QueenslandPoliceServiceAdministrationAct1990Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Crime and Corruption
andOther Legislation Amendment Bill 2018. This
indicative reprint has beenprepared for information only—it is
not an authorised reprint of the Act.AnenactedbutuncommencedamendmentincludedintheHealthPractitioner
Regulation National Law and Other Legislation AmendmentAct
2017No. 32 has also been incorporated in this
indicative reprint.AmendmentstothisActarealsoincludedinthePoliceandOtherLegislation
(Identity and Biometric Capability) Amendment Bill 2018.
Theseproposed amendments are not included in this
indicative reprint.The point-in-time date for this indicative
reprint is the introduction date forthe Crime and
Corruption and Other Legislation Amendment Bill 2018—15February 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyPolice Service Administration Act
1990Contents11.1211.1311.14Division 711.15Division 811.16Division 911.17Schedule(Civil
Liability) Amendment Act 2014Definitions. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.136Application of ss 10.5 and 10.6 to
acts and omissions beforecommencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .136Relationship of s 10.5 if civil
liability dealt with by another Act or provisionof
this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .137Transitional
provision for Public Safety Business
Agency Act
2014Application
of pt
5AA to
particular current employees
. .
. .
. .
. .
.137Transitional provision for
Counter-Terrorism and
Other LegislationAmendment Act
2015Approved agency
and law
enforcement agency during
interim period138Transitional
provision for Crime and Corruption
and OtherLegislation Amendment Act
2018Liability of commissioners for police service reviews. . . . . . . . .139Relevant
information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140Page
8
Police Service Administration Act 1990Part
1 Preliminary[s 1.1]Police Service
Administration Act 1990AnActtoprovidefortheQueenslandPoliceServiceanditsadministrationNotauthorised—indicativeonlyPart
1Preliminary1.1Short
titleThis Act may be cited as thePoliceServiceAdministrationAct 1990.1.2Commencement(1)Section 1.1 and this section commence on the
day this Act isassented to for and on behalf of Her
Majesty.(2)Exceptasprovidedinsubsection (1),theprovisionsofthisAct,orsuchofthemasarespecifiedintheproclamation,commence on the
day or days appointed by proclamation forcommencement of
those provisions.1.3ObjectsThe 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
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 1 Preliminary[s 1.4]1.4DefinitionsIn this
Act—ACCmeanstheAustralianCrimeCommissionestablishedundertheAustralianCrimeCommissionAct2002(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 formmeans a form
approved by the commissionerfor use under
this Act.approvedinformation,forpart10,division1A,seesection 10.2G.assistant
commissionermeans the executive officer holdingthe
rank of assistant commissioner.authorised
person, for part 5A, see section 5A.2.breach of disciplinemeans a breach
of this Act, thePolicePowersandResponsibilitiesAct2000oradirectionofthecommissionergivenunderthisAct,butdoesnotincludemisconduct.child-related
employment screening, for part 10, division 1B,see
section 10.2S.commissioned officermeans a person
who holds a position inthe police service as a commissioned
officer.commissionermeans the
commissioner of the police service.commissionerforpoliceservicereviewsmeansacommissioner for police service
reviews under section 9.2A.condition,
for part 10, division 1A, see section 10.2G.constablemeans a person who holds a position in the
policeservice as a constable.Page 10Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
1 Preliminary[s 1.4]conviction, for a
provision of part 5AA or part 10, division1B, means a
finding of guilt, or the acceptance of a plea ofguilty, by a court for an offence—(a)whether or not a conviction is
recorded; and(b)whether in Queensland or elsewhere;
and(c)whetherbeforeorafterthecommencementoftheprovision.corruptconductseetheCrimeandCorruptionAct2001,section 15.criminal
history, of a person—(a)for
part 5AA and the schedule—see section 5AA.1A; or(b)forpart10,division1,subdivision2—seesection 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 agencysee thePolicePowersandResponsibilitiesAct 2000,
schedule 6.deputy commissioner, for part 5A,
see section 5A.2.disciplinaryactionmeansactiontakenformisconduct,corrupt conduct
or a breach of discipline.disciplinary declaration—(a)for a
disciplinary declaration made under a public sectordisciplinary law, means—(i)a
disciplinary declaration made under—(A)section 7A.2(2); or(B)thePublicServiceAct2008,section 188A(6); orCurrent as at
[Not applicable]Page 11
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 1 Preliminary[s 1.4](C)theMisconduct
Tribunals Act 1997or QCATAct; or(ii)adeclarationunderanotherpublicsectordisciplinary law
that states the disciplinary actionthatwouldhavebeentakenagainstthepersonifthe
person’s employment had not ended; or(b)otherwise, means a disciplinary declaration
made undersection 7A.2(2).disciplinaryfindingmeansafindingthatadisciplinaryground
exists.disciplinarygroundmeansagroundfordisciplinaryactionprescribed under a regulation.end
user, for part 10, division 1A, see section
10.2G.engaged by the servicesee section
5AA.3.evidence, for part 5A,
see section 5A.2.executive officermeans a person
who holds a position in thepolice service
as an executive officer.externalserviceprovider,forpart5AA,meansapublicservice
employee, or class of public service employee—(a)who
is employed or engaged in an entity other than theservice; and(b)whosefunctionsinclude,ormayinclude,performingdirectcorporateservicesupportfortheservicethatallowsthepersonaccesstocorporateoroperationalinformation in
the possession of the commissioner; and(c)who
is declared by regulation to be an external serviceprovider for this part.former
officer, for part 7A and any reference to a
disciplinarydeclaration, see section 7A.1(1)(b).general alcohol limit, for part 5A,
see section 5A.2.handler,ofapolicedog,meansanofficerwhosedutiesinclude handling
a police dog.Page 12Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
1 Preliminary[s 1.4]head,
for part 10, division 1A, see section10.2G.industrialauthoritymeanstheindustrialcommissionorIndustrial Court.industrialinstrumentmeansanindustrialinstrumentundertheIndustrial Relations Act 2016.interstatescreeningunit,forpart10,division1B,seesection 10.2S.IPSP,
for part 10, division 1A, see section 10.2G.lawenforcementagency,forpart10,division1A,seesection 10.2G.lawenforcementpurpose,forpart10,division1A,seesection 10.2G.low alcohol
limit, for part 5A, see section 5A.2.marked printmeans a print of
a photograph, marked in a waythat
highlights—(a)features or aspects of the subject of
the print; or(b)points of similarity between the
subject of the print andthe subject of another print.medical examination, for part 5A,
see section 5A.2.member, for part 10,
division 1A, see section10.2G.member of the
servicesee section 2.2.MINDA,
for part 10, division 1A, see section 10.2G.misconductmeans 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 communityreasonably expects of a police
officer.no alcohol limit, for part 5A,
see section 5A.2.noncommissionedofficermeansapersonwhoholdsaposition in the police service as a
noncommissioned officer.Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 1 Preliminary[s 1.4]officermeans a police
officer.operativesee section
5A.2.over the limit, for part 5A,
see section 5A.2.placemeansany,oranypartofany,land,water,building,structure, vehicle, vessel, aircraft or
carriage.police dogmeans a dog kept
by the commissioner for helpingpolice officers
perform the duties of police officers.Example—a
dog trained as a sniffer dog to help find illegal drugspolice horsemeans a horse
kept by the commissioner for useby officers when
performing the duties of police officers.police
officermeans a person declared under section 2.2(2)
tobe a police officer.policerecruitmeansapersonwhoholdsapositioninthepolice service as a police
recruit.policing purpose, for part 10,
division 1A, see section 10.2G.prescribedresponsibilitymeanstheresponsibilityofthecommissioner under section
4.8(1).printmeans a print of
a photograph or part of a photograph,andincludesamarkedprintandanaudiorecordingofaninterview.PSBAmeans the Public Safety Business Agency
establishedunder thePublic Safety
Business Agency Act 2014.PSBAchiefoperatingofficermeansthechiefoperatingofficer of the PSBA.PSBA
employee—(a)means a person
employed in the PSBA; but(b)does not include
a seconded officer.public sector disciplinary lawmeans—(a)this
Act or any repealed Act regulating police; orPage 14Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
1 Preliminary[s 1.4](b)thePublicServiceAct2008oranyrepealedActregulating the public service; or(c)theMisconduct
Tribunals Act 1997or QCAT Act; or(d)adisciplinaryprovisionofanindustrialinstrumentunder theIndustrial Relations Act 2016;
or(e)another Act prescribed under a
regulation.publicserviceemployeeseethePublicServiceAct2008,schedule 4.QPS
databasemeans any of the following—(a)the database known as QPRIME;(b)theregisterofenforcementactskeptunderthePolicePowers and
Responsibilities Act 2000;(c)anotherdatabasekeptbyoronbehalfofthecommissioner.QueenslandTransportmeansthedepartmentinwhichtheTransportOperations(RoadUseManagement)Act1995isadministered.random alcohol
test, for part 5A, see section 5A.2.recruitmeans a police
recruit.relevantinformation,aboutaperson,forpart5AA,meansinformationaboutthepersonofakindmentionedintheschedule for the
person.relevant person, for part 5A,
see section 5A.3.relevant PSBA employee, for part 5A,
see section 5A.2.seconded officermeans an
officer—(a)onasecondmentfromtheservicetothePSBAundersection 5.13C(1)(a); or(b)performingworkforthePSBAunderaworkperformance
arrangement under section 5.13C(1)(b).servicemeans the police service.Current as at [Not applicable]Page
15
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 2 Queensland Police Service[s
1.5]special constablemeans a person
who holds a position as aspecial constable.staff
membermeans a person who is a staff member of
thepolice 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.transferof a police
officer to a position has the meaning givenby section
5.2(1).use, for part 10, division 1A, see
section10.2G.watch-house officersee section
4.9(6).1.5Meaning oftenure not
limited by timeA person is appointed to a position on
atenure not limited bytimeiftheappointmentdoesnotspecifyanappointmentperiod.1.6Notes in textA note in the
text of this Act is part of the Act.Part 2Queensland Police Service2.1Maintenance of serviceThere is to be maintained at all times in
the State a body ofpersonsunderthenameandstyle‘QueenslandPoliceService’.2.2Membership of service(1)TheQueenslandPoliceServiceconsistsofpoliceofficers,police recruits and staff members.(2)Police officers are—Page
16Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
2 Queensland Police Service[s 2.3](a)the commissioner of the police
service;(b)the persons holding appointment as an
executive policeofficer;(c)thepersonsholdingappointmentasacommissionedpolice
officer;(d)the persons holding appointment as a
noncommissionedpolice officer;(e)the
persons holding appointment as a constable.2.3Functions of serviceThe 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 theStatemaylawfullybeapplied,whenoccasiondemands;(b)theprotectionofallcommunitiesintheStateandallmembers thereof—(i)from
unlawful disruption of peace and good orderthat results, or
is likely to result, from—(A)actions of
criminal offenders;(B)actions or omissions of other
persons;(ii)fromcommissionofoffencesagainstthelawgenerally;(c)the
prevention of crime;(d)the detection of
offenders and bringing of offenders tojustice;(e)the upholding of the law
generally;(f)theadministration,inaresponsible,fairandefficientmanner and
subject to due process of law and directionsof the
commissioner, of—Current as at [Not applicable]Page
17
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 2 Queensland Police Service[s
2.3A](i)the provisions of the Criminal
Code;(ii)the provisions
of all other Acts or laws for the timebeingcommittedtotheresponsibilityoftheservice;(iii)thepowers,dutiesanddiscretionsprescribedforofficers by any Act;(g)the
provision of the services, and the rendering of helpreasonablysought,inanemergencyorotherwise,asare—(i)requiredofofficersunderanyActorlaworthereasonable expectations of the community;
or(ii)reasonablysoughtofofficersbymembersofthecommunity.2.3APresence of police officers at fire or
chemical incident(1)Onreceivinginformationoftheoccurrenceofanincidentrequiringtheattendanceoffireauthorityofficers,thecommissioner or the police officer in
charge, at the time, ofthe police station nearest to the
location of the incident mustimmediately send
as many police officers as are considerednecessary to
preserve order and to help at the incident.(2)In
this section—fire authority officermeans a fire
service officer under theFire and Emergency Services Act
1990.incidentmeans—(a)a fire; or(b)achemicalincidentundertheFireandEmergencyServices Act
1990.2.4Community
responsibility preserved(1)The prescription
of any function as one of the functions of thepoliceservicedoesnotrelieveorderogatefromthePage 18Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
2 Queensland Police Service[s 2.5]responsibilityandfunctionsappropriatelyhadbythecommunity 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 ofthe
law.(2)Inperformanceofthefunctionsofthepoliceservice,membersoftheservicearetoactinpartnershipwiththecommunity at large to the extent
compatible with efficient andproper
performance of those functions.2.5Administration of staff members(1)Staff members are—(a)officers of the public service assigned to
perform dutiesin the police service; and(b)personsappointedasstaffmembersbythecommissioner
under—(i)section 8.3(5); or(ii)thePublic Service Act 2008,
chapter 5, part 5.(2)Whileperformingdutiesintheservice,astaffmemberissubject to the commissioner’s
directions.2.5AOfficers etc. employed under this
ActThe following persons are to be employed
under this Act, andnot under thePublic Service
Act 2008—(a)a police
officer, police recruit or special constable; or(b)a staff member mentioned in section
8.3(5).Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 3 Police officers’ powers and duties
related to those of constable[s 3.1]Part
3Police officers’ powers andduties related to those ofconstable3.1Meaning ofofficerin
partIn this part—officerincludes a special constable.3.2Relation to office of constable(1)Subject to section 7.1 where it
applies, in performance of thedutiesofoffice,anofficerissubjecttothedirectionsandorders of the commissioner and to the orders
of any superiorofficer.(2)Anoncommissionedofficeroraconstablehasandmayexercise the powers, and has and is to
perform the duties of aconstable at common law or under any
other Act or law.(3)An officer other than one referred to
in subsection (2) has andmayexercisethepowersofaconstableatcommonlaworunder any other Act or law.(4)Except as prescribed by this section
and section 6.4, this Actdoes not, in relation to any officer,
derogate from the powers,obligationsandliabilitiesofaconstableatcommonlaworunder any other Act or law.3.3Oath of officeBeforeapersonbeginstoperformdutyasanofficer,thepersonistotake,ormake,andsubscribetheoathoraffirmation prescribed by regulation.Page
20Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
4 Commissioner of the Queensland Police Service[s 3.4]3.4Proof of officeIf a question
arises as to a person’s identity as an officer, or toa
person’s entitlement to exercise the powers or to perform
theduties of an officer—(a)the
general reputation of a person, who is an officer, asbeinganofficerisevidenceofthatidentityandentitlement; and(b)theabsenceof,orfailuretoproduce,anywrittenappointmentorotherdocumentaryprooftoestablishthatidentityorentitlementdoesnotprejudiceorotherwiseaffecttheexerciseofthepowersortheperformance of the duties by a person
who is an officer.3.7Termination of powersPowers had by a person as an officer
terminate immediatelyon the person ceasing, by whatever
means, to be an officer.Part 4Commissioner of
theQueensland Police Service4.1Establishment of officeThere is hereby established the office of
the commissioner ofthe police service.4.2Appointment(1)The
Governor in Council may, on a recommendation agreedtobythechairpersonoftheCrimeandCorruptionCommission,
appoint an appropriate person as commissionerof the police
service.(2)The appointment is to be made by
gazette notice.Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 4 Commissioner of the Queensland Police
Service[s 4.3]4.3Conditions of appointment(1)The conditions on which an appointment
as commissioner isheld—(a)are
such as are for the time being agreed by the MinisterandthechairpersonoftheCrimeandCorruptionCommission,
approved by the Governor in Council, andacceptedbythepersonwhoistobe,oris,thecommissioner; and(b)are
to be governed by a contract of employment made,ortakentobemade,betweentheCrownandthecommissioner; and(c)arenotsubjecttoanyindustrialinstrumentoranydetermination or rule of an industrial
authority.(2)If an offer of a contract of
employment as commissioner onconditionsinwritingagreedtobythechairpersonoftheCrimeandCorruptionCommissionandapprovedbytheGovernor in Council in relation to the
appointment, is made toa person before that person’s
appointment as commissioner,theperson,onacceptingappointmentascommissioner,istaken to have made with the Crown (and the
Crown is taken tohave made with the appointee) a contract of
employment thataccords with the contract last offered to
the person before theappointment was made.4.4Term of appointmentThe
commissioner is to be appointed for a term not less than 3years or more than 5 years.4.5Removal and suspension of
commissioner(1)Theofficeofthecommissionerbecomesvacantifthecommissioner—(a)dies; or(b)resigns the office by writing signed by the
commissionerand accepted by the Governor in Council;
orPage 22Current as at
[Not applicable]
Police Service Administration Act 1990Part
4 Commissioner of the Queensland Police Service[s 4.5]Notauthorised—indicativeonly(c)is removed from office in accordance
with this section.(2)The commissioner may be removed from
office pursuant tothe contract that governs the commissioner’s
employment or ifthe commissioner has breached the contract
of employment.(3)Additionalgroundsonwhichthecommissionermayberemoved from office are the
following—(a)incapacity, because of physical or
mental infirmity, toproperly perform the duties of office,
or other unfitnessto hold office;(b)incompetence in performing, or neglect of
the duties ofoffice;(c)afindingbyQCATofcorruptconductbeingprovedagainstthecommissionerifQCATordersthecommissioner’s dismissal;(d)conviction in the State of an
indictable offence (whetheron indictment or
summarily);(e)imprisonment for any offence.(4)If1ormoreofthegroundsprescribedbysubsection (3)exists, the
commissioner may be removed from office by—(a)the
Governor in Council, on a recommendation in whichthechairpersonoftheCrimeandCorruptionCommission
concurs; or(b)indefaultofexerciseoftheauthorityconferredbyparagraph(a),theGovernor,onanaddressfromtheLegislativeAssemblyprayingforthecommissioner’sremoval from
office.(5)Ifsatisfiedthat1ormoreofthegroundsprescribedbysubsection (3) exists, or that the
commissioner is charged withcorrupt conduct
or an offence referred to in subsection (3)(d),the Governor in
Council may suspend the commissioner fromoffice.(6)Ifthecommissionerissuspendedfromoffice,thecommissionerisentitledtobereinstatedinoffice,unless,uponactiontakenforthwithfollowingthesuspensionandCurrent as at [Not applicable]Page
23
Police
Service Administration Act 1990Part 4
Commissioner of the Queensland Police Service[s 4.6]pursueddiligentlytoitsconclusion,thecommissionerisremoved from office in accordance with
subsection (4).Notauthorised—indicativeonly4.6Communications
between Minister and commissioner(1)The
commissioner—(a)istofurnishtotheMinisterreportsandrecommendationsinrelationtotheadministrationandfunctioning of the police service, when
required by theMinister to do so; and(b)may
at any time furnish to the Minister such reports andrecommendations as the commissioner thinks
fit with aviewtotheefficientandproperadministration,management and
functioning of the police service.(2)TheMinister,havingregardtoadviceofthecommissionerfirstobtained,maygive,inwriting,directionstothecommissioner concerning—(a)theoveralladministration,management,andsuperintendence of, or in the police
service; and(b)policyandprioritiestobepursuedinperformingthefunctions of the police service; and(c)thenumberanddeploymentofofficersandstaffmembersandthenumberandlocationofpoliceestablishments
and police stations.(3)The commissioner
is to comply with all directions duly givenunder subsection
(2).4.7Recording and publication of
communications(1)Thecommissioneristokeeparegisterinwhicharetoberecorded—(a)all reports and recommendations made
to the Ministerunder section 4.6(1)(a); and(b)all directions given in writing to the
commissioner undersection 4.6(2); andPage 24Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
4 Commissioner of the Queensland Police Service[s 4.8](c)all reasons tabled by the Minister
under theCrime andCorruption Act
2001, section 64.(2)Within28daysfollowing31Decemberineachyear,thecommissioner is to have prepared a
copy of the register, whichcopy, being
certified by the commissioner as a true copy of theregister, is to be furnished forthwith to
the chairperson of theCrime and Corruption Commission, with
or without commentof the commissioner.(3)Within 28 days following receipt of the
certified copy of theregister,thechairpersonistogivethecopytogetherwithcomments of the
commissioner relating thereto, and with orwithoutfurthercommentofthechairperson,tothechairpersonoftheParliamentaryCrimeandCorruptionCommittee of the
Legislative Assembly.(4)The chairperson
of the Parliamentary Crime and CorruptionCommitteeoftheLegislativeAssemblyistotableintheLegislative
Assembly—(a)the certified copy of the register;
and(b)all comment relating thereto;within 14 sitting days after the
chairperson’s receipt thereof.4.8Commissioner’s responsibility(1)The commissioner is responsible for
the efficient and properadministration,managementandfunctioningofthepoliceservice in
accordance with law.(2)Without limiting
subsection (1), a regulation may prescribe—(a)particularmatterswithinthescopeoftheprescribedresponsibility;
or(b)additional responsibilities of the
commissioner.(3)The commissioner is authorised to do,
or cause to be done, allsuch lawful acts and things as the
commissioner considers tobenecessaryorconvenientfortheefficientandproperdischarge of the
prescribed responsibility.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 4 Commissioner of the Queensland Police
Service[s 4.9](4)Indischargingtheprescribedresponsibility,thecommissioner—(a)is
to comply with all relevant industrial instruments anddeterminationsandrulesmadebyanindustrialauthority;
and(b)subjecttothisAct,istoensurecompliancewiththerequirements of all Acts and laws
binding on membersofthepoliceservice,anddirectionsofthecommissioner; and(c)is
to have regard to section 4.6 and ministerial directionsduly
given thereunder; and(d)istodischargetheresponsibilityinrelationtosuchmatters as are
prescribed for the time being.4.9Commissioner’s directions(1)In discharging the prescribed
responsibility, the commissionermay give, and
cause to be issued, to officers, staff members orpolicerecruits,suchdirections,writtenororal,generalorparticularasthecommissionerconsidersnecessaryorconvenientfortheefficientandproperfunctioningofthepolice service.(2)A
direction of the commissioner is of no effect to the extentthat
it is inconsistent with this Act.(3)Subjecttosubsection (2),everyofficerorstaffmembertowhomadirectionofthecommissionerisaddressedistocomply in all respects with the
direction.(4)Adirectionissuedundersubsection (1)toofficersaboutfunctions,powersorresponsibilitiesthatarealsofunctions,powers or
responsibilities of watch-house officers is taken tobe
also issued to watch-house officers.(5)In
all proceedings—(a)adocumentpurportingtobecertifiedbythecommissionertobeatruecopyofadirectionunderPage
26Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
4 Commissioner of the Queensland Police Service[s 4.10]subsection (1) is admissible as evidence of
the direction;and(b)adirectionundersubsection (1)istobetakenaseffectual until the contrary is
proved.(6)In this section—watch-house
officermeans a staff member who is appointedby
the commissioner to be a watch-house officer.4.10Delegation(1)The
commissioner may delegate powers of the commissionerunder 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 undertheDisaster Management Act 2003;(e)thecommissioneroftheQueenslandFireandEmergency Service;(f)an
appropriately qualified person employed in—(i)the
PSBA; or(ii)the Office of
the Inspector-General of EmergencyManagement under
theDisaster Management Act2003;
or(iii)the Queensland
Fire and Emergency Service.(2)Without limiting subsection (1), the
commissioner may also,under subsection (1), delegate powers
of the commissioner todischarge the prescribed
responsibility.(3)A delegation of a power of the
commissioner may permit thesubdelegationofthepowertoanotherpersonmentionedinsubsection (1).Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 4 Commissioner of the Queensland Police
Service[s 4.11]4.11Acting as commissioner(1)TheMinistermayappointanappropriatepersontoactascommissioner—(a)wheneverthereisavacancyintheofficeofcommissioner; or(b)duringaperiodwhenthecommissionerissuspendedfromofficeorcannotperformthedutiesofofficebecause of
physical or mental incapacity.(2)The
commissioner may appoint an appropriate person to actascommissionerduringanotherperiodwhenthecommissionerisabsentfromdutyorcannotperformtheduties of the office.(3)Theremunerationpayabletoapersonwhoactsascommissionermustnotbemorethantheremunerationpayable to the
commissioner.4.12Commissioner’s official seal(1)The commissioner has an official
seal.(2)Allcourtsandpersonsactingjudiciallyaretotakejudicialnotice of the following—(a)the
signature of the commissioner or any person who atany
time was the commissioner;(b)the fact that
the commissioner has, or any such personhad, an official
seal;(c)the official seal of the commissioner
or any such person;if the signature or seal appears on a
document made for thepurposes of judicial proceedings or on
a document purporting,or seeming, to have been made for the
purposes of this Act.Page 28Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
5Police Service Administration Act 1990Part
5 Appointment of personnel[s 5.1]Appointment of
personnelDivision 1Officers and
other police personnel5.1RanksThe
ranks of officers are those declared for the time being bythe
regulations.5.2Appointment to be on merit on
impartial procedures(1)In this
section—transferofapoliceofficertoapositionmeanstheappointmentofapoliceofficertoapositioninwhichthepoliceofficerwillholdthesamerankandbeentitledtoatleast the same
level of salary.(2)A decision to appoint a person as a
police recruit or to a policeofficer position
must be made by fair and equitable proceduresthat—(a)include inviting applications and
selection on the basisof the merit of applicants; and(b)preventunjustdiscrimination,whetherinfavouroforagainst a person.(3)However, if a decision is made to transfer a
police officer on abasis prescribed by regulation, the decision
need not involvethe procedures mentioned in subsection
(2)(a).(4)Written notice to a police officer of
a transfer because of adecisionundersubsection (3)mustspecifytheprescribedbasis used for
the transfer.(5)Forthepurposesofthissectionmeritofanofficercomprises—(a)the
integrity, diligence and good conduct of the officer;andCurrent as at [Not applicable]Page
29
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.3](b)the potential of the officer to
discharge the duties of theposition in
question; and(c)the industry shown by the officer in
performance of theduties of office in the course of the
officer’s career; and(d)the physical and
mental fitness of the officer to performthe duties of
the position in question.(6)For the purpose
of determining the potential of an officer todischarge the
duties of a position the following factors mustbe taken into
account—(a)the performance of duties of office in
the course of theofficer’s career;(b)therangeofpracticalexperienceoftheofficerintheservice or outside the service;(c)theability,aptitude,skill,knowledgeandexperiencedetermined by
the commissioner to be necessary for theproperperformanceofthedutiesofthepositioninquestion;(d)anyrelevantacademic,professionalortradequalifications
of the officer.5.3Executive officers(1)The
Governor in Council may appoint as executive officerssuchpersonsasarerecommendedbythecommissionerforappointment.(2)The
number of positions as executive officer is to be such asis,forthetimebeing,necessaryfortheeffectualadministrationofthisActandtheefficientandproperdischargeoftheprescribedresponsibilityandisrecommended by the
commissioner.5.4Conditions of employment(1)An appointment to a position as
executive officer, includingbywayofpromotion,istobeonthebasisoffull-timeemployment.Page 30Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5 Appointment of personnel[s 5.5](2)The
conditions on which an appointment as executive officeris
held—(a)aresuchasareforthetimebeingapprovedbythecommissioner and accepted by the
person who is, or isto be, the executive officer;
and(b)are to be governed by a contract of
employment made,ortakentobemade,betweentheCrownandtheexecutive officer; and(c)arenotsubjecttoanyindustrialinstrumentoranydetermination or rule of an industrial
authority.(3)If an offer of a contract of
employment as an executive officer,onconditionsinwritingapprovedbythecommissionerinrelation to the appointment, is made to a
person before thatperson’sappointmentasexecutiveofficer,theperson,onaccepting appointment as executive officer,
is taken to havemade with the Crown (and the Crown is taken
to have madewiththeappointee)acontractofemploymentthataccordswiththecontractlastofferedtothepersonbeforetheappointment was made.5.5Acting as executive officer(1)The commissioner may appoint an
appropriate person to actas executive officer during—(a)any vacancy, or all vacancies, in the
office of executiveofficer; or(b)any
period, or all periods, when the executive officer isabsent from duty or, for another reason, can
not performthe duties of the office.(2)Theremunerationpayabletoapersonwhoactsasanexecutiveofficermustnotbemorethantheremunerationpayable to the
executive officer.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.6]5.6Other appointmentsThe commissioner
may appoint such number of persons to becommissioned
officers, noncommissioned officers, constablesorpolicerecruitsasisnecessaryfortheeffectualadministrationofthisActandtheefficientandproperdischarge of the
prescribed responsibility.5.7Conditions of
employment of commissioned officers(1)Appointmenttoapositionasacommissionedofficer,including by way of promotion—(a)if the position is prescribed as one
open to appointmenton a part-time basis—may be on the basis of
part-timeemployment; or(b)in
the case of any other position—is to be on the basis offull-time employment.(2)A
person—(a)is to be appointed to, and employed
in, a position as acommissioned officer on salary upon a tenure
that is notlimited by time, if the position is not one
referred to inparagraph (b) or (c);(b)ifapositionofcommissionedofficerisprescribedasoneopentoappointmentuponalimiteddurationoftenure—maybeappointedtoandemployedintheposition upon a limited duration of
tenure;(c)ifapositionofcommissionedofficerisprescribedasone
open to appointment on a contract basis—may beappointed to and
employed in the position on a contractbasis—(i)upon a tenure that is not limited by
time; or(ii)for a limited
duration of tenure.(3)Theconditionsofemploymentfromtimetotimeofacommissioned officer duly appointed on
a contract basis—Page 32Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5 Appointment of personnel[s 5.8](a)aresuchasareforthetimebeingapprovedbythecommissioner and accepted by the
person who is, or isto be, the commissioned officer;
and(b)are to be governed by a contract of
employment made,ortakentobemade,betweentheCrownandthecommissioned officer; and(c)arenotsubjecttoanyindustrialinstrumentoranydetermination or rule of an industrial
authority.(4)If an offer of a contract of
employment as a commissionedofficer,onconditionsinwritingapprovedbythecommissionerinrelationtotheappointment,ismadetoapersonbeforethatperson’sappointmentascommissionedofficer,theperson,onacceptingappointmentascommissioned officer, is taken to have made
with the Crown(and the Crown is taken to have made with
the appointee) acontractofemploymentthataccordswiththecontractlastoffered to the person before the appointment
was made.5.8Acting as commissioned officer(1)The commissioner may appoint an
appropriate person to actas a commissioned officer
during—(a)anyvacancy,orallvacancies,intheofficeofcommissioned officer; or(b)any
period, or all periods, when a commissioned officerisabsentfromdutyor,foranotherreason,cannotperform the
duties of the office.(2)Theremunerationpayabletoapersonwhoactsasacommissioned officer must not be more
than the remunerationpayable to a person appointed to the
office.(3)While a person acts as a commissioned
officer, the person isrelieved of the duties of a constable
at common law or underany Act or law.Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.9]5.9Conditions of employment of
noncommissioned officersand constables(1)Appointment to a position as a
noncommissioned officer orconstable, including by way of
promotion—(a)istobeonthebasisoffull-timeemployment,iftheposition is not one referred to in
paragraph (b);(b)ifthepositionisprescribedasone,oroneofaclass,open to
appointment on a part-time basis—may be onthe basis of
part-time employment.(2)A person—(a)istobeappointedtoandemployedinapositionasanoncommissionedofficerorconstableuponatenurethatisnotlimitedbytime,ifthepositionisnotonereferred to in
paragraph (b);(b)ifthepositionisprescribedasone,oroneofaclass,open to
appointment upon a limited duration of tenure—maybeappointedandemployedinapositionasanoncommissionedofficerorconstableuponalimitedduration of
tenure.5.10Officer’s election on termination of
certain appointments(1)If an officer
who holds a position in the service on a contractbasisorforalimiteddurationoftenureceasestoholdtheposition because—(a)thecontractortenurehasexpiredandhasnotbeenrenewed; or(b)thecontractortenureisterminatedotherwisethanbyreason of—(i)theofficer’sresignationfromtheserviceorretirement from the service; or(ii)disciplinary
action against the officer;and before
accepting the position that person was an officer inemployment that satisfies the requirements
of subsection (2)Page 34Current as at
[Not applicable]
Police Service Administration Act 1990Part
5 Appointment of personnel[s 5.10]Notauthorised—indicativeonlythatpersonisentitledtoelecttocontinueasanofficerinaccordance with this section.(2)The requirements referred to in
subsection (1) are—(a)the employment in the service before
acceptance of theposition referred to in subsection (1) must
have been ona tenure not limited by time;(b)the employment in the service before
acceptance of theposition referred to in subsection (1) must
have been, orbe taken to have been, continuous.(3)Ifapersonmakesanelectionundersubsection (1),thecommissioner may appoint the person at a
rank determined bythe commissioner—being a rank not lower than
that at whichthe person was employed in the service
immediately beforethe person first accepted employment in the
position referredto in subsection (1), or a rank prescribed
for the time being tobe equivalent to that rank.(4)If a person makes an election under
subsection (1), the persontherebyrenouncesallentitlementssecuredtothepersonbythe contract of employment in the
event of its termination asreferred to in
subsection (1).(5)An election made under subsection
(1)—(a)must be made in writing signed by the
elector and givento the commissioner within 14 days
following—(i)expiry of the contract or tenure in
question; or(ii)noticeofterminationofthecontractortenurebeinggiventotheholderofthepositioninquestion; and(b)when
duly made, has the effect that the elector’s serviceas
an officer is taken not to have been terminated by theexpiryorterminationofthecontractortenureinquestion, but to have continued in
accordance with theforegoing provisions of this section.(6)If the regulations prescribe
requirements to be met, if serviceas an officer is
to be taken as continuous, service of an officerreferred to in this section is not
continuous unless it accordsCurrent as at
[Not applicable]Page 35
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.11]with the requirements of the regulations,
and subsection (5)(b)has operation subject to this
subsection.5.11Conditions of employment of police
recruits(1)The conditions of employment of a
police recruit—(a)are as approved by the commissioner
and accepted bythe 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)arenotsubjecttoanyindustrialinstrumentoranydetermination or rule of an industrial
authority.(2)If an offer of a contract of
employment as a police recruit onconditionsinwritingapprovedbythecommissionerinrelation to the appointment, including the
grounds on whichthe employment may be continued and
discontinued, is madeto a person before that person’s
appointment as a recruit, theperson, on
accepting appointment as a recruit, is taken to havemade
with the Crown (and the Crown is taken to have madewiththeappointee)acontractofemploymentthataccordswiththecontractlastofferedtothepersonbeforetheappointment was made.5.12Appointment on probation(1)This section does not apply in
relation to an appointment as anofficer made on
a contract basis.(2)Anappointmentasanofficerofapersonwhowasnotanofficer immediately before the appointment
is an appointmenton probation—(a)for
a period not less than 12 months determined by thecommissioner; or(b)in
the absence of such a determination, for a period of12
months.Page 36Current as at
[Not applicable]
Police Service Administration Act 1990Part
5 Appointment of personnel[s 5.12]Notauthorised—indicativeonly(3)UnlessthepositionasanofficerisadvertisedintheQueensland Police Gazette as one to
which appointment is tobe made without a period of probation,
an appointment of anofficertoapositiononpromotionisanappointmentonprobation—(a)for
a period not less than 6 months determined by thecommissioner; or(b)in
the absence of such a determination—for a period of6
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 orduringanyextensionofaperiodofprobation,terminate the
employment of the appointee; or(ii)at
the end of any period of probation, confirm theappointment,
extend or further extend the period ofprobationorterminatetheemploymentoftheappointee; 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 orduringanyextensionofaperiodofprobation,terminate that
appointment; or(ii)at the end of
any period of probation, confirm theappointment,
extend or further extend the period ofprobation or
terminate that appointment.(5)If
an appointment is terminated under subsection (4)(b), theperson who was the appointee is to be
retained in employmentas an officer at a level of salary not
less than the level of salaryofthepersonimmediatelybeforetheappointmentthatisterminated until—(a)thepersonisappointedtoanotherpositionintheservice;
or(b)the person is otherwise dealt with
under this Act.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.13]5.13Officer not to refuse transfer, but
may object(1)A police officer who is transferred to
a position must acceptthe transfer, even if the officer has
not applied for it.(2)However,iftheofficerdidnotapplyforthetransfer,theofficer may—(a)object to the transfer under section 5.13A;
or(b)apply for a review of the transfer
under section 9.3.5.13AObjection to transfer(1)If a police officer is transferred to
a position without applyingfor the
transfer, the officer may object to the transfer by givingthe
commissioner written reasons for the objection within 14days
of receiving written notice of the transfer.(2)The
commissioner may allow or reject the objection.(3)Ifthecommissionerallowstheobjection,thetransferstopshaving effect.(4)If
the commissioner rejects the objection, the commissionermust
give the officer written reasons for the rejection.(5)This section—(a)doesnotlimittherightofanofficertoapplytoacommissioner for police service
reviews for a review ofthe transfer (atransfer
review); but(b)does
limit the right of an officer to object to a transferunderthissectiononcetheofficerhasappliedforatransfer review.(6)If
an officer objects to a transfer under this section, the
timeallowed by regulation for an application for
a transfer reviewdoes not start to be counted until the day
the commissionergives the officer written reasons under
subsection (4).(7)If an officer applies for a transfer
review, the officer can notstart or proceed
further with an objection under this section.Page 38Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5 Appointment of personnel[s 5.13B]5.13BDelay
in attendance for duty on directed transfer to allowfor
objection and review(1)Ifapoliceofficeristransferredtoaposition,thecommissioner can not direct the officer to
attend for duty inthe position until—(a)afterthetimeallowedforanobjectionundersection 5.13A(1)
has ended; and(b)if the officer objects to the
transfer—the commissionerdecides 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 fordutyuntilafterthetimeallowedbyregulationforanapplication to a commissioner for
police service reviews for areview of the
transfer has ended.(3)Despite section 9.2, if the officer
applies to a commissionerforpoliceservicereviewsforareviewofthetransfer,thecommissioner can not direct the
officer to attend for duty—(a)iftheofficerthenwithdrawstheapplication—untilatleast 14 days after the withdrawal;
or(b)if the officer does not withdraw the
application and thecommissioner decides under section 9.5 to
proceed withthetransfer—untilatleast14daysafterthedaytheofficerreceiveswrittennoticeofthecommissioner’sdecision.(4)Thissectiondoesnotlimitthecommissioner’spowerstodirectanofficertoattendfordutyinapositionincircumstances the commissioner considers are
urgent.5.13CSecondment etc. of officers to
PSBA(1)ThecommissionermayenterintoanarrangementwiththePSBA chief operating officer—Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.14](a)for the services of an officer to be
made available to thePSBA (asecondment); or(b)under which an officer performs work
for the PSBA (awork performance arrangement).Note—For a secondment
of, or work performance arrangement for, a personappointed to a position under section
8.3(5), see section 8.3(6A).(2)An
officer on secondment to the PSBA, or providing servicesor
performing work for the PSBA under a work performancearrangement—(a)is
subject to the direction and control of the PSBA chiefoperatingofficertotheextenttheofficerisprovidingservices or
performing work for the PSBA; but(b)otherwise continues to be a officer for all
purposes andto have the functions, powers and
responsibilities of anofficer.5.14Calculation of continuous service as
officer(1)Forthepurposeofcalculatingcontinuousserviceofanofficer,
continuous service had by a person—(a)as
an officer; and(b)as the holder of any prescribed
office, offices or class ofoffice under the
Crown in any of its capacities;where the
service had as an officer and the service had as suchholder are themselves continuous, are to be
taken to constitutecontinuous service as an officer.(2)A person who has continuous service as
an officer pursuant tosubsection (1),whilethepersoncontinuesasanofficer,retains and may claim against the Crown in
right of the Statein respect of all benefits and entitlements
that have accrued tothe person throughout the continuous
service.(3)If the regulations prescribe
requirements to be met, if serviceof an officer is
to be taken as continuous, service or servicesreferred to in
this section is, or are, not continuous unless itPage
40Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5 Appointment of personnel[s 5.15]accords,ortheyaccord,withtheregulations,andsubsection (1) has operation subject to this
subsection.5.15Officer as employee of CrownAnofficer,otherthanonewhoholdsappointmentonacontract basis, is taken—(a)to be an employee of the Crown;
and(b)to be within the application of
theIndustrial RelationsAct 2016to
employees of the Crown as provided by thatAct.5.16Special constables(1)The
commissioner may, in writing, appoint on such terms andconditionsasthecommissionerthinksfitsuchnumberofpersonstobespecialconstablesas,inthecommissioner’sopinion, is
necessary for the effectual administration of thisAct
and the efficient and proper discharge of the prescribedresponsibility.(2)A
special constable—(a)is not an employee of the Crown in
right of the State orof the commissioner;(b)isnotentitledtosalary,allowancesorotherremuneration,exceptasprovidedforinthespecialconstable’s instrument of
appointment;(c)has, during the continuance of the
appointment as such,the powers and duties of an officer as
specified in thespecialconstable’sinstrumentofappointment,andnoother.(3)Subject to subsection (2), such of the
provisions of this Actrelatingtoofficersasmaybereasonablyappliedtospecialconstables so
apply, as if a special constable were an officer.Current as at [Not applicable]Page
41
Police
Service Administration Act 1990Part 5 Appointment
of personnel[s 5.17]Notauthorised—indicativeonly5.17Authorisation of
non-State police officers(1)Thissectionappliesifthecommissionerreasonablybelieves—(a)aterroristacthasbeencommittedorthereisanimminent threat of a terrorist act;
and(b)the help of a non-State police officer
is urgently neededto enable the Queensland Police Service to
continue toperform its functions effectively while
responding to theterrorist act or threat; and(c)itisimpracticableinthecircumstancestoappointtheofficer as a special constable.(2)The commissioner may authorise the
non-State police officertoexercisethepowersofapoliceofficerunderthePolicePowers and
Responsibilities Act 2000(thePolice
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)Theauthorisationmaybegivenorallyorinwritingbut,ifgivenorally,mustbeputinwritingassoonasreasonablypracticable.(6)A
failure to put the authorisation in writing does not
invalidatethe authorisation or anything done under the
authorisation.(7)While the authorisation is in force,
the non-State police officermay exercise the
powers only—(a)in accordance with the authorisation;
and(b)subject to the directions of the
commissioner or anotherState police officer.(8)ThePoliceActappliestothenon-Statepoliceofficer,inrelation to the exercise of the powers, as
if the officer were aState police officer.Page
42Current as at [Not applicable]
Police Service Administration Act 1990Part
5 Appointment of personnel[s 5.17]Notauthorised—indicativeonly(9)Thecommissionermustensurethat,assoonaspracticableafter the
authorisation is given, the non-State police officer isgiven an appropriate explanation of the
officer’s powers andresponsibilities under the Police
Act.(10)Part 10 applies
to the non-State police officer as if the officerwere
a State police officer.(11)The commissioner
must revoke the authorisation as soon asthecommissionerissatisfiedthenon-Statepoliceofficer’shelp is no
longer needed.(12)The revocation
may be made orally or in writing but, if madeorally,mustbeputinwritingassoonasreasonablypracticable.(13)A
failure to put the revocation in writing does not invalidatethe
revocation.(14)Thecommissionermayonlydelegatethecommissioner’sauthorisation
power to a State police officer of the rank of atleast assistant commissioner.(15)Thecommissionermustinclude,intheannualreportforafinancialyear,thefollowinginformationaboutanyauthorisationsmadeunderthissectionduringthefinancialyear relating to
a terrorist act or threat—(a)the nature of
the act or threat;(b)the number of non-State police
officers authorised andthe 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 andproblems.(16)Thissectiondoesnotpurporttoconferadutyonafederalpolice officer
to perform a function, or to exercise a power, iftheconferralofthedutywouldbebeyondthelegislativepower of the
Parliament of the State.(17)In this
section—Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5 Appointment of personnel[s
5.18]authorisation powermeans the power
to give or revoke anauthorisation under this
section.federalpoliceofficermeansamemberoftheAustralianFederal
Police.non-Statepoliceofficermeansapoliceofficerofapoliceforce or service of another State or a
federal police officer.State police officermeans a police officer of the
QueenslandPolice Service.terrorist
actsee thePolicePowersandResponsibilitiesAct2000, section
211.Division 2Watch-house
officers5.18Appointment of watch-house
officers(1)This section applies if the
commissioner proposes to appoint apersonwhoisoristobecomeastaffmembertobeawatch-house officer.(2)Thecommissionermayappointthepersononlyifthecommissionerissatisfiedthepersonhasappropriatequalifications
and experience for performing the functions ofa watch-house
officer.(3)Apersonhasappropriatequalitiesandexperienceforappointmentasawatch-houseofficeronlyifthecommissioner is satisfied the
person—(a)hascompletedacourseoftrainingapprovedbythecommissioner for
the purpose; or(b)possessesappropriatequalifications,standingandexperienceforperformingthefunctionsofawatch-house officer.Note—Staff members
are appointed under thePublicServiceAct2008orsection 8.3(5) and are not police officers.
Also, this section does notaffectthepowersofthecommissionertoappointwatch-housePage 44Current as at [Not applicable]
Police Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.1]managers.Forthedefinitionwatch-housemanager,seethePolicePowers and
Responsibilities Act 2000, schedule 6.Notauthorised—indicativeonlyPart
5AAlcohol and drug testsDivision 1General5A.1Object of pt 5AThe objects of
this part are—(a)to ensure appropriate steps are taken
in the interests ofthe health and welfare of relevant persons;
and(b)to enhance the public’s confidence in
the service and theintegrityoftheserviceinwhichrelevantpersons,including
persons who are not members of the service,performfunctionsassociatedwith,orancillaryto,thefunctions of the service.5A.2Definitions for pt 5AIn
this part—alcoholtestmeansatestfordecidingwhetherarelevantperson is over
the limit applying to the person when the test isconducted.analystmeansapersonwho,undersection
5A.4A,isappointed as an analyst.authorised personmeans—(a)inallcases—thecommissionerordeputycommissioner;
or(b)for an alcohol test or a random
alcohol test—(i)if the person to be tested is a police
recruit, staffmemberorrelevantPSBAemployee—acommissioned
officer; orCurrent as at [Not applicable]Page
45
Police
Service Administration Act 1990Part 5A Alcohol
and drug tests[s 5A.2]Notauthorised—indicativeonlyPage 46(ii)otherwise—theassistantcommissioneroracommissionedofficerwhoholdsrankabovetherank
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)isabovetherankoftheoperativetobetested; 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, staffmemberorrelevantPSBAemployee—acommissioned
officer; or(ii)otherwise—theassistantcommissioneroracommissionedofficerwhoholdsrankabovetherank
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, staffmemberorrelevantPSBAemployee—acommissioned
officer; or(ii)otherwise—theassistantcommissioneroracommissionedofficerwhoholdsrankabovetherank
of the person to be tested.criticalareameansanyofthefollowinginwhichapolicerecruit,staffmemberorrelevantPSBAemployeeperformsfunctions for the police service—(a)a communications centre;(b)a driver training facility;(c)afacilityusedforstoringdangerousdrugsunderthePolicePowersandResponsibilitiesAct2000,chapter21, part
4;(d)a magazine used for storing
explosives;Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.2](e)a
police armoury or weapons collection facility;(f)a
property point as defined under thePolice Powers
andResponsibilities 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 incidentmeans—(a)an incident in which it was necessary
for an officer onduty to discharge a firearm in circumstances
that causedor 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 becauseof which a person is admitted to
hospital for treatmentof injuries—(i)a
vehicle pursuit;(ii)a workplace
incident at a police station or policeestablishment.dangerousdrugmeansadangerousdrugundertheDrugsMisuse Act
1986.deputycommissionermeanstheexecutiveofficerholdingrank as deputy
commissioner.evidence, of a targeted
substance in a person’s urine, includesevidenceofthepresenceofthefollowingintheperson’surine—(a)a
targeted substance;(b)a substance that is used in a targeted
substance;(c)a metabolite of a targeted
substance.general alcohol limitmeans the
general alcohol limit undersection
5A.6(1)(c).Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5A Alcohol and drug tests[s
5A.3]lowalcohollimitmeansthelowalcohollimitundersection
5A.6(1)(b).medicalexaminationincludesmedicalassessmentandtest,whether physical
or mental.noalcohollimitmeansthenoalcohollimitundersection
5A.6(1)(a).operativemeans a police
officer who is—(a)a participant in an authorised
operation under thePolicePowers and
Responsibilities Act 2000, chapter 11; or(b)a
covert operative for a controlled operation under theCrime and Corruption Act 2001,
chapter 3, part 6A.overthelimit,inrelationtoarelevantperson,meanstheperson is over the general alcohol limit,
the low alcohol limitor the no alcohol limit applying to
the person.random alcohol testmeans an alcohol
test conducted undersection 5A.9.relevant
personsee section 5A.3.relevantPSBAemployeemeansaPSBAemployeewhoseduties include
performing functions—(a)in a critical
area; or(b)prescribed by regulation.targeted substancemeans—(a)a dangerous drug; or(b)another substance mentioned in section
5A.4(c) or (d).targeted substance testmeans a test for
deciding whether arelevantpersonhasevidenceofatargetedsubstanceintheperson’s
urine.5A.3Persons 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
48Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.4](a)anofficer,whetherornottheofficerisasecondedofficer;
or(b)astaffmemberwhosedutiesincludeperformingfunctions 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 inwhich the functions are performed is a
driver training facility,thispartappliestothestaffmemberorrelevantPSBAemployeeonlyifthememberoremployeeisadriver,instructor or
mechanic at the facility.5A.4Substances to
which pt 5A appliesThispartappliesonlyinrelationtothefollowingsubstances—(a)alcohol;(b)a
dangerous drug;(c)a substance that is a controlled drug,
a restricted drug ora poison under theHealth Act
1937that may impair aperson’s
physical or mental capacity;(d)another substance that may impair a person’s
physical ormental capacity.5A.4AAnalystsThe Minister
may, by gazette notice, appoint as an analyst forthispart,apersontheMinisterissatisfiedhasappropriatequalifications,standingandexperiencetobeananalystforthis part.Current as at
[Not applicable]Page 49
Police
Service Administration Act 1990Part 5A Alcohol
and drug tests[s 5A.5]5A.5Part
does not affect other powersThispartdoesnotaffectthecommissioner’spowersundersection
8.3.Notauthorised—indicativeonlyDivision 2Provisions about
alcohol testing5A.6When is a person over the limit(1)For this part—(a)a
person is over theno alcohol limitif the
concentrationofalcoholintheperson’sbreathismorethan0gofalcohol in 210L
of breath;(b)apersonisoverthelowalcohollimitiftheconcentration of
alcohol in the person’s breath is, or ismore than, 0.02g
of alcohol in 210L of breath;(c)apersonisoverthegeneralalcohollimitiftheconcentration of alcohol in the
person’s breath is, or ismore than, 0.05g of alcohol in 210L of
breath.(2)For this Act, the concentration of
alcohol in a person’s breathmay be expressed
as—(a)aspecifiednumberofgramsofalcoholin210Lofbreath; 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 as0.063g of alcohol in 210L of breath or
as 0.063g/210L.5A.7Alcohol 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 50Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.8](2)Also,arelevantpersonmustbeunderthegeneralalcohollimit when not rostered for duty but
permanently on call fordutyinaplacewherethereisapolicestationatwhichnomore
than 1 or 2 officers are permanently stationed.(3)However,iftherelevantpersonisamemberofthespecialemergency response team, the person must not
be over the noalcohol limit when reporting for duty, while
on duty, or whileon call on a rotational basis.(4)Thissectiondoesnotapplytoarelevantpersonwhoisapolice officer to the extent it prevents the
person consumingalcoholwhileperformingdutiesunderanexemptionundersection 5A.9(4).5A.8Circumstances for alcohol testingAn
authorised person may require a relevant person to submitto
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 iscontravening or has contravened section
5A.7; or(d)foranofficerwhoisanapplicanttobecomeanoperative, the person is required to undergo
a medicalexamination for deciding the person’s
suitability to bean operative.5A.9Random alcohol testing(1)An
authorised person may require a relevant person to submitto a
random alcohol test.(2)However, an
authorised person other than the commissionerordeputycommissionermayrequiretherelevantpersontosubmit to the test—(a)only with the written approval of the
commissioner ordeputy commissioner; orCurrent as at
[Not applicable]Page 51
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5A Alcohol and drug tests[s
5A.10](b)only if the test is conducted in
accordance with criteriaprescribedunderaregulationforconductingrandomalcohol tests without the approval of the
commissioneror deputy commissioner.(3)For
subsection (2)(b), a regulation may prescribe the criteriafor
deciding—(a)whenandwherearandomalcoholtestmaybeconducted; and(b)when
a random alcohol test may be conducted withouttheapprovalofthecommissionerordeputycommissioner.(4)Also,thecommissionerordeputycommissionermay,inwriting, exempt a relevant person or
class of relevant personfrom random alcohol testing, either
generally or in particularcircumstances.Examples—1The relevant person may be an
operative.2The relevant person may be required to
consume alcohol at a hotelwhen keeping a person suspected of
engaging in criminal activitiesunder
surveillance.(5)Thepowertoapproverandomalcoholtestingunderthissection can not be delegated.5A.10Providing specimen of breath for
alcohol test or randomalcohol test(1)If a
relevant person is required to submit to an alcohol test or
arandom alcohol test under this part, an
authorised person mayrequire the relevant person to provide
a specimen of breath forthe test.(2)Theauthorisedpersonmayrequiretherelevantpersontoprovide the specimen to the authorised
person’s satisfaction.(3)The relevant
person must comply with a requirement undersubsection
(2).(4)The authorised person must perform the
test—Page 52Current as at
[Not applicable]
Police Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.11](a)using an instrument approved by the
commissioner forthe purpose; and(b)inaccordancewith themanufacturer’sinstructionsforuse
of the instrument.Notauthorised—indicativeonly5A.11Failure to provide specimen of
breathA relevant person who fails to provide a
specimen of breath asrequired is taken to have been tested
for alcohol and to havebeen over the limit for alcohol
applying to the person whenthe failure
happened.Division 3Provisions about
drug testing5A.12Targeted substance levels(1)A relevant person must not have
evidence of a dangerous drugpresent in the
person’s urine at any time.(2)A
relevant person, who is lawfully taking a targeted substancementioned in section 5A.4(c) or (d), must
not perform dutiesin or involving an operational capacity or
critical area if thesubstance impairs the person’s
capacity to perform the dutieswithout danger
to the person or someone else.(3)Arelevantpersonmustnothavepresentintheperson’surine—(a)evidenceofatargetedsubstancementionedinsection 5A.4(c) that the person may not
lawfully take; or(b)evidenceofhavingtakenatargetedsubstancementioned in section 5A.4(c) or (d) in a way
contrary toadirectionofadoctororarecommendationofthemanufacturer of the substance.5A.13Circumstances for targeted substance
testing(1)An authorised person may require a
relevant person to submitto a targeted substance test
if—Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 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)isanofficerwhoisanapplicanttobecomeanoperativeandisrequiredtoundergoamedicalexaminationortestfordecidingtheperson’ssuitability to
be a covert operative; or(b)anauthorisedpersonreasonablysuspectstherelevantpersoniscontraveningorhascontravenedsection
5A.12.(2)Also, an authorised person may require
a person who has beennotified of the person’s appointment
as a recruit to submit to atargetedsubstancetestbeforethepersonstartsthetrainingnecessary to
become an officer.5A.14Providing specimen for targeted
substance test(1)An authorised person may require a
relevant person to provideaspecimenofurinetoadoctororregisterednurseforatargetedsubstancetestataplaceandtimespecifiedbytheauthorised
person.(2)If the specimen is required because of
section 5A.13(1)(a)(i),the requirement must be made, and the
specimen provided, assoonasreasonablypracticableafterthecriticalincidenthappened.(3)A
doctor or registered nurse may give reasonably necessarydirections to the relevant person about how
the specimen is tobe provided and providing a sufficient
specimen for testing.(4)However, a
direction given under subsection (3) must not beinconsistentwithanyrequirementsaboutthecollectionofurine specimens prescribed under a
regulation for this section.(5)Subject to subsection (4), the relevant
person must provide thespecimen in accordance with the
directions of a doctor or aregistered
nurse.Page 54Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.15](6)If
the relevant person acts in accordance with the directions
ofthedoctororregisterednursebuthasareasonableexcuse,because of a medical condition, for being
unable to provide aspecimen of urine—(a)the
person does not contravene subsection (5); and(b)the
failure to provide the specimen is not to be taken as apositive test for this part.(7)Assoonaspracticableafteraspecimenofurinehasbeenobtained under
this section, the specimen must be dealt within the way
prescribed under a regulation for this section.(8)In
this section—registered nursemeans a person
registered under the HealthPractitioner
Regulation National Law—(a)topractiseinthenursingprofession,otherthanasastudent; andEditor’s
note—Paragraph (a) is an uncommenced
amendment—see 2017 ActNo. 32 s 87(2) sch 1 pt 2.(b)in the registered nurses division of
that profession.5A.15Effect of failure to provide specimen
of urineA relevant person who fails to provide a
specimen of urine istaken, unless section 5A.14(6) applies
to the person, to havebeen tested for a targeted substance
and to have been found tohavehadevidenceofatargetedsubstanceintheperson’surine.Current as at
[Not applicable]Page 55
Police
Service Administration Act 1990Part 5A Alcohol
and drug tests[s 5A.16]Division 4What
happens if a test result ispositiveNotauthorised—indicativeonly5A.16If alcohol or
targeted substance test positive(1)This
section applies if a test conducted under this part shows arelevant person, when tested—(a)was over the limit applying to the
person when the testwas conducted; or(b)hadevidenceofatargetedsubstanceintheperson’surine.(2)The
commissioner may do any 1 or more of the following—(a)suspend the relevant person from duty
until the person isno longer over the relevant alcohol limit or
no longer hasevidence of a targeted substance in the
person’s urine;(b)correct the relevant person by way of
guidance;(c)requiretherelevantpersontoundergocounsellingorrehabilitation approved by the
commissioner;(d)requiretherelevantpersontoattendagovernmentmedicalofficerforamedicalexaminationoftheperson’sfitnesstocontinuetoperformtheperson’scurrent
duties;(e)afterconsideringareportofagovernmentmedicalofficeraboutamedicalexaminationunderparagraph(d), direct the
relevant person to perform other duties forthe time the
commissioner considers necessary;(f)takedisciplinaryorotheractionagainsttherelevantperson under
whichever of the following is relevant—(i)this
Act;(ii)thePublic Service Act 2008;(g)require the relevant person to submit
to further testingfrom time to time until the commissioner is
satisfied thereason for making the requirement no longer
exists.Page 56Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.17]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 targetedsubstance mentioned in section
5A.12(2).(4)Arelevantpersondirectedtoperformotherdutiesundersubsection (2)(e) is entitled to be paid
salary and allowancesat the rate at which the person would
have been paid had theperson not been directed to perform
the other duties.(5)A government medical officer who
prepares a report about amedical examination of a relevant
person may give the reportto the commissioner.5A.17Effect of failure to comply(1)This section applies if a relevant
person—(a)fails to attend or complete
counselling or rehabilitationunder a
requirement under section 5A.16(2)(c); or(b)fails to attend a government medical officer
for medicalexaminationunderarequirementundersection 5A.16(2)(d).(2)Thecommissionermaytakedisciplinaryactionagainsttheperson under whichever of the following is
relevant—(a)this Act;(b)thePublic Service Act 2008.Division 5General5A.18Giving requirementsArequirementunderthispartmaybegivenorallyorinwriting or by any form of electronic
communication.Current as at [Not applicable]Page
57
Police
Service Administration Act 1990Part 5A Alcohol
and drug tests[s 5A.19]5A.19Interfering with specimensApersonmustnotunlawfullyinterferewithaspecimenofbreath or urine provided under this
part.Maximum penalty—100 penalty units.Notauthorised—indicativeonly5A.20Test result
evidence generally inadmissible(1)Evidence of—(a)anything done under this part; and(b)the result of any test conducted under
this part;isinadmissibleinacivilorcriminalproceedingbeforeacourt.(2)Withoutlimitingsubsection (1),evidenceofanyofthefollowingisinadmissibleinacivilorcriminalproceedingbefore 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)adisclosuremadeoranagreemententeredintoundersection
5A.21A.(3)Also, the commissioner and anyone else
involved in any wayinanythingdoneunderthispartcannotbecompelledtoproduce to a court any document kept
or to disclose to a courtany 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 acritical incident; or(b)an inquest in a Coroners Court into
the death of a personin a critical incident; or(c)aproceedingonanapplicationundertheIndustrialRelationsAct2016,section 317forreinstatementbecause of
unfair dismissal.Page 58Current as at
[Not applicable]
Police Service Administration Act 1990Part
5A Alcohol and drug tests[s 5A.21](5)Also, this section does not prevent the
commissioner giving awitness identity protection
certificate under theEvidence Act1977,section 21Fthatincludesmattersmentionedinsection 21G(1)(h) of that Act in relation to
a person who hasbeenfoundguiltyofmisconductorabreachofdisciplinebecause of the
testing of the person under this part.Notauthorised—indicativeonly5A.21Evidentiary provision(1)A certificate apparently signed by an
analyst and stating thefollowing is evidence of what it
states—(a)aspecimenofurineprovidedbyastatedpersononastateddayandatastatedplacewasreceivedfromastated authorised person at the
analyst’s laboratory on astated day and time;(b)the analyst made a laboratory test of
the specimen on astated day and at the stated place;(c)astatedtargetedsubstanceorametaboliteofastatedtargeted
substance was indicated by the laboratory testto be present in
the person’s urine.(2)Acertificateapparentlysignedbyagovernmentmedicalofficerandstatingthatthepresenceofastatedtargetedsubstanceinapersonimpairsormayimpairtheperson’scapacity to
perform the person’s duties without danger to theperson or others is evidence of what it
states.(3)Acertificateapparentlysignedbythecommissionerandstating either of the following is evidence
of what it states—(a)at a stated time a stated officer
performed duties in anoperational capacity in a critical
area;(b)at a stated time a stated staff member
performed dutiesinvolving a critical area.5A.21A
Agreements about counselling and rehabilitation(1)Any
member of the service, whether or not the member is arelevant person or a seconded officer, and
any relevant PSBACurrent as at [Not applicable]Page
59
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5A Alcohol and drug tests[s
5A.21A]employee may make a written request to the
prescribed personfortheprovisionofcounsellingorrehabilitationaboutthemember’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 thememberoremployeewhomayenterintoanagreementforproviding counselling or
rehabilitation.(3)Iftherequestisfromamemberoftheservice,thecommissioner may enter into an agreement to
provide to thememberthecounsellingorrehabilitationapprovedbythecommissioner.(4)If
the request is from a relevant PSBA employee, the PSBAchief operating officer may enter into an
agreement to provideto the employee the counselling or
rehabilitation approved bythe PSBA chief operating
officer.(5)The commissioner or the PSBA chief
operating officer mustnot use information disclosed by a
member or employee underthissectionforthepurposesofdisciplinaryorotheractionagainst the member or employee under this
Act or thePublicService Act
2008.(6)Also, the
commissioner or the PSBA chief operating officermustnotdiscloseinformationinthepossessionofthecommissioner or PSBA chief operating
officer because of arequest 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 operatingofficerconsidersreasonablynecessarytopreventorlessen a serious threat to the public or to
health or safetyofthememberoremployeewhodisclosedtheinformation; or(c)for
the purposes of a claim for compensation under theWorkers’ Compensation and Rehabilitation Act
2003; or(d)iftheinformationrelatestoamemberwhoisanofficer—for the purposes of section
6.1(1)(c) or 8.3.Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s 5A.23](7)A regulation may prescribe the matters
that must be includedin an agreement under this
section.(8)In this section—prescribedpersonmeansapersontowhom,underaregulation,amemberoftheserviceorrelevantPSBAemployee may make a request for the
provision of counsellingor rehabilitation about the member’s
or employee’s personaluse of alcohol or a drug.5A.23Limitation on disciplinary
proceedingsIf 2 or more contraventions of this part by
a particular relevantpersonariseoutofthesamefactsorcircumstances,adisciplinaryproceedingagainsttherelevantpersonmaybestarted for 1
disciplinary offence only.Part 5AAAssessment of
suitability ofpersons seeking to beengaged, or
engaged, by theserviceDivision 1Preliminary5AA.1Purpose of pt 5AAThe purpose of
this part is to ensure the commissioner—(a)maygatheralltherelevantinformationthecommissioner needs about a person engaged or
seekingto be engaged by the service; and(b)mayusetheinformationtoassesstheperson’ssuitabilitytobe,orcontinuetobe,engagedbytheservice.Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5AA Assessment of suitability of persons
seeking to be engaged, or engaged, by theservice[s
5AA.1A]5AA.1A Definition for pt 5AAIn
this part—criminal history, of a
person—(a)meanstheperson’sconvictionsinrelationtooffencescommitted in
Queensland or elsewhere; and(b)includes information about offences of any
kind allegedto have been committed, in Queensland or
elsewhere, bythe person.5AA.2Parliament’s intention(1)It
is Parliament’s intention that relevant information about aperson that is obtained by the commissioner
under this part isto be used only for assessing the person’s
suitability to be, orcontinue to be, engaged by the
service.(2)However,itisnotParliament’sintentiontopreventthecommissioner using information obtained
under this part thatdiscloses the commission of an
offence, or is, or leads to, thediscovery of
evidence of the commission of an offence, for aninvestigation into the offence and any
proceeding started orfacilitated because of the
investigation.5AA.3Meaning ofengaged by the
serviceA person isengaged by the
servicefor this part if the person is1 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)apersonperformingfunctionsatapolicestationorpolice establishment under a contract for
services;Page 62Current as at
[Not applicable]
Police Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s 5AA.4](h)a person working in the service as a
volunteer or as astudent on work experience.Notauthorised—indicativeonly5AA.4This part applies despite the Criminal
Law (Rehabilitationof Offenders) Act 1986This part
applies to a person despite anything in theCriminalLaw
(Rehabilitation of Offenders) Act 1986.5AA.5Person to be advised of duties of
disclosure etc.(1)Before a person, other than a PSBA
employee or an externalservice provider, is engaged by the
service, the commissionermust,ifthecommissionerconsidersthetermsoftheengagement require it—(a)tell the person—(i)oftheperson’sdutytodiscloserelevantinformation under division 2; and(ii)thatthecommissionermayobtainandconsiderrelevantinformationaboutthepersonunderdivisions 3 and 4; and(b)give
the person a copy of the guidelines for dealing withrelevantinformationobtainedbythecommissionerunder this
part.(2)Subsections (3) and (4) apply
if—(a)thePSBAchiefoperatingofficer(arelevantCEO)isintending to
employ a person in the PSBA; or(b)thechiefexecutiveofficer(alsoarelevantCEO)ofanotherentitybecomesawareapersonemployedorengaged 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 bythe service for
this part; andCurrent as at [Not applicable]Page
63
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5AA Assessment of suitability of persons
seeking to be engaged, or engaged, by theservice[s
5AA.6](ii)oftheperson’sdutytodiscloserelevantinformation under division 2; and(iii)that the
commissioner may—(A)obtainandconsiderrelevantinformationabout the person
under divisions 3 and 4; and(B)disclose relevant information to the
relevantCEO under division 4; and(b)give the person a copy of the
guidelines issued by thecommissionerfordealingwithrelevantinformationobtained by the
commissioner under this part.(4)Theinformationrequiredtobegiventothepersonundersubsection (3)
must be given—(a)if the relevant CEO is the PSBA chief
executive—beforethe person is employed by the PSBA;
or(b)otherwise—assoonaspracticableaftertherelevantCEO becomes
aware the person is an external serviceprovider.Division 2Disclosure of
relevant information5AA.6Persons engaged or seeking to be
engaged by theservice must disclose relevant
information(1)Each of the following must, if
required by the commissioner,disclose to the
commissioner any relevant information knowntothepersonthatmayaffecttheperson’ssuitabilitytobeengaged by the service—(a)a person engaged by the
service;(b)a person seeking to be engaged by the
service.(2)Apersonrequiredtodiscloseinformationundersubsection (1)(b) must disclose the
information before beingengaged by the service.Page
64Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s 5AA.7]5AA.7Persons engaged by the service must
disclose changesin relevant informationIfapersonengagedbytheserviceisawarethatthereisachange in relevant information about
the person, the personmust immediately disclose to the
commissioner the details ofthe
change.Note—For some persons
engaged by the service, a failure to disclose a changein
relevant information of which the person is aware may become
thesubject of disciplinary proceedings.5AA.8Requirements for disclosure(1)To comply with section 5AA.6 or 5AA.7,
a person must givethe commissioner a disclosure in the
approved form.(2)Withoutlimitingsubsection (1),theapprovedformmustmakeprovisionforthedisclosureofthefollowingrelevantinformation—(a)the
existence of a conviction or charge;(b)when
an offence was committed or alleged to have beencommitted;(c)details of an offence or alleged
offence;(d)foraconviction—whetherornotaconvictionwasrecorded and other details of the
sentence;(e)disciplinary action under a public
sector disciplinary lawinvolving—(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 disciplinaryaction mentioned
in subparagraph (i) or (ii) as thedisciplinaryactionthatwouldhavebeentakenCurrent as at
[Not applicable]Page 65
Police
Service Administration Act 1990Part 5AA
Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s 5AA.9]against the person if the person’s
employment hadnot ended.Notauthorised—indicativeonlyDivision 3Commissioner may
obtain relevantinformation from other entities5AA.9Commissioner may request information
from otherauthorities(1)This
section applies to a person who—(a)is
engaged by the service; or(b)seekstobeengagedbytheserviceandhasgiventhecommissioner a disclosure for the
purposes of division2.(2)Also, this section applies even though the
disclosure does notstate any relevant information about the
person.(3)The commissioner may ask another law
enforcement agency,whether a declared agency, or a law
enforcement agency ofanother country that has an obligation
under the law of thatcountrytoassesstheintegrityofpersonsemployedorengagedbythegovernmentofthatcountry,togivethecommissionerareportthatincludesrelevantinformationabout the
person.5AA.10 Prosecuting authority to notify
commissioner aboutcommittal, conviction etc.(1)This section applies if a person is
charged with an indictableoffence and the director of public
prosecutions is aware thatthe person is engaged by the
service.(2)Thedirectorofpublicprosecutionsmustgivethecommissionerwrittennoticeoftheperson’snameandthefollowing
particulars within 7 days after the director of publicprosecutions becomes aware of the
particulars—(a)ifthepersoniscommittedbyacourtfortrialforanindictable offence—Page
66Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s
5AA.10](i)the court committing the person for
trial; and(ii)particulars of
the offence with which the person ischarged;
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 orthe
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, andhasappealedtheconviction,andtheappealisfinallydecided or has
otherwise ended—(i)particularsoftheoffenceofwhichthepersonisconvicted; and(ii)thedatetheappealwasdecidedorotherwiseended;
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 beingconvicted of an indictable
offence—(i)ifrelevant—thecourtinwhichtheprosecutionprocess ended;
and(ii)particularsoftheoffencewithwhichthepersonwas 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—Current as at
[Not applicable]Page 67
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5AA Assessment of suitability of persons
seeking to be engaged, or engaged, by theservice[s
5AA.10A](i)a nolle prosequi is entered on the
indictment; or(ii)the person is
acquitted; or(b)the prosecution process has otherwise
ended.(4)Areferenceinthissectiontoaconvictionofanindictableoffenceincludesasummaryconvictionofanindictableoffence.(5)Subsection (1)doesnotapply if the person is charged by
apolice officer.(6)Subsection (2)(a) does not apply if the
prosecutor appearing isa police officer.(7)Subsection (2)(d)doesnotapplyiftheprosecutionprocessends
while a police officer is in charge of the prosecution.5AA.10A Information about disciplinary action
to be given bychief executive(1)This
section applies if—(a)thecommissionerasksthechiefexecutiveofanotherdepartment(thechiefexecutive)fordisciplinaryinformation the
chief executive has about a person whois or was a
public service employee; and(b)theinformationisreasonablynecessaryforthecommissioner to
make a decision about the suitability ofthe person to be
engaged, or continue to be engaged, asa member of the
service.(2)Theotherchiefexecutivemustgivethedisciplinaryinformationtothecommissionerunlesstheotherchiefexecutive is reasonably satisfied that
giving the informationmay prejudice the investigation of a
contravention or possiblecontravention of the law in a
particular case.(3)In this section—disciplinary
information, in relation to a request made of achief executive about a person, means
information about thefollowingmadeortakenagainstthepersonunderapublicPage 68Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s
5AA.11]sectordisciplinarylawbythechiefexecutiveoranotherentity—(a)a current investigation into whether
the person should bedisciplined;(b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.Division 4Controls on use
of relevantinformation and information aboutparticular investigations5AA.11
Assessment of suitability(1)Thissectionappliestothecommissionerinconsideringrelevant
information about a person under this part.(2)Whenmakingtheassessment,thecommissionermayhaveregardtoallrelevantinformationavailabletothecommissioner,
including, but not limited to—(a)information that is disclosed to the
commissioner underthis part; and(b)information that is made available by a
declared agencyor a law enforcement agency of another
country becauseof a request made under this part;
and(ba)disciplinary
information given to the commissioner by achiefexecutiveofanotherdepartmentundersection 5AA.10A; and(c)information that is stored on—(i)a database kept by the commissioner;
or(ii)adatabasekeptbyanotherlawenforcementagency to which
the commissioner has access; and(d)informationthatisotherwiseavailabletothecommissioner.Current as at
[Not applicable]Page 69
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5AA Assessment of suitability of persons
seeking to be engaged, or engaged, by theservice[s
5AA.12]Examples for subsection (2)—1information obtained from previous
employment checks2fingerprint checks3DNA
tests(3)In addition, information obtained
under this part may be takenintoaccountindecidingaquestionofmeritunderameritprovision.(4)Subsection (3)isinadditiontoanddoesnotlimitameritprovision.(5)In
this section—merit provisionmeans—(a)section 5.2; or(b)thePublic Service Act 2008,
chapter 1, part 4.5AA.12 Particular persons to be advised if
person unsuitable(1)If,becauseofinformationreliedonbythecommissionerunderthispart,thecommissionerconsidersaperson,otherthan
a PSBA employee or an external service provider, maynotbesuitabletobe,orcontinuetobe,engagedbytheservice, the commissioner must, before
deciding the person isnot suitable—(a)disclose the information to the person;
and(b)allowthepersonareasonableopportunitytomakerepresentationstothecommissionerabouttheinformation.(2)The
commissioner must give reasons why the commissionerconsiders the person may not be suitable to
be, or continue tobe, engaged by the service unless the
commissioner considersthe disclosure of the information
may—(a)prejudice the investigation of a
contravention or possiblecontravention of the law; orPage
70Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s
5AA.13](b)enable the existence or identity of a
confidential sourceofinformation,inrelationtotheenforcementoradministration of the law, to be
ascertained; or(c)endanger a person’s life or physical
safety; or(d)prejudicetheeffectivenessofalawfulmethodorprocedureforpreventing,detecting,investigatingordealing with a contravention or possible
contraventionof the law; or(e)prejudicethemaintenanceorenforcementofalawfulmethod or
procedure for protecting public safety; or(f)prejudice national security; or(g)be prohibited under a law of this or
any other State orthe Commonwealth.(3)If,afterconsideringanyrepresentationsmadeundersubsection
(1)(b), the commissioner decides the person is notsuitable to be, or continue to be, engaged
by the service, thecommissionermustgivethepersonawrittennoticestatingthat the person
is not suitable to be, or continue to be, engagedby
the service.(4)Informationreliedonunderthissectiontodecidethataperson is not suitable to be engaged
by the service can not beused for any other purpose, unless its
disclosure is authorisedunder section 5AA.14(3).5AA.13
PSBA employee or external service provider to beadvised if person unsuitable(1)If,becauseofinformationreliedonbythecommissionerunder this part,
the commissioner considers a person who is aPSBA employee or
an external service provider may not besuitable to be,
or continue to be, engaged by the service, thecommissionermust,beforedecidingthepersonisnotsuitable—(a)disclosetheinformationtothepersonandthechiefexecutive
officer of the relevant entity; andCurrent as at
[Not applicable]Page 71
Police
Service Administration Act 1990Part 5AA
Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s 5AA.13]Notauthorised—indicativeonly(b)allowthepersonandthechiefexecutiveofficerareasonableopportunitytomakerepresentationstothecommissioner about the information;
and(c)allowthepersonareasonableopportunitytomakerepresentationstothecommissioneraboutanyrepresentations made to the
commissioner by the chiefexecutive officer.(2)The
commissioner must give reasons why the commissionerconsiders the person may not be suitable to
be, or continue tobe, engaged by the service unless the
commissioner considersthe disclosure of the information
may—(a)prejudice the investigation of a
contravention or possiblecontravention of the law; or(b)enable the existence or identity of a
confidential sourceofinformation,inrelationtotheenforcementoradministration of the law, to be
ascertained; or(c)endanger a person’s life or physical
safety; or(d)prejudicetheeffectivenessofalawfulmethodorprocedureforpreventing,detecting,investigatingordealing with a contravention or possible
contraventionof the law; or(e)prejudicethemaintenanceorenforcementofalawfulmethod or
procedure for protecting public safety; or(f)prejudice national security; or(g)be prohibited under a law of this or
any other State orthe Commonwealth.(3)If,afterconsideringanyrepresentationsmadeundersubsection
(1)(b) or (c), the commissioner decides the personis
not suitable to be, or continue to be, engaged by the
service,the commissioner must give the person and
the chief executiveofficer of the relevant entity a written
notice stating that theperson is not suitable to be, or
continue to be, engaged by theservice.(4)If the person is already employed or
engaged by the entity, thechief executive officer must—Page
72Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s
5AA.13](a)haveregardtothecommissioner’sdecisionthatthepersonisnotsuitabletobeengagedbythepoliceservice and the
reasons for the decision; and(b)considerwhetherappropriatestepsmaybetakentominimise—(i)the
potential adverse effects of the assessment; and(ii)theperson’saccesstoinformationinthepossession of the commissioner;
and(c)advise the commissioner of the chief
executive officer’sdecision.(5)Ifthecommissionerconsidersthestepstakendonotadequately
minimise the person’s access to information in thepossessionofthecommissioner,thecommissionermayaskthe chairperson of the Crime and
Corruption Commission toreview the chief executive officer’s
decision.(6)A review conducted under this
section—(a)must be conducted in private;
and(b)mustbeconductedinthewaydecidedbythechairperson;
and(c)ifthechairpersonconsidersitappropriate,maybeconductedonthepapers,withouthearingsubmissionsfrom any person;
and(d)isnotahearingorinvestigationofakindthechairperson may hold under theCrime and CorruptionAct 2001.(7)The
chairperson’s decision on the review—(a)is
final and conclusive; and(b)cannotbechallenged,appealedagainst,reviewed,quashed, set aside, or called in question in
another way,undertheJudicialReviewAct1991(whetherbytheSupremeCourt,anothercourt,atribunaloranotherentity);
andCurrent as at [Not applicable]Page
73
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 5AA Assessment of suitability of persons
seeking to be engaged, or engaged, by theservice[s
5AA.14](c)is not subject to any writ or order of
the Supreme Court,another court, a tribunal or another entity
on any ground.(8)Informationdisclosedtothechiefexecutiveofficeroftheentity under
subsection (3) must not be disclosed to a memberof a
selection panel or to anyone else, unless this or anotherAct
permits or requires the disclosure.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)inthatcapacityacquiredrelevantinformationaboutsomeone else.(2)The
person must not disclose the information to anyone else.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(3)Subsection (2) does not apply to the
disclosure of informationabout a person, if—(a)the disclosure—(i)is
to a police officer, a public service employee intheservice,oraselectionpanelmember,forthepurpose 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)isofinformationthatisrelevanttoanexistinginvestigation of
an offence; or(iv)isforaproceedingstartedbecauseofaninvestigation mentioned in
subparagraph (iii); or(v)is information
the person may disclose to a personwho is entitled
to ask for it under another Act; orPage 74Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Service Administration Act 1990Part
5AA Assessment of suitability of persons seeking to be engaged, or
engaged, by theservice[s
5AA.15]Example for subparagraph (v)—Public Service Act 2008, section
188B(b)the information discloses evidence of
the commission orsuspectedcommissionofanoffenceandaninvestigationisstartedorfacilitatedbecauseoftheinformation.(4)Also, a person involved in any way in
anything done underthispartcannotbecompelledtoproducetoacourtanydocumentkept,ortodisclosetoacourtanyinformationobtained,
because of the doing of the thing.(5)OtherthantotheextentthePolicePowersandResponsibilitiesAct2000,section 803appliestothedocumentorinformation,subsection
(4)doesnotaffecttheoperation of theJudicial Review
Act 1991.(6)In this
section—disclose, in relation to
information about a person, includesgive access to
information about a person.selection panel
membermeans a member of a panel formedtomakearecommendationtothecommissioneraboutaperson’s engagement by the
service.5AA.15 Guidelines for dealing with relevant
information(1)The commissioner must make guidelines,
consistent with thispart,fordealingwithrelevantinformationobtainedbythecommissioner
under this part.(2)The purpose of the guidelines is to
ensure—(a)natural justice is afforded to the
persons about whom theinformation is obtained; and(b)onlyrelevantinformationisusedinassessingthepersons’ suitability to be, or continue to
be, engaged bythe service; and(c)decisions about the suitability of persons,
based on theinformation, are made in a consistent
way.Current as at [Not applicable]Page
75
Notauthorised—indicativeonlyPolice Service Administration Act
1990Part 6 Standing down and suspension[s
6.1](3)Thecommissionermustgiveacopyoftheguidelines,onrequest, to a person seeking to be engaged,
or engaged, by theservice.Part 6Standing down and suspension6.1Power to stand down and suspend(1)If—(a)it
appears to the commissioner, on reasonable groundsthat—(i)anofficerisliabletobedealtwithforcorruptconduct;
or(ii)anofficerisliabletodisciplinaryactionundersection 7.4;
or(iii)the efficient
and proper discharge of the prescribedresponsibility
might be prejudiced, if the officer’semployment is
continued; or(b)an officer is charged with an
indictable offence; or(c)an officer is
unfit for reasons of health to such an extentthat the officer
should not be subject to the duties of aconstable;the commissioner
may—(d)stand down the officer from duty as an
officer and directthepersonstooddowntoperformsuchdutiesasthecommissioner thinks fit; or(e)suspend the officer from duty.(2)The commissioner may at any time
revoke a standing down orsuspension imposed under subsection
(1).Page 76Current as at
[Not applicable]
Police Service Administration Act 1990Part
6 Standing down and suspension[s 6.2]6.2Salary entitlement if stood
downAn officer who is stood down from duty under
section 6.1 isentitled to be paid salary and allowances at
the rate at whichthe officer would have received salary and
allowances had thestanding down not occurred.Notauthorised—indicativeonly6.3Salary entitlement if suspended(1)An officer suspended from duty under
section 6.1 is entitled tobe paid salary and allowances at the
rate at which the officerwould have received salary and
allowances had the suspensionnot occurred,
unless the commissioner otherwise determinesin a particular
case.(1A)Except that an
officer suspended under section 6.1(1)(c) is tobe entitled to
the salary and allowances to which that officerwas previously
entitled.(2)An officer suspended from duty who is
not entitled to be paidsalary during the suspension—(a)mayreceiveandretainsalary,wages,feesorotherremunerationfromanylawfulsourceduringthesuspension,unlessthecommissionerotherwisedetermines in a particular case; and(b)iftheofficerresumesdutyasanofficerontherevocationofthesuspension—isentitledtoreceive