinary action means action taken for misconduct, corrupt conduct or a breach of discipline. disciplinary declaration (a) for a disciplinary declaration made under a public sector disciplinary law, means— (i) a disciplinary declaration made under— (A) section 7A.2(2); or (B) the Public Service Act 2008 , section 188A(6); or Current as at [Not applicable] Page 11
Not authorised —indicative only Police Service Administration Act 1990 Part 1 Preliminary [s 1.4] (C) the Misconduct Tribunals Act 1997 or QCAT Act; or (ii) a declaration under another public sector disciplinary law that states the disciplinary action that would have been taken against the person if the person’s employment had not ended; or (b) otherwise, means a disciplinary declaration made under section 7A.2(2). disciplinary finding means a finding that a disciplinary ground exists. disciplinary ground means a ground for disciplinary action prescribed under a regulation. end user , for part 10, division 1A, see section 10.2G. engaged by the service see section 5AA.3. evidence , for part 5A, see section 5A.2. executive officer means a person who holds a position in the police service as an executive officer. external service provider , for part 5AA, means a public service employee, or class of public service employee— (a) who is employed or engaged in an entity other than the service; and (b) whose functions include, or may include, performing direct corporate service support for the service that allows the person access to corporate or operational information in the possession of the commissioner; and (c) who is declared by regulation to be an external service provider for this part. face matching services , for part 10, division 1AA, see section 10.2FA. former officer , for part 7A and any reference to a disciplinary declaration, see section 7A.1(1)(b). general alcohol limit , for part 5A, see section 5A.2. Page 12 Current as at [Not applicable]
Police Service Administration Act 1990 Part 1 Preliminary [s 1.4] Not authorised —indicative only handler , of a police dog, means an officer whose duties include handling a police dog. head , for part 10, division 1A, see section10.2G. host agency , for an identity matching service, for part 10, division 1AA, see section 10.2FA. identity document , for part 10, division 1AA, see section 10.2FA. identity information , for part 10, division 1AA, see section 10.2FA. identity matching services , for part 10, division 1AA, see section 10.2FA. industrial authority means the industrial commission or Industrial Court. industrial instrument means an industrial instrument under the Industrial Relations Act 2016 . information , for part 10, division 1AA, see section 10.2FA. interstate screening unit , for part 10, division 1B, see section 10.2S. IPSP , for part 10, division 1A, see section 10.2G. law enforcement agency , for part 10, division 1A, see section 10.2G. law enforcement purpose , for part 10, division 1A, see section 10.2G. low alcohol limit , for part 5A, see section 5A.2. marked print means a print of a photograph, marked in a way that highlights— (a) features or aspects of the subject of the print; or (b) points of similarity between the subject of the print and the subject of another print. medical examination , for part 5A, see section 5A.2. member , for part 10, division 1A, see section10.2G. Current as at [Not applicable] Page 13
Not authorised —indicative only Police Service Administration Act 1990 Part 1 Preliminary [s 1.4] member of the service see section 2.2. MINDA , for part 10, division 1A, see section 10.2G. misconduct means conduct that— (a) is disgraceful, improper or unbecoming an officer; or (b) shows unfitness to be or continue as an officer; or (c) does not meet the standard of conduct the community reasonably expects of a police officer. no alcohol limit , for part 5A, see section 5A.2. noncommissioned officer means a person who holds a position in the police service as a noncommissioned officer. officer means a police officer. operative see section 5A.2. over the limit , for part 5A, see section 5A.2. participating entity , in relation to an identity matching service, for part 10, division 1AA, see section 10.2FA. place means any, or any part of any, land, water, building, structure, vehicle, vessel, aircraft or carriage. police dog means a dog kept by the commissioner for helping police officers perform the duties of police officers. Example— a dog trained as a sniffer dog to help find illegal drugs police horse means a horse kept by the commissioner for use by officers when performing the duties of police officers. police officer means a person declared under section 2.2(2) to be a police officer. police recruit means a person who holds a position in the police service as a police recruit. policing purpose , for part 10, division 1A, see section 10.2G. prescribed responsibility means the responsibility of the commissioner under section 4.8(1). Page 14 Current as at [Not applicable]
Police Service Administration Act 1990 Part 1 Preliminary [s 1.4] Not authorised —indicative only print means a print of a photograph or part of a photograph, and includes a marked print and an audio recording of an interview. PSBA means the Public Safety Business Agency established under the Public Safety Business Agency Act 2014 . PSBA chief operating officer means the chief operating officer of the PSBA. PSBA employee (a) means a person employed in the PSBA; but (b) does not include a seconded officer. public sector disciplinary law means— (a) this Act or any repealed Act regulating police; or (b) the Public Service Act 2008 or any repealed Act regulating the public service; or (c) the Misconduct Tribunals Act 1997 or QCAT Act; or (d) a disciplinary provision of an industrial instrument under the Industrial Relations Act 2016 ; or (e) another Act prescribed under a regulation. public service employee see the Public Service Act 2008 , schedule 4. QPS database means any of the following— (a) the database known as QPRIME; (b) the register of enforcement acts kept under the Police Powers and Responsibilities Act 2000 ; (c) another database kept by or on behalf of the commissioner. Queensland Transport means the department in which the Transport Operations (Road Use Management) Act 1995 is administered. random alcohol test , for part 5A, see section 5A.2. recruit means a police recruit. Current as at [Not applicable] Page 15
Not authorised —indicative only Police Service Administration Act 1990 Part 1 Preliminary [s 1.5] relevant information , about a person, for part 5AA, means information about the person of a kind mentioned in the schedule for the person. relevant person , for part 5A, see section 5A.3. relevant PSBA employee , for part 5A, see section 5A.2. seconded officer means an officer— (a) on a secondment from the service to the PSBA under section 5.13C(1)(a); or (b) performing work for the PSBA under a work performance arrangement under section 5.13C(1)(b). service means the police service. special constable means a person who holds a position as a special constable. staff member means a person who is a staff member of the police service under section 2.5(1). targeted substance , for part 5A, see section 5A.2. targeted substance test , for part 5A, see section 5A.2. transfer of a police officer to a position has the meaning given by section 5.2(1). use , for part 10, division 1A, see section10.2G. watch-house officer see section 4.9(6). 1.5 Meaning of tenure not limited by time A person is appointed to a position on a tenure not limited by time if the appointment does not specify an appointment period. 1.6 Notes in text A note in the text of this Act is part of the Act. Page 16 Current as at [Not applicable]
Part 2 Police Service Administration Act 1990 Part 2 Queensland Police Service [s 2.1] Queensland Police Service Not authorised —indicative only 2.1 Maintenance of service There is to be maintained at all times in the State a body of persons under the name and style ‘Queensland Police Service’. 2.2 Membership of service (1) The Queensland Police Service consists of police officers, police recruits and staff members. (2) Police officers are— (a) the commissioner of the police service; (b) the persons holding appointment as an executive police officer; (c) the persons holding appointment as a commissioned police officer; (d) the persons holding appointment as a noncommissioned police officer; (e) the persons holding appointment as a constable. 2.3 Functions of service The functions of the police service are the following— (a) the preservation of peace and good order— (i) in all areas of the State; and (ii) in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands; (b) the protection of all communities in the State and all members thereof— (i) from unlawful disruption of peace and good order that results, or is likely to result, from— Current as at [Not applicable] Page 17
Not authorised —indicative only Police Service Administration Act 1990 Part 2 Queensland Police Service [s 2.3A] (A) actions of criminal offenders; (B) actions or omissions of other persons; (ii) from commission of offences against the law generally; (c) the prevention of crime; (d) the detection of offenders and bringing of offenders to justice; (e) the upholding of the law generally; (f) the administration, in a responsible, fair and efficient manner and subject to due process of law and directions of the commissioner, of— (i) the provisions of the Criminal Code; (ii) the provisions of all other Acts or laws for the time being committed to the responsibility of the service; (iii) the powers, duties and discretions prescribed for officers by any Act; (g) the provision of the services, and the rendering of help reasonably sought, in an emergency or otherwise, as are— (i) required of officers under any Act or law or the reasonable expectations of the community; or (ii) reasonably sought of officers by members of the community. 2.3A Presence of police officers at fire or chemical incident (1) On receiving information of the occurrence of an incident requiring the attendance of fire authority officers, the commissioner or the police officer in charge, at the time, of the police station nearest to the location of the incident must immediately send as many police officers as are considered necessary to preserve order and to help at the incident. (2) In this section— Page 18 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 2 Queensland Police Service [s 2.4] fire authority officer means a fire service officer under the Fire and Emergency Services Act 1990 . incident means— (a) a fire; or (b) a chemical incident under the Fire and Emergency Services Act 1990 . 2.4 Community responsibility preserved (1) The prescription of any function as one of the functions of the police service does not relieve or derogate from the responsibility and functions appropriately had by the community at large and the members thereof in relation to— (a) the preservation of peace and good order; and (b) the prevention, detection and punishment of breaches of the law. (2) In performance of the functions of the police service, members of the service are to act in partnership with the community at large to the extent compatible with efficient and proper performance of those functions. 2.5 Administration of staff members (1) Staff members are— (a) officers of the public service assigned to perform duties in the police service; and (b) persons appointed as staff members by the commissioner under— (i) section 8.3(5); or (ii) the Public Service Act 2008 , chapter 5, part 5. (2) While performing duties in the service, a staff member is subject to the commissioner’s directions. Current as at [Not applicable] Page 19
Not authorised —indicative only Police Service Administration Act 1990 Part 3 Police officers’ powers and duties related to those of constable [s 2.5A] 2.5A Officers etc. employed under this Act The following persons are to be employed under this Act, and not under the Public Service Act 2008 (a) a police officer, police recruit or special constable; or (b) a staff member mentioned in section 8.3(5). Part 3 Police officers’ powers and duties related to those of constable 3.1 Meaning of officer in part In this part— officer includes a special constable. 3.2 Relation to office of constable (1) Subject to section 7.1 where it applies, in performance of the duties of office, an officer is subject to the directions and orders of the commissioner and to the orders of any superior officer. (2) A noncommissioned officer or a constable has and may exercise the powers, and has and is to perform the duties of a constable at common law or under any other Act or law. (3) An officer other than one referred to in subsection (2) has and may exercise the powers of a constable at common law or under any other Act or law. (4) Except as prescribed by this section and section 6.4, this Act does not, in relation to any officer, derogate from the powers, obligations and liabilities of a constable at common law or under any other Act or law. Page 20 Current as at [Not applicable]
Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 3.3] 3.3 Oath of office Before a person begins to perform duty as an officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation. Not authorised —indicative only 3.4 Proof of office If a question arises as to a person’s identity as an officer, or to a person’s entitlement to exercise the powers or to perform the duties of an officer— (a) the general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and (b) the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer. 3.7 Termination of powers Powers had by a person as an officer terminate immediately on the person ceasing, by whatever means, to be an officer. Part 4 Commissioner of the Queensland Police Service 4.1 Establishment of office There is hereby established the office of the commissioner of the police service. 4.2 Appointment (1) The Governor in Council may, on a recommendation agreed to by the chairperson of the Crime and Corruption Current as at [Not applicable] Page 21
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.3] Commission, appoint an appropriate person as commissioner of the police service. (2) The appointment is to be made by gazette notice. 4.3 Conditions of appointment (1) The conditions on which an appointment as commissioner is held— (a) are such as are for the time being agreed by the Minister and the chairperson of the Crime and Corruption Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (2) If an offer of a contract of employment as commissioner on conditions in writing agreed to by the chairperson of the Crime and Corruption Commission and approved by the Governor in Council in relation to the appointment, is made to a person before that person’s appointment as commissioner, the person, on accepting appointment as commissioner, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 4.4 Term of appointment The commissioner is to be appointed for a term not less than 3 years or more than 5 years. Page 22 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.5] 4.5 Removal and suspension of commissioner (1) The office of the commissioner becomes vacant if the commissioner— (a) dies; or (b) resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or (c) is removed from office in accordance with this section. (2) The commissioner may be removed from office pursuant to the contract that governs the commissioner’s employment or if the commissioner has breached the contract of employment. (3) Additional grounds on which the commissioner may be removed from office are the following— (a) incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; (b) incompetence in performing, or neglect of the duties of office; (c) a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal; (d) conviction in the State of an indictable offence (whether on indictment or summarily); (e) imprisonment for any offence. (4) If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by— (a) the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or (b) in default of exercise of the authority conferred by paragraph (a), the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office. Current as at [Not applicable] Page 23
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.6] (5) If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3)(d), the Governor in Council may suspend the commissioner from office. (6) If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4). 4.6 Communications between Minister and commissioner (1) The commissioner— (a) is to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and (b) may at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service. (2) The Minister, having regard to advice of the commissioner first obtained, may give, in writing, directions to the commissioner concerning— (a) the overall administration, management, and superintendence of, or in the police service; and (b) policy and priorities to be pursued in performing the functions of the police service; and (c) the number and deployment of officers and staff members and the number and location of police establishments and police stations. (3) The commissioner is to comply with all directions duly given under subsection (2). Page 24 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.7] 4.7 Recording and publication of communications (1) The commissioner is to keep a register in which are to be recorded— (a) all reports and recommendations made to the Minister under section 4.6(1)(a); and (b) all directions given in writing to the commissioner under section 4.6(2); and (c) all reasons tabled by the Minister under the Crime and Corruption Act 2001 , section 64. (2) Within 28 days following 31 December in each year, the commissioner is to have prepared a copy of the register, which copy, being certified by the commissioner as a true copy of the register, is to be furnished forthwith to the chairperson of the Crime and Corruption Commission, with or without comment of the commissioner. (3) Within 28 days following receipt of the certified copy of the register, the chairperson is to give the copy together with comments of the commissioner relating thereto, and with or without further comment of the chairperson, to the chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly. (4) The chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly is to table in the Legislative Assembly— (a) the certified copy of the register; and (b) all comment relating thereto; within 14 sitting days after the chairperson’s receipt thereof. 4.8 Commissioner’s responsibility (1) The commissioner is responsible for the efficient and proper administration, management and functioning of the police service in accordance with law. (2) Without limiting subsection (1), a regulation may prescribe— Current as at [Not applicable] Page 25
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.9] (a) particular matters within the scope of the prescribed responsibility; or (b) additional responsibilities of the commissioner. (3) The commissioner is authorised to do, or cause to be done, all such lawful acts and things as the commissioner considers to be necessary or convenient for the efficient and proper discharge of the prescribed responsibility. (4) In discharging the prescribed responsibility, the commissioner— (a) is to comply with all relevant industrial instruments and determinations and rules made by an industrial authority; and (b) subject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and (c) is to have regard to section 4.6 and ministerial directions duly given thereunder; and (d) is to discharge the responsibility in relation to such matters as are prescribed for the time being. 4.9 Commissioner’s directions (1) In discharging the prescribed responsibility, the commissioner may give, and cause to be issued, to officers, staff members or police recruits, such directions, written or oral, general or particular as the commissioner considers necessary or convenient for the efficient and proper functioning of the police service. (2) A direction of the commissioner is of no effect to the extent that it is inconsistent with this Act. (3) Subject to subsection (2), every officer or staff member to whom a direction of the commissioner is addressed is to comply in all respects with the direction. Page 26 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.10] (4) A direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers. (5) In all proceedings— (a) a document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and (b) a direction under subsection (1) is to be taken as effectual until the contrary is proved. (6) In this section— watch-house officer means a staff member who is appointed by the commissioner to be a watch-house officer. 4.10 Delegation (1) The commissioner may delegate powers of the commissioner under this Act or any other Act to any of the following— (a) a police officer; (b) a staff member; (c) the PSBA chief operating officer; (d) the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; (e) the commissioner of the Queensland Fire and Emergency Service; (f) an appropriately qualified person employed in— (i) the PSBA; or (ii) the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; or (iii) the Queensland Fire and Emergency Service. Current as at [Not applicable] Page 27
Not authorised —indicative only Police Service Administration Act 1990 Part 4 Commissioner of the Queensland Police Service [s 4.11] (2) Without limiting subsection (1), the commissioner may also, under subsection (1), delegate powers of the commissioner to discharge the prescribed responsibility. (3) A delegation of a power of the commissioner may permit the subdelegation of the power to another person mentioned in subsection (1). 4.11 Acting as commissioner (1) The Minister may appoint an appropriate person to act as commissioner— (a) whenever there is a vacancy in the office of commissioner; or (b) during a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity. (2) The commissioner may appoint an appropriate person to act as commissioner during another period when the commissioner is absent from duty or can not perform the duties of the office. (3) The remuneration payable to a person who acts as commissioner must not be more than the remuneration payable to the commissioner. 4.12 Commissioner’s official seal (1) The commissioner has an official seal. (2) All courts and persons acting judicially are to take judicial notice of the following— (a) the signature of the commissioner or any person who at any time was the commissioner; (b) the fact that the commissioner has, or any such person had, an official seal; (c) the official seal of the commissioner or any such person; Page 28 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.1] if the signature or seal appears on a document made for the purposes of judicial proceedings or on a document purporting, or seeming, to have been made for the purposes of this Act. Part 5 Appointment of personnel Division 1 Officers and other police personnel 5.1 Ranks The ranks of officers are those declared for the time being by the regulations. 5.2 Appointment to be on merit on impartial procedures (1) In this section— transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary. (2) A decision to appoint a person as a police recruit or to a police officer position must be made by fair and equitable procedures that— (a) include inviting applications and selection on the basis of the merit of applicants; and (b) prevent unjust discrimination, whether in favour of or against a person. (3) However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2)(a). (4) Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer. Current as at [Not applicable] Page 29
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.3] (5) For the purposes of this section merit of an officer comprises— (a) the integrity, diligence and good conduct of the officer; and (b) the potential of the officer to discharge the duties of the position in question; and (c) the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and (d) the physical and mental fitness of the officer to perform the duties of the position in question. (6) For the purpose of determining the potential of an officer to discharge the duties of a position the following factors must be taken into account— (a) the performance of duties of office in the course of the officer’s career; (b) the range of practical experience of the officer in the service or outside the service; (c) the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position in question; (d) any relevant academic, professional or trade qualifications of the officer. 5.3 Executive officers (1) The Governor in Council may appoint as executive officers such persons as are recommended by the commissioner for appointment. (2) The number of positions as executive officer is to be such as is, for the time being, necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility and is recommended by the commissioner. Page 30 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.4] 5.4 Conditions of employment (1) An appointment to a position as executive officer, including by way of promotion, is to be on the basis of full-time employment. (2) The conditions on which an appointment as executive officer is held— (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (3) If an offer of a contract of employment as an executive officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as executive officer, the person, on accepting appointment as executive officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.5 Acting as executive officer (1) The commissioner may appoint an appropriate person to act as executive officer during— (a) any vacancy, or all vacancies, in the office of executive officer; or (b) any period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office. Current as at [Not applicable] Page 31
Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.6] (2) The remuneration payable to a person who acts as an executive officer must not be more than the remuneration payable to the executive officer. Not authorised —indicative only 5.6 Other appointments The commissioner may appoint such number of persons to be commissioned officers, noncommissioned officers, constables or police recruits as is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility. 5.7 Conditions of employment of commissioned officers (1) Appointment to a position as a commissioned officer, including by way of promotion— (a) if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or (b) in the case of any other position—is to be on the basis of full-time employment. (2) A person— (a) is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure that is not limited by time, if the position is not one referred to in paragraph (b) or (c); (b) if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure; (c) if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— (i) upon a tenure that is not limited by time; or (ii) for a limited duration of tenure. Page 32 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.8] (3) The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis— (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (4) If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.8 Acting as commissioned officer (1) The commissioner may appoint an appropriate person to act as a commissioned officer during— (a) any vacancy, or all vacancies, in the office of commissioned officer; or (b) any period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office. (2) The remuneration payable to a person who acts as a commissioned officer must not be more than the remuneration payable to a person appointed to the office. (3) While a person acts as a commissioned officer, the person is relieved of the duties of a constable at common law or under any Act or law. Current as at [Not applicable] Page 33
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.9] 5.9 Conditions of employment of noncommissioned officers and constables (1) Appointment to a position as a noncommissioned officer or constable, including by way of promotion— (a) is to be on the basis of full-time employment, if the position is not one referred to in paragraph (b); (b) if the position is prescribed as one, or one of a class, open to appointment on a part-time basis—may be on the basis of part-time employment. (2) A person— (a) is to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure that is not limited by time, if the position is not one referred to in paragraph (b); (b) if the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure— may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure. 5.10 Officer’s election on termination of certain appointments (1) If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because— (a) the contract or tenure has expired and has not been renewed; or (b) the contract or tenure is terminated otherwise than by reason of— (i) the officer’s resignation from the service or retirement from the service; or (ii) disciplinary action against the officer; and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) Page 34 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.10] Not authorised —indicative only that person is entitled to elect to continue as an officer in accordance with this section. (2) The requirements referred to in subsection (1) are— (a) the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; (b) the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous. (3) If a person makes an election under subsection (1), the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1), or a rank prescribed for the time being to be equivalent to that rank. (4) If a person makes an election under subsection (1), the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1). (5) An election made under subsection (1)— (a) must be made in writing signed by the elector and given to the commissioner within 14 days following— (i) expiry of the contract or tenure in question; or (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and (b) when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section. (6) If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords Current as at [Not applicable] Page 35
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.11] with the requirements of the regulations, and subsection (5)(b) has operation subject to this subsection. 5.11 Conditions of employment of police recruits (1) The conditions of employment of a police recruit— (a) are as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and (c) are not subject to any industrial instrument or any determination or rule of an industrial authority. (2) If an offer of a contract of employment as a police recruit on conditions in writing approved by the commissioner in relation to the appointment, including the grounds on which the employment may be continued and discontinued, is made to a person before that person’s appointment as a recruit, the person, on accepting appointment as a recruit, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made. 5.12 Appointment on probation (1) This section does not apply in relation to an appointment as an officer made on a contract basis. (2) An appointment as an officer of a person who was not an officer immediately before the appointment is an appointment on probation— (a) for a period not less than 12 months determined by the commissioner; or (b) in the absence of such a determination, for a period of 12 months. Page 36 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.12] Not authorised —indicative only (3) Unless the position as an officer is advertised in the Queensland Police Gazette as one to which appointment is to be made without a period of probation, an appointment of an officer to a position on promotion is an appointment on probation— (a) for a period not less than 6 months determined by the commissioner; or (b) in the absence of such a determination—for a period of 6 months. (4) The commissioner may— (a) in respect of an appointee referred to in subsection (2)— (i) at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or (b) in respect of an appointee referred to in subsection (3) whose appointment is on probation— (i) at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment. (5) If an appointment is terminated under subsection (4)(b), the person who was the appointee is to be retained in employment as an officer at a level of salary not less than the level of salary of the person immediately before the appointment that is terminated until— (a) the person is appointed to another position in the service; or (b) the person is otherwise dealt with under this Act. Current as at [Not applicable] Page 37
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.13] 5.13 Officer not to refuse transfer, but may object (1) A police officer who is transferred to a position must accept the transfer, even if the officer has not applied for it. (2) However, if the officer did not apply for the transfer, the officer may— (a) object to the transfer under section 5.13A; or (b) apply for a review of the transfer under section 9.3. 5.13A Objection to transfer (1) If a police officer is transferred to a position without applying for the transfer, the officer may object to the transfer by giving the commissioner written reasons for the objection within 14 days of receiving written notice of the transfer. (2) The commissioner may allow or reject the objection. (3) If the commissioner allows the objection, the transfer stops having effect. (4) If the commissioner rejects the objection, the commissioner must give the officer written reasons for the rejection. (5) This section— (a) does not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review ); but (b) does limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review. (6) If an officer objects to a transfer under this section, the time allowed by regulation for an application for a transfer review does not start to be counted until the day the commissioner gives the officer written reasons under subsection (4). (7) If an officer applies for a transfer review, the officer can not start or proceed further with an objection under this section. Page 38 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.13B] 5.13B Delay in attendance for duty on directed transfer to allow for objection and review (1) If a police officer is transferred to a position, the commissioner can not direct the officer to attend for duty in the position until— (a) after the time allowed for an objection under section 5.13A(1) has ended; and (b) if the officer objects to the transfer—the commissioner decides the objection. (2) If— (a) the officer objects to the transfer under section 5.13; and (b) the commissioner rejects the objection; the commissioner can not direct the police officer to attend for duty until after the time allowed by regulation for an application to a commissioner for police service reviews for a review of the transfer has ended. (3) Despite section 9.2, if the officer applies to a commissioner for police service reviews for a review of the transfer, the commissioner can not direct the officer to attend for duty— (a) if the officer then withdraws the application—until at least 14 days after the withdrawal; or (b) if the officer does not withdraw the application and the commissioner decides under section 9.5 to proceed with the transfer—until at least 14 days after the day the officer receives written notice of the commissioner’s decision. (4) This section does not limit the commissioner’s powers to direct an officer to attend for duty in a position in circumstances the commissioner considers are urgent. 5.13C Secondment etc. of officers to PSBA (1) The commissioner may enter into an arrangement with the PSBA chief operating officer— Current as at [Not applicable] Page 39
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.14] (a) for the services of an officer to be made available to the PSBA (a secondment ); or (b) under which an officer performs work for the PSBA (a work performance arrangement ). Note— For a secondment of, or work performance arrangement for, a person appointed to a position under section 8.3(5), see section 8.3(6A). (2) An officer on secondment to the PSBA, or providing services or performing work for the PSBA under a work performance arrangement— (a) is subject to the direction and control of the PSBA chief operating officer to the extent the officer is providing services or performing work for the PSBA; but (b) otherwise continues to be a officer for all purposes and to have the functions, powers and responsibilities of an officer. 5.14 Calculation of continuous service as officer (1) For the purpose of calculating continuous service of an officer, continuous service had by a person— (a) as an officer; and (b) as the holder of any prescribed office, offices or class of office under the Crown in any of its capacities; where the service had as an officer and the service had as such holder are themselves continuous, are to be taken to constitute continuous service as an officer. (2) A person who has continuous service as an officer pursuant to subsection (1), while the person continues as an officer, retains and may claim against the Crown in right of the State in respect of all benefits and entitlements that have accrued to the person throughout the continuous service. (3) If the regulations prescribe requirements to be met, if service of an officer is to be taken as continuous, service or services referred to in this section is, or are, not continuous unless it Page 40 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.15] accords, or they accord, with the regulations, and subsection (1) has operation subject to this subsection. 5.15 Officer as employee of Crown An officer, other than one who holds appointment on a contract basis, is taken— (a) to be an employee of the Crown; and (b) to be within the application of the Industrial Relations Act 2016 to employees of the Crown as provided by that Act. 5.16 Special constables (1) The commissioner may, in writing, appoint on such terms and conditions as the commissioner thinks fit such number of persons to be special constables as, in the commissioner’s opinion, is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility. (2) A special constable— (a) is not an employee of the Crown in right of the State or of the commissioner; (b) is not entitled to salary, allowances or other remuneration, except as provided for in the special constable’s instrument of appointment; (c) has, during the continuance of the appointment as such, the powers and duties of an officer as specified in the special constable’s instrument of appointment, and no other. (3) Subject to subsection (2), such of the provisions of this Act relating to officers as may be reasonably applied to special constables so apply, as if a special constable were an officer. Current as at [Not applicable] Page 41
Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.17] Not authorised —indicative only 5.17 Authorisation of non-State police officers (1) This section applies if the commissioner reasonably believes— (a) a terrorist act has been committed or there is an imminent threat of a terrorist act; and (b) the help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and (c) it is impracticable in the circumstances to appoint the officer as a special constable. (2) The commissioner may authorise the non-State police officer to exercise the powers of a police officer under the Police Powers and Responsibilities Act 2000 (the Police Act ). (3) The authorisation must name the non-State police officer. (4) The authorisation— (a) may be limited to stated powers; and (b) may be limited to a stated time; and (c) may be given on conditions. (5) The authorisation may be given orally or in writing but, if given orally, must be put in writing as soon as reasonably practicable. (6) A failure to put the authorisation in writing does not invalidate the authorisation or anything done under the authorisation. (7) While the authorisation is in force, the non-State police officer may exercise the powers only— (a) in accordance with the authorisation; and (b) subject to the directions of the commissioner or another State police officer. (8) The Police Act applies to the non-State police officer, in relation to the exercise of the powers, as if the officer were a State police officer. Page 42 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.17] Not authorised —indicative only (9) The commissioner must ensure that, as soon as practicable after the authorisation is given, the non-State police officer is given an appropriate explanation of the officer’s powers and responsibilities under the Police Act. (10) Part 10 applies to the non-State police officer as if the officer were a State police officer. (11) The commissioner must revoke the authorisation as soon as the commissioner is satisfied the non-State police officer’s help is no longer needed. (12) The revocation may be made orally or in writing but, if made orally, must be put in writing as soon as reasonably practicable. (13) A failure to put the revocation in writing does not invalidate the revocation. (14) The commissioner may only delegate the commissioner’s authorisation power to a State police officer of the rank of at least assistant commissioner. (15) The commissioner must include, in the annual report for a financial year, the following information about any authorisations made under this section during the financial year relating to a terrorist act or threat— (a) the nature of the act or threat; (b) the number of non-State police officers authorised and the police force or service of which they were members; (c) when the authorisations started and ended; (d) the functions performed by the officers; (e) the results of the authorisations, including benefits and problems. (16) This section does not purport to confer a duty on a federal police officer to perform a function, or to exercise a power, if the conferral of the duty would be beyond the legislative power of the Parliament of the State. (17) In this section— Current as at [Not applicable] Page 43
Not authorised —indicative only Police Service Administration Act 1990 Part 5 Appointment of personnel [s 5.18] authorisation power means the power to give or revoke an authorisation under this section. federal police officer means a member of the Australian Federal Police. non-State police officer means a police officer of a police force or service of another State or a federal police officer. State police officer means a police officer of the Queensland Police Service. terrorist act see the Police Powers and Responsibilities Act 2000 , section 211. Division 2 Watch-house officers 5.18 Appointment of watch-house officers (1) This section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer. (2) The commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer. (3) A person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person— (a) has completed a course of training approved by the commissioner for the purpose; or (b) possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer. Note— Staff members are appointed under the Public Service Act 2008 or section 8.3(5) and are not police officers. Also, this section does not affect the powers of the commissioner to appoint watch-house Page 44 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.1] managers. For the definition watch-house manager , see the Police Powers and Responsibilities Act 2000 , schedule 6. Not authorised —indicative only Part 5A Alcohol and drug tests Division 1 General 5A.1 Object of pt 5A The objects of this part are— (a) to ensure appropriate steps are taken in the interests of the health and welfare of relevant persons; and (b) to enhance the public’s confidence in the service and the integrity of the service in which relevant persons, including persons who are not members of the service, perform functions associated with, or ancillary to, the functions of the service. 5A.2 Definitions for pt 5A In this part— alcohol test means a test for deciding whether a relevant person is over the limit applying to the person when the test is conducted. analyst means a person who, under section 5A.4A, is appointed as an analyst. authorised person means— (a) in all cases—the commissioner or deputy commissioner; or (b) for an alcohol test or a random alcohol test— (i) if the person to be tested is a police recruit, staff member or relevant PSBA employee—a commissioned officer; or Current as at [Not applicable] Page 45
Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.2] Not authorised —indicative only Page 46 (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or (c) for periodic testing of an operative— (i) the assistant commissioner; or (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or (d) for a test to be conducted because of section 5A.8(c)— (i) if the person to be tested is a police recruit, staff member or relevant PSBA employee—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or (e) for section 5A.10 or section 5A.14— (i) if the person to be tested is a police recruit, staff member or relevant PSBA employee—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested. critical area means any of the following in which a police recruit, staff member or relevant PSBA employee performs functions for the police service— (a) a communications centre; (b) a driver training facility; (c) a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000 , chapter 21, part 4; (d) a magazine used for storing explosives; Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.2] (e) a police armoury or weapons collection facility; (f) a property point as defined under the Police Powers and Responsibilities Act 2000 ; (g) a watch-house; (h) a weapons training facility; (i) the unit known as the police air wing; (j) a place prescribed under a regulation as a critical area. critical incident means— (a) an incident in which it was necessary for an officer on duty to discharge a firearm in circumstances that caused or could have caused injury to a person; or (b) a death of a person in custody; or (c) either of the following in which a person dies or because of which a person is admitted to hospital for treatment of injuries— (i) a vehicle pursuit; (ii) a workplace incident at a police station or police establishment. dangerous drug means a dangerous drug under the Drugs Misuse Act 1986 . deputy commissioner means the executive officer holding rank as deputy commissioner. evidence , of a targeted substance in a person’s urine, includes evidence of the presence of the following in the person’s urine— (a) a targeted substance; (b) a substance that is used in a targeted substance; (c) a metabolite of a targeted substance. general alcohol limit means the general alcohol limit under section 5A.6(1)(c). Current as at [Not applicable] Page 47
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.3] low alcohol limit means the low alcohol limit under section 5A.6(1)(b). medical examination includes medical assessment and test, whether physical or mental. no alcohol limit means the no alcohol limit under section 5A.6(1)(a). operative means a police officer who is— (a) a participant in an authorised operation under the Police Powers and Responsibilities Act 2000 , chapter 11; or (b) a covert operative for a controlled operation under the Crime and Corruption Act 2001 , chapter 3, part 6A. over the limit , in relation to a relevant person, means the person is over the general alcohol limit, the low alcohol limit or the no alcohol limit applying to the person. random alcohol test means an alcohol test conducted under section 5A.9. relevant person see section 5A.3. relevant PSBA employee means a PSBA employee whose duties include performing functions— (a) in a critical area; or (b) prescribed by regulation. targeted substance means— (a) a dangerous drug; or (b) another substance mentioned in section 5A.4(c) or (d). targeted substance test means a test for deciding whether a relevant person has evidence of a targeted substance in the person’s urine. 5A.3 Persons to whom pt 5A applies (1) This part, other than to the extent specified in section 5A.21A, applies only to a person ( relevant person ) who is— Page 48 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.4] (a) an officer, whether or not the officer is a seconded officer; or (b) a staff member whose duties include performing functions in a critical area; or (c) a watch-house officer; or (d) a police radio and electronics technician; or (e) a recruit; or (f) a relevant PSBA employee. (2) However, for subsection (1)(b) and (f), if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member or relevant PSBA employee only if the member or employee is a driver, instructor or mechanic at the facility. 5A.4 Substances to which pt 5A applies This part applies only in relation to the following substances— (a) alcohol; (b) a dangerous drug; (c) a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 that may impair a person’s physical or mental capacity; (d) another substance that may impair a person’s physical or mental capacity. 5A.4A Analysts The Minister may, by gazette notice, appoint as an analyst for this part, a person the Minister is satisfied has appropriate qualifications, standing and experience to be an analyst for this part. Current as at [Not applicable] Page 49
Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.5] 5A.5 Part does not affect other powers This part does not affect the commissioner’s powers under section 8.3. Not authorised —indicative only Division 2 Provisions about alcohol testing 5A.6 When is a person over the limit (1) For this part— (a) a person is over the no alcohol limit if the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; (b) a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath; (c) a person is over the general alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.05g of alcohol in 210L of breath. (2) For this Act, the concentration of alcohol in a person’s breath may be expressed as— (a) a specified number of grams of alcohol in 210L of breath; or (b) a specified number of grams in 210L. Example for subsection (2)— The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L. 5A.7 Alcohol limits (1) A relevant person must be under the low alcohol limit— (a) when reporting for duty for a rostered shift; or (b) while on duty for a rostered shift; or (c) while on call on a rotational basis for duty. Page 50 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.8] (2) Also, a relevant person must be under the general alcohol limit when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than 1 or 2 officers are permanently stationed. (3) However, if the relevant person is a member of the special emergency response team, the person must not be over the no alcohol limit when reporting for duty, while on duty, or while on call on a rotational basis. (4) This section does not apply to a relevant person who is a police officer to the extent it prevents the person consuming alcohol while performing duties under an exemption under section 5A.9(4). 5A.8 Circumstances for alcohol testing An authorised person may require a relevant person to submit to an alcohol test if— (a) the person has been involved in a critical incident; or (b) the test is authorised under section 5A.9; or (c) an authorised person reasonably suspects the person is contravening or has contravened section 5A.7; or (d) for an officer who is an applicant to become an operative, the person is required to undergo a medical examination for deciding the person’s suitability to be an operative. 5A.9 Random alcohol testing (1) An authorised person may require a relevant person to submit to a random alcohol test. (2) However, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test— (a) only with the written approval of the commissioner or deputy commissioner; or Current as at [Not applicable] Page 51
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.10] (b) only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner. (3) For subsection (2)(b), a regulation may prescribe the criteria for deciding— (a) when and where a random alcohol test may be conducted; and (b) when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner. (4) Also, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances. Examples— 1 The relevant person may be an operative. 2 The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance. (5) The power to approve random alcohol testing under this section can not be delegated. 5A.10 Providing specimen of breath for alcohol test or random alcohol test (1) If a relevant person is required to submit to an alcohol test or a random alcohol test under this part, an authorised person may require the relevant person to provide a specimen of breath for the test. (2) The authorised person may require the relevant person to provide the specimen to the authorised person’s satisfaction. (3) The relevant person must comply with a requirement under subsection (2). (4) The authorised person must perform the test— Page 52 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.11] (a) using an instrument approved by the commissioner for the purpose; and (b) in accordance with the manufacturer’s instructions for use of the instrument. Not authorised —indicative only 5A.11 Failure to provide specimen of breath A relevant person who fails to provide a specimen of breath as required is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the person when the failure happened. Division 3 Provisions about drug testing 5A.12 Targeted substance levels (1) A relevant person must not have evidence of a dangerous drug present in the person’s urine at any time. (2) A relevant person, who is lawfully taking a targeted substance mentioned in section 5A.4(c) or (d), must not perform duties in or involving an operational capacity or critical area if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else. (3) A relevant person must not have present in the person’s urine— (a) evidence of a targeted substance mentioned in section 5A.4(c) that the person may not lawfully take; or (b) evidence of having taken a targeted substance mentioned in section 5A.4(c) or (d) in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance. 5A.13 Circumstances for targeted substance testing (1) An authorised person may require a relevant person to submit to a targeted substance test if— Current as at [Not applicable] Page 53
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.14] (a) the relevant person— (i) has been involved in a critical incident; or (ii) is an operative; or (iii) is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or (b) an authorised person reasonably suspects the relevant person is contravening or has contravened section 5A.12. (2) Also, an authorised person may require a person who has been notified of the person’s appointment as a recruit to submit to a targeted substance test before the person starts the training necessary to become an officer. 5A.14 Providing specimen for targeted substance test (1) An authorised person may require a relevant person to provide a specimen of urine to a doctor or registered nurse for a targeted substance test at a place and time specified by the authorised person. (2) If the specimen is required because of section 5A.13(1)(a)(i), the requirement must be made, and the specimen provided, as soon as reasonably practicable after the critical incident happened. (3) A doctor or registered nurse may give reasonably necessary directions to the relevant person about how the specimen is to be provided and providing a sufficient specimen for testing. (4) However, a direction given under subsection (3) must not be inconsistent with any requirements about the collection of urine specimens prescribed under a regulation for this section. (5) Subject to subsection (4), the relevant person must provide the specimen in accordance with the directions of a doctor or a registered nurse. Page 54 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.15] (6) If the relevant person acts in accordance with the directions of the doctor or registered nurse but has a reasonable excuse, because of a medical condition, for being unable to provide a specimen of urine— (a) the person does not contravene subsection (5); and (b) the failure to provide the specimen is not to be taken as a positive test for this part. (7) As soon as practicable after a specimen of urine has been obtained under this section, the specimen must be dealt with in the way prescribed under a regulation for this section. (8) In this section— registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession, other than as a student; and Editor's note— Paragraph (a) is an uncommenced amendment—see 2017 Act No. 32 s 87(2) sch 1 pt 2. (b) in the registered nurses division of that profession. 5A.15 Effect of failure to provide specimen of urine A relevant person who fails to provide a specimen of urine is taken, unless section 5A.14(6) applies to the person, to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s urine. Division 4 What happens if a test result is positive 5A.16 If alcohol or targeted substance test positive (1) This section applies if a test conducted under this part shows a relevant person, when tested— Current as at [Not applicable] Page 55
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.16] (a) was over the limit applying to the person when the test was conducted; or (b) had evidence of a targeted substance in the person’s urine. (2) The commissioner may do any 1 or more of the following— (a) suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine; (b) correct the relevant person by way of guidance; (c) require the relevant person to undergo counselling or rehabilitation approved by the commissioner; (d) require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties; (e) after considering a report of a government medical officer about a medical examination under paragraph (d), direct the relevant person to perform other duties for the time the commissioner considers necessary; (f) take disciplinary or other action against the relevant person under whichever of the following is relevant— (i) this Act; (ii) the Public Service Act 2008 ; (g) require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. Example of other action for paragraph (f)— action that may be taken under section 6.1 (3) Subsection (2)(a), (b), (c) and (f) do not apply to a targeted substance mentioned in section 5A.12(2). (4) A relevant person directed to perform other duties under subsection (2)(e) is entitled to be paid salary and allowances Page 56 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.17] at the rate at which the person would have been paid had the person not been directed to perform the other duties. (5) A government medical officer who prepares a report about a medical examination of a relevant person may give the report to the commissioner. Not authorised —indicative only 5A.17 Effect of failure to comply (1) This section applies if a relevant person— (a) fails to attend or complete counselling or rehabilitation under a requirement under section 5A.16(2)(c); or (b) fails to attend a government medical officer for medical examination under a requirement under section 5A.16(2)(d). (2) The commissioner may take disciplinary action against the person under whichever of the following is relevant— (a) this Act; (b) the Public Service Act 2008 . Division 5 General 5A.18 Giving requirements A requirement under this part may be given orally or in writing or by any form of electronic communication. 5A.19 Interfering with specimens A person must not unlawfully interfere with a specimen of breath or urine provided under this part. Maximum penalty—100 penalty units. 5A.20 Test result evidence generally inadmissible (1) Evidence of— Current as at [Not applicable] Page 57
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.20] (a) anything done under this part; and (b) the result of any test conducted under this part; is inadmissible in a civil or criminal proceeding before a court. (2) Without limiting subsection (1), evidence of any of the following is inadmissible in a civil or criminal proceeding before a court— (a) an approval given to conduct a random alcohol test; (b) a requirement made under division 2, 3 or 4; (c) a direction given by a person under division 3; (d) a disclosure made or an agreement entered into under section 5A.21A. (3) Also, the commissioner and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing. (4) This section does not apply to— (a) a proceeding for a charge of an offence arising from a critical incident; or (b) an inquest in a Coroners Court into the death of a person in a critical incident; or (c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal. (5) Also, this section does not prevent the commissioner giving a witness identity protection certificate under the Evidence Act 1977 , section 21F that includes matters mentioned in section 21G(1)(h) of that Act in relation to a person who has been found guilty of misconduct or a breach of discipline because of the testing of the person under this part. Page 58 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.21] 5A.21 Evidentiary provision (1) A certificate apparently signed by an analyst and stating the following is evidence of what it states— (a) a specimen of urine provided by a stated person on a stated day and at a stated place was received from a stated authorised person at the analyst’s laboratory on a stated day and time; (b) the analyst made a laboratory test of the specimen on a stated day and at the stated place; (c) a stated targeted substance or a metabolite of a stated targeted substance was indicated by the laboratory test to be present in the person’s urine. (2) A certificate apparently signed by a government medical officer and stating that the presence of a stated targeted substance in a person impairs or may impair the person’s capacity to perform the person’s duties without danger to the person or others is evidence of what it states. (3) A certificate apparently signed by the commissioner and stating either of the following is evidence of what it states— (a) at a stated time a stated officer performed duties in an operational capacity in a critical area; (b) at a stated time a stated staff member performed duties involving a critical area. 5A.21A Agreements about counselling and rehabilitation (1) Any member of the service, whether or not the member is a relevant person or a seconded officer, and any relevant PSBA employee may make a written request to the prescribed person for the provision of counselling or rehabilitation about the member’s or employee’s personal use of alcohol or a drug. (2) If a prescribed person receives a request under subsection (1), the prescribed person must forward the written request to the member or employee who may enter into an agreement for providing counselling or rehabilitation. Current as at [Not applicable] Page 59
Police Service Administration Act 1990 Part 5A Alcohol and drug tests [s 5A.21A] Not authorised —indicative only (3) If the request is from a member of the service, the commissioner may enter into an agreement to provide to the member the counselling or rehabilitation approved by the commissioner. (4) If the request is from a relevant PSBA employee, the PSBA chief operating officer may enter into an agreement to provide to the employee the counselling or rehabilitation approved by the PSBA chief operating officer. (5) The commissioner or the PSBA chief operating officer must not use information disclosed by a member or employee under this section for the purposes of disciplinary or other action against the member or employee under this Act or the Public Service Act 2008 . (6) Also, the commissioner or the PSBA chief operating officer must not disclose information in the possession of the commissioner or PSBA chief operating officer because of a request or agreement made under this section other than— (a) for the purposes of the agreement; or (b) to the extent the commissioner or PSBA chief operating officer considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member or employee who disclosed the information; or (c) for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or (d) if the information relates to a member who is an officer—for the purposes of section 6.1(1)(c) or 8.3. (7) A regulation may prescribe the matters that must be included in an agreement under this section. (8) In this section— prescribed person means a person to whom, under a regulation, a member of the service or relevant PSBA employee may make a request for the provision of counselling or rehabilitation about the member’s or employee’s personal use of alcohol or a drug. Page 60 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5A.23] 5A.23 Limitation on disciplinary proceedings If 2 or more contraventions of this part by a particular relevant person arise out of the same facts or circumstances, a disciplinary proceeding against the relevant person may be started for 1 disciplinary offence only. Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service Division 1 Preliminary 5AA.1 Purpose of pt 5AA The purpose of this part is to ensure the commissioner— (a) may gather all the relevant information the commissioner needs about a person engaged or seeking to be engaged by the service; and (b) may use the information to assess the person’s suitability to be, or continue to be, engaged by the service. 5AA.1A Definition for pt 5AA In this part— criminal history , of a person— (a) means the person’s convictions in relation to offences committed in Queensland or elsewhere; and (b) includes information about offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person. Current as at [Not applicable] Page 61
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.2] 5AA.2 Parliament’s intention (1) It is Parliament’s intention that relevant information about a person that is obtained by the commissioner under this part is to be used only for assessing the person’s suitability to be, or continue to be, engaged by the service. (2) However, it is not Parliament’s intention to prevent the commissioner using information obtained under this part that discloses the commission of an offence, or is, or leads to, the discovery of evidence of the commission of an offence, for an investigation into the offence and any proceeding started or facilitated because of the investigation. 5AA.3 Meaning of engaged by the service A person is engaged by the service for this part if the person is 1 of the following— (a) a police officer; (b) a staff member; (c) a recruit; (d) a special constable; (e) a PSBA employee; (f) an external service provider; (g) a person performing functions at a police station or police establishment under a contract for services; (h) a person working in the service as a volunteer or as a student on work experience. 5AA.4 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 . Page 62 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.5] 5AA.5 Person to be advised of duties of disclosure etc. (1) Before a person, other than a PSBA employee or an external service provider, is engaged by the service, the commissioner must, if the commissioner considers the terms of the engagement require it— (a) tell the person— (i) of the person’s duty to disclose relevant information under division 2; and (ii) that the commissioner may obtain and consider relevant information about the person under divisions 3 and 4; and (b) give the person a copy of the guidelines for dealing with relevant information obtained by the commissioner under this part. (2) Subsections (3) and (4) apply if— (a) the PSBA chief operating officer (a relevant CEO ) is intending to employ a person in the PSBA; or (b) the chief executive officer (also a relevant CEO ) of another entity becomes aware a person employed or engaged by the entity is an external service provider. (3) The relevant CEO must— (a) tell the person— (i) the person is or, if employed, will be engaged by the service for this part; and (ii) of the person’s duty to disclose relevant information under division 2; and (iii) that the commissioner may— (A) obtain and consider relevant information about the person under divisions 3 and 4; and (B) disclose relevant information to the relevant CEO under division 4; and Current as at [Not applicable] Page 63
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.6] (b) give the person a copy of the guidelines issued by the commissioner for dealing with relevant information obtained by the commissioner under this part. (4) The information required to be given to the person under subsection (3) must be given— (a) if the relevant CEO is the PSBA chief executive—before the person is employed by the PSBA; or (b) otherwise—as soon as practicable after the relevant CEO becomes aware the person is an external service provider. Division 2 Disclosure of relevant information 5AA.6 Persons engaged or seeking to be engaged by the service must disclose relevant information (1) Each of the following must, if required by the commissioner, disclose to the commissioner any relevant information known to the person that may affect the person’s suitability to be engaged by the service— (a) a person engaged by the service; (b) a person seeking to be engaged by the service. (2) A person required to disclose information under subsection (1)(b) must disclose the information before being engaged by the service. 5AA.7 Persons engaged by the service must disclose changes in relevant information If a person engaged by the service is aware that there is a change in relevant information about the person, the person must immediately disclose to the commissioner the details of the change. Page 64 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.8] Note— For some persons engaged by the service, a failure to disclose a change in relevant information of which the person is aware may become the subject of disciplinary proceedings. 5AA.8 Requirements for disclosure (1) To comply with section 5AA.6 or 5AA.7, a person must give the commissioner a disclosure in the approved form. (2) Without limiting subsection (1), the approved form must make provision for the disclosure of the following relevant information— (a) the existence of a conviction or charge; (b) when an offence was committed or alleged to have been committed; (c) details of an offence or alleged offence; (d) for a conviction—whether or not a conviction was recorded and other details of the sentence; (e) disciplinary action under a public sector disciplinary law involving— (i) termination of employment; or (ii) reduction of classification level or rank; or (iii) transfer or redeployment to other employment; or (iv) reduction of remuneration level; or (v) a disciplinary declaration that states a disciplinary action mentioned in subparagraph (i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended. Current as at [Not applicable] Page 65
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.9] Division 3 Commissioner may obtain relevant information from other entities 5AA.9 Commissioner may request information from other authorities (1) This section applies to a person who— (a) is engaged by the service; or (b) seeks to be engaged by the service and has given the commissioner a disclosure for the purposes of division 2. (2) Also, this section applies even though the disclosure does not state any relevant information about the person. (3) The commissioner may ask another law enforcement agency, whether a declared agency, or a law enforcement agency of another country that has an obligation under the law of that country to assess the integrity of persons employed or engaged by the government of that country, to give the commissioner a report that includes relevant information about the person. 5AA.10 Prosecuting authority to notify commissioner about committal, conviction etc. (1) This section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service. (2) The director of public prosecutions must give the commissioner written notice of the person’s name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars— (a) if the person is committed by a court for trial for an indictable offence— (i) the court committing the person for trial; and Page 66 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.10] (ii) particulars of the offence with which the person is charged; and (iii) the date of the committal; and (iv) the court to which the person was committed; (b) if the person is convicted before the Supreme Court or the District Court of an indictable offence— (i) the court convicting the person; and (ii) particulars of the offence; and (iii) the date of the conviction; and (iv) the sentence imposed by the court; (c) if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended— (i) particulars of the offence of which the person is convicted; and (ii) the date the appeal was decided or otherwise ended; and (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision; (d) if the prosecution process ends without the person being convicted of an indictable offence— (i) if relevant—the court in which the prosecution process ended; and (ii) particulars of the offence with which the person was charged; and (iii) the date the prosecution process ended. (3) For subsection (2)(d), a prosecution process ends if— (a) an indictment is presented against the person and— (i) a nolle prosequi is entered on the indictment; or Current as at [Not applicable] Page 67
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.10A] (ii) the person is acquitted; or (b) the prosecution process has otherwise ended. (4) A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence. (5) Subsection (1) does not apply if the person is charged by a police officer. (6) Subsection (2)(a) does not apply if the prosecutor appearing is a police officer. (7) Subsection (2)(d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution. 5AA.10A Information about disciplinary action to be given by chief executive (1) This section applies if— (a) the commissioner asks the chief executive of another department (the chief executive ) for disciplinary information the chief executive has about a person who is or was a public service employee; and (b) the information is reasonably necessary for the commissioner to make a decision about the suitability of the person to be engaged, or continue to be engaged, as a member of the service. (2) The other chief executive must give the disciplinary information to the commissioner unless the other chief executive is reasonably satisfied that giving the information may prejudice the investigation of a contravention or possible contravention of the law in a particular case. (3) In this section— disciplinary information , in relation to a request made of a chief executive about a person, means information about the following made or taken against the person under a public sector disciplinary law by the chief executive or another entity— Page 68 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.11] (a) a current investigation into whether the person should be disciplined; (b) a finding that the person should be disciplined; (c) possible disciplinary action under consideration; (d) disciplinary action, including a disciplinary declaration. Not authorised —indicative only Division 4 Controls on use of relevant information and information about particular investigations 5AA.11 Assessment of suitability (1) This section applies to the commissioner in considering relevant information about a person under this part. (2) When making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to— (a) information that is disclosed to the commissioner under this part; and (b) information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and (ba) disciplinary information given to the commissioner by a chief executive of another department under section 5AA.10A; and (c) information that is stored on— (i) a database kept by the commissioner; or (ii) a database kept by another law enforcement agency to which the commissioner has access; and (d) information that is otherwise available to the commissioner. Examples for subsection (2)— 1 information obtained from previous employment checks Current as at [Not applicable] Page 69
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.12] 2 fingerprint checks 3 DNA tests (3) In addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision. (4) Subsection (3) is in addition to and does not limit a merit provision. (5) In this section— merit provision means— (a) section 5.2; or (b) the Public Service Act 2008 , chapter 1, part 4. 5AA.12 Particular persons to be advised if person unsuitable (1) If, because of information relied on by the commissioner under this part, the commissioner considers a person, other than a PSBA employee or an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable— (a) disclose the information to the person; and (b) allow the person a reasonable opportunity to make representations to the commissioner about the information. (2) The commissioner must give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service unless the commissioner considers the disclosure of the information may— (a) prejudice the investigation of a contravention or possible contravention of the law; or (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or (c) endanger a person’s life or physical safety; or Page 70 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.13] (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or (f) prejudice national security; or (g) be prohibited under a law of this or any other State or the Commonwealth. (3) If, after considering any representations made under subsection (1)(b), the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. (4) Information relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA.14(3). 5AA.13 PSBA employee or external service provider to be advised if person unsuitable (1) If, because of information relied on by the commissioner under this part, the commissioner considers a person who is a PSBA employee or an external service provider may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable— (a) disclose the information to the person and the chief executive officer of the relevant entity; and (b) allow the person and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and (c) allow the person a reasonable opportunity to make representations to the commissioner about any Current as at [Not applicable] Page 71
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.13] representations made to the commissioner by the chief executive officer. (2) The commissioner must give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service unless the commissioner considers the disclosure of the information may— (a) prejudice the investigation of a contravention or possible contravention of the law; or (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or (c) endanger a person’s life or physical safety; or (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or (f) prejudice national security; or (g) be prohibited under a law of this or any other State or the Commonwealth. (3) If, after considering any representations made under subsection (1)(b) or (c), the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. (4) If the person is already employed or engaged by the entity, the chief executive officer must— (a) have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and Page 72 Current as at [Not applicable]
Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.13] Not authorised —indicative only (b) consider whether appropriate steps may be taken to minimise— (i) the potential adverse effects of the assessment; and (ii) the person’s access to information in the possession of the commissioner; and (c) advise the commissioner of the chief executive officer’s decision. (5) If the commissioner considers the steps taken do not adequately minimise the person’s access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Corruption Commission to review the chief executive officer’s decision. (6) A review conducted under this section— (a) must be conducted in private; and (b) must be conducted in the way decided by the chairperson; and (c) if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and (d) is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 . (7) The chairperson’s decision on the review— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (8) Information disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member Current as at [Not applicable] Page 73
Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.14] of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure. Not authorised —indicative only 5AA.14 Secrecy (1) This section applies to a person who— (a) is, or has been— (i) a person engaged by the service; or (ii) a selection panel member; and (b) in that capacity acquired relevant information about someone else. (2) The person must not disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment. (3) Subsection (2) does not apply to the disclosure of information about a person, if— (a) the disclosure— (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or (ii) is with the person’s consent; or (iii) is of information that is relevant to an existing investigation of an offence; or (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii); or (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v)— Public Service Act 2008 , section 188B (b) the information discloses evidence of the commission or suspected commission of an offence and an Page 74 Current as at [Not applicable]
Not authorised —indicative only Police Service Administration Act 1990 Part 5AA Assessment of suitability of persons seeking to be engaged, or engaged, by the service [s 5AA.15] investigation is started or facilitated because of the information. (4) Also, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing. (5) Other than to the extent the Police Powers and Responsibilities Act 2000 , section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991 . (6) In this section— disclose , in relation to information about a person, includes give access to information about a person. selection panel member means a member of a panel formed to make a recommendation to