This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 February 2008, amend the Police Regulations 1992, so as to—
Section 12(1) of the Police Act 1958—
•provides for the Commissioner of Police to appoint
“one or more persons” to inquire into alleged misconduct or neglect of duty by a sworn member of the Police, and to report back to the Commissioner on the matter; and
•requires the person or persons holding the inquiry to follow the procedure prescribed in regulations.
Previously the regulations provided for inquiries to be something in the nature of a prosecution, held before a
There was no equivalent procedure for non-sworn members of the Police.
Amendments effected by these regulations put in place a single new system for dealing with alleged misconduct by members of the Police, whether sworn or non-sworn. (For the purposes of this system, neglect of duty will be dealt with as a form of misconduct.)
If, after preliminary investigation of the conduct of a member, the Commissioner is of the view that the conduct should be investigated, the Commissioner will decide whether the conduct—
A disciplinary hearing will be undertaken by one or more people selected by the Commissioner from a panel appointed after consultation with the relevant unions or service organisations.
The person or people undertaking the hearing will reach findings on the basis of the evidence available (and any admissions), and report them to the Commissioner.
If, in the light of the findings, the Commissioner is satisfied that conduct is misconduct, a penalty (which may be dismissal if the misconduct meets the criteria for dismissal stated in the Police Act 1958) may be imposed.