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2 Repealed 1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4A–4G Repealed 13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9 Repealed 22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12 Repealed 23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18 Repealed 26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31–35 Repealed 31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