Police Amendment (Promotion Lists) Regulation 2018 (NSW)

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New South Wales

Police Amendment (Promotion Lists)

Regulation 2018

under the

Police Act 1990

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Police Act 1990.

TROY GRANT, MP

Minister for Police

Explanatory note

The object of this Regulation is to extend the time period, from 3 years to 4 years, for meeting certain eligibility requirements for the placement of police officers on promotion lists, for those police officers who were on a promotion list for the rank of sergeant, inspector or superintendent before 1 January 2018 and who have continued to be on a promotion list (including a replacement promotion list) for that rank.

This Regulation is made under the Police Act 1990, including sections 70 (2) and 219 (the general regulation-making power).

Police Amendment (Promotion Lists) Regulation 2018 [NSW]

Police Amendment (Promotion Lists) Regulation 2018

under the

Police Act 1990

1 Name of Regulation
This Regulation is the Police Amendment (Promotion Lists) Regulation 2018.

2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Police Regulation 2015
Clause 145A
Insert after clause 145:

145A One-off extension of period of eligibility to be placed on promotion list

(1) This clause applies to a person:

(a)

who was eligible to be placed on a promotion list for a rank of police officer immediately before 1 January 2018, and

(b)

who has continued to be eligible to be placed on that promotion list or a replacement promotion list for the rank concerned since that date, and remains so eligible on the commencement of this clause (the current period of eligibility).

(2) Clauses 24 and 30 (2) apply to a person to whom this clause applies in relation to the person’s current period of eligibility as if a reference to 3 years in clauses 24 (2) (b), (c) and (e) and 30 (2) were a reference to 4 years.
(3) Subclause (2) does not apply (and is taken never to have applied) to a person who opts out of the extended period of eligibility conferred by subclause (2) within the approved time and in the approved manner.
(4) For the avoidance of doubt, the extension of time conferred by subclause (2) operates only once in relation to a person and only in relation to the person’s current period of eligibility.
(5) In this clause:
approved time and approved manner mean the time and manner
approved by the Commissioner and published on an intranet site of the
NSW Police Force that can be accessed by police officers.
promotion list includes a sergeants reserve promotion list.

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Police Amendment (Promotion Lists) Regulation 2018 (NSW)

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(a)	who was eligible to be placed on a promotion list for a rank of police officer immediately before 1 January 2018, and
(b)	who has continued to be eligible to be placed on that promotion list or a replacement promotion list for the rank concerned since that date, and remains so eligible on the commencement of this clause (the *current period of eligibility*).

(2)	Clauses 24 and 30 (2) apply to a person to whom this clause applies in relation to the person’s current period of eligibility as if a reference to 3 years in clauses 24 (2) (b), (c) and (e) and 30 (2) were a reference to 4 years.
(3)	Subclause (2) does not apply (and is taken never to have applied) to a person who opts out of the extended period of eligibility conferred by subclause (2) within the approved time and in the approved manner.
(4)	For the avoidance of doubt, the extension of time conferred by subclause (2) operates only once in relation to a person and only in relation to the person’s current period of eligibility.
(5)	In this clause:
*approved time* and *approved manner* mean the time and manner
approved by the Commissioner and published on an intranet site of the NSW Police Force that can be accessed by police officers.
*promotion list* includes a sergeants reserve promotion list.