Police Act Amendment Act 1980 (Qld)

351 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1980 An Act to amend the Police Act 1937-1978 in certain particulars [ASSENTED TO 12TH MAY, 19801

352 Police Act Amendment Act 1980, No. 29 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 1980. (2) In this Act the Police Act 1937-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Police Act 1937-1980. 2. Amendment of s. 10 . Section 10 of the Principal Act is amended by- (a) omitting the first proviso and the second proviso and substituting the following provisos:- " Provided that every person who is appointed to be a constable shall be appointed in the first instance for one year only and if, at the expiration of that year, the Commissioner is of the opinion that circumstances warrant it, may be appointed for a further period of six months and may, if the Commissioner considers he is unsuitable for any reason whatsoever to continue in the Police Force, be discharged by the Commissioner at any time before the expiration of one year from the day of that person's first appointment as a constable or, if that person has been appointed for a further period of six months, before the expiration of that period, and without assigning any reason other than that the Commissioner considers he is unsuitable to continue in the Police Force: Provided further, that every constable who is not discharged before the expiration of one year from the day of his appointment and, if he has been appointed for a further period of six months, before the expiration of that period shall, without reappointment, be deemed to be appointed generally and without limit of time, and shall not be liable to be discharged against his own will or dismissed by the Commissioner otherwise than after investigation of a charge of an offence or for unfitness as provided by this Act: "; (b) omitting subsection (4). 3. Amendment of s. 11. Section 11 of the Principal Act is amended by in subsection (2) omitting the expression "$40" and substituting the expression " $200 ". 4. Amendment of s. 25. Section 25 of the Principal Act is amended by- (a) numbering the existing section as subsection (1); (b) inserting after subsection (1) as renumbered the following subsection:- " (2) The Governor in Council by Order in Council or the Commissioner may appoint any person employed or appointed under

Police Act Amendment - Act 1980, No. 29 353 any Act or law of the Commonwealth or this State for the purposes of the effectual administration or enforcement of any Act or law of the Commonwealth or of this State, to act as a special constable whilst actually engaged in the performance of his duties under that Act or law for such term and in such manner as he shall determine: Provided that such person is a fit and proper person to be so appointed.". 5. Amendment of s. 26 . Section 26 of the Principal Act is amended by inserting before the word " city " the words " State of Queensland, part of Queensland,". 6. Amendment of s. 29. Section 29 of the Principal Act is amended by omitting the words " residing within the city, town, or place as aforesaid ". 7. Amendment of s. 31. Section 31 of the Principal Act is amended by- (a) omitting the words " Minister shall " and substituting the words " Minister may "; (b) in paragraph (a) omitting the word " every " and substituting the word " a ". 8. Amendment of s. 36. Section 36 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) Notwithstanding the provisions of subsection (1), any member of the Police Force may retire therefrom at any time within the period of five years immediately preceding the day on which he would attain the age of retirement by- (a) in the case of the Commissioner notice in writing under his hand addressed to the Governor in Council; or (b) in the case of a member other than the Commissioner, giving in writing six months' notice or notice of such less period as the Commissioner shall from time to time, either generally or in the particular case, determine of his intention so to retire to the Commissioner. The provisions of this subsection do not apply to a member of the Police Force who desires to be or is retired therefrom under section 37 of this Act.". 9. Amendment of s. 37. Section 37 of the Principal Act is amended by inserting after the word " sergeant " where it twice occurs the words " or, in the case of a scientific officer or a technical officer, the rank of Senior Scientific Officer Grade III or, as the case may be, Senior Technical Officer Grade III " in each case.

354 Police Act Amendment Act 1980, No. 29 10. Amendment of s. 37A. Section 37A of the Principal Act is amended by in subsection (1) inserting after the word " sergeant " the words " or, in the case of a, scientific officer or a technical officer, the rank of Senior Scientific Officer Grade III or, as the case may be, Senior Technical Officer Grade III ". 11. New s. 378. (1) The Principal Act is amended by inserting after section 37A the following section:- " 378. Reappointment as member of Police Force. (1) Where a member of the Police Force has resigned his office with the consent of the Commissioner for the purpose of becoming a member of the Legislative Assembly of Queensland or an officer of the Public Service of Queensland, he may upon application made prior to or within 90 days of ceasing to be a member of the Legislative Assembly of Queensland or, as the case may be, an officer of the Public Service of Queensland be reappointed as a member of the Police Force at a pay or salary at a rate not less than that payable to a member of the Police Force of a rank or grade held by him at the time of his resignation whereupon the period during which he was a member of the Legislative Assembly of Queensland or, as the case may be, an officer of the Public Service of Queensland shall be deemed to be service in the Police Force and shall be deemed to be continuous with any service in the Police Force had by him prior to such resignation or withdrawal and the service in the Police Force had by him after his reappointment. (2) For the purposes of the Police Superannuation Act1974-1979, and the Police Superannuation Act1968-1979 a person who is reappointed as a member of the Police Force pursuant to subsection (1) becomes a member of the Police Force on the date of his reappointment.". (2) The Principal Act as amended by subsection (1) applies- (a) in relation to service as a member of the Police Force and as a member of the Legislative Assembly or as an officer of the Public Service had by any person before the passing of this Act as well as such service had by any person after the passing of this Act; and (b) in respect of a reappointment of any person as a member of the Police Force made before the passing of this Act as well as such a reappointment made after the passing of this Act. 12. Amendment of s. 64. Section 64 of the Principal Act is amended by omitting the expression " 62 (a) " and substituting the expression 62 (1)(a)" 13. Amendment of s. 67. Section 67 of the Principal Act is amended by in subsections (4), (5) and (6) omitting the words " the inspector for

Police Act Amendment Act 1980, No. 29 355 the time being assigned to the Police District " wherever occuring and substituting the words " the superintendent or inspector for the time being responsible for the police establishment " in each case. 14. Amendment of s. 68 . Section 68 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " proceedings " the words " of any kind, proceedings before an Appeal Board referred to in Part VI or any summary investigation conducted pursuant to this Act "; (b) in subsection (3)- (i) inserting after the word " proceedings " the words " of any kind, proceedings before an Appeal Board referred to in Part VI or any summary investigation conducted pursuant to this Act "; (ii) inserting after the word " establishment " in paragraph (c) the following expression and words:- it . (d) he has not consented to the act or breach of duty specified therein in relation to it ". 15. New s. 69C. The Principal Act is amended by inserting after section 69B the following section:- " 69C. Scheme to facilitate supply of information . (1) The Commissioner may authorize a scheme to facilitate the supply of information in the possession of a member of the Police Force or contained in a writing prepared by a member of the Police Force- (a) concerning any person, incident or other thing to any department of the Government of a State, the Commonwealth or territory of the Commonwealth or to any other body corporate or instrumentality representing the Crown or constituted by or under any Act or law or for a purpose in connexion with the government of the Commonwealth, any State or any territory; or (b) concerning any loss, theft or damage to property or any allegation thereof to any person whose property has been involved or to the agent, servant or other representative of that person, or to any insurer or other person having a bona fide interest in the property. (2) The supply in pursuance of any scheme under this section of any information shall not render the Crown, the Minister, the Commissioner or any member of the Police Force liable in any way in law in respect thereof.

356 Police Act Amendment Act 1980, No. 29 (3) Any such scheme operated under subsection (1) (b) may provide for the payment of fees for the supply of that information on any basis or bases set out in the scheme.". 16. Amendment of s. 72. Section 72 of the Principal Act is amended by omitting the word " Reward ".