Police (Amendment) Regulations 2000

i Police (Amendment) Regulations 2000 S.R. No. 23/2000 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Principal Regulations 2 5. Amendment of objective 2 6. Amendment of heading to Part 6 2 7. Expenses 2 8. Requirements for an appeal 2 9. Effective date of lodgement 2 10. Action to be taken after lodgement of an appeal 2 11. Pre-hearing procedures 3 12. New regulation substituted 3 606. Appearances in an appeal 3 13. Procedures 4 14. Extension of time 4 15. Decision of the Police Review Commission 4 16. New heading to Division 3 of Part 6 4 17. Requirements for a review 4 18. Effective date of lodgement 5 19. Action to be taken after lodgement of an application for review 5 20. Pre-hearing procedures 5 21. New regulation 614 substituted and regulations 614A and 614B inserted 6 614. Chief Commissioner entitled to representation in reviews 6 614A. Notice of intention to adduce certain evidence before the Appeals Board 6 614B. Compelling certain witnesses to appear before the Appeals Board 6 22. Revocation 7 23. New regulation 616 substituted 7 616. Decision of Appeals Board 7 24. Extension of time 7 25. Travelling expenses 7 ═══════════════ NOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2000 S.R. No. 23/2000 Police Regulation Act 1958 Police (Amendment) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 28 March 2000 Responsible Minister: ANDRÉ HAERMEYER Minister for Police and Emergency Services STACEY ROBERTSON Acting Clerk of the Executive Council 1. Objectives The main objectives of these Regulations are to amend the Police Regulations 1992 to— (a) make consequential amendments to Part 6 as a result of the abolition of the Police Review Commission and the establishment of the Police Appeals Board; and (b) set out the requirements for notices of intention to adduce certain evidence and applications for leave to call certain witnesses in reviews under Division 1 of Part IV of the Police Regulation Act 1958; and (c) revoke prescribed travelling expenses. 2. Authorising provision These Regulations are made under section 130 of the Police Regulation Act 1958. -- 2 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 2 3. Commencement These Regulations come into operation on 2 April 2000. 4. Principal Regulations In these Regulations, the Police Regulations 19921 are called the Principal Regulations. 5. Amendment of objective In regulation 102 of the Principal Regulations, for "Review Commission" substitute "Appeals Board". 6. Amendment of heading to Part 6 In the heading to Part 6 of the Principal Regulations, for "REVIEW COMMISSION" substitute "APPEALS BOARD". 7. Expenses In regulation 601 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board". 8. Requirements for an appeal In regulation 602 of the Principal Regulations— (a) in sub-regulation (1)(b), for "Police Review Commission" substitute "Appeals Board"; (b) in sub-regulation (2), for "Commission" substitute "Appeals Board". 9. Effective date of lodgement In regulation 603 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board". 10. Action to be taken after lodgement of an appeal r. 3 -- 3 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 3 In regulation 604 of the Principal Regulations— (a) in sub-regulation (2), for "Police Review Commission" substitute "Appeals Board"; (b) in sub-regulation (3), for "Commission" substitute "Appeals Board". 11. Pre-hearing procedures (1) In regulation 605(1) of the Principal Regulations— (a) for "Police Review Commission" substitute "Appeals Board"; (b) in paragraph (b), omit "and a statement of the experience of the person selected for promotion or transfer". (2) In regulation 605(2) and (3) of the Principal Regulations, for "Commission" substitute "Appeals Board". 12. New regulation substituted For regulation 606 of the Principal Regulations substitute— "606. Appearances in an appeal At the hearing of an appeal before the Appeals Board— (a) the Appeals Board must permit a representative of the Chief Commissioner, other than a legal practitioner, to be present at all times when an appellant or any person selected for promotion or transfer is addressing the Appeals Board and may permit that representative to address it; and (b) the person selected for promotion or transfer is entitled to appear before the -- 4 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 4 Appeals Board for the purposes of addressing it in support of the promotion or transfer; and (c) the person selected for promotion or transfer is not entitled to be represented before the Appeals Board.". 13. Procedures In regulation 607 of the Principal Regulations— (a) in sub-regulation (1), for "Police Review Commission" substitute "Appeals Board"; (b) in sub-regulation (3), for "Commission" substitute "Appeals Board"; (c) sub-regulation (4) is revoked. 14. Extension of time In regulation 608 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board". 15. Decision of the Police Review Commission In regulation 609 of the Principal Regulations, for "Commission" substitute "Appeals Board". 16. New heading to Division 3 of Part 6 For the heading to Division 3 of Part 6 of the Principal Regulations substitute— "Division 3—Reviews by the Appeals Board under Division 1 of Part IV or Section 91F of the Act". 17. Requirements for a review In regulation 610 of the Principal Regulations— r. 13 -- 5 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 5 (a) after "under" insert "Division 1 of Part IV or"; (b) in paragraph (b)— (i) for "Police Review Commission" substitute "Appeals Board"; (ii) for "tenth" substitute "14th". 18. Effective date of lodgement In regulation 611 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board". 19. Action to be taken after lodgement of an application for review (1) In regulation 612 of the Principal Regulations, for sub-regulation (1) substitute— "(1) As soon as practicable after an application for review has been lodged, the Appeals Board must advise the Chief Commissioner of the application and the name of the applicant.". (2) In regulation 612(2) and (3) of the Principal Regulations— (a) for "Commission" substitute "Appeals Board"; (b) for "member" substitute "applicant". 20. Pre-hearing procedures (1) In regulation 613(1) of the Principal Regulations— (a) for "The Chief Commissioner" substitute "Subject to section 68E of the Act, the Chief Commissioner"; (b) for "Police Review Commission" substitute "Appeals Board"; -- 6 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 6 (c) for "the Commission" (wherever occurring) substitute "the Appeals Board". (2) In regulation 613(2) of the Principal Regulations— (a) for "The applicant" substitute "Subject to section 68E of the Act, the applicant"; (b) for "Commission" (wherever occurring) substitute "Appeals Board". 21. New regulation 614 substituted and regulations 614A and 614B inserted For Regulation 614 of the Principal Regulations substitute— "614. Chief Commissioner entitled to representation in reviews At the hearing of a review under this Division the Appeals Board must permit a representative of the Chief Commissioner, other than a legal practitioner, to be present at all times when an applicant is addressing the Appeals Board and may permit that representative to address it. 614A. Notice of intention to adduce certain evidence before the Appeals Board A notice of intention under section 68E(3)(a) of the Act must— (a) be in writing; and (b) state the reasons why the Appeals Board should give leave. 614B. Compelling certain witnesses to appear before the Appeals Board r. 21 -- 7 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 7 An application under section 68F(1) of the Act to the Appeals Board for leave must— (a) be in writing; and (b) state the name of the witness to be summoned to attend to give evidence or to produce documents; and (c) if the witness is to be summoned to attend to produce documents, contain a description of the documents to be produced; and (d) state the extraordinary grounds that the applicant considers exist that warrant leave being given.". 22. Revocation Regulation 615 of the Principal Regulations is revoked. 23. New regulation 616 substituted For Regulation 616 of the Principal Regulations substitute— "616. Decision of Appeals Board The Appeals Board must report its decision on a review to the Chief Commissioner and to the applicant.". 24. Extension of time In Regulation 617 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board". 25. Travelling expenses Part 9 of the Principal Regulations is revoked. ═══════════════ r. 22 -- 8 of 9 -- S.R. No. 23/2000 Police (Amendment) Regulations 2000 8 NOTES 1 Reg 4: S.R. No. 118/1992. Reprint No. 2 as at 23 October 1997. Further amended by S.R. No. 101/1999. Notes -- 9 of 9 --