Police Complaints Tribunal Act Amendment Act 1985 (Qld)

876 (ueensir b ANNO TRICESIM-O QUARTO ELIZABETHAE SECUNDAE REGINAE No. 58 of 1985 An Act to amend the PoliceComplaints Tribunal Act 1982 in certain particulars [ASSENTED TO 20TH S EPTEMBER, 1985

Police Complaints Tribunal Act Amendment Act 1985, No. 58 877 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:- L. Short title and citation . (1) This Act may be cited as the Police Complaints Tribunal Act Amendment Act 1985. (2) In this Act the Police Complaints Tribunal Act 1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Police Complaints Tribunal Act 1982-1985. 2. Amendment of s. 4 . Tribunal. Section 4 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The Tribunal shall consist of four members appointed by the Governor in Council 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 Stipendiary Magistrate, who shall be Deputy Chairman; (c) one shall be- (i) a person nominated or deemed under this Act to have been nominated by the Queensland Police Union of Employees in accordance with this Act; or (ii) a person who is a retired member of the Queensland Police Force having retired at a rank of not less than Senior Sergeant, as the Governor in Council thinks fit; (d) one shall be at the discretion of the Governor in Council.". 3. New s. 4A. The Principal Act is amended by inserting after section 4 the following section:- "4A. Quorum of Tribunal . (1) Subject to subsection (2) a quorum for the exercise or performance of the powers and. functions of the Tribunal shall be any three of its members. (2) The exercise or performance of any of the powers and functions set out in section 8 (c) and section 9 (d) may be by a quorum which shall include the Chairman.". 4. Repeal of and new s. 16. Protection for Tribunal ' s members and agents. The Principal Act is amended by repealing section 16 and substituting the following section:- " 16. Protection for Minister, Tribunal's members and agents. No act or thing done or omission made by the Minister, a member of the Tribunal, an agent of the Tribunal, any person

878 Police Complaints Tribunal Act Amendment Act 1985, No. 58 assisting the Tribunal or any person on whom a duty is cast by this Act shall subject the Crown, the Minister, a member of the Tribunal or any person to liability at law in respect thereof." 5. New s. 18A. The Principal Act is amended by inserting after section 18 the following section:- "18A. References to Tribunal (1) Notwithstanding the provisions of section 18, where any complaint or allegation of misconduct, improper conduct or neglect of duty by a member of the Police Force is made to a member of the'Police Force or comes to the knowledge of the Minister or the Commissioner the Minister or the Commissioner may refer the matter of the complaint or allegation to the Tribunal, which shall have and may exercise in relation to the reference all the functions and powers had by it under this Act. (2) Where the Tribunal has investigated a matter referred to it pursuant to subsection (1) it shall not be competent to any person to make a further complaint to the Tribunal concerning that matter.".