Legislative Council Fifty-Third Parliament, Second Session (53-2) 53 2 Parliament of South Australia Legislative Council published Bills Police Complaints and Discipline Bill Police Complaints and Discipline Bill Police Complaints and Discipline Bill Second Reading Second Reading Adjourned debate on second reading. (Continued from 17 November 2016.) The Hon. P. MALINAUSKAS Legislative Council Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (15:54): I thank everyone for their contribution thus far and look forward to— Members interjecting: The ACTING PRESIDENT Legislative Council Hon. J.S.L. Dawkins The ACTING PRESIDENT (Hon. J.S.L. Dawkins): Order! I cannot hear the minister. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I thank everyone for their contribution thus far and look forward to discussing the bill further in the committee stage. Bill read a second time. Committee Stage Committee Stage In committee. Clause 1. The Hon. A.L. McLACHLAN Legislative Council The Hon. A.L. McLACHLAN: I indicate that the opposition will not be opposing the proposed amendments of the government. However, we will seek an explanation of those amendments for the benefit of Hansard, although I thank the Attorney-General's staff for giving myself and the shadow attorney a brief on the amendments, particularly those which have been more recently filed. For the benefit of the chamber, I think it is appropriate that we understand the effect of each amendment. The Hon. R.L. BROKENSHIRE Legislative Council The Hon. R.L. BROKENSHIRE: This will be my only contribution, which I am sure will make some members happy. This bill has been handled in a very ordinary way up to this point. My prime focus on behalf of Family First was to ensure that the police officers themselves had fairness within this bill, and I do not believe they had that last sitting week. A secondary benefit from what I advised the house of last sitting week was that I did not want to see the Police Association having to personally take on the Minister for Police in the first instance when we know that we want to support him to grow into his leader's position in another house. We raised the debacle in the chamber, and we highlighted the fact that the government had an arrow on this in the last sitting week and they were going to push it through. Had it gone through in that last sitting week, probably at least 4,500 of the 4,600 police officers in this state would have been very unhappy, but we have moved on since then. I congratulate the Attorney-General for listening to the concerns of the police. I also now give support to the Attorney-General's staff. This is not a bill of the police minister, by the way. Of course, he has carriage of this up here as our police minister, but this is a bill of the Attorney-General, and I want to put that clearly on the record as well so that when police read this they understand that this is not a police minister's piece of legislation. When I was police minister, I always liked to differentiate between the attorney-general and the police minister because sometimes, not that often but sometimes, I had a different point of view as the police minister to that of the attorney-general, and that may well be the case between this police minister and this Attorney-General. Having said that, so that the community understands, to give credit to the Attorney-General, he did listen, he did sit down with the Police Association and his advisers realised that they would be in all sorts of bother if they had pushed it through last sitting week. I have one amendment, but I am withdrawing that amendment. I give the chamber notice of that now. The reason I am withdrawing that amendment is that the government has now filed amendments which are clearly going to be considered this afternoon. I am advised by all of the people that I consult with, and also by the Attorney-General's office and particularly by the Police Association of South Australia and Mr Mark Carroll the president, that whilst police are not 100 per cent happy with what is in this legislation—and some of this is fairly tough and Draconian on police. As I said when we last debated this, no scrutiny is put on anyone else, not politicians, not judges, not ministers; I cannot think of anybody else in the workplace that has scrutiny put on it as is the case with this legislation that we are debating today. But the police are prepared to accept that because they realise the importance of integrity and of keeping South Australia Police as the most respected police force in Australia and, indeed, one of the most respected in the world. So, these amendments here now have agreement between government and the Police Association on behalf of the police, and Family First therefore supports these amendments. I withdraw my amendment and I look forward now to speedy passage of the bill. Clause passed. Clause 2 passed. Clause 3. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 1 [Police–1]— Page 6, after line 6—Insert: designated officer means a person who is— (a)	a member of SA Police; or (b)	a police cadet; or (c)	a special constable; This amendment is a response to objections by the Police Association to the definition of 'police officer' in the bill; 'designated officer' will replace 'police officer' in clause 3. It is the term used in the Police Complaints and Disciplinary Proceedings Act 1985. Amendment carried. The Chair Legislative Council The CHAIR: Do you want to move all your amendments to clause 3? The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: Yes, Mr Chair. They are all consequential. I move: Amendment No 2 [Police–1]— Page 6, lines 18 to 21 [clause 3(1), definition of police officer]—Delete the definition Amendment No 3 [Police–1]— Page 6, line 22 [clause 3(1), definition of police public servant]—Delete 'police officer' and substitute 'designated officer' Amendment No 4 [Police–1]— Page 6, line 25 [clause 3(1), definition of party]—Delete 'police' and substitute 'designated' Amendment No 5 [Police–1]— The Hon. A.L. McLACHLAN Legislative Council The Hon. A.L. McLACHLAN: As I indicated in clause 1, I would appreciate it if the minister could put on Hansard the rationale behind these amendments so that we can have a record of the purpose of them and their effect. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I think I just did. The Hon. Mr McLachlan might not be aware but I stated that this is in response to the Police Association's concern regarding the definition of 'police officer' in the bill; 'designated officer' will replace 'police officer' in clause 3. It is the term used in the Police Complaints and Disciplinary Proceedings Act 1985. Then there are a total of 80 consequential amendments as a result of this change. Amendments carried; clause as amended passed. Clause 4 passed. Clause 5. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: My advice is that amendments Nos 2 to13, 15 to 44, 46 to 54, 56 to 66, 68 to 77 and 79 to 86 are all consequential. I move: Amendment No 5 [Police–1]— Page 7, line 8 [clause 5(1)]—Delete 'police' and substitute 'designated' Amendment No 6 [Police–1]— Page 7, line 10 [clause 5(2)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 6. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 7 [Police–1]— Page 7, line 31 [clause 6(4)]—Delete 'police officers' and substitute 'designated officers,' Amendment carried; clause as amended passed. Clause 7. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 8 [Police–1]— Page 7, line 35 [clause 7(1)]—Delete 'police' and substitute 'designated' Amendment No 9 [Police–1]— Page 8, line 2 [clause 7(2)(d)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 8. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 10 [Police–1]— Page 8, line 12 [clause 8(a)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 9. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 11 [Police–1]— Page 8, line 22 [clause 9(1)(b)]—Delete 'police' and substitute 'designated' Amendment No 12 [Police–1]— Page 8, line 28 [clause 9(2)(b)]—Delete 'police' and substitute 'designated' Amendment No 13 [Police–1]— Page 8, line 30 [clause 9(3)]—Delete 'police' and substitute 'designated' Amendments carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 14 [Police–1]— Page 8, line 33 [clause 9(3)(b)(i)]—Delete 'is of the opinion' and substitute 'believes on reasonable grounds' Clause 9 provides for the complainant and each police officer who is the subject of a complaint to be informed of the progress and resolution of the complaint. However, the commissioner or the ICAC need not keep a police officer who is the subject of a complaint so informed if a complaint is dealt with under clause 15, or the commissioner is of the opinion that so informing the police officer would prejudice the investigation of the complaint, or the complaint raises a potential issue of corruption in public administration that could be the subject of a prosecution. The amendment inserts a higher test for the withholding from an officer who is the subject of an investigation information about the progress and resolution of a complaint. Amendment carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 15 [Police–1]— Page 8, line 34 [clause 9(3)(b)(i)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 10. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 16 [Police–1]— Heading to Part 2 Division 1, page 9, line 2—Delete 'police' and substitute 'designated' Amendment No 17 [Police–1]— Page 9, line 4 [clause 10(1)]—Delete 'police' and substitute 'designated' Amendment No 18 [Police–1]— Page 9, line 7 [clause 10(2)]—Delete 'police' and substitute 'designated' Amendment No 19 [Police–1]— Page 9, line 9 [clause 10(3)(a)]—Delete 'police officer (not being a police' and substitute 'designated officer (not being an' Amendment No 20 [Police–1]— Page 9, line 12 [clause 10(3)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 11. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 21 [Police–1]— Page 9, line 27 [clause 11(1)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 12. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 22 [Police–1]— Page 9, line 34 [clause 12(1)]—Delete 'police' and substitute 'designated' Amendment No 23 [Police–1]— Page 9, line 35 [clause 12(1)]—Delete 'police' and substitute 'designated' Amendment No 24 [Police–1]— Page 10, line 3 [clause 12(2)(a)]—Delete 'police' and substitute 'designated' Amendment No 25 [Police–1]— Page 10, line 8 [clause 12(3)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 13. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 26 [Police–1]— Page 10, line 11 [clause 13(1)]—Delete 'police officer' and substitute 'designated officer' Amendment carried; clause as amended passed. Clause 14 passed. Clause 15. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 27 [Police–1]— Page 11, line 26 [clause 15(d)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 16. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 28 [Police–1]— Page 11, line 35 [clause 16(1)(b)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 17. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 29 [Police–1]— Page 12, line 17 [clause 17(2)(a)]—Delete 'police' and substitute 'designated' Amendment No 30 [Police–1]— Page 12, line 25 [clause 18(2)(a)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 18. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 31 [Police–1]— Page 12, line 27 [clause 18(2)(b)]—Delete 'police' and substitute 'designated' Amendment No 32 [Police–1]— Page 12, line 28 [clause 18(2)(b)]—Delete 'police' and substitute 'designated' Amendment No 33 [Police–1]— Page 13, line 4 [clause 18(4)]—Delete 'police' and substitute 'designated' Amendment No 34 [Police–1]— Page 13, line 5 [clause 18(4)(a)]—Delete 'police' and substitute 'designated' Amendment No 35 [Police–1]— Page 13, line 8 [clause 18(4)(b)]—Delete 'police officer' and substitute 'designated officer' Amendment No 36 [Police–1]— Page 13, line 9 [clause 18(4)(c)]—Delete 'police' and substitute 'designated' Amendment No 37 [Police–1]— Page 13, line 10 [clause 18(4)(d)]—Delete 'police' and substitute 'designated' Amendment No 38 [Police–1]— Page 13, line 14 [clause 18(5)(a)(i)]—Delete 'police' and substitute 'designated' Amendment No 39 [Police–1]— Page 13, line 16 [clause 18(5)(a)(ii)]—Delete 'police' and substitute 'designated' Amendment No 40 [Police–1]— Page 13, line 20 [clause 18(5)(b)(i)]—Delete 'police' and substitute 'designated' Amendment No 41 [Police–1]— Page 13, line 26 [clause 18(6)(a)]—Delete 'police' and substitute 'designated' Amendment No 42 [Police–1]— Page 13, line 30 [clause 18(6)(b)]—Delete 'police' and substitute 'designated' Amendment No 43 [Police–1]— Page 13, line 33 [clause 18(7)(a)]—Delete 'police' and substitute 'designated' Amendment No 44 [Police–1]— Page 13, line 34 [clause 18(7)(a)]—Delete 'police' and substitute 'designated' Amendments carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 45 [Police–1]— Page 13, line 36 [clause 18(7)(b)]—Delete '6' and substitute '3' Clause 18 sets out the procedure for management resolution of complaints and reports. As part of a management resolution, the commissioner may, under clause 18(4)(a) and (b), impose a restriction on the ability of the police officer to work in a specified position or to perform specified duties within South Australia Police or remove or impose conditions on any accreditation permit or authority granted by SA Police to the police officer. Clause 18(7) requires that the commissioner revoke action taken under clause 18(4)(a) or (b) if the police officer successfully completes the required remedial educational training and has demonstrated to the commissioner that the police officer is competent and capable of carrying out specified duties or a period of six months has elapsed since the action was taken, whichever occurs first. This amendment reduces the period of six months to three months. The Hon. A.L. McLACHLAN Legislative Council The Hon. A.L. McLACHLAN: The opposition supports this amendment. Amendment carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 46 [Police–1]— Page 13, line 39 [clause 18(8)]—Delete 'police' and substitute 'designated' Amendment No 47 [Police–1]— Page 14, line 3 [clause 18(9)(a)]—Delete 'police' and substitute 'designated' Amendment No 48 [Police–1]— Page 14, line 7 [clause 18(9)(b)]—Delete 'police' and substitute 'designated' Amendment No 49 [Police–1]— Page 14, line 10 [clause 18(10)]—Delete 'police' and substitute 'designated' Amendment No 50 [Police–1]— Page 14, line 14 [clause 18(11), definition of prescribed determination, (a)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 19. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 51 [Police–1]— Page 14, line 27 [clause 19(2)(b)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 20 passed. Clause 21. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 52 [Police–1]— Page 15, line 17 [clause 21(2)(g)]—Delete 'police' and substitute 'designated' Amendment No 53 [Police–1]— Page 15, line 25 [clause 21(5)]—Delete 'police' and substitute 'designated' Amendment No 54 [Police–1]— Page 15, line 31 [clause 21(7)]—Delete 'police' and substitute 'designated' Clause 21(7) requires a member of the Internal Investigations Section, before directing a police officer to furnish information, produce property, a document or other record or answer a question relevant to the investigation, to inform the officer of the time and place at which the conduct is alleged to have occurred and the nature of the alleged conduct. Amendments carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 55 [Police–1]— Page 15, line 36 [clause 21(9)]—Delete 'is of the opinion' and substitute 'believes on reasonable grounds' Clause 21(9) provides that if a member of the IIS is of the opinion that so informing the officer may prejudice the investigation, the particulars need not be provided to the police officer. The amendment provides a higher test for withholding of particulars. Amendment carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 56 [Police–1]— Page 15, line 37 [clause 21(9)]—Delete 'officer' and substitute 'designated officer' Amendment No 57 [Police–1]— Page 15, line 38 [clause 21(10)]—Delete 'police' and substitute 'designated' Amendment No 58 [Police–1]— Page 16, line 4 [clause 21(11)]—Delete 'police' and substitute 'designated' Amendment No 59 [Police–1]— Page 16, line 14 [clause 21(12)]—Delete 'police' and substitute 'designated' Amendment No 60 [Police–1]— Page 16, line 17 [clause 21(12)]—Delete 'police' and substitute 'designated' Amendment No 61 [Police–1]— Page 16, line 19 [clause 21(13)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 22. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 62 [Police–1]— Page 17, line 2 [clause 22(4)]—Delete 'police' and substitute 'designated' Amendment No 63 [Police–1]— Page 17, line 9 [clause 22(7)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 23. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 64 [Police–1]— Page 17, line 13 [clause 23(1)(a)]—Delete 'police' and substitute 'designated' Amendment No 65 [Police–1]— Page 17, line 15 [clause 23(1)(b)]—Delete 'police' and substitute 'designated' Amendment No 66 [Police–1]— Page 17, line 16 [clause 23(1)]—Delete 'police' and substitute 'designated' Amendments carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 67 [Police–1]— Page 17, after line 16—Insert: (1a)	Subject to subsection (1b), a suspension will be with remuneration. (1b)	The Commissioner may determine that a suspension will be without remuneration if the Commissioner believes on reasonable grounds that a failure to do so would bring SA Police into disrepute. Currently, a power of the commissioner to suspend a person's appointment or to order suspension includes the power to determine that the period of suspension will be without any remuneration and accrual of any rights and not count as service. Remuneration may only be withheld for more than three months if a person has been committed for a trial for a serious offence or found guilty of a serious offence or has admitted or been found guilty of a breach of the code in respect of which the most probable outcome is termination. Clause 23 allows the commissioner to suspend a police officer's appointment if the officer is charged with an offence or a notice of allegation is, or will be, served on the police officer. If the suspension is revoked then, subject to any determination of the commissioner under the regulations, he or she is entitled to any remuneration or accrual of rights withheld in consequence of the suspension and the period of the suspension will count as service. The amendment will allow the commissioner to suspend an officer without pay only where the commissioner believes, on reasonable grounds, that failure to do so would bring the SA Police into disrepute. The amendment is drafted in recognition that there must be a balance between public confidence in the integrity of SA Police and its ability to deal effectively with officers who fail to meet appropriate standards and the impact that suspension without pay has on the officer and his or her family. The Hon. M.C. PARNELL Legislative Council The Hon. M.C. PARNELL: A question on the explanation the minister has just given, and this is a technical question: the circumstances that the minister has just described, in which an officer might not be paid during the period of their suspension, is that the same issue that amendment No. 87 relates to? Is 87 a consequential amendment, or is that a different issue? The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I am advised that yes, that is correct. Amendment carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 68 [Police–1]— Page 17, line 17 [clause 23(2)]—Delete 'police' and substitute 'designated' Amendment No 69 [Police–1]— Page 17, line 22 [clause 23(3)(a)]—Delete 'police' and substitute 'designated' Amendment No 70 [Police–1]— Page 17, line 25 [clause 23(3)(b)]—Delete 'police' and substitute 'designated' Amendment No 71 [Police–1]— Page 17, line 27 [clause 23(4)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 24. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 72 [Police–1]— Page 17, line 32—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clause 25. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 73 [Police–1]— Page 17, line 38 [clause 25(2)]—Delete 'police' and substitute 'designated' Amendment No 74 [Police–1]— Page 17, line 40 [clause 25(2)(a)]—Delete 'police' and substitute 'designated' Amendment No 75 [Police–1]— Page 18, line 7 [clause 25(3)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 26. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 76 [Police–1]— Page 18, line 17 [clause 26(1)]—Delete 'police' and substitute 'designated' Amendment No 77 [Police–1]— Page 18, line 24 [clause 26(1)]—Delete 'police' and substitute 'designated' Amendments carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 78 [Police–1]— Page 18, line 34 to 37 [clause 26(1)(f)(iv)]—Delete subparagraph (iv) Clause 26 sets out the sanctions that can be imposed on a police officer by the commissioner. The sanctions under subclause (f) are a redraft of the sanctions provided for in the Police Act under section 40. The redrafting was intended, in part, to address matters raised in the recent South Australian District Court in H. v The Commissioner of Police, concerning the correct interpretation of that section. Clause 26(1)(f) provides for separate, rather than a combination of, sanctions to be applied and includes a reduction of member's rank and reduction in any increment level to which the member is entitled under an enterprise agreement. This amendment addresses concerns that a reduction in any increment as a sanction could have unreasonable and unfair impact. The amendment removes the reduction of an increment entitlement under an enterprise agreement as an available sanction under this clause. The Hon. R.L. BROKENSHIRE Legislative Council The Hon. R.L. BROKENSHIRE: I will, just for the public record, clarify this. We would have fought with all the vigour we had to have opposed this, had common sense not prevailed. I still think over $3,000 is more than enough. I have seen no other workplace where you would have been done over in your increments to the level that was proposed and whoever drafted and brought this up in the first place needs to have a good, close look at themselves and think how they would be if they were in some of the positions that police officers are put in and they had to suffer a penalty as was proposed. So, common sense has now prevailed, but it was appalling to think that this was ever passed in House of Assembly. Amendment carried. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 79 [Police–1]— Page 19, line 12 [clause 26(3)]—Delete 'police' and substitute 'designated' Amendment No 80 [Police–1]— Page 19, line 17 [clause 26(4)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clauses 27 to 31 passed. Clause 32. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 81 [Police–1]— Page 21, line 23 [clause 32(3)]—Delete 'police' and substitute 'designated' Amendment No 82 [Police–1]— Page 21, line 24 [clause 32(3)]—Delete 'police' and substitute 'designated' Amendment No 83 [Police–1]— Page 21, line 27 [clause 32(4)(b)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clauses 33 and 34 passed. Clause 35. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 84 [Police–1]— Page 22, line 20 [clause 35(1)(a)]—Delete 'police' and substitute 'designated' Amendment No 85 [Police–1]— Page 22, line 40 [clause 35(7)]—Delete 'police' and substitute 'designated' Amendments carried; clause as amended passed. Clause 36. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 86 [Police–1]— Page 23, line 37 [clause 36(3)]—Delete 'police' and substitute 'designated' Amendment carried; clause as amended passed. Clauses 37 to 49 passed. Schedule 1. The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: I move: Amendment No 87 [Police–1]— Schedule 1, page 40, lines 33 and 34 [Schedule 1, clause 53(c)]—Delete paragraph (c) I might just reflect on the Hon. Mr Brokenshire's remarks earlier and that is, luckily, we have a house of review. The Hon. R.L. Brokenshire Legislative Council The Hon. R.L. Brokenshire: Hear, hear, minister, and long may it reign! The Hon. P. MALINAUSKAS Legislative Council The Hon. P. MALINAUSKAS: Section 40 of the Police Act was intended to provide for a wide range of sanctions, from serious to less serious. However, in the recent case of H v Commissioner of Police, this section was criticised for its drafting omissions and inconsistencies making the task of construction complicated—luckily for judges. Clause 26 of the bill adopts section 40 of the Police Act, and addresses the court's comments by setting out, clearly, what sanctions are available and how they can be ordered. The transitional clause is intended to validate certain orders made under section 40 of the Police Act. This amendment will allow certain orders that affected an officer's entitlement to increments under an enterprise entitlement to be addressed. Amendment carried; schedule as amended passed. Title passed. Bill reported with amendment. Third Reading Third Reading The Hon. P. MALINAUSKAS Legislative Council Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (16:26): I move: That this bill be now read a third time. Bill read a third time and passed.