Police Regulation (Priority Lists and Appeals) Amendment Act 1980 (NSW)

POLICE REGULATION (PRIORITY LISTS AND

APPEALS) AMENDMENT ACT, 1980, No. 92

A N N O V I C E S I M O N O N O

ELIZABETHE II REGINE

Act No. 92, 1980.

A n Ac t to amend the Pol ice Regula t ion Act , 1899 , and the Police Regula t ion ( A p p e a l s ) Ac t , 1 9 2 3 , with respect to the p repara ­ t ion of, and appeals relat ing to , lists of senior constables qualified for p romot ion to the r a n k of sergeant third class in

the police force. [Assented to , 1st M a y , 1980 . ]

BE it enac ted by the Queen ' s M o s t Excel lent Majesty, by and with

the advice and consent of the Legislative Counci l and Legislative Assembly of N e w South Wales in Par l i ament assembled, and by the author i ty of the same, as follows : —

1. This A c t may be cited as the "Pol ice Regula t ion (Pr ior i ty

Lists and A p p e a l s ) A m e n d m e n t Ac t , 1 9 8 0 " .

2. Th i s Ac t conta ins the following Schedules : —

S C H E D U L E 1 . — A M E N D M E N T T O T H E P O L I C E R E G U L A T I O N

A C T , 1 8 9 9 .

S C H E D U L E 2 . — A M E N D M E N T S T O T H E P O L I C E R E G U L A ­

T I O N ( A P P E A L S ) A C T , 1 9 2 3 .

S C H E D U L E 3 . — A M E N D M E N T S T O T H E P O L I C E R E G U L A ­

T I O N A C T , 1899 , BY W A Y O F S T A T U T E L A W R E V I S I O N .

3 . T h e Pol ice Regula t ion Act , 1899 , is amended in the m a n n e r

set forth in Schedules 1 and 3,

4. T h e Pol ice Regu la t ion ( A p p e a l s ) Act , 1 9 2 3 , is amended

in the m a n n e r set forth in Schedule 2 .

5 . No twi ths tand ing the a m e n d m e n t s m a d e to the Pol ice

Regula t ion ( A p p e a l s ) Act , 1 9 2 3 , by this Ac t , the provis ions of tha t A c t con t inue to apply to and in respect of a decision of the

Commiss ione r of Pol ice m a d e on or before 31st M a r c h , 1981

(be ing a decision referred to in section 3 ( 1 ) of tha t A c t as in force immedia te ly before the c o m m e n c e m e n t of this A c t ) as if

this A c t had no t been enacted .

S C H E D U L E 1.

A M E N D M E N T T O T H E P O L I C E R E G U L A T I O N A C T , 1899 .

Section 6 c —

After section 6B , insert :—

6 c . ( 1 ) In this sect ion—

"lower r ank ing m e m b e r of the police force" means a m e m b e r of the pol ice force lower in r a n k t han the r a n k of sergeant third class;

"priori ty list" means a list p repa red unde r subsect ion

( 2 ) ;

"qualified lower rank ing m e m b e r of the police force" means a lower rank ing m e m b e r of the police force who , accord ing to the rules governing p romot ion in the police force, is qualified to be p romoted to the rank of sergeant third class;

"sergeant third class" means a sergeant of a rank lower than the rank of any o ther rank of sergeant ;

" supplementa ry priority list" means a list p repa red

unde r subsect ion	( 3 ) ;
"yea r " means any year commenc ing on 1st Apr i l .
( 2 )	N o t la ter than 31st December , 1980 , and not

la ter than 31st D e c e m b e r in each subsequent year, the Commiss ioner shall p r epa re or cause to b e p repa red a list for the year next following the p repara t ion of the list conta in ing the names of such n u m b e r of qualified lower r ank ing m e m b e r s of the police force as the Commiss ioner th inks fit, tha t n u m b e r being no t less t han the n u m b e r of vacancies in the r ank of sergeant third class expected to occur dur ing that year .

S C H E D U L E I—continued.

A M E N D M E N T T O T H E P O L I C E R E G U L A T I O N A C T , 1 8 9 9 —

continued.

( 3 ) If, at any t ime dur ing any year, it appears to the Commiss ioner tha t the n u m b e r of vacancies in the r ank of sergeant third class expected to occur dur ing the r ema inde r of that year will exceed the n u m b e r of qualified lower rank ing m e m b e r s of the police force whose names are then conta ined in the priori ty list p repa red for that year, the Commiss ioner shall p repa re or cause to be pre­ pared a list for the r ema inde r of that year conta in ing the names of such n u m b e r of qualified lower ranking members of the police force as the Commiss ioner thinks fit, tha t n u m b e r being not less than the n u m b e r of expected excess vacancies .

( 4 ) T h e Commiss ioner m a y appoin t such panels or

commit tees , compr is ing such n u m b e r of member s of the police force of or above the r ank of inspector , as he thinks fit for the pu rpose of advising h im or assisting in the p repara t ion of any priori ty list or supplementary priori ty list for the purposes of this section.

( 5 ) As soon as pract icable after a pr ior i ty list or

supplementa ry priori ty list has been p repa red unde r this

section, the Commiss ioner shall cause a copy of the list
to be served o n —

( a )	every lower r ank ing m e m b e r of the police	force
whose name is conta ined in the list; and

( b ) every lower rank ing m e m b e r of the police force whose n a m e is not conta ined in the list bu t who is senior in r ank to the most jun ior lower ranking m e m b e r of the police force whose n a m e is con­ tained in the list.

SCHEDULE I—continued.

A M E N D M E N T TO THE POLICE REGULATION A C T , 1899—

continued.

(6) Service of a copy of a list under subsection (5) may be effected by delivering the copy to the lower ranking member of the police force in person or by sending it to him by certified mail to his address last known to the Commissioner.

(7) A lower ranking member of the police force shall not be promoted to the rank of sergeant third class in any year—

(a) unless, where his name is contained in the priority list for that year—

(i) the period within which appeals under section 4 (1) of the Police Regulation (Appeals) Act, 1923, relating to that list has expired; and

(ii)   every appeal under section 4 (1) of that Act relating to that list has been finally determined or has been withdrawn; or

(b) unless, where his name is contained in a supplementary priority list for a part of that year—

(i) the period within which appeals under section 4 (1 ) of the Police Regulation (Appeals) Act, 1923, relating to that list has expired; and

(ii)   every appeal under section 4 (1) of that Act relating to that list has been finally determined or has been withdrawn.

SCHEDULE I—continued.

A M E N D M E N T TO THE POLICE REGULATION A C T , 1899—

continued.

(8) A person shall not be promoted to the rank of sergeant third class in any year after the year ending on 31st March, 1981, unless he is a qualified lower ranking member of the police force and—

(a)	his name is contained in the priority list for that year and is higher in order than the name of any other qualified lower ranking member of the police force contained in that priority list; or
(b)	his name is contained in a supplementary priority list for a part of that year and—

(i)   his name is higher in order than the name of any other qualified lower ranking member of the police force contained in that supplementary priority list; and

(ii)   the priority list for that year and any

previously prepared supplementary

priority list for a part of that year does not contain the name of any qualified lower ranking member of the police force.

(9) A sergeant third class whose name was

contained—

(a) in a priority list for any year and who was promoted to the rank of sergeant third class in that year is senior, in the rank of sergeant third class, to any other sergeant third class whose name was contained—

(i)    in that priority list lower in order than the name of the firstmentioned sergeant:

SCHEDULE I—continued.

A M E N D M E N T TO THE POLICE REGULATION A C T , 1899—

continued.

(ii)   in the priority list for any subsequent year; or

(iii)   in a supplementary priority list for part of that or any subsequent year; or

(b) in a supplementary priority list for part of any year and who was promoted to the rank of sergeant third class in that year is senior, in the rank of sergeant third class, to any other sergeant third class whose name was contained—

(i)   in that supplementary priority list lower

in order than the name of the

firstmentioned sergeant; or

(ii)   in any priority list, other than the priority list for that or any previous year, or in any supplementary priority list other than a previously prepared supplementary priority list.

(10) For the purposes of subsections (8) and

( 9 ) —

(a)	a reference to a priority list or a supplementary priority list is, where such a list has been varied
under section 4 (2) of the Police Regulation (Appeals) Act, 1923, a reference to that list as so varied; and
(b)	a supplementary priority list shall be deemed to have been prepared previously to another sup­ plementary priority list if it purports to have been prepared on an earlier date.

SCHEDULE 2.

A M E N D M E N T S TO THE POLICE REGULATION ( A P P E A L S )

A C T , 1923.

(1) Section 2, definitions of "Sergeant first class", "Sergeant third

class"—

After the definition of "Commissioner", insert :—

"Sergeant first class" means a sergeant of a rank higher

than the rank of any other rank of sergeant.

"Sergeant third class" means a sergeant of a rank lower

than the rank of any other rank of sergeant.

(2) Section 3 (1) (a) —

Omit "rank of sergeant first class", insert instead "rank of sergeant first class or the rank of sergeant third class".

(3) Section 4 (1) — Omit "5A or 6b", insert instead "5A, 6B or 6c".

SCHEDULE 3.

A M E N D M E N T S TO THE POLICE REGULATION A C T , 1 8 9 9 ,

BY WAY OF STATUTE L A W REVISION.

( 1 ) (a) Section 5A ( 9 ) (b) —

Omit "inspector to", insert instead "inspector, to".

(b) Section 5A ( 1 1 ) —

Omit "priority list" where fourthly occurring, insert instead "supplementary priority list".

(2) Section 6B ( 1 0 ) ( a ) —

Omit "section 4B ( 2 ) " , insert instead "section 4 ( 2 ) " .