Police Act Amendment Act 1978 (Qld)

254 Qmenslalt^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 32 of 1978 An Act to amend the Police Act 1937-1977 in certain particulars and for other purposes [ASSENTED TO 8TH J UNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Police Act Amendment Act 1978. (2) The Police Act 1937-1977 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Police Act 1937-1978.

Police Act Amendment Act 1978, No. 32 255 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by omitting from the words " PART V-POLICE REWARD FUND " the word " REWARD ". 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in the term "Member of the Police Force ", inserting after the expression " inspector," the words " technical or scientific officer (including every principal technical officer and principal scientific officer) "; (b) inserting after the term" " Pay and salary," " pay," or " salary the following term:- " " Police establishment "-Includes- (a) any Police station, Police residence, watchhouse, Police paddock, Police yard, Police reserve, together with all fixtures therein or thereon; (b) any building or yard appropriated to the use of members of the Police Force for the time being attached to the branches and establishments specified in paragraph (b) of section 8 (3), together with all fixtures therein or thereon; (c) any building or yard appropriated to the use of members of the Police Force for the time being attached to any Police squad, section, unit, division or bureau, together with all fixtures therein or thereon;"; (c) inserting after the term " " Police Force " or " Force " ", the following term:- " " Police Region "-A Police Region constituted under section 4A;". 4. Amendment of s. 5. Section 5 of the Principal Act is amended by inserting after the first paragraph the following paragraph:- " In constituting a Police District pursuant to the preceding paragraph the Governor in Council may delineate the boundaries thereof by metes and bounds or by reference to Local Authority boundaries or by maps retained by the Commissioner for that purpose in respect of each district.". 5. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (1), in the second paragraph, omitting the word "three" and substituting the word " five ". 6. Repeal of s. 7B. The Principal Act is amended by repealing section 7B. 7. Amendment of s. 7C. Section 7c of the Principal Act is amended by omitting the words " or Commissioner's Inspector " wherever occurring. 8. Amendment of s. 8 . Section 8 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words " and Inspectors " and substituting the expression ", etc (b) in subsection (1), omitting the words " and inspectors " and substituting the words ", inspectors, principal technical officers and principal scientific officers ";

256 Police Act Amendment Act 1978, No. 32 (c) in subsection (3), (i) omitting the word " and " occurring between subparagraph (a) and subparagraph (b); (ii) omitting subparagraph (v) of paragraph (b) and substituting the following subparagraphs:- " (v) the establishment known as the Police Academy; (va) the establishment known as the Police College "; (iii) inserting at the end of subparagraph (b), the following subparagraph:- 11 . (c) principal technical officers and principal scientific officers to- (i) the Technical and Scientific Branch, and may appoint one of those officers to be the officer in charge of that branch; (ii) a Police District "; (d) inserting after subsection (4) the following subsection:- 6'(4A) A principal technical officer or principal scientific officer assigned to a Police District shall be subject to the direction and superintendence of the inspector for the time being assigned to that district.". 9. Amendment of s. 10 . Section 10 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the words " and constables " and substituting the expression ", etc "; (b) in subsection (1), (i) inserting after the words " and constables, of different grades," the words " and technical or scientific officers of different grades (other than principal technical officers or principal scientific officers) "; (ii) inserting after the words " dismiss any sergeant or constable the words " or any such technical or scientific officer "; (iii) in the first proviso, omitting the words ", and who has not previously been a member of the Police Force of this State,"; (iv) in the third proviso, inserting after the words " promotion to any rank of sergeant" the words "or to any grade of technical or scientific officer (other than a principal technical officer or a principal scientific officer) "; (v) in the fourth proviso, omitting the word " Superintendent " and substituting the word " Commissioner "; (c) omitting subsections (2) and 3). 10. New s. 10A. The Principal Act is amended by inserting after section 10 the following section:- " 10A. Appointment of probationaries . The Commissioner may appoint persons to enter into training for appointment as members of the Police Force. Persons appointed to enter into training for such appointment, whether appointed before or after the passing of the Police Act Amendment Act 1978 shall be subject to and shall be deemed always to have been subject to rules made under this Act with respect to persons of that class.".

Police Act Amendment Act 1978, No. 32 257 11. Amendment of s. 11 . (1) Section 11 of the Principal Act is amended by in subsection (1), in the first paragraph, inserting after the words "Police Force" the words "and of persons appointed to enter into training for appointment as members of the Police Force ". (2) To allay any doubt, it is hereby declared that every rule made with respect to persons appointed to enter into training for appointment as members of the Police Force and every rule made in amendment or in lieu thereof or in substitution therefor or in addition thereto prior to the commencement of this Act, all such rules purporting to be made in pursuance of the Police Act 1937 as amended at the material time, are and always have been validly made under the authority of that Act as so amended. 12. Amendment of s. 12 . Section 12 of the Principal Act is amended by- (a) omitting subsections (1) and (2) and substituting the following subsections:- (1) No person shall be appointed a constable of police- (a) unless he is under the age of 40 years, is of good character, has attained the educational standard prescribed by the rules and his state of physical fitness is such that it complies with that prescribed by the rules; (b) who has been convicted of a crime or misdemeanour. (2) A member of the Police Force shall not, without the prior approval in writing of the Commissioner,. engage in any employment other than that of such a member or engage in any trade or business."; (b) in subsection (3), omitting the word "thirty" where twice occurring and substituting in each case the word " forty ". 13. Amendment of s. 14 . Section 14 of the Principal Act is amended by- (a) numbering the existing section as subsection (1); (b) inserting after subsection (1) as so numbered by this section the following subsection:- " i2) To allay any doubts that may exist in relation thereto, it is declared that no appointment of a person as a member of the Police Force made before the passing of the Police Act Amendment Act 1978 shall be taken to be invalid or otherwise affected by any defect in or omission concerning the appointment as a justice of the peace of the person who administered to the appointee the oath specified in subsection (1).". 14. Amendment of s. 18. Section 18 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the words " Three months' " and substituting the words " One month's "; (b) numbering the existing section as subsection (1);

258 Police Act Amendment Act 1978, No. 32 (c) in subsection (1) as so numbered by this section, (i) omitting the words " in writing " where firstly occurring; (ii) omitting the words " three months' " and substituting the words " one month's "; (d) inserting after subsection (1) as so numbered by this section the following subsection:- " (2) In any legal proceeding a certificate purporting to be signed by the Commissioner certifying- (a) that a member of the Police Force has resigned or withdrawn from the duties thereof; (b) as to the effective date of such resignation or withdrawal, shall be evidence and in the absence of evidence to the contrary shall be conclusive evidence of those matters.". 15. Repeal of and new s. 19. The Principal Act is amended by repealing section 19 and substituting the following section:- " 19. Members of Police Force to deliver over . (1) Every member of the Police Force shall forthwith upon his ceasing to be such deliver over to such person as is appointed by the Commissioner (either generally or in a particular case) for such purpose everything (whether animate or inanimate) that has been supplied to him for the execution of his duty as such member or that has come into his possession in his executing that duty. Penalty: three months' imprisonment with hard labour. (2) If a member referred to in subsection (1) fails to deliver over as required by that subsection, a justice of the peace may issue his search warrant to search for and seize to the use of Her Majesty anything specified in that subsection that has not been delivered over wherever it may be found.". 16. Amendment of s. 21 . Section 21 of the Principal Act is amended by omitting the words " at any Assizes or Commission of Oyer and Terminer or Goal Delivery or Sessions of the Peace " and substituting the words " by any court ". 17. New s. 23A. The Principal Act is amended by inserting after section 23 the following section:- " 23A. Penalty for unlawfully supplying documents . (1) Any member of the Police Force, or any person appointed to enter into training for appointment as a member of the Police Force, who unlawfully supplies to any person any confidential document brought into existence for the proper administration of the Police Force shall on conviction be liable to a penalty of $500. (2) A person who commits an offence against this section may be prosecuted and convicted under the provisions of this section or, if the rules made under this Act provide for the punishment of his offence, he may be dealt with under those rules, but he shall not be punished both under those rules and under this section for the one offence.".

Police Act Amendment Act 1978, No. 32 259 18. Amendment of s. 33. Section 33 of the Principal Act is amended by, in subsection (1), omitting the words " all arms, weapons, and other articles which have been provided for him " and substituting the words " everything (whether animate or inanimate) that has been supplied to him for the execution of his duty as a member of the Police Force or that has come into his possession in his executing that duty ". 19. Amendment of s. 34 . Section 34 of the Principal Act is amended by- (a) inserting after the word " assaults " the words ", obstructs, hinders "; (b) inserting after the words " or who " the words " attempts so to do or who ". 20. Amendment of s. 37. Section 37 of the Principal Act is amended by omitting subparagraph (a). 21. Amendment of heading to Part V. The Principal Act is amended by in the heading appearing immediately before section 53 omitting the word " REWARD ". 22. Amendment of s. 53. Section 53 of the Principal Act is amended by omitting the word " Reward ". 23. Amendment of s. 54 . Section 54 of the Principal Act is amended by omitting the word " Reward ". 24. Amendment of s. 57. (1) Section 57 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " senior sergeant " the words " or of or below the grade of senior technical officer or senior scientific officer "; (b) in subsection (1A), (i) inserting after the words " then any member of the Police Force " the words " (other than a member of the Technical and Scientific Branch) "; (ii) in subparagraph (iii), omitting the word " promotion " and substituting the word " appointment "; (iii) in the second paragraph omitting the words " to any rank of sergeant of the Police Force "; (c) inserting after subsection (IA), the following subsection:- " (1B) Subject to this subsection, where an appointment is made by way of promotion to any grade of senior technical officer or senior scientific officer of the Police Force, then any member of the Technical and Scientific Branch below the grade to which the appointment is made- (i) who applied for that appointment, in accordance with the rules made under this Act and within the time for the receipt of applications for the appointment stated in, and otherwise in compliance with, the notification inviting applications therefor published in the Queensland Police Gazette; and

260 Police Act Amendment Act 1978, No. 32 (ii) who hold a grade next below the grade to which the appointment is made; and (iii) who is dissatisfied with that appointment, may in such manner and within such time as is prescribed by the rules under this Act appeal to The Appeal Board which shall be constituted for the purposes of such appeal. An appeal under this subsection shall not lie where, consequent on the success of his appeal, an appellant is promoted to any grade of senior technical officer or senior scientific officer of the Police Force. The second paragraph of subsection (1A) shall be read and construed with this subsection."; (d) in paragraph (b) of subsection (2), (i) omitting the first paragraph and substituting the following paragraph:- " The Executive of the Queensland Police Union shall furnish to the Minister in each year, on or before a date fixed by him a panel of five names in respect of each Police Region."; (ii) omitting the third and fourth paragraphs and substituting the following paragraphs:- " Each person whose name is included in such a panel shall be a member of the Police Force of the rank of sergeant or of the grade of senior technical officer or senior scientific officer of police. If a person whose name is included in such a panel ceases to be a member of the Police Force of the rank of sergeant or of the grade of senior technical officer or senior scientific officer of police, his name shall thereupon be deleted from the panel in question."; (e) in subsection (2A), inserting after paragraph (a) the following paragraph:- " (aa) In making a notification pursuant to paragraph (a), the Governor in Council shall specify the term for which the stipendiary magistrate whose name has been notified is to be a member and the chairman of the Appeal Board which term shall not exceed two years."; (f) omitting subsection (5), and substituting the following subsection:- " (5) Unless in a particular case the Minister otherwise orders, appeals shall be heard at such place within the Region in question as the Appeal Board directs. Where members of the Police Force are employed in remote localities, and arrangements cannot conveniently be made for their attendance in person (whether as appellants or witnesses) or they would be subjected to great expense in travelling to appear before the Appeal Board, the Appeal Board may appoint a competent person or persons to take evidence on oath in that locality concerning the matter of appeal. Such evidence shall be forwarded to the Appeal Board for its consideration.";

Police Act Amendment Act 1978, No. 32 261 (g) in subsection (6), (i) in the first paragraph, inserting after the words " of the Commissioner, and " the words ", subject to this subsection,"; (ii) omitting from the second paragraph the word " four " and substituting the words " at least 14 "; (iii) inserting after the second paragraph the following paragraph:- " An appeal shall not be heard until the expiration of 30 days after the last day for lodgement of an appeal."; (h) in subsection (10) omitting subparagraphs (b) and (c). (2) The Stipendiary magistrate who at the date of passing of this Act is a member and the chairman of the Appeal Board constituted under the Principal Act and whose name has been notified pursuant to paragraph (a) of section 57 (2A) of that Act shall cease to hold office as such member and chairman after the expiration of two years from that date. 25. Amendment of s. 57A. Section 57A of the Principal Act is amended by omitting the words " superintendent or inspector of the Police Force (other than the Commissioner's Inspector or the Chief Superintendent) dismissed " and substituting the words " Assistant Commissioner, superintendent (including the Chief Superintendent), inspector, principal technical officer or principal scientific officer of the Police Force dismissed, disrated". 26. Amendment of s. 59. Section 59 of the Principal Act is amended by- (a) omitting the words " or resists," and substituting the words ", resists, obstructs, hinders "; (b) omitting the words " or resist," and substituting the words ", resist, obstruct or hinder "; (c) inserting after the words " execution of his duty " the words or attempts so to do ". 27. New s. 59A. The Principal Act is amended by inserting after section 59 the following section:- " 59A. Assistance to police. Any person who, having reasonable notice that he is required to assist a member of the Police Force in arresting any person for an offence against any section specified in section 64 (1), without reasonable excuse omits to do so shall be guilty of an offence against this Act. Penalty: $200 or imprisonment for two months, or both such fine and imprisonment.".

262 Police Act Amendment Act 1978, No. 32 28. Amendment of s. 62 . Section 62 of the Principal Act is amended by- (a) in subsection (1), (i) in subparagraph (a), omitting the words " arms, ammunition, article of clothing, accoutrements, or appointments of " and substituting the words " confidential document brought into existence for the proper administration of the Police Force or any other thing (whether animate or inanimate) appropriated to the use of "; (ii) inserting at the end of the subsection the following paragraph:- " For the purpose of subparagraphs (b), (c) and (d) of the preceding paragraph the term member of the Police Force includes a member of the Police Force of any other State or Territory of the Commonwealth, or of any other country.". 29. Amendment of s. 63. Section 63 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the expression " (1) " that occurs at the beginning of that subsection; (ii) omitting paragraphs (a) and (e); (b) omitting subsection (2). 30. Amendment of s. 64 . Section 64 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the word " arrested " the words " and finger printed "; (b) numbering the existing section as subsection (1); (c) in subsection (1) as so numbered by this section, (i) omitting the word " offending " and substituting the words " who commits an offence "; (ii) in the proviso, omitting the words " or summons " and substituting the words " and summons "; (d) inserting after subsection (1) as so numbered by this section the following subsection:- " (2) Where a person has been arrested for an offence against any section specified in subsection (1), the officer in charge of of police at the police station to which he is taken after arrest or where he is in custody, as the case may be, may take or cause to be taken all such particulars as he thinks necessary for the identification of that person, including his photograph, finger prints, foot prints and palm prints. If that person is found not guilty or is not proceeded against, any photograph, finger print, foot print or palm print taken in pursuance of this subsection shall forthwith be destroyed.".

Police Act Amendment Act 1978, No. 32 263 31. Repeal of and new s. 67. The Principal Act is amended by repealing section 67 and substituting the following section:- " 67. Disposal of unclaimed and perishable property. (1) Subject to this section, anything (whether animate or inanimate) that lawfully comes into the possession of any member of the Police Force and that is unclaimed within four months shall, at the direction of the Commissioner, be sold and disposed of by public auction and the proceeds of such sale shall, unless claimed within twelve months after the sale, be applied to the Police Fund. (2) A sale of anything pursuant to subsection (1) shall be valid against all persons, and the person selling any such thing shall not be liable to pay any auction or other duty in respect of the sale. (3) Before anything is sold pursuant to subsection (1), notice of the sale shall be published three several times in a newspaper circulating in the district in which the sale is to be held. (4) Where anything specified in subsection (1) is a motor vehicle and the inspector for the time being assigned to the Police District in question considers that it has a value of less than $200, or in respect of any other thing specified in that subsection that it has a value of less than $20 that vehicle or that other thing may be disposed of in such manner as the Commissioner directs. (5) Where the inspector for the time being assigned to the Police District in question considers that anything specified in subsection (1) is of a perishable nature or is unsaleable or, if it consists of food, he may in his absolute discretion direct that it be delivered to the officer in charge of a benevolent institution for the benefit of its inmates. If there is no benevolent institution in the place in question any such thing may be disposed of to any charitable purpose. (6) Where the inspector for the time being assigned to the Police District in question considers that anything specified in subsection (1) is so perished, contaminated, deteriorated, dilapidated, worn, in disrepair, or otherwise in such state or condition as to be dangerous or unfit for use for the purpose it was intended to be used or for any other purpose for which it is capable of being used, he may, in his absolute discretion direct that it be destroyed.". 32. Repeal of and new s. 68. The Principal Act is amended by repealing section 68 and substituting the following section:- " 68. Commissioner deemed to be owner . (1) For the purpose of legal proceedings- (a) every Police establishment; and (b) anything (whether animate or inanimate) appropriated to the use of members of the Police Force at a Police establishment, or used by a member of the Police Force

264 Police Act Amendment Act 1978, No. 32 for the time being attached to, in residence in or present at a Police establishment, not being the private property of a member of the Police Force, shall be deemed to be the property of the person who for the time being is the Commissioner. (2) An action or suit shall not abate or be determined by the death, resignation or removal of the Commissioner but may proceed in the name of his successor. (3) In all legal proceedings a certificate purporting to be signed by the Commissioner certifying that any building, paddock, yard or reserve is a Police establishment or certifying in respect to anything (whether animate or inanimate) that- (a) it is not the private property of a member of the Police Force ; (b) it is appropriated to the use of members of the Police Force at a Police establishment; or (c) it is used by a member of the Police Force for the time being attached to, in residence in or present at a Police establishment, shall be evidence and in the absence of evidence to the contrary shall be conclusive evidence of those matters.". 33. Amendment of s. 69 . Section 69 of the Principal Act is amended by- (a) numbering the existing section as subsection (1); • (b) inserting after subsection (1) as so numbered by this section the following subsection:- " (2) It shall be lawful for a member of the Police Force to publish fair comment respecting the conduct of another member of the Police Force in the exercise of that other member's duties as a member of the Police Force, or respecting the character of that other member, so far as his character appears in that conduct.". 34. New ss. 69A and 69B. The Principal Act is amended by inserting after section 69 the following sections:- " 69A. Indemnity to Minister . The Minister is not liable for anything done by him for the purposes of this Act or done by him in good faith and purporting to be for the purposes of this Act. 69B. Liability for torts of the Police Force . (1) Subject to subsection (3), the Crown is liable in respect of a tort committed by a member of the Police Force in the performance or purported performance of his duties as such a member in like manner as a master is liable in respect of a tort committed by his servant in the course of his employment, and shall, in respect of such a tort, be treated for all purposes as a joint tortfeasor with the member.

Police Act Amendment Act 1978, No. 32 265 (2) In proceedings by way of a claim by the Crown for damages in respect of a tort, acts done by a member of the Police Force in the performance, or purported performance, of his duties as such a member may be relied on as constituting contributory negligence by the Crown if the acts could have been so relied on if they had been done by an employee of the Crown in the course of his employment. (3) The liability of the Crown under subsection (1) in respect of a tort committed by a member of the Police Force does not extend to a liability to pay damages in the nature of punitive damages in respect of the tort. (4) Where damages or costs, other than damages in the nature of punitive damages, are awarded against a member of the Police Force in proceedings with respect to a tort committed by that member in the performance, or purported performance, of his duties as such a member, the Crown may pay the whole or a part of the damages or costs awarded against that member and of any costs incurred, and not recovered, by him in the proceedings. (5) Where a sum is liable to be paid by a member of the Police Force under a settlement agreed to by him of a claim that has, or might have, given rise to proceedings of the kind referred to in subsection (4), the Crown may pay the whole or a part of that sum. (6) Where the Crown- (a) pays moneys by way of damages or costs in respect of a tort committed by a member of the Police Force, being moneys that the Crown is liable to pay by virtue of subsection (1) or pays in accordance with subsection (4); or (b) pays a sum in accordance with subsection (5), the Crown may recover, in a court of competent jurisdiction, contribution from the member in respect of the payment. (7) In proceedings for contribution under subsection (6), the amount of the contribution recoverable is such amount as is found by the court to be just and equitable in all the circumstances. (8) For the purpose of this section, any act done, or purported to have been done, by a member of the Police Force in the capacity of a constable shall be deemed to have been done in the performance, or purported performance, as the case may be, of his duties as such a member.". 35. New s. 71A. The Principal Act is amended by inserting after section 71 the following section:- "".71A. Member may appear in Court by another member. In any proceedings in a Magistrates Court, any member of the Police Force who is to appear in the execution of his duty other than as a witness, may appear by any other member of the Police Force.".

266 Police Act Amendment Act 1978, No. 32 36. Amendments relating to penalties. The Principal Act is amended as set forth in the Schedule. SCHEDULE, [s. 36] Provision to be amended Omit Insert Section 11 (4) Section 11 (5) Section 18 Section 23 Section 24 Section 29 Section 30 Section 33 (2) Section 34 Section 57 (10) (h) Section 60 Section 60A Section 61 (2) Section 62 (1) Section 74 (3) $40 $40 twenty pounds (a) $10 (b) $40 (a) $50 (b) $10 (c) six $40 $20 $20 (a) $20 (b) six $40 $20 $200 (a) $20 (b) six (a) $20 (b) six $40 $200 $200 $200 $40 $200 $500 $40 four $200 $200 $200 $200 two $200 $200 $2000 $200 two $200 two $200