Police Force Amendment Regulations 2014 (WA)

1G08 GOVERNMENT GAZETTE, WA 2() May 2011

P0301*

Police Act 1892

Police Force Amendment Regulations 2014

Made by the Commissioner of Police, with the approval of the Minister for Police, under section 9 of the Act.

These regulations amend the Police Force Regulations 1979.

Part 1 — Preliminary

1.            Citation

These regulations are the Police Force Amendment
Regulations 2014.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

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Part 2 - Amendments about appointments

4.            Regulation 103 amended

In regulation 103 insert in alphabetical order:

psychological assessment means an assessment
designed to evaluate a person's psychological
suitability in relation to job requirements;

5.            Regulations 501 to 504 replaced

Delete regulations 501 to 504 and insert:

501.        Terms used

In this Part, unless the contrary intention appears -
medical practitioner means a person registered under
the Health Practitioner Regulation National Law
(Western Australia) in the medical profession;
psychiatrist means a person whose name is contained
in the register of specialist psychiatrists kept by the
Medical Board of Australia under the Health
Practitioner Regulation National Law (Western
Australia) section 223;
psychologist means a person registered under the
Health Practitioner Regulation National Law (Western
Australia) in the psychology profession.

502.        Application for appointment

An application to be appointed as a member is to be made to the Commissioner in the approved manner.

503.        Eligibility for appointment

Subject to these regulations, an applicant is not eligible for appointment as a member unless -

(a) the applicant is -

(i) resident, within the meaning of the

an Australian citizen, or a permanent (Commonwealth); or

(ii)     a New Zealand citizen who is the holder of a special category visa within the meaning of the Migration Act 1958 (Commonwealth) and is authorised under that special category visa to work in Australia as a member;

and

1610 GOVERNMENT GAZETTE, WA 20 May 2011

(b)	the applicant is of good character and repute; and
(c)	the applicant has attained the age of 18 years; and
(d)	the applicant has, unless the Commissioner in a particular case has approved otherwise in writing -

(i)

passed a medical examination certifies that the applicant is physically fit and free from any constitutional, organic or other disability likely to render the applicant unfit for duty as a member; and

(ii)     passed an examination for entry to the Force, set in a manner approved by the Commissioner; and

(iii) evaluation conducted by a person

passed a physical performance Commissioner; and

(iv) passed a psychological assessment,
conducted by a psychiatrist or
psychologist appointed for that purpose
by the Commissioner; and

(v)     performed to a satisfactory standard in an interview by a panel selected in a manner approved by the Commissioner.

6.            Regulation 505 amended

In regulation 505 delete "Officer-in-Charge, Recruiting." and

insert: 

Manager, Police Recruiting.

7. Third Schedule deleted
Delete the Third Schedule.

Part 3 - Amendments about cadets

8. Regulation 103 amended
In regulation 103 delete the definition of cadet.

9.            Regulation 614 deleted

Delete regulation 614.

20 May 2014 GOVERNMENT GAZETTE, WA 1611

10.          Regulation 1310 deleted

Delete regulation 1310.

11.          Various references to "or cadet" deleted

In the provisions listed in the Table delete "or cadet" (each occurrence).

Table

r.lO3 def. ofuniform	r.401
r. 402	r. 403
r.404(2)	r.601(1)
r. 602	r. 603
r. 605(1), (2) and (3)	r. 606
r. 607(1), (2) and (3)	r. 608(1), (2) and (3)
r. 609	r. 610
r. 611	r. 615
r. 616	r. 618(1) and (2)
r. 619	r. 620
r. 621(1)	r. 622
r. 623	r. 624(1)
r. 625(b) and (c)	r. 626(1)
r. 901A def. of Certificate of	r. 901 (1) and (2)
Authority
r. 902(1) and (2)	r. 903(1) and (2)
1.904	r. 905(1), (2), (3) and (4)
r. 906(1), (2) and (3)	r. 907(1), (2) and (3)
r. 908A(3)	r. 908(1) and (2)
r. 909(1), (2), (3), (4) and (5)	r. 1101
r.1103	t.1104(1)
r.1105	r.1106
r. 11 07(l) def. offamily, (2),	r. 1203
(3)(a) and (b)

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r. 1203A	r. 1204(1) and (2)(a)
r.1302	r. 1304(3)(a) and (4)
r.1305	r. 1309
r.13 11	r. 1312(l) and (2)
r.1403	r. 1404
r.1502(1) and (2)	r. 1503(1), (2) and (3)
r. 1504(1), (2) and (3)	r. 1505(1) and (2)
r. 1506	r. 1601

Notes:

The heading to amended regulation 401 is to read:

Member to obey directions

The heading to amended regulation 608 is to read:
Member not to comprise his or her position
The heading to amended regulation 626 is to read:

Civil or criminal proceedings against member

12. Other amendments about cadets
Amend the provisions listed in the Table as set Out in the Table.

Table

Provision Delete Insert

r. 303	members, APLOs	members and
and cadets	APLOs

r. 307	Force and cadets	Force
(each occurrence)
r.601(2)	member or a cadet	member
r. 601(2)	Force or a cadet, as	Force
the case may be
r. 602(d), (e) and (0	member or a cadet	member
r.602(g)	members or cadets	members
r.607(2)(b)	Force or as a cadet	Force
r. 608(1)(d) and (e)	member or as a cadet	member
20 May 2014	GOVERNMENT GAZETTE, WA	1613

Provision Delete Insert

r. 1104(2)	member, or cadet,	member,
r. 1505(2)
r. 1204(1)(g)	member's or cadet's	member's
r. 1504(3)(b) r. 1505(2)
r. 1205	member, or cadet	member
r. 1505(1)	member's, or cadet's	member's

Part 4 - Other amendments

13. Regulation 402 amended
Delete regulation 402(a) and insert:

(a) when on duty, devote himself or herself

exclusively and zealously to the discharge of
his or her duties as a member; and

14.         Regulation 605 amended

(1) Delete regulation 605(1)(f) and insert:

(f) if, other than in the course of duty, the member

is present at or involved in an incident
occurring within the State that the police attend

or investigate -

(i) as soon as practicable, declare his or her

presence or involvement, status as a

member and knowledge of the incident to the attending or investigating police; and

as soon as practicable, report his or her
presence or involvement and knowledge
of the incident to his or her own
supervisor;

(2) Delete regulation 605(1)(i)(i) and insert:

(i) is given a cannabis intervention

requirement under the Misuse of Drugs
Act 1981 Part lilA; or

1614 GOVERNMENT GAZETTE, WA 20 May 2011

(3) Delete regulation 605(2)(e) and insert:

(e) if absent from duty on account of sickness or

ill-health -

(i)     do any act that will, or is likely to, retard the member's return to work; or

(ii)     conduct himself or herself in a manner that is likely to cause a delay in returning to work.

15.          Regulation 607 amended

In regulation 607(l)(a) delete "to him or obtained by him" and insert:

to, or obtained by, the member

16. Regulation 624 amended
Delete regulation 624(2) and insert:

(2) Upon completion of the investigation the investigating officer shall make a report to the officer by whom the investigating officer was appointed to make the

investigation.

17.          Regulation 902 amended

In regulation 902(1)(b) delete "of his officer in charge or his immediate superior, as the case may be, as ceremonial dress where he is" and insert:

of the member's officer in charge or immediate superior, as the

case may be, as ceremonial dress where the member is

18. Regulation 906 amended
In regulation 906(2):

(a) in paragraph (a) delete "to him, used by him or entrusted

to his care; or" and insert:

to, used by, or entrusted to the care of, the member; or

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(b) in paragraph (b) delete "issued to him or used by him or entrusted to his care other than in the performance of his duty." and insert:

issued to, used by, or entrusted to the care of the
member, other than in the performance of the member's
duty.

19.          Regulation 1403 amended

In regulation 1403 after "widow" insert:

or widower

20.          Various provisions amended

Amend the provisions listed in the Table as set Out in the Table.

Table

Provision Delete Insert

r. 605(1)(d)	him	the offender
r. 615(b)	him	him or her
r. 907(1) and (3)
r. 607(1)(b) and	him	the member
(2)(b)	(each occurrence)

r. 608(2) and (3)
r. 805(2)
r. 906(1) and (3)
r. 1104(1)

r. 1203(a)(iii) and

(b)(ii)

r. 1304(4)
r. 1306
r. 1309

r. 1404

r. 1503(2)

r. 304(1) and (3)	his	his or her
(each occurrence)

IGIG GOVERNMENT GAZETTE, WA 2() May 2011

Provision Delete Insert

r. 402(c), (d) and (e)

r. 403 i•. 505

r. 505A(3)

r. 604

r. 605(1)(a), (c), (e),
(g), (h), (i) and (k)

and (3)

r. 607(1) and (2)

r. 608(1), (2) and (3)

r. 609(b)

r. 615 r. 622 r. 625(c)

r. 903(2)

r. 905(4)

r. 906(3) r. 907(3) r. 908(1) r. 909(1) and (2)
r. 1102(1)
i'. 1103
r. 1107(1) def of distance rate and (3)(a)(ii)
r. 1304(2)
r. 1305
r. 1308(1) and (2)
r.	1311

r. 1404

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Provision Delete Insert

r. 616	his	the member's
(each occurrence)
i.618(1) r. 902(1)(a) and (c) r. 906(1) r. 907(1) and (2) r. 1107(2) and (3)(b)
r. 1202(1)
r. 1203(a) and (b) r. 1204(1 )(e) and (f) r. 1205 r. 1302(a)

r. 1304(1)and(3 )

r. 1306

r. 1309

r. 1503(1)

r. 505A(1)	his	the person's
(each occurrence)
r. 608(1 )(c)	himself	himself or herself

r. 1402(1)

r. I 204(1)(e)	himself	the member
r. 401	he	the member
(each occurrence)
r. 402(c) and (d)
r. 407(4)
r. 605(1)(e), (g), (h), (i) and (j) and (3)
r. 609(b) r. 615 r. 617(2)

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Provision Delete Insert

r. 626(1) r. 905(1) r. 907(1) and (2)

r. 1102(1)

1.1103

r. 1107(3)(a)(ii)
r. 1202(1) and (2) r. 1203(a) and (b) r. 1204(1)
r. 1304(2)

r. 1309

r. 1402(4)

r. 1506

r. 407(3)	he	he or she
(each occurrence)
_r.	625(b) r. 505A(2)	he	the Commissioner
r. 1106 r. 1402(1)

Note: The heading to amended regulation 604 is to read:

Officer in charge not to remain absent unless arrangements made for his or her absence

Date:  23/04/2014.

Signed: STEPHEN A. BROWN, APM,

Commissioner of Police.

Approved: L. HARVEY,

Minister for Police.