Police Administration Regulations 1994 (NT)
NORTHERN TERRITORY OF AUSTRALIA
POLICE ADMINISTRATION regulations 1994
As in force at 14 April 2023
northern territory of australia
As in force at 14 April 2023
POLICE ADMINISTRATION regulations 1994
Regulations under the Police Administration Act 1978
These Regulations may be cited as the
In these Regulations, unless the contrary intention appears:
A determination under section 15 of the Act shall be notified in the
The appointment of a person to be a member shall be notified in the
(1) For the purposes of section 16(1)(b) of the Act, the Commissioner shall, from time to time, determine the qualifications for promotion.
(2) A determination under subregulation (1) shall be notified in the
Police Gazette as soon as practicable after it is made.
(1) Subject to subregulation (2), the Commissioner shall promote a member under section 16(1)(b) of the Act who holds the rank of Constable to the rank of Senior Constable immediately on the member becoming qualified for promotion to that rank.
(2) If the Commissioner is of the opinion that a member whom the Commissioner is required by subregulation (1) to promote will be unable to efficiently discharge the duties of the rank to which the member is so required to be promoted, the Commissioner shall:
(a) refuse to promote the member; and
(b) serve on the member a notice in writing setting out the decision and the Commissioner’s reasons for the decision.
(3) A member whom the Commissioner refuses to promote under subregulation (2) may, not later than 14 days after the notice under that subregulation is served on the member, request the Commissioner to undertake a review of the decision to refuse to promote the member.
(4) As soon as practicable after receiving a notice under subregulation (3) the Commissioner shall undertake a review of the decision and shall:
(a) promote the member to the rank of Senior Constable; or
(b) confirm the decision to refuse to promote the member and serve on the member a notice in writing setting out the Commissioner’s reasons for confirming the decision.
(5) A decision of the Commissioner under subregulation (4) is final.
(6) Where the Commissioner after undertaking a review under subregulation (4) refuses to promote a member under this regulation, the Commissioner shall, when necessary, ensure that the member is offered appropriate training to enhance the member’s prospect for promotion in the future.
(1) The Commissioner shall not promote a member to a rank otherwise than under regulation 7 unless, not less than 14 days before the promotion, the Commissioner causes notice to be published in the
Police Gazette seeking applications under subregulation (2) for promotion to the rank.(2) An application referred to in subregulation (1) shall be in the form and contain such information as the Commissioner, from to time, determines.
(3) This regulation does not prevent a member making an application referred to in subregulation (1) where the rank the subject of the application is lower than the rank held by the member at the time of the application but, where such an application is successful and the member is appointed to the lower rank, the terms and conditions of service as a member attaching to the rank held by the member immediately before the appointment shall, on the appointment, cease and the member’s terms and conditions of service shall, with effect on and from the appointment, be the terms and conditions of service attaching to the rank from time to time held by the member after the appointment.
The Commissioner may promote a member under section 16 of the Act (other than a member promoted in accordance with regulation 7) if satisfied that the member has superior merit to other members who applied for promotion to the rank.
(1) The promotion of a member to a rank (other than a promotion referred to in regulation 7 or to a rank above the rank of Senior Sergeant or in accordance with a direction under section 93(4)(b) of the Act):
(a) shall be notified in the
Police Gazette ; and(b) is provisional until confirmed under subregulation (2).
(2) Where the Commissioner is satisfied that:
(a) all members eligible to appeal against the promotion in accordance with section 92 of the Act have waived their right to appeal against the promotion or the period within which they may appeal has expired and no such appeal has been made; or
(b) where such an appeal has been made:
(i) the appeal has been struck out;
(ii) the appeal has been heard and disallowed; or
(iii) the appeal has been withdrawn,
the Commissioner shall confirm the promotion.
(3) Where a promotion is confirmed under subregulation (2) the member promoted shall be deemed to have been promoted to the rank on the date on which the provisional promotion took effect.
The positions specified in Schedule 1 are prescribed for the purposes of section 17 of the Act.
For the purposes of section 17A(1) of the Act, the prescribed amount is, in relation to a member referred to in that subsection, 20% of the base salary applicable to the rank held by the member.
(1) For the purposes of section 92 of the Act:
(a) the prescribed form is Form 1 of Schedule 2; and
(b) an appeal under the section shall be made by delivering, or sending by post, the prescribed form referred to in paragraph (a) to the Registrar within the time specified in or allowed under the section.
(2) The Registrar shall, as soon as practicable after receiving a prescribed form under subregulation (1), notify the Commissioner of the making of the appeal and the Commissioner shall, as soon as practicable after being notified:
(a) establish a Promotions Appeal Board; or
(b) if a Promotions Appeal Board has been established, request the Board,
to determine the appeal.
(3) The Chairman of the Promotions Appeal Board that is to determine an appeal under section 92 of the Act shall, not later than 14 days after the appeal is made, fix a date, time and place for the hearing of the appeal.
(4) The Registrar shall notify the appellant and the member whose promotion or appointment is the subject of the appeal of the date, time and place for the hearing of the appeal fixed under subregulation (3).
(5) The date fixed under subregulation (3) for the hearing of the appeal shall be not later than 28 days after the date the appeal is made.
In determining an appeal under section 92 of the Act, a Promotions Appeal Board:
(a) shall conduct its proceedings with as little formality and technicality, and with as much expedition as is possible;
(b) may adjourn its proceedings on such conditions, including conditions as to costs and expenses, as it thinks fit; and
(c) is not bound by the rules of evidence and may inform itself in such manner as it thinks fit.
(1) For the purposes of section 94 of the Act:
(a) the prescribed form is Form 2 of Schedule 2; and
(b) an appeal under the section shall be made by delivering, or sending by post, the prescribed form referred to in paragraph (a) to the Registrar within the time specified in the section.
(2) The Registrar shall, as soon as practicable after receiving a prescribed form under subregulation (1), notify the Commissioner of the making of the appeal and the Commissioner shall, as soon as practicable after being notified, depending on the nature of the appeal:
(a) establish a Disciplinary or Inability Appeal Board; or
(b) if a Disciplinary or Inability Appeal Board has been established, request the Board,
to determine the appeal.
(3) An Appeal Board that is to determine an appeal under section 94 of the Act shall, as soon as practicable after the appeal is made, determine whether or not the appeal is to be conducted by an oral hearing and the Chairman of the Board shall, where a hearing is to be conducted, fix a date, time and place for the hearing.
(4) The Registrar shall notify the appellant and the Commissioner or the prescribed member, as the case may be, of the Board’s decision under subregulation (3) and, where a hearing is to be conducted, notify the appellant and the Commissioner or the prescribed member of the date, time and place fixed under subregulation (3).
For the purposes of section 95(3) of the Act:
(a) the prescribed form is Form 3 of Schedule 2; and
(b) an application shall be made by delivering, or sending by post, the prescribed form referred to in paragraph (a) to the Registrar at the time the appeal is made or not later than 14 days after the date the appeal is made.
(1) Except as provided in these Regulations, an Appeals Board is not liable to pay the fees and expenses of a person appearing before it as a witness.
(2) A witness at a hearing of an appeal, not being a member, shall, with the approval of the Chairman of the Appeal Board hearing the appeal, be paid an allowance by the Commissioner.
(3) An allowance referred to in subregulation (2) shall be an amount equal to the amount of the salary or wages lost by the witness for the day or days of attendance at the hearing or, if the witness is not in receipt of a salary or wages, an amount which would be reasonable having regard to the occupation of the witness and the time lost in attendance.
(4) Subject to subregulation (5), a witness shall be entitled to be paid, in addition to the allowance referred to in subregulation (2), the cost of conveyance to the hearing and reasonable travelling expenses.
(5) Subject to subregulation (6), the Commissioner shall not be required to pay travelling expenses or any other expenses incurred by a witness summoned by or on behalf of an appellant.
(6) Subregulation (5) does not apply in a case where the Appeal Board hearing the appeal finds in favour of the appellant and the evidence given by the witness summoned by or on behalf of the appellant was, in the opinion of the Chairman of the Board, material.
(7) All claims for witnesses’ expenses in connection with the hearing of an appeal shall be submitted to the Chairman of the Appeal Board hearing the appeal who shall furnish to the Commissioner certificates as to attendance and such other particulars as may be necessary to enable the Commissioner to assess the amounts to be paid under this regulation.
(8) Where a member is summoned to appear as a witness before an Appeal Board, the member shall be taken as being on duty during the time the member is:
(a) attending the hearing for the purpose of giving evidence; and
(b) travelling to and from the place where the hearing is held and the police station to which the member is attached.
(9) Nothing in subregulation (8) entitles a member to be paid overtime for any time the member is taken as being on duty under that subregulation.
For section 4(1) of the Act, definition
(a) for Part IV of the Act:
(i) Senior Sergeant; and
(ii) Superintendent; and
(iii) Commander; and
(iv) Assistant Commissioner; and
(v) Deputy Commissioner;
(b) for Part V of the Act:
(i) Assistant Commissioner; and
(ii) Deputy Commissioner.
19 Disciplinary powers of prescribed members
(1) For sections 81(2)(d)(ii), 84C(1) and 84D of the Act, a prescribed member of the rank of:
(a) Senior Sergeant may, subject to subregulations (2)(a) and (3)(a), do one or more of the things specified in section 84D(a), (b), (c), (d) or (j) of the Act;
(b) Superintendent or Commander may, subject to subregulations (2)(b) and (3)(b), do one or more of the things specified in section 84D(a), (b), (c), (d) or (j) of the Act;
(c) Assistant Commissioner may, subject to subregulation (2)(c), do one or more of the things specified in section 84D(a), (b), (c) (d), (g) or (j) of the Act;
(d) Deputy Commissioner may do one or more of the things specified in section 84D of the Act other than dismiss a member under paragraph (k) of that section.
(2) A member of the rank of:
(a) Senior Sergeant may not impose a fine under section 84D(d) of the Act or order costs, compensation or restitution to be paid under section 84D(j) of the Act of more than $100;
(b) Superintendent or Commander may not impose a fine under section 84D(d) of the Act or order costs, compensation or restitution to be paid under section 84D(j) of the Act of more than $250; or
(c) Assistant Commissioner may not impose a fine under section 84D(d) of the Act or order costs, compensation or restitution to be paid under section 84D(j) of the Act of more than $1000.
(3) A member of the rank of:
(a) Senior Sergeant may not fix a period under section 84D(c) of the Act of longer than 3 months; or
(b) Superintendent or Commander may not fix a period under section 84D(c) of the Act of longer than 6 months.
Part 4AA Police powers
For section 133AA of the Act, each of the following is prescribed as an infringement notice offence:
(a) an offence for which an infringement notice may be served under regulation 3 of the
Summary Offences Regulations 1994 ;(b) an infringement notice offence specified in Schedule 6, Part 1, of the
Liquor Regulations 2019 ;(c) an infringement notice offence as defined in section 20(1) of the
Misuse of Drugs Act 1990 .
(1) The member for the time being in charge of a police station or watch house has a duty to immediately ask any person in custody who is received at the police station or watch house if the person is an Aboriginal person.
(2) If the response to the question asked under subregulation (1) indicates that the person is an Aboriginal person, the member has a duty to immediately inform the person that a custody notification service provider will be notified that the person is in custody.
(3) As soon as practicable after informing the person in accordance with subregulation (2), the member has a duty to notify the custody notification service provider:
(a) that the person is in custody; and
(b) of the place where the person is in custody.
(4) This regulation does not apply in relation to a person held in custody under section 128 or 133AB of the Act.
(5) In this regulation:
custody notification service provider means the North Australian Aboriginal Justice Agency Ltd ACN 118 017 842.
For paragraph (b) of the definition of
(1) For section 147C(3) of the Act, the following types of DNA analysis are prescribed:
(a) genomic (nuclear);
(b) mitochondrial.
(2) However, a sample may be analysed to obtain information only for the following purposes:
(a) to compare DNA profiles for a person’s identification;
(b) to determine the gender of a person;
(c) to link a person with one or more of the following:
(i) another person;
(ii) a place;
(iii) a thing.
Part 4B Infectious diseases
For section 147FA(1) of the Act, definition
(a) the Coronavirus disease named "COVID-19" by the World Health Organization;
(b) human T-cell lymphotropic virus type I (HTLV-I).
(1) The Commissioner shall cause to be kept and maintained a personnel record concerning the conduct and service of each member.
(2) The personnel record of a member shall contain a record of all actions taken or decisions or opinions made under the Act in respect of the member.
(1) A member may apply to the person having responsibility for keeping and maintaining the member’s personnel record to inspect his or her personnel record.
(2) An application under subregulation (1) may be made at any time and the person having responsibility for keeping and maintaining the personnel record shall, on receiving the application, make the record available to the member for inspection.
(3) A member who makes an application under this regulation is not required to disclose the reason for applying to inspect his or her personnel record.
(4) An inspection of a member’s personnel record under this regulation shall be carried out in the presence of the person having responsibility for keeping and maintaining the record or a person nominated by that person.
(5) A member may make copies of, or take extracts from, his or her personnel record.
(1) A member may, at any time, apply to the Commissioner to have an adverse report recorded in the member’s personnel record removed from his or her personnel record.
(2) The Commissioner shall, on receiving an application under subregulation (1):
(a) remove the report referred to in the application from the member’s personnel record; or
(b) advise the member in writing of the Commissioner’s reasons for not removing the report.
Part 6 Miscellaneous
The
Where, immediately before the commencement of these Regulations, a member was qualified for promotion to a rank in accordance with regulation 6 of the
regulation 11
_________________________________________________________Senior Constable
Sergeant
Senior Sergeant
Superintendent
Commander
_________________________________________________________FORM 1
regulation 13
NORTHERN TERRITORY OF AUSTRALIA
section 92
NOTICE OF APPEAL
TO: The Registrar of Appeal Boards.
APPELLANT:
Name: ........................................…………………………………….
Rank: ........................................…………………………………….
Number: ........................................…………………………………….
Station: ........................................…………………………………….
PROMOTION, DECISION, APPOINTMENT OR ACTION APPEALED AGAINST:
I appeal to the Promotions Appeal Board against the decision of the Commissioner specified below:
* Promotion under section 16(1)(b) or (3) of the Act:
Name of member promoted: ....................……………………………....
Rank to which provisional promotion made: ........………………………...
Date on which provisional promotion appealed against was notified in the
* Decision under section 17(b) of the Act: .............................................…
Nature of decision: ..........................................................................……
Date on which decision appealed against was notified in the
* Appointment under section 18(5) of the Act:
..................................................…………………………………………….
Nature of appointment: ..........……………………………………………..
Date on which appointment appealed against was notified in the
* Refusal under section 166AA(3) to promote or transfer member: ................................………………………………….……………………..
Nature of action: ...............................……………………………………...
…..........................………………………………………………………….
Date of action: ..................................……………………………………….
(Attach a copy of the letter advising of the action)
Dated: .......................……..
.....................………………………….
Signature
* Delete whichever is inapplicable
FORM 2
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 94
NOTICE OF APPEAL
TO: The Registrar of Appeal Boards.
APPELLANT:
Name: ........................................……………………………………………
Rank: ........................................……………………………………………
Number: ........................................……………………………………………
Station: ........................................……………………………………………
ACTION, DIRECTION, INTENTION, DECISION OR OPINION APPEALED AGAINST:
I appeal to the Disciplinary Appeal Board/Inability Appeal Board* against the determination of the Commissioner/prescribed member* specified below:
(a) * the action of the Commissioner under section 78 of the Act;
(b) * the action under section 84E(3) of the Act by a member;
(c) * the action under section 81(2)(d) or 84D of the Act by the Commissioner or a prescribed member;
(d) * a direction of the Commissioner under section 84G of the Act that the member not be paid salary during the period of the member’s suspension under section 76A or 80 of the Act;
(e) * a direction, action or intention under section 89 of the Act by or of the Commissioner;
(f) * a decision or opinion as a result of which such an action was taken, direction given or intention made.
* Date of action etc.:........................………………......……………………...
* Date notice of action etc. served on appellant:….…………………………
* Date appellant responded to notice of action etc.:………………………...
The grounds on which I make this appeal are specified below:
.......................................................…………………………………………………………………………………………………………………..……………………….
Dated:….................................
.....................………………………….
Signature
* Delete whichever is inapplicable
FORM 3
regulation 16
NORTHERN TERRITORY OF AUSTRALIA
section 95(3)
ADMISSION OF ADDITIONAL MATERIAL
TO: The Registrar of Appeal Boards.
APPELLANT:
Name: ........................................……………………………………………
Rank: ........................................……………………………………………
Number: ........................................……………………………………………
Station: ........................................……………………………………………
In respect of the appeal made by me on .....……............., the following material was not available to the Commissioner/prescribed member* before taking the action or forming the intention that is being appealed against.
(Include details of additional material)
.......................................................…………………………………………………
.......................................................…………………………………………………
The reasons why I consider that the Appeal Board should admit the material are specified below:
.......................................................…………………………………………………
I, therefore, apply to the Appeal Board to admit the material.
Dated: ...............................
.....................………………………….
Signature
* Delete whichever is inapplicable
regulation 23
1979, No. 8
1980, No. 1
1980, No. 37
1981, No. 2
1984, No. 3
1985, No. 33
1989, No. 39
1990, No. 34
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 1 December 1994 |
Commenced | 1 December 1994 |
Notified | 11 June 1997 |
Commenced | 11 June 1997 |
Notified | 17 August 2005 |
Commenced | 17 August 2005 (r 2, s 2 |
Assent date | 5 December 2014 |
Commenced | 17 December 2014 ( |
Assent date | 8 June 2016 |
Commenced | s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 ( |
Notified | 31 July 2019 |
Commenced | 31 July 2019 ( |
Notified | 27 November 2019 |
Commenced | 27 November 2019 |
Notified | 1 July 2020 |
Commenced | 1 July 2020 |
Notified | 23 December 2020 |
Commenced | 23 December 2020 |
Notified | 29 September 2021 |
Commenced | 29 September 2021 (r 2) |
Assent date | 2 March 2023 |
Commenced | pts 1 and 3: 2 March 2023 (s 2(1)); rem: 14 April 2023 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 4 rep Act No. 2, 2023, s 11
r 9 sub No. 32, 2020, r 4
r 19 amd No. 18, 1997
pt 4 hdg amd No. 16, 2021, r 4
pt 4AA hdg ins Act No. 45, 2014, s 13
r 19A ins Act No. 45, 2014, s 13
amd Act No. 17, 2016, s 46; No. 29, 2019, r 4
pt 4AB hdg ins No. 17, 2019, r 4
r 18 sub No. 16, 2021, r 5
r 19 amd No. 16, 2021, r 6
r 19B ins No. 17, 2019, r 4
pt 4A hdg ins No. 27, 2005, r 4
rr 20A – 20B ins No. 27, 2005, r 4
pt 4B hdg ins No. 17, 2020, r 4
r 20C ins No. 17, 2020, r 4
sch 2 amd No. 16, 2021, r 7
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