Some local councils employ staff in an enforcement role who are also appointed as “Special Constables”. However on 1 December 2014 the Police Legislation Amendment (Special Constables) Act 2014 came into force which:
- repealed the Police (Special Provision) Act 1901 which abolished the position of “Special Constable”; and
- Inserted a new section 680A (Authorised person may give directions relating to public places) to the Local Government Act 1993.
Council employees who have been authorised as enforcement officers by the Commissioner of Police for the purposes of s680A will be empowered to give directions to a person in public places where the employee believes, on reasonable grounds, that such person’s behaviour or presence in a public place is obstructing another person or traffic.
The Local Government Legal Delegations Database includes a new “authorised person type” to enable subscribing councils to record when officers have been appointed as an enforcement officer under s680A.
Note: This information is not to be relied upon as legal advice.