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Nauru Police Force Act 1972 - Police Regulations 1972

REPUBLIC OF NAURU

NAURU POLICE FORCE ACT 1972

POLICE REGULATIONS 1972

ARRANGEMENT OF REGULATIONS

Regulation

PART I
PRELIMINARY

1. Short title

PART II
APPOINTMENT

2. Declaration on joining Force or Reserve
3. Medical examinations
4. Physical standards

PART III
LEAVE

5. Recreation leave and furlough
6. Public holidays
7. Sick leave
8. Other leave of absence
9. Powers vested in Director

PART IV
OVERTIME AND ALLOWANCES

10. Application of Part III of the Public Service Act 1961-1971

PART V
DISCIPLINE

11. Procedure at trials for offences against discipline
12. Accused to be supplied with copy of charge
13. Representation of accused
14. Plea
15. Evidence
16. Reasoned findings to be recorded

PART VI
NAURU POLICE FORCE RESERVE

17. Notice of appointment
18. Training
19. Pay and Allowances
20. Notice of termination of appointment

PART VII
GENERAL

21. Absence without leave
22. Attendance as a witness
23. Police officers not to comment on certain matters
24. Information not to be divulged
25. Outside influence
26. Gifts not to be solicited or accepted
27. Borrowing or lending money
28. Contracts
29. Complaints, grievances and petitions
30. Issue of arms, equipment, etc.
31. Issue of firearms and ammunition
32. Safeguarding of firearms and ammunition
33. Discharge of firearms

First Schedule – Declaration on appointment as a police officer
Second Schedule - Notice of appointment of Reserve officer
Third Schedule - Notice terminating appointment of Reserve officer

IN EXERCISE of the powers conferred on me by section 50 of the Nauru Police Force Act 1972, I hereby make the following Regulations -

PART I - PRELIMINARY

SHORT TITLE

1. These Regulations may be cited as the Police Regulations 1972.

PART II - APPOINTMENT

DECLARATION ON JOINING FORCE OR RESERVE

2. (1) Every police officer shall, on joining the Force or the Reserve, make a declaration on oath or affirmation in the form set out in the First Schedule to these Regulations.

(2) The Director, if not a serving police officer immediately prior to his appointment, shall make the declaration before the Chief Secretary. Every other police officer shall make the declaration before the Director.

MEDICAL EXAMINATIONS

3. (1) Prior to enlistment or re-enlistment for any period, every police Officer shall be passed medically fit by a medical officer on such medical examination as the Director may direct:

Provided that, where any person normally resident outside Nauru is appointed to be the Director, he shall be passed as medically fit by such person, and on such examination, as the Chief Secretary shall direct.

(2) A police officer shall submit himself to medical examination by a medical officer whenever required by the Director.

PHYSICAL STANDARDS

4. The Director may from time to time lay down the physical standards required to be met by applicants for appointment to the Force and may waive compliance with those standards in any particular case.

PART III - LEAVE

RECREATION LEAVE AND FURLOUGH

5. The provisions of Divisions 2 and 4 of Part IV of the Public Service Act 1961-1971 shall be deemed to apply to members of the Force.

PUBLIC HOLIDAYS

6. The Director may require members of the Force to undertake duties on public holidays but any member of the Force required to perform duties on a public holiday shall be entitled to receive -

(a) overtime payment for the hours during which such duties are performed; or

(b) an equivalent time as additional recreational leave,

as the Director shall direct.

SICK LEAVE

7. The provisions of Division 3 of Part IV of the Public Service Act 1961-1971 shall be deemed to apply to members of the Force.

OTHER LEAVE OF ABSENCE

8. The provisions of Division 5 of Part IV of the Public Service Act 1961-1971 shall be deemed to apply to members of the Force.

POWERS VESTED IN DIRECTOR

9. For the purpose of the application of the provisions of Part IV of the Public Service Act 1961-1971 to members of the Force, the powers vested in the Public Service Commissioner by the Act shall be vested in, and exercisable by, the Director.

PART IV - OVERTIME

APPLICATION OF PART III OF THE PUBLIC SERVICE ACT 1961-1971

10. (1) The Provisions of Part III of the Public Service Act 1961-1971, other than Division l and section 39, shall be deemed to apply, so far as they may be applicable, to members of the Force and overtime payments shall be made in respect of all hours in excess of forty hours during which duties are performed by any officer in any week, that is to say, between Monday and Sunday, both days inclusive.

(2) For the purpose of applying Part III of the Public Service Act 1961-1971, members of the Force shall be deemed to be shift workers.

PART V - DISCIPLINE

PROCEDURE AT TRIALS FOR OFFENCES AGAINST DISCIPLINE

11. The procedure provided for in this Part shall apply to all proceedings heard by the Director under the provisions of section 36 of the Act.

ACCUSED TO BE SUPPLIED WITH COPY OF CHARGE

12. The officer charged with an offence against discipline (in this Part referred to as "the accused") shall be supplied with a copy of the charge prior to the hearing.

REPRESENTATION OF ACCUSED

13. (1) The Director may, in his discretion, allow the accused to be assisted by another police officer chosen by the accused and, when such permission is given, his defence may be conducted by such officer:

Provided that the Director shall not impose a punishment of dismissal or reduction in rank if he has refused such permission.

(2) The accused may not be represented by a barrister and solicitor or a pleader.

(3) The Director shall appoint a police officer to prosecute.

(4) A police officer who is for the time being a member of the Police Service Board shall not assist the accused or be appointment to prosecute.

PLEA

14. (1) At the commencement of the hearing the Director shall read the charge to the accused and call upon the accused to plead "guilty" or "not guilty".

(2) If the accused pleads "guilty", the Director shall satisfy himself as to the facts admitted by the accused and if they constitute the offence charged or any other disciplinary offence, shall, subject to paragraph (5) of this regulation, find him guilty and forthwith impose such punishment as he thinks just.

(3) The Director shall record fully in writing the accused's plea, the facts admitted by him and the punishment imposed.

(4) If the accused pleads "not guilty" or, having pleaded "guilty", does not admit the facts alleged to constitute the offence charged and is not found guilty of any other disciplinary offence on his own admissions, the Director shall proceed to hear the evidence and determine the issues in the charge.

(5) Where the accused admits facts which constitute an offence less serious than the offence charged, the Director is not obliged to find him guilty of the lesser offence and may, if he thinks fit, refuse to do so and proceed to try him for the offence charged.

EVIDENCE

15. (1) No documentary evidence shall be used in any proceedings unless the accused has been given access thereto prior to the hearing.

(2) The evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the accused.

(3) The evidence given at the proceedings need not be taken down in full, but the substance and material points thereof must be recorded in writing.

(4) The accused shall have the right to cross-examine each witness giving evidence against him and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness.

(5) The accused shall be asked if he desires to give evidence in his own defence and to call witnesses and, if he does so desire, shall be given a reasonable opportunity to do so.

REASONED FINDINGS TO BE RECORDED

16. (1) Where in any case the Director has heard evidence in order to determine the issues in the charge, he shall record in writing reasoned findings in respect of those issues.

(2) If he finds the accused guilty of the offence charged, or of any less serious offence of a similar nature, he shall forthwith impose such punishment as he thinks just and shall record such punishment in writing.

PART VI - NAURU POLICE FORCE RESERVE

NOTICE OF APPOINTMENT

17. Every reserve officer shall, on appointment as such, receive a notice of appointment in the form set out in the Second Schedule to these Regulations.

TRAINING

18. Every reserve officer shall undertake such training as the Director may order:

Provided that no reserve officer shall be required to attend for training before five o'clock in the afternoon on any day other than a Saturday or to attend for training on a Sunday.

PAY AND ALLOWANCES

19. (1) Reserve officers shall be paid for each hour, or part of an hour, during which they attend for duty or training. The rates of pay shall be such as the Minister may from time to time direct by notice in the Gazette.

(2) Except as expressly provided in the last preceding paragraph of this regulation, a reserve officer shall not be entitled to any remuneration in respect of his services as such.

NOTICE OF TERMINATION OF APPOINTMENT

20. Notice of termination of the appointment of a reserve officer shall be in the form set out in the Third Schedule to these Regulations.

PART VII - GENERAL

ABSENCE WITHOUT LEAVE

21. (1) A police officer shall not be absent from duty without authorised leave, unless reasonable cause is shown.

(2) if a police officer is prevented by illness or other emergency from attending duty, he shall, as soon as possible, advise his superior officer of the circumstances, and furnish any further particulars which his superior officer considers necessary.

(3) Without prejudice to any other action that may be taken for a breach of this regulation, where an officer's absence from duty has not been sanctioned, he shall not receive pay for the period of his absence.

(4) Notwithstanding that his absence from duty is authorised, a police officer shall not depart from Nauru without the express written permission of the Director.

ATTENDANCE AS A WITNESS

22. (1) A member of the Force summoned or called as a witness before a Court or the Nauru Lands Committee shall immediately advise his superior officer of the fact.

(2) A member of the Force required as a witness on behalf of the Republic is not entitled to receive any witness' fee but shall be granted leave with pay for the period during which he was necessarily absent from duty.

(3). A member summoned or called as a witness before a Court or the Nauru Lands Committee otherwise than as a witness on behalf of the Republic shall be granted leave but, unless otherwise determined by the Director, the leave shall be without pay and any fees received by the member as a witness may be retained by him.

POLICE OFFICERS NOT TO COMMENT ON CERTAIN MATTERS

23. A police officer shall not -

(a) use for any purpose, other than the discharge of his official duties, information gained by or conveyed to him through his connection with the Force or the Reserve; or

(b) except with the consent of the Director publicly comment upon administrative action or upon the administration of the Force or the Reserve.

INFORMATION NOT TO BE DIVULGED

24. Except in the course of official duty, a police officer shall not divulge, directly of indirectly, any information concerning public business or any matters of which he has knowledge officially.

OUTSIDE INFLUENCE

25. A police officer shall not seek the influence or interest of any person in order to obtain promotion, transferor other advantage.

GIFTS NOT TO BE SOLICITED OR ACCEPTED

26. A police officer shall not, directly or indirectly, solicit or accept gifts or presents from a member of the public interested, directly or indirectly, in a matter connected with the duties of his office or in which the Force or the Reserve is interested.

BORROWING OR LENDING MONEY

27. (1) A police officer shall not, either as principal or agent, enter into a monetary transaction with another police officer, whereby any interest or other return in money or kind is charged or paid.

(2) A police officer shall not borrow any money from any of his subordinates.

CONTRACTS

28. No police officer, unless duly authorised, shall incur any liability or enter into any contract on behalf of the Force, the Reserve or the Republic, or alter the terms or conditions of any approved contract, or purport or attempt so to do.

COMPLAINTS, GRIEVANCES AND PETITIONS

29. (1) Subject to the provisions of the next following paragraph of this regulation, every police officer shall be entitled to make any complaint or application, either orally or in writing, to his superior officer who shall, on the request of the officer making such complaint or application, forward the same to the Director without delay.

(2) No police officer shall -

(a) together with any other police officer prepare or sign any complaint, petition or statement of grievances in relation to any matter concerning the Force or the Reserve;

(b) petition the Minister in relation to any complaint or grievance unless such complain or grievance has been previously communicated in writing through his superior officer to the Director and the reply of the Director relating to such a complaint or grievance has been communicated to the officer making the same; or

(c) put forward any anonymous communication whatsoever to any officer in the Force or the Reserve.

ISSUE OF ARMS, EQUIPMENT, ETC.

30. (1) Police officers shall be issued with such arms, ammunition, equipment and clothing as may from time to time be determined by the Director.

(2) Subject to the provisions of section 42 of the Act, all arms, ammunition, equipment and clothing whatsoever issued to any police officer under the provisions of this regulation shall remain the property of the Republic.

(3) Arms, ammunition, equipment, clothing and stores issued to any police officer shall be used for police purposes only.

ISSUE OF FIREARMS AND AMMUNITION

31. (1) No firearm or ammunition for a firearm shall be issued by any police officer to himself or to any other police officer except upon, and in accordance with, the directions of the Director.

(2) The Director shall not, except with the prior approval of the Minister, direct -

(a) that any firearm be issued otherwise than for the purpose of arms drill or for training or practice in the firing of firearms; or

(b) that any ammunition for a firearm be issued except for training or practice in the firing of firearms.

SAFEGUARDING OF FIREARMS AND AMMUNITION

32. A police officer to whom a firearm or ammunition for a firearm has been issued shall safeguard it at all times while it remains in his possession and shall not part with possession of it except in accordance with a direction given to him by the Director or another superior officer.

DISCHARGE OF FIREARMS

33. A police officer shall not carry or discharge a firearm issued to trim except upon, and in accordance with, the orders of a superior officer.

MADE at Yaren this 10th day of October 1972.

J.D. Audoa
Minister for Justice

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FIRST SCHEDULE

(Regulation 2)

DECLARATION ON APPOINTMENT AS A POLICE OFFICER

I, ................ do solemnly and sincerely declare that I will be faithful and bear true allegiance to the Republic of Nauru, and that I will faithfully serve the Republic during my service in the Nauru Police Force and will obey all orders of the officers placed over me and will subject myself to all Acts, Regulations and Orders relating to the Police Force now in force or which may from time to time be in force.

Signature of Police Officer: ................................

Declared at ............................. this .................... day of .............................. 19....

(Signature of officer before whom declaration is made).

SECOND SCHEDULE

(Regulation 17)

NOTICE OF APPOINTMENT OF RESERVE OFFICER

To .............................................. of ................................

Take notice that in exercise of the powers conferred by section 7 of the Nauru Police Force Act 1972, I have appointed you to be a Reserve officer in the Nauru Police Force Reserve with effect from the ........................... day of ....................... 19..........

Dated this .............................. day of ...................... 19..........

(Director of Police)

THIRD SCHEDULE

(Regulation 20)

NOTICE TERMINATING APPOINTMENT OF RESERVE OFFICER

To .................................. of ...............................

Take notice that, in exercise of the powers conferred by subsection (1) of section 13 of the Nauru Police Force Act 1972, your appointment as a reserve officer made on the ................ day of.................., 19........., is hereby terminated with effect from the ........................ day of .................., 19........., and that you are hereby required to deliver up your letter of appointment, and all arms, ammunition, equipment and clothing whatsoever which have been supplied to you under the provisions of the Nauru Police Force Act 1972, to me within one week of the date of service of this notice upon you.

Dated this .................. day of....................., 19.............

(Director of Police)

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