Section 20 of the Police Act 1998 runs from paragraph (a) to paragraph (az). It is the longest provision in the Act.
Section 18 — who Part IV applies to
(a) members of the Regular Constabulary Branch; and
(b) members of the Community Auxiliary Police; and
(c) persons who are not members of the Force but are undergoing training under section 6; and
(d) members of the Reserve Constabulary Branch, while acting or purporting to act as such; and
(e) Special Constables, while acting or purporting to act as such.
Trainees are covered. A person not yet a member, accepted for training under section 6, is within Part IV — and section 6(6) applies sections 20 to 27 to them as if they were a member of the Regular Constabulary.
Reservists and Special Constables are covered only when acting. The words “while acting or purporting to act as such” confine the discipline code to their periods of service. A Regular Constabulary member, by contrast, is subject to it at all times — which is why paragraph (ag) can prohibit outside employment and paragraph (as) can regulate domestic arrangements.
The offences, grouped
| Subject | Paragraphs | Examples |
|---|---|---|
| Orders and duty | (a)–(e), (i) | Disobeying a Standing or Special Order or a lawful order; failing to carry out a duty; absence or lateness; leaving the place of duty |
| Conduct on duty | (f)–(h), (l), (m) | Smoking in uniform in a public place; chewing betel nut; idling or sleeping; being improperly dressed or untidy |
| Alcohol and drugs | (k), (al), (am) | Consuming or receiving liquor or drugs on duty; being unfit through alcohol or drugs; a supervisor failing to suspend an unfit subordinate |
| Use of police powers | (n)–(p), (u) | Unreasonable arrest or search; discharging a firearm without good and sufficient cause; unnecessary force; carelessly permitting a prisoner to escape |
| Conduct to others | (d), (j), (q), (r), (s), (at) | Insubordination; acting offensively to the public; oppressive or abusive behaviour to a member; assault; false complaints; sexual harassment |
| Records and honesty | (v)–(aa) | False or inaccurate entries; failing to record or report; failing to disclose relevant evidence on a criminal charge; destroying or altering official records |
| Information | (ab) | Communicating information obtained as a member, or publicly commenting on the administration of the Force, without consent |
| Integrity and corruption | (ac)–(af), (ah), (aq), (ar) | Seeking influence for advancement; soliciting or receiving a gratuity; placing oneself under obligation; improper use of office; lending to or borrowing from members; misappropriating property; failing to account |
| Outside activity | (ag), (ax) | Regular Constabulary only — outside trade or employment without consent; standing for election or displaying political favouritism |
| Supervision and property | (t), (aj), (ak) | Failing to supervise; failing to report loss of Force property; using Government property for private purposes |
| Catch-alls | (au), (an), (ay), (az) | Any other breach of the Act; aiding or abetting; misconduct that may be a criminal offence; conduct prejudicial to good order and discipline or discrediting the Force |
Section 20(2) — sexual harassment defined
(a) subjects the member to behaviour that is embarrassing, unwelcome or offensive and which is either repeated or of such a significant nature that it has a detrimental effect on that member’s employment, job performance or job satisfaction; or
(b) makes a request for sexual intercourse, sexual contact or other sexual activity containing —
(i) an implied or overt promise of preferential treatment; or
(ii) an implied or overt threat of detrimental treatment; or
(iii) an implied or overt threat about the future employment status of that member.
Paragraph (a) covers a hostile environment — behaviour either repeated or significant enough on a single occasion to have a detrimental effect. Paragraph (b) covers the quid pro quo case.
Note the limit: subsection (2) speaks of harassment of a member. Harassment of a member of the public would fall under paragraph (j) — acting offensively towards a member of the public — or under the catch-all in paragraph (az). Online conduct may separately engage section 23 of the Cybercrime Code Act 2016.
Section 20(3) — the exceptions for gifts
Paragraph (ad) makes it an offence to solicit or receive a fee, gratuity, present, benefit, subscription, reward or testimonial without the Commissioner’s consent. Section 20(3) creates three exceptions:
- With the Commissioner’s consent, a public testimonial on retirement from the Force or on removal from a locality;
- With the Commissioner’s consent, a presentation from fellow members or from an industrial organisation within the meaning of the Industrial Organization Act (Chapter 173);
- For a member of the Community Auxiliary Police, a lawful honorarium or allowance — necessary because those members are volunteers under section 129.
The Industrial Organization Act (Chapter 173) is not currently available on PacLII, so no link is given here.
Paragraph (az)
Paragraph (az) makes it an offence to act “in any manner, whether by word, conduct or omission, which is prejudicial to good order and discipline in the Force, or which reflects discredit on the Force”.
It covers conduct off duty and outside the enumerated paragraphs. Together with paragraph (au) — any breach of the Act not otherwise referred to — and paragraph (ay) — misconduct that may be a criminal offence, not being a purely indictable offence — it means that section 20 has no real gaps.
The exclusion of purely indictable offences from paragraph (ay) matters: serious crime is dealt with under sections 32 to 34, not as a disciplinary matter.
An offence under section 20 is dealt with either as a minor offence under section 21 or as a serious offence under section 23.
Sources
- Police Act 1998 — ss 6, 18–21, 23, 32–34, 129, 136, 153
- Cybercrime Code Act 2016; Industrial Organization Act (Chapter 173)
Before relying on anything here, read the current text of the Police Act 1998 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.