Police Act 1990

This Act is the Police Act 1990.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

administrative employee means a member of the NSW Police Force other than a police officer.

Assistant Commissioner means a member of the NSW Police Force whose position is determined by the Minister under Part 5 as that of an Assistant Commissioner.

commissioned police officer means a police officer of or above the rank of inspector.

Commissioner means the Commissioner of Police.

Deputy Commissioner means a member of the NSW Police Force whose position is determined by the Minister under Part 5 as that of a Deputy Commissioner.

LECC means the Law Enforcement Conduct Commission constituted under the Law Enforcement Conduct Commission Act 2016.

LECC Chief Commissioner means the Chief Commissioner of the Law Enforcement Conduct Commission.

medical practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).

merit, in relation to a decision of the Commissioner to appoint or recommend for appointment a person to a position in the NSW Police Force or rank or grade within a rank of police officer, means—

the possession by the person of qualifications determined in respect of the position or rank or grade by the Commissioner, and

the aptitude of the person for the discharge of the duties of the position or rank or grade, and

the integrity, diligence and good conduct of the person.

non-commissioned police officer means a police officer under the rank of inspector.

non-executive administrative employee means a member of the NSW Police Force, other than a police officer or a NSW Police Force senior executive.

non-executive police officer—see Part 6.

NSW Police Force means the NSW Police Force established by this Act.

NSW Police Force senior executive—see section 32.

Personal Injury Commission or Commission, for Part 9B—see section 199A.

police education course means a course of education determined by the Commissioner to be a police education course for the purposes of one or more provisions of this Act or the regulations.

police officer means a member of the NSW Police Force holding a position which is designated under this Act as a position to be held by a police officer.

police officer support scheme, for Part 9B—see section 199B.

position, in relation to NSW Police Force senior executives or non-executive administrative employees, includes role.

psychologist has the same meaning as in the Health Practitioner Regulation National Law (NSW).

recognised law enforcement officer means a person appointed as a recognised law enforcement officer under Part 10B whose appointment is in force.

role of a NSW Police Force senior executive or a non-executive administrative employee means the duties and responsibilities of any such executive or employee.

student of policing means a person (other than a police officer) who is undergoing a police education course.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes in the text of this Act do not form part of the Act.

In this Act, a reference to a Presiding Officer of a House of Parliament is a reference to the President of the Legislative Council or the Speaker of the Legislative Assembly.

If there is a vacancy in the office of President, the reference to the President is taken to be a reference to the Clerk of the Legislative Council.

If there is a vacancy in the office of Speaker, the reference to the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.

The NSW Police Force is established by this Act.

The NSW Police Force comprises the following members—

the Commissioner,

NSW Police Force senior executives,

all other police officers or non-executive administrative employees who are employed under this Act.

(Repealed)

The mission of the NSW Police Force is to work with the community to reduce violence, crime and fear.

The NSW Police Force has the following functions—

to provide police services for New South Wales,

to exercise any other function conferred on it by or under this or any other Act,

to do anything necessary for, or incidental to, the exercise of its functions.

In this section—

police services includes—

services by way of prevention and detection of crime, and

the protection of persons from injury or death, and property from damage, whether arising from criminal acts or in any other way, and

the provision of essential services in emergencies, and

any other service prescribed by the regulations.

A reference in this section to the functions of the NSW Police Force includes a reference to the functions of members of the NSW Police Force.

The provision of police services in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989 and to the Essential Services Act 1988.

Nothing in this section confers on the NSW Police Force a power to provide a police service in a way that is inconsistent with any provisions applicable to police officers under the Law Enforcement (Powers and Responsibilities) Act 2002.

The NSW Police Force has the functions of working collaboratively (so far as practicable) with LECC with respect to the education of police officers and administrative employees about police and administrative employee misconduct, officer maladministration and agency maladministration and the support and promotion of initiatives of the NSW Police Force directed at the prevention and elimination of such misconduct and maladministration.

An expression used in this section which is defined in the Law Enforcement Conduct Commission Act 2016 has the meaning it has in that Act.

Each member of the NSW Police Force is to act in a manner which—

places integrity above all,

upholds the rule of law,

preserves the rights and freedoms of individuals,

seeks to improve the quality of life by community involvement in policing,

strives for citizen and police personal satisfaction,

capitalises on the wealth of human resources,

makes efficient and economical use of public resources, and

ensures that authority is exercised responsibly.

The Commissioner is, subject to the direction of the Minister, responsible for the management and control of the NSW Police Force.

The responsibility of the Commissioner includes the effective, efficient and economical management of the functions and activities of the NSW Police Force.

The Commissioner may classify the various duties that members of the NSW Police Force are required to perform and allocate the duties to be carried out by each such member.

The Commissioner may issue (and from time to time amend or revoke) instructions to members of the NSW Police Force with respect to the management and control of the NSW Police Force.

The Commissioner (on behalf of the Crown) may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the functions of the NSW Police Force.

This section is subject to the other provisions of this Act and the regulations.

In addition to the position of Commissioner, the positions in the NSW Police Force consist of such positions as the Commissioner may determine in accordance with this Act.

The Commissioner—

may create, abolish or otherwise deal with any position in the NSW Police Force, and

must classify and grade each such position.

(Repealed)

Police officers of the rank of constable (or such of those police officers as the Commissioner determines) are to be appointed to that rank or to a grade within that rank, and hold a position (but not a separate position) in the NSW Police Force.

(Repealed)

The Commissioner may establish, or abolish, or change the name of, any branch or other part of the NSW Police Force.

The Commissioner is required to designate the positions in the NSW Police Force which are to be held by police officers.

A position in the NSW Police Force is to be so designated if the Commissioner is satisfied that the holder will be required to carry out, or will be concerned in, operational police duties or that it is otherwise appropriate to do so.

The Commissioner may not designate such a position while it is being held by an administrative employee or remove the designation of such a position while it is being held by a police officer.

The Commissioner is a police officer.

(Repealed)