Police Administration Act 1978

This Act may be cited as the Police Administration Act 1978.

This Act shall come into operation on the date of commencement of the

Summary Offences Act 1978.

Notwithstanding the repeal of Part II of the Police and

Police Offences Ordinance 1923 effected by section 4 of the Summary Offences Act 1978 a person who was a member of the

Police Force under Part II of the Police and Police Offences

Ordinance 1923 immediately before the commencement of this

Act continues to be a member of the Police Force under this Act with the same rank and seniority and, subject to this Act, upon the same terms and conditions which applied to the member immediately before the commencement of this Act.

Notwithstanding the repeal of Part IV of the Police and

Police Offences Ordinance 1923 effected by section 4 of the

Summary Offences Act 1978 all warrants issued and all arrests and other actions taken by a member pursuant to Part IV of the Police and Police Offences Ordinance 1923 shall continue to have force and effect as if issued or taken under Part VII of this Act.

In this Act:

Aboriginal Community Police officer means a person appointed as an Aboriginal Community Police officer under section 19.

affected member, for Part VII, Division 7AA, see section

147FA(1).

aircraft, for Part VII, see section 116(2).

ammunition, for Part VII, see section 116(2).

Appeal Board includes a Promotions Appeal Board, a

Disciplinary Appeal Board and an Inability Appeal Board.

approved member, for Part VII, Division 1C, see section

116K.

Assistant Commissioner means an Assistant Commissioner of Police appointed under section 8.

at, for Part VII, see section 116(2).

child, for Part VII, Division 7AA, see section 147FA(1).

Commissioner means the Commissioner of Police appointed under section 7.

corresponding jurisdiction means any of the following in which a forensic law is in force:

the Commonwealth, a State or another Territory;

a foreign country prescribed by the Regulations.

court, for Part VII, Division 7AA, see section 147FA(1).

dangerous drug, see section 120A.

declared area, for Part VII, Division 5A, see section

135A.

Deputy Commissioner means a Deputy Commissioner of

Police appointed under section 7.

designated scanning area, for Part VII, Division 1C, see section 116K.

disease test approval, for Part VII, Division 7AA, see section 147FA(1).

disease test authorisation, for Part VII, Division 7AA, see section 147FA(1).

disease test order, for Part VII, Division 7AA, see section 147FA(1).

dismiss, in Parts IV, V and VI, in relation to a member, means to terminate the employment of the member because of a breach of discipline.

explosive, for Part VII, see section 116(2).

firearm, see section 3(1) of the Firearms Act

1997.

forensic law means a law providing for the carrying out of a forensic procedure.

forensic procedure means an intimate procedure or non-intimate procedure.

forensic procedure approval means an approval to carry out a forensic procedure given by:

a Local Court Judge under section 145(4);

a Local Court Judge under section 30 or 31 of the Youth

Justice Act 2005; or

a member of the Police Force under:

section 145A(1); or

section 31(2)(b) of the Youth Justice Act 2005.

general orders means general orders and instructions, as in force from time to time, issued under section 14A.

grounds for disease testing, for Part VII, Division 7AA, see section 147FB(5).

handheld scanner, for Part VII, Division 1C, see section 116K.

handheld scanner authority, for Part VII, Division 1C, see section 116KB(5).

health practitioner means a person registered under the

Health Practitioner Regulation National Law to practise in a health profession, other than as:

a diagnostic radiographer in the diagnostic radiographer division of the medical radiation practice profession; or

a student.

incapable person, for Part VII, Division 7AA, see section 147FA(1).

infectious disease, for Part VII, Division 7AA, see section 147FA(1).

infringement notice offence, for Part VII, Division

4AA, see section 133AA.

intimate procedure includes the following procedures:

examining the body, either internally or externally;

taking from the body a substance on or in the body;

taking a sample of a substance on or in the body;

taking a sample of blood (other than by a swab or washing from an external part of the body);

taking a sample of pubic hair;

taking a sample from the external genital or anal area or the buttocks by swab or washing;

taking a sample from the external genital or anal area or the buttocks by vacuum suction, scraping or lifting by tape;

taking a dental impression or an impression of a bite mark;

taking a photograph, or an impression or cast, of a wound to the genital or anal area or the buttocks;

taking an X ray;

taking a sample of urine;

in the case of a female:

examining the breasts;

taking a sample from the breasts by swab or washing;

taking a sample from the breasts by vacuum suction, scraping or lifting by tape; and

taking a photograph, or an impression or cast, of a wound to the breast.

intoxicated, for Part VII, Division 4, see section

127A.

member means a member of the Police Force.

merit, for appointment or promotion to a rank in the

Police Force under Part II, Division 3, see section 15A.

non-intimate procedure includes the following procedures:

taking a sample of saliva or a sample by buccal swab;

examining a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

taking a sample of hair other than pubic hair;

taking a sample by swab or washing from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

taking a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

taking a hand print, fingerprint, footprint or toe print;

taking a photograph of, or an impression or cast of a wound to, a

part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

taking a photograph of a person.

nurse, for Part VII, Division 7AA, see section 147FA(1).

offence, for Part VII, see section 116(2).

Ombudsman, see section 4 of the Ombudsman Act 2009.

place, for Part VII, see section 116(2).

Police Association means the Northern Territory Police

Association.

Police auxiliary means a person appointed as a Police auxiliary under section 19.

Police Cadet means a Police Cadet appointed under section 18.

Police Civil Employment Unit means the Agency of that name specified in Schedule 1 to the Public Sector Employment and Management Act 1993.

police dog means a dog used by the Police Force in the performance of the functions of the Police Force.

Police Force means the Police Force of the Northern

Territory of Australia established by this Act.

Police Gazette means a document published under section

165(1).

police horse means a horse used by the Police Force in the performance of the functions of the Police Force.

Police Public Safety officer means a person appointed as a Police Public Safety officer under section 19.

precursor, see section 3(1) of the Misuse of Drugs

Act 1990.

premises, for Part VII, see section 116(2).

prescribed member means a member holding the prescribed rank.

Professional Standards Command means the Ethical and

Professional Standards Command of the Police Force established by section 34G.

Professional Standards Command member means a member assigned to the Professional Standards Command.

proper authority, of a corresponding jurisdiction, means:

the person performing functions in relation to the police force or service of the corresponding jurisdiction that correspond to the functions of the Commissioner; or

an entity prescribed by the Regulations.

protected person, for Part VII, Division 7AA, see section 147FA(1).

public disorder, for Part VII, Division 5A, see section

135A.

public disorder declaration, for Part VII, Division 5A, see section 135B(1).

public place:

for Part VII, Division 1C – see section 116K; or

for Part VII, Division 5A – see section 135A.

public transport facility, for Part VII, Division 1C, see section 116KA.

public transport vehicle, for Part VII, Division 1C, see section 116K.

qualified person, for Part VII, Division 7AA, see section 147FA(1).

responsible Minister, of a corresponding jurisdiction, means the Minister responsible for administering a forensic law of the jurisdiction.

responsible person, for Part VII, Division 7AA, see section 147FA(2).

restricted weapon, for Part VII, see section 116(2).

retire, in Parts IV, V and VI, in relation to a member, means to terminate the employment of the member otherwise than by dismissing the member.

school, for Part VII, Division 1C, see section 116K.

senior member, for Part VII, Division 7AA, see section 147FA(1).

ship, for Part VII, see section 116(2).

Special Constable means a Special Constable appointed under Division 4 of Part II.

substance, for Part VII, Division 7AA, see section 147FA(1).

third party, for a transferor, means:

a responsible person for the transferor on whom an application for a disease test order is served under section 147FI; or

another responsible person for the transferor appointed third party under section 147FJ(1)(d).

transfer of a substance, for Part VII, Division 7AA, see section 147FA(1).

transferor, for Part VII, Division 7AA, see section 147FA(1).

Tribunal means the Police Arbitral Tribunal formerly constituted under the Police and Police Offences Ordinance and continued under Part III of this Act.

use, for Part VII, Division 1C, see section 116K.

vehicle, for Part VII, see section 116(2).

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

A reference in this Act to this Act includes a reference to the Regulations.

Except in Part VII, a reference in this Act to a member includes a reference to a member of the Police Force who is on probation under section 16A and has not yet taken an oath mentioned in section 26.

Part IIAA of the Criminal Code applies to an offence against section 134, 134A, 134B, 147FG,

147FO, 147FV, 155 or 157A.

Note for section 4A

Part

IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part II Police Force of the

Northern Territory

Division 1 Establishment of

Police Force

There is established by this Act the Police Force of the

Northern Territory.

The core functions of the Police Force are:

to uphold the law and maintain social order; and

to protect life and property; and

to prevent, detect, investigate and prosecute offences; and

to manage road safety education and enforcement measures; and

to manage the provision of services in emergencies.

The Police Force shall consist of a Commissioner and other members appointed and holding office under and in accordance with this Act.

Division 2 Commissioner,

Deputy and Assistant Commissioners

In appointing a person to an office under this Division, the merit of the person is to be the primary, but not the sole, consideration.

For subsection (1), the merit of a person for appointment to an office under this Division means the capacity of the person to perform the duties of the office, having regard to the person's:

knowledge, skills, qualifications and experience; and

aptitude, diligence, good conduct and quality of service; and

potential for further development in the Police Force.

The Administrator may, by commission, appoint a person to be

Commissioner of Police or a Deputy Commissioner of Police.

The Minister may appoint a person to be an Assistant

Commissioner of Police.

The Administrator may issue his or her commission to a person appointed under subsection (1).

Subject to the provisions contained in an Act (including this

Act), the Commissioner, a Deputy Commissioner or an Assistant

Commissioner appointed under this Part:

shall be paid such remuneration and allowances; and

shall hold office on such terms and conditions,

as the Administrator, from time to time, determines.

The Commissioner, a Deputy Commissioner or an Assistant

Commissioner appointed under this Part shall not be an employee for the purposes of the Public Sector Employment and Management Act

1993.

Subject to subsection (3A), in determining the matters specified in subsection (1) the Administrator shall ensure that the remuneration and allowances and terms and conditions of the

Commissioner, a Deputy Commissioner or an Assistant Commissioner shall be not less than those of other members of the Police Force.

The Administrator may determine that the Commissioner, a Deputy

Commissioner or an Assistant Commissioner is to hold office for a fixed period.

Where the Commissioner, a Deputy Commissioner or an Assistant

Commissioner ceases to hold office other than by reason of his death or resignation or his retirement under section 10, he shall be paid compensation to be determined by the Administrator.

The Commissioner, a Deputy Commissioner or an Assistant

Commissioner, who has attained the age of 55 years may retire from the Police Force.

Notwithstanding any other provision of this Act, the

Commissioner, a Deputy Commissioner or an Assistant Commissioner may retire from the Police Force where he satisfies the Administrator that by reason of illness or other incapacity he is unable to discharge the duties of his position.

A retirement under subsection (3) is not effective until it is accepted by the Administrator.