Police Act Amendment Act 1989 (No. 2) (Qld)

1201 POLICE ACT AMENDMENT A CT ANAL YSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Repeal of s. 6 and new ss. 5A-6 Appointment of Commissioner Responsibility of Commissioner Relationship between Minister and Commissioner Delegation of powers and functions Conditions of employment of Commissioner Acting as Commissioner 5. Amendment of s. 6A. Deputy Commissioner 6. Amendment of s. 7. Assistant Commissioners 7. Repeal of ss. 7A, 7c and 9 8. Amendment of s. 8. Appointment of superintendents, etc. 9. Amendment of s. 36. Age of retirement 10. New Part VIII Transitional ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 9 1 of 1989 An Act to amend the Police Act 1937-1989 in certain particulars [ASSENTED TO 10TH OCTOBER, 1989]

1202 Police Act Amendment Act (No. 2) 1989, No. 91 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. This Act may be cited as the Police Act Amendment Act 1989 (No. 2). 2. Commencement . ( 1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Citation. (1) In this Act the Police Act 1937-1989 is referred to as the Principal Act. (2) The Principal Act, as amended by this Act, may be cited as the Police Act 1937-1989. 4. Repeal of s. 6 and new ss. 5A-6. The Principal Act is amended by omitting section 6 and substituting the following sections:- "5A. Appointm ent of Commissioner . The Governor in Council may from time to time appoint some fit and proper person to be the Commissioner of Police, hereinafter referred to as the Commissioner. 5n. Responsibility of Commissioner . (1) Subject to this Act, the Commissioner is responsible for the efficient and proper administration, management and functioning of the Police Force in accordance with this Act and every other Act that provides for the Police Force to assist in the administration of any matter or activity provided for by the other Act. (2) The Commissioner is hereby authorized to do and suffer, subject to this Act and such other Act referred to in subsection (1), all such acts and things as he thinks are necessary or expedient to the proper discharge of his responsibilities. (3) In discharging his responsibilities, whether under this Act or any other Act, the Commissioner shall- (a) observe any relevant industrial award or industrial agreement and any relevant determination or rule made by an industrial tribunal or otherwise; (b) subject to this Act, ensure compliance with all Acts, regulations, codes of conduct, codes of practice, lawful directives , rules, instructions , policies and procedures applicable to the Police Force; (c) have regard to all relevant written directions given to him by the Minister pursuant to section 5c; (d) discharge his responsibilities for such other matters as may from time to time be prescribed by the regulations.

Police Act Amendment Act (No. 2) 1989, No. 91 1203 5c. Relationship between Minister and Commissioner. (1) The Minister may, after obtaining and considering the advice of the Commissioner, give written directions to the Commissioner with respect to the general policy and priorities to be pursued in relation to the performance of the functions of the Police Force. (2) The Commissioner shall comply with all written directions given under this section. (3) All written directions given under this section shall be tabled in Parliament within 14 sitting days after they have been given . The provisions of this subsection do not require any directions to be tabled if to do so would not , in the opinion of the Minister ,' be in the public interest in which case a copy of any such direction is to be forwarded to the chairman of the Criminal Justice Commission or until such a Commission (by whatever name called ) is established , to the chairman of the Commission referred to in the Commission of InquiryContinuationAct 1989. (4) The Commissioner shall furnish to the Minister such reports as the Minister requests relating to the administration and performance of the functions of the Police Force. 5D. Delegation of powers and functions . (1) The Commissioner may, either generally or otherwise as provided by the instrument of delegation by instrument in writing under his hand, delegate to any member of the Police Force all or any of the powers or functions incidental in the discharge of the responsibilities of the Commissioner. (2) A delegation of a power or function may be made absolute or subject to conditions and limitations and shall not prejudice the making by the Commissioner of other delegations of the same power or function. (3) A delegate to whom a power or function has been so delegated may, while the delegation subsists, do and suffer all such acts and things in accordance with the terms of the delegation as he thinks necessary or expedient to the proper exercise or discharge of the power or function. (4) Any act or thing done or suffered by a delegate acting in accordance with a delegation has the same force and effect as if the act or thing had been done or suffered by the Commissioner. (5) A delegation of a power or function incidental in the discharge of a responsibility of the Commissioner does not- (a) affect the exercise or discharge of the power or function by the Commissioner; or (b) relieve the Commissioner from his obligation to ensure that the responsibility is properly discharged.

1204 Police Act Amendment Act (No. 2) 1989, No. 91 5E. Conditions of employment of Commissioner . (1) The conditions of employment of the Commissioner- (a) shall be as approved from time to time by the Governor in Council and accepted by the person who is or is to be the Commissioner; (b) shall be governed by a contract of employment made or deemed to be made between the Crown and the Commissioner; (c) shall not be subject to any industrial award or industrial agreement or any determination or rule of an industrial tribunal. (2) Where there has been made to any person an offer of a contract of employment as Commissioner (whether the offer is made before or after the passing of the Police Act Amendment Act 1989 (No. 2)) it shall be deemed, upon his accepting the appointment that the person has made with the Crown a contract of employment upon the conditions approved by the Governor in Council in relation to the office of Commissioner and conveyed to him. (3) If the Commissioner upon appointment was not at that time a member of the Police Force he shall not be subject to the Police Superannuation Act 7968-1988 and the PoliceSuperannuation Act 1974-1988 but shall have such rights in relation to superannuation as may be provided for in the conditions of his employment. 6. Acting as Commissioner . If at any time the Commissioner is unable to discharge his responsibilities because of his absence or incapacity or if at any time there is a vacancy in the office of Commissioner, the Minister may, by writin& under his hand, authorize any other person who, in his opinion, possesses appropriate qualifications to discharge the responsibilities of the Commissioner, notwithstanding the provisions of any other Act, whereupon- (a) the Minister shall determine the remuneration payable to the person so authorized, while he discharges those responsibilities, but in no case exceeding that payable for the time being to the Commissioner or, as the case may be, to the last holder of the office; and (b) the person so authorized shall have and may discharge and exercise all the responsibilities, functions, duties and powers of the Commissioner, while his authorization continues the provisions of any other Act notwithstanding.". 5. Amendment of s. 6A. Deputy Commissioner . Section 6A of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) An appointment under subsection (1) may be- (a) made permanently or temporarily; (b) revoked at any time; (c) subject to such terms and conditions as are approved by the Governor in Council.".

Police Act Amendment Act (No. 2) 1989, No. 91 1205 6. Amendment of s. 7. Assistant Commissioners . Section 7 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) An appointment under subsection (1) may be- (a) made permanently or temporarily; (b) revoked at any time, (c) subject to such terms and conditions as are approved by the Governor in Council.". 7. Repeal of ss. 7A, 7 c and 9 . Sections 7A, 7c and 9 of the Principal Act are repealed. 8. Amendment of s. 8 . Appointment of superintendents , etc. Section 8 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- "(2) An appointment under subsection (1) may be- (a) made permanently or temporarily; (b) revoked at any time; (c) subject to such terms and conditions as are approved by the Governor in Council."; (b) omitting subsections (9) and (10). 9. Amendment of s. 36. Age of retirement . Section 36 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (a); (ii) in paragraph (c), inserting "(other than the Commissioner)" after "Police Force"; (b) in subsection (4)- (i) omitting- (a) in the case of the Commissioner notice in writing under his hand addressed to the Governor in Council; or (b) "; ( ii) inserting "," after "age of retirement by". 10. New Part VIII. The Principal Act is amended by inserting after section 75 the following heading and section:- "PART VIII-TRANSITIONAL 76. Transitional . (1) No appointment or promotion shall be made in the Police Force on and from the passing of the Police Act Amendment Act 1989 (No. 2) until a date specified by Proclamation without the prior recommendation of the chairman of the Criminal Justice Commission or until such a Commission 40

1206 Police Act Amendment Act (No. 2) 1989, No. 9 (by whatever name called ) is established, the chairman of the Commission referred to in the Commissionof InquiryContinuation Act1989. (2) No appeal shall be commenced or continued against a promotion in the Police Force, on and from the passing of the Police Act Amendment Act 1989 (No. 2) until a date specified by Proclamation, without the prior written consent of the chairman referred to in subsection (1). (3) No action or suit shall be brought or maintained in relation to any recommendation or consent made or not made, under this section, by the chairman referred to in subsection (0-11.