Queensland Consolidated Acts

POLICE SERVICE ADMINISTRATION ACT 1990

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.1.    Short title
   1.2.    Commencement
   1.3.    Objects
   1.4.    Definitions
   1.5.    Meaning of tenure not limited by time
   1.6.    Notes in text

           Part 2--Queensland Police Service

   2.1.    Maintenance of service
   2.2.    Membership of service
   2.3.    Functions of service
   2.3A.   Presence of police officers at fire or chemical incident
   2.4.    Community responsibility preserved
   2.5.    Administration of staff members
   2.5A.   Officers etc. employed under this Act

           Part 3--Police officers' powers and duties related to those of constable

   3.1.    Meaning of officer in part
   3.2.    Relation to office of constable
   3.3.    Oath of office
   3.4.    Proof of office
   3.7.    Termination of powers

           Part 4--Commissioner of the Queensland Police Service

   4.1.    Establishment of office
   4.2.    Appointment
   4.3.    Conditions of appointment
   4.4.    Term of appointment
   4.5.    Removal and suspension of commissioner
   4.6.    Communications between Minister and commissioner
   4.7.    Recording and publication of communications
   4.8.    Commissioner's responsibility
   4.9.    Commissioner's directions
   4.10.   Delegation
   4.11.   Acting as commissioner
   4.12.   Commissioner's official seal

           Part 5--Appointment of personnel

           Division 1--Officers and other police personnel

   5.1.    Ranks
   5.2.    Appointment to be on merit on impartial procedures
   5.3.    Executive officers
   5.4.    Conditions of employment
   5.5.    Acting as executive officer
   5.6.    Other appointments
   5.7.    Conditions of employment of commissioned officers
   5.8.    Acting as commissioned officer
   5.9.    Conditions of employment of noncommissioned officers and constables
   5.10.   Officer's election on termination of certain appointments
   5.11.   Conditions of employment of police recruits
   5.12.   Appointment on probation
   5.13.   Officer not to refuse transfer, but may object
   5.13A.  Objection to transfer
   5.13B.  Delay in attendance for duty on directed transfer to allow for objection and review
   5.14.   Calculation of continuous service as officer
   5.15.   Officer as employee of Crown
   5.16.   Special constables
   5.17.   Authorisation of non-State police officers

           Division 2--Watch-house officers

   5.18.   Appointment of watch-house officers

           Part 5A--Alcohol and drug tests

           Division 1--General

   5A.1.   Object of pt 5A
   5A.2.   Definitions for pt 5A
   5A.3.   Persons to whom pt 5A applies
   5A.4.   Substances to which pt 5A applies
   5A.4A.  Analysts
   5A.5.   Part does not affect other powers

           Division 2--Provisions about alcohol testing

   5A.6.   When is a person over the limit
   5A.7.   Alcohol limits
   5A.8.   Circumstances for alcohol testing
   5A.9.   Random alcohol testing
   5A.10.  Providing specimen of breath for alcohol test or random alcohol test
   5A.11.  Failure to provide specimen of breath

           Division 3--Provisions about drug testing

   5A.12.  Targeted substance levels
   5A.13.  Circumstances for targeted substance testing
   5A.14.  Providing specimen for targeted substance test
   5A.15.  Effect of failure to provide specimen of urine

           Division 4--What happens if a test result is positive

   5A.16.  If alcohol or targeted substance test positive
   5A.17.  Effect of failure to comply

           Division 5--General

   5A.18.  Giving requirements
   5A.19.  Interfering with specimens
   5A.20.  Test result evidence generally inadmissible
   5A.21.  Evidentiary provision
   5A.21A. Agreements about counselling and rehabilitation
   5A.23.  Limitation on disciplinary proceedings

           Part 5AA--Assessment of suitability of persons seeking to be engaged, or engaged, by the service

           Division 1--Preliminary

   5AA.1.  Purpose of pt 5AA
   5AA.1A. Definition for pt 5AA
   5AA.2.  Parliament's intention
   5AA.3.  Meaning of engaged by the service
   5AA.4.  This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
   5AA.5.  Person to be advised of duties of disclosure etc.

           Division 2--Disclosure of relevant information

   5AA.6.  Persons engaged or seeking to be engaged by the service must disclose relevant information
   5AA.7.  Persons engaged by the service must disclose changes in relevant information
   5AA.8.  Requirements for disclosure

           Division 3--Commissioner may obtain relevant information from other entities

   5AA.9.  Commissioner may request information from other authorities
   5AA.10. Prosecuting authority to notify commissioner about committal, conviction etc.
   5AA.10A.Information about disciplinary action to be given by chief executive

           Division 4--Controls on use of relevant information and information about particular investigations

   5AA.11. Assessment of suitability
   5AA.12. Particular persons to be advised if person unsuitable
   5AA.13. External service provider to be advised if person unsuitable
   5AA.14. Secrecy
   5AA.15. Guidelines for dealing with relevant information

           Part 6--Standing down and suspension

   6.1.    Power to stand down and suspend
   6.2.    Salary entitlement if stood down
   6.3.    Salary entitlement if suspended
   6.4.    Officer relieved of powers and duties while stood down or suspended

           Part 7--Internal command and discipline

   7.1.    Responsibility for command
   7.2.    Duty concerning misconduct or breaches of discipline
   7.3.    Offence of victimisation
   7.4.    Disciplinary action

           Part 7A--Disciplinary declarations against former officers

   7A.1.   Power to conduct disciplinary investigation against a former officer
   7A.2.   Disciplinary action that may be taken against a former officer
   7A.3.   Procedure
   7A.4.   Commissioner to notify former officer of decision
   7A.5.   Notice of misconduct finding to Crime and Misconduct Commission

           Part 8--Resignation, retirement and change in status

   8.1.    Resignation
   8.2.    Retirement
   8.3.    Unfitness for duty on medical grounds

           Part 9--Review of decisions

   9.1.    Operation of part
   9.1A.   Relationship with Industrial Relations Act 1999
   9.2.    Review does not stay decision
   9.2A.   Commissioner for police service reviews
   9.3.    Application for review
   9.4.    Procedures
   9.5.    Result of review
   9.6.    Effect of rescission of decision

           Part 9A--Police prints

   9A.1.   Payment for prints
   9A.2.   Entitlement to prints
   9A.3.   Procedure to obtain print for prescribed purpose
   9A.4.   What is a prescribed purpose

           Part 10--Miscellaneous provisions

           Division 1--Provisions about information disclosure
           Subdivision 1--Information disclosure generally

   10.1.   Improper disclosure of information
   10.2.   Authorisation of disclosure
           Subdivision 2--Criminal history disclosure provisions
   10.2AA. Definitions for sdiv 2
   10.2A.  Disclosure of criminal history for employment screening under commercial or other arrangement
   10.2BA. Disclosure of criminal history to assess suitability of records for s 10.2A purposes
   10.2B.  Disclosure of criminal history for assessing suitability for diversion program
   10.2C.  Misuse of information obtained under ss 10.2A–10.2B
           Subdivision 2A--Disclosure provisions about disciplinary information
   10.2CA. Information about disciplinary action to be given by commissioner
           Subdivision 3--Information disclosure by direct data feed
   10.2D.  Disclosure of information to the media by direct data feed
           Subdivision 4--Other provisions about information disclosure
   10.2E.  Relationship to other laws
   10.2F.  Declarations about particular information disclosures

           Division 1A--Provisions about exchange of policing information
           Subdivision 1--Preliminary

   10.2G.  Definitions for div 1A
   10.2H.  Meaning of CrimTrac
           Subdivision 2--Giving of policing information
   10.2I.  Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes
   10.2J.  Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes
   10.2K.  Giving information to Queensland Transport to enable Queensland Transport to administer MINDA
   10.2L.  Giving information to approved agencies to enable use of information for particular purposes
   10.2M.  Commissioner may impose conditions
           Subdivison 3--Relationship with other provisions
   10.2N.  Use of information permitted despite other provisions
   10.2O.  Condition imposed under another Act may apply
           Subdivision 4--General
   10.2P.  Misuse of information given under this division
   10.2Q.  Extra-territorial application of offence provision
   10.2R.  Protection from liability

           Division 1B--Provisions about exchange of criminal history for child-related employment screening

   10.2S.  Definitions for div 1B
   10.2T.  Giving criminal history to interstate screening unit or approved agency for child-related employment screening
   10.2U.  Use of criminal history permitted despite other provisions
   10.2V.  Protection from liability

           Division 2--Other miscellaneous provisions

   10.3.   Protection from liability for reports
   10.4.   Rejection of frivolous complaints
   10.5.   Liability for tort generally
   10.6.   Payment and recovery of damages
   10.7.   Provision of legal representation
   10.8.   Compensation for injury or death
   10.9.   Service and production of documents
   10.10.  Police establishments
   10.11.  Ownership of official property
   10.12.  Legal proceedings
   10.13.  Surrender of equipment
   10.14.  Vacating of premises
   10.16.  Charges for police services
   10.17.  Exemption from tolls
   10.18.  Prohibited use of words suggesting association with police
   10.19.  Offences
   10.20.  Bribery or corruption of officers or staff members
   10.21.  False representation causing police investigations
   10.21A. Unlawful possession of prescribed articles
   10.21B. Killing or injuring police dogs and police horses
   10.21C. Local laws do not apply in relation to police dogs or horses etc.
   10.23.  Proceedings for offences
   10.24.  Representation of officers in court
   10.26.  Annual report
   10.27.  Review of Act
   10.28.  Regulation-making power

           Part 11--Transitional and declaratory provisions

           Division 1--Transitional provisions for Police Service Administration Act 1990

   11.1.   Interpretation of certain references
   11.2.   References to repealed Act

           Division 2--Transitional provision to assist in interpretation

   11.3.   Relevant information
   11.4.   Amendment of regulation by Police Powers and Responsibilities and Other Legislation Amendment Act 2003 does not affect powers of Governor in Council
   11.5.   Declaration about s 5.17

           Division 3--Declaratory provision for Police Service Administration and Other Legislation Amendment Act 2008

   11.6.   Amendment of regulation by Police Service Administration and Other Legislation Amendment Act 2008 does not affect powers of Governor in Council

           Division 4--Transitional and declaratory provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009

   11.7.   Amendment of regulations by Governor in Council unaffected
   11.8.   Former officer

           Division 5--Transitional provisions for the State Penalties Enforcement and Other Legislation Amendment Act 2009

   11.9.   Definition for div 5
   11.10.  Amendment of regulation by State Penalties Enforcement and Other Legislation Amendment Act 2009 does not affect powers of Governor in Council
   11.11.  Exchange of criminal history for child-related employment screening
           SCHEDULE -- RELEVANT INFORMATION
           Endnotes