POLICE REGULATION (APPEALS) AMENDMENT ACT, 1984, No. 82

JJeto £>outi) Males;

ELIZABETHS H
Act No. 82, 1984.

REGINJE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

An Act to amend the Police Regulation (Appeals) Act, 1923, with respect to appointments to the rank of inspector (of any grade) in the police force. [Assented to, 27th June, 1984.]

Act No. 82, 1984. Police Regulation (Appeals) Amendment.

2

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-- Short title. 1. This Act may be cited as the "Police Regulation (Appeals) Amendment Act, 1984". Commencement. 2. Act. (1) Sections 1 and 2 shall commence on the date of assent to this

(2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (2) of the Police Regulation (Promotions) Amendment Act, 1984. Amendment of Act No. 33, 1923. 3. The Police Regulation (Appeals) Act, 1923, is amended in the manner set forth in Schedule 1.

SCHEDULE 1. (Sec. 3.)
AMENDMENTS TO THE POLICE REGULATION (APPEALS) A C T , 1923.

(1) Section 2 A -- Omit "and the Commissioner shall be deemed to be the employer, within the meaning of that Act, of that member.", insert instead:-- and-- (a) in the case of an appeal under section 3 (1) or 4 ( 1 ) -- the Commissioner; or

3

Act No. 82, 1984. Police Regulation (Appeals) Amendment.

SCHEDULE 1--continued.
AMENDMENTS TO THE POLICE REGULATION (APPEALS)

ACT, 1923--continued. (b) in the case of an appeal under section 5A (1)--the Police Board, shall be deemed to be the employer, within the meaning of that Act, of that member. (2) Section 4 ( 1 ) -- Omit "5AA, 5A,". (3) Section 5 A -- After section 5, insert:-- Appeal against decision to recommend appointment of inspector. 5A. (1) Where, under section 7 (2) (g) of the Police Board Act, 1983, the Police Board recommends the appointment of a member of the police force to the rank of inspector of any grade, any other member of the police force who was an applicant for the appointment may, subject to this section, appeal to the Tribunal against the decision of the Police Board to make the recommendation. (2) The only ground upon which an appeal may be made under subsection (1) is that the merit of the appellant, within the meaning of section 7A of the Police Board Act, 1983, is greater than that of the member of the police force to whom the decision appealed against relates. (3) Subject to subsection (4), the provisions of-- (a) Division 3 of Part III of the Government and Related Employees Appeal Tribunal Act, 1980; (b) Part IV of that Act, sections 35, 36 and 38 excepted; and (c) Parts V and VI of that Act, apply to and in respect of an appeal under subsection (1) in the same way as they apply to and in respect of an appeal under section 20 of that Act.

Act No. 82, 1984. Police Regulation (Appeals) SCHEDULE Amendment.

4

I--continued.

AMENDMENTS TO THE POLICE REGULATION (APPEALS)

ACT, 1923--continued. (4) For the purpose of subsection (3), the provisions of the Government and Related Employees Appeal Tribunal Act, 1980, applied by that subsection shall be construed as if-- (a) references therein to an employee were references to a member of the police force; (b) references therein to an employer were references to the Police Board; (c) references in sections 29 and 30 of that Act to section 19 (3) of that Act were references to section 7A (4) of the Police Board Act, 1983; (d) section 34 of that Act had been amended by omitting the words "may be formal or" and by inserting instead the words "shall be"; and (e) section 48 (3) of that Act had been amended by omitting the words "and shall be given effect to by the employer against whose decision the appeal was brought".