Police Complaints Tribunal Act 1982 (Qld)

93 QuIentolaub ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 8 of 1982 An Act to provide for the establishment and functions of a Police Complaints Tribunal and for related purposes [ASSENTED TO 20TH APRIL, 1982]

94 Police Complaints Tribunal Act 1982, No. 8 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 Complaints Tribunal Act 1982. 2. Commencement . This Act shall commence on a day appointed by Proclamation. 3. Interpretation . In this Act, except where a contrary intention appears- " Commissioner " means the Commissioner of Police and includes any person performing the duties of the Commissioner; " Member of the Police Force " has the meaning assigned to that expression by the Police Act 1937-1980; " Minister " means the Minister of the Crown charged with the administration of this Act and includes any person performing the duties of the Minister; " Police Force " means the Police Force of the State of Queensland constituted under the Police Act 1937-1980; " Tribunal " means the Police Complaints Tribunal established pursuant to this Act. 4. Tribunal . (1) There may from time to time be established a tribunal to be called the Police Complaints Tribunal. (2) The Tribunal shall consist of three members appointed by Order in Council of whom- (a) one shall be a Judge of the Supreme Court or of District Courts, who shall be the Chairman; (b) one shall be a person nominated or deemed under this Act to have been nominated by the Queensland Police Union of Employees in accordance with this Act; and (c) one shall be at the discretion of the Governor in Council. (3) Each member of the Tribunal shall be required to take an oath or make an affirmation to preserve secrecy concerning matters coming to his knowledge in the course of his duty as a member except to the extent that disclosure of information concerning such matters is required for the purposes of this Act. Such an oath may be administered by and such an affirmation may be made before any justice. 5. Term of Appointment . (1) Each member of the Tribunal shall hold office for a period of one year from the date of publication in the Gazette of the Order in Council by which he is appointed and shall be eligible for re-appointment, subject, in the case of the nominee of the Queensland Police Union of Employees, to his being duly nominated.

Police Complaints Tribunal Act 1982, No. 8 95 (2) If a vacancy should occur in the office of a member at any time during his term of appointment another person having the same prescribed qualification for appointment as his predecessor may be appointed by Order in Council to hold office for the balance of the term of his predecessor. (3) A person who is appointed pursuant to subsection (2) in the place of the Chairman shall by virtue of his appointment be Chairman. 6. Panel of Union nominees . (1) At least four weeks before the expiration of the term of appointment of the members of the Tribunal the Minister shall in writing request the Queensland Police Union of Employees to furnish him with a panel of names of at least three persons, including that of the president for the time being of the Union as its nominees for appointment to the Tribunal. Every such request shall specify a date by which the panel of names is to be furnished to the Minister. (2) If the Queensland Police Union of Employees fails to furnish the Minister with a panel of names by the specified date or furnishes him with a panel of names that is insufficient or otherwise does not comply with this Act the Minister may recommend to the Governor in Council the appointment of any person without further reference to the Union and for the purposes of that appointment that person shall be deemed to have been duly nominated by the Union. 7. Secretary of Tribunal . (1) The Governor in Council may appoint a member of the Public Service of Queensland or other person to be secretary of the Tribunal. Notification of such appointment shall be published in the Gazette. (2) Every appointee as secretary shall, unless he is already bound by oath or affirmation to preserve secrecy concerning matters coming to his knowledge in the course of his duties in the Public Service of Queensland, be required to take an oath or make an affirmation to preserve secrecy concerning matters coming to his knowledge in the course of his duty as secretary except to the extent that disclosure of information concerning such matters is required for the purposes of this Act. Such an oath may be administered by and such an affirmation may be made before any justice. (3) The secretary of the Tribunal- (a) shall keep and maintain such registers and records as are appropriate for the purposes of this Act; (b) shall perform such other duties as are prescribed; and (c) shall carry out such directions as are given to him by resolution of the Tribunal. 8. Functions of Tribunal . The functions of the Tribunal are- (a) to receive complaints that allege misconduct, improper conduct or neglect of duty by any member of the Police Force;

96 Police Complaints Tribunal Act 1982, No. 8 (b) to consider such complaints as are received by it with a view to determining whether further action is called for in the circumstances and if so, what action is called for; (c) to consider matters of public knowledge that involve allegations of misconduct, improper conduct or neglect of duty by any member of the Police Force with a view to determining whether further action is called for in the circumstances and, if so, what action is called for; (d) to keep under its review entries recorded in the central register kept and maintained pursuant to section 12; (e) to report at least once in each year to the Minister concerning the activities of the Tribunal during the year in question. 9. Powers of Tribunal . With a view to the proper discharge of its functions the Tribunal may- (a) direct the Commissioner to cause- (i) investigations to be made by members of the Police Force into any matter of complaint received by the Tribunal or any matter of public knowledge that is under consideration by the Tribunal and to report to the Tribunal in respect of those investigations; (ii) further investigations to be made by members of the Police Force into any matters referred to in provision (i) in any case where the Tribunal considers further investigation to be warranted and to report to the Tribunal in respect of those further investigations; (b) conduct its own investigations or cause investigations to be made on its behalf and for that purpose to seek from the Minister the appointment or engagement of some competent person to assist the Tribunal or, as the case may be, act on behalf of the Tribunal; (c) determine the extent (if any) to which material before the Tribunal is to be or may be published; (d) report to the Minister in respect of matters considered by it and therein recommend the action (if any) that should be taken in relation to any person named in the report. 10. Tribunal ' s Discretion . (1) The Tribunal shall have a discretion as to the complaints or matters that it thinks fit to investigate or have investigated. (2) The Tribunal may investigate or have investigated a complaint notwithstanding that- (a) the identity of the complainant is not known; or (b) the complaint was made to a member of the Police Force at any time before the commencement of this Act; (c) the matter was brought to public notice before the commencement of this Act.

Police Complaints Tribunal Act 1982, No. 8 97 (3) Where the Tribunal declines to make or have made an investigation in respect of a particular complaint it shall notify- (a) the Commissioner; (b) the complainant, if he is known; and (c) every member of the Police Force to whose conduct the complaint relates, that it proposes to take no action. (4) Where the Tribunal makes or has made an investigation in respect of a complaint it shall notify- (a) the complainant, if he is, known; and (b) every member of the Police Force to whose conduct the complaint relates, of the action that it proposes to recommend in respect of the matter of the complaint. 11. Malicious complaints . (1) If the Tribunal finds that a complaint is false and has been made maliciously, it may cause notice to be given to the complainant calling upon him to appear at a time and place specified therein and to show cause why he should not pay the expenses of the making of investigations in respect of the complaint. (2) If a person called upon to show cause fails to appear at the time and place specified in the notice or at a time and place to which the matter may be adjourned or, having appeared, fails to show sufficient cause, in the Tribunal's opinion, the Tribunal may fix a sum as the amount of expenses of the making of the investigations in question and order the person to pay that sum to the Treasurer of Queensland. (3) A sum ordered by the Tribunal to be paid shall be recoverable as a debt due and owing to the Crown by the person against whom the order is made by action in a court of competent jurisdiction. (4) In any proceeding for the recovery of money ordered by the Tribunal to be paid a certificate purporting to be under the hand of the secretary of the Tribunal stating particulars as to the making of the order and the terms thereof shall be admissible as evidence as to the making of the order and of the matters contained therein. (5) A person called upon to show cause shall be entitled to appear before the Tribunal accompanied by his counsel or solicitor or by any other agent acceptable to the Tribunal. 12. Register of complaints . (1) The Commissioner shall cause to be kept and maintained- (a) a central register at the office of the Commissioner; and (b) a register in each Police Region of the State. (2) Where a complaint of a nature to which this Act relates is made to a member of the Police Force in any Police Region- (a) he shall cause the making of the complaint together with particulars thereof to be promptly recorded in the register kept and maintained pursuant to this Act in that Police Region; and

98 Police Complaints Tribunal Act 1982, No. 8 (b) he shall cause to be promptly notified to the person charged with keeping ... andmainta ining . central tester the fact that the complaint has been made and the particulars thereof. (3) The person charged with keeping and maintaining the central register shall cause to be promptly recorded therein the matters notified to him pursuant to paragraph (b) of subsection (2). (4) It is the duty of the person charged with keeping and maintaining the central register or any other register referred to in this section and of all persons acting in aid of him to permit members of the Tribunal and their duly authorised agents free access to the register and to produce the register before the Tribunal when required by it so to do. 13. Offence to hinder complainants , etc. (1) Any person who- (a) obstructs or hinders another person in making a complaint to or giving evidence to the Tribunal or to its agent or other person assisting the Tribunal; (b) dissuades, by force or threats, another person from making a complaint to or giving evidence to the Tribunal or to its agent or other person assisting the Tribunal; or (c) penalizes or threatens to penalize another person for having made a complaint to or having given evidence to the Tribunal or to its agent or other person assisting the Tribunal, commits an offence against this Act and is liable to imprisonment for a period of six months, without the option of a fine or other penalty. (2) Any person who attempts to do any act constituting an offence defined in subsection (1) commits an offence against this Act and is liable to the same penalty as if he had committed the offence defined in subsection (1) that he has attempted to commit. (3) It is the duty of any person who has another person in lawful custody to render that other person all assistance that he may require for the purpose of making a complaint to the Tribunal. 14. Tribunal as a Commission of Inquiry . (1) Subject to this Act, the Tribunal shall be deemed to be a Commission of Inquiry within the meaning of The Commission of Inquiry Acts 1950 to 1954 for the purpose of making any investigation or taking any other proceeding before it pursuant to this Act and the provisions of those Acts shall apply in respect of making the investigation or taking the proceeding. (2) The chairman of the Tribunal may exercise the powers conferred by The Commission of Inquiry Acts 1950 to 1954 on a chairman of a Commission of Inquiry but if he is not a Judge of the Supreme Court it is not competent to him to exercise any of such powers as are by those Acts conferred on a chairman who is a Judge of the Supreme Court. (3) The taking of evidence before the Tribunal shall be in camera in the presence of such persons as the Tribunal permits and no other persons. (4) The rule of law that excuses a person from providing evidence that may be used upon a charge against him shall not apply in respect of an investigation or proceeding before the Tribunal unless the Tribunal

Police Complaints Tribunal Act 1982, No. 8 99 forms the view that the charge that might arise from the investigation or proceeding would relate to an offence of a serious nature and is one likely to be prosecuted, in which case the Tribunal shall inform the person concerned of its view and issue to him an appropriate warning. 15. Public employees to assist Tribunal . It is the duty of every person employed in any department of the Government of Queensland or in any institution conducted by or under the authority of the Government of Queensland to afford to the Tribunal, the members thereof and its duly authorised agents such assistance as is within his power to give for enabling the Tribunal to properly discharge its functions or exercise its powers under this Act. 16. Protection for Tribunal's members and agents . A member of the Tribunal, an agent of the Tribunal, any person assisting the Tribunal and any person on whom a duty is cast by this Act shall not incur any liability on account of anything done by him bona fide and without negligence for the purposes of this Act. 17. Commissioner ' s report on Tribunal ' s functioning. The Commissioner shall include in the annual report submitted by him to the Minister the report made by the Tribunal to the Minister in discharge of its function specified in paragraph (e) of section 8. 18. Other avenues of complaint unaffected . (1) Nothing in this Act shall be construed to affect the right of a person to pursue a remedy or relief on account of the conduct of a member of the Police Force by whatever means are available to him at law apart from this Act. (2) No person shall be put to his election as to whether he wishes to make a complaint with respect to the conduct of a member of the Police Force to the Tribunal to be dealt with under this Act or to a member of the Police Force to be dealt with under the Police Act 1937-1980. (3) Where such a complaint has been made to a member of the Police Force and has been investigated under the Police Act 1937-1980 the Commissioner shall cause the complainant to be notified of the outcome of the investigation so that the complainant, if he is not then satisfied, may make a further complaint to the Tribunal. 19. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act providing for- (a) the manner in which complaints are to be made to the Tribunal and the particulars to be shown therein; (b) the procedures of the Tribunal in making investigations or taking any proceeding; (c) the duties of the secretary of the Tribunal; (d) all matters that may be necessary or expedient for achieving the objects and purposes of this Act or that may be convenient for the administration of this Act.

100 Police Complaints Tribunal Act 1982, No. 8 (2) It is not competent to the Governor in Council to prescribe by the regulations fees to be paid in connexion with making a complaint to the Tribunal. 20. Offences . Proceedings for offences against this Act shall be by way of summary proceedings under the Justices Act1886