- Police Act 1990 No 47
- Status information
- Long title
- Part 1 Preliminary
- Part 2 NSW Police Force
- 4 Establishment of NSW Police Force
- 5 Composition of NSW Police Force
- 6 Mission and functions of NSW Police Force
- 6A Functions under Law Enforcement Conduct Commission Act 2016
- 7 Statement of values of members of NSW Police Force
- 8 Commissioner to manage and control NSW Police Force
- 9 (Repealed)
- 10 Positions in NSW Police Force
- 11 Designation of police officers
- 12 Ranks and grades of police officers
- 13 Oath to be taken by persons exercising police functions
- 14 Additional functions of police officers
- Part 3
- Part 4 The Commissioner of Police
- Part 5 NSW Police Force senior executives
- 32 NSW Police Force senior executives
- 33 Appointment of senior executives
- 34 Integrity matters
- 35 Kinds of employment
- 36 Employment in bands and assignment to roles
- 37 Government sector employment rules and employment directions
- 38 Contract of employment
- 39 Remuneration, benefits and allowances
- 39A (Repealed)
- 40 Termination of employment
- 41 Compensation for termination of employment
- 42 Industrial or legal proceedings excluded
- 43–61 (Repealed)
- Part 6 Non-executive police officers
- Division 1 Preliminary
- Division 2 Appointment of non-executive police officers
- 64 Appointments to non-executive police officer positions
- 65 Filling non-executive positions by either police officers or non-executive administrative employees
- 66 Appointments and promotion appointments to be made on merit
- 66AA Promotion appointments to specialist positions
- 66AB Promotion appointments to specialist positions requiring specific qualifications—provisional appointments
- 66AC Appointments—senior sergeants
- 66A Acting appointments
- 67 (Repealed)
- 68 Declaration as to misconduct
- 69 Transfer of non-executive police officers
- 70 (Repealed)
- 71 Integrity matters
- 72 Vacation of non-executive police officer positions
- 73 Regulations relating to promotion of non-executive police officers
- Division 3 Term of office of non-executive commissioned police officers
- Division 4 Appointment and promotion of constables
- Part 6A Non-executive administrative employees
- 81 Application of Part
- 81A Kinds of employment
- 81B Integrity matters
- 81C Employment in classifications of work
- 81D Assignment of roles in work classifications
- 81E Termination of employment
- 81F Government sector employment rules relating to employment of non-executive administrative employees
- 81G Employment of special constables
- 82–83 (Repealed)
- Part 6B Industrial matters relating to non-executive officers
- Part 7
- Part 8 General provisions relating to employment of all members of NSW Police Force
- Note
- 92, 93 (Repealed)
- 93A Conditions of engagement of administrative employees
- 94 Requirements as to citizenship
- 94A (Repealed)
- 94B Retirement on medical grounds
- 94C Resignation or retirement
- 94D Approval to engage in other paid employment
- 95 Arrangements for use by NSW Police Force of staff of other agencies
- 95A Arrangements for use by other agencies of members of NSW Police Force
- 95B, 96 (Repealed)
- 96A Finger printing and hand printing of applicants—police officers
- 96B Vetting of prospective members of NSW Police Force or consultants
- 96C Safeguards relating to use of vetting information
- 96D Secrecy—review information
- 97 Periodic financial and integrity statements to be furnished
- 97A Confidentiality of financial statements
- 98 Recognition of commissioned officers
- 99–120 (Renumbered as secs 200–221)
- Part 8A Complaints about conduct of police officers, administrative employees and the NSW Police Force
- Division 1 Preliminary
- Division 2 Procedure for making complaints
- Division 3 Misconduct matters information system
- Division 4 Dealing with misconduct matters
- 130 Notices about police and administrative employee misconduct matters received by Commissioner
- 131 Dealing with misconduct matters
- 132 Factors affecting decision about investigation of or other dealing with police or agency misconduct matter
- 133 Decision of Commissioner as to investigation of notifiable misconduct matter concerning police misconduct or officer or agency maladministration
- Division 5 Action with respect to police and agency misconduct matters
- Division 6 Miscellaneous provisions relating to investigations under this Part
- 137 Information to be sent to complainant (if any) and LECC
- 138 Commissioner’s progress reports to complainant
- 139 Proceedings may be instituted if warranted
- 140 Commissioner may decide to take no further action
- 141 Other police investigations not affected
- 142 Action on misconduct matter not affected by failure to comply with Part
- 143–155 (Repealed)
- Divisions 7, 8
- Division 9 Miscellaneous
- 167A Offence of making false complaint about conduct of police officer or giving false information about misconduct matter
- 168, 169 (Repealed)
- 169A Identity of complainant not to be disclosed
- 170 Certain documents privileged
- 171 Part not to affect police officers’ other powers and duties
- 172 Use of Federal and interstate police for investigations
- Part 9 Management of conduct within NSW Police Force
- Division 1 Misconduct and unsatisfactory performance
- Division 1A Review of Commissioner’s order under Division 1
- 174 Review generally
- 175 Proceedings on a review
- 176 Conciliation of applications
- 177 Arbitration where conciliation unsuccessful
- 178 Rules of evidence and legal formality
- 179 Application of Industrial Relations Act 1996
- 180 Matters relating to evidence
- 181 Application of Division to both reviews and appeals from review decisions
- 181A–181C (Repealed)
- Division 1B Summary removal of police officers in whom Commissioner does not have confidence
- Division 1C Review of Commissioner’s decision under Division 1B
- 181E Review generally
- 181F Proceedings on a review
- 181G Application of Industrial Relations Act 1996 to reviews
- 181H Commissioner and members of Commissioner’s Advisory Panels compellable witnesses only by leave
- 181I Matters relating to evidence
- 181J Application of Division to both reviews and appeals from review decisions
- Division 1D Constitution of Industrial Relations Commission for the purposes of proceedings under this Part
- Division 2 Resignation of police officers on recommendation of LECC
- Division 2A Revocation of promotional appointment because of misconduct in obtaining promotion
- Division 3 Miscellaneous provisions
- Part 9A
- Part 9B Police officers—death and disability
- 199A Definitions
- 199B Police officers excluded from this Part
- 199C Approved death and disability insurance policy to be taken out on behalf of police officers
- 199D Approved death and disability insurance policy
- 199E Contribution by State to cost of approved insurance policy
- 199F Contributions by police officers to cost of approved insurance policy
- 199G Regulations relating to death or disability of police officers
- 199H Other entitlements not affected
- 199I Rescission of Crown Employees (Police Officers Death and Disability) Award 2005
- 199J Rescission of workers compensation top-up provisions of Crown Employees (Police Officers - 2009) Award
- 199K Savings and transitional arrangements
- 199L Review of costs of scheme and advice to Minister and Treasurer
- 199M Review of effectiveness of scheme by Auditor-General
- Part 10 Offences relating to NSW Police Force
- 200 Bribery or corruption
- 201 Neglect of duty etc
- 202 Admission to NSW Police Force as police officer under false pretences
- 203 Wearing or possession of police uniforms by others
- 204 (Repealed)
- 204A Use of “police” in operating name
- 204B Consents for the purposes of section 204A
- 205 Use of police designations by others
- 206 Protection against reprisals
- 207 Proceedings for offences
- Part 10A Integrity testing of police officers
- Part 10B Recognised law enforcement officers
- Part 11 Charges for police services
- Part 12 Miscellaneous
- 211A Testing of police officers for alcohol and prohibited drugs
- 211AA Testing of officers for steroids
- 211AB Testing of police officers for gunshot residue
- 211B Code of behaviour regarding the consumption of alcohol and the use of prohibited drugs or steroids
- 211C Administrative reviews of certain decisions under Act by Civil and Administrative Tribunal
- 211D Use of statements made by police officers during alternative dispute management procedures
- 211E Disclosure of information concerning former Police Board functions
- 211F Members of NSW Police Force under duty to report misconduct of police officers
- 211G Referral of other misconduct matters to Commissioner
- 211H Exchange of information
- 212 Crown bound by this Act
- 213 Protection from personal liability
- 214 Repute to be evidence of appointment of police officer
- 215, 216 (Repealed)
- 216AA Special risk benefit where student of policing hurt while undergoing police education
- 216A Determination by District Court
- 217 Ministerial inquiries
- 218 Industrial Relations Act 1996 not affected
- 218A Police Band
- 219 Regulations
- 220 Repeals
- 221 Savings, transitional and other provisions
- 222 Review of Act
- 223 Review of Commissioner’s powers
- Schedule 1 Non-reviewable action
- Schedule 2 (Repealed)
- Schedule 3 Repeals
- Schedule 4 Savings, transitional and other provisions
- Historical notes
Police Act 1990 No 47
Current
version
for 30 October 2023
to date
(accessed 18 April 2024 at 18:17)
Status information
Currency of version
Current
version
for 30 October 2023
to date
(accessed 18 April 2024 at 18:17)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Formerly known as
Police Service Act 1990
Police Service Act 1990
Does not include amendments by—
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Industrial Relations Amendment Act 2023 No 41 (not commenced)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Industrial Relations Amendment Act 2023 No 41 (not commenced)
Responsible Minister
Minister for Police and Counter-terrorism
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.