Police Service Administration Regulation 2016

This regulation may be cited as the Police Service Administration Regulation 2016.

This regulation commences on 1 July 2016.

The dictionary in schedule 3 defines particular words used in this regulation.

For section 3.3 of the Act, the following oath is prescribed—

‘I, [state full name], swear that, from this date until I am legally discharged—

I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law, as a police officer for the Queensland Police Service, with honour, diligence and integrity and with respect for human rights;

I will protect life and property, preserve peace and good order, and prevent the commission of offences; and

I will, to the best of my knowledge and skill, discharge my duties faithfully, without favour or affection, malice or ill will and according to law.

So help me God!’.

For section 3.3 of the Act, the following affirmation is prescribed—

‘I, [state full name], solemnly, sincerely and truly affirm and declare that, from this date until I am legally discharged—

I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law, as a police officer for the Queensland Police Service, with honour, diligence and integrity and with respect for human rights;

I will protect life and property, preserve peace and good order, and prevent the commission of offences; and

I will, to the best of my knowledge and skill, discharge my duties faithfully, without favour or affection, malice or ill will and according to law.’.

A person who must take, or make, and subscribe an oath or affirmation under section 3.3 of the Act must do so before—

a justice; or

a justice of another State; or

the commissioner, an executive officer or a commissioned officer; or

a member of a police force or police service of another State who may under the law of that State—

administer an oath or affirmation for the appointment of a police officer or special constable for that State; or

witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer or special constable for that State that has or in part has a similar purpose to an oath or affirmation stated in this part.

Example of a document mentioned in subparagraph (ii)—

An engagement under the Police Act 1892 (WA), section 10.

A person who, outside Queensland, administers an oath or affirmation in relation to the appointment of a special constable for Queensland must give the commissioner both of the following within 14 days after the oath or affirmation was administered—

a statement, signed by the person, of—

the person’s name and contact address; and

the person’s authority to administer the oath or affirmation;

a copy of the oath or affirmation as subscribed by the special constable.

A failure by the person who administered the oath or affirmation to comply with subsection (2) does not invalidate the special constable’s appointment.

For section 5.22 of the Act, the following oath is prescribed for a person to take and subscribe before beginning to perform duty as a protective services officer—‘I, A.B., swear by almighty God that I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law in the office of protective services officer or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God.’.

However, subsection (3) applies if the person’s first performance of duty as a member of the service is to be as a member of a rank other than the rank of protective services officer.

The oath prescribed for the person to take and subscribe before beginning to perform duty as a member of the service is the oath stated in subsection (1) subject to the words ‘protective services officer’ being replaced by the word or words stating the other rank.

For section 5.22 of the Act, the following affirmation is prescribed for a person to take and subscribe before beginning to perform duty as a protective services officer—‘I, A.B., do solemnly, sincerely and truly affirm and declare that I will well and truly serve His Majesty King Charles the Third and His heirs and successors according to law in the office of protective services officer or in such other capacity as I may be hereafter appointed, promoted, or may be reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; and that while I shall continue to be a member of the Queensland Police Service I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.’.

However, subsection (3) applies if the person’s first performance of duty as a member of the service is to be as a member of a rank other than the rank of protective services officer.

The affirmation prescribed for the person to take and subscribe before beginning to perform duty as a member of the service is the affirmation stated in subsection (1) subject to the words ‘protective services officer’ being replaced by the word or words stating the other rank.

A person who must take, or make, and subscribe an oath or affirmation under section 5.22 of the Act must do so before—

a justice; or

a justice of another State; or

the commissioner, an executive officer or a commissioned officer; or

a member of a police force or police service of another State who may under the law of that State—

administer an oath or affirmation for the appointment of a police officer for that State; or

witness the signing of a document (whether or not sworn) by a person in relation to the person’s appointment as a police officer for that State that has or in part has a similar purpose to an oath or affirmation stated in this division.

Example of a document mentioned in subparagraph (ii)——

an engagement under the Police Act 1892 (WA), section 10

For section 4.8(2)(a) of the Act, the following are prescribed as particular matters within the scope of the prescribed responsibility—

deciding priorities relating to the service;

deciding the appropriate organisational structure of the service;

the control of the human, financial or other resources of the service;

the designation or redesignation of offices;

deciding the number and deployment of officers or staff members;

the selection of persons as officers or police recruits;

the qualifications for offices in the service and the duties attaching to the offices;

deciding levels of salaries, wages or allowances of members of the service;

the promotion or demotion of officers or staff members;

the training and development of members of the service;

the discipline of members of the service;

the dress or appearance of members of the service;

the appraisal of performance of members of the service;

the approval or administration of leave arrangements;

the internal redeployment or retraining of officers or staff members;

the termination of employment of members of the service;

deciding the times within which members of the service are to perform their ordinary hours of work;

developing ways to ensure all members of the service are treated justly, fairly and with compassion;

deciding the number and location of police establishments or police stations;

keeping proper records, including records about—

the action taken by an officer or someone else in relation to a person suspected of having committed an offence; and

the result of any proceeding against the person for the suspected offence;

for a proceeding against a person for an offence with which the person was charged by an officer—taking part in a conference with the person’s lawyer about the conduct of the proceeding to narrow issues or help in the timely resolution of the proceeding;

without limiting the action that may be taken by the commissioner as a result of the conference—

deciding whether to amend, substitute or withdraw the charge; and

deciding facts to be presented to the court for the charge; and

if the prosecution has an election (prosecution’s election) about whether the proceeding for the offence is to be a summary proceeding—deciding whether to make the election; and

Examples of provisions that provide for a prosecution’s election—

• Criminal Code, section 552A

• Drugs Misuse Act 1986, section 118

• Weapons Act 1990, section 161

in deciding whether to make a prosecution’s election—having regard to any guidelines under the Director of Public Prosecutions Act 1984, section 11 applying to the commissioner, or any other relevant consideration; and

deciding the submissions to be made to a court by a prosecutor in relation to the sentencing of an offender on conviction of an offence.

An officer must take reasonable steps to familiarise himself or herself with each of the following—

the Act;

each regulation made under the Act;

each direction by the commissioner under section 4.9 of the Act applying to the officer;

each determination or ruling made, or standard set or adopted, by the commissioner under section 10.28(2) of the Act applying to the officer;

the code of conduct for public service agencies under the Public Sector Ethics Act 1994, part 4, division 2;

any approved standard of practice for the service under the Public Sector Ethics Act 1994, section 12F.

The commissioner must—

ensure a copy of each document mentioned in subsection (1) is reasonably accessible to each officer; and

direct the attention of new officers to the requirements of subsection (1).

The commissioner must ensure there is a regular system of appraisal of the performance of officers.

The system must provide for—

each officer to receive information on the officer’s performance; and

if, after appraisal, it is considered that the officer’s performance needs to improve—the remedial steps available to improve the officer’s performance.