Version No. 122

Police Regulation Act 1958

No. 6338 of 1958

Version incorporating amendments as at 1 December 2008

table of provisions

Section Page

xiii

Section Page

1 Short title and commencement 1

2 Repealed 1

3 Definitions 1

Part I—Appointments and Retirements 10

4 Constitution of the police force 10

4AA Appointment of Acting Assistant Commissioner 12

4AB Appointment of Acting Chief Commissioner 13

4A–4G Repealed 13

5 Authority of Chief Commissioner and officers 15

6 Powers of Deputy Commissioner 15

6A Delegation by Chief Commissioner 16

7 Medical Board 17

8 Appointments to and promotions and transfers within the force 18

8AA Appeals against non-selection for promotion 19

8AB Grounds for promotion or transfer 20

8A Police recruits 21

9 Repealed 22

10 Women to receive salaries etc. at same rate as men 22

11 Authority of constables 22

12 Repealed 23

13 Oath to be taken by members of the force 23

14 Three months' notice of resignation to be given by members of the force 24

15 Repute to be evidence of appointment 24

16 All powers vested in members of the force to cease upon discharge 24

16A Right to early retirement 25

16B Incapacitated officers 25

Part II—Duties and Discipline 26

17 Standing orders etc. 26

18 Repealed 26

18A Assistance to coroners 26

19 Members of police force who may execute process and warrants 26

20 Process directed to one may be executed by another 27

Part III—Superannuation Gratuities Pensions Allowances and Funds 28

Division 1—Provisions applicable to members of the force
appointed before November 25th 1902 28

21 Division to apply to appointments before 25November 1902 28

22 Rate of superannuation allowance 28

23 Superannuation on account of ill health 29

24 Gratuity or yearly pension to members disabled in the performance of duty 29

25 Gratuity to members retiring from ill health 30

26 Conditions on which pensions are withdrawable 30

27 Members retiring after twenty years' service 31

28 Gratuity or pension to relatives where life lost on duty 31

29 Allowances of retiring members to be considered when estimating gratuity etc. 31

30 Dismissed members not entitled to pension 31

31–35 Repealed 31

36 Time in other branches to count 32

37 Provision not to apply to transfer to police force from other public departments 32

38 Definition of service in this Division 33

Division 2—Provisions applicable to members of the force
appointed on or after 25th November 1902 33

Introductory 33

39 Definitions 33

Application of this Division 35

40 Application to members of the force 35

41 Repealed 36

Retirement pensions allowances and gratuities 36

42 Entitlement to pensions 36

42A Pensioner may elect to convert part of pension entitlement to lump sum payment entitlement 37

43 Pensions and gratuities to members of the force 39

44 Entitlement of spouse to pension or gratuity 40

44A, 44B Repealed 42

45 Allowances and gratuities to children and dependants 42

46 Scales of pensions, allowances and gratuities 43

46A Member may elect to increase spouse's pension entitlement in certain circumstances 43

46B Amount of pension payable to pensioner 45

Approved service 47

47 Service to be reckoned for pension 47

Grant revision forfeiture and offences in respect of pensions 49

48 Repealed 49

49 Power to reduce pension etc. where infirmity is due to misconduct 49

50 Assignment of benefits 49

51 Payment of benefits if person is incapable 49

52 Penalty for obtaining pension etc. by fraud 50

Rateable deductions 51

53 Repealed 51

54 Dismissal etc. for misconduct 51

55 Repealed 52

Saving of right of dismissal and reduction 52

56 Saving of right of dismissal and reduction in rank 52

Division 3—Additional provisions 52

Provisions of 1948 and 1949 52

57 Definitions 52

58 Pensions of members who retired before 2January 1948 53

59 Retrospective increase in certain widows' pensions 55

Provisions of 1950 58

60 Definitions 58

61 Increase of rates of pension to pensioners who retired before 30June 1950 59

62 Increase of rates of pension to widows entitled to pension before 30 June 1950 60

63 Appropriate retrospective adjustments to be made 61

Provisions of 1955 and 1958 61

64 Retrospective payments to pensioners widows and children already entitled to pensions etc. 61

Provisions of 1960 63

64A Basic rate of pension 63

General provision about final salary 64

64B Final salary for superannuation benefit purposes 64

Provision for indexation 65

64C Indexation of pensions 65

Division 4—ESS Board 67

65 Repealed 67

66 Applications for pensions, gratuities etc. 67

67, 67A Repealed 68

67B Preservation of minimum benefit 68

Division 5—Beneficiary choice program 69

67C Definitions 69

67D Application to participate 70

67E Commutation 71

Part IV—Employment, Disciplinary and Other Matters 72

Division 1—Dismissal of unsuitable members 72

68 Chief Commissioner may dismiss unsuitable members 72

68A Suspension pending decision 74

68B Application for review of dismissal order 75

68C Procedure on review 75

68D What may the Appeals Board order? 76

68E Evidence 78

68F Witnesses 79

68G Representation and costs 80

68H, 68I Repealed 80

Division 2—Discipline 81

69 Breaches of discipline 81

70 Preliminary investigation 83

71 Charging 84

72 Form of charge 85

73 Inquiry into a charge 85

74 Authorised officers 85

75 Procedure on an inquiry 86

76 Determination of the inquiry 87

77 Enforcement of the determination 88

78 Adjournment of charge 88

Division 3—Members alleged to have committed criminal
offences punishable by imprisonment 89

79 Where member believed to have committed a criminal
offence punishable by imprisonment 89

80 Where charge found proven against a member 90

81 Action not to be taken against a member twice 91

Division 4—Fitness for duty 92

82 Inquiry into fitness for duty 92

83 Notice of the inquiry 92

84 Procedure at an inquiry 93

85 Determination of the inquiry 94

Division 4A—Testing of Members for Alcohol or Drugs of Dependence 94

85A Definitions 94

85B Testing of members in certain circumstances 95

85C Chief Commissioner may have regard to evidence in certain circumstances 97

85D Taking of sample when member is unconscious or otherwise unable to comply with direction 97

85E Admissibility of test result in certain proceedings 98

85F Confidentiality of test results 99

85G Offence to disclose identifying information 100

85H Regulations 100

Division 5—Effect of suspension dismissal or reduction of rank of
a member 101

86 Suspension of a member 101

86AAA Forfeiture of salary by suspended member 102

86AA No compensation for dismissal or reduction of rank 103

Division 6—Annual report of Chief Commissioner 103

86AB Annual report of Chief Commissioner 103

Part IVA—Complaints and Investigations 104

Division 1—Preliminary 104

86A Definitions 104

86B Provisions of this Act prevail 105

86C–86JA Repealed 105

86K Offences 107

86KA Confidentiality of summons 108

86KB Contempt of Director 109

86KC No double jeopardy 112

86KD Repealed 112

Division 1A—Protection of persons, documents and other things 112

86KE Who is a protected person? 112

86KF What is a protected document or other thing? 113

86KG Protected documents and other things—legal proceedings other than criminal proceedings 114

86KH Production and inspection of protected documents and things—criminal proceedings 115

86KI Appointment of special counsel 117

86KJ General protection of protected persons 118

86KJA Compellability of protected persons as witnesses 119

86KK Protection of legal practitioners and witnesses 120

Division 2—Complaints and investigations 120

86L Making of complaints 120

86LA Whistleblowers Protection Act 2001 applies to certain
complaints 124

86M Complaints made to a member of the force 124

86N Complaints made to the Director 125

86NA Investigations initiated by Director 127

86O Investigations by the Chief Commissioner 128

86P Investigations by the Director 129

86PA Evidence in Director investigations 131

86PB Video-recording of examination 132

86PC Underage and impaired witnesses 134

86PD Arrest of recalcitrant witnesses 135

86PE Witness already held in custody 137

86PF Failure of witnesses to attend and answer questions 139

86Q Power to require answers etc. of a member of the force 140

86QA Referral of matters to DPP 140

86R Further investigations etc. 141

86S Chief Commissioner to respond to Director 143

86T Advice to complainant 143

86TA Exemption from Freedom of Information Act 1982 144

86TB Director and staff may prosecute 145

86TC Immunity 146

86U Jurisdiction 146

86V Prohibition of victimisation 146

Division 2A—Legal assistance for witnesses 148

86VAA Definitions 148

86VAB Provision of legal assistance to witnesses 148

86VAC Regulations 149

Division 2B—Privileges and secrecy provisions 149

86VAD Privilege against self-incrimination abrogated 149

86VAE Legal professional privilege 150

86VAF Procedure for determining claims of legal professional privilege 151

86VAG Application to court to determine legal professional
privilege 152

86VAH Determination of legal professional privilege 153

86VAI Secrecy provisions and Crown privilege 154

Division 3—Powers of entry, search and seizure 154

86VA Definition 154

86VB Power to enter public authority premises 155

86VC Power to seize documents or things at public authority premises 156

86VD Copying of, access to or receipt for things seized 157

86VE Application for return of things seized 159

86VF Return of things seized 160

86VG Powers with search warrant 161

86VH Procedure for executing warrant 162

86VI Copies or receipts to be given 163

86VJ Return of documents and other things 163

86VK Assistance in executing search warrants 164

86VL Police must provide reasonable assistance 165

86VM Privilege claims in relation to search warrants 165

86VN Application to court to determine privilege 166

86VO Determination of privilege claim 167

86W–86Z Repealed 154

Division 4—Oversight by special investigations monitor 168

86ZA Role of Special Investigations Monitor 168

86ZB Director must report summonses to Special
Investigations Monitor 169

86ZC Director must report arrest warrants to Special
Investigations Monitor 169

86ZD Director must report other matters to Special
Investigations Monitor 169

86ZE Complaints to Special Investigations Monitor 170

86ZF Special Investigations Monitor may refuse to investigate complaint 171

86ZG Investigation of complaints 171

86ZH Recommendations by Special Investigations Monitor 172

86ZI Requirement to provide assistance 173

86ZJ Powers of entry and access 173

86ZK Requirement to answer questions and produce documents 174

86ZL Annual and other reports by Special Investigations
Monitor 175

86ZM Report on operation of this Part 177

86ZN Delegation 177

Part V—Police Appeals Board 179

Division 1—Establishment of Police Appeals Board 179

87 Establishment of Appeals Board 179

87A, 87B Repealed 179

88 Functions of Appeals Board 180

88A–88C Repealed 180

89 Membership of Appeals Board 181

90 Remuneration 182

90A Repealed 182

91 Vacancies, resignation and removal from office 183

91A Acting members 183

91B Effect of vacancy or defect 184

91C Annual report of the Appeals Board 184

91D Repealed 184

Division 2—Appeals and reviews by the Appeals Board 185

91E Appeals to the Appeals Board 185

91F Application for a review by the Appeals Board 185

91G Appeals Board's powers on a review 187

91H Appeal or review may proceed in absence of member 188

91I Extension of action taken against member 188

Division 3—General procedure of Appeals Board 189

91J Natural justice 189

91K Appeal Board must have regard to public interest and
interests of applicant on review 189

91L General procedure of Appeals Board 189

91M Constitution of Appeals Board for appeals and reviews 190

91MA Hearings to be public unless otherwise ordered 191

91N Appearance and representation 191

91O Evidence 191

91P Witness summons 192

91Q Chief Commissioner to give effect to Appeals Board orders
and decisions 193

91R Contempt of Appeals Board 193

91S Protection of participants 194

91T Extension of time 195

Part VA—Enforcement 196

Division 1—Reinstatement 196

92 Reinstatement of certain discharged etc. members of force 196

Division 2—Offences 197

93, 94 Repealed 197

95 Bribery and corruption 197

96 Penalty for not delivering accoutrements 198

97 Penalty for personating etc. members of the force 199

98 Penalty on persons wrongfully obtaining admission into the
force 199

Division 3—Search and seizure 200

99 What is a relevant offence? 200

100 Entry, search and seizure 200

100A Search warrant 202

100B Announcement before entry 203

100C Details of warrant to be given to occupier 204

100D Seizure of things not mentioned in the warrant 204

100E Copies of seized documents 204

100F Retention and return of seized things 205

100G Magistrates' Court may extend 6 month period 206

100H Things seized may be used in connection with
investigations into conduct 206

Division 4—Imprisonment 206

101 Imprisonment may be substituted for pecuniary penalties 206

102 Imprisonment in any place specially appointed 207

Part VB—Office of Police Integrity 208

102A Office of Police Integrity 208

102AB Appointment of Director, Police Integrity 209

102AC Remuneration and allowances 210

102AD Terms and Conditions 210

102AE Vacancy and resignation 210

102AF Suspension and removal from office 211

102AG Acting appointment 212

102B Functions and Powers 212

102BA Objects of Director 213

102C Repealed 213

102D Oath or affirmation 213

102E Staffing 214

102EA Secondment of members of the force 215

102EB Effect of secondment 216

102F Delegation by Director 217

102G Confidentiality 218

102H Disclosure of information to corresponding authorities 219

102I Disclosure of information to the Privacy Commissioner 220

102IA Disclosure of information to the Ombudsman 221

102J Annual and other reports to Parliament 221

102K Transmission of reports to Parliament 221

Part VC—Special Constables 224

Division 1—Appointment of special constables generally 224

102L Appointment of special constables 224

102M Oath or affirmation 225

102N Status and powers of special constable 226

102O Termination of appointment 227

102P Discipline 228

Division 2—Incidents requiring urgent cross-border assistance 229

102Q Declaration of incident 229

102R Period of declaration 230

102S Appointment of special constables during declared
incident 230