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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Police Regulation Amendment Bill 2012
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Consequential amendment of sections 6 and 6A 4
6 Appointments to and promotions and transfers within the force 4
7 Consequential repeal of section 8AA 4
8 Grounds for promotion or transfer 5
9 New section 8AC inserted 5
8AC Directed transfers 5
10 New sections 9 and 9A inserted 5
9 Appointment of members from other jurisdictions 5
9A Appointment of former members of the force 7
11 Authority of constables 8
12 New section 16C inserted 10
16C Abandonment of appointment 10
13 Division 1 of Part IV repealed--Dismissal of unsuitable
members 11
14 New Division 4 of Part IV substituted 11
Division 4--Incapacity for duty 11
82 Definitions 11
83 Notice of incapacity 12
84 Determination of incapacity 13
15 New Part IVAA inserted 14
PART IVAA--APPEALS AND REVIEWS 14
Division 1--Appeals 14
86AC Promotion and transfer appeals--Members of the
force 14
86AD Promotion appeals--Protective services officers 16
86AE Constitution of PRS Board for appeal 17
86AF Appeal to be re-hearing 17
86AG Procedure on appeal 17
571270B.I-23/10/2012 i BILL LA INTRODUCTION 23/10/2012
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Division 2--Reviews 18
86AH What decisions are reviewable? 18
86AI Form and time limits for applying for review 20
86AJ Constitution of PRS Board for review 21
86AK Special procedure for review of directed transfers 22
86AL Chief Commissioner to lodge file in review of
incapacity decisions 23
86AM PRS Board must have regard to public interest and
interests of applicant 23
86AN Powers of PRS Board on review of termination or
dismissal decisions 24
86AO Powers of PRS Board on review of certain demotion
and transfer decisions 26
86AP Powers of PRS Board on review of other decisions 27
Division 3--General provisions for appeals and reviews 27
86AQ Natural justice 27
86AR General procedure 27
86AS Hearings to be public unless otherwise ordered 28
86AT Appearance and representation 28
86AU Evidence 29
86AV Witness summons 29
86AW Chief Commissioner to give effect to PRS Board
orders and decisions 31
86AX Contempt of PRS Board 31
86AY Protection of participants 31
86AZ Extension of time 32
16 Part V substituted 33
PART V--POLICE REGISTRATION AND SERVICES
BOARD 33
Division 1--Establishment and functions 33
87 Establishment of PRS Board 33
87A Functions of the PRS Board 33
87B Divisions of the PRS Board 35
87C Powers of the PRS Board 36
Division 2--Membership 36
87D Membership of the PRS Board 36
87E Membership of Registration Division 37
87F Membership of Professional Standards Division 38
87G Membership of Review Division 38
87H Allocation of members to Divisions of PRS Board 39
87I Remuneration 39
87J Accountability of the President 39
571270B.I-23/10/2012 ii BILL LA INTRODUCTION 23/10/2012
Clause Page
87K Vacancies, resignation and removal from office 39
87L Acting President, Deputy Presidents and other
members 40
Division 3--General provisions for the PRS Board 41
87M Meetings of the PRS Board 41
87N Effect of vacancy or defect 42
87O Immunity 42
87P Staffing 43
87Q Confidentiality 43
Division 4--Checks and investigations by the PRS Board 44
87R Checks and investigations for registration and
provision of advice 44
87S Criminal record and other checks 45
87T Investigations and further information 45
87U Witness summons 46
87V Service of notices and summonses under this Division 47
17 Part VAA inserted 48
PART VAA--REGISTRATION ON POLICE
PROFESSION REGISTER 48
Division 1--Registration 48
87W Qualifications for registration 48
87X Application for registration 49
87Y Registration 49
87Z Commencement and duration of registration 51
Division 2--Renewal of registration 51
87ZA Board must notify person when registration about to
expire 51
87ZB Application for renewal of registration 52
87ZC Renewal of registration 53
Division 3--Suspension and cancellation of registration 54
87ZD Mandatory suspension of registration 54
87ZE Discretionary suspension of registration 54
87ZF Effect of suspension 55
87ZG Mandatory cancellation of registration 55
87ZH Notice of intention to cancel 56
87ZI Cancellation following notice 57
87ZJ Return of certificate on cancellation 57
Division 4--Hearings 58
87ZK Hearings 58
87ZL Procedure at hearings 58
571270B.I-23/10/2012 iii BILL LA INTRODUCTION 23/10/2012
Clause Page
87ZM Application for registration or renewal of registration
hearings--Private unless otherwise ordered 59
87ZN Cancellation of registration hearings--Public unless
otherwise ordered 60
Division 5--Police Profession Register 61
87ZO PRS Board to keep Police Profession Register 61
87ZP Chief Commissioner to notify PRS Board of
appointments and dismissals 62
Division 6--General 62
87ZQ Natural justice 62
87ZR Service of notices under this Part 62
18 Status and powers of a special constable 63
19 Appointment of police reservists 63
20 Appointment of protective services officers 63
21 Regulations 64
22 New section 135 inserted 65
135 Transitional provisions for Police Regulation
Amendment Act 2012 65
23 Repeal of amending Act 68
ENDNOTES 69
571270B.I-23/10/2012 iv BILL LA INTRODUCTION 23/10/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Police Regulation Amendment Bill 2012
A Bill for an Act to amend the Police Regulation Act 1958 to
establish a Police Registration and Services Board, to amend the
provisions for appointments, transfers, appeals and reviews and to
make miscellaneous amendments and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Police
Regulation Act 1958 to--
(a) establish a Police Registration and Services
5 Board; and
(b) establish a Police Profession Register and
provide for registration; and
571270B.I-23/10/2012 1 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
s. 2
(c) amend the provisions for appointments,
transfers, appeals and reviews; and
(d) make miscellaneous amendments.
2 Commencement
5 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 April 2014, it comes into
operation on that day.
10 3 Principal Act
See: In this Act, the Police Regulation Act 1958 is
Act No.
6338. called the Principal Act.
Reprint No. 14
as at
27 April 2012
and
amending
Act Nos
13/2012 and
35/2012.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
In section 3(1) of the Principal Act--
15 (a) insert the following definitions--
"directed transfer means a transfer under
section 8AC;
police force of another jurisdiction means--
(a) the Australian Federal Police; or
20 (b) the police force of another State or
a Territory; or
(c) the police force of another country
or part of another country;
571270B.I-23/10/2012 2 BILL LA INTRODUCTION 23/10/2012
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s. 4
Police Profession Register means the
register kept under section 87ZO;
police reservist means a person appointed as
a police reservist under Part VI;
5 Professional Standards Division means the
Professional Standards Division of the
PRS Board established by
section 87B(b);
professional standards function means a
10 function specified in section 87A(1)(b);
protective services officer means a person
appointed as a protective services
officer under Part VIA;
PRS Board means the Police Registration
15 and Services Board established by
section 87;
PRS Board officer means--
(a) a member of the PRS Board; or
(b) an employee referred to in
20 section 87P(1); or
(c) a member of staff referred to in
section 87P(2);
Registration Division means the Registration
Division of the PRS Board established
25 by section 87B(a);
registration function means a function
specified in section 87A(1)(a);
Review Division means the Review Division
of the PRS Board established by
30 section 87B(c);
review function means a function specified
in section 87A(1)(c);";
(b) the definition of Appeals Board is repealed.
571270B.I-23/10/2012 3 BILL LA INTRODUCTION 23/10/2012
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s. 5
5 Consequential amendment of sections 6 and 6A
(1) Section 6(1A) of the Principal Act is repealed.
(2) In section 6A(1) of the Principal Act omit
"or the power to dismiss a member of the force
5 under section 68 or suspend a member under
section 68A".
6 Appointments to and promotions and transfers
within the force
(1) After section 8(2) of the Principal Act insert--
10 "(3) Subject to subsection (3A), an appointment
under subsection (1)--
(a) may be on a full-time or part-time
basis; and
(b) may be for a fixed term or on an
15 ongoing basis.
(3A) An appointment may be made under
subsection (1) on a part-time basis or for a
fixed term (or both) only if the Chief
Commissioner is satisfied that it is necessary
20 to do so for the purposes of--
(a) a specific project or task force of finite
duration; or
(b) dealing with an emergency within the
meaning of the Emergency
25 Management Act 1986.".
(2) After section 8(9) of the Principal Act insert--
"(10) The Chief Commissioner must cause notice
of the selection of a member for promotion
or transfer to be published in the Police
30 Gazette.".
7 Consequential repeal of section 8AA
Section 8AA of the Principal Act is repealed.
571270B.I-23/10/2012 4 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
s. 8
8 Grounds for promotion or transfer
In section 8AB of the Principal Act--
(a) in subsection (1), for "8AA" substitute
"86AC";
5 (b) in subsection (2)--
(i) for "8AA" substitute "86AC";
(ii) in the definition of transfer, after
"rank" insert ", but does not include a
directed transfer".
10 9 New section 8AC inserted
After section 8AB of the Principal Act insert--
"8AC Directed transfers
The Chief Commissioner may immediately
transfer a member of the force (other than a
15 Deputy Commissioner or Assistant
Commissioner) to any part of the State if the
Chief Commissioner considers it reasonably
necessary to do so for the provision of
policing services.".
20 10 New sections 9 and 9A inserted
After section 8A of the Principal Act insert--
"9 Appointment of members from other
jurisdictions
(1) This section applies to the appointment to the
25 force of a person who--
(a) has never been a member of the force;
and
(b) is or has been a member of a police
force of another jurisdiction.
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s. 10
(2) The Chief Commissioner may request the
PRS Board to advise the Chief
Commissioner in writing whether the
person--
5 (a) is of good character and reputation; and
(b) either--
(i) has the qualifications and
experience prescribed by the
regulations for appointment at the
10 proposed rank; or
(ii) subject to the satisfactory
completion of training specified
by the PRS Board, will have those
qualifications and that experience;
15 and
(c) has the aptitude and efficiency to
perform the duties of a member of the
force at the proposed rank.
(3) Subject to section 87T(3), the PRS Board
20 must comply with a request under
subsection (2).
Note
The functions of the PRS Board under this section are
performed by the Registration Division. Division 4 of
25 Part V gives certain investigatory powers to the PRS
Board for the purposes of providing advice under this
section. Under section 87T(3) the PRS Board may
decline to provide advice in certain circumstances.
(4) The Chief Commissioner must consider the
30 advice of the PRS Board in determining
whether to appoint the person under section
8(1) and in determining the rank at which
and position to which he or she is appointed.
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s. 10
9A Appointment of former members of the
force
(1) This section applies to the appointment to the
force of a person who has previously been a
5 member of the force.
(2) The Chief Commissioner may appoint the
person under section 8(1) if the person is
registered on the Police Profession Register.
(3) If the person is not registered on the Police
10 Profession Register, the Chief Commissioner
may request the PRS Board to advise the
Chief Commissioner in writing whether the
person--
(a) is of good character and reputation; and
15 (b) either--
(i) has the qualifications and
experience prescribed by the
regulations for appointment at the
proposed rank; or
20 (ii) subject to the satisfactory
completion of training specified
by the PRS Board, will have those
qualifications and that experience;
and
25 (c) has the aptitude and efficiency to
perform the duties of a member of the
force at the proposed rank.
(4) Subject to section 87T(3), the PRS Board
must comply with a request under
30 subsection (3).
Note
The functions of the PRS Board under this section are
performed by the Registration Division. Division 4 of
Part V gives certain investigatory powers to the PRS
35 Board for the purposes of providing advice under this
571270B.I-23/10/2012 7 BILL LA INTRODUCTION 23/10/2012
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s. 11
section. Under section 87T(3) the PRS Board may
decline to provide advice in certain circumstances.
(5) If the PRS Board's advice has been requested
under this section, the Chief Commissioner
5 must consider the advice in determining
whether to appoint the person under section
8(1) and in determining the rank at which
and position to which he or she is
appointed.".
10 11 Authority of constables
(1) In section 11 of the Principal Act, for "Every
constable" substitute "Subject to this section,
every constable".
(2) At the end of section 11 of the Principal Act
15 insert--
"(2) The Chief Commissioner may give a written
notice under this subsection to a member of
the force--
(a) who is about to begin, or is on, a period
20 of leave without pay of 28 days or
more, other than excluded leave; or
(b) who is on secondment to any
organisation or body.
(3) If the Chief Commissioner gives a notice to a
25 member of the force under subsection (2),
subsection (1) does not apply to the member
while the notice has effect.
(4) A notice given to a member of the force
under subsection (2)--
30 (a) takes effect when the member is given
the notice or at the later time
determined by the Chief Commissioner
and specified in the notice; and
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s. 11
(b) unless cancelled earlier under
subsection (6), has effect until the later
of--
(i) the expiry of the period
5 determined by the Chief
Commissioner and specified in the
notice; or
(ii) the registration of the member on
the Police Profession Register.
10 Note
See Part VAA for registration on the Police
Profession Register.
(5) While a notice given to a member of the
force under subsection (2) has effect--
15 (a) neither the Chief Commissioner nor
any other member of the force has
authority to give the member an
instruction in respect of the member's
performance of his or her functions or
20 duties; and
(b) the member does not commit a breach
of discipline under section 69 by failing
to comply with a standing order or
instruction of the Chief Commissioner.
25 (6) The Chief Commissioner may cancel a
notice given to a member of the force under
subsection (2) at any time by giving written
notice of cancellation to the member.
(7) Nothing in this section affects the ability of
30 the Chief Commissioner to end a member's
secondment or leave without pay.
(8) A member of the force who is given a notice
under subsection (2) must, as soon as
practicable, surrender his or her police
35 identification and any police equipment that
571270B.I-23/10/2012 9 BILL LA INTRODUCTION 23/10/2012
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s. 12
is required by the Chief Commissioner to be
surrendered under this subsection.
(9) In this section--
excluded leave means--
5 (a) maternity, paternity or parental
leave; or
(b) compassionate leave; or
(c) study leave; or
(d) leave granted for the purposes of
10 service with--
(i) another law enforcement
agency; or
(ii) a professional association
that represents members of
15 the force;
police equipment means equipment issued to
members of the force for use in the
performance of their duties;
police identification means any thing that
20 identifies, or purports to identify, a
person who carries, holds or wears it, as
a member of the force.".
12 New section 16C inserted
After section 16B of the Principal Act insert--
25 "16C Abandonment of appointment
(1) A member of the force who is absent from
duty without authorisation or lawful reason
for one calendar month or more is taken to
have abandoned their appointment as a
30 member of the force.
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s. 13
(2) If a member of the force is absent from duty
without authorisation or lawful reason at the
commencement of this section, any period of
that absence occurring before that
5 commencement is to be taken into account
for the purposes of this section.".
13 Division 1 of Part IV repealed--Dismissal of
unsuitable members
Division 1 of Part IV of the Principal Act is
10 repealed.
14 New Division 4 of Part IV substituted
For Division 4 of Part IV of the Principal Act
substitute--
"Division 4--Incapacity for duty
15 82 Definitions
(1) In this Division--
incapacity includes--
(a) lack of aptitude;
(b) inefficiency;
20 (c) lack of competence or ability;
notice of incapacity means a notice given
under section 83;
remedial action means any action or process
of a remedial nature (other than
25 dismissal) taken or undertaken in
relation to the performance of a
member of the force, including--
(a) the imposition of a remedial plan;
(b) the amendment of an existing
30 remedial plan;
(c) transfer of the member to other
duties.
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s. 14
(2) In this Division, a reference to a member
being incapable of performing his or her
duties as a member of the force includes--
(a) the member displaying a lack of
5 aptitude for the performance of those
duties;
(b) the member being inefficient in the
performance of those duties;
(c) the member displaying a lack of
10 competence or ability to meet the
inherent requirements of those duties.
83 Notice of incapacity
(1) The Chief Commissioner may give a written
notice under this section to a member of the
15 force if the Chief Commissioner reasonably
believes that--
(a) the member is incapable of performing
his or her duties as a member of the
force; and
20 (b) the incapacity is not caused by any
physical or mental impairment; and
(c) the incapacity has been the subject of
remedial action which has not resolved
the matter.
25 (2) A notice of incapacity must state--
(a) that the Chief Commissioner is
considering taking any of the following
actions, as specified in the notice--
(i) transferring the member to other
30 duties that the Chief
Commissioner believes are within
the member's capacity; or
(ii) reducing the rank or seniority of
the member; or
571270B.I-23/10/2012 12 BILL LA INTRODUCTION 23/10/2012
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s. 14
(iii) both actions specified in
subparagraphs (i) and (ii); or
(iv) dismissing the member; and
(b) the grounds on which the Chief
5 Commissioner believes that the
member is incapable of performing his
or her duties as a member of the force;
and
(c) that the member may make written
10 submissions to the Chief Commissioner
on the matter within 21 days after
receiving the notice.
84 Determination of incapacity
(1) This section applies if--
15 (a) a notice of incapacity has been given to
a member of the force; and
(b) the Chief Commissioner has considered
any written submissions made by the
member within the period specified in
20 the notice of incapacity; and
(c) the Chief Commissioner is satisfied that
the member is incapable of performing
his or her duties.
(2) The Chief Commissioner may, by written
25 notice to the member--
(a) transfer the member to other duties that
the Chief Commissioner believes are
within the member's capacity; or
(b) reduce the rank or seniority of the
30 member; or
(c) take both actions specified in
paragraphs (a) and (b); or
(d) dismiss the member.
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s. 15
(3) A notice under subsection (2) must state the
grounds on which the Chief Commissioner is
satisfied that the member is incapable of
performing his or her duties.".
5 15 New Part IVAA inserted
After Part IV of the Principal Act insert--
"PART IVAA--APPEALS AND REVIEWS
Division 1--Appeals
86AC Promotion and transfer appeals--
10 Members of the force
(1) Subject to this section, a member of the force
may appeal to the PRS Board against the
selection of another member of the force for
promotion or transfer under section 8 if--
15 (a) the member applied for promotion or
transfer to the position; and
(b) the member considers, on the grounds
referred to in subsection (4), that he or
she has a better claim to promotion or
20 transfer than the member selected.
Note
The functions of the PRS Board in relation to appeals
are performed by the Review Division.
(2) A member of the force cannot appeal in
25 relation to--
(a) a promotion or transfer to a position at
the rank of superintendent, chief
superintendent or commander; or
(b) a transfer to a position of constable
30 (general duties); or
(c) a promotion or transfer to a position of
senior constable (general duties); or
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Police Regulation Amendment Bill 2012
s. 15
(d) the promotion of a constable who holds
a position to the rank of senior
constable in the same position; or
(e) a transfer made under an expression of
5 interest process agreed under an
industrial instrument applying to
members of the force.
(3) A member of the force cannot appeal under
this section if the member has lodged an
10 appeal under this section on 4 or more
occasions in the previous 12 months--
(a) whether or not in relation to the same
position; and
(b) whether or not any of those appeals
15 were successful, unsuccessful or
withdrawn.
(4) The only grounds for appeal are--
(a) in relation to the rank of senior
sergeant, sergeant or senior constable--
20 (i) superior efficiency; or
(ii) equal efficiency and greater
seniority;
(b) in relation to the rank of inspector or
chief inspector--superior efficiency.
25 (5) An appeal must be lodged within 3 days after
the day on which notice of the selection is
published under section 8(10).
(6) In this section, member of the force does not
include a police reservist or protective
30 services officer.
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s. 15
86AD Promotion appeals--Protective services
officers
(1) Subject to this section, a protective services
officer may appeal to the PRS Board against
5 the selection of another protective services
officer for promotion under section 118B
if--
(a) the officer applied for promotion to the
position; and
10 (b) the officer considers, on the ground
referred to in subsection (4), that he or
she has a better claim to promotion than
the officer selected for promotion.
Note
15 The functions of the PRS Board in relation to appeals
are performed by the Review Division.
(2) A protective services officer cannot appeal in
relation to a promotion to a position of
protective services officer first class.
20 (3) A protective services officer cannot appeal
under this section if he or she has lodged an
appeal under this section on 4 or more
occasions in the previous 12 months--
(a) whether or not in relation to the same
25 position; and
(b) whether or not any of those appeals
were successful, unsuccessful or
withdrawn.
(4) The only ground for appeal is superior
30 efficiency.
(5) An appeal must be lodged within 3 days after
the day on which notice of the selection is
published under section 118B(6A).
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s. 15
(6) In this section--
efficiency has the meaning given by
section 118B(7).
86AE Constitution of PRS Board for appeal
5 (1) For the purpose of an appeal, the PRS Board
is to be constituted by--
(a) a member of the Review Division
sitting alone; or
(b) 2 members of the Review Division of
10 whom at least one is the President or
the Deputy President.
(2) The President is to determine the constitution
of the PRS Board to hear an appeal.
(3) If the PRS Board is constituted as referred to
15 in subsection (1)(b) and the members are
divided in opinion on any question arising on
the appeal, the question is to be decided
according to the opinion of the President or
Deputy President or, if both are sitting, the
20 President.
86AF Appeal to be re-hearing
An appeal under this Division is to be by
way of a re-hearing.
86AG Procedure on appeal
25 (1) If an appeal is lodged, the Chief
Commissioner must lodge the selection file
in relation to the promotion or transfer with
the PRS Board within 2 business days after
the day on which he or she is notified under
30 section 86AR(2) of the lodging of an appeal.
(2) Neither the Chief Commissioner nor the
appellant may lodge any other document
with the PRS Board concerning the appeal
unless the PRS Board, being of the opinion
571270B.I-23/10/2012 17 BILL LA INTRODUCTION 23/10/2012
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s. 15
that there are exceptional circumstances,
gives leave.
(3) The PRS Board must hear and determine the
appeal within 5 business days after the
5 selection file is lodged under subsection (1).
(4) If the appellant cannot be present at a
hearing of the PRS Board on the appeal of
which reasonable notice has been given, the
appellant may--
10 (a) elect to have the appeal heard and
determined in his or her absence; or
(b) withdraw the appeal.
(5) If the appellant makes an election under
subsection (4)(a) or fails to make an election
15 or withdraw the appeal before the date of the
hearing, the PRS Board may hear and
determine the appeal in the absence of the
appellant.
(6) In this section--
20 business day means a day other than a
Saturday, Sunday or public holiday.
Division 2--Reviews
86AH What decisions are reviewable?
(1) Subject to this section, a member of the force
25 may apply to the PRS Board for review of a
decision by the Chief Commissioner, or a
person authorised by the Chief
Commissioner--
(a) not to confirm the member's promotion;
30 or
(b) to disallow the member's promotion; or
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s. 15
(c) that the member is unsuitable for
promotion to a position of senior
constable (general duties); or
(d) not to promote the member, being a
5 constable, to the rank of senior
constable in the same position; or
(e) to reduce the rank or seniority of the
member under section 76(1)(d),
80(1)(a)(ii) or 84(2)(b) or (c); or
10 (f) to reduce the remuneration of the
member under section 76(1)(e) or
80(1)(a)(iii); or
(g) to transfer the member under section
76(1)(f), 80(1)(d) or 84(2)(a) or (c); or
15 (h) to make a directed transfer of the
member under section 8AC; or
(i) to otherwise compulsorily transfer the
member; or
(j) to impose a fine exceeding 5 penalty
20 units on the member under section
76(1)(c) or 80(1)(c); or
(k) to impose a period of ineligibility in
respect of the member under section
76(1)(ca) or 80(1)(ca); or
25 (l) to terminate the member's appointment;
or
(m) to dismiss the member under section
76(1)(g), 80(1)(e) or 84(2)(d).
Note
30 The functions of the PRS Board in relation to reviews
are performed by the Review Division.
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s. 15
(2) Subsection (1)(i) does not apply to the
compulsory transfer of--
(a) a superintendent, chief superintendent
or commander; or
5 (b) an inspector or chief inspector except
where the transfer is to or from a
country position for a period of more
than 6 months.
(3) The Chief Commissioner may from time to
10 time determine any area to be the Melbourne
Metropolitan area for the purposes of this
section.
(4) In this section--
country position means a position in the
15 force that is located outside the
Melbourne metropolitan area
determined under subsection (3);
general duties means primary response and
general patrol duties;
20 member of the force includes a person who
was a member of the force immediately
before his or her dismissal or the
termination of his or her appointment.
86AI Form and time limits for applying for
25 review
(1) An application for review must be made in a
form approved by the PRS Board.
(2) An application for review must be lodged
with the PRS Board--
30 (a) in the case of a decision to make a
directed transfer under section 8AC--
within 3 days after the day on which the
member is notified of the decision; and
571270B.I-23/10/2012 20 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
s. 15
(b) in any other case--within 14 days after
the day on which the member is
notified of the decision.
86AJ Constitution of PRS Board for review
5 (1) For the purpose of conducting a review of a
decision to terminate a member's
appointment or to dismiss a member, the
PRS Board is to be constituted by 3 members
of the Review Division, of whom--
10 (a) at least one is the President or the
Deputy President of the Review
Division; and
(b) at least one is a legal practitioner of at
least 5 years standing.
15 (2) For the purpose of conducting any other
review, the PRS Board is to be constituted
by--
(a) a member of the Review Division
sitting alone; or
20 (b) 2 members of the Review Division of
whom at least one is the President or
the Deputy President.
(3) The President is to determine the constitution
of the PRS Board to conduct a review.
25 (4) If the PRS Board is constituted as referred to
in subsection (1), any question arising on the
review is to be decided according to the
opinion of the majority of the members.
(5) If the PRS Board is constituted as referred to
30 in subsection (2)(b) and the members are
divided in opinion on any question arising on
the review, the question is to be decided
according to the opinion of the President or
Deputy President or, if both are sitting, the
35 President.
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s. 15
86AK Special procedure for review of directed
transfers
(1) If an application for review of a decision to
make a directed transfer is lodged, the Chief
5 Commissioner must lodge the file relating to
the decision with the PRS Board within
2 business days after the day on which he or
she is notified under section 86AR(2) of the
lodging of the application.
10 (2) Neither the Chief Commissioner nor the
applicant may lodge any other document
with the PRS Board concerning the review
unless the PRS Board, being of the opinion
that there are exceptional circumstances,
15 gives leave.
(3) The PRS Board must hear and determine the
review within 5 business days after the file is
lodged under subsection (1).
(4) If the applicant cannot be present at a
20 hearing of the PRS Board on the review of
which reasonable notice has been given, the
applicant may--
(a) elect to have the review heard and
determined in his or her absence; or
25 (b) withdraw the application.
(5) If the applicant makes an election under
subsection (4)(a), or fails to make an election
or withdraw the application before the date
of the hearing, the PRS Board may hear and
30 determine the review in the absence of the
applicant.
(6) In this section--
business day means a day other than a
Saturday, Sunday or public holiday.
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s. 15
86AL Chief Commissioner to lodge file in review
of incapacity decisions
(1) This section applies if an application for
review is lodged in respect of a decision--
5 (a) to transfer a member under
section 84(2)(a) or (c); or
(b) to reduce the rank or seniority of a
member under section 84(2)(b) or (c);
or
10 (c) to dismiss a member under
section 84(2)(d).
(2) If an application for review is lodged, the
Chief Commissioner must lodge the file
relating to the decision with the PRS Board
15 within 2 business days after the day on
which he or she is notified under section
86AR(2) of the lodging of the application.
(3) In this section--
business day means a day other than a
20 Saturday, Sunday or public holiday.
86AM PRS Board must have regard to public
interest and interests of applicant
(1) In a review, the PRS Board must have regard
to--
25 (a) the public interest; and
(b) the interests of the applicant for review.
(2) Subsection (1) does not limit the matters to
which the PRS Board is otherwise required
or permitted to have regard in a review.
30 (3) In this section--
public interest includes the interest of
maintaining the integrity of, and
community confidence in, the force.
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86AN Powers of PRS Board on review of
termination or dismissal decisions
(1) This section applies to a review of a decision
to terminate a member's appointment or
5 dismiss a member.
(2) On the review, the PRS Board must affirm
the decision unless the PRS Board is
satisfied that the decision is harsh, unjust or
unreasonable.
10 (3) If the PRS Board is satisfied that the decision
is harsh, unjust or unreasonable, the PRS
Board may--
(a) in the case of a review of a decision to
dismiss a member under
15 section 80(1)(e)--
(i) set aside the decision and, in
substitution for it, make any other
decision or determination that the
person who made the decision
20 could have made; or
(ii) set aside the decision and refer the
matter for determination by the
Chief Commissioner in
accordance with any directions or
25 recommendations of the PRS
Board; and
(b) in any other case--
(i) set aside the decision and, in
substitution for it, make any other
30 decision or determination that the
person who made the decision
could have made; or
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s. 15
(ii) set aside the decision and refer the
matter for determination by the
Chief Commissioner in
accordance with any directions or
5 recommendations of the PRS
Board; or
(iii) order the Chief Commissioner to
re-instate the applicant as a
member of the force; or
10 (iv) if the PRS Board considers that it
would be impracticable to
re-instate the applicant, order the
Chief Commissioner to pay to the
applicant an amount of
15 compensation not exceeding the
amount of remuneration of the
applicant during the period of
12 months immediately before the
termination or dismissal.
20 (4) If the applicant was on leave without full pay
during any part of the period of 12 months
immediately before the termination or
dismissal, the maximum amount of
compensation that may be ordered under
25 subsection (3)(b)(iv) to be paid is to be
determined as if the applicant had received
full pay while on leave.
(5) When assessing any compensation payable,
the PRS Board must take into account--
30 (a) whether the applicant made a
reasonable attempt to find alternative
employment; and
(b) the remuneration received in any
alternative employment or that would
35 have been payable if the applicant had
571270B.I-23/10/2012 25 BILL LA INTRODUCTION 23/10/2012
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s. 15
succeeded in obtaining alternative
employment.
86AO Powers of PRS Board on review of certain
demotion and transfer decisions
5 (1) This section applies to a review of--
(a) a decision to reduce the rank or
seniority of a member under section
76(1)(d), 80(1)(a)(ii) or 84(2)(b) or (c);
or
10 (b) a decision to reduce the remuneration
of a member under section 76(1)(e)
or 80(1)(a)(iii); or
(c) a decision to transfer a member under
section 84(2)(a) or (c); or
15 (d) a decision to make a directed transfer of
a member under section 8AC; or
(e) a decision (other than one specified in
paragraph (a), (b), (c) or (d)) that has
the effect of significantly changing the
20 duties of a member.
(2) On the review, the PRS Board must affirm
the decision unless the PRS Board is
satisfied that the decision is harsh, unjust or
unreasonable.
25 (3) If the PRS Board is satisfied that the decision
is harsh, unjust or unreasonable, the PRS
Board may--
(a) set aside the decision and, in
substitution for it, make any other
30 decision or determination that the
person who made the decision could
have made; or
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s. 15
(b) set aside the decision and refer the
matter for determination by the Chief
Commissioner in accordance with any
directions or recommendations of the
5 PRS Board.
86AP Powers of PRS Board on review of other
decisions
(1) This section applies to any review other than
a review to which section 86AN or 86AO
10 applies.
(2) On the review, the PRS Board may--
(a) affirm the decision under review; or
(b) set aside the decision and, in
substitution for it, make any other
15 decision or determination that the
person who made the decision could
have made; or
(c) set aside the decision and refer the
matter for determination by the Chief
20 Commissioner in accordance with any
directions or recommendations of the
PRS Board.
Division 3--General provisions for appeals and
reviews
25 86AQ Natural justice
The PRS Board is bound by the rules of
natural justice in all appeals and reviews.
86AR General procedure
(1) The PRS Board must conduct all appeals and
30 reviews with as little formality and
technicality, and as much speed, as the
requirements of this Act and the proper
consideration of the subject-matter permit.
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s. 15
(2) As soon as practicable after an appeal or an
application for review is lodged, the PRS
Board must notify the Chief Commissioner.
(3) Subject to this Act, the PRS Board may
5 regulate its own procedure on an appeal or a
review.
86AS Hearings to be public unless otherwise
ordered
(1) Subject to this section, all hearings of the
10 PRS Board on an appeal or a review must be
held in public.
(2) The PRS 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
15 the PRS Board is satisfied that the holding of
the hearing or part in private would facilitate
the conduct of the appeal or review or would
otherwise be in the public interest.
(3) If the PRS Board considers it necessary to do
20 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,
25 or with the leave of, the PRS Board.
(4) If an order is made under subsection (3), the
PRS Board must cause a copy of the order to
be displayed in a conspicuous place where
the hearing is held.
30 86AT Appearance and representation
(1) On an appeal--
(a) the appellant and the person selected
for promotion or transfer may appear;
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s. 15
(b) the Chief Commissioner may appear,
and may be represented by any person
other than a legal practitioner.
(2) On a review, the applicant and the Chief
5 Commissioner may appear, and may be
represented by any person other than a legal
practitioner.
86AU Evidence
(1) On an appeal or a review the PRS Board is
10 not bound by the rules of evidence or any
practices or procedures applicable to courts
of record and may inform itself on any
matter as it sees fit.
(2) On an appeal or a review the PRS Board may
15 require evidence to be given on oath and, for
that purpose, a member of the PRS Board
may administer an oath or cause an oath to
be administered.
86AV Witness summons
20 (1) On an appeal or a review the President or the
Deputy President assigned to the Review
Division may issue a summons to a person to
attend the PRS Board to give evidence and
produce any documents that are referred to in
25 the summons.
(2) A summons may be served on a person--
(a) by delivering it personally to the
person; or
(b) by sending it by post, fax or email to
30 the person at his or her usual or last
known postal, fax or email address; or
(c) by leaving it at the person's usual or last
known residential or business address
with a person on the premises
571270B.I-23/10/2012 29 BILL LA INTRODUCTION 23/10/2012
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s. 15
apparently at least 16 years old and
apparently residing or employed there.
(3) A summons is to be taken to have been
served on a person--
5 (a) in the case of delivery in person--at the
time of delivery; or
(b) in the case of posting--2 business days
after the day on which the document
was posted; or
10 (c) in the case of fax or email--at the time
the fax or email is received.
(4) If a fax or email is received after 4.00 p.m.
on any day, it is to be taken to have been
received on the next business day.
15 (5) A person who has been properly served with
a summons must not, without reasonable
excuse, fail to--
(a) attend as required by the summons until
he or she has been excused or released
20 from attendance by the PRS Board; or
(b) produce any document referred to in the
summons that is in his or her
possession.
Penalty: 10 penalty units.
25 (6) In this section--
business day means a day other than--
(a) a Saturday or Sunday; or
(b) a public holiday or half holiday in
the place to where the summons is
30 sent or delivered.
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s. 15
86AW Chief Commissioner to give effect to PRS
Board orders and decisions
The Chief Commissioner must give effect to
an order or a decision of the PRS Board on
5 an appeal or a review.
86AX Contempt of PRS Board
A person must not--
(a) insult a member of the PRS Board
while that member is performing
10 functions as a member on an appeal or
a review; or
(b) insult, harass, intimidate, obstruct or
hinder a person attending a hearing of
the PRS Board on an appeal or a
15 review; or
(c) misbehave at a hearing of the PRS
Board on an appeal or a review; or
(d) contravene an order made under section
86AS(3) that has been displayed in
20 accordance with section 86AS(4); or
(e) do any other act in relation to an appeal
or a review that would, if the PRS
Board were the Supreme Court,
constitute contempt of that Court.
25 Penalty: Imprisonment for 3 months or
30 penalty units or both.
86AY Protection of participants
(1) A member of the PRS Board has, in the
performance of the functions of member on
30 an appeal or a review, the same protection
and immunity as a judge of the Supreme
Court has in the performance of his or her
duties as a judge.
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s. 15
(2) A person representing a party on an appeal
or a review has the same protection and
immunity as a legal practitioner has in
representing a party in proceedings in the
5 Supreme Court.
(3) A party to an appeal or review has the same
protection and immunity as a party to
proceedings in the Supreme Court.
(4) A person appearing as a witness in a hearing
10 on an appeal or review has the same
protection and immunity as a witness has in
proceedings in the Supreme Court.
86AZ Extension of time
(1) On application by any person, the PRS
15 Board, if it considers that exceptional
circumstances exist, may extend any time
limit fixed--
(a) by or under this Act for the lodging of
an appeal or the making of an
20 application for a review; or
(b) by or under this Act or the regulations
for the doing of any other thing in, or in
relation to, an appeal or a review.
(2) The PRS Board may--
25 (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.
30 __________________".
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s. 16
16 Part V substituted
For Part V of the Principal Act substitute--
"PART V--POLICE REGISTRATION AND
SERVICES BOARD
5 Division 1--Establishment and functions
87 Establishment of PRS Board
(1) The Police Registration and Services Board
is established.
(2) The PRS Board--
10 (a) is a body corporate with perpetual
succession;
(b) must have a common seal;
(c) may sue and be sued;
(d) may acquire, hold or dispose of real and
15 personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(3) The common seal of the PRS Board must be
20 kept as directed by the Board and may only
be used as authorised by the Board.
(4) All courts must take judicial notice of the
common seal on a document and, until the
contrary is proved, must presume that the
25 document was properly sealed.
87A Functions of the PRS Board
(1) The PRS Board has the following
functions--
(a) registration functions, being--
30 (i) to keep the Police Profession
Register;
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s. 16
(ii) to register persons on the Police
Profession Register;
(iii) to advise the Chief Commissioner
on proposed appointments to the
5 force;
(b) professional standards functions,
being--
(i) to advise the Chief Commissioner
about competency standards,
10 practice standards, educational
courses and supervised training
arrangements for members of the
force, protective services officers
and police reservists;
15 (ii) to approve competency standards,
practice standards, educational
courses and supervised training
arrangements for members of the
force, protective services officers
20 and police reservists;
(iii) to support and promote the
continuing education and
professional development of
members of the force, protective
25 services officers and police
reservists;
(c) review functions, being--
(i) to hear and determine appeals
under this Act;
30 (ii) to conduct reviews under this Act;
(d) general functions, being--
(i) to advise the Minister, the Chief
Commissioner and the office of
the Chief Commissioner about
571270B.I-23/10/2012 34 BILL LA INTRODUCTION 23/10/2012
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s. 16
any matters related to its
functions;
(ii) to inquire into and report on any
matter referred to the PRS Board
5 by the Chief Commissioner or the
Minister;
(iii) any other functions conferred on it
by or under this or any other Act.
(2) In performing its registration functions and
10 professional standards functions, the PRS
Board must have regard to the advice of the
Chief Commissioner.
87B Divisions of the PRS Board
The following Divisions of the PRS Board
15 are established for the purposes of
performing the PRS Board's registration
functions, professional standards functions
and review functions--
(a) the Registration Division, which is to
20 perform the PRS Board's registration
functions;
(b) the Professional Standards Division,
which is to perform the PRS Board's
professional standards functions;
25 (c) the Review Division, which is to
perform the PRS Board's review
functions.
Note
The PRS Board's registration functions are set out in
30 section 87A(1)(a), its professional standards functions
are set out in section 87A(1)(b) and its review
functions are set out in section 87A(1)(c).
571270B.I-23/10/2012 35 BILL LA INTRODUCTION 23/10/2012
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s. 16
87C Powers of the PRS Board
The PRS Board has all the powers necessary
to perform its functions, including the
powers conferred on it by or under this or
5 any other Act.
Division 2--Membership
87D Membership of the PRS Board
(1) The PRS Board consists of the following
members, appointed by the Governor in
10 Council on the recommendation of the
Minister--
(a) a President; and
(b) 3 Deputy Presidents, of whom--
(i) one must be a member of the force
15 or a former member of the force;
and
(ii) one must have experience as a
member of the academic staff of a
tertiary institution; and
20 (iii) one must be--
(A) a former member of the
force; or
(B) a legal practitioner of at least
5 years standing; and
25 (c) 3 members of the force nominated by a
professional association that represents
members of the force; and
(d) 2 members of the force nominated by
the Chief Commissioner; and
30 (e) as many other members as are required
for the proper functioning of the PRS
Board.
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s. 16
(2) The Minister must not recommend a person
for appointment to the PRS Board unless the
Minister is satisfied that the person is
capable of performing the duties of a
5 member of the PRS Board.
(3) A member holds office, subject to this Act,
for the term specified in his or her instrument
of appointment, not exceeding 5 years from
the date of appointment, and is eligible for
10 re-appointment.
(4) The Public Administration Act 2004 (other
than Part 3 of that Act) applies to a member
in respect of the office of member.
87E Membership of Registration Division
15 The Registration Division of the PRS Board
consists of--
(a) the President of the PRS Board; and
(b) the Deputy President appointed under
section 87D(1)(b)(i); and
20 (c) the members appointed under section
87D(1)(c); and
(d) the members appointed under section
87D(1)(d); and
(e) a member of the PRS Board who is a
25 member of the academic staff of a
tertiary institution; and
(f) a member of the PRS Board who is a
legal practitioner of at least 5 years
standing.
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s. 16
87F Membership of Professional Standards
Division
The Professional Standards Division of the
PRS Board consists of--
5 (a) the President of the PRS Board; and
(b) the Deputy President appointed under
section 87D(1)(b)(ii); and
(c) as many other members as are required
for the proper functioning of the
10 Division, each of whom must be--
(i) a member of the academic staff of
a tertiary institution; or
(ii) a legal practitioner of at least
5 years standing; or
15 (iii) a member or former member of
the force.
87G Membership of Review Division
The Review Division of the PRS Board
consists of--
20 (a) the President of the PRS Board; and
(b) the Deputy President appointed under
section 87D(1)(b)(iii); and
(c) as many other members as are required
for the proper functioning of the
25 Division, none of whom may be a
member of the force but at least one of
whom must be--
(i) a legal practitioner of at least
5 years standing; or
30 (ii) a former member of the force.
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s. 16
87H Allocation of members to Divisions of PRS
Board
The President allocates members of the PRS
Board to Divisions of the Board in
5 accordance with this Subdivision, and may
allocate a member to more than one
Division.
87I Remuneration
A member of the PRS Board is entitled to be
10 paid the remuneration and allowances
(if any) fixed from time to time by the
Governor in Council.
87J Accountability of the President
The President of the PRS Board is
15 accountable to the Minister for the
performance of the functions of the PRS
Board.
87K Vacancies, resignation and removal from
office
20 (1) The office of a member of the PRS Board
becomes vacant if he or she--
(a) becomes an insolvent under
administration; or
(b) is convicted of an offence punishable
25 by imprisonment or an offence that, if
committed in Victoria, would be
punishable by imprisonment; or
(c) resigns from office by delivering a
signed letter of resignation to the
30 Governor in Council; or
(d) is removed from office under
subsection (2).
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s. 16
(2) The Governor in Council, on the
recommendation of the Minister, may
remove a member from office if--
(a) the member becomes incapable of
5 performing his or her duties; or
(b) the member is negligent in the
performance of those duties; or
(c) the member engages in improper
conduct; or
10 (d) the member is absent, without leave
first being granted by the President,
from 3 consecutive meetings of which
reasonable notice has been given to the
member; or
15 (e) for any other reason the Minister is
satisfied that the member is unfit to
hold office.
87L Acting President, Deputy Presidents and
other members
20 (1) The Governor in Council may appoint a
Deputy President of the PRS Board to act as
President of the PRS Board--
(a) during a vacancy in the office of
President; or
25 (b) if the President is absent or, for any
other reason, is unable to perform the
duties of office.
(2) The Governor in Council may appoint a
person to act as a Deputy President of the
30 PRS Board of the PRS Board--
(a) during a vacancy in the office of a
Deputy President; or
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s. 16
(b) if a Deputy President is absent or, for
any other reason, is unable to perform
the duties of office.
(3) The Governor in Council may--
5 (a) determine the terms and conditions of
appointment of an acting President or
Deputy President; and
(b) at any time terminate the appointment
of an acting President or Deputy
10 President.
(4) The Minister may appoint a person to act as
a member of the PRS Board (other than as
President or Deputy President)--
(a) during a vacancy in the office of a
15 member of the PRS Board; or
(b) if a member is absent or, for any other
reason, is unable to perform the
member's duties.
(5) The Minister may--
20 (a) determine the terms and conditions of
appointment of an acting member
(other than an acting President or
Deputy President); and
(b) at any time terminate the appointment
25 of an acting member (other than an
acting President or Deputy President).
Division 3--General provisions for the PRS
Board
87M Meetings of the PRS Board
30 (1) Meetings of the PRS Board must be held at
least every 3 months and at any other time at
the request of a Deputy President.
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s. 16
(2) The President, or in his or her absence, a
Deputy President, is to preside at a meeting
of the PRS Board.
(3) The quorum for a meeting of the PRS Board
5 is a majority of the members for the time
being of the Board, at least one of whom
must be the President or a Deputy President.
(4) A question arising at a meeting is to be
decided by a majority of votes of the
10 members present and voting on that question
and, if the votes are equal, the person
presiding at the meeting has a casting vote.
(5) The PRS Board must keep a record of the
decisions and full and accurate minutes of its
15 meetings.
(6) Subject to this Act, the PRS Board may
regulate its own procedure.
87N Effect of vacancy or defect
An act or decision of the PRS Board is not
20 invalid only because of--
(a) a vacancy in its membership; or
(b) a defect or irregularity in the
appointment of any of its members.
87O Immunity
25 (1) A PRS Board officer is not personally liable
for anything done or omitted to be done in
good faith--
(a) in the performance of a function under
this Act; or
30 (b) in the reasonable belief that the act or
omission was in the performance of a
function under this Act.
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(2) Any liability arising from an act or omission
that would, but for subsection (1), attach to a
PRS Board officer, attaches instead to the
PRS Board.
5 (3) This section does not apply to the
performance of a review function.
Note
See section 86AY(1) for protection of members
performing review functions.
10 87P Staffing
(1) Any employees that are necessary for the
purposes of the functions of the PRS Board
under this Act or any other Act may be
employed under Part 3 of the Public
15 Administration Act 2004.
(2) The PRS Board may enter into agreements or
arrangements for the use of the services of
any staff of a government department,
statutory authority or other public body.
20 87Q Confidentiality
(1) A PRS Board officer must not, directly or
indirectly, make a record of or disclose to
someone else, any information acquired by
the officer in the performance of functions
25 under this Act, except as provided under this
section.
Penalty: 60 penalty units.
(2) A PRS Board officer may make a record of
or disclose information if--
30 (a) the record or disclosure is necessary for
the officer to perform his or her
functions under this Act; or
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(b) the record or disclosure is necessary for
the purposes of obtaining of legal
advice in relation to the performance of
the functions of the officer or the PRS
5 Board under this Act; or
(c) the officer is required to do so under the
Independent Broad-based Anti-
corruption Commission Act 2011; or
(d) the information relates to a person and
10 the person to whom the information
relates consents to the creation of the
record or the disclosure; or
(e) the record or disclosure is necessary for
the PRS Board to complete its report of
15 operations under the Financial
Management Act 1994 and the
information does not identify a person
or their personal affairs.
Division 4--Checks and investigations by the
20 PRS Board
87R Checks and investigations for registration
and provision of advice
The powers in this Division may be
exercised by the PRS Board for the purposes
25 of--
(a) determining whether to register an
applicant under section 87Y or renew
registration under section 87ZC; or
(b) providing advice to the Chief
30 Commissioner under section 9 or 9A in
respect of a proposed appointment to
the force.
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87S Criminal record and other checks
For the purposes set out in section 87R, the
PRS Board may require an applicant or
proposed appointee to do any of the
5 following--
(a) obtain a check of the applicant's or
proposed appointee's criminal record
and provide the result of the check to
the PRS Board;
10 (b) submit to any tests required by the PRS
Board;
(c) provide the PRS Board with any
references or reports;
(d) provide the PRS Board with
15 satisfactory evidence of recent service
as a member of the force or as a
member of the police force of another
jurisdiction;
(e) provide written consent for the PRS
20 Board to obtain information about the
applicant's or proposed appointee's
previous service with the force or the
police force of another jurisdiction.
87T Investigations and further information
25 (1) For the purposes set out in section 87R, the
PRS Board may--
(a) conduct any investigations and make
any enquiries it considers necessary;
and
30 (b) by written notice, require an applicant
or proposed appointee to appear before
the PRS Board, at the day, time and
venue specified in the notice (being at
least 21 days after the day on which the
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notice is given to the applicant or
proposed appointee) to--
(i) answer any questions; and
(ii) produce any documents specified
5 in the notice; and
(iii) provide any other information
required by the PRS Board.
(2) An applicant or proposed appointee may
appear before the PRS Board by video link
10 or any other means that the PRS Board
considers appropriate.
(3) The PRS Board may refuse to consider an
application for registration or renewal of
registration or to provide advice to the Chief
15 Commissioner under section 9 or 9A if the
applicant or proposed appointee fails to--
(a) appear before the PRS Board at the day
and time specified in a notice under
subsection (1); or
20 (b) answer questions asked by the PRS
Board; or
(c) produce documents specified in a
notice under subsection (1) to the PRS
Board; or
25 (d) provide information required by the
PRS Board.
87U Witness summons
(1) For the purposes set out in section 87R, the
President or Deputy President of the
30 Registration Division may issue a summons
to a person to attend the PRS Board to give
evidence and produce any documents that
are referred to in the summons.
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Note
Section 87V sets out how a summons may be served.
(2) A person who has been properly served with
a summons must not, without reasonable
5 excuse, fail to--
(a) attend as required by the summons until
he or she has been excused or released
from attendance by the PRS Board; or
(b) produce any document referred to in the
10 summons that is in his or her
possession.
Penalty: 10 penalty units.
87V Service of notices and summonses under
this Division
15 (1) A notice or summons required or permitted
to be given to or served on a person under
this Division may be given or served--
(a) by delivering it personally to the
person; or
20 (b) by sending it by post, fax or email to
the person at his or her usual or last
known postal, fax or email address; or
(c) by leaving it at the person's usual or last
known residential or business address
25 with a person on the premises
apparently at least 16 years old and
apparently residing or employed there.
(2) A summons is to be taken to have been
served on a person--
30 (a) in the case of delivery in person--at the
time of delivery;
(b) in the case of posting--2 business days
after the day on which the document
was posted;
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(c) in the case of fax or email--at the time
the fax or email is received.
(3) If a fax or email is received after 4.00 p.m.
on any day, it is to be taken to have been
5 received on the next business day.
(4) In this section--
business day means a day other than--
(a) a Saturday or Sunday; or
(b) a public holiday or half holiday in
10 the place to where the summons is
sent or delivered.
__________________".
17 Part VAA inserted
Before Part VA of the Principal Act insert--
15 "PART VAA--REGISTRATION ON POLICE
PROFESSION REGISTER
Division 1--Registration
87W Qualifications for registration
A person is qualified for registration under
20 this Part if the person--
(a) is of good character and reputation; and
(b) has the qualifications and experience
prescribed by the regulations for
registration at a specified rank; and
25 (c) has the aptitude and efficiency required
to perform as a member of the force at
a specified rank.
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87X Application for registration
(1) A person may apply to the PRS Board for
registration under this Part if the person is--
(a) a member of the force who is absent on
5 secondment to another body or
institution or on leave without pay; or
(b) a former member of the force, other
than a former member of the force who
has been dismissed from the force.
10 Note
Applications should be made to the Registration
Division of the PRS Board, which performs the PRS
Board's registration functions (see section 87A(1)(a)
and 87B(a)).
15 (2) An application must--
(a) be made in writing in the form
approved by the PRS Board; and
(b) contain the information required by the
PRS Board; and
20 (c) be accompanied by--
(i) evidence of the qualifications and
experience that the applicant
claims qualifies himself or herself
to registration; and
25 (ii) the prescribed application fee.
87Y Registration
(1) The PRS Board may register an applicant if
satisfied that the applicant is qualified for
registration.
30 Note
Section 87W sets out the qualifications for
registration.
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(2) The PRS Board may register an applicant
subject to any conditions that the PRS Board
considers appropriate.
(3) The PRS Board cannot refuse to register an
5 applicant, or register an applicant subject to
conditions, unless the PRS Board has--
(a) informed the applicant of the PRS
Board's intention to do so; and
(b) given the applicant a reasonable
10 opportunity to make submissions to the
PRS Board; and
(c) taken any submissions made by the
applicant into account.
(4) If the PRS Board registers an applicant, the
15 PRS Board must--
(a) enter details of the registration in the
Police Profession Register; and
(b) give the applicant a certificate of
registration that includes--
20 (i) the applicant's name; and
(ii) the date on which the applicant
was registered; and
(iii) any conditions to which the
registration is subject; and
25 (iv) any prescribed information.
(5) The PRS Board must notify the applicant in
writing of its decision on the application.
(6) If the PRS Board refuses to register an
applicant, or registers an applicant subject to
30 conditions, the notification under subsection
(5) must include the reasons for the PRS
Board's decision.
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87Z Commencement and duration of
registration
(1) Registration of a person under this Part takes
effect when the PRS Board enters the details
5 of the registration in the Police Profession
Register.
(2) Registration of a person under this Part
remains in force until the earlier of--
(a) the expiry of the period determined by
10 the PRS Board and specified in the
certificate of registration; or
(b) the appointment of the person as a
member of the force or the person's
return to duty as a member of the force
15 (as the case requires); or
(c) the cancellation of the person's
registration.
Division 2--Renewal of registration
87ZA Board must notify person when
20 registration about to expire
The PRS Board must notify a person who is
registered under this Part, in writing at least
2 months before the day on which the
person's registration is due to expire--
25 (a) that the person's registration is due to
expire; and
(b) that the person may apply to have their
registration renewed; and
(c) of the date on which the person's
30 registration will expire.
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87ZB Application for renewal of registration
(1) A person who is registered under this Part
may apply to the PRS Board for renewal of
registration.
5 Note
Applications should be made to the Registration
Division of the PRS Board, which performs the PRS
Board's registration functions (see sections 87A(1)(a)
and 87B(a)).
10 (2) An application for renewal must--
(a) be in writing in the form approved by
the PRS Board; and
(b) contain the information required by the
PRS Board; and
15 (c) be accompanied by satisfactory
evidence of--
(i) the applicant's good character and
reputation; and
(ii) the applicant's qualifications and
20 experience prescribed by the
regulations for registration at a
specified rank; and
(iii) the applicant's aptitude and
efficiency required to perform as a
25 member of the force at a specified
rank; and
(d) be accompanied by the prescribed fee.
(3) If the PRS Board has not decided a person's
application for renewal of registration before
30 the date that the registration would expire
(but for this subsection), the registration
continues until the later of--
(a) the time when the PRS Board renews
the person's registration; or
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(b) the time when the PRS Board gives the
person a notice of its refusal to renew
the person's registration.
87ZC Renewal of registration
5 (1) The PRS Board may renew a person's
registration under this Part if it is satisfied
that the applicant continues to be qualified
for registration.
Note
10 Section 87W sets out the qualifications for
registration.
(2) The PRS Board may renew an applicant's
registration subject to any conditions the
PRS Board considers appropriate.
15 (3) The PRS Board cannot refuse to renew a
person's registration, or renew a person's
registration subject to conditions, unless the
PRS Board has--
(a) informed the person of the PRS Board's
20 intention to do so; and
(b) given the person a reasonable
opportunity to make submissions to the
PRS Board; and
(c) taken any submissions made by the
25 applicant into account.
(4) The PRS Board must notify, in writing, a
person who has applied for renewal of
registration of its decision on the application.
(5) If the PRS Board refuses to renew a person's
30 registration, or renews the person's
registration subject to conditions, the
notification under subsection (4) must
include the reasons for the PRS Board's
decision.
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Division 3--Suspension and cancellation of
registration
87ZD Mandatory suspension of registration
(1) If the PRS Board receives a declaration by
5 the Chief Commissioner that a person who is
registered has been suspended from duty or
directed to take leave from the force, the
PRS Board must, by written notice, suspend
the registration of the person under this Part.
10 Note
The Chief Commissioner may suspend a member
from the force or direct a member to take leave under
section 71 or 79.
(2) A suspension of registration under this
15 section takes effect when notice of the
suspension is given to the person by the PRS
Board.
(3) A suspension under this section remains in
force until the earlier of--
20 (a) the person's return to duty; or
(b) the cancellation of the person's
registration.
Note
If a member of the force is dismissed, his or her
25 registration under this Part must be cancelled under
section 87ZG.
87ZE Discretionary suspension of registration
(1) The PRS Board, by written notice, may
suspend the registration of a person under
30 this Part on any of the following grounds--
(a) the PRS Board has received
information indicating that the person is
not qualified for registration; or
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(b) the PRS Board reasonably believes that
the person's application for registration
or renewal of registration contained
information that was false or
5 misleading; or
(c) the Chief Commissioner notifies the
PRS Board that an inquiry into a breach
of discipline by the member has
commenced.
10 (2) A suspension of registration under this
section takes effect when notice of the
suspension is given to the person by the PRS
Board.
(3) A suspension of registration under this
15 section lasts until--
(a) the PRS Board revokes the suspension;
or
(b) the PRS Board cancels the person's
registration.
20 Note
Section 87A(2) requires the PRS Board to have regard
to the advice of the Chief Commissioner when
performing its registration functions.
87ZF Effect of suspension
25 A person whose registration under this Part
has been suspended is taken, during the
period of suspension, not to be registered
under this Part.
87ZG Mandatory cancellation of registration
30 (1) The PRS Board must, by written notice,
cancel the registration of a person under this
Part on receiving a declaration by the Chief
Commissioner that the person has been
dismissed from the force.
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(2) A cancellation of registration under this
section takes effect when notice of the
suspension is given to the person by the PRS
Board.
5 87ZH Notice of intention to cancel
(1) The PRS Board may give a person who is
registered under this Part a written notice
(notice of intention to cancel) requiring the
person to show cause, within the time
10 specified in the notice, why the person's
registration should not be cancelled if the
PRS Board considers that--
(a) the person is not qualified for
registration; or
15 (b) the person's application for registration
or renewal of registration contained
information that was false or
misleading.
Note
20 Section 87W sets out the qualifications for
registration.
(2) The time specified in the notice of intention
to cancel must be at least 21 days after the
day on which the notice is given to the
25 person.
(3) If the person responds to the notice of
intention to cancel within the time specified
by the notice, or within any further time
allowed by the PRS Board, the PRS Board
30 must consider the person's response before
cancelling the person's registration under this
Part.
Note
Section 87A(2) requires the PRS Board to have regard
35 to the advice of the Chief Commissioner when
performing its registration functions.
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87ZI Cancellation following notice
(1) Subject to this Part, the PRS Board may
cancel the registration of a person to whom a
notice of intention to cancel has been given
5 under section 87ZH.
Note
If a person responds to a notice of intention to cancel
within the time specified by the notice, or within any
further time allowed by the PRS Board, the PRS
10 Board must consider the person's response before
cancelling the person's registration under this Part
(see section 87ZH(3)).
(2) If the PRS Board cancels the registration of a
person under subsection (1), it must give
15 written notice as soon as practicable to the
person whose registration is cancelled.
(3) Cancellation of registration takes effect from
the day on which notice under subsection (2)
is given to the person or on a later day
20 specified in the notice.
Note
Section 87A(2) requires the PRS Board to have regard
to the advice of the Chief Commissioner when
performing its registration functions.
25 87ZJ Return of certificate on cancellation
A person whose registration is cancelled
under this Part must return his or her
certificate of registration to the PRS Board
within 28 days after the day on which the
30 person receives notice of the cancellation.
Penalty: 60 penalty units.
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Division 4--Hearings
87ZK Hearings
(1) The PRS Board may conduct a hearing if the
President of the PRS Board or the Deputy
5 President of the Registration Division
determines that it is necessary to do so for
the purposes of determining whether to--
(a) grant or refuse an application for
registration or renewal of registration;
10 or
(b) cancel the registration of a person to
whom a notice of intention to cancel
has been given.
(2) The PRS Board must give written notice to
15 an applicant for registration or renewal of
registration or a person to whom a notice of
intention to cancel was given (as the case
requires) of the day, time and venue for the
hearing.
20 (3) For the purpose of conducting a hearing, the
PRS Board is to be constituted by 3 members
of the Registration Division, of whom--
(a) at least one is the President or the
Deputy President of the Registration
25 Division; and
(b) at least one is a legal practitioner of at
least 5 years standing.
(4) The President of the PRS Board or the
Deputy President of the Registration
30 Division must preside at the hearing.
87ZL Procedure at hearings
(1) An applicant for registration or renewal of
registration, or a person to whom a notice of
intention to cancel was given--
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(a) may appear at a hearing under
section 87ZK; and
(b) may be represented at the hearing by
any person other than a legal
5 practitioner.
(2) The PRS Board is not bound by the rules of
evidence or any practices or procedures
applicable to courts of record and may
inform itself on any matter as it sees fit.
10 (3) The PRS Board may require evidence to be
given on oath and, for that purpose, a
member of the PRS Board may administer an
oath or cause an oath to be administered.
(4) If a person has been given notice under
15 section 87ZK(2) and fails to attend at the
time and venue specified in the notice, the
hearing may be held in the person's absence.
(5) A question before the PRS Board at a
hearing under this section must be decided
20 according to the opinion of the majority of
the members present.
(6) The person presiding at the hearing has a
deliberative vote and, if the members are
equally divided in opinion, a second or
25 casting vote.
87ZM Application for registration or renewal of
registration hearings--Private unless
otherwise ordered
(1) Subject to this section, all hearings of the
30 PRS Board to decide whether to refuse an
application for registration or renewal of
registration must be held in private.
(2) The PRS Board, at the request of an
applicant, may conduct a hearing in public.
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(3) The PRS Board, on its own initiative, may
conduct a hearing in public if the PRS Board
is satisfied the holding of the hearing in
public would facilitate the conduct of the
5 proceedings or would otherwise be in the
public interest.
87ZN Cancellation of registration hearings--
Public unless otherwise ordered
(1) Subject to this section, all hearings of the
10 PRS Board to decide whether to cancel the
registration of a person must be held in
public.
(2) The PRS Board, on the application of the
person to whom a notice of intention to
15 cancel was given, may direct that a hearing
or any part of it be held in private.
(3) The PRS Board, on its own initiative, may
direct that a hearing or any part of it be held
in private, if the PRS Board is satisfied that
20 the holding of the hearing or part in private
would facilitate the conduct of the
proceedings or would otherwise be in the
public interest.
(4) If the PRS Board considers it necessary to do
25 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 PRS Board.
(5) If an order is made under subsection (4), the
PRS Board must cause a copy of the order to
be displayed in a conspicuous place where
the hearing is held.
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(6) A person must not contravene an order made
under subsection (4) that has been displayed
in accordance with subsection (5).
Penalty: 60 penalty units.
5 Division 5--Police Profession Register
87ZO PRS Board to keep Police Profession
Register
(1) The PRS Board must keep a register (called
the Police Profession Register) of persons
10 registered under this Part.
(2) The following particulars must be included
on the Police Profession Register against the
name of the person to whom they apply--
(a) the person's Victoria Police registered
15 number or former registered number
(if any);
(b) the date the person was first registered;
(c) the person's contact address and
particulars;
20 (d) any conditions to which the registration
is subject;
(e) the date on which the registration
expires.
(3) The Police Profession Register may contain
25 any other information the PRS Board
considers appropriate.
(4) The PRS Board must keep in a separate part
of the Police Profession Register particulars
of a person whose registration has been
30 suspended or cancelled.
(5) The Police Profession Register is to be kept
in the form and manner determined by the
PRS Board.
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87ZP Chief Commissioner to notify PRS Board
of appointments and dismissals
The Chief Commissioner must give written
notice to the PRS Board as soon as
5 practicable after--
(a) a person registered under this Part is
appointed as a member of the force; or
(b) a person registered under this Part is
dismissed from the force.
10 Division 6--General
87ZQ Natural justice
The PRS Board is bound by the rules of
natural justice in the performance of its
functions under this Part.
15 87ZR Service of notices under this Part
(1) A notice or other document required or
permitted to be given to or served on a
person under this Part may be given or
served--
20 (a) by delivering it personally to the
person; or
(b) by sending it by post, fax or email to
the person at his or her usual or last
known postal, fax or email address; or
25 (c) by leaving it at the person's usual or last
known residential or business address
with a person on the premises
apparently at least 16 years old and
apparently residing or employed there.
30 (2) If a fax or email is received after 4.00 p.m.
on any day, it is to be taken to have been
received on the next business day.
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(3) In this section--
business day means a day other than--
(a) a Saturday or Sunday; or
(b) a public holiday or half holiday in
5 the place to where the summons is
sent or delivered.
__________________".
18 Status and powers of a special constable
In section 102N(3) of the Principal Act--
10 (a) in paragraph (a), omit "8AA,";
(b) in paragraph (b), for "and (V)" substitute
"and IVAA".
19 Appointment of police reservists
In section 103(3) of the Principal Act, for
15 "IVA and V" substitute "IVAA and IVA".
20 Appointment of protective services officers
(1) In section 118B of the Principal Act--
(a) in subsection (2), for "IVA and V"
substitute "IVAA and IVA";
20 (b) subsections (4), (4A), (4B) and (5) are
repealed;
(c) in subsection (6), for "and in an appeal"
substitute "under this section or an appeal
under section 86AD".
25 (2) After section 118B(6) of the Principal Act
insert--
"(6A) The Chief Commissioner must cause notice
of the selection of a protective services
officer for promotion to be published in the
30 Police Gazette.".
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21 Regulations
(1) In section 130(1) of the Principal Act--
(a) for paragraph (f) substitute--
"(f) appeals and reviews under Part
5 IVAA;";
(b) in paragraph (h), for "Appeals Board"
substitute "PRS Board";
(c) after paragraph (i) insert--
"(ia) prescribing minimum education or
10 training standards for various positions
within the force or for re-entry of
former members into the force;
(ib) prescribing minimum education or
training standards for the professional
15 development of members of the force;
(ic) prescribing requirements for
appointment or re-appointment to the
force in addition to any requirements
specified in this Act;".
20 (2) After section 130(1) of the Principal Act insert--
"(2) The regulations--
(a) may be of general or limited
application; and
(b) may differ according to differences in
25 time, place or circumstances; and
(c) may apply, adopt or incorporate any
matter contained in any document,
code, standard, rule, specification or
method, formulated, issued, prescribed
30 or published by any person whether--
(i) wholly or partially or as amended
by the regulations; or
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(ii) formulated, issued, prescribed or
published at the time the
regulations are made or at any
time before then; or
5 (iii) as formulated, issued, prescribed
or published from time to time;
and
(d) may leave anything for the approval or
satisfaction of a specified person; and
10 (e) may provide in a specified case or class
of case for the exemption of persons or
things or a specified class of persons or
things from any of the provisions of the
regulations, whether unconditionally or
15 on specified conditions, and either
wholly or to such an extent as is
specified.".
22 New section 135 inserted
After section 134 of the Principal Act insert--
20 "135 Transitional provisions for Police
Regulation Amendment Act 2012
(1) Division 4 of Part IV as in force immediately
before the commencement of section 14 of
the amending Act continues to apply to any
25 inquiry that was begun but not completed
before that commencement.
(2) Division 1 of Part IVAA applies to--
(a) a promotion or transfer decision made
on or after the commencement of
30 section 15 of the amending Act; and
(b) a promotion or transfer decision made
before the commencement of
sections 7, 20(1)(b) and 15 of the
amending Act, unless an appeal was
35 lodged under section 8AA or 118B(4)
571270B.I-23/10/2012 65 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
s. 22
in relation to the decision before that
commencement.
(3) A reference in section 86AC(3) to an appeal
lodged under that section includes a
5 reference to an appeal lodged under
section 8AA before the commencement of
sections 7 and 15 of the amending Act.
(4) A reference in section 86AD(2) to an appeal
lodged under that section includes a
10 reference to an appeal lodged under
section 118B(4) before the commencement
of sections 15 and 20(1)(b) of the amending
Act.
(5) Division 2 of Part IVAA applies to--
15 (a) a decision referred to in section
86AH(1) made on or after the
commencement of section 15 of the
amending Act; and
(b) a decision referred to in section
20 86AH(1) made before the
commencement of section 15 of the
amending Act, unless an application for
review of the decision was made under
section 91F(1) before that
25 commencement.
(6) Part V, as in force immediately before the
commencement of sections 7, 16 and 20 of
the amending Act, continues to apply to--
(a) an appeal lodged under section 8AA
30 or 118B before that commencement
that had not been determined before
that commencement; and
(b) an application for review made under
section 91F before that commencement
35 that had not been determined before
that commencement; and
571270B.I-23/10/2012 66 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
s. 22
(c) a determination made on or after that
commencement under section 85
(as continued in operation by
subsection (1) of this section) on an
5 inquiry that was begun but not
completed before the commencement
of section 14 of the amending Act.
(7) For the purposes of subsection (6), the
Appeals Board continues to exist.
10 (8) Despite anything to the contrary in Part V,
on the commencement of section 16 of the
amending Act--
(a) the person who was chairperson of the
Appeals Board immediately before that
15 commencement becomes a Deputy
President of the PRS Board, as if he or
she had been appointed under section
87D(1)(b)(iii), for the remainder of his
or her term of appointment under
20 section 89 and on the same terms and
conditions, and is eligible for
reappointment under section 87D(1);
(b) a person who was a deputy chairperson
of the Appeals Board immediately
25 before that commencement becomes a
member of the PRS Board, as if he or
she had been appointed under section
87D(1)(e), for the remainder of his or
her term of appointment under section
30 89 and on the same terms and
conditions, and is eligible for
reappointment under section 87D(1).
571270B.I-23/10/2012 67 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
s. 23
(9) In this section--
amending Act means the Police Regulation
Amendment Act 2012;
Appeals Board means the Appeals Board
5 established by section 87 as in force
immediately before the commencement
of section 16 of the amending Act;
promotion or transfer decision means--
(a) the selection of a member of the
10 force for promotion or transfer
under section 8; or
(b) the selection of a protective
services officer for promotion
under section 118B.".
15 23 Repeal of amending Act
This Act is repealed on 1 April 2015.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
20 Interpretation of Legislation Act 1984).
571270B.I-23/10/2012 68 BILL LA INTRODUCTION 23/10/2012
Police Regulation Amendment Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571270B.I-23/10/2012 69 BILL LA INTRODUCTION 23/10/2012
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