New South Wales Consolidated Regulations

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POLICE REGULATION 2015

- Made under the Police Act 1990
- As at 30 August 2023
- Reg 478 of 2015

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - POLICE OFFICERS

           Division 1 - General provisions

   4.      Division of State for police purposes
   5.      Grades within ranks of police officers
   6.      General responsibilities of police officers
   7.      Oath or affirmation of office for police officers
   8.      Performance of duties by police officers
   9.      Responsibilities of off-duty police officers
   10.     Health assessment of police officers
   11.     Certificate of service
   12.     (Repealed)

           Division 2 - Appointment and promotion of constables

   13.     Appointment of constables on probation
   14.     Confirmation of appointment as constable
   15.     Fitness report for probationary constables
   16.     Promotion of constables
   17.     Fitness report for promotion to senior constable
   18.     Exceptional bravery or specially meritorious service

           Division 3 - Promotion of non-executive police officers

              Subdivision 1 - Preliminary

   19.     Application
   20.     Definitions

              Subdivision 2 - Promotions process

   21.     Eligibility criteria to participate in promotions process
   22.     Stage A--Rank-based assessments
   23.     Stage B--Promotion applications

              Subdivision 3 - Review of promotion decisions

   24.     Review of Stage A Rank-based assessments
   25.     Review of Stage B Position-based assessments
   26.     Commissioner's assessment of grounds for review
   27.     Composition of Review Panel
   28.     Procedure for conducting review
   29.     Decision of Review Panel

              Subdivision 4 - Review of decisions made on integrity grounds

   30.     Application for review of decisions made on integrity grounds
   31.     Procedure for conducting review
   32.     Decision of appointed person--the Act, s 73
           Divisions 4-7 - (Repealed)
           None

           Division 8 - Retention of information concerning police officers

   49.     Retention of information concerning police officers

           Division 9 - Misconduct and unsatisfactory performance

   50.     (Repealed)
   51.     Victimisation
   52.     Suspension
   53.     Proceedings against police officers
   54.     Secrecy as to complaints about conduct
   55.     Disclosure of documents concerning action under Part 9 of Act subject to client legal privilege (legal professional privilege)

           Division 10 - Complaints information system

   56.     Establishment of misconduct matters information system

           Division 11 - Remedial performance programs

   57.     Remedial performance programs

           Division 12 - Uniform and insignia

   58.     Police officers to wear uniform
   59.     Insignia of rank
   60.     Responsibility for loss or damage

           Division 13 - Commissioner's Valour Award

   61.     Conferral of Valour Award
   62.     Bar for Valour Award
   63.     Form of Valour Award

           Division 14 - New South Wales Police Medal

   64.     Conferral of Medal

           Division 15 - Payment of gratuities and rewards

   65.     Payment of gratuities for special services
   66.     Special leave benefit where police officer disengaged

   PART 3 - (Repealed)
   None

   PART 4 - MEMBERS OF THE NSW POLICE FORCE GENERALLY

   71.     Acting or relieving in non-executive police officer positions
   72.     Administrative employees may not exercise police powers
   72A.    General responsibilities of administrative employees
   73.     Members refusing promotion or appointment
   74.     Name-plates to be worn
   75.     Numerical identification plates to be worn
   76.     Confidential information

   PART 5 - CONSUMPTION OF ALCOHOL AND USE OF PROHIBITED DRUGS OR STEROIDS

           Division 1 - Preliminary

   77.     Definitions
   78.     Operation of Part

           Division 2 - Code of behaviour

   79.     Code of behaviour
   80.     Exemptions from compliance with code of behaviour

           Division 3 - Consequences of breach of code of behaviour

   81.     Immediate action: police officer relieved from duty and reported
   82.     Consequences for police officers consuming alcohol
   83.     Consequences for police officers repeatedly consuming alcohol
   84.     Consequences of a positive screening test
   85.     Consequences for police officers using prohibited drugs or steroids
   86.     Consequences for police officers repeatedly using prohibited drugs or steroids
   87.     Special provisions in relation to probationary constables
   88.     Other breaches of code of behaviour
   89.     Special follow-up testing
   90.     Double jeopardy

           Division 4 - Authorisation of people to conduct tests and use instruments

   91.     Appointment of authorised persons

           Division 5 - Conduct of testing

   92.     Breath analysis of police officers following positive breath testing

           Division 6 - Handling and analysis of samples

   93.     Object of Division
   94.     Action with respect to initial screening of samples of urine
   95.     Action with respect to samples of urine, hair and blood
   96.     Analysis of samples of urine, hair or blood

           Division 7 - Offence

   97.     Interfering with results of test

   PART 6 - LEAVE ENTITLEMENTS

           Division 1 - Preliminary

   98.     General
   99.     Applications for leave
   100.    Special provisions relating to administrative employees

           Division 2 - Extended leave

   101.    Entitlement to extended leave
   102.    Entitlement to gratuity instead of extended leave
   103.    Payment where member of the NSW Police Force has died

           Division 3 - Annual leave (non-executive police officers)

   104.    Application of Division
   105.    Entitlement to annual leave
   106.    Excess annual leave
   107.    Limits on accumulation
   108.    Termination of services
   109.    Accrual of annual leave while on extended leave, sick leave
   110.    Adjustment for excess leave on termination of services

           Division 4 - Annual leave (executive police officers and administrative employees)

   111.    Application of Division
   112.    Entitlement to annual leave
   113.    Limits on accumulation
   114.    Miscellaneous

           Division 5 - Adoption, maternity and parental leave

   115.    Adoption leave
   116.    Maternity leave
   117.    Parental leave
   118.    Accrual of leave while on maternity leave or adoption leave
   119.    Incremental progression while on maternity leave, adoption leave or parental leave

           Division 6 - Family and community service leave

   120.    Commissioner may grant family and community service leave
   121.    Maximum amount of family and community service leave

           Division 7 - Leave without pay

   122.    Leave without pay for police officers
   123.    Leave without pay for administrative employees

           Division 8 - Sick leave

   124.    Authority to grant sick leave
   125.    Requirements for medical certificate
   126.    Sick leave entitlements
   127.    Payment during initial period of service
   128.    Procedure where workers compensation claimed
   129.    Top-up of weekly workers compensation payments during first 6 months for police officers injured at work
   130.    Procedure where other claim has been made
   131.    Sick leave for police officers appointed before 1 January 1995

           Division 9 - Miscellaneous

   132.    Military leave for members
   133.    Special leave generally
   134.    Special leave to attend as witness
   135.    Weekly rest days for police officers

   PART 7 - DEATH AND DISABILITY PAYMENTS

   136.    TPD minimum scale to be included in approved death and disability insurance policy
   137.    Transitional arrangements for partial and permanent disability payments to apply for limited period
   138.    Salary sacrifice contributions by police officers
   139.    Death and disability payments for contributors to SASS who are covered by the additional benefit

   PART 8 - ALLOWANCES

   140.    Application of Part
   140A.   Travelling, subsistence and other allowances
   140B.   Determination of allowances for NSW Police Force senior executives
   140C.   Allowance for temporary assignment of non-executive administrative employees to higher non-executive roles
   140D.   Allowance for acting in executive roles
   140E.   Payment where allowance not adequate or available
   140F.   Allowance for secondments
   140G.   Assignment to other role--payment of allowances

   PART 9 - RECOGNISED LAW ENFORCEMENT OFFICERS

   141.    Oath or affirmation of office for recognised law enforcement officers
   142.    Supplying officer's details and giving warnings

   PART 10 - MISCELLANEOUS

   143.    Capitalisation factors
   144.    Fees and charges payable to Commissioner--the Act, s 208
   144A.   Charges payable for false security alarms--the Act, s 209
   145.    Bodies authorised to carry on business under operating name that includes "police"
   145A.   (Repealed)
   146.    Savings
   147.    Savings and transitional--command reorganisation
   148.    Savings and transitional--non-executive police officers on promotion lists consequent on enactment of Police Amendment (Promotions) Act 2020
   149.    Savings and transitional--non-executive police officers provisionally appointed to vacant specialist positions consequent on enactment of Police Amendment (Promotions) Act 2020
           SCHEDULE 1


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