(1) The Governor-General may from time to time appoint a fit and proper person to be the Commissioner of Police, who shall have the general control of the Police.

(2) The Commissioner shall hold office during the pleasure of the Governor-General.

(1) The Governor-General may from time to time appoint one or more fit and proper persons to be Deputy Commissioners of Police.

(2) Each Deputy Commissioner shall hold office during the pleasure of the Governor-General.

(3) Each Deputy Commissioner shall have and may exercise such of the powers, authorities, duties, and functions of the Commissioner as the Commissioner may delegate to that Deputy Commissioner either generally or in any particular case.

(4) Every delegation under subsection (3) of this section shall be revocable at will, and no such delegation shall prevent the exercise of any powers by the Commissioner.

(5) In the case of absence from duty of the Commissioner (from whatever cause arising) or on the occurrence of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers, authorities, duties, and functions of the Commissioner may be exercised and performed by the Deputy Commissioner longest in office as such.

(6) The fact that a Deputy Commissioner exercises any power, authority, duty, or function, pursuant to this section, shall, in the absence of proof to the contrary, be sufficient evidence of his or her authority to do so.

(1) The Commissioner may from time to time appoint such sworn and non-sworn members of the Police as the Commissioner thinks necessary for the efficient exercise of the functions, duties, and powers of the Police.

(1A) The power conferred by subsection (1) of this section includes power—

• (a) To engage an appointee for such period as the Commissioner and the appointee may agree:

• (b) To appoint acting or temporary or casual appointees.

(2) Where the Commissioner thinks it is necessary to do so for the efficient exercise of the powers, functions, and duties of the Police, the Commissioner may designate any position within the Police that may be filled by any member of the Police.

(3) The Commissioner may assign to any sworn member of the Police such rank as the Commissioner considers appropriate.

(4) Subject to—

• (a) The provisions of this Act, any general instructions issued under section 30 of this Act, and any regulations made under section 64 of this Act; and

• (b) The conditions of employment set out in any agreement under section 67 or section 75 of this Act; and

• (c) The conditions of employment set out in any individual contract of service under this Act,—

the Commissioner may at any time remove any member of the Police from that member's employment.

(5) Except as otherwise expressly provided in this Act, the Commissioner shall have all of the rights, duties, and powers of an employer in respect of all members of the Police.

(6) Nothing in subsection (5) of this section shall limit or affect the powers and duties conferred or imposed on the office of constable by common law or any enactment.

(7) Without limiting subsection (4) of this section, where the Commissioner is satisfied that any sworn member of the Police is guilty of any misconduct or neglect of duty, the Commissioner may impose all or any of the following penalties:

• (a) Reduction to any rank, whether commissioned or otherwise:

• (b) Reduction in seniority by any specified number of years:

• (c) Reduction in pay for any specified period:

• (d) A fine not exceeding $500.

(8) Where subsection (7) of this section applies, the Commissioner may order the payment by the member concerned of such sum as the Commissioner thinks just and reasonable towards the costs of any inquiry into that member's misconduct or neglect of duty.

(1) The Commissioner may institute the removal of a member of the Police from that member's employment if, following an inquiry under section 12 of this Act into alleged misconduct (in the case of a sworn member of the Police), or following an investigation into alleged serious misconduct (in the case of a non-sworn member of the Police), the Commissioner has reasonable grounds for believing—

• (a) That the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within the Police or which tends to bring the Police into disrepute; and

• (b) That the removal of the member is necessary to maintain good order and discipline within the Police or to avoid bringing the Police into disrepute.

(2) Subsection (1) of this section applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind.

(1) Except as otherwise expressly provided in this Act or any other enactment,—

• (a) No non-sworn member of the Police shall have or may exercise in relation to members of the public any of the powers, functions, or duties of a member of the Police under this Act or any other enactment or at common law; and

• (b) No reference in this Act or any other enactment to any member of the Police shall be read as including a reference to a non-sworn member of the Police.

(2) Any non-sworn member of the Police may, on being authorised to do so by warrant under the hand of the Commissioner, exercise any particular power, function, or duty of a member of the Police under any enactment other than this Act, except a power to arrest or search any person.

(3) It is the duty of every person exercising any power, function, or duty under a warrant issued under subsection (2) of this section—

• (a) To have the warrant with him or her; and

• (b) To produce the warrant during the exercise of any such power, function, or duty, if requested.

(4) In any of the enactments specified in subsection (5), a reference to a member of the police that is not expressly limited to a sworn member of the police includes a reference to a non-sworn member of the police.

(5) The enactments referred to in subsection (4) are as follows:

• (a) sections 5, 10, 11, 13, 15, 30, 39 to 44, 51, 52, 54(1), 55, 55A, 57 to 59, 61A, 64, 76 to 79, and 96 of this Act:

• (b) section 52(1)(b) of the Electoral Act 1993:

• (c) section 8(g) of the Juries Act 1981:

• (d) the Independent Police Conduct Authority Act 1988:

• (e) section 24 of the Summary Offences Act 1981.

The Commissioner shall operate a personnel policy that complies with the principle of being a good employer by following, subject to this Act, as closely as possible and as if he or she were the chief executive of a Department, the provisions of sections 56 and 58 of the State Sector Act 1988.

The Commissioner, in making an appointment under section 5 of this Act, shall give preference to the person who is best suited to the position.

Except as otherwise provided in regulations made under section 64 of this Act, where the Commissioner intends to fill a position that is vacant or is to become vacant in the Police, the Commissioner shall, wherever practicable, notify the vacancy or prospective vacancy in a manner sufficient to enable suitably qualified persons to apply for the position.

Except as otherwise provided in regulations made under section 64 of this Act, the Commissioner shall notify the members of the Police of every appointment (other than that of an acting, temporary, or casual appointee) to a vacant position in the Police.

(1) The Commissioner shall establish, after consultation with the State Services Commission, a procedure for reviewing appointments made under section 5 of this Act and refusals to permit members to leave the Police under section 28D of this Act, that are the subject of any complaint by a member of the Police.

(2) Nothing in subsection (1) of this section shall apply to—

• (a) Any acting, temporary, or casual appointment; or

• (b) Any appointment to any position to which section 76 of this Act applies.

(1) Where any misconduct or neglect of duty is alleged against any sworn member of the Police, the Commissioner may appoint one or more persons to inquire into the alleged misconduct or neglect of duty and to report to the Commissioner on that matter.

(2) Where such an allegation is made against any sworn member of the Police, the Commissioner may suspend the member from duty under section 32 of this Act, but shall not take any other action against that member in respect of a matter being investigated under this section until the Commissioner has considered the report to be provided under this section.

(3) The person or persons holding the inquiry shall—

• (a) Take all reasonable steps to ensure that the member against whom the allegation is made is given notice of the reasons for the inquiry; and

• (b) Give the member or his or her counsel or agent a reasonable opportunity to make submissions and be heard in respect of the allegation.

(4) The person or persons holding the inquiry shall follow the procedure prescribed in regulations made under section 64 of this Act, but may receive any relevant information whether or not the same information would be admissible in a Court of law.

(5) For the purposes of this section the person or persons holding any such inquiry shall have the same powers and authority to summon witnesses and receive evidence as are conferred upon Commissions of Inquiry by the Commissions of Inquiry Act 1908, and the provisions of that Act, except sections 11 and 12 (which relate to costs), shall apply accordingly.

(6) No person shall be called upon to produce any paper, document, record, or thing, or give any evidence if the Minister certifies in writing that to do so would be injurious to the public interest or the interests of the Police.

(7) So long as any person engaged in any inquiry under this section acts bona fide in the discharge of that person's duties, no action shall lie against that person for anything that he or she may report or say in the course of the inquiry.

(8) Every witness attending and giving evidence and every counsel or agent appearing at any inquiry under this section shall have the same privileges and immunities as witnesses and counsel in Courts of law.

(9) Where the allegation under inquiry involves 2 or more sworn members of the Police, the person or persons holding the inquiry may hear the cases together.

(1) In the case of the absence from duty of any member of the Police other than the Commissioner (from whatever cause arising) or on the occurrence from any cause of a vacancy (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, or for any other special purpose, the Commissioner may—

• (a) Authorise any member of the Police to exercise all or any of the powers and duties under this Act or any other Act, of any rank higher than that member's own rank; or

• (b) Appoint any member of the Police temporarily to any higher rank, whether commissioned or non-commissioned.

(2) Any authority or appointment under this section may be given or made before the occasion arises or while it continues, and no such authority or appointment, and nothing done by any member of the Police acting pursuant to any such authority or appointment, shall be questioned in any proceedings on the ground that the occasion has not arisen or had ceased, or on the ground that the member had not been appointed to any rank to which the authority relates.

(3) The Commissioner may at any time revoke any authority given or any appointment made under this section.

(1) No sworn member of the Police may resign his or her office unless that member has given to the Commissioner not less than 14 days notice in writing of his or her intention to resign, or has been authorised in writing by the Commissioner to resign.

(2) Except with the permission of the Commissioner, no sworn member of the Police may withdraw any such notice of intention to resign.

(3) Where in the opinion of the Governor-General special circumstances require that no sworn member of the Police shall resign without permission, the Governor-General may, by Warrant under the Governor-General's hand, declare that no sworn member of the Police shall resign except on the conditions set out in the Warrant.

(4) Any sworn member who resigns his or her office otherwise than in accordance with the provisions of this section, or otherwise than in accordance with the provisions of a Warrant for the time being in force under this section, or who deserts from the Police, commits an offence and shall be liable to a fine not exceeding $100 or to forfeit all pay then due or becoming due to him or her as a member of the Police, or both.

(1) Where the Commissioner at any time finds in respect of any duties being carried out by the Police—

• (a) That those duties are no longer to be carried out by the Police; or

• (b) That a greater number of members of the Police is employed on those duties than is considered by the Commissioner to be necessary for the efficient carrying out of those duties,—

the Commissioner may, without complying with sections 8 and 9 of this Act, but subject to the provisions of any agreement under section 67 or section 75 of this Act and to subsections (2) and (3) of this section, appoint to other positions in the Police any or all of the members who are carrying out those duties.

(2) The only appointments that may be made under this section shall be—

• (a) The appointment of any sworn member of the Police to a sworn position; and

• (b) The appointment of any non-sworn member of the Police to a non-sworn position.

(3) Before making an appointment under this section, the Commissioner shall consult with the member about the proposed appointment.

(4) Nothing in section 11 of this Act applies in relation to any appointment made under this section.

In this Part of this Act, unless the context otherwise requires,—

Terms and expressions defined in the Government Superannuation Fund Act 1956 shall, when used in this Part of this Act, have the meaning so defined.

(1) The Commissioner may exercise in respect of members of the Police the powers conferred by section 84A of the State Sector Act 1988 (which relates to the establishment of superannuation schemes for employees) on any employer in the State services, and that section and sections 84B to 84D of that Act shall apply accordingly with all necessary modifications.

(2) This section shall have effect notwithstanding anything in section 96 of this Act.

(1) Any member of the Police who is certified by 2 medical practitioners nominated by the Commissioner and approved under subsection (5A) of this section to be substantially medically unfit (whether the unfitness relates to the physical or mental condition of the member) to perform any specified duties in the Police which the Commissioner considers suitable for him may be required by the Commissioner by notice in writing to retire from the Police within such time, being not less than one month, as may be specified in the notice:

Provided that the member may, with the consent of the Commissioner, waive his right to notice and retire immediately.

(2) Any member required under this section to retire from the Police shall, on the expiration of the time specified in that behalf in the notice, cease to be a member:

Provided that where an appeal is commenced under subsection (3) of this section, the appellant shall not cease to be a member until he has been notified by the Commissioner of the result of the appeal.

(3) Any member who is required under this section to retire from the Police may appeal against the requirement.

(4) Every appeal shall be commenced by notice of appeal delivered to the Commissioner within 7 days after the receipt of the notice referred to in subsection (1) of this section.

(5) Any appeal under this section shall be determined by 3 medical practitioners of whom one shall be appointed by the Commissioner and approved under subsection (5A) of this section and one by the appellant and the third by agreement between the medical practitioners already appointed or, failing agreement, by the Director-General of Health. Any decision of a majority of the medical practitioners appointed as aforesaid shall be the decision in the appeal.

(5A) Every medical practitioner nominated under subsection (1) of this section or appointed by the Commissioner under subsection (5) of this section shall,—

• (a) Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner approved by the Government Superannuation Fund Authority; and

• (b) Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner approved by the trustees of that scheme.

(6) Subject to the provisions of subsection (5) of this section the medical practitioners appointed under that subsection after full inquiry may dismiss the appeal or allow the appeal subject to the appellant complying with any conditions specified by them.

(7) Where any member of the Police who is a member of the Government Superannuation Fund Police Sub-Scheme retires from the Police under this section, that member of the Police shall, subject to section 88F of the Government Superannuation Fund Act 1956, be entitled to a retiring allowance calculated in accordance with that section.

(8) Where any member of the Police who is a member of a State services superannuation scheme retires from the Police under this section, that member of the Police shall, subject to the provisions of that scheme, be entitled to the benefits provided for in the event of retirement from the Police.

(1) For the purpose of sections 11(1) and 28C of this Act, the Commissioner shall from time to time, after consultations with the service organisations, and with the Government Superannuation Fund Authority, and with the trustees of each State services superannuation scheme, prescribe by general instructions issued under section 30 of this Act standards of medical and physical health required of members of the Police to ensure that they are fit to perform competently the duties of their rank and any other duties that may reasonably be required of them from time to time.

(2) Any such standards may be expressed to apply to all members of the Police generally, or to any particular class of members, whether designated by reference to rank, duties, or age, or otherwise.

Sections 28C and 28D of this Act shall apply to and in respect of every member of the Police who is a member of the Government Superannuation Fund Police Sub-Schemeor who is a member of a State services superannuation scheme.

(1) If, in respect of any member of the Police to whom this section applies, the Commissioner is satisfied that the member is incapable of performing competently the duties of the member's rank and any other duties that may reasonably be required of the member from time to time, and—

• (a) Two medical practitioners nominated by the Commissioner and approved under subsection (1A) of this section certify—

  • (i) That the member's incapacity is referable to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act; and

  • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

• (b) Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved under subsection (1A) of this section certify—

  • (i) That the member's incapacity is referable to the member's psychological unfitness; and

  • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

• (c) Two medical practitioners or a medical practitioner and a psychologist nominated in each case by the Commissioner and approved under subsection (1A) of this section certify—

  • (i) That the member's incapacity is referable in part to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act and in part to the member's psychological unfitness; and

  • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance,—

the Commissioner may require the member, by notice in writing, to leave the Police within such time, being not less than one month, as may be specified in the notice.

(1A) Every medical practitioner or psychologist nominated under subsection (1) of this section by the Commissioner shall,—

• (a) Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Fund Authority; and

• (b) Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.

(2) In any case to which subsection (1) of this section applies, the member may, with the consent of the Commissioner, waive the right to notice and leave the Police immediately.

(3) Subject to subsection (4) of this section, a member who is required under this section to leave the Police shall cease to be a member of the Police on the expiration of the time specified in that behalf in the notice or (where the member waives the right to notice with the consent of the Commissioner under subsection (2) of this section) on the date on which the Commissioner gives to the member written notice of consent to the waiver.

(4) Where the member takes a personal grievance action under section 87 of this Act in respect of the requirement to leave the Police, the member shall remain a member of the Police until the action is disposed of; but if reinstatement is not ordered, the member shall cease to be a member of the Police on the date on which written notice of the decision disposing of the action is given to the member.

(1) On the application of any member of the Police to whom this section applies, the Commissioner may permit the member to leave the Police under this section if the Commissioner is satisfied that the member is incapable of performing competently the duties of the member's rank and any other duties that may reasonably be required of the member from time to time, and—

• (a) Two medical practitioners nominated by the Commissioner and approved under subsection (1A) of this section certify—

  • (i) That the member's incapacity is referable to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act; and

  • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

• (b) Two persons, each of whom shall be either a medical practitioner or a psychologist, nominated by the Commissioner and approved under subsection (1A) of this section certify—

  • (i) That the member's incapacity is referable to the member's psychological unfitness; and

  • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

• (c) Two medical practitioners or a medical practitioner and a psychologist nominated by the Commissioner and approved under subsection (1A) of this section certify—

  • (i) That the member's incapacity is referable in part to the member's inability to meet any standards of medical or physical health prescribed by the Commissioner under section 28A(1) of this Act and in part to the member's psychological unfitness; and

  • (ii) That the member has failed to respond, or is unlikely to respond, within a reasonable time to treatment, counselling, or other remedial assistance; or

• (d) The Commissioner is satisfied that the member's incapacity is referable to any personal factor relating to the special circumstances of the member and directly attributable to the member's service with the Police.

(1A) Every medical practitioner or psychologist nominated under subsection (1) of this section by the Commissioner shall,—

• (a) Where the member of the Police whose fitness is under consideration is a member of the Government Superannuation Fund Police Sub-Scheme, be a medical practitioner or psychologist approved by the Government Superannuation Fund Authority; and

• (b) Where the member of the Police whose fitness is under consideration is a member of a State services superannuation scheme, be a medical practitioner or psychologist approved by the trustees of that scheme.

(2) Where the Commissioner decides to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision, and the member shall cease to be a member of the Police on the date specified in that behalf in the notice.

(3) Where the Commissioner refuses to permit any member to leave the Police under this section, the Commissioner shall give to the member written notice of the decision.

Every person who ceases to be a member of the Police under section 28C or section 28D of this Act shall be entitled to receive such allowances and other benefits as may be prescribed in that behalf by or under the Government Superannuation Fund Act 1956 or the State services superannuation scheme to which that person belongs, as the case may require.

(1) This Part of this Act shall come into force on the 1st day of April 1959.

(2) Sections 12 and 19 of the Police Force Act 1947 and section 4 of the Police Force Amendment Act 1954 are hereby repealed.

(1) The Commissioner may from time to time issue general instructions, not inconsistent with the provisions of this Act or regulations made thereunder, and all members of the Police shall obey and be guided by those instructions.

(1A) In any such general instructions, the Commissioner may, in respect of sworn members of the Police, fix any conditions of employment that are not for the time being fixed under section 67 of this Act.

(2) Every general instruction shall remain in force until cancelled by the Commissioner.

(3) A general instruction is deemed to have been communicated to a member of the Police when the instruction has been—

• (a) Published in the Police Gazette; or

• (b) Published in a Police magazine that is published under the authority of the Commissioner and distributed to all members; or

• (c) Published in a manual of general instructions issued by the Commissioner to all members; or

• (d) In the case of a member of a particular group of Police, published in a manual of instructions issued by the Commissioner to members of that particular group; or

• (e) Brought to the personal notice of the member.

(4) The production at any inquiry or investigation under this Act of a copy of any of the publications referred to in paragraphs (a) to (d) of subsection (3) that purports to contain a copy of any general instruction is sufficient evidence of the making, publication, and content of that general instruction.

Subject to the provisions of sections 52 and 53 of the Electoral Act 1993, no member of the Police shall, while he remains a member, take part in any election of a member of Parliament or of a local authority prescribed in that behalf by regulations under this Act, whether as a candidate or in any other manner, otherwise than by voting:

Provided that nothing in this section shall apply to the discharge by any member of the Police of his duty at or concerning any such election.

(1) Subject to this section, where the Commissioner makes or contemplates making against any sworn member of the Police any criminal charge, or any allegation of misconduct or neglect of duty of or by that member, the Commissioner may—

• (a) Suspend the member until—

  • (i) The member has been sentenced or otherwise dealt with by a Court; or

  • (ii) A decision has been made under section 5(4) of this Act; or

  • (iii) A decision to proceed or not with the allegation against the member has been made; and

• (b) Direct that the suspension be with or without pay, or without such part of the member's pay as the Commissioner directs.

(1A) The Commissioner may, at any time while a suspension remains in force, vary or rescind the decision to suspend the member, or determine that the suspension shall cease on a date earlier than the date on which it would otherwise cease.

(1B) Before suspending any sworn member of the Police under subsection (1) of this section, the Commissioner shall—

• (a) Take all reasonable steps to ensure that the member is given notice of the reasons for the proposed suspension; and

• (b) Give the member or his or her counsel or agent a reasonable opportunity to make submissions and be heard in respect of the proposed suspension.

(2) The authority conferred on the Commissioner by subsection (1) of this section may, with the prior consent of the Commissioner in each case, be exercised by any commissioned officer.

(3) Except where the conduct of the member is the subject of criminal proceedings or where any delay in concluding an inquiry occurs through any circumstances beyond the control of the Commissioner, no period of suspension under this section shall continue for longer than 21 days.

(3A) Where the conduct of the member is the subject of criminal proceedings the period of suspension under this section may be extended for such further period, not exceeding 28 days after the date on which the proceedings are finally determined, as the Commissioner considers necessary to enable him to consider whether the member should be dismissed under section 5 of this Act.

(4) Notwithstanding anything in subsection (1) of this section, if the Commissioner directs that any member be suspended without all or any part of his pay, the member or such person as the member may appoint to represent him may within 7 days after the member receives that direction, make oral or written submissions to the Commissioner as to why he should receive all or some more of his pay.

(5) The Commissioner shall within 7 days after the receipt of any submission made under subsection (4) of this section consider the submission and inform the member or his representative of his decision. If the Commissioner decides that the member should receive all or some more of his pay the member shall be entitled to receive all or some more of his pay in accordance with that decision.

(6) Notwithstanding anything in subsection (1) or subsection (5) of this section, where under this section a member is suspended from duty and no conviction is recorded in any Court and no charge is proved at an inquiry under section 12 of this Act, the member shall be entitled to receive full pay in respect of the period of suspension but otherwise he shall not receive nor be entitled to receive more pay than that first directed by the Commissioner to be received by the member in respect of that period unless and to the extent that the Commissioner further directs pursuant to this subsection.

(7) Notwithstanding anything in this section, in the event of any appeal being commenced from the decision of any Court sentencing or otherwise dealing with the member, or from any decision as to the guilt of or the penalty to be imposed on the member made under section 12 of this Act, the suspension of the member shall continue until the appeal has been determined on the same or such new terms as to pay as the Commissioner shall so direct under this subsection.

(1) Every constable shall take the following oath before a Justice or a commissioned officer of Police:

(2) Every person who has taken and subscribed the oath as aforesaid shall be taken to have thereby entered into a written agreement with, and shall be bound to serve Her Majesty as a member of the Police, in whatsoever capacity he may, in accordance with the provisions of this Act, be required to serve, and at the current rate of pay of any rank to which he may be appointed or reduced, until legally discharged; and that agreement shall not be set aside, cancelled, or annulled for want of reciprocity; but every such agreement shall be determined by the resignation, discharge, retirement, dismissal, or other removal from office of any such person.

(1) Every non-commissioned officer and constable shall obey and execute all the lawful summonses, warrants, orders, and directions of any District Court Judge, Justice, or Community Magistrate issued through the Registrar of a District Court of criminal jurisdiction.

(2) Any warrant, order, or other process of any Court or of any Judge, District Court Judge, Justice, or Community Magistrate directed to any non-commissioned officer or constable may be executed and enforced by any other member of the Police or his assistants; and every member and his assistants shall have the same rights, powers, and authorities for and in the execution of any such process, as if the same had been originally directed to him or them expressly by name.

(3) Where a process has been issued for the arrest of any person and has not been executed, any member of the Police in uniform or any other member on production of his identification or warrant card or other evidence that he is a member of the Police may, without having the process in his possession, arrest the person in respect of whom the process is issued.

(1) Where any process has been issued out of any Court, or by any Judge, District Court Judge, Justice, Community Magistrate, or Registrar or Deputy Registrar of any Court, no member of the Police doing anything in obedience to any such process shall be responsible for any irregularity in the issuing of the process, or for any want of jurisdiction in the issuing of the same.

(2) On the production of any such process and on proof that it was issued out of a Court, or, as the case may be, that the signature thereto is in the handwriting of the person whose name appears subscribed thereto, and that person is reputed to be and acts as a Judge, District Court Judge, Justice, Community Magistrate, or Registrar or Deputy Registrar of any Court, and that the acts complained of were done in obedience to the process, the Court trying any action against any member of the Police in respect of any act done in obedience to the process shall find a verdict for that member, and the member shall recover his costs of suit.

(3) For the purposes of this section, the term process includes any computer printout to which section 88 or section 93 of the Summary Proceedings Act 1957 applies.

In any proceedings in a District Court or before the Licensing Control Commission or before a Licensing Committee or before any other Commission, Inquiry, Board, or Tribunal, any member of the Police who is to appear in the execution of his duty other than as a witness, may appear by any other member of the Police.

If any question arises as to the right of any member of the Police to hold or execute his office, common reputation shall be evidence of that right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of that right.

(1) Subject to the provisions of this section, where the disablement or death of any member of the Police has occurred (whether before or after the commencement of this Act) and is attributable to, or aggravated or precipitated by, his service as a member, there may be paid to him and his dependants (in the case of his disablement) and to his dependants (in the case of his death) pensions and allowances at rates not exceeding the rates that would be payable if he had been a member of the Forces within the meaning of the War Pensions Act 1954 and if his disablement or death were attributable to, or aggravated or precipitated by, his service as a member of the Forces.

(2) For the purposes of determining the appropriate rates of pension to be paid under this section, members of the Police may be graded in such manner as may be prescribed by regulations under this Act.

(3) All applications for pensions and allowances under this section shall be made in writing to the Secretary for War Pensions who shall, as soon as practicable thereafter, submit the application for determination by a War Pensions Board established under the War Pensions Act 1954, and the Board shall with respect to the hearing of the application have the same powers as if the application were an application under that Act.

(4) In considering any application for the grant of a pension or allowance to any person under this section the Board shall take into consideration any amount paid by way of retiring allowance, compensation, damages, or compassionate allowance out of the Crown Bank Account or out of any Government or other Superannuation Fund or from any other source in respect of the disablement or death of the member.

(5) Nothing in this section shall apply in respect of service on or after the commencement of section 63 of the Accident Compensation Act 1972.

Any injuries suffered by a member of the Police—

• (a) While on duty or while on a direct journey from his home to report for duty or to his home after duty; or

• (b) While not on duty in the performance of some act which is within the scope of his ordinary duties; or

• (c) In consequence of some act performed in the execution of his duty,—

shall be deemed to have arisen out of and in the course of his employment.

(1) When a member of the Police ceases to hold and exercise his office, all powers and authorities vested in him as a member of the Police shall immediately cease.

(2) For the purposes of this section, a member of the Police shall be deemed to have ceased to hold and exercise his office during any period when he is on leave if, at the expiration of that leave, he will not return to duty in the Police.

Notwithstanding any other Act or law,—

• (a) A police dog under the control of a police dog handler may enter and be on any place that the police dog handler may lawfully in the course of police duties enter or be upon:

• (b) The Commissioner and a police dog handler in charge of a police dog shall not be liable in any way by reason only of a police dog having entered or having been on any place in accordance with paragraph (a) of this section.

A person who—

• (a) Obstructs or hinders; or

• (b) Aids or incites another to obstruct or hinder,—

a police dog working under the control of a police dog handler while that police dog handler is performing his or her duties as a member of the Police obstructs or, as the case may be, hinders that member.

(1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000 or to both who kills, maims, wounds, or otherwise injures a police dog without lawful excuse.

(2) On the conviction of any person of an offence against this section, the Court may, in addition to any penalty imposed, order that person to pay to the Commissioner a reasonable sum for—

• (a) The treatment, care, rehabilitation, and retraining of the police dog; and

• (b) Where it is necessary to replace the police dog, the acquisition and training of its replacement.

In any proceedings, a certificate purporting to be signed by the Commissioner or the officer in charge of the New Zealand Police Dog Training School and certifying that, at a specified time or during a specified period,—

• (a) A dog identified in that certificate was a police dog; or

• (b) A person named in that certificate was a police dog handler,—

shall be sufficient evidence, until the contrary is proved, of the matters so certified.

(1) A member of the Police who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against section 44C of this Act may require that person to state—

• (a) His or her name and address; and

• (b) His or her date of birth.

(2) If the member of the Police has reasonable ground to suppose that any particulars that a person has been required to supply under subsection (1) of this section are false, that member of the Police may require that person to supply satisfactory evidence of his or her name and address and his or her date of birth.

(3) If any person, without reasonable excuse, refuses, or fails to supply any particulars or evidence when required to do so by any member of the Police under this section, and persists in that refusal or failure after being cautioned by the member of the Police, that person may be arrested, without warrant, by the member of the Police.

(4) Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who, having been required by any member of the Police to supply any particulars or evidence under this section, without reasonable excuse,—

• (a) Refuses or fails to supply the particulars or evidence; or

• (b) Supplies any particulars or evidence knowing that the particulars or evidence are false in a material respect.

Every person who by any false or forged certificates or any false representations, obtains admission or readmission into the Police commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200, or to both.

(1) Every person who, not being a member of the Police, by words, conduct, or demeanour pretends that he is a member, or puts on or assumes the dress, name, designation, or description of a member of the Police, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200, or to both.

(2) Any member of the Police may arrest without warrant any person who he has reasonable cause to believe is committing or has committed an offence against this section.

(1) Every person, other than a member of the Police, commits an offence who uses—

• (a) Any uniform, or item of uniform, or any other article, to which this section applies; or

• (b) Any uniform, or item of uniform, or any other article, that closely resembles any uniform, or item of uniform, or other article to which this section applies—

in circumstances likely to lead any person to believe that the user is a member of the Police.

(2) Every person commits an offence who uses—

• (a) Any uniform, or item of uniform, or any other article, to which this section applies; or

• (b) Any uniform, or item of uniform, or any other article, that closely resembles any uniform, or item of uniform, or other article to which this section applies,—

without the prior approval of the Commissioner.

(3) No approval given under subsection (2) of this section shall authorise any person to use any uniform, item of uniform, or other article in circumstances likely to lead any person to believe that the user is a member of the Police.

(4) This section applies to—

• (a) Any uniform worn by any members of the Police:

• (b) Any item of any such uniform:

• (c) Any crest, badge, emblem, design, logogram, or other distinguishing article used, worn, or carried by any member or employee of the Police while on duty and described in regulations made under this Act.

(5) Every person who commits an offence against this section is liable on summary conviction to a fine not exceeding $500, and, where the offence is a continuing one, to a further fine not exceeding $50 for every day on which the offence has continued.

(6) In any proceedings for an offence against this section, a certificate by the Commissioner to the effect that—

• (a) Any uniform or any item of uniform is worn by any member of the Police; or

• (b) Any crest, badge, emblem, design, logogram, or other distinguishing article is used, worn, or carried by any member or employee of the Police while on duty—

shall, in the absence of proof to the contrary, be sufficient evidence of the matters stated in the certificate.

(7) Nothing in this section shall apply, at any time before the 1st day of June 1986, to the wearing of any uniform or item of uniform by any person, or by any employee of any person, if that uniform or item of uniform was being worn by that person or by any employee of that person in connection with any business, trade, or occupation at the commencement of this section.

Every person who, not being a member of the Police, has in his possession anything whatsoever supplied or to be supplied to a member of the Police, and is not able to account satisfactorily for his possession thereof commits an offence and shall be liable on summary conviction to a fine not exceeding $100.

(1) A member of the police in the lawful execution of his or her duty may ask any person who is 18 years old or older to help the member of the police do either or both of the following:

• (a) apprehend or secure any person:

• (b) convey any person in the charge of the member of the police to a police station or other place.

(2) The member of the police may ask the person for help of that kind only if it is, in the circumstances, a reasonable necessity.

(3) Every person who, when so asked, fails to give help of that kind to any member of the police commits an offence and is liable on summary conviction to a fine not exceeding $500.

(4) However, a failure of that kind before the commencement of the Human Rights Amendment Act 2001, and by a person who is not a male, is not an offence under subsection (3).

(1) Every person who holds or attempts to hold any communication with any prisoner in the custody or charge of any member of the Police, or who delivers or in any manner attempts to deliver or causes to be delivered to any such prisoner any article or thing whatsoever without the permission of that member of the Police or some responsible member of the Police in charge of that member, commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $400, or to both.

(2) Any member of the Police may arrest without warrant any person who he has reasonable cause to believe is committing or has committed an offence against this section.

Every person who, not being a member of the Police,—

• (a) Gives or offers or promises to give any member of the Police any bribe, pecuniary or otherwise, or makes any agreement with any member of the Police to induce him in any way to forego his duty; or

• (b) Requests or incites or induces any member of the Police, or the members of the Police generally, or any section thereof, to act in any manner contrary to duty; or

• (c) Connives at any act whereby any regulation or instruction in relation to the Police may be evaded,—

commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 2 years.

(1) The Commissioner may from time to time, by writing under his or her hand, either generally or particularly,—

• (a) Delegate to any Assistant Commissioner or Superintendent of Police any of the powers, authorities, duties, and functions of the Commissioner:

• (b) Delegate to such other member or members of the Police as he or she thinks fit all or any of the Commissioner's powers, authorities, duties, and functions under this Act, the Corrections Act 2004, or any regulations made under either of those Acts.

(1A) Notwithstanding subsection (1) of this section, the Commissioner shall not delegate to any non-sworn member of the Police or to any other member of the Police who holds a rank below Inspector the power to issue a warrant under section 6(2) of this Act.

(1B) In any case where the Commissioner has, pursuant to subsection (1) of this section, delegated any powers, authorities, duties, or functions to any member of the Police, that member may, with the prior approval in writing of the Commissioner, delegate such of those powers, authorities, duties, or functions as the Commissioner approves to any other member of the Police.

(2) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(3)  Any delegation under this section may be made to a specified member of the Police or to members of the Police of a specified rank or class, or may be made to the holder or holders for the time being of a specified office or class of offices.

(4) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner of Police.

(5) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner of Police by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Commissioner.

(6) The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

(1) The Minister may from time to time appoint a Committee of Inquiry, consisting of a District Court Judge and one or more members of the Police, for the purpose of investigating and reporting to the Commissioner on any matter connected with the Police, but any such Committee shall not investigate any matter that may be determined by a Court under Part 4 of this Act.

(2) Subsections (4) to (8) of section 12 of this Act shall, with the necessary modifications, apply to any such Committee of Inquiry as if its members were appointed to hold an inquiry under that section.

(3) Subject to this section, such a Committee of Inquiry may regulate its procedure in such manner as it sees fit.

(1) If any person is in lawful custody on a charge of having committed an offence, a member of the Police may, and if directed by any of his superiors shall, take or cause to be taken any particulars of that person, including his photograph, fingerprints, palm-prints, and footprints, and may use or cause to be used such reasonable force as may be necessary to secure these particulars.

(1A) Notwithstanding anything in subsection (1) of this section, no fingerprints, palm-prints, or footprints shall be taken under this section unless the person in lawful custody is at a police station, or on other premises, or in any vehicle, being used for the time being as a police station.

(2) Any person who, after being cautioned, fails to comply with any demand or direction of a member of the Police acting in the exercise of his powers under this section commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding $40, or to both.

(3) If the person in respect of whom particulars have been taken under this section is acquitted, the particulars shall be forthwith destroyed:

Provided that this subsection shall not apply if the person is acquitted on account of his insanity or is discharged under section 106 of the Sentencing Act 2002 or section 347 of the Crimes Act 1961.

(4) [Repealed]

(1) Subject to subsection (4) of this section, where any person (in this section referred to as the detainee) is taken into lawful custody and is to be locked up in Police custody, a member of the Police, or any searcher employed for the purpose under section 57B, may conduct a search of that person and take from him all money and all or any property found on him or in his possession, and may use or cause to be used such reasonable force as may be necessary to conduct that search or take any money or property.

(2) Subject to subsection (3) of this section, and to any order of the Court made under section 58 of this Act or section 404 of the Crimes Act 1961, all money and every item of property taken from the detainee under subsection (1) of this section shall, on request, be returned to him when he is released from custody, except—

• (a) Any money or property that may be required to be given in evidence in any proceeding arising out of any charge brought against the detainee:

• (b) Any money or property the possession of which by the detainee constitutes an offence.

(3) Where the detainee is released from policy custody and taken into custody in any prison, all money and every item of property taken from him under subsection (1) of this section (other than money or property referred to in paragraph (a) or paragraph (b) of subsection (2) of this section) shall, where practicable, be delivered to the manager or other officer in charge of that prison.

(4) No search shall be conducted under this section unless the detainee is at a police station, or in any other premises, or in any vehicle, being used for the time being for Police purposes.

(5) Nothing in this section shall limit or affect the right at common law of a constable to search any person upon that person's arrest.

(6) [Repealed]

(1) If subsection (2) applies, the member in charge of the place or vehicle in which any person is detained in custody may employ a searcher to conduct a search of that person under section 57A.

(2) A searcher may be employed to conduct a search under section 57A if the employment of that searcher is necessary to enable the search of the person in custody to be carried out—

• (a) By someone of the same gender as the person being searched; or

• (b) Within a reasonable time of that person being taken into custody.

(3) A searcher employed under subsection (1) must conduct the search under section 57A in accordance with all relevant general instructions issued under section 30, as if he or she were a member of the Police.

(4) The member in charge of the place or vehicle must be satisfied that a searcher employed under this section has received appropriate training before that searcher conducts a search under section 57A.

(1) Where a member of the Police is in possession of any property of any kind other than property distrained under the warrant of a Justice or Community Magistrate, and it is doubtful whether a person claiming the property, or which of any 2 or more persons so claiming is entitled to the possession thereof, a District Court Judge, on the application of any member of the Police, or of a claimant to the property, may make an order for the delivery of the property to any person appearing to the District Court Judge to be the owner thereof, or entitled to the possession thereof, or, if the owner or person entitled to possession cannot be ascertained, may make such order with respect to possession of the property as he thinks fit.

(2) Any application under this section shall be made by originating application to a District Court of Civil Jurisdiction.

(3) If after the making of any such order an action is commenced against any member of the Police or the Crown for the recovery of the property or the value thereof, the order and the delivery of the property in pursuance thereof may be given and shall be received in evidence in bar of the action:

Provided that no such order or delivery shall affect the right of any persons entitled by law to possession of the property to recover the same.

(1) Any goods and chattels which have come into the possession of any member of the Police and which are unclaimed after being held for not less than 3 months, shall, by the direction of the Commissioner, be sold by public auction, a notice of the sale having been previously published 3 times in some newspaper circulating in the district in which the sale is to be held:

Provided that perishable goods may be sold at any time and in such manner as the District Commander may direct, or if valueless may be destroyed.

(2) The proceeds of every sale must be paid into the Crown Bank Account, after deducting the costs incurred in—

• (a) Advertising and conducting the sale; and

• (b) Storing, transporting, testing, or otherwise preparing the goods and chattels for sale.

(3) The Commissioner may, if he thinks fit, appoint any person, not being the holder of a licence under the Auctioneers Act 1928, to conduct any such sale by auction.

(4) Any money that has come into the possession of a member of the Police in the course of duty, and is unclaimed, must be paid into the Crown Bank Account.

The Commissioner may cause to be published, at such intervals as he thinks fit, a gazette, to be known as the Police Gazette, in which shall be published such notices and other matters as are required by this Act, or by regulations made under this Act, to be published therein, and such other matters (if any) as the Commissioner from time to time thinks expedient.

(1) The following publications and documents, namely,—

• (a) The Police Gazette; and

• (b) Every other Police Notice or Police Circular or other document of a like nature that—

  • (i) Contains information the disclosure of which would be likely to prejudice the maintenance of law, including the prevention, detection, and investigation of offences; and

  • (ii) Is published by any member of the Police; and

  • (iii) Is intended by that member for circulation only to members of the Police; and

• (c) Every copy of any such document,—

are hereby declared to be confidential Police documents, and shall not be disclosed pursuant to the Official Information Act 1982 or otherwise without the written permission of the Commissioner.

(2) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $500 who, without lawful authority or reasonable excuse (the proof whereof shall be on the person charged), has in his possession any document declared by subsection (1) of this section to be a confidential Police document.

(3) [Repealed]

(4) No civil or criminal proceedings shall be taken in respect of anything contained in any document declared by subsection (1) of this section to be a confidential Police document.

No charge, conviction, order, inquiry, recommendation, appeal, determination, decision, or other act or proceeding under this Act shall be quashed or set aside or be deemed void or insufficient for want of form only, or, except upon the ground of lack of jurisdiction, be removed or removable by certiorari or other writ or process whatsoever into the High Court.

(1) All fines recovered under this Act shall be paid into the Crown Bank Account.

(2) The amount of any fine or other sum ordered to be paid by a member of the Police, pursuant to this Act, may be deducted from any money due or thereafter becoming due from the Crown to that member by way of salary or otherwise.

(1) The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

(2) Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:

• (a) Providing for the government, maintenance, duties, discipline, and control of the Police and for the transfer of members of the Police to any other duty or position whether in the same district or not:

• (b) Prescribing the ranks of sworn or non-sworn members of the Police:

• (c) [Repealed]

• (d) Regulating generally the promotion of members of the Police, and prescribing the factors to be considered in relation to any promotion:

• (e) [Repealed]

• (f) [Repealed]

• (fa) Requiring members of the Police to undergo medical, physical, and psychological examinations, tests, and assessments, whether periodically or in any particular circumstances, designed to determine whether or not they are able to perform competently the duties of their rank, and any other duties that they may reasonably be called upon to perform from time to time:

• (g) Prescribing such matters relating to the superannuation of members of the Police as may be considered necessary:

• (h) Prescribing the procedure at and regulating the conduct of inquiries under this Act (including matters preliminary or incidental thereto) and enabling the taking of evidence on commission for the purposes of any such appeal or inquiry:

• (ha) Prescribing conciliation procedures in respect of complaints lodged about members of the Police, and the circumstances in which such procedures may or are to be followed:

• (i) Providing for the determination of the amount of rent to be paid by any member of the Police who is permitted to use for the purpose of residence or granted a tenancy of any premises or any part of any premises belonging to the Government, and for the deduction of the amount payable in respect of that use or tenancy from any money due or at any time becoming due from the Crown whether in salary or otherwise.

(3) Any regulations made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date on which they are made), and if no such date is specified shall come into force on the date of the making thereof.

(4) [Repealed]

(1) As soon as practicable after the end of each financial year, the Commissioner must, in accordance with section 43 of the Public Finance Act 1989, prepare a report on—

• (a) the operations of the police for that financial year; and

• (b) any other matters that the Commissioner considers to affect the operations of the police.

(2) [Repealed]

(3) The Commissioner shall include in every annual report prepared by him for the purposes of this section the number of occasions on which, during the period under review, the Police used an interception device in reliance on section 216B(3) of the Crimes Act 1961.

(4) The Commissioner shall include in every annual report prepared by him or her for the purposes of this section—

• (a) The number of road blocks authorised pursuant to section 317B of the Crimes Act 1961 during the period in review; and

• (b) The reason for each authorisation; and

• (c) The number of persons (if any) arrested as a result of the authorisation.

(1) The enactments specified in Schedule 2 to this Act are hereby repealed.

(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or anything whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

(3) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of section 8 of the Police Force Amendment Act 1955 shall not affect the provisions of the said section 8.

(4) Any reference in any enactment, or in any instrument, notice, or other document whatsoever to the Police Force or the Force shall be deemed to be a reference to the Police, and any such reference to a member of the Police Force or a member of the Force shall be deemed to be a reference to a member of the Police.

(5) Any reference in any enactment, other than this Act, or in any instrument, notice or other document whatsoever to a Superintendent of Police, or an Inspector of Police, or a Sub-Inspector of Police shall be deemed to be a reference to a commissioned officer of Police, unless the context otherwise requires.

(1) Except as otherwise provided in this Act or in any agreement under this section, the conditions of employment of sworn members of the Police shall be fixed in accordance with this section.

(2) The conditions of employment to which this section applies for any group or class of sworn members of the Police shall be contained in a single agreement.

(3) The conditions of employment that may be fixed under this section for any group or class of sworn members of the Police shall be—

• (a) The remuneration of such members of the Police:

• (b) The terms and conditions upon which relieving, travelling, lodging, meal and other allowances and expenses including clothing allowances and allowances payable in respect of work warranting payment, may be granted:

• (c) The rates of any such allowances or expenses:

• (d) Such other conditions of employment as may be agreed to by the Commissioner and the appropriate service organisation.

(4) Every agreement under this section shall include only such conditions of employment as may be agreed by negotiation between the Commissioner and the appropriate service organisation and, before entering into any such negotiations, the Commissioner shall consult with the State Services Commission over the conditions of employment to be negotiated. The Commission may at any time, either before or during the negotiations, indicate to the Commissioner that it wishes to participate with the Commissioner in the negotiation or continued negotiation of the conditions of employment of sworn members of the Police, and the Commissioner shall allow the Commission to so participate in the negotiations.

(5) Once a condition of employment has been included in an agreement under subsection (3) of this section it shall remain in the agreement until the Commissioner and the service organisation agree that it shall cease to be so included in the agreement.

(6) Where the Commissioner and the service organisation are unable to reach a voluntary settlement of any claim made by one party upon the other for an agreement under this section then the procedures prescribed in Schedule 3 shall be used to fix the conditions of employment of sworn members of the Police.

(7) Notwithstanding anything in this section or section 67A of this Act, the Commissioner may make it a condition of employment of all sworn members of the Police who are not members of the Government Superannuation Fund Police Sub-Scheme, or of any class of such persons, that those persons contribute to a State services superannuation scheme.

(1) Subject to subsection (2), nothing in section 67 prevents the Commissioner and any sworn member of the Police from entering into an individual employment agreement.

(2) Where there is an applicable agreement under section 67 and the Commissioner and a sworn member of the Police enter into an individual employment agreement, the provisions of the individual employment agreement prevail to the extent that there is any inconsistency between the individual employment agreement and the applicable agreement under section 67.

Every agreement under section 67 of this Act shall be binding on the parties to it and on every sworn member of the Police to whom it applies.

(1) Every agreement under section 67 of this Act shall contain a clause stating the group or class of sworn members of the Police to whom the agreement is applicable.

(2) Every such agreement shall state the date on which it expires and shall remain in force only until the close of its expiry date.

(3) Where the applicable agreement expires, each sworn member of the Police who continues in the employ of the Commissioner shall, unless the sworn member and Commissioner otherwise agree, be bound by an individual employment agreement based on the expired applicable agreement.

(1) The parties to any agreement made under section 67 of this Act may, at any time while it remains in force, agree in writing to the variation of any or all of its provisions.

(2) Section 67(6) of this Act shall not apply to any claim made by one party upon the other for a variation of an agreement under this section.

(1) Part 6 of the State Sector Act 1988, with any necessary modifications and subject to this section, shall apply in relation to non-sworn members of the Police in the same manner as that Part applies in relation to the Public Service.

(2) For the purposes of the application of the State Sector Act 1988 under this section, every reference to the Commission shall be read as a reference to the Commissioner of Police.

(3) Before entering into any negotiation under Part 6 of the State Sector Act 1988 in respect of the conditions of employment of non-sworn members of the Police the Commissioner shall consult with the State Services Commission over the conditions of employment to be negotiated. The State Services Commission may at any time, either before or during the fixing of such conditions of employment, indicate to the Commissioner that it wishes to participate in the fixing of those conditions of employment, and the Commissioner shall allow the State Services Commission to participate accordingly.

(1) The Commissioner may from time to time designate senior positions held by members of the Police as not being covered by any agreement negotiated under section 67 or section 75 of this Act.

(2) The number of positions for the time being designated under subsection (1) of this section shall not exceed 20.

(3) The number of 20 may be altered from time to time by agreement between the Commissioner and the appropriate service organisation or union.

(4) The Commissioner shall in respect of any position designated under subsection (1) of this section notify the vacancy or the impending vacancy of any such position in such manner as the Commissioner thinks sufficient to enable suitably qualified persons to apply for the position.

(5) The Commissioner in making an appointment to a position designated under subsection (1) of this section shall give preference to the person who is best suited to the position.

(6) Notwithstanding the provisions of subsections (4) and (5) of this section, where at the time of the designation of a position under subsection (1) of this section that position is occupied, the Commissioner may appoint the incumbent of that position to that designated position for a term of not more than 5 years.

(1) Except where the specific conditions of employment are provided in this Act, the conditions of employment of every person appointed to a position to which section 76 of this Act applies shall be determined in each case by agreement between the Commissioner and the person to be appointed, but the Commissioner shall consult with the State Services Commission before finalising the conditions of employment.

(2) Every person appointed to a position to which section 76 of this Act applies shall be appointed for a term of not more than 5 years.

(3) Every person who holds a position to which section 76 of this Act applies shall be eligible for reappointment.

(4) The provisions determined, either generally or particularly, under subsection (1) of this section in relation to any person shall be included in that person's contract of service.

(1) Where a member of the Police who has been appointed to a position to which section 76 of this Act applies is not reappointed to that position at the expiration of his or her term of appointment, or for any reason whatever that appointment is terminated before the expiration of that term, other than as a result of an appointment to another position in the Police, or as a consequence of that person resigning from the Police, the Commissioner shall, at the Commissioner's option, either—

• (a) Place the member, under the employment of the Commissioner, on such duties as the Commissioner determines from time to time to be appropriate, in which case the Commissioner shall determine with the member concerned the conditions of employment that are to apply to that member during the period of employment under this paragraph; or

• (b) Terminate the member's employment in accordance with the provisions of that member's contract.

(2) No person who is assigned duties under subsection (1)(a) of this section shall be entitled to receive any payment in respect of the completion of any preceding term of office notwithstanding any conditions of employment negotiated under section 77 of this Act to the contrary.

(3) The Commissioner shall determine from time to time the period for which a person is employed under subsection (1)(a) of this section.

(4) Employment of a member under subsection (1)(a) of this section shall end if, before the expiration of the period from time to time determined by the Commissioner, that member—

• (a) Is appointed to another position in the Police; or

• (b) Dies or resigns or otherwise ceases to be a member of the Police.

(5) Subject to the provisions of any particular contract, nothing in this Act shall prevent a person employed under section 76 or section 77 of this Act from being appointed to any other position, whether in a senior position designated under section 76 of this Act or otherwise.

(1) A strike or lockout, as defined in section 81 or section 82 of this Act, shall be unlawful.

(2) Where such a strike occurs or is threatened, the Commissioner may apply to the Employment Court for an injunction to prevent the strike or an order for the resumption of full work.

(3) Where such a lockout occurs or is threatened, the appropriate service organisation may apply to the Employment Court for an injunction to prevent the lockout or an order for the lockout to cease.

(4) The Employment Court shall have full and exclusive jurisdiction to hear and determine any proceedings under this section, and no other Court shall have jurisdiction to hear and determine such proceedings.

(5) Clause 21 of Schedule 3 of the Employment Relations Act 2000 relating to urgency applies to an application under this section.

For the purposes of section 80 of this Act, the term strike means the act of any number of sworn members of the Police—

• (a) In discontinuing the performance of their duties, whether wholly or partially, or in reducing the normal performance of their duties; or

• (b) In breaking their conditions of employment; or

• (c) In refusing or failing after any such discontinuance to resume or return to their duties; or

• (d) In refusing or failing to accept engagement for any work in which they are usually employed; or

• (e) In reducing their normal output or their normal rate of work—

the said act being due to any combination, agreement, common understanding, or concerted action, whether express or implied, made or entered into by any sworn members of the Police; but does not include a service organisation meeting allowed under any Act or authorised by the Commissioner.

For the purposes of section 80 of this Act, the term lockout means the act of the Commissioner—

• (a) In closing any office of the Police; or

• (b) In discontinuing the employment of any normal duties of any sworn members of the Police, whether wholly or partially; or

• (c) In breaking some or all of the conditions of employment fixed in respect of any such members in an agreement registered under this Act; or

• (d) In refusing or failing to engage any such members for any work for which such members are usually employed—

with a view to compelling any such members to accept conditions of employment or comply with any demands made by the Commissioner.

(1) Where there is a dispute about the interpretation, application, or operation of any provision of any agreement that applies to sworn members of the Police,—

• (a) a person bound by the agreement or any party to the agreement may pursue that dispute in accordance with Part 10 of the Employment Relations Act 2000; and

• (b) the person or party pursuing the dispute must ensure that every service organisation that was involved in negotiations for the making or renewal of the agreement has notice of the existence of the dispute.

(2) Where there is a dispute about the interpretation, application, or operation of any provision of any agreement made under section 77, a person bound by the agreement may pursue that dispute in accordance with Part 10 of the Employment Relations Act 2000.

(1) Part 9 of the Employment Relations Act 2000 applies in relation to personal grievances by sworn members of the Police.

(2) For the purposes of Part 9 of the Employment Relations Act 2000 (as applied by subsection (1)), an action by the Commissioner (other than the imposition of a penalty under this Act) is not unjustifiable if—

• (a) the Commissioner's principal reason for taking the action is to ensure that an operational requirement is met; and

• (b) any failure to perform the requirement would be likely to result in a breach of the oath of office prescribed by section 37.

(1) For the purposes of section 87(3)(d) of this Act, a member is sexually harassed in that member's employment if the Commissioner or a representative of the Commissioner—

• (a) Makes a request of that member for sexual intercourse, sexual contact, or other form of sexual activity that contains—

  • (i) An implied or overt promise of preferential treatment in that member's employment; or

  • (ii) An implied or overt threat of detrimental treatment in that member's employment; or

  • (iii) An implied or overt threat about the present or future employment status of that member; or

• (b) By—

  • (i) The use of words (whether written or spoken) of a sexual nature; or

  • (ii) Physical behaviour of a sexual nature,—

  subjects the member to behaviour that is unwelcome or offensive to that member (whether or not that is conveyed to the Commissioner or representative) and which is either repeated or of such a significant nature that it has a detrimental effect on that member's employment, job performance, or job satisfaction.

(2) For the purposes of section 87(3)(d) of this Act, a member is also sexually harassed in that member's employment if—

• (a) A request of the kind described in subsection (1)(a) of this section is made to a member; or

• (b) A member is subjected to behaviour of the kind described in subsection (1)(b) of this section—

by a person (not being a representative of the Commissioner) who is a member of the Police or is in the employ of the Commissioner.

Where a personal grievance involves allegations of sexual harassment, no account shall be taken of any evidence of the member's sexual experience or reputation.

(1) Where—

• (a) A request of the kind described in section 89(1)(a) of this Act is made to a sworn member of the Police; or

• (b) A sworn member of the Police is subjected to behaviour of the kind described in section 89(1)(b) of this Act—

by a person (not being a representative of the Commissioner) who is in the employ of the Commissioner, the member may make a complaint in writing about that request or behaviour to the Commissioner or to a representative of the Commissioner.

(2) The Commissioner or representative, on receiving a complaint under subsection (1) of this section, shall—

• (a) Inquire into the facts; and

• (b) If satisfied that such a request was made or that such behaviour took place, take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

(3) Where any person, being a person in relation to whom a member of the Police has made a complaint under subsection (1) of this section,—

• (a) Either—

  • (i) Makes to that member after the complaint a request of the kind described in section 89(1)(a) of this Act; or

  • (ii) Subjects that member after the complaint to behaviour of the kind described in section 89(1)(b) of this Act; and

• (b) The Commissioner or a representative of the Commissioner has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—

that member shall be deemed for the purposes of this Act to have a personal grievance by virtue of having been sexually harassed in the course of the member's employment as if the request or behaviour were that of the Commissioner; and the procedure for the settlement of a personal grievance shall apply accordingly.

For the purposes of section 87(3)(e) of this Act, a member is subject to duress in that member's employment in relation to membership or non-membership of a service organisation if the Commissioner or a representative of the Commissioner—

• (a) Makes membership of a service organisation or of a particular service organisation a condition to be fulfilled if that member wishes to retain the member's employment; or

• (b) Makes non-membership of a service organisation or of a particular service organisation a condition to be fulfilled if that member wishes to retain that member's employment; or

• (c) Exerts undue influence on that member, or offers, or threatens to withhold, or does withhold, any monetary incentive or advantage to or from that member, or threatens to or does impose any monetary disadvantage on that member, with intent to induce that member—

  • (i) To become or remain a member of a service organisation or a particular service organisation; or

  • (ii) To cease to be a member of a service organisation or a particular service organisation; or

  • (iii) Not to become a member of a service organisation or a particular service organisation; or

  • (iv) To support a change in service organisation coverage; or

  • (v) Not to support a change in service organisation coverage; or

  • (vi) To participate in the formation of a new service organisation; or

  • (vii) Not to participate in the formation of a new service organisation; or

  • (viii) On account of the fact that that member is, or, as the case may be, is not, a member of a service organisation or a particular service organisation, to resign from or leave any employment.

Any statements made or information given in the course of submitting a personal grievance in accordance with the procedure set out in Schedule 5 to this Act or in any employment contract or in the course of any proceedings in respect of a personal grievance shall be absolutely privileged.

(1) Where the circumstances giving rise to a personal grievance by a member are also such that that member would be entitled to make a complaint under the Human Rights Act 1993, or would be entitled to invoke any provision in this Act (other than a provision applicable in relation to personal grievances), the member may take one, but not both, of the following steps:

• (a) The member may invoke, in relation to those circumstances, the procedures applicable in relation to personal grievances under this Act:

• (b) The member may make, in relation to those circumstances, a complaint under the Human Rights Act 1993, or may invoke any provision in this Act (other than a provision applicable in relation to personal grievances).

(2) For the purposes of subsection (1)(b), a member makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.

(1) Except as otherwise expressly provided in this Act, nothing in either the Employment Relations Act 2000 or the State Sector Act 1988 applies to any persons employed as members of the Police under this Act.

(2) Subject to this Part,—

• (a) sections 139 and 140 of the Employment Relations Act 2000, with any necessary modifications, apply to the non-observance of or non-compliance with any provision of this Part of this Act or of an agreement under this Act:

• (b) if any person wishes to apply for review under Part 1 of the Judicature Amendment Act 1972, or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, certiorari, or declaration or injunction, in relation to the exercise, refusal, or proposed or purported exercise by any person or body of any power under this Part of this Act, the provisions of subsections (2) to (4) of section 194 of the Employment Relations Act 2000 apply:

• (c) Part 11 of the Employment Relations Act 2000 applies to proceedings before the Employment Court under this Part as if those proceedings were proceedings under that Act.