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This is a Bill, not an Act. For current law, see the Acts databases.


POLICE REGULATION (MISCELLANEOUS AMENDMENTS) BILL 2001

                 PARLIAMENT OF VICTORIA

Police Regulation (Miscellaneous Amendments) Act
                       2000
                                 Act No.


                      TABLE OF PROVISIONS
Clause                                                                 Page
  1.     Purpose                                                          1
  2.     Commencement                                                     2
  3.     Principal Act                                                    2
  4.     Time limit for appealing non-selection for promotion or
         transfer--members                                                 2
  5.     Chief Commissioner consultation with DPP                          3
  6.     Other consultation with DPP                                       3
  7.     Composition of Police Appeals Board                               5
  8.     Time limit for applying for review                                5
  9.     Constitution of Appeals Board for termination and dismissal
         reviews                                                           6
  10.    New section 91MA inserted                                         6
         91MA. Hearings to be public unless otherwise ordered              6
  11.    Contempt of Appeals Board                                         7
  12.    New section 91T inserted                                          7
         91T.    Extension of time                                         7
  13.    Time limit for appealing non-selection for promotion or
         transfer--protective services officers                            7
  14.    Disposal of unclaimed property                                    8
  15.    Disputed property in police possession                            8
  16.    Fees and charges for police services                              8
  17.    New First Schedule inserted                                       9
                            

ENDNOTES                                                                  13




                                      i
541152B.A1-1/3/2001                                  BILL LA AS SENT 1/3/2001

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 22 November 2000 As amended by Assembly 28 February 2001 A BILL to amend the Police Regulation Act 1958 in respect of the disciplinary provisions, the Police Appeals Board and other miscellaneous matters and for other purposes. Police Regulation (Miscellaneous Amendments) Act 2000 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Police Regulation Act 1958 in respect of the disciplinary provisions, the Police Appeals Board 5 and other miscellaneous matters. 1 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 2 Act No. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act See: 5 In this Act, the Police Regulation Act 1958 is Act No. called the Principal Act. 6338. Reprint No. 8 as at 15 October 1998 and amending Act Nos 30/1999 and 61/1999. LawToday: www.dms. dpc.vic. gov.au 4. Time limit for appealing non-selection for promotion or transfer--members In section 8AA of the Principal Act, after sub- 10 section (3) insert-- "(4) An appeal must be lodged within 10 days after the day on which the member is notified of the member selected for promotion or transfer. 15 (5) If the regulations provide for the notification of members selected for promotion or transfer, a member is to be taken, for the purposes of sub-section (4), to have been notified of a member selected for promotion 20 or transfer on the day on which the selection is notified in accordance with the regulations.". 2 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 5 Act No. 5. Chief Commissioner consultation with DPP In section 71 of the Principal Act, for sub-section (2) substitute-- "(2) If the Chief Commissioner or authorised 5 officer reasonably believes that the member has committed an offence referred to in the First Schedule, the Chief Commissioner or authorised officer must not charge the member with the commission of a breach of 10 discipline until the Chief Commissioner or authorised officer has consulted the Director of Public Prosecutions. (2A) If the Chief Commissioner or authorised officer reasonably believes that the member 15 has committed any other offence, the Chief Commissioner or authorised officer may consult the Director of Public Prosecutions before charging the member with the commission of a breach of discipline.". 20 6. Other consultation with DPP (1) In section 86P of the Principal Act, after sub- section (5) insert-- "(6) At any time during or after completing an investigation, the Deputy Ombudsman may 25 refer to the Director of Public Prosecutions the question of whether or not criminal proceedings should be taken against any member of the force. (7) If the Deputy Ombudsman refers a question 30 to the Director of Public Prosecutions under sub-section (6), the Deputy Ombudsman must include that fact, and any details of the referral that he or she considers appropriate, in the report on the investigation under sub- 35 section (5).". 3 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 6 Act No. (2) In section 86R of the Principal Act, for sub- section (3) substitute-- "(3) After receiving the report on an investigation or further investigation completed by the 5 Chief Commissioner, the Deputy Ombudsman may-- (a) in writing request the Chief Commissioner to take any action the Deputy Ombudsman considers 10 appropriate in addition to any action taken or proposed to be taken by the Chief Commissioner or in substitution for any action proposed to be taken by the Chief Commissioner; 15 (b) refer to the Director of Public Prosecutions the question of whether or not criminal proceedings should be taken against any member of the force. (4) If the Deputy Ombudsman refers a question 20 to the Director of Public Prosecutions under sub-section (3)(b)-- (a) the Deputy Ombudsman must notify the Chief Commissioner in writing-- (i) of the referral; and 25 (ii) of the advice received from the Director of Public Prosecutions in respect of the referral; and (b) the Chief Commissioner must not take any disciplinary action, or further 30 disciplinary action, against a member who is the subject of the referral until the Chief Commissioner has received the Deputy Ombudsman's notification under paragraph (a)(ii).". 4 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 7 Act No. (3) In section 86S of the Principal Act, after sub- section (3) insert-- "(4) If the Minister refers a question to the Director of Public Prosecutions under sub- 5 section (3)-- (a) the Minister must notify the Chief Commissioner in writing-- (i) of the referral; and (ii) of the advice received from the 10 Director of Public Prosecutions in respect of the referral; and (b) the Chief Commissioner must not take any disciplinary action, or further disciplinary action, against a member 15 who is the subject of the referral until the Chief Commissioner has received the Minister's notification under paragraph (a)(ii).". 7. Composition of Police Appeals Board 20 In section 89 of the Principal Act-- (a) in sub-section (1), for "2 deputy chairpersons" substitute "2 or more deputy chairpersons"; (b) in sub-section (2), for "One" substitute 25 "At least one". 8. Time limit for applying for review In section 91F of the Principal Act, after sub- section (2) insert-- "(2A) An application for a review must be made 30 within 14 days after the member is notified of the making of the decision to which the application relates.". 5 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 9 Act No. 9. Constitution of Appeals Board for termination and dismissal reviews In section 91M of the Principal Act-- (a) in sub-section (1), for "all its members" 5 substitute "3 of its members (at least one of whom is a legal practitioner of at least 5 years' standing)"; (b) in sub-section (3), for "sub-section (2)" substitute "sub-sections (1) and (2)". 10 10. New section 91MA inserted After section 91M of the Principal Act insert-- "91MA. Hearings to be public unless otherwise ordered (1) Subject to this section, all hearings of the 15 Appeals Board must be held in public. (2) The Appeals Board, on its own initiative or on the application of a party, may direct that a hearing or any part of it be held in private, if the Appeals Board is satisfied that the 20 holding of the hearing or part in private would facilitate the conduct of the proceeding or would otherwise be in the public interest. (3) If the Appeals Board considers it necessary 25 to do so in the public interest, it may make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information derived from the hearing or part, except by, 30 or with the leave of, the Appeals Board. (4) If an order is made under sub-section (3), the Appeals Board must cause a copy of the order to be displayed in a conspicuous place where the hearing is held.". 6 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 11 Act No. 11. Contempt of Appeals Board In section 91R of the Principal Act, after paragraph (c) insert-- "(ca) contravene an order under section 91MA(3) 5 that has been displayed in accordance with section 91MA(4); or". 12. New section 91T inserted After section 91S of the Principal Act insert-- "91T. Extension of time 10 (1) The Appeals Board, on application by any person, may extend any time limit fixed-- (a) by or under this Act for the lodging of an appeal or the making of an application for a review; or 15 (b) by or under this Act or the regulations for the doing of any other thing in, or in relation to, a proceeding before the Appeals Board. (2) The Appeals Board may-- 20 (a) extend a time limit even if the time has expired before an application for extension is made; (b) impose conditions on the extension of a time limit.". 25 13. Time limit for appealing non-selection for promotion or transfer--protective services officers (1) In section 118B(4) of the Principal Act, omit "or transfer". (2) In section 118B of the Principal Act, after sub- 30 section (4) insert-- 7 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 14 Act No. "(4A) An appeal must be lodged within 10 days after the day on which the officer is notified of the officer selected for promotion. (4B) If the regulations provide for the notification 5 of officers selected for promotion, an officer is to be taken, for the purposes of sub-section (4A), to have been notified of an officer selected for promotion on the day on which the selection is notified in accordance with 10 the regulations.". (3) In section 118B(6) of the Principal Act, omit "or transfer". 14. Disposal of unclaimed property In section 122 of the Principal Act-- 15 (a) in sub-section (3), for "police gaol within the meaning of the Community Services Act 1970" substitute "police gaol under Part 3 of the Corrections Act 1986"; (b) in sub-section (5), after "an officer" insert 20 ", or a person authorised in writing by the Chief Commissioner to direct the disposal of property,". 15. Disputed property in police possession In section 125 of the Principal Act, after "warrant 25 to seize property" insert "issued under section 73 of the Magistrates' Court Act 1989". 16. Fees and charges for police services In section 130(1) of the Principal Act, for paragraph (de) substitute-- 30 "(de) prescribing fees or charges that may be imposed for the provision of services by members of the force or persons employed in the office of the Chief Commissioner;". 8 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 17 Act No. 17. New First Schedule inserted Before the Second Schedule to the Principal Act insert-- "FIRST SCHEDULE 5 Section 71(2) REPORTABLE OFFENCES PART 1--LEVEL 1, 2, 3 OR 4 OFFENCES OR THEIR EQUIVALENT 1.1 Any level 1, 2, 3 or 4 offence. 10 1.2 Any indictable offence that is punishable by-- (a) level 1, 2, 3 or 4 imprisonment; or (b) a level 1, 2, 3 or 4 fine; or (c) both level 1, 2, 3 or 4 imprisonment and a level 1, 2, 3 or 4 fine. 15 1.3 Any indictable offence (other than an offence referred to in item 1.1 or 1.2) that is punishable by a maximum term of imprisonment of 15 years or more or a maximum fine of 1800 penalty units or more, or both. PART 2--OTHER CRIMES ACT OFFENCES 20 2.1 Offences against the person An offence under section 18, 19(1), 20, 21, 21A(1), 22, 23, 24, 26, 28, 29(1), 30, 31(1) or 31A(1) of the Crimes Act 1958. 2.2 Sexual offences 25 An offence under section 39(1), 40(1), 44(3) or (4), 45(1), 47(1), 48(1), 49(1), 51, 52, 53, 54, 55, 56, 57, 58, 59(1), 60(1), 60A(1), 68, 69 or 70(1) of the Crimes Act 1958. 2.3 Child stealing An offence under section 63 of the Crimes Act 1958. 30 2.4 Theft 9 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 17 Act No. An offence under section 74 of the Crimes Act 1958. 2.5 Burglary An offence under section 76 of the Crimes Act 1958. 2.6 Fraud 5 An offence under section 81, 82, 83, 83A or 86 of the Crimes Act 1958. 2.7 Secret commissions An offence under section 176, 178 or 181 of the Crimes Act 1958. 10 2.8 Destroying or damaging property An offence under section 197(1) or (3), 198 or 199 of the Crimes Act 1958 if the Chief Commissioner reasonably believes that the amount or value of the property alleged to be destroyed or damaged exceeds $500. 15 2.9 False statements An offence under section 247 of the Crimes Act 1958. 2.10 Contamination of Goods An offence under section 249, 250 or 251 of the Crimes Act 1958. 20 2.11 Offences connected with explosive substances An offence under section 317(3) or (4) or 317A of the Crimes Act 1958. 2.12 Conspiracy to commit an offence An offence under section 321(1) of the Crimes Act 1958. 25 2.13 Incitement An offence under section 321G(1) of the Crimes Act 1958 in relation to an indictable offence referred to elsewhere in this Schedule or an offence that, if committed in Victoria, would be an indictable offence referred to elsewhere in this 30 Schedule. 2.14 Attempts An offence-- 10 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 17 Act No. (a) under section 321M or 321O(2) of the Crimes Act 1958 of attempting to commit an indictable offence referred to elsewhere in this Schedule; or (b) an offence under section 321O(1) of the Crimes Act 5 1958 of attempting to commit in another State or in a Territory an offence which, if committed in whole or in part in Victoria, would be an indictable offence referred to elsewhere in this Schedule. 2.15 Accessories 10 An offence under section 325(1) of the Crimes Act 1958 in relation to a serious indictable offence (within the meaning of that section) referred to elsewhere in this Schedule. 2.16 Concealing offences for benefit An offence under section 326 of the Crimes Act 1958 in 15 relation to a serious indictable offence (within the meaning of that section) referred to elsewhere in this Schedule. 2.17 Escapes An offence under section 479A, 479B or 479C of the Crimes Act 1958. 20 PART 3--OTHER STATUTORY OFFENCES 3.1 Any indictable offence under any of the following Acts (not being an offence referred to in Part 1)-- (a) Drugs, Poisons and Controlled Substances Act 1981; 25 (b) Firearms Act 1996; (c) Prostitution Control Act 1994; (d) Road Safety Act 1986. 3.2 An offence under section 95(1), 96(1), 127 or 127A of this Act. 30 3.3 An offence under section 22 of the Crimes (Family Violence) Act 1987. PART 4--COMMON LAW OFFENCES 11 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 s. 17 Act No. 4. The following offences at common law (not being an offence referred to in Part 1)-- (a) common assault involving an allegation of-- (i) any physical injury; or 5 (ii) the use of an offensive weapon within the meaning of section 77(1A) of the Crimes Act 1958 (regardless of whether or not there is any alleged physical injury); (b) false imprisonment; 10 (c) affray; (d) bribery of public official; (e) misconduct in public office.". 12 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

Police Regulation (Miscellaneous Amendments) Act 2000 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 13 541152B.A1-1/3/2001 BILL LA AS SENT 1/3/2001

 


 

 


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