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"POLICE ACT 1937-1978" FOR THE GENERAL GOVERN·
MENT AND DISCIPLINE OF THE MEMBERS OF THE POLICE FORCE OF QUEENSLAND
Department of Police,
Brisbane, 27th July, 1978.
HIS Excellency the Governor, acting by arid with the advice of the Executive Council and in pursuance of the provisions of the Police Act 1937-1978, has been pleased to make the following Rules for the general government and discipline of the members of the Police Force.
R. E. CAMM.
RULES
1. Short title. These Rules may be cited as the Police Rules 197 8.
2. Repeal. The Rules made under this Act and published in the Gazette dated 6th April, 1939, as amended from time to time, are repealed.
3. General Powers of the Police Force. The Police Force of the State of Queensland is established under the provisions of the Police Act, and it exercises its powers and performs its duties under and subject to that Act and any other Act or law, including any Act of the Commonwealth, that from time to time has application to the Police Force of the State of Queensland or to the members thereof.
4. Interpretation. In these Rules, unless the context otherwise indicates, the following terms have the meanings set against them respectively.
"Commissioner" means The Commissioner of Police appointed by the Governor in Council under the Police Act;
"Deputy Commissioner" means the Deputy Commissioner of Police appointed by the Governor in Council under the Police Act;
"Assistant Commissioner" means an Assistant Commissioner appointed by the Governor in Council under the Police Act;
"Commissioned Officer" means every Assistant Commissioner, Superintendent (including Chief Superintendent), Inspector of Police, Principal Technical Officer and Principal Scientific Officer appointed by the Governor in Council under the Police Act;
• Published in Queensland Government Gazette, dated 1st August, 1978, Vol.
CCLVIII, No. 99, pages 1555-1594.
"Detective" means a member of the Police Force who holds an appointment as a detective and who is performing detective duties;
"District Headquarters" me~ns the office of the District Officer;
"District Officer" means a Commissioned Officer in charge of a district or any J:!lember of the Police Force relieving in the capacity of such officer;
"General Instruction" means any direction, instruction, or order issued by the Commissioner in book form or by circular memorandum and having general or permanent application and includes the General Instructions contained in the book known as the Queensland Policeman's Manual;
"Licensed Premises" means licensed premises within the meaning of the Liquor Act 1912-1978;
"Liquor" means liquor within the meaning of the Liquor Act 1912-1978;
"Media" means newspapers, journals, periodicals, and the like, whether published daily or at other intervals of ·time, and radio and television broadcasting;
"Medical Board" means the medical practitioners appointed by the Minister to examine and report upon the condition of members of the Police Force with a view to their retirement or superannuation or re-appointment after superannuation;
"Non-Commissioned Officer" includes a Senior Sergeant, Sergeant lst Class, Sergeant 2nd Class and a Sergeant 3rd Class of the Police Force and shall also include Senior Technical Officer Grade III, Senior Technical Officer Grade II, Senior Technical Officer Grade I, Senior Scientific Officer Grade III, Senior Scientific Officer Grade II and Senior Scientific Officer Grade I;
"Officer in Charge of a Police Station" includes any member of the Police Force of whatever rank or grade who is for the time being in charge of a Police Station;
"Police Act" means the Police Act 1937-1978, including any Act in amendment thereof or in substitution therefor, and all Proclamations, Orders in Council, Regulations and Rules for the time being in force thereunder;
"Police Academy" means the Police Establishment where probationaries and members of the Police Force undergo instruction and training and which is utilised as a residence for persons undergoing instruction and training;
"Police Officers' Award" means the Police Officers' Award-State, No. B.175 of 1971, including all variations thereof for the time being in force;
"Police Award" means the Police Award-State, No. B.1117 of 1974, including all variations thereof for the time being in force;
"Police District" or "District" means one of the Districts to which commissioned officers are respectively assigned by the Governor in Council;
"Police Division" or "Division" means the area assigned to a particular Police Station;
"Police Rules" or "Rules" means these Rules or any Rules made from time to time by the Governor in Council under the provisions of the Police Act;
"Police Service" or "Service" means the service of the Police Force of the State of Queensland, and includes the members thereof;
"Police Station" or "Station" means a place within a Police District at which members of the Police Force are stationed within an area known as a Police Division assigned it for Police purposes. The term also includes the Traffic Branch, the Criminal Investigation Branch, the Water Police Station, , Brisbane, and Watchhouses;
"Principal Scientific Officer" includes every Principal Scientific Officer Grade II and Principal Scientific Officer Grade I appointed by the Governor in Council under the Police Act;
"Principal Technical Officer" includes every Principal Technical Officer Grade II and Principal Technical Officer Grade I appointed by the Governor in Council under the Police Act;
"Probationary" includes every person appointed by the Commissioner to enter into training for appointment as a ,member of the Police Force;
"Scientific Officer" means a member of the Police Force who holds an appointment as a scientific officer and who is performing scientific duties;
"Specially meritorious service" means service in the performance of which a member of the Force has displayed intelligence, promptitude and resource to a degree clearly exceeding what might reasonably be expected from an efficient member of the Police Force in the execution of his duty;
"State" means the State of Queensland;
"Superior Officer" includes any member of the Police Force superior in rank or grade or in seniority of rank or grade with respect to any other member, or who may be specially or generally authorised by the Commissioner, the Deputy Commissioner or a Commissioned Officer to act as if he was superior in rank or grade or in seniority of rank or grade to such other member;
"Sworn in" means the taking and subscribing of the oath prescribed by Section 14 of the Police Act;
"Technical Officer" means a member of the Police Force who holds an appointment as a technical officer and who is performing technical duties. The term includes technical duties in relation to Radio Maintenance, Fingerprints, Document Examination, Photography and Motor Vehicles.
5. Composition of the Police Force. The Police Force comprises and includes all members of the Police Force, including uniformed, plain clothes, detective, technical and scientific officers attached to and performing duty at any police establishment.
6. Ranks, Grades and Seniority. (1) As from the date of commence•
ment of this rule, the following are the ranks and grades in the Police Force of Queensland (excluding Technical Officers and Scientific Officers) and such ranks and grades shall have superiority in rank and grade in the following order of precedence:-
(a) Commissioner of Police;
(b) Deputy Commissioner of Police;
(c) Assistant Commissioners of Police;
(d) Superintendents of Police, that is to say- (i) Chief Superintendent;
(ii) Superintendents, Grade 1;
(iii) Superintendents, Grade 2;
(iv) Superintendents, Grade 3;
(e) Inspectors of Police, that is to say- (i) Inspectors, Grade 1;
(ii) Inspectors, Grade 2;
(iii) Inspectors, Grade 3;
(f) Sergeants of Police, that is to say;
(i) Senior Sergeants (including Senior Sergeants holding the appointments either of Detective Senior Sergeant or Plain Clothes Senior Sergeant);
(ii) Sergeants 1st Class (including Sergeaqts 1st Class holding the appointments either of Detective Sergeant 1st Class or Plain Clothes Sergeant 1st Class);
(iii) Sergeants 2nd Class (including Sergeants 2nd Class holding the appointments either of Detective Sergeant 2nd Class or Plain Clothes Sergeant 2nd Class);
(iv) Sergeants 3rd Class (including Sergeants 3rd Class holding the appointments either of Detective Sergeant 3rd Class or Plain Clothes Sergeant 3rd Class);
(g) Constables of Police, that is to say:-
(i) Constables of Police (including Constables holding the appointments of either Detective Constable or Plain Clothes Constable) of the grade of Senior Constable;
(ii) Constables of Police (including Constables holding the appointments of either Detective Constable or Plain Clothes Constable) of the grade of Constable 1st Class;
(iii) Constables of Police (including Constables holding the appointments either of Detective Constable or Plain Clothes Constable) other than Senior Constables and Constables
1st Class.
(2) The following are the grades of Technical Officers in the Police Force of Queensland to take effect as from the commencement of this rule, and such grades shall have superiority in grade in the following order of precedence:-
(a) Principal Technical Officer Grade II;
(b) Principal Technical Officer Grade I;
(c) Senior Technical Officer Grade III;
(d) Senior Technical Officer Grade II;
(e) Senior Technical Officer Grade I;
(f) Technical Officer Grade III;
{g) Technical Officer Grade II;
(h) Technical Officer Grade I.
Prior to their appointment as Technical Officer Grade III, applicants for such appointments shall be required to be qualified as a Constable 1st Class of Police and to notify the Commissioner in writing of their election to serve as Technical Officers for the remaining period of their service unless the Commissioner otherwise determines.
All appointments to Technical Officers Grade II and Technical Officers Grade I shall be made from members of the Police Force.
(3) The following are the grades of Scientific Officers in the Police Force of Queensland, and such grades shall have superiority in grade in the following order of precedence to take effect as from the commence- ment of this rule:-
( a) Principal Scientific Officer Grade II;
(b) Principal Scientific Officer Grade I;
(c) Senior Scientific Officer Grade III;
(d) Senior Scientific Officer Grade II;
(e) Senior Scientific Officer Grade I;
(f) Scientific Officer Grade III;
{g) Scientific Officer Grade II;
(h) Scientific Officer Grade I;
Prior to their appointment as Scientific Officer Grade Ill, applicants for such appointments shall be required to be qualified as a Constable 1st Class of Police and to notify the Commissioner in writing of their election to serve as Scientific Officers for the remaining period of their service unless the Commissioner otherwise determines.
All appointments to Scientific Officer Grade II and Scientific Officer Grade I shall be made from members of the Police Force.
( 4) Seniority of one member of the Police Force over another shall be determined according to the following rules:-
(a) that member who holds the superior rank or grade shall be senior, but of such ranks or grades are equal that member who held the rank or grade for a longer period shall be senior; and
(b) if upon the first application of rule (a) neither member is found to be senior to the other, rule (a) shall be applied a second and, if necessary, any number of subsequent times to the ranks or grades held by such members immediately prior to the period during which the members were found on the preceding application of rule (a) to have held the same rank or grade until one of such members is found to be senior to the other or until rule (a) can be no longer applied; and (c) if thereupon neither member is found to be senior to the
other, that member having the longer period of service in the Police Force shall be senior; and
(d) if thereupon neither member is found to be senior to the other, the Commissioner shall, upon such equitable basis as he considers appropriate, determine which member is senior to the other;
53524/83-B
Provided that-
(i) seniority of one member over another, where both members are Sergeants 3rd class or Constable of the same grade, shall be determined firstly by length of service in the Police Force and then, if necessary, in accordance with clause (d);
(ii) if clause (d) has to be applied to members who were appointed to the Police Force for the first time on or after 1st July, 1978, the Commissioner shall in applying such rule have due regard to the results of examinations and tests undertaken by such members during their periods of training before appointment as members of the Police Force.
( 5) Where the Commissioner in accordance with the Police Act disrates any member of the Police Force, the Commissioner shall disrate such member no lower in seniority than the top of the next lower rank or grade.
( 6) The Commissioner shall from time to time cause to be prepared a Service List showing in relation to each member of the Police Force the following particulars:-
(a) surname, initials, and date of birth;
(b) rank or grade;
(c) registered number;
(d) date of appointment to the Force;
(e) appointment to any rank or grade to which the member has been promoted or disrated; and
(f) seniority in accordance with clause ( 4); and
(g) in the case of female members, the suffix (F) before her date of birth.
( 7) The provisions of this rule shall be observed by the Commissioner when preparing a Service List.
7. Organisation. (1) The Commissioner, subject to the direction of the Minister, is charged with the superintendence of the Police Force of Queensland.
(2) The Deputy Commissioner, subject to the Police Act, shall exercise all such powers and authorities and shall perform all such functions and duties (including powers, authorities, functions and duties of the Commissioner) as the Commissioner may direct, either generally or in a particular case.
( 3) An Assistant Commissioner of Police, subject to the Police Act, shall exercise all such . powers and authorities and shall perform all such functions and duties (including powers, authorities, functions and duties of the Commissioner or the Deputy Commissioner) as the Com- missioner may direct either generally or in a particular case.
( 4) The Chief Superintendent of Police shall, subject to the Police Act and the control and authority of the Commissioner exercise general superintendence of the Police Force.
(5) Regional Superintendence of Police, subject to the Police Act and the control and authority of the Commissioner, shall exercise a general superintendence of the Police Force stationed within the Police Regions to which they are assigned.
( 6) Superintendents and Inspectors of Police, Principal Technical Officers and Principal Scientific Officers are, subject to the Police Act and the control and authority of the Commissioner, charged with the government, direction and superintendence of the Police Force for the time being stationed within -Police Establishments to which they are respectively assigned.
(7) Non-Commissioned Officers of Police, Senior Technical Officers of Police and Senior Scientific Officers of Police shall carry out their duties under the government, direction and superintendence of the com- missioned officer under whose command they are, subject always to the control and authority of the Commissioner.
( 8) Constables of Police, Technical Officers of Police and Scientific Officers of Police shall carry out their duties under the direction and superintendence of their superior officers, subject always to the control and authority of the Commissioner.
(9) Police Stations shall be established within Divisions of Police Districts, and to such Police Stations some member of the Police Force shall be assigned as Officer in Charge of the Police Station, and that officer shall have supervision of the Division for Police purposes.
8. Distribution. (1) The Headquarters of the Police Force shall be at the Office of the Commissioner in Brisbane.
(2) Commissioned Officers shall be distributed throughout the State, according to the Police Regions, Police Districts or Police Establishments to ,which they are assigned.
( 3) Members of the Police Force (other than Commissioned Officers) shall be distributed by the Commissioner throughout the State in accordance with the requirements . of the service; they are appointed to be in charge of stations or attached to stations or other police establishments or removed from one station or other police establishments to another by the Commissioner.
( 4) Within Police Regions, the Regional Superintendent may, subject to the Rules and the General Instructions, order any member of the Force under his control to do duty temporarily in any part of his Region or go on duty beyond his Region.
(5) Within Police Districts, the District Officer may, subject to the Rules and the General Instructions, order any member of the Force under his control to do duty temporarily in any part of his District or go on duty beyond his District.
9. Regions, Districts and Divisions. (1) Regional Headquarters is the office in a Police Region kept by the Regional Superintendent as
the headquarters of that Police Region.
(2) District headquarters is the office in a Police District kept by the District Officer as the headquarters of that Police District.
( 3) Police Stations are the stations established by the Commissioner at suitable places in each Police District, and may be removed or closed by the Commissioner at any time.
( 4) Police Districts are from time to time subdivided for Police purposes into Police Divisions assigned to particular Police Stations.
The boundaries or areas of such Police Divisions may be altered or re-arranged by the Commissioner from time to time.
10. Conditions of Service. {1) Subject to the Police Act, applicants for appointment as members of the Police Force shall, in the first
instance, be appointed as probationaries.
(2) The following conditions of service shall apply to probationaries and to members of the Police Force:-
( a) a probationary or member of the Police Force shall not, without the prior approval in writing of the Commissioner, engage in any employment other than that of such pro- bationary or member or engage in any trade or business.
The Commissioner shall not give any such approval unless he is satisfied that the engagement in any other employment or, as the case may be, in a trade or business, will not in any way affect or limit the loyalty, ability or zeal of the person concerned as a probationary or member of the Police Force;
(b) a probationary or member of the Police Force shall not make an assignment of his salary for the benefit of any person;
(c) a probationary or member of the Police Force shall faith- fully discharge his financial obligations;
(d) a probationary or member of the Police Force shall serve in any branch of the service in any part of the State to which he may be transferred, and perform fatigue or any other duty as directed;
(e) a probationary or member of the Police Force shall reside within a distance of 40 kilometres of his station and be prepared to tum out to duty at once in cases of emergency;
(f) a probationary or member of the Police Force shall wear the proper uniform at all times when on duty unless otherwise authorised;
(g) a member of the Police Force is admitted for general police duty in the first instance, and may be selected for any particular branch or duty, but is liable, at any time after being so selected, to be returned to general police duty;
(h) no person appointed to be a member of the Police Force shall be capable of holding such office or of acting in any way therein until he has taken and subscribed the oath of office prescribed by section 14 of the Police Act;
(i) every person who is appointed to be a constable is appointed in the first instance for one year only, and during that period he may be discharged by the Commissioner at any time if the Commissioner considers he is unsuitable for any reason whatsoever to continue in the Police Force; ~~ - --- (j) after being sworn in, no member of the Police Force shall
be at liberty to resign his office or withdraw from the duties thereof unless expressly authorised so to do by the Com- missioner, or, unless he shall give to the Commissioner one months' notice in writing of his intention so to resign or withdraw;
(k) a member of the Police Force may hope to rise by activity, intelligence, good conduct, and zeal to any position in the service;
(1) a member of the Police Force is subject to and shall comply with these Rules and the General Instructions, and shall promptly obey all lawful orders from those in authority over him;
(m) a member of the Police Force may be dismissed by the:.
Commissioner upon sufficient proof of unfitness or mis- •.
conduct, or he may on sufficient proof of any breach of discipline be punished by the Commissioner by being disrated, fined a sum not exceeding forty dollars, transferred, or , reprimanded;
(n) on a member of the Police Force leaving the Service ou discharge, lawful resignation or retirement, he shall be entitled, upon request, to receive a certificate of discharge showing the fact of such leaving and the period of service of that member in the Police Force and where such member's conduct has been good and his service satisfactory up to the time he leaves the Force, the certificate of discharge shall state such additional facts;
( o) all expenses incurred by a probationary or member of the Police Force for messing at a police mess, or the like shall be a first charge against his salary, and when such charges are not duly paid by any probationary or member of the Police Force, the amount thereof may be deducted from the salary accruing to him;
(p) an accepted applicant is a probationary until sworn in and may be discharged by the Commissioner without any reason being assigned, and he is not a member of the Police Force until duly sworn in by direction of the Commissioner or a commissioned officer authorised by the Commissioner to give such direction;
( q) in ordinary circumstances a probationary who is required to undergo instruction and training will not be appointed to be a member of the Police Force until a period of at least three months has elapsed after appointment as a pro- bationary, and after that period has elapsed will only be appointed to be a member of the Police Force as vacancies occur;
(r) in order that probationaries may acquire a knowledge of drill and of the duties of a member of the Police Force, and of showing their suitability to be appointed as members of the Police Force, the Commissioner may from time to time assign to the Police Academy such number of pro- bationaries as he thinks fit, and every probationary who is so assigned shall attend at the Police Academy for instruction and training and shall reside at the Police Academy unless otherwise authorised by the Commissioner;
( s) a probationary is subject to and shall comply with these Rules and the General Instructions, insofar as they apply to probationaries, and shall promptly obey all lawful orders from those in authority over him.
11. Savings. (1) Nothing in these Rules applies with respect to the appointment of a Commissioner of Police, Deputy Commissioner of Police, Assistant Commissioner of Police, or other Commissioned Officer.
(2) The provisions of these Rules that are expressed to apply to memoers of the Police Force generally shall, with respect to the
officers referred to in clause ( 1), have application subject to the powers conferred upon the Governor in Council by the Police Act 1937-1978.
12. An application for appointment to the Police Force shall be made to the Commissioner of Police at Brisbane. Applications by persons residing in country districts may be forwarded through the District Officer in the Police District in which the applicant resides, in which case the District Officer shall forward the application to the Commissioner with a report as to the character, qualifications, and general fitness of the applicant for the Police Service.
13. The application for appointment shall be in the handwriting of and signed by the applicant, and in such form and furnishing such particulars and answering such questions as the Commissioner may by General Instructions or otherwise from time to time direct or require.
14. An applicant for appointment shall-
(a) Be nineteen years of age and under the age of forty years;
(b) Undergo a medical examination and be certified medically fit by a Government Medical Officer prior to being accepted;
(c) Be in such a state of physical fitness as to be likely to remain physically fit under all conditions of service until
attaining the age of sixty years;
(d) Have a miriimum chest expansion of 60 millimetres irrespec- tive of chest measurement;
(e) In the case of a male applicant, have a minimum deflated chest measurement of 900 millimetres;
(f) In the case of a male applicant, have a minimum height of 175 em in bare feet and minimum weight of 65 kilogrammes st,ripped;
(g) In the case of a female applicant, be a minimum height of 163 em in bare feet and 52 kilogrammes stripped;
(h) Undergo tests of physical fitness, as the Commissioner may require, prior to induction.
15. An applicant for appointment shall-
(a) have attained a minimum education standard of the Queensland Junior Certificate, with at least 18 points in 5 subjects including at least 4 points in English;
(b) have attained an education standard Tecognised by the Commissioner as the equivalent of that referred to in paragraph (a); or
(c) pass an examination in such subjects as the Commissioner deems necessary in any case where paragraph (a) or (b) is not applicable.
16. Applicants shall produce satisfactory testimonials of character from persons to whom they are personally known and from persons by whom they have been previously employed, and must be favourably reported on by a member of a Police Force. If an applicant has been in any Police or Public Service he shall produce a certificate of good conduct whilst in that service.
17. Every applicant shall furnish proof to the satisfaction of the Commissioner of the date of his birth by producing a duly issued certified copy of entry in a register of births, or a duly issued certificate of the registration of his birth or a baptismal certificate; in exceptional circumstances the Commissioner may accept any other proof which he
deems sufficient: Provided that if the applicant has previously been a member of the Queensland Police Force he need not again prove the date of his birth.
18. An accepted applicant who has previously been a member of the Police Force may be at once appointed and sworn in as a Constable:
Provided that the applicant's previous resignation was not accepted in excess of twelve months prior to his current application for appointment to the Police Force being received at the Recruiting Section of the Office of the Commissioner of Police. If the application is not received within the time specified, then the Commissioner may direct that the applicant shall undertake a period of instruction and training in law and police duties.
19. Any person who is re-appointed to the Force under the pro- visions of Section 37 A of the Police Act and who is thereupon to receive pay or salary at a rate not less than that payable in respect of the rank or grade in the Police Force held by him when retired-
Shall be restored to the rank and seniority in rank which he held at the date of his retirement, unless the Governor in Council or, in the case of a re-appointment by the Commissioner, the Com- missioner otherwise directs; and
If re-appointed as a constable, his previous actual service and the period during which he was receiving superannuation allowance shall be allowed to count in calculating his length of service as a constable for the purpose of ascertaining the rate of pay or salary or allowance to which he may be entitled.
20. ( 1) Where a person who has previously been a member of the Force is appointed to be a member of the Force other than in accordance with the provisions of Section 37 A of the Police Act, he shall not be appointed to any rank above that of Constable of Police and unless the Commissioner in his discretion otherwise directs he shall not be appointed either to the grade of Senior Constable or to the grade
of Constable 1st Class.
(2) Where a person as aforesaid is appointed to any grade of Constable of Police, then for the purposes of seniority and pay or salary in relation to that grade, he shall be given credit for the continuous service which he had immediately prior to leaving the Force if he is appointed within twelve months from the date of his having ceased to be a member of the Force. In every other case credit for continuous service as aforesaid for any of the purposes aforesaid shall be at the discretion of the Commissioner.
21. Applicants for appointment to the Police Force shall be accepted only as probationaries in the first instance, except in the case of a person who has previously been a member of the Police Force and who resigned within a period of twelve months prior to the receipt of that person's application by the Recruiting Section of the Office of the Commissioner.
Such probationaries-
(a) May be directed by the Commissioner to be attached to the Police Academy for instruction and training and may also be directed to reside at the Academy;
(b) Shall undergo such instruction and training for three, months or for such longer period as the Commissioner may direct or authorise;
(c) Shall undergo a second medical examination by a Govern- ment medical officer, to be made immediately prior to being sworn in, and at least three months after the first medical examination;
(d) Shall only be appointed to be constables and sworn in when the Commissioner is satisfied they are fit and proper persons to appoint, and then only as vacancies occur in the ranks of constables;
(e) Shall strictly comply with such of the Rules and General Instructions as may be applicable to them, and must promptly obey all lawful orders given them by those in lawful authority over them, including the doing of fatigue duty;
(f) Until sworn in they are not members of the Police Force and therefore not liable to the punishments by these Rules for misconduct or other offences against discipline; however, any such conduct on the part of a probationary shall be reported to the appropriate Commissioned Officer by the members of the Police Force having charge of probationaries, and every such report shall be transmitted to the Com- missioner who may give such directions in the matter as he thinks fit;
(g) Shall pay all expenses incurred by them for messing or in respect of them for purchase of books or the like, and such expenses shall be a first charge against their respective salaries, and if not paid by them may be deducted from their salaries:
Provided that, in cases of emergency or sudden necessity or of an unusual number of vacancies occurring in the ranks of constables, the Commissioner may appoint to be constables such probationaries as he considers fit and proper persons to be appointed constables notwith- standing that they have not undergone three months' instruction and training and notwithstanding that three months have not elapsed between the first and second medical examination.
22. Every person appointed to be a constable shall be appointed in the first instance without reference to any particular branch or duty or part of the State in which he is to serve.
23. ( 1) Every person who is appointed to be a constable shall be appointed in the first instance for one year only and may, if the Com- missioner considers he is unsuitable, for any reason whatsoever, to continue in the Police Force, be discharged by the Commissioner at any time before the expiration of one year from the day of such person's first appointment as a constable, and without assigning any reason other than that the Commissioner considers he is unsuitable to continue in the Police Force.
(2) Every constable who is not discharged before the expiration of one year from the day of his first appointment shall, without re-appointment, be deemed to be appointed generally and without limit of time, and shall not be liable to be discharged against his own will or dismissed by the Commissioner otherwise than after investigation of a charge of an offence or unfitness as provided by the Act and these Rules.
24. No person shall be deemed to be a fit and proper person to be appointed a sergeant 2nd class, a sergeant 1st class, or a senior sergeant unless and until he has served as a constable in the Police Force of this
State for a sufficient time to prove his fitness for such appointment, and then only in accordance with the Rules relating to promotions.
25. (1) Every member of the Police Force, who is a member on the date of commencement of this Rule, shall be allocated a Registered Number by the Commissioner. Such number shall be allocated to such member on the basis of that member's seniority in the Police Force on that day.
(2) Every person who is appointed to the Police Force after the date of commencement of this Rule shall be allocated a Registered Number by the Commissioner. .These numbers shall be subsequent to the Registered Numbers issued to the members of the Police Force referred to in Clause ( 1), and shall be in consecutive order according to the order in which such members are appointed to the Police Force.
( 3) Every member of the Police Force shall, whilst in uniform, wear his Registered Number in the manner directed from time to time by the Commissioner. Such numbers shall, in respect of constables and until the contrary is shown, be an indication of their relative seniority.
26. ( 1) Notwithstanding anything to the contrary in these Rules, the Commissioner may, in pursuance of any arrangement for temporary exchange of officers, appoint to be a sergeant or a constable any member of the Police Force of any other State of the Commonwealth of Australia or of the Police Forces of New Zealand, who may be sworn in and who shall thereupon be charged with the duties set forth in his oath of office, and shall be a member of the Police Force of this State until his appoint- ment is terminated and may be referred to as an "exchanged officer".
(2) Any such appointment shall be for a limited time, and may be at any time terminated by the Commissioner.
( 3) Any such exchanged officer so appointed shall not be deemed to be in the employment of the Commissioner, and shall not be personally entitled to any pay or allowance from the Commissioner except such as may be provided for by the Authority in whose employment he is.
( 4) Any such exchanged officer so appointed shall not be deemed to be subject to the provisions of these Rules except insofar as he may be . directed by the Authority in whose employment he is.
(5) Any member of the Police Force of this State who is doing duty in pursuance of any such arrangement for the temporary exchange of officers shall be deemed to be continuing in the employment of the Commissioner whilst so doing duty, and shall, until recalled, perform his duty under the superintendence of, and obey all lawful orders of the officers under whom he may be placed.
27. Promotions. (1) Appointments by way of promotion to any rank of Sergeant (other than Sergeant 3rd class) or to any grade of technical or scientific officer (other than a principal technical officer or a principal scientific officer) shall be made by the Commissioner from members of the Police Force who are the holders of the next lowest rank or grade, subject to the following considerations:-
(a) fitness for the duties of the higher rank or grade, including- ( i) a pass in the Police Qualifying Examination for promotion
to the higher rank or grade;
(ii) physical fitness;
(iii) knowledge of the duties required and training; and
(iv) experience and, in particular, capacity for control, direction and superintendence of subordinates;
(b) efficiency, intelligence, zeal and good conduct previously shown in the performance of duty;
(c) willingness to serve in any part of the State; and (d) seniority in rank or grade.
(2) Every member of the Police Force shall be willing to accept promotion and to serve in any part of the State, otherwise he may be passed over.
(3) All other things being equal, the Commissioner. shall, when making by way of promotion any appointment referred to in Clause ( 1), give preference to the member who is senior in rank or grade.
( 4) Any member of the Police Force may be promoted for exceptional bravery or specially meritorious service, irrespective of seniority in rank or grade and without inviting applicatlons therefor, but subject otherwise to fitness for the duties of the higher rank or grade.
( 5) (a) The Commissioner shall, without inviting applications there- for, appoint to the rank of Sergeant 3rd class members of the-Police Force who--
(i) are Senior Constables of Police;
(ii) have completed fifteen years service in the Police Force; and (iii) have qualified for promotion to the rank of Sergeant 2nd
class.
(b) Subject to any award or order of the Industdal Conciliation and Arbitration Commission or other competent tribunal made after the commencement of this Rule, every such appointment shall be without alteration to salary or other conditions of service, and every Sergeant 3rd class shall continue to receive the salary, allowances and other payments payable under the Police Award to a Senior Constable of 15 years service or over.
(c) Where a Senior Constable of Police, who is qualified for promotion to the rank of Sergeant 2nd Class, has completed fifteen years service in the Police Force and his or her name does not within one month of the completion of such period of service appear in the Queens- land Police Gazette as an appointee to the rank of Sergeant 3rd class, such Senior Constable may, by writing addressed to the Commissioner through his or. her District Officer or other appropriate Commissioned Officer, request that inquiry be made into the matter by the Commissioner. Upon being satisfied that the member concerned is eligible to be appointed to the rank of Sergeant 3rd class, the Commissioner shall, as soon as practicable, make the appointment and cause a notification thereof to be made in the Queensland Police Gazette.
(d) An appointment that is duly made to the rank of Sergeant 3rd class shall, for the purposes of Rule 6-
(i) in the case of a Senior Constable who has completed 15 years service or over on the date of commencement of this Rule, be deemed to have been made on that date;
(ii) in the case of a Senior Constable who completes 15 years service on any later date, be deemed to have been made on that later date.
(6) Vacancies in any rank of sergeant (other than sergeant 3rd C1ass) or in any grade of technical or scientific officer (other than a principal technical officer or a principal scientific officer) to which the Commissioner proposes to make appointments by way of promotion (save
such appointments against which there is no appeal under the Police Act) shall be notified in the Queensland Police Gazette before any such appointment is made, and in such notification the Commissioner shall invite applications for the filling of all such vacancies.
(7) When for any reason any vacancy referred to in Clause ( 6) is not filled, then a further notification shall be inserted in the Queens- land Police Gazette cancelling that original notification, so far as it relates to that vacancy, before any further notification is given in respect of the filling of that vacancy.
( 8) Every member of the Force who has passed the Police Quali- fying Examination for promotion to the rank or grade next above his own, and who consequent upon the gazettal of a notification referred to in Clause ( 6) is desirous of obtaining an appointment by way of promotion to the rank or grade next above his own, shall make written application for such appointment.
(9) An appointment by way of promotion referred to in clause (6) shall not be made unless the member of the Force to be so appointed has made written application for such appointment in compliance with this Rule and within the time for the receipt of applications for the appointment stated in, and otherwise in compliance with, the notification in the Queensland Police Gazette inviting applications from members of the Force desirous of obtaining that appointment.
( 10) Every such application for appointment by way of promotion shall be sent by the applicant to the Secretary, Office of the Commissioner of Police, Brisbane. Upon receipt of every such application, the Secretary shall acknowledge by letter receipt of that application.
If an applicant does not receive such an acknowledgment of receipt of his application within a period which would reasonably be required for delivery pf such application and for delivery of such acknowledgment, he shall forthwith advise the Secretary, Office of Commissioner of Police-, of the non-receipt of such acknowledgment.
Where more than one application is forwarded to the Secretary, Office of the Commissioner of Police, in the one envelope, . the applicant shall also enclose in that envelope a report showing the total number of applications forwarded in that envelope and a brief statement of the subject matter of each of those applications.
( 11) Every such appointment by way of promotion shall be made so as to enable appeals against the appointment to be made, heard, and determined under, subject to, and in accordance with the Police Act before the appointment takes effect, and shall be deemed to be made subject to such order as the Governor in Council shall make upon the upholding of any appeal as aforesaid.
(12) For the purpose of enabling compliance with the provisions of this Rule, every such appointment by way of promotion shall be notified in the Queensland Police Gazette and shall be made so as to take effect from a date which will enable notices of appeal against such appointment to be lodged with the Secretary, Office of the Commissioner of Police before that date. In the event of a notice of appeal against such appoint- ment being lodged with the said Secretary in compliance with this Rule, that appointment by way of promotion will not take effect until such appeal has been heard and determined in accordance with the Police Act and an
order in relation thereto has been made by the Governor in Council.
Where an appeal is upheld, such appointment shall, subject to such Order as the. Governor in Council may make, have no force or effect and shall be deemed not to have had any force or effect at any time: Provided always that where an appeal is not upheld, such appointment shall be deemed to have taken effect upon the date upon which it would have taken effect if there had been no appeal against that appointment.
28. (1) The ranks of the Criminal Investigation Branch shall, as vacancies occur or expediency requires, be filled temporarily or otherwise from members of the Police Force selected for their special fitness for the performance of the police duties involved in the enforcement of the criminal law of the State and the other duties from time to time assigned by the Commissioner to the Criminal Investigation Branch.
(2) No member shall be appointed a Detective, in the first instance, until he has completed three years satisfactory service on plain clothes duty at a Police Establishment recognised by the Commissioner as an establishment at which detective duties are performed.
(3) A Detective shall prefix his rank or grade with the title
"Detective" whilst holding such an appointment and performing such duties.
( 4) A member of the Police Force, who has previously been classified as a detective and who is assigned to non-detective duties and later returned to detective duties, shall automatically be re-classified as a detective upon the resumption of detective duties.
29. The Commissioner may require any person under consideration for promotion to furnish a certificate by a Government Medical Officer as to his physical fitness.
30. Members of the Force are prohibited from seeking the influence of any person outside the Police Force for the purpose of obtaining promotion or other advantage in the service; any member shown to have sought any such influence may be refused or delayed any promotion he might otherwise receive.
31. Any member of the Force who thinks his promotion is unduly delayed, or that he has been unduly passed over in appointments to vacancies in a higher rank or grade, may address a report to the Commissioner in which, without questioning the fitness of any member already promoted, he may set forth such facts and make such statements with respect to his own fitness, qualifications, seniority, and the like, as he may desire to bring under consideration of the Commissioner. Any such report shall be forwarded by the member through his District Officer, or other appropriate Commissioned Officer who shall forward it to the Commissioner.
32. The Commissioner may, from time to time, by General Instruc- tions or otherwise,· authorise, direct or require members of the Police Force to undergo qualifying examinations in such subjects and such matters, including general education, knowledge of police duties and procedure, knowledge of the laws under which members of the Force are frequently required to act, rules of evidence, rules of procedure in Courts, and any other matter tending to show fitness for the vacancy to be filled, as he thinks fit.
In relation to Scientific and Technical Officers the Commissioner may require members of the Police Force to undergo qualifying examina- tions determined by him or he may recognise any certificate, diploma or like qualification awarded by some recognised educational institution whether in Queensland or elsewhere.
Any such examination may be conducted in any manner the Commissioner may by General Instruction or otherwise direct or authorise.
GENERAL DUTIES OF THE DIFFERENT RANKS
33. The Commissioner. ( 1) The Commissioner, under the direction of the Minister, is charged with the superintendence of the Police Force of the whole State and is generally responsible for the maintenance of peace and good order throughout the whole State.
(2) He is, subject to the Police Act and Rules, responsible for the organisation, discipline, and efficiency of the Force.
(3) It is his duty, by every lawful means in his power, to cause all under his superintendence to discharge their duties, both to the public and the Government, satisfactorily and efficiently, and in a proper manner.
(4) He may, from time to time, issue such lawful General Instruc- tions as he thinks fit and necessary for the government, superintendence, direction and guidance of members of the Force in the execution of their duties; such General Instructions when given shall remain in force until cancelled, rescinded, amended, or modified by the Commissioner, and all members of the Force shall obey and be governed and guided by such instructions.
(5) He is, under the direction of the Minister, responsible for expenditures made in connection with the Police Force as duly authorised
by Parliamentary appropriation, or Executive authority.
(6) He shall report annually to the Minister on the general state of the Force, its numerical strength, distribution, and general efficiency;
the increase or diminution of crime; the formation and removal of stations; and such other information as he deems necessary or the Minister may from time to time direct or require.
34. The Deputy Commissioner. The Deputy Commissioner shall, subject to the Police Act, exercise and perform all such powers, auth- orities, functions and duties (including such of the powers, authorities, functions and duties of the Commissioner) as the Commissioner may direct either generally or in any special case.
In the event of and during the absence from duty for any reason whatsoever of the Commissioner, or in the event of a vacancy occurring in the office of Commissioner and until a new Commissioner is appointed, the Deputy Commissioner shall act as Commissioner and while he so acts shall have and may exercise all of the powers, functions, authorities and duties of the Commissioner.
Any power, function, authority, or duty of the Commissioner exercised or performed by the Deputy Commissioner shall, until the contrary is proved, be presumed to have been so exercised or performed
lawfully. ·
35. Assistant Commissioner. An Assistant Commissioner shall, subject to the Police Act, exercise all such powers and authorities and perform all such functions and duties (including powers, authorities,
functions and duties of the Commissioner or the Deputy Commissioner) as the . Commissioner may direct either generally or in a particular case.
36. Chief Superintendent. The Chief Superintendent is, subject to the control and authority of the Commissioner, charged with the govern- ment, direction and superintendence of the Police Force generally.
37. Superintendents. ( 1) A Superintendent is, subject to the control and authority of the Commissioner, charged with the government, direction and superintendence of the Police Force stationed within the Police Region, Branch or Police Establishment to which he is assigned.
(2) It is his duty to reside at such place within his Region as the Commissioner may appoint or direct.
(3) It is his duty by every lawful means in his power to cause all members of the Police Force under his direction and superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
38. Inspectors. ( 1) An Inspector is, subject to the control and authority of the Commissioner and his Regional Superintendent, charged with the government, direction and superintendence of the Police Force stationed within the District to which he is assigned, and he is responsible for the peace and good order of his District and for the prevention of crime and bringing of criminals to justice therein:
Provided ·that an Inspector assigned to a particular · Branch or charged with particular duties may be directed to perform his duties under the government, direction and superintendence of some superior officer other than a Regional Superintendent or directly under the super- vision of the Commissioner.
(2) It is his duty by every lawful means in his power to cause all members of the Police Force under his direction and superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
39. Principal Technical Officers. ( 1) A Principal Technical Officer is, subject to the control and authority of the Commissioner, charged with the government, direction, and superintendence of the Technical Officers within the Police Establishment to which he is assigned, and where assigned to a Police District shall be subject to the direction and superintendence of the Inspector for the time being assigned to that District.
(2) It is his duty by every lawful means in his power to cause all members of the Police Force under his direction and superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
40. Principal Scientific Officers. ( 1 ) A Principal Scientific Officer is, subject to the control and authority of the Commissioner, charged with the government, direction and superintendence of the Scientific Officers within the Police Establishment to which he is assigned, and where assigned to a Police District shall be subject to the direction and superintendence of the Inspector for the time being assigned to that District.
(2) It is his duty by every lawful means in his power to cause all members of the Police Force under his direction and superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
41. Sergeants. It is the duty of a Senior Sergeant, Sergeant 1st class, Sergeant 2nd class, or Sergeant 3rd class, by every lawful means in his power, to ·cause all members of the Police Force under his direction or superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
42. Senior Technical Officers. It is the duty of a Senior Technical Officer Grade III, Senior Technical Officer Grade II, or Senior Technical Officer Grade I, by every lawful means in his power, to cause all members of the Police Force under his direction or superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
43. Senior Scientific Officers. It is the duty of a Senior Scientific Officer Grade III, Senior Scientific Officer Grade II, or Senior Scientific Officer Grade I, by every lawful means in his power, to cause all members of the Police Force under his direction or superintendence to discharge their duties satisfactorily and efficiently and in a proper manner.
44. Officers in Charge of Police Stations. ( 1 ) Officers in charge of Police Stations, subject to the control and authority of the Com- missioner and under the government, direction, and superintendence of their District Officers, are responsible for the peace and good order of the Division assigned to their respective stations and for the prevention of crime and bringing of criminals to justice therein.
(2) It is his duty to reside at his station, where practicable and, by every lawful means in his power, to cause all under his control to discharge their duties satisfactorily and efficiently and in a proper manner.
45. Constables. Constables carry out their duties under the direction of their superior officers. When on duty alone they are responsible for the due performance of such duty as they may be required to perform.
46. Technical Officers. A Technical Officer shall carry out his duties under the direction of his superior officers. When on duty alone he is responsible for the due performance of such duty as he is required to perform.
47. Scientific Officers. A Scientific Officer shall carry out his duties under the direction of his superior officers. When on duty alone he is responsible for the due performance of such duty as he may be required to perform.
48. All Raaks. ( 1) Every member of the Police Force shall serve in any branch of the Force and in any part of the State at any time that he may be directed by the Commissioner or any commissioned
officer duly authorised in that behalf.
(2) Every member of the Police Force attached to a station shall reside within 40 kilometres of his station and be prepared to turn out to duty at once in cases of emergency.
(3) No member of the Police Force shall, without permission leave his place of duty or the locality in which he is performing his duty unless in the necessary course of the performance of his duties.
( 4) It is the duty of every member of the Police Force at all times to preserve and protect and to prevent the loss, misuse or damage of any Government property used or issued or supplied or procured for use in connection with the Police Service; any member of the Police
· Force through whose wilful act or neglect any such property is lost,
wasted or damaged/shall be liable to pay the value thereof to the Commissioner, as well as being liable to any punishment which may be imposed for a breach of discipline.
(5) No member of the Forceshall receive or derive any pecuniary or other benefit or advantage from any public contract, or from any purchase made by himself or others on behalf of the Government.
49. Every member of the Force shall promptly obey all lawful orders given by a superior officer.
50. Every member of the Force shall, under the direction and superintendence of his superior officers, strictly comply with, obey, carry out, and be guided by all General Instructions and directions issued or given from time to time by the Commissioner.
51. When members of the Force are engaged on duty together, responsibility rests upon the senior member of the Force present; the senior in rank or grade shall be responsible for the duty jointly done, and the juniors in rank or grade shall comply with his direction irrespec- tive of whether they belong to the same district, division, station, or branch:
Provided that the Commissioner or a Commissioned Officer may with respect to members of the Force under his direction and super- intendence, specially or generally authorise or direct that any member of the Force shall be responsible for such duty, in which case the other members of the Force present shall act under the direction of the member so specially or generally authorised or directed.
52. In the absence of any member of the Force his responsibilities and duties shall, unless it is otherwise expressly authorised or directed, devolve upon and be performed by the member next in rank or grade.
53. Every member of the Force shall co-operate with and afford all information and assistance in his power to other members of the Force in the performance of their duty.
54. Every member of the Force shall give such assistance to officers of the Public Service, whether of the State or the Commonwealth, as the Commissioner may from time to time by General Instruction or otherwise direct or authorise.
55. (1) No member of the Force shall keep on Police premises any poultry, cows, horses, goats, pigs, or other animals otherwise than as authorised by the Commissioner by General Instructions or otherwise:
Provided that this Rule shall not apply to animals which come into possession of any 'member of the Force in course of his duty.
(2) No member of the Force shall own or have any interest in a race horse or coursing dog or any horse or dog respectively intended for
racing or coursing. ·
56. A member of the Police Force or probationary shall not- (a) unlawfully supply to any person any confidential information
received by him in connection with his duties;
(b) unlawfully supply to any person any confidential document brought into existence for the proper administration of the Police Force.
57. Every member of the Force shall wear such uniform and at such time and under such circumstances as the Commissioner may from time to time by General Instruction or otherwise direct or require.
58. No member of the Force shall contract any debts or liabilities which he is unable to pay, or neglect or refuse to discharge honourably and promptly all indebtedness, lawful claims, and judgments against him.
59. Any member of the Force who so embarrasses himself by incurring pecuniary liabilities that he is, or is likely to be, impeded in the discharge of his duties shall be liable to be dismissed for unfitness.
60. Any member of the Force who at any time when on duty, or at any time when it is the time for him to go on duty, is found under the influence of liquor to such an extent as to affect his actions, speech, or conversation, or to be likely to affect his judgment or actions, shall be guilty of misconduct.
61. ( 1) Subject to this Rule, members of the Police Force shall not combine for any purpose or in any association or other body of persons, whether incorporated or not.
(2) Members of the Police Force may combine in any duly registered industrial union of employees under the Industrial Conciliation and Arbitration Act 1961-1976.
(3) Members of the Police Force may combine, whether amongst themselves ·or in association with other persons, in any association or other body of persons having objects that are not contrary to law, except where the Commissioner with the approval of the Minister has directed that members of the Police Force shall not be or continue to be members of a particular association or other body of persons.
62. No member of the Police Force shall manifest any political or sectarian proclivity or partisanship in the discharge of his duty.
63. (1) No member of the Police Force or probationary shall, except in accordance with the General Instructions, give to any person connected with the media any information whatsoever in relation to the performance of his duty or any police matter.
(2) No member of the Police Force or probationary shall act as a correspondent for the media.
64. No member of the Police Force shall write or cause to be written to the Commissioner or the Minister or any member of Parlia- ment or other person any anonymous letter relating to any other member of the Force or any police matter.
65. A member of the Police Force who habitually quarrels with other members of the Force or with other persons shall be guilty of an offence against discipline.
66. ( 1) A member of· the Police Force who intends to marry shall, not later than six weeks before the proposed date of his or her marriage, notify the Commissioner in writing of the name, occupation and place of employment of his or her intended spouse.
(2) A male member of the Police Force, and a female member who is continued as a member of the Police Force after her marriage, shall produce to the Commissioner for record purposes a marriage
