Police Legislation Amendment (Special Constables) Bill 2013

The Police Legislation Amendment (Special Constables) Act 2013 has been assented, paving the way for the last of the reforms governing the special constable arrangements in New South Wales. Special constables are officers who perform law enforcement, security and other associated duties for a number of agencies including local government council law enforcement, and animal welfare organisations such as the RSPCA. Also included are officers within the NSW Police Force, such as officers for the Security Management Unit, the Police Band and the Special Services Group.

The role of special constable was originally created to heighten police power during times of unrest and when the NSW Police Force was in its early development period. While the applicable legislation has stayed virtually the same, over time duties have changed considerably. Consequently, laws covering the office of special constable are out dated and out of touch with modern society. The issue of the interaction of special constables’ powers and provisions of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), has also been raised. The new Act will deal with these, and other issues.

The Act

Schedule 1 - Covers special constables employed by the NSW Police Force

Key Features in Schedule 1:

• Creates a more consistent management framework across all the areas in which the NSW Police Force special constables are employed by providing for the Commissioner of Police to be able to appoint a person to the position of non-executive administrative officer (special constable). At present, special constables are employed under a number of different acts, depending on the type of special constable. 
• Provides for appeal rights to special constables in the New South Wales Industrial Relations Commission and brings all NSW Police Force special constables within the scope of the Police Integrity Commission by formalising the Commissioner of Police as the employer of NSW Police Force special constables for industrial purposes.
• Clarifies that the Commissioner of Police may confer special constables powers of a police officer of the rank of constable that are essential to the changing roles of special constables within the NSW Police Force.
  Removes special constable status for the Police Band, however,  members  will still be able to wear the police uniform by authorisation of the Commissioner of Police.
• Implements a requirement for NSW Police Force special constables will to be subject to drug and alcohol testing, gunshot residue testing and integrity testing. Under the current NSW Police Force Drug and Alcohol Policy special constables are required to understand and comply with its requirements but are not tested.
     

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