Particular matters within scope of prescribed responsibility
7 Particular matters within scope of prescribed responsibility
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.
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