Home | Databases | WorldLII | Search | Feedback Vanuatu Consolidated Subsidiary Legislation

Police Rules

POLICE RULES

Joint Rules 7 of 1980

ARRANGEMENTS OF RULES

PART 1 − ADMINISTRATION

1. Ranks of the Force

2. Force Orders

PART 2 − SERVICE
3. Qualifications for appointment

4. Promotion examinations

5. Rewards

PART 3 − UNIFORMS
6. Force badge
7. Badges of rank
8. Scale of uniforms and equipment

PART 4 − SUBORDINATE OFFICERS' ASSOCIATION
9. Interpretation

10. Establishment of the Association
11. Membership of the Association
12. Central committee

13. Membership of the central committee
14. Election of central committee members

15. Central committee meetings

16. Procedure at meetings
17. Representations by the central committee
18. Suspension of central committee

PART 5 − DISCIPLINE
19. Offences against discipline

20. Prior notice of disciplinary charge
21. Assistance with defence
22. Documentary evidence
23. Witnesses
    

SCHEDULE − Force Badge

To provide for the good order and government of the Vanuatu Police Force.

PART 1 − ADMINISTRATION

1. Ranks of the Force
The Force shall consist of the following ranks with relative seniority in the order in which they are listed–

(a) Senior Officers

Commissioner

Deputy Commissioner

Assistant Commissioner

Superintendent

Chief Inspector

Senior Inspector

Inspector

(b) Subordinate Officers

Senior Sergeant

Sergeant Corporal

Constable

2. Force Orders
(1) Force Orders made by the Commissioner under the provisions of section 6(1)(b) of the Police Act, Cap. 105 (hereafter called "the Act") may be published as Force Standing Orders or as Force Routine Orders.

(2) As soon as is practicable after the making of any Force Order, the Commissioner shall cause a copy to be sent to every officer in charge of police who shall take all reasonable steps to bring the Force Order to the attention of the members under his command.

(3) It is the duty of every member to make himself familiar with the provisions of all Force Orders for the time being in force and ignorance of any such force order shall not afford any excuse for its non-observance.

(4) Failure to comply with a Force Order shall constitute an offence against discipline under the provisions of section 57 of the Act.

(5) Every Force Order shall be treated as a confidential document and its contents shall not be communicated to any person other than a member of the Force without the express authority of the Commissioner.

PART 2 − SERVICE

3. Qualifications for appointment
(1) A candidate for appointment to the Force shall –

(a) have reached the age of 18 years and shall not be over the age of 30 years;

(b) be certified by a Government medical officer to be in good health, of sound constitution and fitted both physically and mentally to perform the duties on which he will be employed after appointment;

(c) have a minimum height of 1.70 metres (5 feet 8 inches);

(d) have a minimum education certificate of a Senior Primary Certificate or a Certificate d'Etudes Primaire or pass a Police Entrance Examination;

(e) be of good moral character.

(2) The Police Service Commission may, acting on the recommendation of the Commissioner, approve the dispensing of one or more of the conditions prescribed in subrule (1) when they consider that a candidate has special qualifications of value to the Force.

4. Promotion examinations
(1) Other than in the case of a Sergeant who is appointed to the rank of Senior Sergeant, no subordinate officer shall be appointed to a higher rank unless he has first passed the promotion examination appropriate to that rank.

(2) Promotion examinations shall be held at least twice annually in such form and at such places and on such dates as the Commissioner may decide.

(3) Except where, in special circumstances, a subordinate officer is required for duty for which no substitute is available, leave shall be given for attendance at a promotion examination held under the provisions of these rules and such attendance shall be deemed to be an occasion of duty for the payment of allowances and expenses.

(4) Every constable shall be eligible to sit the corporal's promotion examination after he has completed one year's service in the Force.

(5) A subordinate officer shall be eligible to sit the sergeant's promotion examination with effect from the date of his promotion to corporal and the inspector's promotion examination with effect from the date of his promotion to sergeant.

5. Rewards
(1) Rewards in recognition of merit may be given by the Commissioner to members of the Force for –

(a) exceptional acts of courage and devotion to duty;

(b) outstanding efficiency in the performance of duty;

(c) service to the community.

(2) Rewards may take one or more of the following forms –

(a) a Commissioner's commendation awarded to one or more members of the Force and published in such official form as the Commissioner may decide;

(b) extra leave not exceeding 5 days;

(c) a cash award not exceeding VT 5,000, such money to be paid from public funds allocated for the purpose.

PART 3 − UNIFORMS

6. Force Badge
The Force Badge shall be of the pattern specified in the Schedule.

7. Badges of rank
The badges of rank to be worn by members of the Force shall be –

2 chevrons on each sleeve for Corporals;

(b) 3 chevrons on each sleeve for Sergeants;

(c) 3 chevrons and 1 crown on each sleeve for Senior Sergeants;

(d) 1 star on each epaulet for Inspectors;

(e) 2 stars on each epaulet for Senior Inspectors;

(f) 3 stars on each epaulet for Chief Inspectors;

(g) 1 crown on each epaulet for Superintendents;

(h) 1 crossed tipstaves on each epaulet for Assistant Commissioner;

(i) 1 crossed tipstaves and 1 star on each epaulet for Deputy Commissioner;

(j) 1 crossed tipstaves and crown on each epaulet for Commissioner.

8. Scale of uniforms and equipment
Members of the Force shall be supplied with such uniforms and equipment as may from time to time be prescribed by the Commissioner.

PART 4 − SUBORDINATE OFFICERS’ ASSOCIATION

9. Interpretation
In this part unless the context otherwise requires –

"Association" means the Subordinate Officers' Association established by rule 10;

"Central Committee" means the central committee of the Subordinate Officers' Association established by rule 12.

10. Establishment of the Association
In accordance with the provisions of section 52(3) of the Act, there is hereby established an association to be known as the Subordinate Officers' Association, the object of which is to enable subordinate officers to bring to the notice of the Government any matter affecting their welfare and efficiency, other than questions of discipline or promotion.

11. Membership of the Association
All Subordinate Officers shall be members of the Association without payment of any membership fee or subscription.

12. Central committee
There shall be established a central committee which shall act as the executive body of the Association.

13. Membership of the central committee
(1) The central committee shall consist of –

(a) one member representing each police district and elected from their number by members of the Association stationed in the district; and

(b) one member representing Force Headquarters and elected from their number by members of the Association stationed at Force Headquarters.

(2) The central committee shall elect from its members a chairman and a secretary at its first ordinary meeting prescribed by rule 15.

14. Election of central committee members
(1) Elections for central committee members shall be held in police districts and at Force Headquarters in November of each year and such members shall hold office for 1 calendar year from 1 January next following their election.

(2) Every member of the Association in any police district or at Force Headquarters shall have the right to vote at the election of the member of the central committee for that police district or Force Headquarters as the case may be and may have 1 vote and no more for any one of the candidates.

(3) Subject to the approval of the Commissioner, the central committee may provide for the mode of election of the members thereof and for the filling of casual vacancies occurring among such members.

15. Central committee meetings
(1) Subject to the requirements of the Force, the central committee shall hold ordinary meetings, each lasting no more than 1 day, at 4-monthly intervals during its period of office on such dates and at such places as may be approved by the Commissioner.

(2) Nothing in subrule (1) shall prevent the holding of any extraordinary meeting for a special purpose with the consent of the Commissioner.

(3) Except where, in special circumstances, a central committee member is required for duty for which no substitute is available, leave shall be given for attendance at all meetings duly held under the provisions of this rule and every such attendance shall be deemed to be an occasion of duty for the payment of allowances and expenses.

16. Procedure at meetings
(1) The chairman at any meeting of the central committee shall have a casting, as well as a deliberative vote. The quorum of a meeting of the central committee shall be 60 per cent of the membership.

(2) The secretary of the central committee shall keep minutes of the meeting of the committee and shall, within 30 days after the end of any such meeting, forward 2 copies of the minutes thereof to the Commissioner and 1 copy to each of the members of the committee.

(3) Subject to the provisions of these rules, the central committee may regulate its own procedure, including the appointment of committees and subcommittees.

17. Representations by the central committee
(1) The central committee may at any time submit representations in writing to the Commissioner and, through the Commissioner, to the Minister and shall consider and report upon any matter referred to it by the Commissioner or by the Minister through the Commissioner.

(2) All such representations and reports shall be submitted to the Commissioner by the normal Force channels of correspondence and in conformity with the provisions of any regulations or orders for the time being in force relating to the submission of reports.

18. Suspension of central committee
(1) The Commissioner may, with the prior approval of the Minister, at any time suspend a central committee if he considers that the interests of the Force require that such committee shall forthwith cease to function.

(2) The suspension of a central committee shall include the suspension of any committee or subcommittee appointed by such central committee.

PART 5 − DISCIPLINE

19. Offences against discipline
Any member of the Force who –

(a) is disrespectful in word, act or demeanour to a superior officer;

(b) wilfully disobeys any lawful order;

(c) is guilty of drunkeness;

(d) renders himself unfit for duty through intoxication;

(e) drinks or solicits intoxicating liquor whilst on duty;

(f) enters or is in any place licensed for the sale of intoxicating liquor whilst on duty except in the execution of that duty;

(g) without cause fails to appear or appears late for duty;

(h) is guilty of cowardice;

(i) is found sleeping at his post, or leaves his post without leave or lawful excuse before he is regularly relieved except in pursuit of an offender whom it is his duty to apprehend;

(j) negligently allows the escape of any prisoner who is committed to his charge or whom it is his duty to guard;

(k) threatens, assaults, maltreats or neglects any person in his charge or in the custody of the Force;

(l) discharges any firearm without just cause or contrary to orders;

(m) sells, loses by neglect, makes away with, wilfully damages or fails to report any damage to arms, ammunition, equipment, uniform or other appointments supplied to him or any government property committed to his charge;

(n) is slovenly, inattentive, uncivil or quarrelsome;

(o) fails to keep his quarters or any other place under his control reasonably clean and tidy;

(p) parades for duty dirty or untidy in his person, arms, clothing or equipment;

(q) without due authority discloses or conveys any information concerning any investigation or any other matter with which he is concerned in the course of his duties;

(r) malingers or feigns or wilfully produces any disease or infirmity;

(s) incurs any debt which may embarrass him in his duties;

(t) breaks out of a police quarter, station or place in which he has been lawfully confined;

(u) makes any report which he knows to be false or inaccurate in some material particular or fails to disclose to his superior officer facts which it is his duty so to disclose;

(v) is found in unauthorised possession of any police or other public property;

(w) uses improperly any police or other public property;

(x) ill-treats, bullies, or insults or inflicts any unauthorised punishment on a subordinate in rank;

(y) is guilty of any act, conduct, disorder or neglect which is declared by the Act or by rules made thereunder to be an offence against discipline;

(z) does any act or makes any omission likely to bring discredit upon the Force or is guilty of any act, conduct, disorder or neglect to the prejudice of good order and discipline not elsewhere specified in these rules;

shall have committed an offence against discipline.

20. Prior notice of disciplinary charge
Any member of the Force who is charged with an offence against discipline shall be supplied with a written copy of the charge not less than 24 hours before the disciplinary inquiry into that charge.

21. Assistance with defence
In any disciplinary inquiry, the defaulter may be assisted in his defence by another member of the Force of his choice at the discretion of the hearing officer:

Provided that in any case when the hearing officer refuses to allow such assistance, the reasons for such refusal shall be shown in the record of the inquiry.

22. Documentary evidence
No documentary evidence shall be used in any disciplinary inquiry unless the defaulter has been given access thereto prior to the inquiry.

23. Witnesses
(1) The evidence of any witness taken during the course of a disciplinary inquiry shall be recorded in the presence of the defaulter.

(2) Such evidence need not be taken down in full, but the substance and material points thereof must be recorded in writing and read over to the defaulter.

(3) The defaulter 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.

(4) The defaulter 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.

SCHEDULE

(Rule 6)

Force Badge