Police Acts Amendment Act of 1964 (Qld)

719 Qnerttslatttl ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 66 of 1964 An Act to Amend " The Police Acts, 1937 to 1963," in certain particulars [ ASSENTED TO 23RD DECEMBER, 1964] 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. (1) Short title . This Act may be cited as "The Police Acts Amendment Act of 1964." (2) Principal Act. " The Police Acts, 1937 to 1963," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Police Acts, 1937 to 1964." (4) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Amendments of s. 10 . Section ten of the Principal Act is amended by- (a) renumbering that section as subsection (1) of section ten; (b) in subsection (1). as so renumbered by this section, omitting the words " so many sergeants " and inserting in their stead the words " so many persons (whether male or female) to he sergeants "; and

720 Police Acts Amendment Act of 1964, No. 66 (c) adding the following subsections:- " (2) (a) The following provisions of the Police Award-State as in force at the passing of " The Police Acts Amendment Act of 1964," shall apply to female members of the Police Force, namely clauses 10, 12, 15, 18 (1) (a), (b), (c), (2), (4), (7), 22, 24, 26, 33, 38, 39, 40, 41 and 42. Except the provisions prescribed by this paragraph (a), the said Award shall not apply to female members of the Police Force. In the application of clauses 41 and 42 of the said Award employment as a policewoman as defined in clause 35 (a) of the said Award shall be counted as service as a member of the Police Force. (b) Subject to any award or order of the Industrial Conciliation and Arbitration Commission or other competent industrial tribunal made after the passing of " The Police Acts Amendment ..^^t of 1964," the pay and allowances of female members of the Police Force shall be as fixed by the Governor in Council. (3) (a) Subject to this subsection, the Commissioner shall appoint to be members of the Police Force the female persons who, at the date of the passing of " The Police Acts Amendment Act of 1964," were policewomen as defined in and for the purposes of Part 11 of the Police Award-State and who are not married. (b) Such appointments shall be made under, subject to and in accordance with the provisions of this Act and the rules hereunder save that the provisions of the rules relating to the minimum and maximum ages of appointees as members of the Police Force shall not apply. (4) (a) A female member of the Police Force who intends to marry shall (and notwithstanding any other provision of this Act may) resign therefrom before the date of her marriage, and the Commissioner shall permit such resignation. (b) A female member of the Police Force who fails to so resign shall, by virtue of her marriage, cease to be a member of the Police Force on and from the date of her marriage and shall for the purposes of this Act and the rules hereunder (other than as respects appeals from dismissals) be deemed to have been dismissed from the Police Force on that date by the Commissioner. (c) The second proviso to subsection (1) of this section applies subject to this subsection." 3. Amendment of s. 11 (2). Subsection (2) of section eleven of the Principal Act is amended by omitting the words " five pounds " and inserting in their stead the words " twenty pounds ". 4. Amendment of s. 12 (1). Subsection (1) of section twelve of the Principal Act is amended by omitting the word " men ", where appearing in the proviso, and by inserting in its stead the word " persons ". 5. Amendment of s. 35 (1). Subsection (1) of section thirty-five of the Principal Act is amended by omitting the words " the sum of five pounds and fifteen shillings per centum per annum " and inserting in their stead the words ", in the case of a male member, the sum of five pounds and fifteen shillings per centum per annum and, in the case of a female member, the sum of five pounds per centum per annum ". 6. Repeal of and new s. 44. The Principal Act is amended by repealing section forty-four and inserting in its stead the following section- [44.] Death of certain members with dependants . (1) Where- (a) a male member of the Police Force who is unmarried; or

Police Acts Amendment Act of 1964, No. 66 721 (b) a female member of the Police Force, dies, there shall be paid to such of his or her next-of-kin as are proved to the satisfaction of the Board to have been dependent on him or her a sum of money equal to the contributions made by him or her to the Fund without interest. If it is not proved to the satisfaction of the Board that a deceased member of the Police Force left next-of-kin who were dependent upon him or her there shall be paid to his or her legal personal representative a sum of money equal to seventy-five per centum of the contributions made by him or her to the Fund without interest. (2) Subsection (I) of this section does not apply to a member of the Police Force who, being a widower, dies leaving him surviving a child or children under the age of fourteen years, or to a retired member of the Police Force." 7. Amendments of s. 57. Section fifty-seven of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following subsection:- " (2) (a) The Appeal Board constituted for the purposes of an appeal under this section shall consist of - (i)- (a) if constituted for the purposes of an appeal against punishment, a District Court Judge appointed by the Governor in Council who shall be the chairman of the Appeal Board; or (b) if constituted for the purposes of an appeal against promotion, a stipendiary magistrate appointed by the Governor in Council who shall be the chairman of the Appeal Board; (ii) a person appointed by the Commissioner of Police; and (iii) the members' representative prescribed by paragraphs (c) or (d) of this subsection. (b) The Executive of the Queensland Police Union shall furnish to the Minister in each year, on or before a date fixed by him, panels of five names in respect of the Southern Division, the Central Division and the Northern Division respectively of the State. Subject to this subsection, each such panel shall continue until the date on or before which the next succeeding panel is to be furnished to the Minister. Each person whose name is included in such a panel shall be- (i) a member of the Police Force of or above the rank of sergeant , second class, but below the rank of sub-inspector; and (ii) be employed in the Division in respect whereof the panel in which his name is included is furnished. In the event that a person whose name is included in such a panel- (i) ceases to be a member of the Police Force of or above the rank of sergeant, second class, but below the rank of sub-inspector; or (ii) ceased to be employed in the Division in respect whereof the panel in which his name is included has been furnished, his name shall upon the happening and by virtue of such event be deleted from the panel in question.

722 Police Acts Amendment Act of 1964, No. 66 Thereupon , or upon the death of any person whose name is included in the panel, or the refusal of such a person to act, the Executive of the Queensland Police Union may furnish to the Minister the name of another person who is qualified as prescribed by this paragraph and such name shall be included in the panel in question. (c) In the case of an appeal in any Division , the members' representative to constitute the Apneal Board shall be one of the persons whose names are at the time in question included in the panel of names furnished as prescribed in respect of that Division. Such persons shall act as members of Appeal Boards as nearly as may be in rotation according to the order in which their names are listed in the panel. If a dispute or doubt arises as to the one of such persons who is to act as the member of the Appeal Board in a particular case the Minister shall name the person to so act. (d) At any time when there is not a panel of names furnished as prescribed , or the names of less than three persons remain on the panel, or less than three of the persons whose names are included in the panel for the time being are willing to act, the Minister may appoint a person to be the members ' representative on an Appeal Board."; (b) omitting subsection ( 5) and inserting in its stead the following subsection:- " (5) Unless in any particular case the Minister otherwise orders, appeals in the Southern Division of the State may be heard in Brisbane or elsewhere within the said Division. and, appeals in the Northern and Central Divisions of the State may be heard at Townsville and Rockhampton or elsewhere within the said Divisions respectively: Provided that where members of the Police Force are employed in remote localities, and where 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 for consideration of the Appeal Board. For the purposes of this section, unless otherwise defined by regulations made under this Act- (a) The Southern Division of the State shall comprise the following Police Districts for the time being , namely the Brisbane, Bundaberg , Charleville, Fortitude Valley. Ipswich, Maryborough , Roma , South Coast , Toowoomba and Warwick Police Districts and the branches of the Police Force at Brisbane known as the Criminal Investigation Branch, the Licensing Branch , and the Traffic Branch and the establishments known as the Office of the Commissioner of Police and the Police Depot; (b) The Central Division of the State shall comprise the following Police Districts for the time being , namely the Longreach, Mackay and Rockhampton Police Districts; and (c) The Northern Division of the State shall comprise the following Police Districts for the time being, namely the Cairns, Cloncurry , Innisfail and Townsville Police Districts.";

Police Acts Amendment Act of 1964, No. 66 723 (c) in paragraph (a) of subsection (8)- (i) inserting after subparagraph (ii) the following subparagraph:- (iii) in the case of an appeal against punishment, receive as evidence, in order to inform itself of the punishment proper to be imposed, the Record of Conduct and Service Sheet, prescribed by the rules , of the appellant; "; (ii) renumbering subparagraph (iii) as subparagraph (iv); and (d) adding to subsection (10) the following paragraph:- " (h) a fine not exceeding twenty pounds.". 8. Amendments of s. 57A (2). Subsection (2) of section 57A of the Principal Act is amended by- (a) in paragraph (a) omitting the words " stipendiary magistrate and inserting in their stead the words " District Court Judge and (b) in paragraph ( c) omitting the words " who shall be either a member or the secretary of that union " and inserting in their stead the words " who shall he a member of the Police Force who is a member of that union ".