Police Service Act 2009
POLICE SERVICE ACT 2009
Police Service Act 2009 Arrangement of Sections
Act No. 13 of 2009 Page 3
POLICE SERVICE ACT 2009
Arrangement of Sections
Section
CHAPTER 1 PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Commencement ..................................................................................................... 7
3 Purpose of this Act ................................................................................................. 7
4 This Act binds the Crown ...................................................................................... 7
5 Definitions ............................................................................................................. 8
CHAPTER 2 ADMINISTRATION OF THE POLICE SERVICE 9
PART 2.1 THE POLICE SERVICE 9
6 Membership of the police service .......................................................................... 9
7 Mission of the police service ............................................................................... 10
8 Responsibilities of the police service ................................................................... 10
9 Values of the police service ................................................................................. 11
10 Police officers must be familiar with legislation ................................................. 11
PART 2.2 THE COMMISSIONER OF POLICE 11
11 Commissioner’s duties ......................................................................................... 11
12 Commissioner’s powers ....................................................................................... 12
13 Commissioner’s directions................................................................................... 13
14 Commissioner has overall command ................................................................... 14
15 Command at a police station ................................................................................ 14
16 Command at incidents ......................................................................................... 14
17 Commissioner’s official stamp ............................................................................ 14
PART 2.3 OTHER MEMBERS OF THE POLICE SERVICE 15
18 Appointing commissioned officers ...................................................................... 15
19 Appointing non-commissioned officers ............................................................... 15
20 Appointing special constables .............................................................................. 15
Arrangement of Sections Police Service Act 2009
Page 4 Act No. 13 of 2009
21 Appointments to be based on merit of applicants ................................................ 16
22 Appointment on probation ................................................................................... 17
23 Appointment on part-time basis ........................................................................... 18
24 Appointment excludes other paid employment .................................................... 18
25 Oath or affirmation of office ................................................................................ 18
26 Exercise of powers ............................................................................................... 18
27 Identity cards ........................................................................................................ 18
28 Supplying police officer’s identity details............................................................ 19
29 Purpose of Division 2.3.3 ..................................................................................... 19
30 Relevant information that is to be disclosed ........................................................ 20
31 Disclosure by persons seeking to be engaged by the police service .................... 21
32 Disclosure by persons already engaged by the police service .............................. 21
33 Commissioner may request information from other agencies .............................. 21
34 Prosecutor to notify Commissioner about convictions ......................................... 21
35 Statutory declaration as to criminal or corrupt conduct ....................................... 22
36 Fingerprinting of applicants ................................................................................. 22
37 Assessment of suitability ...................................................................................... 23
38 Person to be advised if he or she is not suitable ................................................... 23
39 Confidentiality of relevant information ................................................................ 24
40 Purpose of Division 2.3.4 ..................................................................................... 25
41 Duty not to be impaired by alcohol or drugs ........................................................ 25
42 What happens if a member is impaired by alcohol or drugs ................................ 26
43 Integrity testing of police officers ........................................................................ 27
44 Decision to transfer police officers ...................................................................... 28
PART 2.4 DISMISSAL AND DISCIPLINARY CONTROL 28
45 Purpose of Division 2.4.1 ..................................................................................... 28
46 Breaches of discipline .......................................................................................... 29
47 Types of penalties................................................................................................. 30
48 Order to appear before a disciplinary board ......................................................... 30
49 Establishing a disciplinary board ......................................................................... 30
50 Proceedings before a disciplinary board .............................................................. 31
51 Suspension of penalty........................................................................................... 33
52 Commissioner’s review of disciplinary board’s decision .................................... 33
53 Complaints of police misconduct ......................................................................... 34
54 Duty to report offences by other police officers ................................................... 34
55 Payment of fines into the Police Fund ................................................................. 35
56 Power to suspend and stand down ........................................................................ 35
57 Salary and allowances while suspended ............................................................... 36
58 Salary and allowances while stood down ............................................................. 36
59 Officer relieved of powers and duties while suspended or stood down ............... 36
60 Unfitness for duty on medical grounds ................................................................ 37
PART 2.5 DISCLOSURE OF INFORMATION 38
61 Improper disclosure of confidential information .................................................. 38
62 Disclosure of information authorised by the Commissioner ................................ 38
Police Service Act 2009 Arrangement of Sections
Act No. 13 of 2009 Page 5
CHAPTER 3 LEGAL PROCEEDINGS 39
63 Appeal from certain decisions of the Commissioner ........................................... 39
64 Service and production of documents .................................................................. 39
65 Proceedings for offences against this Act ............................................................ 39
66 Statements in complaints ..................................................................................... 40
67 Representation of police officers in court ............................................................ 40
68 Proof of appointment ........................................................................................... 41
69 Ownership of police property .............................................................................. 41
70 Liability for acts under a warrant ......................................................................... 41
71 Liability for reports .............................................................................................. 41
72 Liability for torts .................................................................................................. 42
73 Commissioner may provide legal representation ................................................. 43
CHAPTER 4 OFFENCES 43
74 Impersonation of a member of the police service ................................................ 43
75 Entertaining etc police officers ............................................................................ 43
76 Bribery or corruption of members of the police service ...................................... 44
77 False representations causing police investigations ............................................. 45
78 Trespassing on police property ............................................................................ 45
79 Unlawful possession of police property ............................................................... 46
80 Prohibited use of words suggesting association with police ................................ 46
81 Striking or otherwise withdrawing service .......................................................... 47
82 Mutiny and riots ................................................................................................... 47
CHAPTER 5 MISCELLANEOUS PROVISIONS 48
83 War or other states of public emergency ............................................................. 48
84 Fires or other emergencies ................................................................................... 48
85 Service overseas ................................................................................................... 49
86 Performance appraisal .......................................................................................... 49
87 Resignation .......................................................................................................... 50
88 Ranks of police officers ....................................................................................... 50
89 Police associations ............................................................................................... 50
90 Payment during imprisonment or absence without leave .................................... 50
91 Continuous service as a police officer ................................................................. 51
92 Awards ................................................................................................................. 51
93 Police stations ...................................................................................................... 52
94 Uniforms and other police property issued to police officers .............................. 52
95 Charges for extraordinary police services ............................................................ 52
96 Fine units.............................................................................................................. 53
97 Annual report ....................................................................................................... 53
98 Regulations .......................................................................................................... 53
CHAPTER 6 TRANSITION FROM POLICE ORDINANCE 54
99 Definition for this Chapter ................................................................................... 54
100 Continuation of appointments .............................................................................. 54
Arrangement of Sections Police Service Act 2009
Page 6 Act No. 13 of 2009
101 Continuation of oath or affirmation...................................................................... 54
102 Police stations ....................................................................................................... 54
103 Police Fund ........................................................................................................... 55
104 Actions and decisions ........................................................................................... 55
105 Proceedings for offences ...................................................................................... 55
106 References to ranks under the Police Ordinance .................................................. 55
107 Reference to the Police Ordinance ....................................................................... 56
CHAPTER 7 REPEAL 56
108 Police Act repealed............................................................................................... 56
Police Service Act 2009 Section 1
Act No. 13 of 2009 Page 7
POLICE SERVICE ACT 2009
Act No. 13 of 2009
AN ACT TO PROVIDE FOR THE ORGANISATION AND DISCIPLINE OF
THE TUVALU POLICE AND OF SPECIAL CONSTABLES, AND FOR
INCIDENTAL MATTERS
ENACTED BY THE PARLIAMENT OF TUVALU
30th November, 2009
Commencement [3rd December, 2009]
CHAPTER 1 PRELIMINARY
1 Short title
This Act is the Police Service Act 2009.
2 Commencement
This Act commences on the date of publication.
3 Purpose of this Act
The purpose of this Act is to provide for the administration of the police service.
4 This Act binds the Crown
This Act binds the Crown.
Section 5 Police Service Act 2009
Page 8 Act No. 13 of 2009
5 Definitions
In this Act, unless the contrary intention appears:
“administrative staff member” has the meaning given by section 6.
“child” means a person under 18 years.
“commissioned officer” means a police officer who holds or is acting in an office in
the police service of Inspector or above.
“Commissioner” means the Commissioner of Police.
“Commissioner’s duties” are set out in section 11.
“dangerous drug” has the meaning given in section 2 (Interpretation) of the
Dangerous Drugs Act.
“death in custody” means the death of a person when the person was:
(a) being lawfully detained by a police officer; or
(b) escaping, or trying to escape, from lawful detention by a police officer;
or
(c) trying to avoid being put into lawful detention by a police officer.
“dismiss”, when used in relation to a member of the police service, includes
removing the member from the police service.
“fine unit” has the meaning given in section 96.
“foreign integrity-checking agency” means an agency of another country that has
obligations that include an obligation under the laws of that country to assess the
integrity of persons employed or engaged by the government of that country.
“foreign law enforcement agency” means
(a) an agency of another country that has obligations under the laws of that
country that include law enforcement; or
(b) a regional body that has functions that relate to law enforcement.
“industrial award” means an award of a tribunal under the Industrial Relations
Code 1974.
“member of the police service” has the meaning given by section 6.
“Minister” means the Minister responsible for the police service.
“non-commissioned officer” means a police officer who holds or is acting in an
office in the police service below the rank of Inspector.
“officer in charge”, of a place, means:
(a) the police officer appointed by the Commissioner to be in charge of the
members of the police service stationed at the place; or
Police Service Act 2009 Section 6
Act No. 13 of 2009 Page 9
(b) if the Commissioner has not appointed a police officer to be in charge,
the highest-ranking police officer stationed in the district in which the
place is situated; or
(c) if there are no police officers stationed in the district in which the place
is situated, the highest-ranking administrative officer stationed in the
district.
“Penal Code” means the Penal Code that commenced on 18 October 1965.
“police officer” has the meaning given by section 6.
“police service” means the Tuvalu Police established in the Constitution.
“special constable” means a person who holds an appointment as a special
constable under section 20.
“transport law” means any law dealing with transport, including:
(a) section 233 of the Penal Code (Endangering safety of persons travelling
by aircraft, vehicle or vessel);
(b) Aerodromes and Air Navigation Aids Act;
(c) Civil Aviation Act 1949;
(d) Harbours Act;
(e) Lagoon Shipping Act;
(f) Merchant Shipping Act;
(g) Traffic Act 1983;
(h) any other law prescribed by the regulations.
“vehicle” includes a vessel.
“volunteer” means a person who the Commissioner appoints to perform duties for
the police service on an unpaid voluntary basis.
CHAPTER 2 ADMINISTRATION OF THE POLICE
SERVICE
PART 2.1 THE POLICE SERVICE
6 Membership of the police service
(1) The following persons are members of the police service:
(a) police officers;
(b) police recruits;
(c) administrative staff members.
(2) The following persons are police officers:
Section 7 Police Service Act 2009
Page 10 Act No. 13 of 2009
(a) the Commissioner;
(b) each person holding an appointment as a commissioned police officer;
(c) each person holding an appointment as a non-commissioned police
officer.
(3) A child cannot be appointed as a police officer.
(4) A person who is employed under the Public Service Act and is assigned to
perform duties in the police service is an administrative staff member.
(5) An administrative staff member is subject to the Commissioner’s direction
when performing duties in the police service.
7 Mission of the police service
The mission of the police service is to work with the community:
(a) to promote public safety; and
(b) to reduce crime, violence and fear.
8 Responsibilities of the police service
(1) The police service is responsible for:
(a) preserving peace and good order; and
(b) preventing crime; and
(c) detecting offenders and bringing offenders to justice; and
(d) upholding the law generally; and
(e) administering, in a responsible, fair and efficient way and subject to due
process of law and the directions of the Commissioner:
(i) the Penal Code; and
(ii) all other Acts or laws for the time being committed to the
responsibility of the police service; and
(iii) the powers and duties given to police officers under any Act; and
(f) providing essential services in emergencies.
(2) Subsection (1) does not reduce the responsibility that is appropriately had by
the community of Tuvalu, and members of the community of Tuvalu, for:
(a) the preservation of peace and good order; and
(b) the prevention and detection of breaches of the law.
(3) The members of the police service, when discharging the responsibilities of
the police service, are to work together with the community to the extent that
is compatible with the efficient and proper discharge of those responsibilities.
Police Service Act 2009 Section 9
Act No. 13 of 2009 Page 11
9 Values of the police service
Each member of the police service must act in a way that:
(a) places integrity above all; and
(b) upholds the rule of law; and
(c) preserves the rights and freedoms of individuals; and
(d) seeks to improve the quality of life by community involvement in
policing; and
(e) makes efficient and economical use of public resources; and
(f) ensures that authority is exercised responsibly.
10 Police officers must be familiar with legislation
(1) Each police officer must take reasonable steps to familiarise himself or herself
with the provisions of this Act, the Police Powers and Duties Act 2009, the
regulations and the directions that apply to police officers.
(2) The Commissioner must:
(a) direct the attention of all new police officers to the requirements of
subsection (1); and
(b) ensure that a copy of this Act, the Police Powers and Duties Act 2009,
the regulations and the directions are reasonably accessible to each
police officer.
PART 2.2 THE COMMISSIONER OF POLICE
11 Commissioner’s duties
(1) The Commissioner is responsible for the control and management of the
police service in accordance with the law.
Note The Commissioner is to be appointed and hold office, and may be suspended or
removed from office, in accordance with section 159 (Special cases of appointments) of
the Constitution.
(2) Without limiting subsection (1), this includes the following:
(a) determination of priorities;
(b) determination of the appropriate organisational structure of the police
service;
(c) designation and redesignation of offices;
(d) control of the human, financial and other resources of the police
service;
(e) recommending for determination by Cabinet:
Section 12 Police Service Act 2009
Page 12 Act No. 13 of 2009
(i) the number and deployment of police officers and administrative
staff members; and
(ii) the number and location of police stations; and
(iii) levels of salaries, or wages, and allowances of members of the
police service;
(f) qualifications for offices within the police service and duties attaching
to those offices;
(g) promotion and demotion of members of the police service;
(h) training and development of members of the police service;
(i) dress and appearance of members of the police service;
(j) appraisal of performance of members of the police service;
(k) approval and administration of leave arrangements;
(l) internal redeployment and retraining of members of the police service;
(m) determination of times within which members of the police service are
to perform their ordinary hours of work;
(n) development of ways to ensure that all members of the police service
are treated fairly, justly and with compassion;
(o) maintenance of proper records, including, but not limited to, records
about:
(i) the action taken by a police officer or someone else in relation to
a person suspected of having committed an offence; and
(ii) the result of any proceeding against the person for the offence;
(p) the effective, efficient and economical management of the police
service.
(3) When discharging the Commissioner’s duties, the Commissioner must:
(a) comply with all relevant industrial awards; and
(b) subject to this Act, ensure compliance with:
(i) the requirements of all Acts and laws that are binding on
members of the police service; and
(ii) the Commissioner’s directions.
12 Commissioner’s powers
(1) The Commissioner has power to do, or cause to be done, all lawful acts and
things that the Commissioner considers to be necessary or convenient for the
efficient and proper discharge of the Commissioner’s duties.
(2) The Commissioner may delegate powers to a commissioned officer.
Police Service Act 2009 Section 13
Act No. 13 of 2009 Page 13
(3) The Commissioner is not responsible to, and must act independently of, any
Minister of the Crown (including any person acting on the instruction of a
Minister of the Crown) regarding:
(a) the maintenance of order in relation to any individual or group of
individuals; and
(b) the enforcement of the law in relation to any individual or group of
individuals; and
(c) the investigation and prosecution of offences; and
(d) decisions about individual members of the police service.
(4) The Commissioner:
(a) must give reports and recommendations about the administration of the
police service to the Minister, when required to do so by the Minister;
and
(b) may give the Minister, at any time, the reports and recommendations
that the Commissioner considers necessary for the efficient and
effective administration of the police service.
(5) The Minister, after seeking and considering the Commissioner’s advice, may
give written directions to the Commissioner about:
(a) the overall administration of the police service; and
(b) the policies and priorities to be pursued in performing the duties of the
police service.
(6) The Commissioner must comply with directions given under subsection (5).
(7) The Commissioner must keep a record of:
(a) all reports and recommendations made to the Minister under subsection
(4)(a); and
(b) all directions given to the Commissioner under subsection (5).
13 Commissioner’s directions
(1) The Commissioner may give, and cause to be issued to members of the police
service, the directions that the Commissioner considers necessary or
convenient for the efficient and proper functioning of the police service.
(2) Without limiting subsection (1), the Commissioner’s directions may include a
code of ethics that is to be observed in the police service.
(3) A direction may be general or particular, and may be given orally or in
writing.
(4) A direction is of no effect to the extent that it is inconsistent with this Act or
another Act.
Section 14 Police Service Act 2009
Page 14 Act No. 13 of 2009
(5) Subject to subsection (4), every member of the police service to whom a
direction of the Commissioner is addressed is to comply with the direction in
all respects.
(6) In all proceedings:
(a) a document that purports to be certified by the Commissioner to be a
true copy of a direction under this section is admissible as evidence of
the direction; and
(b) a direction under this section is taken to be effectual until the contrary
is proven.
14 Commissioner has overall command
The Commissioner has the command, supervision and control of the police service.
15 Command at a police station
(1) The Commissioner may appoint a police officer to be in charge of the
members of the police service stationed in a particular place.
(2) However, the police officer in charge must carry out the directions and orders
of the Commissioner and other more senior police officers.
16 Command at incidents
(1) This section applies to any incident, that calls for action by police, at which
police officers are present.
(2) The following person is responsible for taking action, and for action taken, at
the incident:
(a) the police officer designated for that purpose in accordance with
administrative arrangements established by the Commissioner; or
(b) if the police officer mentioned in paragraph (a) is not there — the
police officer present who is most senior by rank; or
(c) if the police officers mentioned in paragraphs (a) and (b) are not
there — the police officer present who is most senior by length of
continuous service as a police officer.
(3) For subsection (2)(c), any service other than as a police officer must not be
counted, even though it may count as continuous service under section 91.
17 Commissioner’s official stamp
(1) The Commissioner is to have an official stamp.
(2) All courts and persons who act judicially are to take judicial notice of:
Police Service Act 2009 Section 18
Act No. 13 of 2009 Page 15
(a) the signature of the Commissioner or any person who, at any time, was
the Commissioner (a “former Commissioner”); and
(b) the fact that the Commissioner has, or a former Commissioner had, an
official stamp; and
(c) the official stamp of the Commissioner or a former Commissioner;
if the signature or official stamp appears on a document made for the purposes
of judicial proceedings or on a document purporting, or seeming, to have been
made for this Act.
PART 2.3 OTHER MEMBERS OF THE POLICE SERVICE
DIVISION 2.3.1 APPOINTMENT
18 Appointing commissioned officers
(1) This section applies to the appointment of commissioned officers under
section 157 of the Constitution.
(2) The number of commissioned officers to be appointed is to be the number that
the Governor-General, acting in accordance with the advice of the Cabinet,
tendered after consultation with the Commissioner, determines is necessary
for the effectual administration of this Act, and the efficient and proper
discharge of the Commissioner’s duties.
19 Appointing non-commissioned officers
(1) This section applies to the appointment of non-commissioned officers by the
Commissioner, under section 157 of the Constitution.
(2) The number of non-commissioned officers to be appointed is to be the number
that the Governor-General, acting in accordance with the advice of the
Cabinet, tendered after consultation with the Commissioner, determines is
necessary for the effectual administration of this Act, and the efficient and
proper discharge of the Commissioner’s duties.
20 Appointing special constables
(1) The Commissioner, in writing, may appoint persons to be special constables.
(2) The Commissioner may appoint special constables on the conditions that the
Cabinet, acting in accordance with the advice of the Commissioner, thinks
appropriate.
(3) A special constable:
Section 21 Police Service Act 2009
Page 16 Act No. 13 of 2009
(a) is not entitled to salary, allowances or other remuneration, except as
provided for in the special constable’s instrument of appointment; and
(b) is not a public officer, or an employee of the Commissioner.
(4) A special constable may perform paid employment while holding an
appointment as a special constable, if the special constable has the written
consent of the Commissioner.
(5) The Commissioner must not withhold consent unreasonably if the type of
employment is compatible with the mission, responsibilities and values of the
police service.
(6) While a person holds an appointment as a special constable:
(a) the person has the duties and powers of a police officer subject to any
conditions mentioned in the appointment; and
(b) the provisions of this Act and the Police Powers and Duties Act 2009
that apply to police officers, and that may be reasonably applied to
special constables, also apply to the person as if the person were a
police officer.
21 Appointments to be based on merit of applicants
(1) This section applies to a decision to appoint a member of the police service,
including by promotion.
(2) The decision must be made by fair and equitable procedures that:
(a) prevent unjust discrimination, whether in favour of or against a person;
and
(b) include inviting applications and selecting the applicant who has the
greatest merit.
(3) The merit of an applicant is comprised of:
(a) the integrity of the applicant; and
(b) the diligence and good conduct shown by the applicant in the course of
the applicant’s career; and
(c) the physical and mental fitness of the applicant to perform the duties of
the position; and
(d) the suitability of the applicant to be engaged by the police service, as
determined under Division 2.3.2; and
(e) the potential of the applicant to discharge the duties of the position; and
(f) the ability of the applicant to fluently speak and write English.
(4) The potential of an applicant to discharge the duties of the position is to be
determined by taking at least the following factors into account:
Police Service Act 2009 Section 22
Act No. 13 of 2009 Page 17
(a) the performance of duties of office in the course of the applicant’s
career;
(b) the range of practical experience of the applicant in or outside the
police service;
(c) any relevant academic, professional or trade qualification of the
applicant;
(d) the ability, aptitude, skill, knowledge and experience determined by the
Commissioner to be necessary for the proper performance of the duties
of the position.
(5) The Commissioner may require an applicant to submit to an examination or
assessment to gauge the applicant’s potential and their physical and mental
fitness to perform the duties of the position in question.
22 Appointment on probation
(1) An appointment as a police officer of a person who was not a police officer
immediately before the appointment is an appointment on probation for:
(a) 2 years; or
(b) a longer period determined by the Commissioner.
(2) Unless the position of a police officer is advertised as one to which
appointment is to be made without a probation period, an appointment of a
police officer to a position on promotion is an appointment on probation for:
(a) 6 months; or
(b) a longer period determined by the Commissioner.
(3) The Commissioner may:
(a) at any time during the initial probation period, or during any extension
of a probation period — terminate the appointment of a person; and
(b) at the end of a probation period — confirm the appointment of the
person, extend or further extend the probation period, or terminate the
appointment of a person.
(4) If a police officer is on probation as a result of a promotion and the promotion
is terminated, the police officer is to be retained in employment as a police
officer, at a level of salary not less than the level of salary of the police officer
immediately before the appointment that is terminated, until the police officer:
(a) is appointed to another position in the police service; or
(b) is otherwise dealt with under this Act.
Section 23 Police Service Act 2009
Page 18 Act No. 13 of 2009
23 Appointment on part-time basis
Appointment to a position as member of the police service, including by way of
promotion, may be on the basis of part-time employment.
24 Appointment excludes other paid employment
A police officer who is not a special constable must not perform any other paid
employment while holding an appointment as a police officer.
25 Oath or affirmation of office
(1) Before a person begins to perform duty as a police officer, the person must
make the oath or affirmation that is prescribed in the regulations.
(2) The person must make the oath or affirmation in front of:
(a) the Commissioner; or
(b) a commissioned police officer; or
(c) a justice of the peace.
DIVISION 2.3.2 OPERATIONAL REQUIREMENTS
26 Exercise of powers
(1) A person engaged by the police service:
(a) is on duty when the officer in charge of a place requires the person to
carry out the responsibilities of the police service assigned to the
person; and
(b) may exercise his or her powers as a police officer at all times; and
(c) must exercise his or her powers as a police officer when not on duty if
it is reasonable to do so.
Example
It may not be reasonable for an off-duty police officer to intervene in a minor traffic
infringement, or if another police officer is already dealing with a matter.
(2) The Commissioner may give directions about when a person engaged by the
police service is or is not on duty.
27 Identity cards
(1) The Commissioner must issue an identity card to each police officer.
(2) The identity card must:
(a) contain a recent photo of the police officer; and
Police Service Act 2009 Section 28
Act No. 13 of 2009 Page 19
(b) contain a copy of the police officer’s signature; and
(c) identify the person as a police officer; and
(d) state an expiry date for the card.
(3) This section does not prevent the issue of a single identity card to a person for
this Act or for other purposes.
(4) A person who ceases to be a police officer commits an offence if the person
fails to return the person’s identity card to the Commissioner within 21 days
after ceasing to be a police officer, unless the person has a reasonable excuse.
(5) The maximum penalty for the offence is 40 fine units.
(6) This section has effect from a date determined by the Commissioner.
28 Supplying police officer’s identity details
(1) This section applies if a police officer exercises a power in relation to a
person.
(2) At the request of the person, the police officer must, as soon as reasonably
practicable:
(a) if the police officer is in uniform — tell the person the police officer’s
name, rank and station; or
(b) if the police officer is not in uniform:
(i) tell the person that he or she is a police officer; and
(ii) tell the person the police officer’s name, rank and station; and
(iii) produce the police officer’s identity card for inspection.
(3) If the police officer is searching a person, vehicle or place, other than under a
search warrant, the police officer must state:
(a) the purpose of the search; and
(b) the reason for seizing any property.
DIVISION 2.3.3 SUITABILITY OF PERSONS ENGAGED BY THE POLICE
SERVICE
29 Purpose of Division 2.3.3
(1) The purpose of this Division is to ensure that the Commissioner:
(a) may gather all the relevant information that the Commissioner needs
about a person who is engaged, or who is seeking to be engaged, by the
police service; and
Section 30 Police Service Act 2009
Page 20 Act No. 13 of 2009
(b) may use this information to assess the person’s suitability to be, or to
continue to be, engaged by the police service.
Examples of reasons a person may be unsuitable
the person’s methods or way of executing his or her duties may not be compatible with
the requirements of the police service
there may be insufficient grounds for dismissal, but it may be in the interests of the
police service to dispense with the employee’s services.
(2) The following persons are engaged by the police service:
(a) a police officer;
(b) a police recruit;
(c) a special constable;
(d) an administrative staff member;
(e) a person performing functions at a police station under a contract for
services;
(f) a person working in the police service as a volunteer, or as a student on
work experience.
Examples for paragraph (e)
an electrician
a cleaner
a plumber.
(3) It is the intention of this Division that the information obtained by the
Commissioner is to be used only for assessing the person’s suitability to be, or
to continue to be, engaged by the police service.
(4) However, the Commissioner may use any of the information, that discloses
the commission of an offence or is, or leads to the discovery of, evidence of
the commission of an offence, for an investigation into the offence and any
proceedings started or facilitated because of the investigation.
30 Relevant information that is to be disclosed
In this Division:
“relevant information” about a person includes information about the following
matters, whether they relate to circumstances arising in Tuvalu or overseas:
(a) offences of which the person has been convicted;
(b) arrests of the person;
(c) warrants issued in relation to the person;
(d) cautions or warnings given to the person;
(e) orders made against the person;
(f) whether the person has had a weapons licence suspended or cancelled;
Police Service Act 2009 Section 31
Act No. 13 of 2009 Page 21
(g) any alias that the person has used.
31 Disclosure by persons seeking to be engaged by the police service
(1) A person who is seeking to be engaged by the police service must, if required
by the Commissioner, disclose to the Commissioner any relevant information
known to the person that may affect the person’s suitability to be engaged by
the police service.
(2) The person must disclose the information before being engaged by the police
service.
32 Disclosure by persons already engaged by the police service
(1) A person who is engaged by the police service must, if required by the
Commissioner, disclose to the Commissioner any relevant information known
to the person that may affect the person’s suitability to be engaged by the
police service.
(2) If a person who is engaged by the police service is aware that there is a
change in relevant information about the person, the person must immediately
disclose details of the change to the Commissioner.
(3) Without limiting subsection (2), the person must disclose the details of any
offence that the person is charged with, including details of when the offence
was alleged to have been committed.
33 Commissioner may request information from other agencies
The Commissioner may ask a foreign integrity-checking agency to give the
Commissioner a report that includes relevant information about a person.
34 Prosecutor to notify Commissioner about convictions
(1) This section applies if:
(a) a person is charged with an offence; and
(b) the person who is prosecuting the offence (the “prosecutor”) is aware
that the person is engaged by the police service.
(2) The prosecutor must give the Commissioner written notice of the following
particulars within 7 days after the prosecutor becomes aware of the
particulars:
(a) the person’s name;
(b) if the person is convicted of the offence by a court:
(i) particulars of the offence;
Section 35 Police Service Act 2009
Page 22 Act No. 13 of 2009
(ii) the date of the conviction;
(iii) the court that convicted the person;
(iv) the sentence imposed by the court;
(c) if the person is convicted of the offence and appealed the conviction,
and the appeal has been finally decided or has otherwise ended:
(i) particulars of the offence;
(ii) the date on which the appeal was decided or otherwise ended;
(iii) if the appeal was decided — the court that decided the appeal;
(iv) if the appeal was decided — particulars of the decision.
(3) This section does not apply if the person was charged with the offence by a
police officer.
35 Statutory declaration as to criminal or corrupt conduct
(1) The Commissioner must require a person who is seeking to be engaged by the
police service to provide a statutory declaration that the person has not
knowingly engaged in any criminal or corrupt conduct.
(2) The Commissioner may require a person who is engaged by the police service
to provide a statutory declaration that the person has not knowingly engaged
in any criminal or corrupt conduct during a specified period.
(3) A person who fails, refuses or is unable to provide the statutory declaration is
not eligible to be, or to continue to be, engaged by the police service.
(4) The failure, refusal or inability of a person to provide a statutory declaration
must not be taken into consideration for any purpose other than the
assessment of the person’s eligibility to be, or to continue to be, engaged by
the police service.
(5) Subsection (4) applies regardless of section 29.
36 Fingerprinting of applicants
(1) The Commissioner may require a person who is seeking to be engaged by the
police service to agree to have a fingerprint or handprint taken for the
Commissioner’s use in deciding whether the person is suitable to be engaged
by the police service.
(2) The person must be informed, in writing, that the prints may be used for the
purposes of checking the person’s criminal history, before the fingerprint or
handprint is taken.
(3) The Commissioner must destroy any fingerprint or handprint taken under this
section from a person who is not appointed to a position within the police
service, as soon as practicable after that decision is made.
Police Service Act 2009 Section 37
Act No. 13 of 2009 Page 23
(4) A person who stops being a police officer may request that any fingerprint or
handprint taken under this section be destroyed.
(5) The Commissioner must ensure that the request is complied with as soon as
practicable after the request is made.
37 Assessment of suitability
(1) When assessing a person’s suitability to be, or to continue to be, engaged by
the police service, the Commissioner may have regard to all relevant
information available to the Commissioner.
(2) This relevant information includes, but is not limited to:
(a) information that is given to the Commissioner under this Division; and
(b) information that is stored on:
(i) a database kept by the Commissioner; or
(ii) a database kept by a foreign integrity-checking agency that the
Commissioner has access to; and
(c) information that is otherwise available to the Commissioner.
38 Person to be advised if he or she is not suitable
(1) This section applies if, because of information relied on by the Commissioner
under this Division, the Commissioner considers that a person may not be
suitable to be, or to continue to be, engaged by the police service.
(2) The Commissioner, before deciding that the person is not suitable, must:
(a) give the person written notice of the information that the Commissioner
has relied on to form the opinion that the person is not suitable; and
(b) allow the person a reasonable opportunity to make written
representations to the Commissioner about the information.
(3) Also, the Commissioner must give his or her written reasons why the person
may not be suitable, unless the Commissioner considers that disclosure of the
reasons:
(a) may prejudice the investigation of a contravention or possible
contravention of the law; or
(b) may enable the existence or identity of a confidential source of
information, in relation to the enforcement or administration of the law,
to be ascertained; or
(c) may endanger a person’s life or physical safety; or
(d) may prejudice the effectiveness of a lawful method or procedure for
preventing, detecting, investigating or dealing with a contravention or
possible contravention of the law; or
Section 39 Police Service Act 2009
Page 24 Act No. 13 of 2009
(e) may prejudice the maintenance or enforcement of a lawful method or
procedure for protecting public safety; or
(f) may prejudice national security; or
(g) is prohibited under another Act.
(4) If, after considering any written representations made by the person, the
Commissioner decides that the person is suitable to be, or to continue to be,
engaged by the police service, the Commissioner must:
(a) notify the person of the decision in writing; and
(b) if appropriate, direct that improvements be made, or that action be
taken to improve the person’s performance.
(5) If, after considering any written representations made by the person, the
Commissioner decides the person is not suitable to be, or to continue to be,
engaged by the police service, the Commissioner must give the person a
written notice that states:
(a) that decision; and
(b) that the person has a right to appeal against the decision to the Public
Service Commission under section 63.
(6) A serving member of the police service who is to be dismissed under this
Division is entitled to 1 month’s notice of the proposed dismissal, or
1 month’s salary instead of the notice.
39 Confidentiality of relevant information
(1) This section applies to a person who:
(a) is, or has been:
(i) a person engaged by the police service; or
(ii) a member of a selection panel; and
(b) in that capacity, acquired relevant information about another person.
(2) The person commits an offence if the person discloses the information to
anyone.
(3) The maximum penalty for the offence is 200 fine units or imprisonment for 2
years, or both.
(4) Subsection (2) does not apply to the disclosure of information about a person
if:
(a) the disclosure:
(i) is to a police officer, an administrative staff member, or a
member of a selection panel, for the purposes of assessing the
person’s suitability to be, or to continue to be, engaged by the
police service; or
Police Service Act 2009 Section 40
Act No. 13 of 2009 Page 25
(ii) is with the person’s consent; or
(iii) is of information that is relevant to an existing investigation of an
offence; or
(iv) is for a proceeding started because of an existing investigation of
an offence; or
(v) is information that the person may disclose to a person who is
entitled to ask for it under another Act; or
(b) the information discloses evidence of the commission or suspected
commission of an offence, and an investigation is started or facilitated
because of the information.
(5) A person involved in any way in anything done under this Division cannot be
compelled to produce to a court any document kept, or to disclose to a court
any information obtained, because of doing the thing.
(6) In this section, a “member of a selection panel” is a member of a panel formed
to make a recommendation to the Commissioner about a person’s engagement
by the police service.
DIVISION 2.3.4 INTEGRITY OF MEMBERS OF THE POLICE SERVICE
40 Purpose of Division 2.3.4
The purpose of this Division is:
(a) to ensure that appropriate steps are taken in the interest of the health
and welfare of relevant members of the police service; and
(b) to enhance the community’s confidence in the police service and in the
integrity of the police service.
41 Duty not to be impaired by alcohol or drugs
(1) This section applies only to:
(a) police officers; and
(b) police recruits; and
(c) administrative staff members whose duties include duties performed in
a critical area.
(2) A “critical area” is any of the following areas in which an administrative staff
member performs duties:
(a) an area that is used to store weapons or explosives;
(b) an area that is used to store dangerous drugs;
(c) a communications centre;
Section 42 Police Service Act 2009
Page 26 Act No. 13 of 2009
(d) any other area that is declared in the regulations to be a critical area.
(3) The physical or mental capacity of a member of the police service mentioned
in subsection (1) must not be impaired by alcohol or a drug:
(a) when reporting for duty for a rostered shift; or
(b) while on duty for a rostered shift; or
(c) while on call for duty.
(4) A “drug” means any substance that may impair a person’s physical or mental
capacity to perform his or her duties.
(5) An authorised testing officer may require a member of the police service
mentioned in subsection (1) to submit to a substance test if:
(a) an authorised testing officer suspects, on reasonable grounds, that the
member is contravening subsection (3); or
(b) the member has been involved in:
(i) the death of a person in custody; or
(ii) an incident at a police station in which a person died or was
severely injured; or
(iii) an incident in which a police officer who was on duty discharged
a firearm in circumstances that caused, or could have caused,
injury to a person; or
(iv) a pursuit in a vehicle or vessel during which a person died or was
severely injured.
(6) An “authorised testing officer” is a police officer who holds a rank above the
rank of the police officer who is to be tested.
(7) A “substance test” is a test designed to test whether a person’s physical or
mental capacity is impaired by alcohol or a drug.
Example of a substance test
a sobriety test.
(8) A member who fails to submit to a substance test, without reasonable cause, is
taken to have contravened subsection (3).
42 What happens if a member is impaired by alcohol or drugs
(1) This section applies if a substance test shows that a member of the police
service mentioned in section 41(1) contravened section 41(3).
(2) The Commissioner must suspend the member from duty until the member’s
physical or mental capacity is no longer impaired by alcohol or a drug.
(3) Disciplinary control may be exercised over the member under Part 2.4.
(4) Also, the Commissioner may do any 1 or more of the following:
Police Service Act 2009 Section 43
Act No. 13 of 2009 Page 27
(a) counsel the member;
(b) direct the member to undergo a course of counselling or rehabilitation
that is approved by the Commissioner;
(c) direct the member to attend a medical practitioner for a medical
examination of the member’s fitness to continue his or her normal
duties without danger to himself or herself or to someone else;
(d) after considering a report of a medical practitioner under paragraph (c),
direct the member to perform other duties until the Commissioner
considers the member is able to perform his or her normal duties
without danger to himself or herself or to someone else.
(5) If a member fails:
(a) to attend or complete a course of counselling or rehabilitation as
directed under subsection (4)(b); or
(b) to attend a medical practitioner as directed under subsection (4)(c);
disciplinary control may be exercised over the member.
(6) However, if 2 or more contraventions of this section by a member arise out of
the same facts or circumstances, disciplinary control may be exercised over
the member for only 1 contravention.
(7) A member who is directed to perform other duties under subsection (4)(d) is
entitled to be paid a salary and allowances at the rate at which the member
would be paid if the member were performing normal duties.
(8) A medical practitioner who prepares a report under subsection (4)(c) is
authorised to give the report to the Commissioner.
43 Integrity testing of police officers
(1) The Commissioner may conduct, or authorise a police officer or another
person to conduct, a test of the integrity of a particular police officer or a class
of police officers.
(2) The test may involve an act or omission, by a person who is participating in
the test, that offers a police officer whose integrity is being tested an
opportunity to engage in behaviour (either lawful or unlawful) in
contravention of the integrity required of a police officer.
(3) The act or omission of the person who is participating in the test is declared to
be lawful, despite any law to the contrary, but only to the extent to which the
act or omission occurs in the course of, and for the purposes of, the test.
(4) A certificate that is issued by the Commissioner stating that, on a specified
date or during a specified period, a specified police officer or other person
was authorised to participate in a test that involved a specified act or omission
is admissible in any proceedings, and is conclusive evidence of the statements
made in the certificate.
Section 44 Police Service Act 2009
Page 28 Act No. 13 of 2009
DIVISION 2.3.5 TRANSFERS
44 Decision to transfer police officers
(1) The Commissioner may transfer a police officer to any position where the
police officer’s services are required.
(2) However, a decision to transfer a police officer must be made by fair and
equitable procedures that prevent unjust discrimination, whether in favour of
or against a police officer.
(3) The transfer of a police officer means the appointment of a police officer to a
position in which the police officer will hold the same rank and be entitled to
at least the same level of salary.
(4) A police officer who is transferred to a position must accept the transfer, even
if the police officer did not apply for the transfer.
(5) However, if the police officer did not apply for the transfer, the notice
informing the police officer of the transfer must also inform the police officer
that he or she may appeal against the decision to the Public Service
Commission under section 63.
(6) The Commissioner cannot direct a police officer to attend for duty within
14 days after the police officer was notified of the Commissioner’s decision,
that is, until after the time allowed for making an appeal to the Public Service
Commission against the Commissioner’s decision has ended.
(7) However, subsection (6) does not limit the Commissioner’s powers to direct a
police officer to attend for duty in circumstances that the Commissioner
considers are urgent.
PART 2.4 DISMISSAL AND DISCIPLINARY CONTROL
DIVISION 2.4.1 INTRODUCTION
45 Purpose of Division 2.4.1
(1) The purpose of this Division is to provide a system of disciplining police
officers, to ensure that appropriate standards of behaviour are maintained
within the police service.
(2) It is intended that breaches of discipline, other than serious breaches of
discipline, be dealt with through progressive disciplinary action.
Example
Disciplinary action could start with verbal counselling and be followed by a first written
warning, a final written warning, and then termination.
Police Service Act 2009 Section 46
Act No. 13 of 2009 Page 29
(3) A police officer may be penalised for breach of discipline and also dealt with
for the commission of an offence for the same act or omission.
DIVISION 2.4.2 DISCIPLINARY PROCESS
46 Breaches of discipline
(1) A police officer commits a breach of discipline if the police officer, while in
Tuvalu or overseas:
(a) contravenes this Act, the Police Powers and Duties Act 2009 or the
regulations; or
(b) is careless, lazy or negligent in carrying out his or her duties, without
reasonable cause; or
(c) acts in a disgraceful or improper way, either on or off duty; or
(d) acts in a way that is prejudicial to the good order and discipline of the
police service; or
(e) fails to deal with a contravention of the law that happens in his or her
presence, unless it would not be reasonable in the circumstances
because of an imminent risk to the police officer’s safety; or
(f) is absent from duty without:
(i) leave; or
(ii) reasonable cause; or
(g) is convicted in Tuvalu of an offence, or is convicted overseas of an
offence that if committed in Tuvalu would have been an offence; or
(h) aids, abets, counsels or procures the commission of a breach of
discipline under this subsection.
Example for paragraph (b)
failing to properly supervise his or her subordinates.
Example for paragraph (c)
conducting himself or herself:
(i) in a way that is likely to bring discredit to the police service; or
(ii) in a dishonest or unethical way.
Examples for paragraph (d)
disobeying a lawful direction or order made by a superior officer
using abusive, insulting, obscene or threatening language while on duty
consuming alcohol while on duty without the approval of the Commissioner.
(2) If disciplinary control over a police officer is contemplated on a ground
mentioned in subsection (1)(f), the Commissioner may appoint a medical
practitioner to examine the police officer and to report to the Commissioner
on the police officer’s physical or mental condition.
Section 47 Police Service Act 2009
Page 30 Act No. 13 of 2009
47 Types of penalties
The following types of penalties may be imposed on a police officer who commits a
breach of discipline:
(a) a caution or reprimand;
(b) a fine of up to 14 days pay;
(c) the forfeiture or deferment of a salary increment for up to 1 year;
(d) a reduction in the police officer’s level of salary, within the limits of the
salary fixed for the rank held by the police officer;
(e) a reduction in rank;
(f) a transfer;
(g) dismissal.
48 Order to appear before a disciplinary board
(1) The Commissioner may order a non-commissioned police officer who is
accused of a disciplinary breach to appear before a disciplinary board, which
will hear and decide proceedings for the disciplinary breach.
Note Commissioned police officers are to be dealt with as members of the Public
Service — see Constitution, section 157 (3).
(2) The order must be in writing and state:
(a) the disciplinary breach that is alleged to have been committed by the
accused police officer; and
(b) the facts on which the disciplinary breach is based; and
(c) the time, date and place of the disciplinary board hearing.
(3) The order must be given to the accused police officer at least 7 days before
the disciplinary board hearing is to begin.
(4) If all reasonable attempts to give the order to the accused police officer have
failed, at least 7 days before the disciplinary board hearing is to begin, the
order may:
(a) be published in a newspaper that is circulating in the area where the
accused police officer was last known to live; or
(b) be advertised on a radio station that is transmitting in the area where the
accused police officer was last known to live.
49 Establishing a disciplinary board
(1) A disciplinary board is to be established by the written order of the
Commissioner.
(2) A disciplinary board may be:
Police Service Act 2009 Section 50
Act No. 13 of 2009 Page 31
(a) a summary board, which may impose only the following penalties:
(i) a caution or reprimand;
(ii) a fine of up to 14 days pay; or
(b) a non-summary board, which may impose any of the penalties provided
in section 47.
(3) A disciplinary board consists of:
(a) for a summary board — 1 police officer who is higher in rank than the
accused police officer; or
(b) for a non-summary board — 3 police officers who are not lower in rank
or seniority than the accused police officer.
(4) However, none of the following persons can be appointed as a member of a
disciplinary board:
(a) the investigating officer;
(b) the complainant;
(c) any of the witnesses to be called in the hearing;
(d) any other person who has any interest that may conflict with a fair and
impartial hearing of the charges made against the accused police
officer.
(5) The order that establishes a non-summary board must specify which member
of the disciplinary board is to be the Chairman of the board.
(6) A single disciplinary board may be established to hear and decide proceedings
against a number of accused police officers, unless the defence of any of the
accused police officers may be prejudiced.
50 Proceedings before a disciplinary board
(1) The proceedings before a disciplinary board must be heard in the presence of
the accused police officer unless, in spite of being given notice of the
proceedings in accordance with section 48(4), the accused police officer fails
to attend before the disciplinary board.
(2) However, if the accused police officer shows sufficient cause that prevented
the accused police officer from attending before the disciplinary board, the
accused police officer is entitled to a rehearing.
(3) The proceedings before the disciplinary board are to be conducted with as
little formality and technicality as possible, given the need to properly and
fairly consider the complaint made against the accused police officer.
(4) The disciplinary board may decide all or part of the proceedings from the
documents brought before the disciplinary board, without the parties or the
witnesses appearing, if:
(a) the parties agree; or
Section 51 Police Service Act 2009
Page 32 Act No. 13 of 2009
(b) the disciplinary board considers it appropriate in all of the
circumstances.
(5) Subject to subsection (4), the accused police officer may:
(a) be represented by a person who is not a legal practitioner; and
(b) cross-examine witnesses; and
(c) make a statement in his or her defence, either orally or in writing.
(6) The disciplinary board may direct the accused police officer to answer a
question even if the answer might tend to incriminate the accused police
officer.
(7) However:
(a) the answer given by the accused police officer is not admissible in any
other proceedings, whether criminal or civil; and
(b) any information, document or other evidence that is obtained as a direct
or indirect result of the answer given by the accused police officer is
not admissible in any criminal or civil proceedings.
(8) The disciplinary board is not bound by the rules of evidence, but may inform
itself in any way it considers appropriate.
(9) The disciplinary board must keep a written record of the proceedings, in
which it records:
(a) the statements of the accused police officer and all witnesses; and
(b) any reports relating to the accused police officer that are tendered at the
proceedings.
(10) If the disciplinary board finds the accused police officer guilty of a breach of
discipline, the disciplinary board may consider any breaches of discipline
committed by the accused police officer in the past when deciding what
penalty to impose on the accused police officer.
(11) At the end of the proceedings, the disciplinary board must inform the accused
police officer:
(a) of its decision; and
(b) that the accused police officer may have the disciplinary board’s
decision reviewed by the Commissioner under section 52.
(12) However, if the sentence includes a penalty of a reduction in rank, a transfer
or dismissal, the disciplinary board must not inform the accused police officer
of its decision unless, and until, the Commissioner has confirmed the
decision.
Police Service Act 2009 Section 51
Act No. 13 of 2009 Page 33
51 Suspension of penalty
(1) A disciplinary board may suspend the effect of a penalty that the disciplinary
board imposed on an accused police officer for a breach of discipline if the
accused police officer agrees:
(a) to perform community service specified by the disciplinary board; or
(b) to undergo a course of counselling or rehabilitation specified by the
disciplinary board.
(2) The disciplinary board must specify a type of community service, or course of
counselling or rehabilitation, that is relevant to the breach of discipline.
(3) If the accused police officer successfully completes the community service or
course of counselling or rehabilitation, the penalty is rescinded.
(4) If the accused police officer fails to successfully complete the community
service or course of counselling or rehabilitation, the penalty is to be
implemented.
52 Commissioner’s review of disciplinary board’s decision
(1) If an accused police officer wants to have the decision of the disciplinary
board reviewed by the Commissioner, the accused police officer must tell the
disciplinary board within 14 days after being told of the decision.
(2) If the accused police officer tells the disciplinary board that the accused police
officer wants to have the decision reviewed, the disciplinary board’s decision
is stayed until the review is finalised.
(3) After reviewing the disciplinary board’s decision, the Commissioner may:
(a) confirm the decision and the penalty; or
(b) confirm the decision but change the penalty; or
(c) annul the decision and the penalty; or
(d) order a rehearing.
(4) However, the Commissioner must give the accused police officer an
opportunity to be heard before the Commissioner increases the punishment
that was imposed by the disciplinary board.
(5) The Commissioner must give the accused police officer a written notice that
states:
(a) the Commissioner’s decision; and
(b) that the accused police officer may appeal against the Commissioner’s
decision to the Public Service Commission under section 63.
Section 53 Police Service Act 2009
Page 34 Act No. 13 of 2009
53 Complaints of police misconduct
(1) The Commissioner must promptly investigate every complaint made about the
conduct of a police officer, and give the person who made the complaint a
written notice that details:
(a) the findings of the investigation; and
(b) the action proposed to be taken as a result of those findings.
(2) However, if during the investigation the Commissioner decides, on reasonable
grounds, that the complaint concerns a frivolous matter or was made
vexatiously, the Commissioner may:
(a) direct that no further action be taken in relation to the complaint; and
(b) give the person who made the complaint written notice that the
Commissioner considers that the complaint is frivolous or was made
vexatiously, and so is taking no further action in relation to the
complaint.
(3) The Commissioner must keep a written record of all written complaints made
about the conduct of a police officer, and the action taken in relation to the
complaint.
(4) A person commits an offence if the person makes a complaint knowing the
complaint is false.
(5) The maximum penalty is 100 fine units or imprisonment for 1 year, or both.
(6) In this section:
“police officer” includes a person who is no longer a police officer but who
was a police officer when the misconduct is alleged to have happened.
54 Duty to report offences by other police officers
(1) This section applies if a police officer knows, or suspects on reasonable
grounds, that another police officer has committed an offence against this Act
or another Act.
(2) The police officer must, as soon as is practicable, report the offence to the
Commissioner.
(3) A person commits an offence if the person:
(a) prejudices, or threatens to prejudice, the safety or career of another
person because that other person or someone else complied with
subsection (2); or
(b) intimidates or harasses, or threatens to intimidate or harass, another
person because that other person or someone else complied with
subsection (2); or
Police Service Act 2009 Section 55
Act No. 13 of 2009 Page 35
(c) takes any action that is, or is likely to be, to the detriment of another
person because that other person or someone else complied with
subsection (2).
(4) The maximum penalty for the offence is 100 fine units.
55 Payment of fines into the Police Fund
(1) If a police officer is ordered to pay a fine for a breach of discipline, the fine
must be paid into a trust account called the “Police Fund”.
(2) A payment must not be made out of the Police Fund except with the written
authority of the Commissioner, and then only for the following purposes:
(a) assistance to the spouses and families of:
(i) deceased non-commissioned officers; or
(ii) non-commissioned officers who are discharged from the police
service as medically unfit;
(b) contributions to be given at athletic meetings, assault-at-arms, or other
similar events, that are organised by or for the benefit of the police
service;
(c) the purchase of ammunition for weapons practice by police officers;
(d) payments to non-commissioned officers as rewards for meritorious acts
or service in the execution of duty, if those payments are not met out of
public funds;
(e) expenditure for the benefit and advancement of authorised recreation
and sport and other police activities organised within the police service;
(f) another purpose that the Commissioner considers to be for the general
welfare of members of the police service.
DIVISION 2.4.3 SUSPENSION AND STANDING DOWN
56 Power to suspend and stand down
(1) This section applies if:
(a) the Commissioner considers, on reasonable grounds, that a member of
the police service is liable to disciplinary control under Division 2.4.2;
or
(b) the Commissioner considers, on reasonable grounds, that the efficient
and proper discharge of the Commissioner’s duties might be prejudiced
if the employment of a member of the police service is continued; or
(c) a member of the police service is charged with an offence; or
Section 57 Police Service Act 2009
Page 36 Act No. 13 of 2009
(d) a member of the police service is unfit for reasons of health to such an
extent that the member is unfit to carry out his or her duties.
(2) The Commissioner may:
(a) suspend the member from duty; or
(b) stand down the member from duty as a police officer, and direct the
member to perform other duties that the Commissioner considers
appropriate.
(3) The Commissioner may, at any time, revoke a suspension or standing down
that is imposed under subsection (2).
57 Salary and allowances while suspended
(1) A member of the police service who is suspended from duty under section
56(1)(a), (b) or (c) is entitled to be paid a salary and allowances at the rate that
the member would have received had the member not been suspended, unless
the Commissioner decides otherwise in a particular case.
(2) A member of the police service who is suspended from duty under section
56(1)(d) is entitled to be paid a salary and allowances at the rate that the
member would have received had the member not been suspended.
(3) However, the Commissioner cannot reduce the member’s salary by more than
a half.
(4) If the suspension is revoked and the member resumes duty, the member is
entitled to receive the amount (if any) by which the member’s salary and
allowances were reduced, unless the Commissioner decides otherwise.
58 Salary and allowances while stood down
A member of the police service who is stood down from duty under this Part is
entitled to be paid a salary and allowances at the rate at which the member would
have received a salary and allowances had the member not been stood down.
59 Officer relieved of powers and duties while suspended or stood down
While a police officer remains suspended or stood down under this part, the police
officer is relieved of the powers and duties of a police officer.
Police Service Act 2009 Section 60
Act No. 13 of 2009 Page 37
DIVISION 2.4.4 MEDICAL UNFITNESS
60 Unfitness for duty on medical grounds
(1) This section applies if the Commissioner suspects, on reasonable grounds,
that a police officer is incapable of performing the duties of office, or any
other duties as a police officer that the Commissioner might reasonably direct
the police officer to perform, because of a physical or mental illness.
(2) The Commissioner may:
(a) nominate a medical practitioner to examine the police officer and to
report to the Commissioner on the police officer’s physical or mental
health; and
(b) direct the police officer to submit to the examination.
(3) The Commissioner may:
(a) appoint, in writing, the police officer to a position as an administrative
staff member, or to another position in the Public Service with the
agreement of the Secretary to Government, on a salary not less than the
salary the police officer was being paid immediately before the
appointment; and
(b) direct the police officer to report for, and perform duty in, that position.
(4) A police officer who is appointed to a position as an administrative staff
member or transferred to another position in the Public Service ceases to be a
police officer.
(5) The Commissioner may call on the police officer to retire within a time (of
not less than 14 days) specified in a written notice if the Commissioner
considers that the police officer is not sufficiently fit to perform duties as a
member of the police service because:
(a) of any medical report from a medical practitioner on the physical or
mental health of the police officer, including medical reports provided
by the police officer; or
(b) the police officer fails, without reasonable cause, to comply with the
Commissioner’s direction to submit to the examination.
(6) If the police officer does not retire within the time specified, the police officer
may be dismissed.
(7) The notice of dismissal must also inform the police officer of his or her right
to appeal against the Commissioner’s decision under section 63.
Section 61 Police Service Act 2009
Page 38 Act No. 13 of 2009
PART 2.5 DISCLOSURE OF INFORMATION
61 Improper disclosure of confidential information
(1) A person who is, or who has been, a member of the police service commits an
offence if the person discloses confidential information, unless:
(a) the disclosure is for the purposes of the police service; or
(b) the disclosure is authorised under this or another Act; or
(c) the disclosure is made under due process of law; or
(d) the information would normally be made available to any member of
the public on request.
(2) “Confidential information” is information that is not generally known to the
community, that:
(a) has come to the knowledge of, or has been confirmed by, the person
through the exercise of a power, or the performance of a duty, of a
member of the police service; or
(b) has come to the knowledge of the person because of employment in the
police service.
(3) In proceedings for an offence against this section, it is irrelevant that
information of the nature of the information disclosed had also come to the
defendant’s knowledge otherwise than in a way mentioned in subsection (2).
(4) The maximum penalty for the offence is 100 fine units or imprisonment for 2
years, or both.
62 Disclosure of information authorised by the Commissioner
(1) The Commissioner may, in writing, authorise the disclosure of information
that is in the possession of the police service, other than information that must
not be disclosed under section 39.
Example
The Commissioner may authorise the disclosure of information to a foreign law
enforcement agency.
(2) The Commissioner may impose conditions on the disclosure of information.
(3) A person commits an offence if:
(a) the Commissioner disclosed information to the person subject to
conditions; and
(b) the person contravenes any of the conditions.
(4) The Commissioner’s power to authorise the disclosure of information under
this section is subject to:
Police Service Act 2009 Section 63
Act No. 13 of 2009 Page 39
(a) any other Act that prevents or restricts the Commissioner from
disclosing the information; and
(b) any provision in the regulations about the disclosure of information that
is in the possession of the police service.
(5) The Commissioner must authorise the release of information given by or to a
foreign law enforcement agency in accordance with a memorandum of
understanding with that agency.
(6) No one, including the Crown, incurs any liability in law because of a
disclosure of information made in accordance with the Commissioner’s
authorisation.
CHAPTER 3 LEGAL PROCEEDINGS
63 Appeal from certain decisions of the Commissioner
(1) A member of the police service may appeal to the Public Service Commission
against a decision of the Commissioner:
(a) that a person is not suitable to be engaged by the police service; or
(b) to transfer the member; or
(c) to dismiss the member; or
(d) to exercise disciplinary control over the member.
(2) The appeal must be made and conducted in accordance with Rule 70 of the
Public Service Commission Rules 2000.
64 Service and production of documents
(1) Any document that an Act requires or authorises to be given to or served on
the Commissioner is taken to have been given or served if it is given to the
holder of the office nominated by the Commissioner by a notice in the
Gazette.
(2) With the leave of a court or tribunal, a member of the police service may
represent the Commissioner in the court or tribunal in order to produce a
document or other thing that was required to be produced in response to the
document given or served under subsection (1).
65 Proceedings for offences against this Act
(1) Proceedings for an offence against this Act may be commenced:
(a) within 2 years after the offence was committed; or
Section 66 Police Service Act 2009
Page 40 Act No. 13 of 2009
(b) within 1 year after the offence comes to the complainant’s knowledge,
but within 5 years after the offence was committed.
(2) A statement in a complaint that the matter of the complaint came to the
knowledge of the complainant on a stated day is evidence of when the matter
came to the complainant’s knowledge.
(3) Proceedings for an offence against this Act are to be taken on the complaint of
a police officer who is authorised, in writing, by the Commissioner.
66 Statements in complaints
(1) It is sufficient proof, in the absence of evidence to the contrary, of a statement
in a complaint that:
(a) the complainant is a police officer; or
(b) the complainant is authorised by the Commissioner to make the
complaint.
(2) In any proceedings, a statement in a complaint, in a pleading or in an affidavit
that states any of the following things is evidence of that thing:
(a) that, at a stated time or during a stated period, a stated place was a
police station or police premises;
(b) a stated thing was appropriated to the use of, or was used by, the police
service or a member of the police service in the member’s official
capacity;
(c) a stated act, omission, conduct or breach of duty has not been
authorised or consented to by the Commissioner in relation to anything
mentioned in paragraph (a) or (b);
(d) that, at a stated time or during a stated period, stated property was the
property of the Commissioner under this Act.
67 Representation of police officers in court
(1) Any police officer may appear for and represent another police officer in a
magistrates’ court in a proceeding:
(a) for an application made by a police officer in the performance of a duty
under any Act; or
(b) in which a police officer is involved in the performance of a duty, other
than only as a witness; or
(c) in which the Commissioner is involved, or of which the Commissioner
or another police officer is required to be given notice.
(2) Also, any police officer may appear and act for the prosecution in a
proceeding in a magistrates’ court for a charge of an offence, even though the
officer is not the informant or complainant.
Police Service Act 2009 Section 68
Act No. 13 of 2009 Page 41
(3) Any police officer conducting a prosecution under subsection (2) is subject to
the express directions of the Attorney-General.
68 Proof of appointment
If a question arises as to a person’s appointment as a police officer or special
constable, or to a person’s entitlement to exercise the powers or perform the duties
of a police officer:
(a) the general reputation of the person is evidence of that identity and
entitlement; and
(b) the absence of, or failure to produce, any written appointment or other
documentary proof to establish that identity or entitlement does not
prejudice or otherwise affect the exercise of the powers or the
performance of the duties by a person who is a police officer or special
constable.
69 Ownership of police property
In any proceedings, the following are taken to be the property of the Commissioner
and may be sufficiently described as the property of the Commissioner:
(a) a place that is declared to be a police station or other police premises
under section 93;
(b) anything, which is not the private property of any person, that the
Crown has appropriated to the use of the police service or a member of
the police service.
70 Liability for acts under a warrant
(1) This section applies if proceedings are started for an act done by a police
officer.
(2) It is a defence to the proceedings for the police officer to prove that the act
was done:
(a) honestly and without negligence; and
(b) in obedience to a warrant that purports to be have been signed by a
judge, magistrate or justice of the peace.
(3) A signature on a warrant that purports to be the signature of a judge,
magistrate or justice of the peace is evidence of the signature it purports to be.
71 Liability for reports
(1) It is lawful for a police officer or administrative staff member to express, in a
report that is made in good faith in the execution of a duty, matters of opinion,
Section 72 Police Service Act 2009
Page 42 Act No. 13 of 2009
judgement or recommendation (of the person making the report or someone
else), as well as matters of fact.
(2) A report is made in the execution of a duty if the person who made the report
believed, on reasonable grounds, that the person to whom the report was made
had a duty or authority to receive the report.
(3) Neither the Crown nor anyone else incurs liability in law because of a report
that was made in good faith in the execution of duty about the efficiency,
conduct or character of a police officer or administrative staff member.
(4) However, a report that contains a matter that is false, or grossly misleading in
a material particular, was not made in good faith, unless the defendant proves
that the person who made the report:
(a) believed, on reasonable grounds, that the matter was true; and
(b) could not, by exercising reasonable diligence, have discovered the false
or misleading nature of the matter.
(5) The burden of proving an absence of good faith is on the person who alleges
the absence of good faith.
72 Liability for torts
(1) If a member of the police service or volunteer, who is acting or purporting to
act in the execution of a duty as a member of the police service or volunteer,
commits a tort, the Crown is jointly liable for the tort.
(2) The Crown may:
(a) pay the whole or part of:
(i) an amount under a settlement of a claim that has, or might have,
been made in relation to the tort; or
(ii) damages (other than punitive damages) and costs awarded
against the member of the police service or volunteer in relation
to the tort; and
(b) pay the whole or part of costs incurred, but not recovered, by the
member of the police service or volunteer in the proceedings for the
tort; and
(c) recover, in a court of competent jurisdiction, a contribution from the
member of the police service or volunteer of an amount that the court
considers to be just in the circumstances.
(3) However, the Crown must indemnify the member of the police service or
volunteer if:
(a) the tort was committed while the member of the police service or
volunteer was rendering assistance, directly or indirectly, to a person in
a medical emergency; and
Police Service Act 2009 Section 73
Act No. 13 of 2009 Page 43
(b) the member of the police service or volunteer was acting honestly and
without gross negligence.
(4) A “medical emergency” is a situation in which a person is suffering or
apparently suffering from an illness or injury, in circumstances that the
member of the police service or volunteer reasonably considered to be an
emergency.
(5) The Crown’s liability under this section does not extend to a liability to pay
punitive damages.
73 Commissioner may provide legal representation
(1) The Commissioner may provide legal representation for a member of the
police service if a demand is made, or proceedings are started, against the
member (by someone other than the Crown) in relation to an act done or
omission made by the member while acting or purporting to act in the
execution of a duty.
(2) If it is found, or it is conceded, that the member was not in fact acting in the
execution of a duty, the Commissioner may require the member of the police
service to repay the costs and expenses incurred by the Commissioner in
providing the legal representation.
(3) If the member of the police service does not repay the costs and expenses, the
Commissioner may recover them in a court of competent jurisdiction as a debt
that is due and payable.
CHAPTER 4 OFFENCES
74 Impersonation of a member of the police service
(1) A person commits an offence if the person claims to be a police officer with
intent to mislead.
(2) The maximum penalty for the offence is 100 fine units.
75 Entertaining etc police officers
(1) A person commits an offence if the person knowingly:
(a) harbours or entertains a police officer in any place; or
(b) allows a police officer to linger in any place over which the person has
control;
Section 76 Police Service Act 2009
Page 44 Act No. 13 of 2009
at any time when the police officer is on duty, unless the actual performance
of the police officer’s duty requires the police officer to be present at the
place.
(2) The maximum penalty for the offence is 100 fine units.
76 Bribery or corruption of members of the police service
(1) A person commits an offence if the person provides a member of the police
service with a benefit or property with a view to:
(a) the member neglecting the member’s duties; or
(b) influencing the member in the performance of the member’s duties or
the exercise of the member’s powers; or
(c) the member using or taking advantage of the member’s position in the
police service:
(i) to facilitate the commission of an offence; or
(ii) to give the person any information, service or advantage, whether
or not the person would otherwise be entitled to that information,
service or advantage.
(2) A person “provides” a member of the police service with a benefit or property
if the person:
(a) gives the benefit or property to the member of the police service; or
(b) confers the benefit or property on the member of the police service; or
(c) procures the benefit or property for the member of the police service; or
(d) offers, promises or agrees to do anything mentioned in paragraph (a),
(b) or (c).
(3) A member of the police service commits an offence if the member solicits,
agrees to accept, or accepts, from a person a benefit or property with a view
to:
(a) the member neglecting the member’s duties; or
(b) influencing the member in the performance of the member’s duties or
the exercise of the member’s powers; or
(c) the member using or taking advantage of the member’s position in the
police service:
(i) to facilitate the commission of an offence; or
(ii) to give the person any information, service or advantage, whether
or not the person would otherwise be entitled to that information,
service or advantage.
(4) The maximum penalty for an offence against subsection (1) or (3) is
1 000 fine units or imprisonment for 10 years, or both.
Police Service Act 2009 Section 77
Act No. 13 of 2009 Page 45
(5) The liability of a person under this section does not affect the person’s
liability under the Penal Code for an offence defined in the Penal Code that is
constituted by the person’s conduct.
(6) However, the person cannot be dealt with under both this section and the
Penal Code in relation to the same conduct.
77 False representations causing police investigations
(1) A person commits an offence if:
(a) the person represents an act has been done, or circumstances exist, that
requires investigation by a police officer; and
(b) the person knows that the representation is false.
(2) For subsection (1), the representation may be made:
(a) by conduct; or
(b) by oral or written statements; or
(c) by conduct and oral or written statements.
(3) The maximum penalty for the offence is 100 fine units.
(4) However, if statements that are alleged to have been made by a person relate
to the conduct of a police officer, the person cannot be convicted of the
offence only on the uncorroborated evidence of a police officer.
(5) If a person is convicted of an offence against this section, the court may order
the person to pay to the Crown a reasonable amount for the expenses of, or
incidental to, any investigation made by a police officer because of the false
representation.
(6) The court may make that order even if it does not impose a penalty for the
offence.
(7) This section does not apply to a representation relating to an offence, or the
circumstances of an offence, if the offence has actually been committed.
78 Trespassing on police property
(1) A person commits an offence if the person is found on, or having just left, any
place that is appropriated to the use of the police service, unless the person
has a lawful excuse.
(2) The maximum penalty for the offence is 100 fine units.
(3) The burden of proving a lawful excuse lies on a person who claims it.
Section 79 Police Service Act 2009
Page 46 Act No. 13 of 2009
79 Unlawful possession of police property
(1) A person commits an offence if the person, without lawful excuse, possesses
any of the following things, or supplies them to someone else:
(a) a print of a photo or part of a photo taken by a member of the police
service;
(b) an audio or video recording of a police interview;
(c) a transcript of an audio or video recording of a police interview.
(2) Subsection (1) does not prevent a person supplying, for the purposes of
enabling another person to defend a charge, any of those things to:
(a) a person who is charged with an offence of which those things are
evidence; or
(b) the person’s lawyer.
(3) However, a person mentioned in subsection (2)(a) commits an offence if the
person does not return those things to the Commissioner after the end of the
time allowed for any appeal against a conviction for the offence, unless the
property is kept as part of the records of that person’s lawyer.
(4) A person commits an offence if the person, without lawful excuse, possesses:
(a) a document of a confidential nature that was brought into existence for
the purposes of the police service; or
(b) anything appropriated to the use of the police service; or
(c) anything on issue to a police officer or to a former police officer.
(5) The maximum penalty for an offence under this section is 100 fine units.
(6) The burden of proving a lawful excuse under this section lies on a person who
claims it.
80 Prohibited use of words suggesting association with police
(1) In this section, a “police expression” is any of the following expressions:
(a) police;
(b) police service;
(c) police force;
(d) Tuvalu Police;
(e) police officer;
(f) any expression that resembles any of the expressions mentioned in
paragraphs (a) to (e), or that includes words taken from 2 or more of the
expressions.
(2) A body or association of persons, whether incorporated or not, commits an
offence if it:
Police Service Act 2009 Section 81
Act No. 13 of 2009 Page 47
(a) has a police expression as, or as part of, its name; or
(b) uses a police expression in conjunction with its name, in any context.
(3) A person commits an offence if the person:
(a) has a police expression as, or as part of, a name under which the person
conducts business; or
(b) use a police expression in conjunction with a name under which the
person conducts business, in any context.
(4) A person commits an offence if the person, for the purpose of any business,
occupation or employment:
(a) assumes or uses the designation “detective” or another designation that
includes the word “detective”; or
(b) assumes or uses the designation, rank or description of a police officer,
or a class of police officers.
(5) The maximum penalty for an offence under this section is 100 fine units.
(6) If a body or association of persons is convicted of an offence against this
section, each member of its governing body is also taken to have committed
the offence.
81 Striking or otherwise withdrawing service
(1) A police officer commits an offence if the police officer:
(a) does any act or makes any omission that, if done or omitted to be done
by 2 or more police officers, would constitute a strike within the
meaning of the Industrial Relations Code 1974; or
(b) withdraws from his or her services as a police officer, unless the
withdrawal is authorised by this Act or by the Commissioner.
(2) The maximum penalty for the offence is 100 fine units.
82 Mutiny and riots
(1) In this section:
“mutiny” means a gathering of 3 or more persons who are collectively
challenging authority under this Act, with intent to subvert authority.
“riot” means a gathering of 3 or more persons with intent to carry out a
common purpose, that has begun to act in so tumultuous a way as to disturb
the peace.
(2) A police officer commits an offence if the police officer:
(a) being aware of an intended mutiny in the police service, does not
inform a superior officer of the intended mutiny; or
Section 83 Police Service Act 2009
Page 48 Act No. 13 of 2009
(b) being aware of a mutiny in the police service, does not use the police
officer’s best endeavours to suppress the mutiny; or
(c) being present at a gathering that is tending towards a riot or is rioting,
does not use the police officer’s best endeavours to prevent or suppress
the riot.
(3) The maximum penalty for the offence is 100 fine units or imprisonment for 1
year, or both.
CHAPTER 5 MISCELLANEOUS PROVISIONS
83 War or other states of public emergency
(1) This section applies if:
(a) Tuvalu is at war; or
(b) a proclamation made under section 35 of the Constitution is in force.
(2) The Governor-General, acting in accordance with the advice of the Cabinet,
may direct the police service, or part of the police service:
(a) to be employed as a military force; and
(b) to comply with the orders of any military authority that the
Governor-General specifies.
(3) However, a direction by the Governor-General does not affect:
(a) any powers of appointment, dismissal or disciplinary control of
members of the police service that are conferred on someone under this
Act; and
(b) except as far as the Governor-General, acting in accordance with the
advice of the Cabinet, may otherwise direct — the command and
supervision of the police service vested in the Commissioner under this
Act.
(4) If a police officer’s period of service is due to expire while a direction under
subsection (2) is in effect, the Minister may direct that the police officer’s
period of service be extended for as long as the Minister considers necessary
in the circumstances.
84 Fires or other emergencies
(1) On receiving information of a fire or other emergency that requires fire
service officers to attend, the Commissioner or the police officer in charge, at
the time, of the police station nearest to the fire or other emergency must
immediately send as many police officers as are considered necessary to help
at the fire or other emergency and to preserve order.
Police Service Act 2009 Section 85
Act No. 13 of 2009 Page 49
(2) It is the duty of a police officer who is present at a fire or other emergency to
give a fire service officer reasonably necessary help.
85 Service overseas
(1) The Minister, on the application of the government of another country or an
international organisation operating in another country, may order the number
of police officers as the Minister considers necessary to serve in the other
country.
(2) However, before the Minister makes the order, the Minister must be satisfied
that satisfactory arrangements have been, or will be, made for the inclusion in
the law of the other country of a provision that is reciprocal to this section.
(3) If police officers from the police service of another country are in Tuvalu in
response to an application made by the Government to assist Tuvalu Police in
a temporary emergency, the following provisions have effect with regard to
the police officers:
(a) the police officers are to be under the orders of their own officers who
are present with them (if any), subject to the command of the
Commissioner;
(b) the police officers may exercise the powers and perform the duties of
police officers of equivalent rank in the Tuvalu Police, and for those
purposes are taken to be members of the Tuvalu Police;
(c) any contract of service between the government of the other country, or
the international organisation, and any of the police officers may be
enforced as if it were made between the Crown and the officer;
(d) any law that affects the discipline or terms and conditions of service of
the police officers while serving in another country are, as far as is
possible in the circumstances, to be applied in Tuvalu as if the law were
a law of Tuvalu.
(4) Subsection (3)(d) does not empower a member of the Tuvalu Police to
exercise disciplinary control over a police officer from the police service of
another country.
(5) However, if a law of the other country confers jurisdiction on a court to try
and to punish an offence by a police officer from the police service of the
other country, that jurisdiction may be exercised by a court of comparable
jurisdiction in Tuvalu.
86 Performance appraisal
The Commissioner must ensure that a regular system of appraisal is established that
will provide a police officer with information on:
(a) the police officer’s performance; and
Section 87 Police Service Act 2009
Page 50 Act No. 13 of 2009
(b) appropriate remedial steps to improve the police officer’s performance
if this is considered appropriate.
Example for paragraph (b)
This could be appropriate after a police officer has been disciplined.
87 Resignation
A police officer may resign by giving the Commissioner written notice of the police
officer’s intention to resign at least 3 months before the date of the intended
resignation, unless the Commissioner approves some shorter period.
88 Ranks of police officers
The ranks of police officers are those prescribed by the regulations.
89 Police associations
(1) A police officer must not be, or become, a member of a professional
association other than a professional organisation that is prescribed in the
regulations.
(2) A “professional organisation” is:
(a) a trade union, or a body or association affiliated to a trade union; or
(b) a body or association that has as its object, or one of its objects,
controlling or influencing conditions of employment in a trade or
profession.
(3) A police officer who contravenes this section may be dismissed from the
police service, without the rights to any pension, gratuity or allowance.
(4) For section 25 of the Constitution, it is the intention of Parliament to make
this section:
(a) in the interests of public safety and public order; and
(b) for the purpose of protecting the rights and freedoms of other persons.
90 Payment during imprisonment or absence without leave
(1) A member of the police service is not entitled to be paid a salary or
allowances during any period when:
(a) the member is imprisoned; or
(b) the member is absent without leave.
(2) However, subsection (1) does not apply:
(a) to any period when the member is imprisoned, while awaiting trial for
an offence, if:
Police Service Act 2009 Section 91
Act No. 13 of 2009 Page 51
(i) the member is acquitted or discharged; or
(ii) the prosecution does not proceed with the prosecution of the
offence; or
(b) if the Commissioner decides that the member should be paid.
91 Continuous service as a police officer
(1) In calculating the length of service of a member of the police service, the
following periods are not to be considered:
(a) any period when the member is imprisoned, other than a period of
imprisonment while awaiting trial for an offence if:
(i) the member was acquitted or discharged; or
(ii) the prosecution did not proceed with the prosecution of the
offence;
(b) any period when the member is absent without leave.
(2) If the member’s service in the police service immediately precedes, or
immediately follows, the member’s service as a public officer, both periods of
service count as continuous service as a member of the police service.
92 Awards
(1) The Commissioner may award a medal entitled the Tuvalu Police Service
Valour Award to a member of the police service who performs an act of
exceptional bravery in hazardous circumstances.
(2) If a member of the police service, who has previously been awarded the
Tuvalu Police Service Valour Award, performs an act of exceptional bravery
in hazardous circumstances, the Commissioner may add a Silver Bar to the
member’s Tuvalu Police Service Valour Award.
(3) The design of the Tuvalu Police Service Valour Award is to be as approved
by the Governor-General, on the recommendation of the Commissioner.
(4) The Commissioner may make other awards that the Commissioner considers
necessary to recognise and commend conspicuous or especially meritorious:
(a) bravery by a member of the police service acting in the execution of his
or her duty as a member; or
(b) performance of police work by a police officer acting in the execution
of his or her duty as a police officer.
(5) An award may be made:
(a) posthumously or to a person who has left the police service; or
(b) for conduct that happened before the commencement of this Act.
Section 93 Police Service Act 2009
Page 52 Act No. 13 of 2009
(6) The Commissioner may decide the occasions on which an award may be
worn.
93 Police stations
(1) The Commissioner may, by a notice in the Gazette:
(a) declare a place to be a police station or other police premises; or
(b) assign a name to a police station.
(2) In this section, a “place” means a place that the Crown has appropriated to the
use of the police service.
94 Uniforms and other police property issued to police officers
(1) If a police officer sells, gives away, loses by neglect or wilfully damages any
property that was issued to the police officer by the Commissioner, the police
officer must pay the amount of the loss or damage to the Commissioner.
Example of property
a uniform.
(2) The amount of the loss or damage may be recovered by stopping a police
officer’s salary.
(3) Subsection (1) applies in addition to any disciplinary control that may be
exercised over the police officer.
(4) When a person stops being a police officer, the person must return all property
that was issued to the person as a police officer.
(5) The person must return the property to the officer in charge of the police
station where the person was last stationed within 21 days after ceasing to be a
police officer, unless the person has a reasonable excuse.
(6) The person commits an offence if the person does not return the property in
accordance with this section.
(7) The maximum penalty for the offence is 100 fine units.
(8) A police officer may apply to a magistrate under the Police Powers and Duties
Act 2009 for a warrant to enter a place and search for and seize any property
that has not been returned in accordance with this section.
95 Charges for extraordinary police services
(1) If a member of the police service (whether or not in compliance with any
law):
Police Service Act 2009 Section 96
Act No. 13 of 2009 Page 53
(a) attends a sporting or entertainment event, at the request of the person
conducting or organising the event, for the purposes of maintaining
order; or
(b) provides, at the request of a person, an escort for a vehicle carrying a
long or wide load; or
(c) provides a person with information under section 62, at the person’s
request;
the Commissioner may demand payment by the person of the amount that is
prescribed in the regulations or, if no amount is prescribed in the regulations,
of the amount that the Commissioner considers reasonable.
(2) The regulations may provide for payment of the services mentioned in
subsection (1).
96 Fine units
(1) Fines in this Act are described using a number of fine units, rather than a
number of dollars.
(2) At the commencement of this Act, a fine unit is valued at $10.00.
(3) Once only in every year after the commencement of this Act, a regulation may
prescribe an increased value for a fine unit.
97 Annual report
(1) As soon as practicable after 31 December in each year, the Commissioner
must give the Minister a report on the operations of the police service within
the previous year.
(2) The annual report must be prepared in a way that does not disclose
confidential information.
98 Regulations
(1) The Minister may make regulations, which are consistent with the Act,
prescribing:
(a) matters required or permitted by this Act to be prescribed; and
(b) matters necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) Without limiting subsection (1), the regulations may provide for:
(a) the management and control of the affairs of the police service; and
(b) appeals about appointments, disciplinary control or related action
within the police service; and
Section 99 Police Service Act 2009
Page 54 Act No. 13 of 2009
(c) powers and entitlements of members of the police service; and
(d) duties, obligations and liabilities of members of the police service.
(3) The regulations may provide conditions for police officers that vary from the
Public Service Commission Rules 2000.
(4) The regulations may provide for any matter (other than the duties, obligations
or liabilities of members of the police service) by referring to:
(a) determinations or rulings to be made from time to time by the
Commissioner; or
(b) standards to be set or adopted from time to time by the Commissioner.
(5) The regulations may provide for offences against the regulations punishable
on conviction by:
(a) fines of not more than 100 fine units; and
(b) imprisonment for not more than 2 years.
CHAPTER 6 TRANSITION FROM POLICE ORDINANCE
99 Definition for this Chapter
In this Chapter:
“Police Ordinance” means the Police Act that is repealed by this Act.
100 Continuation of appointments
(1) This section applies if, immediately before the commencement of this section,
a person held an appointment as a member of the police service.
(2) The appointment continues in force and effect:
(a) until the end of the term of the appointment, if any; and
(b) on those conditions of appointment that are consistent with this Act.
101 Continuation of oath or affirmation
An oath or affirmation made by a member of the police service under the Police
Ordinance is taken to be an oath or affirmation made under this Act.
102 Police stations
A place that, immediately before the commencement of this section, was a police
station continues to be a police station under this Act.
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Act No. 13 of 2009 Page 55
103 Police Fund
The Police Fund under the Police Ordinance is taken to be the Police Fund under
this Act.
104 Actions and decisions
(1) This section applies to:
(a) an action taken under a provision of the Police Ordinance, if the action
continued to have effect immediately before the commencement of this
Act; and
(b) a decision made under a provision of the Police Ordinance, if the
decision was in force immediately before the commencement of this
Act.
(2) A “decision” includes an approval, authorisation, certificate, classification,
declaration, determination, direction, instrument, order (given orally or in
writing), notice, permission, policy, procedure, recommendation, warrant or
other decision.
(3) If there is a corresponding provision of this Act for the provision of the Police
Ordinance, the action or decision:
(a) continues in force and effect, according to its terms, but with the
changes that are necessary:
(i) to make it consistent with this Act; and
(ii) to adapt its operation to this Act; and
(b) is taken to have been made, or taken, under the corresponding provision
of this Act.
(4) The action or decision may be amended or repealed under this Act.
105 Proceedings for offences
A proceeding for a breach of discipline, or an offence, that was started under the
Police Ordinance, and was pending at the commencement of this section, may be
continued as if this Act had not been enacted.
106 References to ranks under the Police Ordinance
(1) A police officer who, immediately before the commencement of this section,
held the rank of Corporal is taken to hold the rank of Senior Constable under
this Act.
(2) A reference in any Act or document to a member of the police force, a police
officer or a constable holding another rank that does not exist in this Act, but
Section 107 Police Service Act 2009
Page 56 Act No. 13 of 2009
did exist under the Police Ordinance, is taken to be a reference to a police
officer holding a corresponding rank under this Act.
107 Reference to the Police Ordinance
If the context permits, a reference to the Police Ordinance in an Act or document is
taken to be a reference to this Act.
CHAPTER 7 REPEAL
108 Police Act repealed
The Police Act that commenced on 31 August 1965 is repealed.
