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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victoria Police Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Meaning of efficiency 9
5 Melbourne metropolitan area 10
PART 2--VICTORIA POLICE 11
Division 1--Constitution, role and functions 11
6 Victoria Police 11
7 Who constitutes Victoria Police? 11
8 Role of Victoria Police 11
9 General functions of Victoria Police 11
Division 2--Relationship with government 12
10 Ministerial directions 12
11 Minister's power to obtain information and reports 14
12 Annual report of Chief Commissioner 15
PART 3--VICTORIA POLICE PERSONNEL 16
Division 1--Ranks, commissions and numbers 16
13 Rank structure 16
14 Commissioned officers 16
15 Number of police officers and protective services officers 17
Division 2--Chief Commissioner 17
16 Role of Chief Commissioner 17
17 Appointment of Chief Commissioner 18
18 Appointment of Acting Chief Commissioner 18
19 Delegation by Chief Commissioner 19
Division 3--Deputy Commissioners 20
20 Role of Deputy Commissioners 20
21 Appointment of Deputy Commissioners 20
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22 Appointment of Acting Deputy Commissioner 20
23 Deputy Commissioner may act temporarily as Chief
Commissioner in certain circumstances 21
Division 4--Assistant Commissioners 22
24 Employment of Assistant Commissioners 22
25 Status of Assistant Commissioner as a police officer 23
26 Appointment of Acting Assistant Commissioner 23
Division 5--Other police officers 24
27 Appointment of police officers 24
28 Probation for appointment 25
29 Appointment of officers from other jurisdictions 26
30 Appointment of former police officers 27
31 Promotion of police officers 28
32 Probation for promotion 29
33 Transfer of police officers 30
34 Transfer on application or request 30
35 Directed transfer of police officers 31
Division 6--Police recruits 31
36 Employment of police recruits 31
Division 7--Protective services officers 32
37 Functions of protective services officers 32
38 Appointment of protective services officers 32
39 Probation for appointment 33
40 Promotion of protective services officers 34
41 Probation for promotion 35
42 Transfer of protective services officers 36
43 Transfer on application or request 36
44 Directed transfer of protective services officers 37
Division 8--Police reservists 37
45 Status of police reservists 37
46 Duty to act under direction and control 39
47 Training 39
48 Resignation 39
49 Suspension and termination of appointment 39
PART 4--POLICE DUTIES, POWERS, ENTITLEMENTS,
PROTECTION AND LIABILITY 40
Division 1--Oath of office 40
50 Oath of office 40
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Division 2--General duties and powers 41
51 Duties and powers of police officers 41
52 Duties and powers of protective services officers 41
53 Proof of office 41
54 Temporary cessation of powers during leave or secondment 42
55 Permanent cessation of powers 44
Division 3--Specific duties and powers 45
56 Execution of process and warrants 45
57 Disposal of unclaimed property 45
58 Disputed property in possession of police 47
59 Assistance to coroners 48
Division 4--Chief Commissioner's instructions and determinations 48
60 Chief Commissioner's instructions 48
61 Personnel to comply with the Chief Commissioner's
instructions 50
62 Determination of uniforms and other equipment and other
standards 50
Division 5--General employment matters 51
63 Training courses 51
64 Long service leave 51
65 Resignation and retirement 51
66 Abandonment of appointment 51
67 Ill-health retirement 52
Division 6--Incapacity for duty 53
68 Definitions 53
69 Notice of incapacity 54
70 Determination of incapacity 55
Division 7--Protections 56
71 Protection of people executing warrants 56
Division 8--Liability for tortious conduct by police and protective
services officers 58
72 What is a police tort? 58
73 What is a police tort claim? 59
74 Liability of the State for police torts 59
75 How can police tort claims be made? 60
76 Counterclaims 61
77 Time for serving State's defence 61
78 Costs in police tort claims 62
79 Payments by the State if police or protective services officer
liable 62
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80 Division does not affect certain claims and proceedings 63
81 Effect of Division on other laws 63
PART 5--DRUG AND ALCOHOL TESTING 64
Division 1--Introduction 64
82 Definitions 64
83 Designated work units and designated work functions 66
84 Meaning of rostered on and rostered off 67
Division 2--Critical incident testing 67
85 Persons subject to critical incident testing 67
86 Critical incident testing 67
87 Samples taken where person is unconscious etc. 68
Division 3--Targeted Testing 69
88 Targeted testing--Victoria Police personnel (other than
Victoria Police employees) 69
89 Persons may be rostered on for the purposes of section 88(2) 70
90 Targeted testing--certain Victoria Police employees 71
Division 4--Designated work unit testing and designated work
function testing 72
91 Persons subject to designated work unit testing or designated
work function testing 72
92 Designated work unit testing 72
93 Designated work function testing 72
Division 5--Random testing 73
94 Persons subject to random testing 73
95 Random testing 73
Division 6--Use of test results 73
96 Chief Commissioner may have regard to evidence in certain
circumstances 73
97 Admissibility of test results in certain proceedings 75
98 Confidentiality of test results 76
Division 7--General 77
99 Requirement to comply with testing direction 77
100 Offence to tamper with a sample 77
101 Limitation of liability for registered medical practitioners etc. 78
102 Operation of the Road Safety Act 1986 78
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PART 6--POLICE REGISTRATION 79
Division 1--Registration 79
103 Qualifications for registration 79
104 Application for registration 79
105 Registration 80
106 Commencement and duration of registration 81
Division 2--Renewal of registration 82
107 Board must notify person when registration about to expire 82
108 Application for renewal of registration 82
109 Renewal of registration 83
Division 3--Suspension and cancellation of registration 84
110 Mandatory suspension of registration 84
111 Discretionary suspension of registration 85
112 Effect of suspension 86
113 Mandatory cancellation of registration 86
114 Notice of intention to cancel 87
115 Cancellation following notice 88
116 Return of certificate on cancellation 88
Division 4--Hearings 89
117 Hearings 89
118 Procedure at hearings 89
119 Application for registration or renewal of registration
hearings--Private unless otherwise ordered 90
120 Cancellation of registration hearings--Public unless
otherwise ordered 91
Division 5--Police Profession Register 92
121 PRS Board to keep Police Profession Register 92
122 Chief Commissioner to notify PRS Board of appointments
and dismissals 93
Division 6--General 93
123 Natural justice 93
124 Service of notices under this Part 93
PART 7--DISCIPLINE 94
Division 1--Breaches of discipline 94
125 Breaches of discipline 94
126 Preliminary investigation 95
127 Charging 96
128 Form of charge 97
129 Inquiry into a charge 98
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130 Authorisation of persons to charge or inquire into and
determine charges 98
131 Procedure on an inquiry 98
132 Determination of the inquiry 99
133 Enforcement of the determination 101
134 Adjournment of charge 101
Division 2--Offences punishable by imprisonment 101
135 Officer believed to have committed an offence punishable
by imprisonment 101
136 Charge found proven against officer 102
137 Action not to be taken against an officer twice 104
Division 3--Effect of suspension, dismissal or reduction of rank 104
138 Suspension 104
139 Forfeiture of salary 105
140 No compensation for dismissal or reduction in rank 105
PART 8--APPEALS AND REVIEWS 107
Division 1--Appeals 107
141 Promotion and transfer appeals--police officers 107
142 Promotion and transfer appeals--protective services officers 108
143 Constitution of PRS Board for appeal 109
144 Appeal to be re-hearing 110
145 Procedure on appeal 110
Division 2--Reviews 111
146 What decisions are reviewable? 111
147 Form and time limits for applying for review 114
148 Constitution of PRS Board for review 114
149 Special procedure for review of directed transfers 115
150 Chief Commissioner to lodge file in review of incapacity
decisions 116
151 PRS Board must have regard to public interest and interests
of applicant 116
152 Powers of PRS Board on review of termination or dismissal
decisions 117
153 Powers of PRS Board on review of certain demotion and
transfer decisions 119
154 Powers of PRS Board on review of other decisions 120
Division 3--General provisions for appeals and reviews 120
155 Natural justice 120
156 General procedure 120
157 Hearings to be public unless otherwise ordered 120
158 Appearance and representation 121
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159 Evidence 121
160 Witness summons 122
161 Witness summons offences 123
162 Contempt of PRS Board 124
163 Protection of participants 124
164 Extension of time 125
165 Chief Commissioner to give effect to PRS Board orders and
decisions 125
PART 9--COMPLAINTS AND INVESTIGATIONS 126
Division 1--Preliminary 126
166 Definitions 126
Division 2--Complaints and investigations 127
167 Making of complaints 127
168 Certain complaints to be referred to the Chief Commissioner 128
169 Complaints made to a police officer or protective services
officer 129
170 Investigations by the Chief Commissioner 129
171 Power to require answers etc. 130
172 Advice to complainant 130
Division 3--General 131
173 Prohibition of victimisation 131
174 Other offences 132
PART 10--INVESTIGATION OF PROTECTED DISCLOSURE
COMPLAINTS 134
Division 1--Investigations 134
175 Duty to investigate 134
176 Power to require answers etc. of specified members of police
personnel in certain investigations 134
177 Person who made disclosure may request information about
investigation 135
Division 2--Action on investigation 135
178 Chief Commissioner must take action 135
179 Chief Commissioner must report to the IBAC and may give
Premier and Minister information 136
180 Premier and Minister may disclose information for purpose
of obtaining advice 137
181 Chief Commissioner must inform person who made disclosure
of outcome of investigation 137
182 Chief Commissioner must not disclose information in certain
cases 137
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Division 3--Disclosure of information 138
183 Definitions 138
184 Disclosure of information by the Chief Commissioner and
other police personnel 140
185 Disclosure of restricted matter prohibited 143
186 Chief Commissioner may authorise disclosure of restricted
matter 145
Division 4--Investigation procedures 146
187 Chief Commissioner must establish investigation procedures 146
188 IBAC may review investigation procedures 147
189 Chief Commissioner must adopt recommendation or give the
IBAC reasons for not doing so 148
Division 5--Other matters 148
190 Chief Commissioner may request the IBAC to withdraw
protected disclosure complaint 148
PART 11--SPECIAL CONSTABLES 150
Division 1--Appointment of special constables generally 150
191 Appointment of special constables 150
192 Oath of office 151
193 Status and powers of special constable 152
194 Termination of appointment 153
195 Discipline 154
Division 2--Incidents requiring urgent cross-border assistance 155
196 Declaration of incident 155
197 Period of declaration 156
198 Appointment of special constables during declared incident 156
199 Oath or affirmation 157
200 Termination of appointment 157
PART 12--POLICE REGISTRATION AND SERVICES BOARD 158
Division 1--Establishment and functions 158
201 Establishment of PRS Board 158
202 Functions of the PRS Board 159
203 Divisions of the PRS Board 160
204 Powers of the PRS Board 160
Division 2--Membership 160
205 Membership of the PRS Board 160
206 Membership of Registration Division 162
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207 Membership of Professional Standards Division 162
208 Membership of Review Division 163
209 Allocation of members to Divisions of PRS Board 163
210 Remuneration 163
211 Accountability of the President 163
212 Vacancies, resignation and removal from office 164
213 Acting President, Deputy Presidents and other members 164
Division 3--General provisions for the PRS Board 166
214 Meetings of the PRS Board 166
215 Effect of vacancy or defect 166
216 Immunity 167
217 Staffing 167
218 Confidentiality 167
219 Delegation 168
Division 4--Checks and investigations by the PRS Board 169
220 Checks and investigations for registration and provision
of advice 169
221 Criminal record and other checks 169
222 Investigations and further information 170
223 Witness summons 171
224 Service of notices and summonses under this Division 171
PART 13--CONFIDENTIALITY AND PRIVILEGE 173
Division 1--Confidentiality of police information 173
225 Definitions 173
226 Victoria Police personnel duty not to access, use or disclose
police information 174
227 Unauthorised access to, use of or disclosure of police
information by members or former members of Victoria
Police personnel--summary offence 174
228 Unauthorised access to, use of or disclosure of police
information by members or former members of Victoria
Police personnel--indictable offence 175
229 Unauthorised access to, use of or disclosure of police
information by service providers 175
230 Access to, use of or disclosure of information on a
computerised database 176
231 Other authorised access to, use of or disclosure of police
information 177
232 Offence to disclose information in relation to drug and
alcohol testing 178
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Division 2--Other confidentiality and privilege provisions 179
233 Deliberations of Ministers and Parliamentary committees
not to be disclosed 179
234 Certain crime reports privileged 180
Division 3--Agency photographs 181
235 Definitions 181
236 Authorisation of media organisations 182
237 Application for authorisation under section 236 183
238 Chief Commissioner may authorise the giving of agency
photographs to media organisations 183
239 Application for giving of agency photograph 184
240 Considerations to be taken into account in authorising the
giving of agency photographs 184
241 Notification of authorisation under section 238 186
242 Offences as to authorisation and use of agency photographs 186
243 Protection against actions for defamation or breach of
confidence 187
244 Protection in respect of offences 188
245 Procedure under section 234 not affected 188
Division 4--Disclosure of vehicle accident information 188
246 Definitions 188
247 Declaration of non-Victorian statutory insurance scheme laws
and persons as statutory scheme insurers 192
248 Certain persons may request disclosure of vehicle accident
information 193
249 Form and content of application for vehicle accident
information 193
250 Disclosure of vehicle accident information 194
251 Disclosure or use of vehicle accident information for a
purpose other than an authorised purpose prohibited 195
PART 14--COMPLIANCE AND ENFORCEMENT 196
Division 1--General offences in relation to Victoria Police 196
252 Bribery and corruption by police or protective services
officers 196
253 Bribery and corruption towards police or protective services
officers 197
254 Failure to return Victoria Police identification or Victoria
Police equipment 198
255 Unauthorised manufacture, possession, use or supply of
Victoria Police identification or Victoria Police equipment 199
256 Impersonating police or protective services officers 200
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257 Obtaining appointment as police officer or protective services
officer by false representations or documents 201
258 Causing disaffection 201
Division 2--Ancillary provisions for offences 202
259 Definitions 202
260 Criminal liability of officers of bodies corporate--accessorial
liability 202
261 Criminal liability of officers of bodies corporate--failure to
exercise due diligence 203
262 Conduct by officers, employees or agents 204
Division 3--Search and seizure powers 206
263 Definitions 206
264 Entry and search with consent 208
265 Notice before entry and search 209
266 Acknowledgement of consent to entry and search 209
267 Search warrants 211
268 Form and content of search warrant 211
269 Announcement before entry 213
270 Details of warrant to be given to occupier 214
271 Seizure of things not mentioned in the warrant 214
272 Retention and return of seized things 215
273 Magistrates' Court may extend 6 month period 215
274 Things seized may be used in connection with investigations
into conduct 216
PART 15--GENERAL 217
275 Judicial notice 217
276 Voluntary DNA samples for elimination purposes 217
277 Regulations 218
PART 16--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS 220
Division 1--Police Regulation Act 1958 220
278 Change of short title 220
279 Definitions 220
280 Repeals in Part I (Appointments and Retirements) 221
281 Repeal of Parts II, IV, IVAA, IVA, IVB, V, VAA, VA and VC 221
282 Repeals and amendments in Part VI (Retired Police Reserve) 221
283 Repeal of Parts VIA, VIB and VIC 221
284 Repeals in Part VII 221
285 Repeal of First Schedule and Second Schedule 222
286 Repeal of Division 222
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Division 2--Transitional provisions 222
287 Transitional provisions 222
__________________
SCHEDULES 223
SCHEDULE 1--Chief Commissioner, Deputy Chief
Commissioners and Assistant Commissioners 223
PART 1--CHIEF COMMISSIONER 223
1 Terms and conditions of appointment of Chief Commissioner 223
2 When does the Chief Commissioner's office become vacant? 223
3 Resignation or retirement of Chief Commissioner 224
4 Removal of Chief Commissioner 224
5 Suspension of Chief Commissioner 224
PART 2--DEPUTY COMMISSIONERS 225
6 Terms and conditions of appointment of Deputy
Commissioners 225
7 When does a Deputy Commissioner's office become vacant? 225
8 Resignation or retirement of Deputy Commissioners 226
9 Removal of Deputy Commissioners 226
10 Suspension of Deputy Commissioner 227
PART 3--ASSISTANT COMMISSIONERS 227
11 Employment of Assistant Commissioners governed by
contract 227
12 Disciplinary standards 228
13 Ill-health retirement 228
14 Incapacity for duty 229
15 Reduction in remuneration 229
16 Termination of employment by Chief Commissioner 229
17 No compensation 229
18 Resignation or retirement of Assistant Commissioners 229
19 Right of reversion to former rank on termination or expiry
of contract 230
SCHEDULE 2--Oaths and affirmations 232
Form 1--Oath or Affirmation for Police Officers 232
Form 2--Oath or Affirmation for Protective Services Officers 232
Form 3--Oath or Affirmation for Special Constables 233
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SCHEDULE 3--Long Service Leave 234
1 Application of Schedule 234
2 Basic entitlement to long service leave 234
3 Leave on half pay 234
4 Time of taking leave 234
5 Payment in place of long service leave--retirement or death 235
6 Payment in place of long service leave--resignation or other
termination 236
SCHEDULE 4--Reportable Offences 237
PART 1--LEVEL 1, 2, 3 OR 4 OFFENCES OR THEIR
EQUIVALENT 237
PART 2--OTHER CRIMES ACT OFFENCES 237
PART 3--OTHER STATUTORY OFFENCES 239
PART 4--COMMON LAW OFFENCES 240
SCHEDULE 5--Subject Matter for Regulations 241
PART 1--VICTORIA POLICE 241
PART 2--DUTIES, POWERS, ENTITLEMENTS AND
PROTECTION 241
PART 3--EDUCATION AND TRAINING 242
PART 4--EMPLOYMENT AND DISCIPLINE PROCEEDINGS 243
PART 5--DRUG AND ALCOHOL TESTING 243
PART 6--COMPLAINTS AND INVESTIGATIONS ABOUT
POLICE 244
PART 7--FEES AND CHARGES 244
SCHEDULE 6--Transitional Provisions 245
PART 1--PRELIMINARY 245
1 Definitions 245
2 General transitional provisions 245
3 Transitional regulations 245
4 Change of name of old Act 246
PART 2--VICTORIA POLICE 246
5 Victoria Police succeeds the force 246
6 Superseded references to the force and members of the force 246
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PART 3--VICTORIA POLICE PERSONNEL 247
7 Chief Commissioner 247
8 Deputy Commissioners 247
9 Assistant Commissioners 247
10 Other members of the force 248
11 Police recruits 248
12 Protective services officers 248
13 Special constables 249
14 Commissioned officers 249
15 Probation 249
16 Former members of police personnel and members of the
force 249
PART 4--POLICE DUTIES, POWERS, ENTITLEMENTS AND
PROTECTION 250
17 Oath or affirmation 250
18 Determination of uniforms, equipment and other standards 250
19 Chief Commissioner's instructions 251
20 Training agreements and sureties 251
21 Long service leave 251
22 Resignation 251
23 Ill-health retirement 252
24 Incapacity for duty 252
25 Police tort claims 252
PART 5--DRUG AND ALCOHOL TESTING 252
26 Critical incident testing 252
27 Use of samples and testing results obtained under the old Act 252
28 Offence to disclose identifying information 253
PART 6--POLICE REGISTRATION 253
29 Registration 253
30 PRS Board 254
PART 7--DISCIPLINE 254
31 Disciplinary action commenced under old Act 254
32 Disciplinary action under this Act 255
PART 8--APPEALS AND REVIEWS 255
33 Appeals and reviews under old Act 255
34 Appeals and reviews under this Act 256
PART 9--POLICE COMPLAINTS AND PROTECTED
DISCLOSURE COMPLAINTS 256
35 Complaints made before the commencement day 256
36 Protected disclosure complaints 257
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PART 10--CONFIDENTIALITY AND PRIVILEGE 257
37 Declaration of non-Victorian statutory insurance scheme laws
and persons as statutory insurance scheme insurers 257
38 Requests for vehicle accident information made before
commencement day 257
39 Offences in relation to vehicle accident information 258
40 Authorisation of media organisations 258
41 Applications for and use of agency photographs 258
PART 11--GENERAL 258
42 Declaration of incidents requiring urgent cross-border
assistance 258
43 Disputed property in possession of police 259
ENDNOTES 260
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victoria Police Bill 2013
A Bill for an Act to re-enact and modernise the law relating to the
governance and regulation of Victoria Police, to retitle and
substantially repeal the Police Regulation Act 1958 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are to--
(a) re-enact and modernise the law relating to
5 the governance and regulation of Victoria
Police; and
(b) retitle and substantially repeal the Police
Regulation Act 1958.
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s. 2
2 Commencement
(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
5 operation before 1 December 2014, it comes into
operation on that day.
3 Definitions
(1) In this Act--
Assistant Commissioner means a person
10 employed as an Assistant Commissioner
under section 24;
breach of discipline has the meaning given in
section 125;
business day means a day other than a Saturday, a
15 Sunday or a public holiday or half-holiday
appointed under the Public Holidays Act
1993;
Chief Commissioner means the Chief
Commissioner of Police appointed under
20 section 17;
Chief Commissioner's instructions means any
instructions issued under section 60 as in
force from time to time;
commissioned officer means a police officer
25 certified as a commissioned officer of
Victoria Police under section 14;
country position means a position in Victoria
Police that is located outside the Melbourne
metropolitan area;
30 Deputy Commissioner means a person appointed
as a Deputy Commissioner under section 21;
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s. 3
designated place means a place prescribed by the
regulations to be a designated place for the
purposes of section 52;
directed transfer means--
5 (a) the transfer of a police officer under
section 35; or
(b) the transfer of a protective services
officer under section 44;
domestic partner of a person means--
10 (a) a person who is in a registered
relationship with the person; or
Note
A registered relationship is defined in
subsection (2).
15 (b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
domestic basis (irrespective of gender);
efficiency, in relation to the promotion or transfer
20 of police officers or protective services
officers, has the meaning given in section 4;
general duties, in relation to a police officer,
means primary response and general patrol
duties;
25 IBAC means the Independent Broad-based Anti-
corruption Commission established under
section 12 of the Independent Broad-based
Anti-corruption Commission Act 2011;
IBAC Commissioner means the Commissioner
30 appointed under section 20 of the
Independent Broad-based Anti-corruption
Commission Act 2011;
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Part 1--Preliminary
s. 3
IBAC Officer has the same meaning as in the
Independent Broad-based Anti-corruption
Commission Act 2011;
investigative agency means--
5 (a) Victoria Police, or an equivalent body
in another State or the Northern
Territory; or
(b) the IBAC; or
(c) the Australian Federal Police within the
10 meaning of the Australian Federal
Police Act 1979 of the Commonwealth;
or
(d) the Australian Crime Commission
within the meaning of the Australian
15 Crime Commission Act 2002 of the
Commonwealth; or
(e) the Chief Examiner and Examiners
appointed under Part 3 of the Major
Crime (Investigative Powers) Act
20 2004; or
(f) the Victorian Inspectorate; or
(g) the Police Integrity Commission
constituted by the Police Integrity
Commission Act 1996 of New South
25 Wales; or
(h) the Independent Commission Against
Corruption constituted by the
Independent Commission Against
Corruption Act 1988 of New South
30 Wales; or
(i) the New South Wales Crime
Commission constituted by the Crime
Commission Act 2012 of New South
Wales; or
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(j) the Crime and Misconduct Commission
established under the Crime and
Misconduct Act 2001 of Queensland;
or
5 (k) the Corruption and Crime Commission
established under the Corruption and
Crime Commission Act 2003 of
Western Australia; or
(l) the Australian Commission for Law
10 Enforcement Integrity established
under the Law Enforcement Integrity
Commissioner Act 2006 of the
Commonwealth;
legal practitioner means an Australian lawyer
15 within the meaning of the Legal Profession
Act 2004;
Melbourne metropolitan area means the area for
the time being determined under section 5;
member of Victoria Police personnel means--
20 (a) a person referred to in section 7; or
(b) a special constable, but only in respect
of the performance of duties and
functions and exercise of powers by the
special constable for Victoria Police;
25 Ombudsman means the Ombudsman appointed
under section 3 of the Ombudsman Act
1973;
personal leave, in relation to a police officer or
protective services officer, includes absence
30 from duty while receiving compensation
under the Accident Compensation Act
1985;
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s. 3
police force of another jurisdiction means--
(a) the Australian Federal Police; or
(b) the police force or police service of
another State or a Territory; or
5 (c) the police force or police service of
another country or part of a country;
police officer means--
(a) the Chief Commissioner; or
(b) a Deputy Commissioner; or
10 (c) an Assistant Commissioner; or
(d) a person appointed under Division 5 of
Part 3;
Note
Police reservists and special constables are taken to be
15 police officers for certain purposes--see sections 45
and 193.
Police Profession Register means the register
kept under section 121;
police recruit means a person employed under
20 Division 6 of Part 3;
police reservist means a person who, immediately
before the commencement of section 282,
held office as a police reservist under the
Police Regulation Act 1958 as in force
25 immediately before that commencement;
police tort has the meaning given in section 72;
police tort claim has the meaning given in
section 73;
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Professional Standards Division means the
Professional Standards Division of the
PRS Board;
Note
5 See section 203(b).
professional standards function means a function
specified in section 202(1)(b);
protected disclosure complaint means a
disclosure that is determined to be a
10 protected disclosure complaint by the IBAC
under section 26 of the Protected
Disclosure Act 2012;
protective services officer means a person
appointed under Division 7 of Part 3;
15 PRS Board means the Police Registration and
Services Board continued under section 201;
PRS Board officer means--
(a) a member of the PRS Board; or
(b) an employee referred to in
20 section 217(1); or
(c) a member of staff referred to in
section 217(2);
rank means--
(a) in relation to a police officer, a rank
25 specified in section 13;
(b) in relation to a protective services
officer, a rank (if any) prescribed in the
regulations;
Note
30 See item 2.10 of Schedule 5.
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s. 3
Registration Division means the Registration
Division of the PRS Board;
Note
See section 203(a).
5 registration function means a function specified
in section 202(1)(a);
Review Division means the Review Division of
the PRS Board;
Note
10 See section 203(c).
review function means a function specified in
section 202(1)(c);
special constable means a person appointed under
Part 11;
15 spouse of a person means a person to whom the
person is married;
testing direction has the meaning given in
section 82;
Victoria Police means the body established by
20 section 6;
Victoria Police employee means a person
employed in Victoria Police under Part 3 of
the Public Administration Act 2004;
Victoria Police equipment means a thing
25 determined under section 60(2)(a) to be
Victoria Police equipment;
Victoria Police identification means a thing
determined under section 60(2)(b) to be
Victoria Police identification;
30 Victorian Inspectorate has the same meaning as
in the Victorian Inspectorate Act 2011.
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(2) For the purposes of the definition of domestic
partner in subsection (1)--
(a) registered relationship has the same
meaning as in the Relationships Act 2008;
5 and
(b) in determining whether persons who are not
in a registered relationship are domestic
partners of each other, all of the
circumstances of their relationship are to be
10 taken into account, including any one or
more of the matters referred to in
section 35(2) of the Relationships Act 2008
as may be relevant in a particular case.
4 Meaning of efficiency
15 (1) For the purposes of the promotion or transfer of
police officers to a position or rank referred to in
column 2 of an item in the following table,
efficiency has the meaning given in column 3 of
that item.
20 TABLE
Column 1 Column 2 Column 3
Item Position or rank Meaning of efficiency
1 All positions The aptitude and special
qualifications necessary
for the discharge of the
duties of the position in
question, together with
merit, diligence, good
conduct, quality of
service, mental capacity
and physical fitness
2 Rank of In addition to item 1, the
inspector potential to develop the
executive ability and
leadership and
management skills
essential in senior
executive positions
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Column 1 Column 2 Column 3
Item Position or rank Meaning of efficiency
3 Rank of In addition to item 1, the
commander, executive ability and
chief leadership and
superintendent, management skills
superintendent essential in senior
or chief executive positions
inspector
(2) For the purposes of the promotion or transfer of
protective services officers, efficiency means the
aptitude and special qualifications necessary for
the discharge of the duties of the position in
5 question, together with merit, diligence, good
conduct, quality of service, mental capacity and
physical fitness.
5 Melbourne metropolitan area
For the purposes of this Act, the Chief
10 Commissioner, by notice published in the
Government Gazette, may from time to time
determine an area to be the Melbourne
metropolitan area.
__________________
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Part 2--Victoria Police
s. 6
PART 2--VICTORIA POLICE
Division 1--Constitution, role and functions
6 Victoria Police
The police force of Victoria is constituted by a
5 body established by this section known as
Victoria Police.
Note
Victoria Police is a special body under section 6(1) of the
Public Administration Act 2004.
10 7 Who constitutes Victoria Police?
Victoria Police consists of the following
persons--
(a) the Chief Commissioner;
(b) Deputy Commissioners;
15 (c) Assistant Commissioners;
(d) other police officers;
(e) protective services officers;
(f) police recruits;
(g) police reservists;
20 (h) Victoria Police employees.
8 Role of Victoria Police
The role of Victoria Police is to serve the
Victorian community and uphold the law so as to
promote a safe, secure and orderly society.
25 9 General functions of Victoria Police
(1) The functions of Victoria Police include the
following--
(a) preserving the peace;
(b) protecting life and property;
30 (c) preventing the commission of offences;
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(d) detecting and apprehending offenders;
(e) helping those in need of assistance.
(2) Nothing in subsection (1)--
(a) confers on any person any civil right of
5 action; or
(b) provides any person with a defence to any
civil action; or
(c) otherwise affects any civil right of action.
Division 2--Relationship with government
10 10 Ministerial directions
(1) The Minister may from time to time, after
consulting the Chief Commissioner, give written
directions to the Chief Commissioner in relation
to the policy and priorities to be pursued in the
15 performance of the functions of Victoria Police.
(2) Subject to subsection (3), a direction under
subsection (1) cannot be given in relation to any
of the following matters--
(a) preservation of the peace and the protection
20 of life and property in relation to any person
or group of persons;
(b) enforcement of the law in relation to any
person or group of persons;
(c) the investigation or prosecution of offences
25 in relation to any person or group of persons;
(d) decisions about individual members of
Victoria Police personnel, including
decisions in relation to discipline;
(e) the organisational structure of Victoria
30 Police;
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(f) the allocation or deployment of police
officers or protective services officers to or
at particular locations;
(g) training, education and professional
5 development programs within Victoria
Police;
(h) the content of any internal grievance-
resolution procedures.
(3) The Minister may give a direction under
10 subsection (1) in relation to a matter specified in
subsection (2)(e), (f), (g) or (h) if--
(a) an entity specified in subsection (4) has
made a report or recommendation in relation
to the matter; and
15 (b) in the Minister's opinion, the Chief
Commissioner has not responded adequately
to that report or recommendation.
(4) The following entities are specified for the
purposes of subsection (3)(a)--
20 (a) the IBAC;
(b) the Auditor-General;
(c) the State Services Authority;
(d) the Public Sector Standards Commissioner;
(e) a coroner;
25 (f) the Commissioner for Law Enforcement
Data Security;
(g) a Parliamentary Committee;
(h) a Commission of Inquiry established under
section 88B of the Constitution Act 1975;
30 (i) a Board of Inquiry established under
section 88C of the Constitution Act 1975;
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(j) a Royal Commission;
(k) a prescribed entity.
(5) The Minister may from time to time, after
consulting the Chief Commissioner, in writing
5 vary or revoke a direction given under
subsection (1).
(6) The Minister must cause a copy of a direction, and
of any variation or revocation of a direction, to be
published in the Government Gazette.
10 (7) The Chief Commissioner must ensure that a copy
of any directions currently in force is available on
an Internet site maintained by Victoria Police.
11 Minister's power to obtain information and reports
(1) The Minister may from time to time request the
15 Chief Commissioner to give the Minister
information or reports of a kind specified by the
Minister in relation to the performance of the
functions of Victoria Police.
(2) Subject to this section, the Chief Commissioner
20 must comply with a request under subsection (1).
(3) The Chief Commissioner may withhold
information from the Minister if the Chief
Commissioner considers that giving it to the
Minister would be reasonably likely to--
25 (a) prejudice any investigation of a
contravention or possible contravention of
the law; or
(b) prejudice the prosecution of any person for
an offence; or
30 (c) endanger the life or physical safety of any
person.
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12 Annual report of Chief Commissioner
(1) Without limiting section 11, the Chief
Commissioner must prepare a report in respect of
each financial year on--
5 (a) any action taken by the Chief Commissioner
under Division 6 of Part 4 during that year
and the outcome of that action (including the
result of any review of that action by the
PRS Board); and
10 (b) any action taken by the Chief Commissioner
or an authorised officer under Part 7 during
that year and the outcome of that action
(including the result of any review of that
action by the PRS Board); and
15 (c) any action taken by the Chief Commissioner
under section 195 during that year; and
(d) the prescribed information in relation to
Part 5.
Note
20 See section 69 of the Protected Disclosure Act 2012 for
other matters that must be included in the Chief
Commissioner's report.
(2) The Chief Commissioner must give the report to
the Minister within 3 months after the end of the
25 financial year.
(3) Within 3 months after giving the report to the
Minister, the Chief Commissioner must publish a
copy of it on an Internet site maintained by
Victoria Police, unless the information in the
30 report is laid before one or both Houses of
Parliament (whether in a report of operations
under Part 7 of the Financial Management Act
1994 or otherwise) within that period.
__________________
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Part 3--Victoria Police Personnel
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PART 3--VICTORIA POLICE PERSONNEL
Division 1--Ranks, commissions and numbers
13 Rank structure
The following are the ranks of police officers, in
5 descending order of seniority--
(a) Chief Commissioner;
(b) Deputy Commissioner;
(c) Assistant Commissioner;
(d) commander;
10 (e) chief superintendent;
(f) superintendent;
(g) chief inspector;
(h) inspector;
(i) senior sergeant;
15 (j) sergeant;
(k) senior constable;
(l) constable.
Note
The regulations may prescribe a rank structure for protective
20 services officers--see item 2.10 of Schedule 5.
14 Commissioned officers
(1) The Governor in Council may certify that a police
officer of any of the following ranks is a
commissioned officer of Victoria Police--
25 (a) Assistant Commissioner;
(b) commander;
(c) chief superintendent;
(d) superintendent;
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(e) chief inspector;
(f) inspector.
(2) Subject to the direction and control of the Chief
Commissioner, a commissioned officer is
5 responsible for the management and control of the
portion of Victoria Police that is placed under the
officer's charge.
15 Number of police officers and protective services
officers
10 (1) The Governor in Council may from time to time,
by Order, determine--
(a) the total number of police officers that may
be appointed under Division 5; and
(b) the total number of police officers that may
15 hold each rank below the rank of Assistant
Commissioner; and
(c) the total number of protective services
officers that may be appointed.
(2) The Chief Commissioner must comply with an
20 Order made under subsection (1).
Division 2--Chief Commissioner
16 Role of Chief Commissioner
(1) The Chief Commissioner--
(a) is the chief constable and the chief executive
25 officer of Victoria Police; and
(b) subject to the direction of the Minister under
section 10, is responsible for the
management and control of Victoria Police.
(2) In particular, and without limiting subsection (1),
30 the Chief Commissioner--
(a) is responsible for implementing the policing
policy and priorities of the Government; and
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(b) is responsible for providing advice and
information to the Minister on the operations
of Victoria Police and policing matters
generally; and
5 (c) is responsible to the Minister for the general
conduct, performance and operations of
Victoria Police.
Note
The Chief Commissioner is also the public service body
10 Head in relation to Victoria Police employees under
section 16 of the Public Administration Act 2004.
17 Appointment of Chief Commissioner
(1) The Governor in Council may appoint a Chief
Commissioner of Police.
15 (2) The Chief Commissioner holds office in
accordance with Part 1 of Schedule 1.
18 Appointment of Acting Chief Commissioner
(1) A police officer may be appointed under this
section to act as Chief Commissioner--
20 (a) during a vacancy in the office of Chief
Commissioner; or
(b) during a period, or all periods, when the
Chief Commissioner is absent from duty or,
for any other reason, is unable to perform the
25 duties of office.
(2) The appointment of an Acting Chief
Commissioner may be made by--
(a) the Minister for a period not exceeding
4 weeks; or
30 (b) the Governor in Council for any period.
(3) The Acting Chief Commissioner has all the
powers and must perform all the duties of the
Chief Commissioner.
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(4) A person appointed to act as Chief Commissioner
is eligible to be reappointed.
(5) The Governor in Council may revoke the
appointment of an Acting Chief Commissioner at
5 any time (including an appointment made by the
Minister).
19 Delegation by Chief Commissioner
(1) The Chief Commissioner, by instrument, may
delegate to a member or class of members of
10 Victoria Police personnel (other than police
recruits) any duty, function or power of the Chief
Commissioner under this Act or any other Act,
other than--
(a) the power under section 83 to determine that
15 a work unit within Victoria Police is a
designated work unit or that a work function
performed by members of Victoria Police
personnel in the course of duty is a
designated work function; or
20 (b) the power under section 196 to declare an
incident to be an incident requiring urgent
cross-border assistance; or
(c) the power under section 197 to extend a
declaration made under section 196; or
25 (d) the power under section 236 to authorise a
media organisation; or
(e) the power under section 238 to authorise the
giving of a photograph to an authorised
media organisation; or
30 (f) this power of delegation.
(2) The Chief Commissioner, by instrument, may
delegate to a police officer of or above the rank of
inspector or to a Victoria Police employee at a
level of Grade 6 or higher--
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(a) the power under section 236 to authorise a
media organisation; or
(b) the power under section 238 to authorise the
giving of a photograph to an authorised
5 media organisation.
(3) A delegation under subsection (1) or (2) may be
made to a person or class of persons by name or
by reference to the office, offices or employment
held.
10 Division 3--Deputy Commissioners
20 Role of Deputy Commissioners
Subject to the direction and control of the Chief
Commissioner, a Deputy Commissioner is
responsible for the management and control of the
15 portion of Victoria Police that is placed under the
Deputy Commissioner's charge.
21 Appointment of Deputy Commissioners
(1) The Governor in Council, on the recommendation
of the Minister, may appoint as many Deputy
20 Commissioners as the Governor in Council
considers necessary.
(2) The Minister must consult the Chief
Commissioner before making a recommendation
to the Governor in Council for the appointment of
25 a Deputy Commissioner.
(3) A Deputy Commissioner holds office in
accordance with Part 2 of Schedule 1.
22 Appointment of Acting Deputy Commissioner
(1) A police officer may be appointed under this
30 section to act as a Deputy Commissioner--
(a) during a vacancy in the office of a Deputy
Commissioner; or
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(b) during a period, or all periods, when a
Deputy Commissioner is absent from duty
or, for any other reason, is unable to perform
the duties of office; or
5 (c) during a period when a Deputy
Commissioner has been appointed as Acting
Chief Commissioner.
(2) The appointment of an Acting Deputy
Commissioner may be made by--
10 (a) the Chief Commissioner for a period not
exceeding 4 weeks; or
(b) the Governor in Council for any period.
(3) An Acting Deputy Commissioner has all the
powers and must perform all the duties of the
15 Deputy Commissioner in whose place he or she is
acting.
(4) A person appointed to act as a Deputy
Commissioner is eligible to be reappointed.
(5) The Governor in Council may revoke an
20 appointment of an Acting Deputy Commissioner
at any time (including an appointment made by
the Chief Commissioner).
23 Deputy Commissioner may act temporarily as Chief
Commissioner in certain circumstances
25 (1) This section applies at any time--
(a) during a vacancy in the office of Chief
Commissioner; or
(b) during a period when the Chief
Commissioner is absent from duty or, for
30 any other reason, is unable to perform the
duties of office--
other than a time during which the appointment of
an Acting Chief Commissioner under section 18 is
in effect.
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(2) If this section applies, a Deputy Commissioner
may make a written declaration to the Minister.
(3) After making a declaration under subsection (2),
the Deputy Commissioner may act as the Chief
5 Commissioner and, for that purpose, has all the
powers and must perform all the duties of the
Chief Commissioner, until the first of the
following occurs--
(a) an Acting Chief Commissioner is appointed
10 under section 18; or
(b) the Chief Commissioner resumes duty; or
(c) the period of 72 hours after the making of the
declaration expires.
Division 4--Assistant Commissioners
15 24 Employment of Assistant Commissioners
(1) The Chief Commissioner, on behalf of the Crown,
may employ as many Assistant Commissioners as
he or she thinks necessary.
(2) Subject to subsection (3), the Chief Commissioner
20 may employ a person as an Assistant
Commissioner only if the person--
(a) is a police officer; or
(b) satisfies the prescribed criteria for
appointment as a police officer under
25 section 27.
(3) The Chief Commissioner may waive any of the
prescribed criteria in any particular case.
(4) Part 3 of Schedule 1 applies to the employment of
an Assistant Commissioner.
30 (5) Nothing in this Division or Part 3 of Schedule 1
affects or takes away from the application of
section 51(a) to an Assistant Commissioner.
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25 Status of Assistant Commissioner as a police officer
(1) A person who was a police officer immediately
before the time his or her contract of employment
as an Assistant Commissioner comes into force
5 continues to be a police officer on and after the
time the contract comes into force.
(2) A person who was not a police officer
immediately before the time his or her contract of
employment as an Assistant Commissioner comes
10 into force is taken to have been appointed as a
police officer at the time the contract comes into
force.
26 Appointment of Acting Assistant Commissioner
(1) The Chief Commissioner may appoint a police
15 officer to act as an Assistant Commissioner--
(a) during a vacancy in the office of an Assistant
Commissioner; or
(b) during a period, or all periods, when an
Assistant Commissioner is absent from duty
20 or, for any other reason, is unable to perform
the duties of office.
(2) An Acting Assistant Commissioner has all the
powers and must perform all the duties of the
Assistant Commissioner in whose place he or she
25 is acting.
(3) An appointment under this section may be made
for a period not exceeding 6 months.
(4) The Chief Commissioner may revoke the
appointment of an Acting Assistant Commissioner
30 at any time.
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Division 5--Other police officers
27 Appointment of police officers
(1) Subject to section 15, the Chief Commissioner
may appoint a person as a police officer below the
5 rank of Assistant Commissioner.
Note
Section 15 enables the Governor in Council to determine the
total number of police officers and the total number of
police officers of each rank.
10 (2) Subject to subsection (3), the Chief Commissioner
may appoint a person under this section only if the
person satisfies the prescribed criteria for
appointment.
(3) The Chief Commissioner, in exceptional
15 circumstances, may waive any of the prescribed
criteria for appointment in any particular case.
(4) Subject to subsection (5), an appointment under
this section--
(a) may be on a full-time or part-time basis; and
20 (b) may be for a fixed term or on an ongoing
basis.
(5) An appointment under this section may be made
on a part-time basis or for a fixed term (or both)
only if the Chief Commissioner is satisfied that it
25 is necessary 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 Management
30 Act 1986.
(6) The instrument of appointment must specify the
rank at which the person is appointed.
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28 Probation for appointment
(1) The appointment of a person under section 27 is
subject to the following initial period of
probation--
5 (a) 2 years in the case of an appointment at the
rank of constable; or
(b) one year in any other case.
(2) At the end of the initial period of probation, the
appointment is confirmed unless, before that time,
10 the Chief Commissioner--
(a) terminates the appointment under
subsection (4); or
(b) extends the probation for a period not
exceeding one year.
15 (3) At the end of a further period of probation under
subsection (2)(b), the appointment is confirmed
unless, before that time the Chief Commissioner
terminates the appointment under subsection (4).
(4) The Chief Commissioner may terminate an
20 appointment under section 27 at any time during
an initial or further period of probation.
(5) In determining whether or not a period of
probation has ended, any of the following periods
of absence from duty must be disregarded--
25 (a) suspension;
(b) leave without pay;
(c) personal leave of one month or more
continuously;
(d) maternity leave;
30 (e) long service leave.
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29 Appointment of officers from other jurisdictions
(1) This section applies to the appointment under
section 27 of a person who--
(a) has never been a police officer; and
5 (b) is or has been an officer or member of a
police force of another jurisdiction.
(2) The Chief Commissioner may request the
PRS Board to advise the Chief Commissioner in
writing whether the person--
10 (a) either--
(i) meets the prescribed criteria for
appointment at the proposed rank; or
(ii) subject to the satisfactory completion of
training specified by the PRS Board,
15 will meet the prescribed criteria for
appointment at the proposed rank; and
(b) has the aptitude and efficiency to perform the
duties of a police officer at the proposed
rank.
20 (3) Subject to section 222(3), the PRS Board 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 12 gives certain investigatory powers to the PRS Board
for the purposes of providing advice under this section.
Under section 222(3) the PRS Board may decline to provide
advice in certain circumstances.
(4) The Chief Commissioner must consider the advice
30 of the PRS Board in determining whether to
appoint the person under section 27 and in
determining the rank at which and position to
which he or she is appointed.
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30 Appointment of former police officers
(1) This section applies to the appointment to Victoria
Police of a person who has previously been a
police officer.
5 (2) The Chief Commissioner may appoint the person
under section 27 if the person is registered on the
Police Profession Register.
(3) If the person is not registered on the Police
Profession Register, the Chief Commissioner may
10 request the PRS Board to advise the Chief
Commissioner in writing whether the person--
(a) either--
(i) meets the prescribed criteria for
appointment at the proposed rank; or
15 (ii) subject to the satisfactory completion of
training specified by the PRS Board,
will meet the prescribed criteria for
appointment at the proposed rank; and
(b) has the aptitude and efficiency to perform the
20 duties of a police officer at the proposed
rank; and
(c) is registered under Part 6.
(4) Subject to section 222(3), the PRS Board must
comply with a request under subsection (3).
25 Note
The functions of the PRS Board under this section are
performed by the Registration Division. Division 4 of
Part 12 gives certain investigatory powers to the PRS Board
for the purposes of providing advice under this section.
30 Under section 222(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 must
consider the advice in determining whether to
35 appoint the person under section 27 and in
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determining the rank at which and position to
which he or she is appointed.
31 Promotion of police officers
(1) Subject to section 15, the Chief Commissioner
5 may promote a police officer appointed under
section 27 to a higher rank.
Note
Section 15 enables the Governor in Council to determine the
total number of police officers of each rank.
10 (2) In determining a promotion, the Chief
Commissioner--
(a) must have regard to the efficiency of the
candidate for promotion; and
(b) if there is more than one candidate for
15 promotion--
(i) must have regard to their relative
efficiencies; and
(ii) subject to subsection (3), must not have
regard to their relative seniority.
20 (3) The Chief Commissioner must have regard to the
relative seniority of candidates for promotion to
the rank of senior sergeant, sergeant or senior
constable if the Chief Commissioner considers
that the candidates are equally efficient.
25 (4) Subsection (2) does not apply to--
(a) a promotion to a position of senior constable
(general duties); or
(b) a promotion of a constable who holds a
position to the rank of senior constable in the
30 same position.
(5) The Chief Commissioner must cause notice of the
selection of a police officer for promotion to be
published in the Police Gazette.
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32 Probation for promotion
(1) A promotion is subject to an initial period of
probation of one year.
(2) At the end of the initial period of probation, the
5 promotion is confirmed unless, before that time,
the Chief Commissioner--
(a) disallows the probation under subsection (4);
or
(b) extends the probation for a period not
10 exceeding one year.
(3) At the end of a further period of probation under
subsection (2)(b), the promotion is confirmed
unless, before that time, the Chief Commissioner
disallows the promotion under subsection (4).
15 (4) The Chief Commissioner may disallow a
promotion at any time during an initial or further
period of probation.
(5) If a promotion is disallowed, from the time of the
disallowance the police officer's rank is the rank
20 he or she held immediately before the promotion.
(6) In determining whether or not a period of
probation has ended, any of the following periods
of absence from duty must be disregarded--
(a) suspension;
25 (b) leave without pay;
(c) personal leave of one month or more
continuously;
(d) maternity leave;
(e) long service leave.
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33 Transfer of police officers
(1) The Chief Commissioner may transfer a police
officer in accordance with this Act and the
regulations.
5 (2) Without limiting the Chief Commissioner's
powers to transfer a police officer, the Chief
Commissioner may do any of the following--
(a) transfer a police officer on application or
request under section 34;
10 (b) make a directed transfer under section 35;
(c) transfer a police officer under Division 6 of
Part 4;
(d) transfer a police officer under Division 1 or 2
of Part 7.
15 34 Transfer on application or request
(1) The Chief Commissioner may transfer a police
officer to another position at the same rank on
application or request by the officer.
(2) In determining a transfer under this section, the
20 Chief Commissioner--
(a) must have regard to the efficiency of the
candidate for transfer; and
(b) if there is more than one candidate for
transfer--
25 (i) must have regard to their relative
efficiencies; and
(ii) subject to subsection (3), must not have
regard to their relative seniority.
(3) The Chief Commissioner must have regard to the
30 relative seniority of candidates for transfer to a
position in the rank of senior sergeant, sergeant or
senior constable if the Chief Commissioner
considers that the candidates are equally efficient.
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(4) Subsection (2) does not apply to--
(a) a transfer to a position of constable (general
duties) or senior constable (general duties);
or
5 (b) a transfer made under an expression of
interest process agreed under an industrial
instrument applying to police officers.
(5) The Chief Commissioner must cause notice of the
selection of a police officer for transfer under this
10 section to be published in the Police Gazette.
(6) This section does not apply to a Deputy
Commissioner or an Assistant Commissioner.
35 Directed transfer of police officers
(1) The Chief Commissioner may immediately
15 transfer a police officer to any part of the State if
the Chief Commissioner considers it is reasonably
necessary to do so for the provision of policing
services.
(2) This section does not apply to a Deputy
20 Commissioner or an Assistant Commissioner.
Division 6--Police recruits
36 Employment of police recruits
(1) The Chief Commissioner may employ as many
police recruits as the Chief Commissioner
25 considers necessary to meet the needs of Victoria
Police.
(2) Subject to subsection (3), the Chief Commissioner
may employ a person as a police recruit only if the
person satisfies the prescribed criteria for
30 employment as a police recruit.
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(3) The Chief Commissioner, in exceptional
circumstances, may waive any of the prescribed
criteria for employment as a police recruit in any
particular case.
5 (4) A police recruit is to be employed on the terms
and conditions, and for the period, determined by
the Chief Commissioner.
(5) The Chief Commissioner may terminate or extend
the employment of a police recruit at any time.
10 Division 7--Protective services officers
37 Functions of protective services officers
The functions of a protective services officer are
to provide services for the protection of--
(a) persons holding certain official or public
15 offices; and
(b) the general public in certain places; and
(c) certain places of public importance.
38 Appointment of protective services officers
(1) Subject to section 15, the Chief Commissioner
20 may appoint a person as a protective services
officer.
Note
Section 15 enables the Governor in Council to determine the
total number of protective services officers.
25 (2) Subject to subsection (3), the Chief Commissioner
may appoint a person under this section only if the
person satisfies the prescribed criteria for
appointment.
(3) The Chief Commissioner, in exceptional
30 circumstances, may waive any of the prescribed
criteria for appointment in any particular case.
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(4) An appointment under this section--
(a) may be on a full-time or part-time basis; and
(b) may be for a fixed term or on an ongoing
basis.
5 (5) If there is a rank structure for protective services
officers, the instrument of appointment must
specify the rank at which the person is appointed.
Note
The regulations may prescribe a rank structure for protective
10 services officers--see item 2.10 of Schedule 5.
(6) The Chief Commissioner may terminate the
appointment of a protective services officer at any
time before the protective services officer takes an
oath or makes an affirmation under section 50.
15 (7) Subsection (6) does not limit any other power of
the Chief Commissioner under this Act to dismiss
or terminate the appointment of a protective
services officer.
39 Probation for appointment
20 (1) The appointment of a person under section 38 is
subject to an initial period of probation of 2 years.
(2) At the end of the initial period of probation, the
appointment is confirmed unless, before that time,
the Chief Commissioner--
25 (a) terminates the appointment under
subsection (4); or
(b) extends the probation for a period not
exceeding one year.
(3) At the end of a further period of probation under
30 subsection (2)(b), the appointment is confirmed
unless, before that time, the Chief Commissioner
terminates the appointment under subsection (4).
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(4) The Chief Commissioner may terminate an
appointment under section 38 at any time during
an initial or further period of probation.
(5) In determining whether or not a period of
5 probation has ended, any of the following periods
of absence from duty must be disregarded--
(a) suspension;
(b) leave without pay;
(c) personal leave of one month or more
10 continuously;
(d) maternity leave;
(e) long service leave.
40 Promotion of protective services officers
(1) If there is a rank structure for protective services
15 officers, the Chief Commissioner may promote a
protective services officer to a position at a higher
rank.
Note
The regulations may prescribe a rank structure for protective
20 services officers--see item 2.10 of Schedule 5.
(2) In determining a promotion, the Chief
Commissioner--
(a) must have regard to the efficiency of the
candidate for promotion; and
25 (b) if there is more than one candidate for
promotion--
(i) must have regard to their relative
efficiencies; and
(ii) must have regard to their relative
30 seniority if the Chief Commissioner
considers that they are equally efficient.
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(3) The regulations may provide that subsection (2)
does not apply to promotion to positions at a rank
specified in the regulations.
(4) The Chief Commissioner must cause notice of the
5 selection of a protective services officer for
promotion to be published in the Police Gazette.
41 Probation for promotion
(1) A promotion is subject to an initial period of
probation of one year.
10 (2) At the end of the initial period of probation, the
promotion is confirmed unless, before that time,
the Chief Commissioner--
(a) disallows the probation under subsection (4);
or
15 (b) extends the probation for a period not
exceeding one year.
(3) At the end of a further period of probation under
subsection (2)(b), the promotion is confirmed
unless, before that time, the Chief Commissioner
20 disallows the promotion under subsection (4).
(4) The Chief Commissioner may disallow a
promotion at any time during an initial or further
period of probation.
(5) If a promotion is disallowed, from the time of the
25 disallowance, the protective services officer's rank
is the rank he or she held immediately before the
promotion.
(6) In determining whether or not a period of
probation has ended, any of the following periods
30 of absence from duty must be disregarded--
(a) suspension;
(b) leave without pay;
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(c) personal leave of one month or more
continuously;
(d) maternity leave;
(e) long service leave.
5 42 Transfer of protective services officers
(1) The Chief Commissioner may transfer a
protective services officer in accordance with this
Act and the regulations.
(2) Without limiting the Chief Commissioner's
10 powers to transfer a protective services officer, the
Chief Commissioner may do any of the
following--
(a) transfer a protective services officer on
application or request under section 43;
15 (b) make a directed transfer under section 44;
(c) transfer a protective services officer under
Division 6 of Part 4;
(d) transfer a protective services officer under
Division 1 or 2 of Part 7.
20 43 Transfer on application or request
(1) The Chief Commissioner may transfer a
protective services officer to another position at
the same rank on application or request by the
officer.
25 (2) In determining a transfer under this section, the
Chief Commissioner--
(a) must have regard to the efficiency of the
candidate for transfer; and
(b) if there is more than one candidate for
30 transfer--
(i) must have regard to their relative
efficiencies; and
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(ii) must have regard to their relative
seniority if the Chief Commissioner
considers that they are equally efficient.
(3) Subsection (2) does not apply to--
5 (a) a transfer made under an expression of
interest process agreed under an industrial
instrument applying to protective services
officers; or
(b) a transfer to a position at a rank specified in
10 the regulations.
(4) The Chief Commissioner must cause notice of the
selection of a protective services officer for
transfer under this section to be published in the
Police Gazette.
15 44 Directed transfer of protective services officers
The Chief Commissioner may immediately
transfer a protective services officer to any part of
the State if the Chief Commissioner considers it is
reasonably necessary to do so for the provision of
20 protective services.
Division 8--Police reservists
45 Status of police reservists
A police reservist is taken to be a police officer
for the purposes of the following provisions and
25 Acts--
(a) Division 1 of this Part (Ranks, commissions
and numbers);
(b) section 19 (Delegation by Chief
Commissioner);
30 (c) section 50 (Oath of office);
(d) section 51(a) (Duties and powers of police
officers at common law);
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(e) section 53 (Proof of office);
(f) section 55 (Permanent cessation of powers);
(g) section 56 (Execution of process and
warrants);
5 (h) section 62 (Determination of uniforms and
other equipment and other standards);
(i) section 64 and Schedule 3 (Long service
leave);
(j) Division 6 of Part 4 (Incapacity for duty);
10 (k) Division 7 of Part 4 (Protections);
(l) Division 8 of Part 4 (Liability for tortious
conduct by police and protective services
officers);
(m) Part 5 (Drug and alcohol testing);
15 (n) Part 7 (Discipline);
(o) Divisions 2 and 3 of Part 8 (Reviews);
(p) Part 9 (Complaints and investigations);
(q) Part 10 (Investigation of protected disclosure
complaints);
20 (r) section 252 (Bribery and corruption by
police or protective services officers);
(s) section 254 (Failure to return Victoria Police
identification or Victoria Police equipment);
(t) section 256 (Impersonating police or
25 protective services officers);
(u) items 2.2, 2.11 and 2.13 of Schedule 5
(Subject matter for regulations);
(v) the Independent Broad-based Anti-
corruption Commission Act 2011;
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(w) the Protected Disclosure Act 2012;
(x) the Victorian Inspectorate Act 2011.
Note
Section 104 of the Police Regulation (Pensions) Act 1958
5 contains certain qualifications for a person to continue as a
police reservist.
46 Duty to act under direction and control
(1) A police reservist must perform his or her
functions under the direction and control of the
10 Chief Commissioner or of any other police officer
or police reservist under whom he or she is placed
by the Chief Commissioner.
(2) Nothing in this section affects or takes away from
the application of section 51(a) to a police
15 reservist.
47 Training
The Chief Commissioner may require a police
reservist to attend a course of instruction and
training specified by the Chief Commissioner.
20 48 Resignation
A police reservist may resign from office by
giving written notice of not less than 7 days (or a
shorter period agreed by the Chief Commissioner)
to the Chief Commissioner.
25 49 Suspension and termination of appointment
The Chief Commissioner may suspend or
terminate the appointment of a police reservist at
any time.
__________________
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PART 4--POLICE DUTIES, POWERS, ENTITLEMENTS,
PROTECTION AND LIABILITY
Division 1--Oath of office
50 Oath of office
5 (1) Before a police officer or protective services
officer performs any duty or exercises any power
as a police officer or protective services officer, he
or she must take an oath of office or make an
affirmation of office and subscribe that oath or
10 affirmation.
(2) The oath or affirmation must be--
(a) in Form 1 in Schedule 2 for a police officer;
or
(b) in Form 2 in Schedule 2 for a protective
15 services officer.
(3) The oath or affirmation is to be administered by--
(a) a magistrate, in the case of the Chief
Commissioner or a Deputy Commissioner;
or
20 (b) a magistrate, the Chief Commissioner or a
Deputy Commissioner, in the case of an
Assistant Commissioner; or
(c) a magistrate, the Chief Commissioner, a
Deputy Commissioner or an Assistant
25 Commissioner in any other case.
(4) If a person other than the Chief Commissioner
administers the oath or affirmation, the person
must forward the subscribed oath or affirmation
to--
30 (a) the Minister, in the case of the oath or
affirmation of the Chief Commissioner; or
(b) the Chief Commissioner, in any other case.
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Division 2--General duties and powers
51 Duties and powers of police officers
A police officer who has taken and subscribed the
oath or made and subscribed the affirmation under
5 section 50 has--
(a) the duties and powers of a constable at
common law; and
(b) any duties and powers imposed or conferred
on a police officer by or under this or any
10 other Act or by or under any subordinate
instrument.
52 Duties and powers of protective services officers
(1) A protective services officer who has taken and
subscribed the oath or made and subscribed the
15 affirmation under section 50 has, in the
performance of his or her functions, the duties and
powers of a constable at common law.
Note
The functions of a protective services officer are set out in
20 section 37.
(2) In addition, a protective services officer on duty at
a designated place has all the duties and powers
imposed or conferred on the protective services
officer under this or any other Act.
25 (3) The regulations may prescribe a place to be a
designated place for the purposes of this section.
53 Proof of office
If a question arises as to a person's identity as a
police officer or protective services officer, or to a
30 person's entitlement to perform the duties or
exercise the powers of a police officer or
protective services officer--
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(a) the common reputation of a person who is a
police officer or protective services officer as
being a police officer or protective services
officer is evidence of that identity and
5 entitlement; and
(b) the absence of, or failure to produce, any
written appointment or other documentary
proof to establish that identity or entitlement
does not prejudice or otherwise affect the
10 performance of the duties or exercise of the
powers by a person who is a police officer or
protective services officer.
54 Temporary cessation of powers during leave or
secondment
15 (1) The Chief Commissioner may give a written
notice under this subsection to a police officer--
(a) who is about to begin, or is on, a period of
leave without pay of 28 days or more, other
than excluded leave; or
20 (b) who is on secondment to any organisation or
body.
(2) If the Chief Commissioner gives a notice to a
police officer under subsection (1), section 51
does not apply to the officer while the notice has
25 effect.
(3) A notice given to a police officer under
subsection (1)--
(a) takes effect when the officer is given the
notice or at the later time determined by the
30 Chief Commissioner and specified in the
notice; and
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(b) unless cancelled earlier under subsection (5),
has effect until the later of--
(i) the expiry of the period determined by
the Chief Commissioner and specified
5 in the notice; or
(ii) the registration of the officer on the
Police Profession Register.
Note
See Part 6 for registration on the Police
10 Profession Register.
(4) While a notice given to a police officer under
subsection (1) has effect--
(a) neither the Chief Commissioner nor any
other police officer has authority to give the
15 officer an instruction in respect of the
officer's performance of his or her functions
or duties; and
(b) the officer does not commit a breach of
discipline by failing to comply with the
20 Chief Commissioner's instructions.
(5) The Chief Commissioner may cancel a notice
given to a police officer under subsection (1) at
any time by giving written notice of cancellation
to the officer.
25 (6) Nothing in this section affects the ability of the
Chief Commissioner to end a police officer's
secondment or leave without pay.
(7) A police officer who is given a notice under
subsection (1) must, as soon as practicable, return
30 any Victoria Police equipment and Victoria Police
identification that is required by the Chief
Commissioner to be returned under this
subsection.
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(8) In this section--
excluded leave means--
(a) maternity, paternity or parental leave;
or
5 (b) compassionate leave; or
(c) study leave; or
(d) leave granted for the purposes of
service with--
(i) an investigative agency other than
10 Victoria Police; or
(ii) a professional association that
represents police officers.
55 Permanent cessation of powers
(1) All powers of a person as a police officer
15 immediately cease when he or she ceases to be a
police officer.
Example
A person would cease to be a police officer if his or her
appointment is terminated during probation under
20 section 28, if he or she resigns or retires under section 65
or 67 or if he or she is dismissed under section 70, 132
or 136.
(2) All powers of a person as a protective services
officer immediately cease when he or she ceases
25 to be a protective services officer.
Example
A person would cease to be a protective services officer if
his or her appointment is terminated during probation under
section 39, if he or she resigns or retires under section 65
30 or 67 or if he or she is dismissed under section 70, 132
or 136.
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Division 3--Specific duties and powers
56 Execution of process and warrants
(1) A police officer has a duty to execute--
(a) all process directed to him or her for the
5 recovery of fines and other amounts; and
(b) all lawful summonses, warrants, orders and
directions directed to him or her by a court or
tribunal.
(2) Despite subsection (1), any process, summons,
10 warrant, order or direction of a court or tribunal
directed to a police officer may be executed by
any other police officer, who has the same
authority as if it had been directed to him or her.
(3) In this section--
15 court or tribunal includes--
(a) a board, commission or other body
established by or under an Act; and
(b) a coroner; and
(c) a member, officer or member of staff of
20 a court or tribunal (including of a
person or body referred to in
paragraph (a) or (b)).
57 Disposal of unclaimed property
(1) This section applies to any property that has come
25 into the possession of a member of Victoria Police
personnel in the performance of duties or exercise
of powers as such a member.
(2) The property may be disposed of as follows--
(a) if the property is of a perishable nature, it
30 may be disposed of if it is not claimed after
reasonable inquiries as to ownership have
been made; or
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(b) if the property was left by a person
imprisoned or detained in a police gaol under
Part 3 of the Corrections Act 1986, it may
be disposed of if it is not claimed within
5 12 months after being left; or
(c) in any other case, the property may be
disposed of if it is not claimed within
3 months after coming into the possession of
the member of Victoria Police personnel.
10 (3) Disposal of unclaimed property is, at the direction
of an authorised person, to be done by--
(a) sale by public auction; or
(b) destruction; or
(c) any other means (including sale not by
15 public auction) that are approved by the
Minister either in relation to particular
property or generally in relation to particular
kinds of property.
(4) If disposal is by sale by public auction, notice of
20 the auction must be published in the Government
Gazette before it takes place.
(5) The net proceeds of any sale under this section are
to be paid into the Consolidated Fund.
(6) A sale under this section is valid against all
25 persons.
(7) The Chief Commissioner may, in writing,
authorise a person to direct the disposal of
unclaimed property under this section.
(8) In this section--
30 authorised person means--
(a) a commissioned officer; or
(b) a person authorised under
subsection (7).
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58 Disputed property in possession of police
(1) This section applies to property (other than
property seized under a warrant to seize property
issued under section 73 of the Magistrates' Court
5 Act 1989) that has come into the possession of a
police officer--
(a) in the performance of his or her duties as a
police officer; or
(b) in the exercise of his or her powers as a
10 police officer.
(2) A police officer may apply to the Magistrates'
Court for an order under this section if one or
more persons claim an interest in the property that
would entitle them to possession of the property.
15 (3) The police officer must give written notice of the
application--
(a) to any person who claims an interest in the
property that would entitle the person to
possession of the property; and
20 (b) to any person to whom the Magistrates'
Court requires the officer to give notice; and
(c) to any other person the officer reasonably
believes has an interest in the property that
would entitle the person to possession of the
25 property.
(4) On application under this section, the Magistrates'
Court may--
(a) decide who is entitled to possession of the
property; and
30 (b) if the police officer is not entitled to
possession of the property, order the police
officer to deliver the property to the person
who is entitled to possession of it.
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(5) A person notified under subsection (3) and any
other person who claims an interest that would
entitle the person to possession of the property
may appear and be heard at the hearing of the
5 application.
(6) If a person who has been given notice under
subsection (3) fails to attend the hearing, the
hearing may be held in the person's absence.
(7) If a police officer complies with an order made
10 under this section to deliver property to a person,
proceedings cannot be brought against the officer
or the State for recovery of the property or
recovery of the value of the property.
(8) Subsection (7) does not affect any other rights or
15 liabilities of any person who has or claims to have
an interest in the property.
59 Assistance to coroners
A police officer may assist a coroner in the
investigation of a death or fire under Part 4 of the
20 Coroners Act 2008.
Note
See also section 36 of the Coroners Act 2008 which
requires a police officer to give relevant information to a
coroner in an investigation under Part 4 of that Act.
25 In addition, section 60 of that Act provides for assistance
by police officers in an inquest.
Division 4--Chief Commissioner's instructions and
determinations
60 Chief Commissioner's instructions
30 (1) The Chief Commissioner may from time to time
issue, amend and revoke instructions for the
general administration of Victoria Police and for
the effective and efficient conduct of the
operations of Victoria Police.
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(2) Without limiting the matters that may be
contained in the Chief Commissioner's
instructions, they may include--
(a) the specification of things (including
5 uniforms) to be Victoria Police equipment
for the purposes of this Act; and
(b) the specification of things to be Victoria
Police identification for the purposes of this
Act; and
10 (c) any other matters determined by the Chief
Commissioner under section 62.
(3) The Chief Commissioner's instructions may apply,
adopt or incorporate any matter contained in any
document, code, standard, rule, specification or
15 method formulated, issued, prescribed or
published by any person, authority or body
whether--
(a) wholly or partially, or as amended by the
instructions; or
20 (b) as formulated, issued, prescribed or
published at the time the instructions are
issued or at any time before the instructions
are issued; or
(c) as amended from time to time.
25 (4) Section 32 of the Interpretation of Legislation
Act 1984 does not apply to the Chief
Commissioner's instructions.
(5) Nothing in this section affects or takes away from
the application of section 51(a) or 52(1).
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61 Personnel to comply with the Chief Commissioner's
instructions
All members of Victoria Police personnel must
comply with the Chief Commissioner's
5 instructions.
Note
Non-compliance can constitute a breach of discipline--
see section 125(1)(c).
62 Determination of uniforms and other equipment
10 and other standards
(1) The Chief Commissioner may from time to time
determine--
(a) the type or design of uniforms or other
equipment to be worn or carried by police
15 officers, police recruits or protective services
officers; and
(b) the conditions under which uniforms are to
be worn or other equipment is to be carried;
and
20 (c) standards of grooming and acceptable
clothing accessories for police officers,
police recruits or protective services officers,
which may--
(i) differ based on sex, gender identity,
25 physical features or religious belief or
activity; and
(ii) provide for exceptions based on
genuine medical, cultural or religious
grounds.
30 (2) In this section--
acceptable clothing accessories includes but is
not limited to, jewellery, headgear,
sunglasses and makeup.
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Division 5--General employment matters
63 Training courses
(1) The Chief Commissioner may make an agreement
with a police officer or protective services officer
5 for the officer to undertake a training course and
may require him or her to give a surety for
compliance with the agreement.
(2) Any agreement made under subsection (1) by the
Chief Commissioner with a Deputy Commissioner
10 must be approved by the Governor in Council
before it can take effect.
64 Long service leave
A police officer or protective services officer is
entitled to long service leave in accordance with
15 Schedule 3.
65 Resignation and retirement
(1) A police officer or protective services officer may
resign or retire from Victoria Police by giving
written notice of not less than 4 weeks (or a
20 shorter period agreed by the Chief Commissioner)
to the Chief Commissioner.
(2) This section does not apply to the Chief
Commissioner, a Deputy Commissioner or an
Assistant Commissioner.
25 Note
Schedule 1 contains provisions for resignation and
retirement by the Chief Commissioner, Deputy
Commissioners and Assistant Commissioners.
66 Abandonment of appointment
30 A police officer or protective services officer who
is absent from duty without authorisation or
lawful reason for more than one calendar month is
taken to have abandoned his or her appointment as
a police officer or protective services officer.
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Note
The powers of a police officer or protective services officer
immediately cease on abandonment of appointment--
see section 55.
5 67 Ill-health retirement
(1) The Chief Commissioner may at any time on his
or her own motion, or at the request of a police
officer or protective services officer, inquire into
the physical or mental fitness and capacity of the
10 officer to perform his or her duties.
(2) For the purposes of an inquiry, the Chief
Commissioner may--
(a) require the police officer or protective
services officer to be examined by--
15 (i) the Police Medical Officer; or
(ii) a person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student) nominated by
20 the Chief Commissioner; and
(b) require the person conducting the
examination to give a medical report of the
examination to the police officer or
protective services officer and the Chief
25 Commissioner.
(3) If, after considering the medical report (if any)
under section (2)(b), the Chief Commissioner
considers that the police officer or protective
services officer is physically or mentally
30 incapable of performing his or her duties, the
Chief Commissioner may give a notice to the
officer stating--
(a) that the Chief Commissioner is considering
taking action to retire the officer; and
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(b) the grounds on which the Chief
Commissioner believes that the officer is
physically or mentally incapable of
performing his or her duties; and
5 (c) that the officer may make written
submissions to the Chief Commissioner on
the matter within 21 days after receiving the
notice.
(4) If the police officer or protective services officer
10 makes any written submissions within 21 days
after receiving the notice, or within a later period
allowed by the Chief Commissioner, the Chief
Commissioner must consider those submissions.
(5) After complying with subsections (3) and (4), if
15 the Chief Commissioner is satisfied that the police
officer or protective services officer is physically
or mentally incapable of performing his or her
duties, the Chief Commissioner, by written notice,
may cause the officer to be retired.
20 (6) A notice under subsection (5) must state the
grounds on which the Chief Commissioner is
satisfied that the police officer or protective
services officer is physically or mentally
incapable of performing his or her duties.
25 Division 6--Incapacity for duty
68 Definitions
(1) In this Division--
incapacity includes--
(a) lack of aptitude; and
30 (b) inefficiency; and
(c) lack of competence or ability;
notice of incapacity means a notice given under
section 69;
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remedial action means any action or process of a
remedial nature (other than dismissal) taken
or undertaken in relation to the performance
of a police officer or protective services
5 officer, including--
(a) the imposition of a remedial plan; and
(b) the amendment of an existing remedial
plan; and
(c) transfer of the officer to other duties.
10 (2) In this Division, a reference to a police officer or
protective services officer being incapable of
performing his or her duties as a police officer or
protective services officer includes--
(a) the officer displaying a lack of aptitude for
15 the performance of those duties; and
(b) the officer being inefficient in the
performance of those duties; and
(c) the officer displaying a lack of competence
or ability to meet the inherent requirements
20 of those duties.
69 Notice of incapacity
(1) The Chief Commissioner may give a written
notice under this section to a police officer or
protective services officer if the Chief
25 Commissioner reasonably believes that--
(a) the officer is incapable of performing his or
her duties as a police officer or protective
services officer; and
(b) the incapacity is not caused by any physical
30 or mental impairment; and
(c) the incapacity has been the subject of
remedial action which has not resolved the
matter.
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(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--
5 (i) transferring the police officer or
protective services officer to other
duties that the Chief Commissioner
believes are within the officer's
capacity; or
10 (ii) reducing the officer's rank or seniority;
or
(iii) both actions specified in
subparagraphs (i) and (ii); or
(iv) dismissing the officer; and
15 (b) the grounds on which the Chief
Commissioner believes that the officer is
incapable of performing his or her duties;
and
(c) that the officer may make written
20 submissions to the Chief Commissioner on
the matter within 21 days after receiving the
notice.
70 Determination of incapacity
(1) This section applies if--
25 (a) a notice of incapacity has been given to a
police officer or protective services officer;
and
(b) the Chief Commissioner has considered any
written submissions made, within 21 days
30 after receipt of the notice, by the officer; and
(c) the Chief Commissioner is satisfied that the
officer is incapable of performing his or her
duties.
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(2) The Chief Commissioner may, by written notice
to the police officer or protective services
officer--
(a) transfer the officer to other duties that the
5 Chief Commissioner believes are within the
officer's capacity; or
(b) reduce the officer's rank or seniority; or
(c) take both actions specified in paragraphs (a)
and (b); or
10 (d) dismiss the officer.
(3) A notice under subsection (2) must state the
grounds on which the Chief Commissioner is
satisfied that the officer is incapable of performing
his or her duties.
15 (4) If the Chief Commissioner reduces the officer's
rank under subsection (2)(b) or (c), the Chief
Commissioner must determine the officer's
seniority in relation to other officers of the rank to
which the officer has been reduced.
20 Note
This Division does not apply to Assistant Commissioners--
see clause 13 of Part 3 of Schedule 1.
Division 7--Protections
71 Protection of people executing warrants
25 (1) This section applies in relation to a warrant issued
by--
(a) the Magistrates' Court; or
(b) a magistrate; or
(c) a registrar of the Magistrates' Court; or
30 (d) a board, tribunal, commission or other body
(whether constituted by one person or more
than one person) established by or under an
Act; or
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(e) a member of a board, tribunal, commission
or other body referred to in paragraph (d); or
(f) an officer of a board, tribunal, commission or
other body referred to in paragraph (d).
5 (2) Proceedings cannot be brought against a protected
person for anything done or purportedly done in
the course of executing a warrant until--
(a) a written demand to inspect and obtain a
copy of the warrant, signed by the person
10 intending to bring the action, has been made
to the protected person either in person or by
being left at the protected person's usual
place of residence or work; and
(b) the first of the following occurs--
15 (i) the demand is complied with; or
(ii) the demand is refused; or
(iii) 6 days pass after the day on which the
demand was made.
(3) In proceedings brought against a protected person
20 for anything done or purportedly done in the
course of executing a warrant, the protected
person is not to be held liable merely because--
(a) there was an irregularity or defect in the
issuing of the warrant; or
25 (b) the person who issued the warrant lacked the
jurisdiction to do so.
(4) The court must dismiss the proceedings with costs
if the protected person--
(a) produces the warrant; and
30 (b) proves that--
(i) the signature on the warrant is that of
the person whose signature it purports
to be (the issuer); and
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(ii) the issuer has the reputation of being,
and acts as, a person who has the
jurisdiction to issue the warrant; and
(iii) the act complained of was done in the
5 course of executing the warrant.
(5) Subsections (3) and (4) apply whether or not the
proceedings are brought jointly against the
protected person and the person who issued the
warrant.
10 (6) In this section--
protected person means--
(a) a police officer or protective services
officer; or
(b) a person acting at the direction of a
15 police officer or protective services
officer; or
(c) a person assisting a police officer or
protective services officer.
Division 8--Liability for tortious conduct by police and
20 protective services officers
72 What is a police tort?
(1) For the purposes of this Act, a police tort is a tort
committed by a police officer or protective
services officer in the performance or purported
25 performance of the officer's duties.
(2) For the purposes of subsection (1), a tort
includes--
(a) detrimental action (within the meaning of the
Protected Disclosure Act 2012) taken by a
30 police officer or protective services officer in
reprisal for a protected disclosure within the
meaning of that Act; and
(b) any other prescribed action or conduct.
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(3) To avoid doubt, subsection (2) does not limit what
is a tort for the purposes of subsection (1).
(4) For the purposes of subsection (1), it is irrelevant
whether the tort is committed by the police officer
5 or protective services officer alone or jointly or
severally with any other person.
73 What is a police tort claim?
(1) For the purposes of this Act, a police tort claim is
a claim for damages or other relief in respect of an
10 alleged police tort.
(2) A police tort claim includes--
(a) an action for damages under Part III of
the Wrongs Act 1958 in respect of an
alleged police tort; and
15 (b) a counterclaim for damages or other
relief in respect of an alleged police tort
committed by a police officer or
protective services officer that is made
by a person in a legal proceeding
20 brought by the officer against that
person; and
(c) any other prescribed action, claim or
proceeding in respect of an alleged
police tort.
25 (3) To avoid doubt, subsection (2) does not limit what
is a police tort claim.
74 Liability of the State for police torts
(1) Subject to this section, the State is liable for a
police tort.
30 (2) The State is not liable for a police tort if the State
establishes on a police tort claim that the conduct
giving rise to the police tort was serious and wilful
misconduct by the police officer or protective
services officer who committed the police tort.
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(3) If a police officer or protective services officer
commits a police tort for which the State is liable,
the officer--
(a) is not liable to any person for the police tort;
5 and
(b) is not liable to indemnify, or to pay any
contribution to, the State in respect of the
liability incurred by the State.
(4) The State is not liable for a tort committed by a
10 police officer or protective services officer that is
not a police tort.
75 How can police tort claims be made?
(1) Except as otherwise provided by this Division, if a
person wishes to make a police tort claim, the
15 person must make it against the State and not
against the police officer or protective services
officer who allegedly committed the police tort.
(2) A person who makes a police tort claim (other
than a counterclaim) against the State may seek to
20 have the police officer or protective services
officer who allegedly committed the police tort
joined to the proceeding only if the State pleads in
its defence to the claim that--
(a) the State would not be liable for the alleged
25 tort, if proven, because of section 74(2); or
(b) the alleged tort, if proven, would not be a
police tort.
(3) If the court permits the person to have the police
officer or protective services officer joined--
30 (a) the person is not required to file a new
originating process, but may instead amend
the existing originating process; and
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(b) the court may make any orders it considers
appropriate to enable the existing originating
process to be amended.
(4) Nothing in the Limitation of Actions Act 1958
5 prevents the making of a claim in the amended
originating process against the police officer or
protective services officer in respect of the alleged
tort if the amendment to the originating process is
made within 2 months after the State's defence is
10 served on the person making the claim.
76 Counterclaims
(1) This section applies to a counterclaim for damages
or other relief in respect of an alleged police tort
committed by a police officer or protective
15 services officer that is made by a person in a legal
proceeding brought by the officer against that
person.
(2) The person may seek to have the State joined to
the proceeding.
20 (3) Nothing in this section prevents the State from
pleading in its defence to the counterclaim that--
(a) the State would not be liable for the alleged
tort, if proven, because of section 74(2); or
(b) the alleged tort, if proven, would not be a
25 police tort.
77 Time for serving State's defence
(1) For the purposes of serving a defence referred to
in section 75(2) or 76(3), if, apart from this
section, the State would be required to serve the
30 defence within a specified period other than
60 days, that requirement is to apply as if the
specified period were 60 days.
(2) Despite subsection (1), the court in which the
police tort claim is made may extend the time by
35 which the State is required to serve its defence.
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78 Costs in police tort claims
If the court finds on a police tort claim that the
State is not liable for a police tort because of
section 74(2), the State is not entitled to recover
5 any costs from, or to be awarded any costs
against, the person who made the claim or the
police officer or protective services officer who
committed the police tort.
Note
10 Section 74(2) provides that the State is not liable if it
establishes on a police tort claim that the conduct giving rise
to the police tort was serious and wilful misconduct by the
police officer or protective services officer who committed
the police tort.
15 79 Payments by the State if police or protective services
officer liable
(1) This section applies if, on a police tort claim, a
person (the claimant) is awarded damages against
a police officer or protective services officer in
20 respect of a police tort committed by the officer.
(2) The Minister, on behalf of the State, must pay an
amount to the claimant, not exceeding the amount
of damages and any costs ordered to be paid to the
claimant, if the Minister is satisfied that--
25 (a) the claimant is unlikely to recover the
amount from the officer who committed the
police tort; and
(b) the claimant has exhausted all other avenues
to recover the amount.
30 Example
The amount may be recoverable by the claimant from
a co-defendant or an insurer.
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80 Division does not affect certain claims and
proceedings
Nothing in this Division--
(a) prevents a person from bringing legal
5 proceedings, or claiming damages or other
relief in any legal proceeding, against
another person who is not a police officer or
protective services officer but who is jointly
or severally liable for a police tort; or
10 (b) prevents a person from bringing legal
proceedings, or claiming damages or other
relief in any legal proceeding, against a
police officer or protective services officer in
respect of an alleged tort that is not a police
15 tort.
81 Effect of Division on other laws
(1) This Division has effect despite any other law or
any rule of a court.
(2) However, nothing in this Division affects the
20 operation of the Limitation of Actions Act 1958
except as provided by section 75(4).
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PART 5--DRUG AND ALCOHOL TESTING
Division 1--Introduction
82 Definitions
In this Part--
5 approved health professional has the same
meaning as in the Road Safety Act 1986;
critical incident means--
(a) an incident involving the discharge of a
firearm by a member of Victoria Police
10 personnel while the member is on duty;
or
(b) an incident involving a member of
Victoria Police personnel while the
member is on duty which--
15 (i) results in the death of, or serious
injury to, a person; and
(ii) also involves any one or more of
the following--
(A) the use of force by the
20 member;
(B) the use of a motor vehicle by
the member (including as a
passenger) in the course of
the member's duty;
25 (C) the death of, or serious injury
to, a person while that person
is in the custody of the
member;
designated work function means a work function
30 determined under section 83(2) to be a
designated work function;
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designated work unit means a work unit
determined under section 83(1) to be a
designated work unit;
drug of dependence has the same meaning as in
5 the Drugs, Poisons and Controlled
Substances Act 1981;
random selection means the selection of a person
from a pool of persons entirely by chance so
that each person in the pool has the same
10 probability of being chosen as any other
person in the pool;
registered medical practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise in the
15 medical profession (other than as a student);
registered nurse means a person registered under
the Health Practitioner Regulation National
Law--
(a) to practise in the nursing and midwifery
20 profession as a nurse (other than as a
midwife or as a student); and
(b) in the registered nurses division for that
profession;
rostered off has the meaning given in section 84;
25 rostered on has the meaning given in section 84;
serious injury includes an injury that--
(a) is life threatening; or
(b) is likely to result in permanent
impairment; or
30 (c) is likely to require long-term
rehabilitation; or
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(d) is, in the opinion of the Chief
Commissioner, of such nature, or
occurred in such circumstances, that the
infliction of it is likely to bring Victoria
5 Police into disrepute or diminish public
confidence in Victoria Police;
testing direction means a direction to a person to
do one or more of the following for the
purpose of testing for the presence of alcohol
10 or a drug of dependence--
(a) give a sample of breath;
(b) give a sample of urine;
(c) give a sample of hair;
(d) give a sample of oral fluid;
15 (e) give a buccal swab;
(f) allow either of the following to take a
sample of the person's blood--
(i) a registered medical practitioner;
(ii) an approved health professional.
20 83 Designated work units and designated work
functions
(1) The Chief Commissioner or a Deputy
Commissioner, by instrument, may from time to
time determine that a work unit within Victoria
25 Police is a designated work unit for the purposes
of this Part.
(2) The Chief Commissioner or a Deputy
Commissioner, by instrument, may from time to
time determine that a work function carried out by
30 members of Victoria Police personnel in the
course of duty or in the performance of their
duties is a designated work function for the
purposes of this Part.
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84 Meaning of rostered on and rostered off
For the purposes of this Part, a member of
Victoria Police personnel--
(a) is rostered on when he or she--
5 (i) has reported, or is required to report,
for work in accordance with a roster; or
(ii) is working a period of overtime in
accordance with an industrial
instrument applying to the member; and
10 (b) is rostered off at all other times.
Division 2--Critical incident testing
85 Persons subject to critical incident testing
This Division applies to members of Victoria
Police personnel whether they are rostered on or
15 rostered off.
86 Critical incident testing
(1) The Chief Commissioner may give a testing
direction (other than a direction to give a sample
of hair) to a person to whom this Division applies
20 if the conditions in subsection (3) are satisfied.
(2) The Chief Commissioner may direct a registered
medical practitioner or registered nurse to take a
sample of blood for analysis for the purpose of
testing for the presence of alcohol or a drug of
25 dependence from a person to whom this Division
applies if--
(a) the person is unconscious or would be
otherwise unable to comply with a testing
direction given under subsection (1); and
30 (b) the conditions in subsection (3) are satisfied.
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(3) The conditions are that--
(a) the Chief Commissioner reasonably believes
that the person has been involved in a critical
incident (whether or not the person was
5 physically present at the place where the
critical incident occurred); and
(b) the direction is given--
(i) in the case of a critical incident referred
to in paragraph (b)(ii)(B) of the
10 definition of critical incident in
section 82--within 3 hours after the
critical incident occurred; or
(ii) in the case of any other critical
incident--within a reasonable time
15 after the critical incident occurred.
87 Samples taken where person is unconscious etc.
(1) If a sample of the person's blood is taken in the
circumstances referred to in section 86(2), the
Chief Commissioner must, on the person
20 regaining consciousness or otherwise becoming
able to comply with a testing direction that could
have been given to him or her under section 86(1),
advise the person--
(a) of the taking of the sample; and
25 (b) that he or she may refuse to consent to the
use of any evidence derived from the sample;
and
(c) that refusal to consent to the use of the
evidence--
30 (i) if the person is a police officer or
protective services officer--constitutes
a breach of discipline; or
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(ii) if the person is a police recruit--may
be taken into account in the
management of the person's
performance of his or her duties; or
5 (iii) if the person is a Victoria Police
employee--may be taken into account
in a determination under the Public
Administration Act 2004 or an
industrial instrument applying to
10 Victoria Police employees as to
whether the employee has engaged in
unsatisfactory performance, misconduct
or serious misconduct.
(2) Evidence derived from a sample obtained in
15 accordance with a direction under section 86(2)
must be destroyed if the person from whom the
sample was taken refused to consent under
subsection (1) to the use of the evidence.
(3) The Chief Commissioner must cause a sample
20 taken under section 86(2) in respect of which
consent is refused under subsection (1) to be
destroyed.
Division 3--Targeted Testing
88 Targeted testing--Victoria Police personnel (other
25 than Victoria Police employees)
(1) This section applies to members of Victoria Police
personnel who are rostered on, other than Victoria
Police employees.
(2) Subject to subsection (4), the Chief Commissioner
30 may give a testing direction to a person specified
in subsection (1) if--
(a) the Chief Commissioner reasonably suspects
that the person has consumed alcohol or a
drug of dependence; and
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(b) because of that suspicion, the Chief
Commissioner reasonably believes that the
person ought to be tested for the good order
and discipline of Victoria Police.
5 (3) Subject to subsection (4), the Chief Commissioner
may give a testing direction to a person specified
in subsection (1) if the Chief Commissioner
reasonably believes that the person appears to be
unfit for work because he or she has consumed
10 alcohol or a drug of dependence.
(4) The Chief Commissioner may give a person who
has been required under section 89 to report for
work a testing direction only for the purpose of
testing for the presence of a drug of dependence.
15 89 Persons may be rostered on for the purposes of
section 88(2)
(1) The Chief Commissioner may require a person to
whom section 88(2) applies who is rostered off to
report for work for the purpose of giving that
20 person a testing direction under that section.
(2) A person who has been required under subsection
(1) to report for work is taken to be rostered on for
the purposes of this Division.
(3) A person who has been required under subsection
25 (1) to report for work must be accompanied by a
police officer to the place where the person will
undergo testing for the presence of a drug of
dependence.
(4) A person who has been required under subsection
30 (1) to report for work must not refuse or fail to
accompany the police officer to the place where
the person will undergo testing for the presence of
a drug of dependence without reasonable excuse.
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(5) If a person who has been required under
subsection (1) to report for work refuses or fails to
accompany the police officer to the place where
the person will undergo testing for the presence of
5 a drug of dependence because he or she is ill, the
person must provide--
(a) if a form is prescribed for the purposes of
this section--a copy of the prescribed form
signed by a registered medical practitioner
10 stating the testing would be prejudicial to the
person's care and treatment; or
(b) if no form is prescribed for the purposes of
this section--a certificate signed by a
registered medical practitioner stating the
15 testing would be prejudicial to the person's
care and treatment.
90 Targeted testing--certain Victoria Police employees
(1) This section applies to Victoria Police employees
who are rostered on and who--
20 (a) work in a designated work unit; or
(b) carry out a designated work function in the
course of their duty or in the performance of
their duties.
(2) The Chief Commissioner may give a testing
25 direction to a person specified in subsection (1) if
the Chief Commissioner reasonably believes that
the person appears to be unfit for work because he
or she has consumed alcohol or a drug of
dependence.
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Division 4--Designated work unit testing and designated
work function testing
91 Persons subject to designated work unit testing or
designated work function testing
5 This Division applies to members of Victoria
Police personnel who are rostered on and who--
(a) work in a designated work unit; or
(b) carry out a designated work function in the
course of their duty or in the performance of
10 their duties.
92 Designated work unit testing
The Chief Commissioner may give a testing
direction (other than a direction to give a sample
of hair) to a person to whom this Division applies
15 who works in a designated work unit if--
(a) the Chief Commissioner gives a direction to
every person who is rostered on and who
works in that designated work unit; or
(b) two or more persons have been chosen for
20 testing by random selection from the persons
who are rostered on and who work in the
same designated work unit.
93 Designated work function testing
The Chief Commissioner may give a testing
25 direction (other than a direction to give a sample
of hair) to a person to whom this Division applies
who carries out a designated work function in the
course of his or her duty or in the performance of
his or her duties if--
30 (a) the Chief Commissioner gives a direction to
every person who is rostered on and who
carries out that designated work function in
the course of their duty or in the performance
of their duties; or
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(b) two or more persons have been chosen for
testing by random selection from the persons
who are rostered on and who carry out the
same designated function in the course of
5 their duty or in the performance of their
duties.
Division 5--Random testing
94 Persons subject to random testing
This Division applies to members of Victoria
10 Police personnel who are rostered on, other than
Victoria Police employees.
95 Random testing
The Chief Commissioner may give a testing
direction (other than a direction to give a sample
15 of hair) to one or more persons to whom this
Division applies if the person or persons have
been chosen by random selection from the persons
to whom this Division applies.
Division 6--Use of test results
20 96 Chief Commissioner may have regard to evidence in
certain circumstances
(1) The Chief Commissioner may have regard to
evidence derived from a sample obtained from a
person in accordance with a testing direction
25 (other than a testing direction given under
section 88(2))--
(a) in managing the person's performance of his
or her duties in relation to the consumption
of drugs or alcohol; or
30 (b) if the person is a police officer (other than a
special constable) or a protective services
officer--in conducting an inquiry or
investigation under Division 6 of Part 4,
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Part 7, Part 9 or Part 10 in respect of the
person; or
(c) if the person is a special constable--
in conducting an investigation under
5 section 195 in respect of the person; or
(d) if the person is a Victoria Police employee--
in relation to the making of a determination
under the Public Administration Act 2004
or an industrial instrument applying to
10 Victoria Police employees as to whether the
employee has engaged in unsatisfactory
performance, misconduct or serious
misconduct; or
(e) in a proceeding arising out of, or connected
15 with, an investigation referred to in
paragraph (b), (c) or (d).
(2) The Chief Commissioner may have regard to
evidence derived from a sample obtained from a
person in accordance with a testing direction
20 given under section 88(2)--
(a) if the person is a police officer (other than a
special constable) or a protective services
officer--in conducting an inquiry or
investigation under Part 7, Part 9 or Part 10
25 in respect of the person; or
(b) if the person is a special constable--
in conducting an investigation under
section 195 in respect of the person; or
(c) in a proceeding arising out of, or connected
30 with, an investigation referred to in
paragraph (a) or (b).
(3) To avoid doubt, subsections (1) and (2) apply to
evidence derived from a sample obtained in
accordance with a testing direction whether or not
35 that evidence was used in any previous
management of the person's performance, inquiry,
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investigation, determination or proceeding of a
kind referred to in subsection (1) or (2) (as the
case requires).
97 Admissibility of test results in certain proceedings
5 (1) Evidence derived from a sample obtained in
accordance with a testing direction is inadmissible
in any proceeding in a court, tribunal or before a
person or body authorised to hear and receive
evidence.
10 (2) Subsection (1) does not apply--
(a) in a proceeding under the Accident
Compensation Act 1985 to rebut or support
an allegation that the presence of alcohol or a
drug of dependence contributed to the injury
15 in respect of which the proceeding was
commenced; or
(b) in a prosecution under the Occupational
Health and Safety Act 2004 to rebut or
support an allegation that the presence of
20 alcohol or a drug of dependence contributed
to the occurrence of the act, matter or thing
constituting the offence in respect of which
the prosecution is brought; or
(c) in a proceeding arising out of, or connected
25 with--
(i) an inquiry or investigation of a police
officer (other than a special constable)
or a protective services officer under
section 67, Division 6 of Part 4, Part 7,
30 Part 9 or Part 10; or
(ii) an investigation of a special constable
under section 195; or
(iii) a determination under the Public
Administration Act 2004 or an
35 industrial instrument applying to
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Victoria Police employees as to
whether a Victoria Police employee has
engaged in unsatisfactory performance,
misconduct or serious misconduct; or
5 (d) in an investigation by the IBAC or a
proceeding arising out of, or connected with,
an investigation by the IBAC that relates to a
member of Victoria Police personnel; or
(e) in a proceeding arising out of, or connected
10 with, a critical incident (including a police
tort claim).
(3) Subsection (2) does not apply to evidence derived
from a sample obtained in accordance with
section 86(2) if the person from whom the sample
15 was taken refuses or has refused to consent to the
use of the evidence.
(4) To avoid doubt, subsection (2) applies to evidence
derived from a sample obtained in accordance
with a testing direction whether or not that
20 evidence was used in any previous inquiry,
investigation, determination or proceeding of a
kind referred to in subsection (2).
(5) In this section--
proceeding includes a coronial inquest or inquiry.
25 98 Confidentiality of test results
The Chief Commissioner must ensure that the
result of any test conducted in accordance with a
testing direction given under this Part is handled
in accordance with the regulations.
30 Note
Section 232 provides that it is an offence to disclose
identifying information in relation to drug and alcohol
testing.
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Division 7--General
99 Requirement to comply with testing direction
A member of Victoria Police personnel must
comply with a testing direction given to him or
5 her by the Chief Commissioner in accordance
with this Part.
100 Offence to tamper with a sample
(1) A person must not, without reasonable excuse, do
any of the following to a sample obtained in
10 accordance with a testing direction made under
this Part--
(a) interfere or tamper, or attempt to interfere or
tamper, with that sample; or
(b) substitute, or attempt to substitute, another
15 sample for that sample; or
(c) pass off, or attempt to pass off, another
sample for that sample.
Penalty: In the case of an individual, 60 penalty
units or imprisonment for 6 months or
20 both;
In the case of a body corporate,
300 penalty units.
Note
See section 72 of the Criminal Procedure Act 2009, which
25 deals with the evidential burden of proof.
(2) Without limiting the operation of subsection (1),
interfering or tampering with a sample includes--
(a) improperly processing a sample for the
purpose of falsifying test results; or
30 (b) diluting or adulterating a sample.
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101 Limitation of liability for registered medical
practitioners etc.
Neither of the following persons is liable for
anything properly and necessarily done in the
5 course of taking any sample which he or she
reasonably believes was required or allowed to be
taken from any person under this Part--
(a) a registered medical practitioner;
(b) an approved health professional.
10 102 Operation of the Road Safety Act 1986
Nothing in this Part affects the operation of Part 5
of the Road Safety Act 1986.
__________________
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PART 6--POLICE REGISTRATION
Division 1--Registration
103 Qualifications for registration
A person is qualified for registration under this
5 Part if the person--
(a) is of good character and reputation; and
(b) has any qualifications and experience
prescribed by the regulations for registration
at a specified rank; and
10 (c) has the aptitude and efficiency required to
perform as a police officer at a specified
rank.
104 Application for registration
(1) A person may apply to the PRS Board for
15 registration under this Part if the person is--
(a) a police officer who is absent on secondment
to another body or institution or on leave
without pay; or
(b) a former police officer, other than a former
20 police officer who has been dismissed from
Victoria Police.
Note
Applications should be made to the Registration Division of
the PRS Board, which performs the PRS Board's registration
25 functions (see sections 202(1)(a) and 203(a)).
(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
30 PRS Board; and
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(c) be accompanied by--
(i) evidence of the qualifications and
experience that the applicant claims
qualifies himself or herself to
5 registration at a specified rank; and
(ii) the prescribed application fee.
(3) A function of the PRS Board under subsection
(2)(a) and (b) may be performed by the President
of the PRS Board or the Deputy President of the
10 Registration Division.
105 Registration
(1) The PRS Board may register an applicant if
satisfied that the applicant is qualified for
registration.
15 Note
Section 103 sets out the qualifications for registration.
(2) The PRS Board may register an applicant subject
to any conditions that the PRS Board considers
appropriate.
20 (3) The PRS Board cannot refuse to register an
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
25 (b) given the applicant a reasonable 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 PRS
30 Board must--
(a) enter details of the registration in the Police
Profession Register; and
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(b) give the applicant a certificate of registration
that includes--
(i) the applicant's name; and
(ii) the date on which the applicant was
5 registered; and
(iii) the rank at which the applicant is
registered; and
(iv) any conditions to which the registration
is subject; and
10 (v) 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 conditions, the
15 notification under subsection (5) must include the
reasons for the PRS Board's decision.
(7) A function of the PRS Board under this section
may be performed by the President of the PRS
Board or the Deputy President of the Registration
20 Division.
106 Commencement and duration of registration
(1) Registration of a person under this Part takes
effect when the PRS Board enters the details of
the registration in the Police Profession Register.
25 (2) Registration of a person under this Part remains in
force until the earlier of--
(a) the expiry of the period determined by the
PRS Board and specified in the certificate of
registration; or
30 (b) the appointment of the person as a police
officer or the person's return to duty as a
police officer (as the case requires); or
(c) the cancellation of the person's registration.
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Division 2--Renewal of registration
107 Board must notify person when registration about
to expire
(1) The PRS Board must notify a person who is
5 registered under this Part, in writing at least
2 months before the day on which the person's
registration is due to expire--
(a) that the person's registration is due to expire;
and
10 (b) that the person may apply to have their
registration renewed; and
(c) of the date on which the person's registration
will expire.
(2) A function of the PRS Board under this section
15 may be performed by the President of the PRS
Board or the Deputy President of the Registration
Division.
108 Application for renewal of registration
(1) A person who is registered under this Part may
20 apply to the PRS Board for renewal of
registration.
Note
Applications are to be made to the Registration Division of
the PRS Board, which performs the PRS Board's registration
25 functions (see sections 202(1)(a) and 203(a)).
(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
30 PRS Board; and
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(c) be accompanied by satisfactory evidence
of--
(i) the applicant's good character and
reputation; and
5 (ii) the applicant's qualifications and
experience prescribed by the
regulations for registration at a
specified rank; and
(iii) the applicant's aptitude and efficiency
10 required to perform as a police officer
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 the
15 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
20 (b) the time when the PRS Board gives the
person a notice of its refusal to renew the
person's registration.
(4) A function of the PRS Board under
subsection (2)(a) and (b) may be performed by the
25 President of the PRS Board or the Deputy
President of the Registration Division.
109 Renewal of registration
(1) The PRS Board may renew a person's registration
under this Part if it is satisfied that the applicant
30 continues to be qualified for registration.
Note
Section 103 sets out the qualifications for registration.
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(2) The PRS Board may renew an applicant's
registration subject to any conditions the PRS
Board considers appropriate.
(3) The PRS Board cannot refuse to renew a person's
5 registration, or renew a person's registration
subject to conditions, unless the PRS Board has--
(a) informed the person of the PRS Board's
intention to do so; and
(b) given the person a reasonable opportunity to
10 make submissions to the PRS Board; and
(c) taken any submissions made by the applicant
into account.
(4) The PRS Board must notify, in writing, a person
who has applied for renewal of registration of its
15 decision on the application.
(5) If the PRS Board refuses to renew a person's
registration, or renews the person's registration
subject to conditions, the notification under
subsection (4) must include the reasons for the
20 PRS Board's decision.
(6) A function of the PRS Board under this section
may be performed by the President of the PRS
Board or the Deputy President of the Registration
Division.
25 Division 3--Suspension and cancellation of registration
110 Mandatory suspension of registration
(1) If the PRS Board receives a declaration by the
Chief Commissioner that a person who is
registered has been suspended from duty or
30 directed to take leave from Victoria Police, the
PRS Board must, by written notice, suspend the
registration of the person under this Part.
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Note
The Chief Commissioner may suspend a police officer or
direct a police officer to take leave under section 127 or 135.
(2) A suspension of registration under this section
5 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--
(a) the person's return to duty; or
10 (b) the cancellation of the person's registration.
Note
If a police officer is dismissed, his or her registration under
this Part must be cancelled under section 113.
(4) The function of the PRS Board under
15 subsection (1) may be performed by the President
of the PRS Board or the Deputy President of the
Registration Division.
111 Discretionary suspension of registration
(1) The PRS Board, by written notice, may suspend
20 the registration of a person under 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
25 (b) the PRS Board reasonably believes that the
person's application for registration or
renewal of registration contained information
that was false or misleading; or
(c) the Chief Commissioner notifies the PRS
30 Board that an inquiry into a breach of
discipline by the police officer has
commenced.
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(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 section
5 lasts until--
(a) the PRS Board revokes the suspension; or
(b) the PRS Board cancels the person's
registration.
Note
10 Section 202(2) requires the PRS Board to have regard to the
advice of the Chief Commissioner when performing its
registration functions.
(4) The function of the PRS Board under
subsection (1) may be performed by the President
15 of the PRS Board or the Deputy President of the
Registration Division.
112 Effect of suspension
A person whose registration under this Part has
been suspended is taken, during the period of
20 suspension, not to be registered under this Part.
113 Mandatory cancellation of registration
(1) The PRS Board must, by written notice, cancel the
registration of a person under this Part on
receiving a declaration by the Chief
25 Commissioner that the person has been dismissed
from Victoria Police.
(2) A cancellation of registration under this section
takes effect when notice of the cancellation is
given to the person by the PRS Board.
30 (3) The function of the PRS Board under subsection
(1) may be performed by the President of the PRS
Board or the Deputy President of the Registration
Division.
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114 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
5 show cause, within the time 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
(b) the person's application for registration or
10 renewal of registration contained information
that was false or misleading.
Note
Section 103 sets out the qualifications for registration.
(2) The time specified in the notice of intention to
15 cancel must be at least 21 days after the day on
which the notice is given to the 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
20 Board, the PRS Board must consider the person's
response before cancelling the person's
registration under this Part.
Note
Section 202(2) requires the PRS Board to have regard to the
25 advice of the Chief Commissioner when performing its
registration functions.
(4) The function of the PRS Board under subsection
(1) may be performed by the President of the PRS
Board or the Deputy President of the Registration
30 Division.
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115 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 under
5 section 114.
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 Board must consider the
10 person's response before cancelling the person's registration
under this Part (see section 114(3)).
(2) If the PRS Board cancels the registration of a
person under subsection (1), it must give written
notice as soon as practicable to the person whose
15 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 specified in the
notice.
20 Note
Section 202(2) requires the PRS Board to have regard to the
advice of the Chief Commissioner when performing its
registration functions.
(4) Any function of the PRS Board under this section
25 may be performed by the President of the PRS
Board or the Deputy President of the Registration
Division.
116 Return of certificate on cancellation
A person whose registration is cancelled under
30 this Part must return his or her certificate of
registration to the PRS Board within 28 days after
the day on which the person receives notice of the
cancellation.
Penalty: 60 penalty units.
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Division 4--Hearings
117 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; or
10 (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 an
applicant for registration or renewal of registration
or a person to whom a notice of intention to
15 cancel was given (as the case requires) of the day,
time and venue for the hearing.
(3) For the purpose of conducting a hearing, the PRS
Board is to be constituted by 3 members of the
Registration Division, of whom--
20 (a) at least one is the President or the Deputy
President of the Registration 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
25 President of the Registration Division must
preside at the hearing.
118 Procedure at hearings
(1) An applicant for registration or renewal of
registration, or a person to whom a notice of
30 intention to cancel was given--
(a) may appear at a hearing under section 117;
and
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(b) may be represented at the hearing by any
person other than a legal practitioner.
(2) The PRS Board is not bound by the rules of
evidence or any practices or procedures applicable
5 to courts of record and may inform itself on any
matter as it sees fit.
(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
10 oath to be administered.
(4) If a person has been given notice under
section 117(2) and fails to attend at the time and
venue specified in the notice, the hearing may be
held in the person's absence.
15 (5) A question before the PRS Board at a hearing
under this section must be decided according to
the opinion of the majority of the members
present.
119 Application for registration or renewal of
20 registration hearings--Private unless otherwise
ordered
(1) Subject to this section, all hearings of the PRS
Board to decide whether to refuse an application
for registration or renewal of registration must be
25 held in private.
(2) The PRS Board, at the request of an applicant,
may conduct a hearing in public.
(3) The PRS Board, on its own initiative, may
conduct a hearing in public if the PRS Board is
30 satisfied that the holding of the hearing in public
would facilitate the conduct of the proceedings or
would otherwise be in the public interest.
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120 Cancellation of registration hearings--Public unless
otherwise ordered
(1) Subject to this section, all hearings of the PRS
Board to decide whether to cancel the registration
5 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 cancel was given,
may direct that a hearing or any part of it be held
in private.
10 (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 the holding of the
hearing or part in private would facilitate the
conduct of the proceedings or would otherwise be
15 in the public interest.
(4) If the PRS Board considers it necessary 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
20 any information derived from the hearing or part,
except by, 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
25 hearing is held.
(6) A person must not contravene an order made
under subsection (4) that has been displayed in
accordance with subsection (5).
Penalty: In the case of an individual, 60 penalty
30 units;
In the case of a body corporate,
300 penalty units.
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Division 5--Police Profession Register
121 PRS Board to keep Police Profession Register
(1) The PRS Board must keep a register (called the
Police Profession Register) of persons registered
5 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
10 number or former registered number (if any);
and
(b) the date the person was first registered; and
(c) the person's contact address and particulars;
and
15 (d) any conditions to which the registration is
subject; and
(e) the date on which the registration expires.
(3) The Police Profession Register may contain any
other information the PRS Board considers
20 appropriate.
(4) The PRS Board must keep in a separate part of the
Police Profession Register particulars of a person
whose registration has been suspended or
cancelled.
25 (5) The Police Profession Register is to be kept in the
form and manner determined by the PRS Board.
(6) A function of the PRS Board under subsection (5)
may be performed by the President of the PRS
Board or the Deputy President of the Registration
30 Division.
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122 Chief Commissioner to notify PRS Board of
appointments and dismissals
The Chief Commissioner must give written notice
to the PRS Board as soon as practicable after a
5 person registered under this Part--
(a) is appointed as a police officer; or
(b) returns from a period of absence on
secondment or leave without pay; or
(c) is dismissed from Victoria Police.
10 Division 6--General
123 Natural justice
The PRS Board is bound by the rules of natural
justice in the performance of its functions under
this Part.
15 124 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--
(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 with a
25 person on the premises apparently at least
16 years old and apparently residing or
employed there.
(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
30 next business day.
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Part 7--Discipline
s. 125
PART 7--DISCIPLINE
Division 1--Breaches of discipline
125 Breaches of discipline
(1) A police officer or protective services officer
5 commits a breach of discipline if he or she--
(a) contravenes a provision of this Act or the
regulations; or
(b) fails to comply with a direction given under
section 84 of the Independent Broad-based
10 Anti-corruption Commission Act 2011; or
(c) fails to comply with the Chief
Commissioner's instructions; or
(d) fails to comply with a direction given under
Part 5; or
15 (e) refuses to consent to the use of evidence
derived from a sample in the circumstances
referred to in section 87; or
(f) fails to comply with a direction given under
Division 1 of Part 9 of the Independent
20 Broad-based Anti-corruption Commission
Act 2011; or
(g) refuses to consent to the use of evidence
derived from a sample in the circumstances
referred to in section 174 of the
25 Independent Broad-based Anti-corruption
Commission Act 2011; or
(h) engages in conduct that is likely to bring
Victoria Police into disrepute or diminish
public confidence in it; or
30 (i) fails to comply with a lawful instruction
given by the Chief Commissioner, a police
officer of or above the rank of senior
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sergeant or a person having the authority to
give the instruction; or
(j) is guilty of disgraceful or improper conduct
(whether in his or her official capacity or
5 otherwise); or
(k) is negligent or careless in the discharge of
his or her duty; or
(l) without the approval of the Chief
Commissioner--
10 (i) applies for or holds a licence or permit
to conduct any trade, business or
profession; or
(ii) conducts any trade, business or
profession; or
15 (iii) accepts any other employment; or
(m) acts in a manner prejudicial to the good order
or discipline of Victoria Police; or
(n) has been charged with an offence (whether
under a Victorian law or under a law of
20 another place) and the offence has been
found proven.
(2) A police officer or protective services officer who
aids, abets, counsels or procures, or who, by any
act or omission, is directly or indirectly knowingly
25 concerned in or a party to the commission of a
breach of discipline, also commits a breach of
discipline.
126 Preliminary investigation
(1) If the Chief Commissioner reasonably believes
30 that a police officer or protective services officer
may have committed a breach of discipline, the
Chief Commissioner may begin an investigation
of the matter.
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(2) At any time during an investigation into a matter
the Chief Commissioner may--
(a) transfer the police officer or protective
services officer to other duties; or
5 (b) direct the officer to take any leave which has
accrued to him or her; or
(c) suspend the officer with pay.
(3) If a police officer or protective services officer has
not been charged under section 127 within
10 3 months after action has been taken against him
or her under subsection (2), the Chief
Commissioner must withdraw the transfer,
direction or suspension.
(4) The Chief Commissioner may apply to the PRS
15 Board for an extension of the time specified in
subsection (3).
(5) The President of the PRS Board or the Deputy
President of the Review Division may give the
extension if he or she reasonably believes it is
20 necessary for the investigation.
127 Charging
(1) If, after conducting a preliminary investigation,
the Chief Commissioner or a person authorised by
the Chief Commissioner under section 130(1)(a)
25 reasonably believes that a police officer or
protective services officer has committed a breach
of discipline, the Chief Commissioner or
authorised person may charge the officer with the
commission of that breach of discipline.
30 (2) If the Chief Commissioner or authorised person
reasonably believes that the police officer or
protective services officer has committed an
offence referred to in Schedule 4, the Chief
Commissioner or authorised person must not
35 charge the officer with the commission of a
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breach of discipline until the Chief Commissioner
or authorised person has consulted the Director of
Public Prosecutions.
(3) If the Chief Commissioner or authorised person
5 reasonably believes that the police officer or
protective services officer has committed any
other offence, the Chief Commissioner or
authorised person may consult the Director of
Public Prosecutions before charging the officer
10 with the commission of a breach of discipline.
(4) On charging a police officer or protective services
officer, the Chief Commissioner or authorised
person may--
(a) transfer the officer to other duties; or
15 (b) direct the officer to take any leave which has
accrued to him or her; or
(c) suspend the officer with or without pay.
(5) Any action taken under subsection (4) remains in
force until the charge has been finally determined.
20 128 Form of charge
(1) A charge must--
(a) be in writing; and
(b) contain particulars of the alleged breach of
discipline; and
25 (c) specify when and where an inquiry into the
charge is to be conducted; and
(d) specify that the police officer or protective
services officer must state in writing whether
or not he or she admits or denies the truth of
30 the charge; and
(e) specify the time within which the officer
must make the statement under
paragraph (d).
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(2) If a police officer or protective services officer has
not made the statement required under subsection
(1)(d) within the time specified under subsection
(1)(e), the Chief Commissioner may proceed
5 without the statement.
129 Inquiry into a charge
The Chief Commissioner or a person authorised
by the Chief Commissioner under
section 130(1)(b) must inquire into and determine
10 a charge.
130 Authorisation of persons to charge or inquire into
and determine charges
(1) The Chief Commissioner may authorise any
police officer or any person employed under the
15 Public Administration Act 2004 to--
(a) charge a police officer or protective services
officer under section 127; or
(b) inquire into and determine a charge under
section 129.
20 (2) A person can be authorised under subsection
(1)(a) or (b) or both, but the same authorised
person cannot inquire into and determine a charge
that he or she has laid.
131 Procedure on an inquiry
25 (1) A police officer or protective services officer who
is charged with a breach of discipline may appear
at the inquiry into the charge or may be
represented by any person other than a legal
practitioner.
30 (2) If a police officer or protective services officer
who is the subject of an inquiry does not attend in
person or by representative at the time and place
fixed for the inquiry, the person conducting the
inquiry may proceed in the officer's absence.
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(3) At an inquiry--
(a) subject to this section, the procedure of the
inquiry is at the discretion of the person
conducting it; and
5 (b) the proceedings must be conducted with as
little formality and technicality as the
requirements of this Act and the proper
consideration of the matter permit; and
(c) the person conducting the inquiry is not
10 bound by the rules of evidence but may
inform himself or herself in any way he or
she sees fit; and
(d) the person conducting the inquiry is bound
by the rules of natural justice.
15 (4) Sections 14, 15, 16 and 21A of the Evidence
(Miscellaneous Provisions) Act 1958 apply to
the conduct of an inquiry as if the person
conducting the inquiry were a board or the
chairman of a board appointed by the Governor in
20 Council.
132 Determination of the inquiry
(1) If, after considering all the submissions made at
an inquiry, the person conducting the inquiry finds
that the charge has been proved, the person
25 conducting the inquiry may make one or more of
the following determinations--
(a) to reprimand the police officer or protective
services officer;
(b) to adjourn the hearing of the inquiry into the
30 charge on the condition that the officer be of
good behaviour for a period not exceeding
12 months or on any other condition
specified in the determination;
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(c) to impose a fine not exceeding an amount
that is 40 times the value of a penalty unit
fixed by the Treasurer under section 5(3) of
the Monetary Units Act 2004;
5 (d) to impose a period, not exceeding 2 years,
during which the officer will not be eligible
for promotion or transfer;
(e) to reduce the officer's rank or seniority;
(f) to reduce the officer's remuneration;
10 (g) to transfer the officer to other duties;
(h) to dismiss the officer.
(2) The person conducting the inquiry may also
determine that the officer make any restitution or
pay any compensation or costs that are appropriate
15 for that matter.
(3) If the person conducting the inquiry reduces the
officer's rank, the Chief Commissioner must
determine the officer's seniority in relation to
other officers of the rank to which the officer has
20 been reduced.
(4) If the person conducting the inquiry finds that the
charge has not been proved--
(a) any suspension against the officer relating to
the charge expires; and
25 (b) if the officer has been suspended without
pay, an amount equal to the pay the officer
would have received during that period of
suspension must be paid to the officer; and
(c) if the officer has been directed to take leave,
30 the officer must be credited with any leave
taken at that direction.
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133 Enforcement of the determination
(1) The Chief Commissioner and, if the Chief
Commissioner has not conducted the inquiry, the
person conducting the inquiry must take all action
5 necessary to give effect to a determination made
on an inquiry.
(2) A fine or requirement to pay compensation or
costs or make restitution may be recovered in the
Magistrates' Court as a civil debt or by deducting
10 the amount from the officer's pay or from any
other amount payable to him or her by the State.
134 Adjournment of charge
(1) If the hearing of an inquiry into a charge has been
adjourned under section 132(1)(b), the time and
15 place of the further hearing must be fixed at the
time of the adjournment.
(2) If, at the further hearing of the inquiry into the
charge, the person conducting the hearing is
satisfied that the police officer or protective
20 services officer has been of good behaviour, he or
she must dismiss the charge, but in any other case
the hearing must be continued in the same manner
as if it had not been adjourned.
Division 2--Offences punishable by imprisonment
25 135 Officer believed to have committed an offence
punishable by imprisonment
(1) If the Chief Commissioner reasonably believes
that a police officer or protective services officer
has committed an offence punishable by
30 imprisonment, the Chief Commissioner may cause
an investigation into the matter under the criminal
law to be commenced and may, at any time during
that investigation--
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(a) transfer the officer to other duties; or
(b) direct the officer to take any leave which has
accrued to him or her; or
(c) suspend the officer with pay.
5 (2) If a police officer or protective services officer has
been charged under the criminal law with an
offence punishable by imprisonment (whether in
Victoria or elsewhere) the Chief Commissioner
may--
10 (a) transfer the officer to other duties; or
(b) direct the officer to take any leave which has
accrued to him or her; or
(c) suspend the officer with or without pay.
136 Charge found proven against officer
15 (1) If a police officer or protective services officer has
been charged under the criminal law with an
offence punishable by imprisonment (whether in
Victoria or elsewhere) and the offence has been
found proven, the Chief Commissioner may--
20 (a) do one or more of the following--
(i) reprimand the officer;
(ii) reduce the officer's rank or seniority;
(iii) reduce the officer's remuneration; or
(b) require the officer to be of good behaviour
25 for a period not exceeding 12 months or on
any other condition specified by the Chief
Commissioner; or
(c) impose a fine not exceeding an amount that
is 40 times the value of a penalty unit fixed
30 by the Treasurer under section 5(3) of the
Monetary Units Act 2004; or
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(d) impose a period, not exceeding 2 years,
during which the officer will not be eligible
for promotion or transfer; or
(e) transfer the officer to other duties; or
5 (f) dismiss the officer.
(2) If the Chief Commissioner reduces the officer's
rank, the Chief Commissioner must determine the
officer's seniority in relation to other officers of
the rank to which the officer has been reduced.
10 (3) If a police officer or protective services officer
who has been dismissed under this section is
subsequently pardoned or his or her conviction is
subsequently set aside, the officer may be
reappointed to Victoria Police at the rank and
15 seniority he or she held before dismissal.
(4) On a reappointment under subsection (3), the
officer is taken--
(a) to have continued in Victoria Police as if he
or she had not been not dismissed; and
20 (b) to have been on leave without pay during the
period during which the officer was not
performing his or her duties because of the
dismissal.
(5) A police officer or protective services officer is
25 not entitled to any other leave credits for any
period during which he or she is taken under
subsection (4)(b) to have been on leave without
pay.
(6) A fine imposed under this section may be
30 recovered in the Magistrates' Court as a civil debt
or by deducting the amount from the officer's pay
or from any other amount payable to him or her
by the State.
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137 Action not to be taken against an officer twice
The Chief Commissioner must not take action
against a police officer or protective services
officer under Division 1 in respect of an act for
5 which that officer has had action taken against
him or her under section 136(1).
Division 3--Effect of suspension, dismissal or reduction of
rank
138 Suspension
10 (1) Despite anything to the contrary in this or any
other Act or regulation, a police officer or
protective services officer who has been
suspended without pay under section 127(4)(c) or
135(2)(c), may, with the approval of the Chief
15 Commissioner, undertake paid employment
during the period of that suspension.
(2) A police officer or protective services officer who
has been suspended must immediately return his
or her Victoria Police equipment and Victoria
20 Police identification.
Penalty: 50 penalty units.
(3) A police officer or protective services officer who
has been suspended must comply with an order
from a superior officer to temporarily return to
25 work.
Penalty: 5 penalty units.
(4) A police officer or protective services officer who
has been suspended must not, while on
suspension, enter any police premises, other than
30 those areas available to the public, unless under a
direction to do so.
Penalty: 5 penalty units.
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139 Forfeiture of salary
(1) This section applies if a police officer or
protective services officer has been suspended
and--
5 (a) a charge is found proven against the officer
under Division 2; or
(b) the officer has been charged with an offence
referred to in section 136; or
(c) the officer resigns from Victoria Police
10 before any charge under Division 2 or any
criminal charge referred to in section 136 is
finalised.
(2) The officer--
(a) forfeits all salary that accrued to him or her
15 during the suspension; and
(b) must repay any salary that has been paid to
him or her during the suspension.
(3) Any salary not repaid under subsection (2) may be
recovered by the Chief Commissioner, as a debt
20 due to the State, in a court of competent
jurisdiction.
(4) The Chief Commissioner may, on application to
him or her in writing, determine that subsection
(1) does not apply to a police officer or protective
25 services officer.
140 No compensation for dismissal or reduction in rank
(1) A police officer or protective services officer is
not entitled to any compensation for a reduction in
his or her salary because of a reduction in his or
30 her rank or dismissal under this Part.
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(2) Subsection (1) does not apply to any arrangement
made with the employer of police officers or
protective services officers about the termination
of employment of police officers or protective
5 services officers.
__________________
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PART 8--APPEALS AND REVIEWS
Division 1--Appeals
141 Promotion and transfer appeals--police officers
(1) Subject to this section and the regulations, a police
5 officer may appeal to the PRS Board against the
selection of another police officer for promotion
under section 31 or transfer under section 34 if--
(a) the officer applied for promotion or transfer
to the position; and
10 (b) the officer considers, on the grounds referred
to in subsection (4), that he or she has a
better claim to promotion or transfer than the
officer selected.
Note
15 The functions of the PRS Board in relation to appeals are
performed by the Review Division.
(2) A police officer cannot appeal in relation to--
(a) a promotion or transfer to a position at the
rank of superintendent, chief superintendent
20 or commander; or
(b) a transfer to a position of constable (general
duties); or
(c) a promotion or transfer to a position of
senior constable (general duties); or
25 (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
interest process agreed under an industrial
30 instrument applying to police officers.
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(3) A police officer cannot appeal under this section if
he or she has lodged an appeal under this section
on 4 or more occasions in the current financial
year--
5 (a) whether or not in relation to the same
position; and
(b) whether or not any of those appeals were
successful, unsuccessful or withdrawn.
(4) The only grounds for appeal are--
10 (a) in relation to the rank of senior sergeant,
sergeant or senior constable--
(i) superior efficiency; or
(ii) equal efficiency and greater seniority;
(b) in relation to the rank of inspector or chief
15 inspector--superior efficiency.
(5) An appeal must be lodged within 3 days after the
day on which notice of the selection is published
under section 31(5) or 34(5).
142 Promotion and transfer appeals--protective services
20 officers
(1) Subject to this section and the regulations, a
protective services officer may appeal to the PRS
Board against the selection of another protective
services officer for promotion under section 40 or
25 transfer under section 43 if--
(a) the officer applied for promotion or transfer
to the position; and
(b) the officer considers, on the grounds referred
to in subsection (4), that he or she has a
30 better claim to promotion than the officer
selected.
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Note
The functions of the PRS Board in relation to appeals are
performed by the Review Division.
(2) A protective services officer cannot appeal in
5 relation to--
(a) a promotion to a position at a rank specified
by the regulations for the purposes of this
section; or
(b) a transfer made under an expression of
10 interest process agreed under an industrial
instrument applying to protective services
officers.
(3) A protective services officer cannot appeal under
this section if he or she has lodged an appeal
15 under this section on 4 or more occasions in the
current financial year--
(a) whether or not in relation to the same
position; and
(b) whether or not any of those appeals were
20 successful, unsuccessful or withdrawn.
(4) The only grounds for appeal are--
(a) superior efficiency; or
(b) equal efficiency and greater seniority.
(5) An appeal must be lodged within 3 days after the
25 day on which notice of the selection is published
under section 40(4) or 43(4).
143 Constitution of PRS Board for appeal
(1) For the purpose of an appeal, the PRS Board is to
be constituted by--
30 (a) a member of the Review Division sitting
alone; or
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(b) 2 members of the Review Division of whom
at least one is the President or the Deputy
President.
(2) The President is to determine the constitution of
5 the PRS Board to hear an appeal.
(3) If the PRS Board is constituted as referred to 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
10 of the President or Deputy President or, if both are
sitting, the President.
144 Appeal to be re-hearing
An appeal under this Division is to be by way of a
re-hearing.
15 145 Procedure on appeal
(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
20 notified under section 156(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
25 Board, being of the opinion that there are
exceptional circumstances, gives leave.
(3) The PRS Board must hear and determine the
appeal within 5 business days after the selection
file is lodged under subsection (1).
30 (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--
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(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
5 subsection (4)(a) or fails to make an election 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.
Division 2--Reviews
10 146 What decisions are reviewable?
(1) Subject to subsection (3), a police officer may
apply to the PRS Board for review of a decision
by the Chief Commissioner, or a person
authorised by the Chief Commissioner--
15 (a) not to confirm the officer's promotion; or
(b) to disallow the officer's promotion; or
(c) that the officer is unsuitable for promotion to
a position of senior constable (general
duties); or
20 (d) not to promote the officer, being a constable,
to the rank of senior constable in the same
position; or
(e) to reduce the officer's rank or seniority under
section 70(2)(b) or (c), 132(1)(e)
25 or 136(1)(a)(ii); or
(f) to reduce the officer's remuneration under
section 132(1)(f) or 136(1)(a)(iii); or
(g) to transfer the officer under section 70(2)(a)
or (c), 132(1)(g) or 136(1)(e); or
30 (h) to make a directed transfer of the officer
under section 35; or
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(i) to otherwise compulsorily transfer the
officer; or
(j) to impose a fine on the officer under
section 132(1)(c) or 136(1)(c) of an amount
5 exceeding the amount that is 5 times the
value of a penalty unit fixed by the Treasurer
under section 5(3) of the Monetary Units
Act 2004; or
(k) to impose a period of ineligibility in respect
10 of the officer under section 132(1)(d)
or 136(1)(d); or
(l) to terminate the officer's appointment; or
(m) to dismiss the officer under section 70(2)(d),
132(1)(h) or 136(1)(f).
15 Note
The functions of the PRS Board in relation to reviews are
performed by the Review Division.
(2) A protective services officer may apply to the
PRS Board for review of a decision by the Chief
20 Commissioner, or a person authorised by the
Chief Commissioner--
(a) not to confirm the officer's promotion; or
(b) to disallow the officer's promotion; or
(c) to reduce the officer's rank or seniority under
25 section 70(2)(b) or (c), 132(1)(e)
or 136(1)(a)(ii); or
(d) to reduce the officer's remuneration under
section 132(1)(f) or 136(1)(a)(iii); or
(e) to transfer the officer under section 70(2)(a)
30 or (c), 132(1)(g) or 136(1)(e); or
(f) to make a directed transfer of the officer
under section 44; or
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(g) to otherwise compulsorily transfer the
officer; or
(h) to impose a fine on the officer under
section 132(1)(c) or 136(1)(c) of an amount
5 exceeding the amount that is 5 times the
value of a penalty unit fixed by the Treasurer
under section 5(3) of the Monetary Units
Act 2004; or
(i) to impose a period of ineligibility in respect
10 of the officer under section 132(1)(d)
or 136(1)(d); or
(j) to terminate the officer's appointment; or
(k) to dismiss the officer under section 70(2)(d),
132(1)(h) or 136(1)(f).
15 Note
The functions of the PRS Board in relation to reviews are
performed by the Review Division.
(3) Subsection (1)(i) does not apply to the compulsory
transfer of--
20 (a) a superintendent, chief superintendent or
commander; or
(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.
25 (4) In this section--
general duties means primary response and
general patrol duties;
police officer includes a person who was a police
officer immediately before his or her
30 dismissal or the termination of his or her
appointment;
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protective services officer includes a person who
was a protective services officer immediately
before his or her dismissal or the termination
of his or her appointment.
5 147 Form and time limits for applying for 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--
10 (a) in the case of a decision to make a directed
transfer--within 3 days after the day on
which the police officer or protective
services officer is notified of the decision; or
(b) in any other case--within 14 days after the
15 day on which the officer is notified of the
decision.
148 Constitution of PRS Board for review
(1) For the purpose of conducting a review of a
decision to terminate the appointment of a police
20 officer or protective services officer or to dismiss
a police officer or protective services officer, the
PRS Board is to be constituted by 3 members of
the Review Division, of whom--
(a) at least one is the President or the Deputy
25 President of the Review Division; and
(b) at least one is a legal practitioner of at least
5 years' standing.
(2) For the purpose of conducting any other review,
the PRS Board is to be constituted by--
30 (a) a member of the Review Division sitting
alone; or
(b) 2 members of the Review Division of whom
at least one is the President or the Deputy
President.
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(3) The President is to determine the constitution of
the PRS Board to conduct a review.
(4) If the PRS Board is constituted as referred to in
subsection (1), any question arising on the review
5 is to be decided according to the opinion of the
majority of the members.
(5) If the PRS Board is constituted as referred to in
subsection (2)(b) and the members are divided in
opinion on any question arising on the review, the
10 question is to be decided according to the opinion
of the President or Deputy President or, if both are
sitting, the President.
149 Special procedure for review of directed transfers
(1) If an application for review of a decision to make
15 a directed transfer is lodged, the Chief
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 156(2) of the lodging of the
20 application.
(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
25 exceptional circumstances, 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 hearing of
30 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
(b) withdraw the application.
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(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 determine
5 the review in the absence of the applicant.
150 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--
10 (a) to transfer a police officer or protective
services officer under section 70(2)(a) or (c);
or
(b) to reduce the rank or seniority of a police
officer or protective services officer under
15 section 70(2)(b) or (c); or
(c) to dismiss a police officer or protective
services officer under section 70(2)(d).
(2) If an application for review is lodged, the Chief
Commissioner must lodge the file relating to the
20 decision with the PRS Board within 2 business
days after the day on which he or she is notified
under section 156(2) of the lodging of the
application.
151 PRS Board must have regard to public interest and
25 interests of applicant
(1) In a review, the PRS Board must have regard to--
(a) the public interest; and
(b) the interests of the applicant for review.
(2) Subsection (1) does not limit the matters to which
30 the PRS Board is otherwise required or permitted
to have regard in a review.
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(3) In this section--
public interest includes the interest of maintaining
the integrity of, and community confidence
in, Victoria Police.
5 152 Powers of PRS Board on review of termination or
dismissal decisions
(1) This section applies to a review of a decision--
(a) to terminate the appointment of a police
officer or protective services officer; or
10 (b) to dismiss a police officer or protective
services officer.
(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.
15 (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 police officer or protective services
20 officer under section 136(1)(f)--
(i) set aside the decision and, in
substitution for it, make any other
decision or determination that the
person who made the decision could
25 have made; or
(ii) set aside the decision and refer the
matter for determination by the Chief
Commissioner in accordance with any
directions or recommendations of the
30 PRS Board; and
(b) in any other case--
(i) set aside the decision and, in
substitution for it, make any other
decision or determination that the
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person who made the decision could
have made; or
(ii) set aside the decision and refer the
matter for determination by the Chief
5 Commissioner in accordance with any
directions or recommendations of the
PRS Board; or
(iii) order the Chief Commissioner to
reinstate the applicant as a police
10 officer or protective services officer; or
(iv) if the PRS Board considers that it
would be impracticable to reinstate the
applicant, order the Chief
Commissioner to pay to the applicant
15 an amount of 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 subsection (3)(b)(iv) to be paid
25 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--
(a) whether the applicant made a reasonable
30 attempt to find alternative employment; and
(b) the remuneration received in any alternative
employment or that would have been
payable if the applicant had succeeded in
obtaining alternative employment.
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153 Powers of PRS Board on review of certain demotion
and transfer decisions
(1) This section applies to a review of--
(a) a decision to reduce the rank or seniority of a
5 police officer or protective services officer
under section 70(2)(b) or (c), 132(1)(e)
or 136(1)(a)(ii); or
(b) a decision to reduce the remuneration of a
police officer or protective services officer
10 under section 132(1)(f) or 136(1)(a)(iii); or
(c) a decision to transfer a police officer or
protective services officer under
section 70(2)(a) or (c); or
(d) a decision to make a directed transfer of a
15 police officer or protective services officer;
or
(e) a decision (other than one specified in
paragraph (a), (b), (c) or (d)) that has the
effect of significantly changing the duties of
20 a police officer or protective services officer.
(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.
(3) If the PRS Board is satisfied that the decision is
25 harsh, unjust or unreasonable, the PRS Board
may--
(a) set aside the decision and, in substitution for
it, make any other decision or determination
that the person who made the decision could
30 have made; or
(b) set aside the decision and refer the matter for
determination by the Chief Commissioner in
accordance with any directions or
recommendations of the PRS Board.
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154 Powers of PRS Board on review of other decisions
(1) This section applies to any review other than a
review to which section 152 or 153 applies.
(2) On the review, the PRS Board may--
5 (a) affirm the decision under review; or
(b) set aside the decision and, in substitution for
it, make any other decision or determination
that the person who made the decision could
have made; or
10 (c) set aside the decision and refer the matter for
determination by the Chief Commissioner in
accordance with any directions or
recommendations of the PRS Board.
Division 3--General provisions for appeals and reviews
15 155 Natural justice
The PRS Board is bound by the rules of natural
justice in all appeals and reviews.
156 General procedure
(1) The PRS Board must conduct all appeals and
20 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.
(2) As soon as practicable after an appeal or an
25 application for review is lodged, the PRS Board
must notify the Chief Commissioner.
(3) Subject to this Act, the PRS Board may regulate
its own procedure on an appeal or a review.
157 Hearings to be public unless otherwise ordered
30 (1) Subject to this section, all hearings of the PRS
Board on an appeal or a review must be held in
public.
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(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 the PRS Board
is satisfied that the holding of the hearing or part
5 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 so in
the public interest, it may make an order
10 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, or with the leave of, the PRS Board.
(4) If an order is made under subsection (3), the PRS
15 Board must cause a copy of the order to be
displayed in a conspicuous place where the
hearing is held.
158 Appearance and representation
(1) On an appeal--
20 (a) the appellant and the person selected for
promotion or transfer may appear; and
(b) the Chief Commissioner may appear, and
may be represented by any person other than
a legal practitioner.
25 (2) On a review, the applicant and the Chief
Commissioner may appear, and may be
represented by any person other than a legal
practitioner.
159 Evidence
30 (1) On an appeal or a review 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.
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(2) On an appeal or a review the PRS Board may
require evidence to be given on oath or
affirmation and, for that purpose, a member of the
PRS Board may administer an oath or affirmation
5 or cause an oath or affirmation to be administered.
160 Witness summons
(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
10 PRS Board to give evidence and produce any
documents that are referred to in 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 the
15 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 apparently at least
20 16 years old and apparently residing or
employed there.
(3) A summons is to be taken to have been served on
a person--
(a) in the case of delivery in person--at the time
25 of delivery; or
(b) in the case of posting--2 business days after
the day on which the document was posted;
or
(c) in the case of fax or email--at the time the
30 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.
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161 Witness summons offences
(1) A person who has been properly served with a
summons under section 160 must not, without
reasonable excuse, refuse or fail to attend as
5 required by the summons until he or she has been
excused or released from attendance by the PRS
Board.
Penalty: 120 penalty units or imprisonment for
1 year or both.
10 (2) A person who has been properly served with a
summons under section 160 must not, without
reasonable excuse, refuse or fail to answer a
question that he or she is required to answer by
the PRS Board.
15 Penalty: 120 penalty units or imprisonment for
1 year or both.
(3) A person who has been properly served with a
summons under section 160 must not, without
reasonable excuse, refuse or fail to produce a
20 document or thing that he or she was required to
produce by the summons.
Penalty: 120 penalty units or imprisonment for
1 year or both.
(4) A person who has been properly served with a
25 summons under section 160 must not, without
reasonable excuse, refuse or fail to take an oath or
make an affirmation when required to do so by the
PRS Board.
Penalty: 120 penalty units or imprisonment for
30 1 year or both.
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162 Contempt of PRS Board
A person must not--
(a) insult a member or officer of the PRS Board
while that member or officer is performing
5 functions as a member or officer on an
appeal or a review; or
(b) insult, harass, intimidate, obstruct or hinder
another person attending a hearing of the
PRS Board on an appeal or a review; or
10 (c) misbehave at or interrupt a hearing of the
PRS Board on an appeal or a review; or
(d) contravene an order made under
section 157(3) that has been displayed in
accordance with section 157(4); or
15 (e) obstruct or hinder another person from
complying with a summons properly served
on that other person under section 160; or
(f) do any other act in relation to an appeal or a
review that would, if the PRS Board were the
20 Supreme Court, constitute contempt of that
Court.
Penalty: 120 penalty units or imprisonment for
1 year or both.
163 Protection of participants
25 (1) A member of the PRS Board has, in the
performance of the functions of member on 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.
30 (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 Supreme Court.
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(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 on an
5 appeal or review has the same protection and
immunity as a witness has in proceedings in the
Supreme Court.
164 Extension of time
(1) On application by any person, the PRS Board, if it
10 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 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,
an appeal or a review.
(2) The PRS Board may--
(a) extend a time limit even if the time has
20 expired before an application for extension is
made; and
(b) impose conditions on the extension of a time
limit.
165 Chief Commissioner to give effect to PRS Board
25 orders and decisions
The Chief Commissioner must give effect to an
order or a decision of the PRS Board on an appeal
or a review.
__________________
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PART 9--COMPLAINTS AND INVESTIGATIONS
Division 1--Preliminary
166 Definitions
In this Part--
5 conduct, in relation to a police officer or
protective services officer, means--
(a) an act or decision or the failure or
refusal by the officer to act or make a
decision in the exercise, performance or
10 discharge, or purported exercise,
performance or discharge, whether
within or outside Victoria, of a power,
function or duty which the officer has
as, or by virtue of being, a police
15 officer or protective services officer; or
(b) conduct which constitutes an offence
punishable by imprisonment; or
(c) conduct which is likely to bring
Victoria Police into disrepute or
20 diminish public confidence in it; or
(d) disgraceful or improper conduct
(whether in the officer's official
capacity or otherwise);
misconduct, in relation to a police officer or
25 protective services officer, means--
(a) conduct which constitutes an offence
punishable by imprisonment; or
(b) conduct which is likely to bring
Victoria Police into disrepute or
30 diminish public confidence in it; or
(c) disgraceful or improper conduct
(whether in the officer's official
capacity or otherwise).
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Division 2--Complaints and investigations
167 Making of complaints
(1) A complaint about the conduct of a police officer
or protective services officer may be made--
5 (a) to another police officer or protective service
officer; or
(b) to the IBAC.
Note
Complaints made to the IBAC are investigated under Part 3
10 of the Independent Broad-based Anti-corruption
Commission Act 2011.
(2) A complaint about the conduct of a police officer
or protective services officer--
(a) may not be made to the IBAC by a police
15 officer or protective services officer except
as set out in subsection (3); and
(b) may be made by a person or a body of
persons, whether corporate or
unincorporated; and
20 (c) may be made by a person on that person's
own behalf or on behalf of another person.
Note
Under Part 3 of the Independent Broad-based Anti-
corruption Commission Act 2011, complaints to the IBAC
25 must be in writing unless the IBAC determines that there are
exceptional circumstances.
(3) A police officer or protective services officer must
make a complaint to a police officer or protective
services officer of a more senior rank to that
30 officer, or to the IBAC, about the conduct of
another police officer or protective services
officer if he or she has reason to believe that the
other officer is guilty of misconduct.
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Note
A complaint made in accordance with subsection (3) is a
protected disclosure under the Protected Disclosure Act
2012--see the definition of protected disclosure in section 3
5 of that Act.
(4) If a police officer or protective services officer is
required to make a complaint under subsection (3)
about the conduct of another police officer or
protective services officer, it is sufficient
10 compliance for the purposes of that subsection if
the officer makes a disclosure in accordance with
Part 2 of the Protected Disclosure Act 2012.
(5) If a complaint is made to a police officer or a
protective services officer by a person who is not
15 a police officer or a protective services officer, the
officer must advise the complainant that the
complainant may make the complaint to the
IBAC.
(6) A person may make a complaint to the IBAC even
20 if the complaint has already been made to a police
officer or protective services officer.
168 Certain complaints to be referred to the Chief
Commissioner
If a police officer or protective services officer
25 makes a complaint to a police officer or protective
services officer of a more senior rank about an
officer other than the Chief Commissioner, the
officer receiving the complaint must refer the
complaint to the Chief Commissioner if that
30 officer considers the complaint may be a
complaint under section 167(3).
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169 Complaints made to a police officer or protective
services officer
(1) The Chief Commissioner must investigate a
complaint made to a police officer or protective
5 services officer about the misconduct of a police
officer or protective services officer unless the
subject-matter of the complaint could constitute a
protected disclosure complaint.
(2) The Chief Commissioner must as soon as
10 practicable after a complaint of misconduct is
made give to the IBAC in writing the prescribed
details of the complaint.
(3) The Chief Commissioner must as soon as
practicable after commencing an investigation into
15 any alleged misconduct by a police officer or
protective services officer give to the IBAC in
writing the prescribed details of the investigation.
170 Investigations by the Chief Commissioner
(1) The Chief Commissioner must as often as
20 requested by the IBAC report in writing to the
IBAC on the progress of an investigation.
(2) The Chief Commissioner may attempt to resolve a
complaint by conciliation and must--
(a) before commencing to conciliate, notify the
25 IBAC of the proposed attempt; and
(b) notify the IBAC of the results of the attempt.
(3) After completing an investigation the Chief
Commissioner must in writing report to the IBAC
on the results of the investigation and the action
30 (if any) taken or proposed to be taken.
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171 Power to require answers etc.
(1) For the purposes of an investigation into a
complaint concerning a possible breach of
discipline, the Chief Commissioner may direct
5 any police officer or protective services officer to
give any relevant information, produce any
relevant document or answer any relevant
question.
(2) A police officer or protective services officer who
10 does not comply with a direction commits a
breach of discipline and is liable to be dealt with
as for a breach of discipline.
(3) Except in proceedings for perjury, for a breach of
discipline or for failure to comply with a direction,
15 or a review under Part 8, any information,
document or answer given in response to a
direction is not admissible in evidence before any
court or person acting judicially.
172 Advice to complainant
20 (1) In the case of a complaint made to a police officer
or protective services officer, the Chief
Commissioner must in writing advise the
complainant of the results of the investigation and
of the action taken or proposed to be taken.
25 Note
See the Independent Broad-based Anti-corruption
Commission Act 2011 for the equivalent provision
applicable in the case of complaints made to the IBAC.
(2) Subsection (1) does not apply if the Chief
30 Commissioner is of the opinion that it would be
contrary to the public interest to advise the
complainant of the results of the investigation or
of the action taken or proposed to be taken.
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Division 3--General
173 Prohibition of victimisation
(1) A person must not take detrimental action, or
cause, incite or permit detrimental action to be
5 taken, against a member of Victoria Police
personnel--
(a) because the member has made a complaint
under section 167 about the conduct of a
police officer or protective services officer;
10 or
(b) because the member has given information
or evidence to the Chief Commissioner or
Director in the course of an investigation or
further investigation under this Part or Part 3
15 of the Independent Broad-based Anti-
corruption Commission Act 2011; or
(c) because the person believes that the member
has made, or intends to make, a complaint
referred to in paragraph (a) or has given, or
20 intends to give, information or evidence
referred to in paragraph (b).
Penalty: 120 penalty units or imprisonment for
1 year or both.
(2) In determining whether a person takes detrimental
25 action against a member of Victoria Police
personnel it is irrelevant--
(a) whether or not a factor in subsection (1) is
the only or dominant reason for the action; or
(b) whether the person acts alone or in
30 association with any other person.
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(3) A person does not commit an offence against
subsection (1) in relation to a complaint if--
(a) the person presents or points to evidence that
suggests a reasonable possibility that the
5 complaint was made frivolously, vexatiously
or in bad faith; and
(b) the contrary is not proved (beyond
reasonable doubt) by the prosecution.
(4) In this section--
10 detrimental action means action causing,
comprising or involving any of the
following--
(a) injury, damage or loss;
(b) intimidation or harassment;
15 (c) ostracism;
(d) discrimination, disadvantage or adverse
treatment in relation to employment;
(e) dismissal from, or prejudice in,
employment;
20 (f) disciplinary proceedings.
174 Other offences
(1) A person must not, without reasonable excuse,
hinder or obstruct a person who is performing a
function or exercising a power under this Part.
25 Penalty: 120 penalty units or imprisonment for
1 year or both.
Note
See also section 72 of the Criminal Procedure Act 2009,
which deals with the evidential burden of proof.
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(2) A person must not, without reasonable excuse,
refuse or fail to comply with a direction or
requirement made of the person in the exercise of
a power by another person under this Part.
5 Penalty: 120 penalty units or imprisonment for
1 year or both.
Note
See also section 72 of the Criminal Procedure Act 2009,
which deals with the evidential burden of proof.
10 (3) A person must not wilfully make a statement that
the person knows to be false or misleading in a
material particular or mislead or attempt to
mislead another person in the exercise of that
other person's powers under this Part.
15 Penalty: 120 penalty units or imprisonment for
1 year or both.
__________________
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Part 10--Investigation of Protected Disclosure Complaints
s. 175
PART 10--INVESTIGATION OF PROTECTED DISCLOSURE
COMPLAINTS
Division 1--Investigations
175 Duty to investigate
5 The Chief Commissioner must investigate, in
accordance with this Part, every protected
disclosure complaint that the IBAC has referred to
the Chief Commissioner under Division 4 of
Part 3 of the Independent Broad-based Anti-
10 corruption Commission Act 2011.
176 Power to require answers etc. of specified members
of police personnel in certain investigations
(1) For the purposes of an investigation of a protected
disclosure complaint relating to a police officer or
15 protective services officer, the Chief
Commissioner may direct any police officer or
protective services officer to--
(a) give the Chief Commissioner any relevant
information; or
20 (b) produce any relevant document to the Chief
Commissioner; or
(c) answer any relevant question.
Note
Failure to comply with a direction of the Chief
25 Commissioner under this subsection is a breach of
discipline. See section 125.
(2) Before directing a police officer or protective
services officer under subsection (1), the Chief
Commissioner must--
30 (a) advise the officer that additional obligations
under the Protected Disclosure Act 2012
relating to confidentiality may apply to the
officer; and
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(b) inform the officer of the nature of those
obligations.
(3) Any information, document or answer given or
produced in accordance with a direction under
5 subsection (1) is not admissible in evidence before
any court or person acting judicially, except in
proceedings for--
(a) perjury or giving false information; or
(b) a breach of discipline by a police officer or
10 protective services officer; or
(c) a failure to comply with a direction of the
Chief Commissioner.
(4) To avoid doubt, nothing in this section authorises
the giving of a direction to the Chief
15 Commissioner.
177 Person who made disclosure may request
information about investigation
(1) During an investigation under this Part, the person
who made the protected disclosure complaint may
20 request information about that investigation from
the Chief Commissioner.
(2) Subject to section 182, on receiving a request
under subsection (1), the Chief Commissioner
may give the person the requested information.
25 Division 2--Action on investigation
178 Chief Commissioner must take action
(1) If, on completing an investigation under this Part,
the Chief Commissioner finds that the conduct
that was the subject of the investigation has
30 occurred, the Chief Commissioner--
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(a) must take all reasonable steps to prevent the
conduct from continuing or occurring in the
future; and
(b) may take action to remedy any harm or loss
5 arising from the conduct.
(2) The steps to be taken under subsection (1)(a) may
include the bringing of disciplinary proceedings
against the person responsible for the conduct that
was the subject of the investigation.
10 179 Chief Commissioner must report to the IBAC and
may give Premier and Minister information
(1) Subject to this section, on completing an
investigation under this Part, the Chief
Commissioner--
15 (a) must report to the IBAC, in writing--
(i) the findings of the investigation; and
(ii) the steps (if any) taken or proposed to
be taken under section 178(1)(a); and
(b) may, if he or she considers it necessary to do
20 so, give the Premier or the Minister
information, in writing, about a matter
relating to or arising out of the investigation.
(2) The Chief Commissioner must not give the
Premier or the Minister information under
25 subsection (1)(b)--
(a) that the Chief Commissioner considers
would cause unreasonable damage to a
person's reputation; or
(b) that is likely to lead to the identification of a
30 person who has made an assessable
disclosure.
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(3) However, the Chief Commissioner may give the
Premier or the Minister information under
subsection (1)(b) that is information to which
section 53(2)(a), (c) or (d) of the Protected
5 Disclosure Act 2012 applies.
(4) The Chief Commissioner must notify the IBAC,
in writing, of any information given to the Premier
or the Minister under subsection (1)(b).
180 Premier and Minister may disclose information for
10 purpose of obtaining advice
The Premier or Minister may disclose any
information given to him or her under section
179(1)(b) for the purpose of obtaining advice on
the matter or matters to which the information
15 relates.
181 Chief Commissioner must inform person who made
disclosure of outcome of investigation
Subject to section 182, on completing an
investigation under this Part, the Chief
20 Commissioner must inform the person who made
the protected disclosure complaint of the outcome
of the investigation.
182 Chief Commissioner must not disclose information
in certain cases
25 The Chief Commissioner must not disclose any
information under section 177 or 181 if the Chief
Commissioner considers that disclosure of the
information would--
(a) not be in the public interest or in the interests
30 of justice; or
(b) put a person's safety at risk; or
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(c) cause unreasonable damage to a person's
reputation; or
(d) prejudice--
(i) an investigation under this Part; or
5 (ii) an investigation under the Independent
Broad-based Anti-corruption
Commission Act 2011; or
(iii) an investigation by Victoria Police; or
(e) be likely to lead to the disclosure of any
10 secret investigative method used by the
Chief Commissioner or other members of
Victoria Police personnel; or
(f) otherwise contravene any applicable
statutory secrecy obligations; or
15 (g) involve the unreasonable disclosure of
information relating to the personal affairs of
any person.
Division 3--Disclosure of information
183 Definitions
20 (1) In this Division--
applicable law means--
(a) the Protected Disclosure Act 2012; or
(b) a provision of another Act that confers
a function or power or imposes a duty
25 on the Chief Commissioner in relation
to a protected disclosure complaint;
Australian legal practitioner has the same
meaning as it has in the Legal Profession
Act 2004;
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investigating entity means--
(a) the IBAC; or
(b) the Ombudsman; or
(c) the Victorian Inspectorate;
5 investigation request means a request from the
Chief Commissioner for a person to give any
information, produce any document or thing,
answer any question, or otherwise participate
in an investigation under this Part;
10 law enforcement agency has the meaning given in
section 3(1) of the Independent Broad-
based Anti-corruption Commission Act
2011 but does not include the Chief
Commissioner;
15 prosecutorial body has the same meaning as in the
Independent Broad-based Anti-corruption
Commission Act 2011;
restricted matter means--
(a) any information given to the Chief
20 Commissioner under a direction under
section 176 or in response to an
investigation request; or
(b) the contents of any document, or a
description of any thing, produced to
25 the Chief Commissioner under a
direction under section 176 or in
response to an investigation request; or
(c) the existence of, or any information
about, a direction under section 176 or
30 an investigation request; or
(d) the subject matter of a protected
disclosure complaint being investigated
under this Part; or
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(e) any information that could enable any
of the following persons to be identified
or located--
(i) a person who has been, or is
5 proposed to be, interviewed by, or
has produced, or may produce,
any document or thing to, the
Chief Commissioner under this
Part; or
10 (ii) a person who has otherwise
participated, or will participate, in
an investigation under this Part; or
(f) the fact that a person--
(i) has been, or is proposed to be,
15 interviewed by, or has produced,
or may produce, any document or
thing to, the Chief Commissioner
under this Part; or
(ii) has otherwise participated, or will
20 participate, in an investigation
under this Part.
(2) For the purposes of this Division, a reference to
the Chief Commissioner in the definition of
restricted matter is to be read as including a
25 reference to a member of Victoria Police
personnel acting on behalf of the Chief
Commissioner under this Part.
184 Disclosure of information by the Chief
Commissioner and other police personnel
30 (1) A person who--
(a) is or was a member of Victoria Police
personnel; and
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(b) acquires or acquired information by reason
of, or in the course of, the performance of
duties or functions or the exercise of powers
under this Part--
5 must not directly or indirectly disclose that
information.
Penalty: 120 penalty units or imprisonment for
1 year or both.
Note
10 The person may be subject to further confidentiality
obligations under Part 7 of the Protected Disclosure Act
2012.
(2) Subsection (1) does not apply to a disclosure of
information--
15 (a) made for the purpose of performing duties or
functions or exercising powers under this
Part or an applicable law; or
(b) that is otherwise authorised or required to be
made by or under this Part or an applicable
20 law; or
(c) made for the purposes of--
(i) proceedings for an offence against this
Part or the Protected Disclosure Act
2012; or
25 (ii) a disciplinary process or action
instituted in respect of conduct that
could also constitute an offence against
this Part or the Protected Disclosure
Act 2012; or
30 (iii) proceedings for an offence or a
disciplinary process or action instituted
as a result of an investigation under this
Part; or
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(d) made by--
(i) the Chief Commissioner in the
circumstances provided under
subsection (3); or
5 (ii) a member of Victoria Police personnel
under the authority of the Chief
Commissioner in the circumstances
provided under subsection (3).
(3) Subject to subsection (4), if the Chief
10 Commissioner considers it appropriate, he or she
may disclose or authorise the disclosure of any
information acquired by a member of Victoria
Police personnel by reason of, or in the course of,
the performance of duties or functions or the
15 exercise of powers under this Part to--
(a) an investigating entity; or
(b) a law enforcement agency; or
(c) a prosecutorial body.
(4) The Chief Commissioner may only disclose or
20 authorise a disclosure of information under
subsection (3) if he or she considers that the
information is relevant to the performance of a
duty or function or the exercise of a power by the
investigating entity, law enforcement agency or
25 prosecutorial body to which the information is
proposed to be disclosed.
(5) Subsection (3) applies subject to any restriction on
the provision or disclosure of information under
this Act or any other Act (including any Act of the
30 Commonwealth).
(6) Nothing in this section affects the operation of
section 176.
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185 Disclosure of restricted matter prohibited
(1) A person must not disclose a restricted matter.
Penalty: 120 penalty units or imprisonment for
1 year or both.
5 Note
See also Part 7 of the Protected Disclosure Act 2012 which
imposes additional obligations in relation to confidentiality.
(2) Subsection (1) does not apply to the disclosure of
a restricted matter--
10 (a) by the person in accordance with an
authorisation under section 186; or
(b) for the purpose of obtaining legal advice or
representation in relation to--
(i) a direction given to the person under
15 section 176; or
(ii) an investigation request made to the
person; or
(iii) the rights, liabilities, obligations and
privileges of the person under this Part
20 or the Protected Disclosure Act 2012;
or
(c) by an Australian legal practitioner to whom a
restricted matter has been disclosed in the
circumstances specified in paragraph (b), for
25 the purpose of complying with a legal duty
of disclosure or a professional obligation
arising from his or her professional
relationship with his or her client; or
(d) by the person to his or her spouse or
30 domestic partner if the restricted matter
disclosed is the fact that the person--
(i) has been, or is proposed to be,
interviewed by, or has produced, or
may produce, any document or thing to,
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the Chief Commissioner under this
Part; or
(ii) has otherwise participated, or will
participate, in an investigation under
5 this Part; or
(e) by the person to his or her employer or
manager or both in the circumstances
specified under subsection (3); or
(f) to the IBAC for the purpose of making a
10 complaint under the Independent Broad-
based Anti-corruption Commission Act
2011 about the conduct of a member of
Victoria Police personnel in the course of the
person's performance of duties or functions
15 or exercise of powers under this Part or an
applicable law; or
(g) to an interpreter, for the purpose of enabling
a person who does not have a sufficient
knowledge of the English language to
20 comply with this Part; or
(h) to a parent or guardian of a person or to an
independent person, for the purpose of
enabling a person who is under the age of
18 years to comply with this Part; or
25 (i) to an independent person, for the purpose of
enabling a person who is illiterate or has a
mental or physical impairment that prevents
the person from understanding an obligation
imposed under this Part to comply with this
30 Part; or
(j) that is otherwise authorised or required by or
under--
(i) this Part; or
(ii) the Protected Disclosure Act 2012; or
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(iii) the Independent Broad-based Anti-
corruption Commission Act 2011; or
(iv) the Victorian Inspectorate Act 2011;
or
5 (v) the Ombudsman Act 1973.
(3) For the purposes of subsection (2)(e), the
specified circumstances are--
(a) the restricted matter is the fact that the
person--
10 (i) has been, or is proposed to be,
interviewed by, or has produced, or
may produce, any document or thing to,
the Chief Commissioner under this
Part; or
15 (ii) has otherwise participated, or will
participate, in an investigation under
this Part; and
(b) the disclosure is for the purpose of enabling
the person to take the appropriate leave from
20 his or her employment in order to--
(i) be interviewed by, or produce any
document or thing to, the Chief
Commissioner under this Part; or
(ii) otherwise participate in an investigation
25 under this Part.
(4) Nothing in this section affects the operation of
section 176.
186 Chief Commissioner may authorise disclosure of
restricted matter
30 (1) Subject to this section, the Chief Commissioner
may authorise a person to disclose a restricted
matter to a person specified in the authorisation.
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(2) The Chief Commissioner must not authorise a
person to disclose a restricted matter under
subsection (1) if--
(a) the Chief Commissioner considers that the
5 disclosure of the restricted matter would be
likely to prejudice--
(i) an investigation under this Part; or
(ii) the safety or reputation of any person;
or
10 (iii) the fair trial of a person who has been
charged with an offence; or
(b) the restricted matter is or contains
information that is likely to lead to the
identification of a person who has made an
15 assessable disclosure.
(3) However, the Chief Commissioner may authorise
a person to disclose a restricted matter under
subsection (1) that is or contains information to
which section 53(2)(a), (c) or (d) of the Protected
20 Disclosure Act 2012 applies.
(4) An authorisation under subsection (1) must be in
writing.
Division 4--Investigation procedures
187 Chief Commissioner must establish investigation
25 procedures
(1) The Chief Commissioner must establish
procedures for or with respect to the investigation
of protected disclosure complaints under this Part.
(2) Without limiting subsection (1), the procedures
30 referred to in that subsection must provide for the
following--
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(a) information about who may perform a duty
or function or exercise a power of the Chief
Commissioner under this Part or an
applicable law and how they may be
5 authorised to do so; and
(b) how investigations under this Part will be
conducted, including explaining--
(i) how procedural fairness will be
accorded under Divisions 2 and 3; and
10 (ii) how arrangements for legal
representation and other support and
assistance for witnesses will be
managed.
(3) The procedures referred to in subsection (1) must
15 be consistent with--
(a) the Protected Disclosure Act 2012; and
(b) the guidelines in force for the time being
under section 57 of that Act.
(4) The Chief Commissioner must ensure that the
20 procedures referred to in subsection (1) are readily
available to the public and to each member of
Victoria Police personnel.
188 IBAC may review investigation procedures
(1) The IBAC may review the procedures established
25 under section 187, or the implementation of those
procedures, at any time to ensure that the
procedures are, or their implementation is,
consistent with--
(a) the Protected Disclosure Act 2012; and
30 (b) the guidelines in force for the time being
under section 57 of that Act.
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(2) The IBAC may make any recommendation to the
Chief Commissioner relating to the procedures or
the implementation of the procedures that the
IBAC thinks fit arising from a review under this
5 section.
189 Chief Commissioner must adopt recommendation
or give the IBAC reasons for not doing so
(1) On receiving a recommendation under section
188(2), the Chief Commissioner must--
10 (a) adopt the recommendation; or
(b) report to the IBAC, in writing, stating his or
her reasons for not adopting the
recommendation.
(2) The IBAC may send a copy of a recommendation
15 under section188(2) to the relevant Minister if--
(a) it appears to the IBAC that insufficient steps
have been taken by the Chief Commissioner
to adopt a recommendation under
subsection (1)(a) within a reasonable time
20 after the making of the recommendation; or
(b) the IBAC is not satisfied with any of the
reasons given by the Chief Commissioner
under subsection (1)(b).
Division 5--Other matters
25 190 Chief Commissioner may request the IBAC to
withdraw protected disclosure complaint
The Chief Commissioner may request the IBAC
to withdraw the referral of a protected disclosure
complaint under section 79 of the Independent
30 Broad-based Anti-corruption Commission Act
2011--
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(a) if he or she considers that the investigation
of the protected disclosure complaint under
this Part is being obstructed; or
(b) for any other reason.
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Part 11--Special Constables
s. 191
PART 11--SPECIAL CONSTABLES
Division 1--Appointment of special constables generally
191 Appointment of special constables
(1) The Chief Commissioner may appoint special
5 constables in accordance with this Part and the
regulations.
(2) A special constable must be a person who is an
officer or member of the police force of another
jurisdiction.
10 (3) The Chief Commissioner may appoint as special
constables--
(a) named persons; or
(b) persons identified by reference to a particular
work location; or
15 (c) persons identified by reference to a particular
operational unit or work group; or
(d) persons by reference to any other identifiable
designation.
Example
20 The Chief Commissioner could appoint as special
constables--
(a) A.B. and C.D. of the police force of New South
Wales; or
(b) all members of the police force of New South Wales
25 who are for the time being stationed at the Albury
Police Station; or
(c) all members of the police force of South Australia
who are for the time being in the South Australian
Police Star Group.
30 (4) The appointment of one or more special
constables must be in writing.
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192 Oath of office
(1) A person is not capable of acting in the office of
special constable until he or she has taken and
subscribed an oath of office or made and
5 subscribed an affirmation of office.
Note
See section 199 for an exception to this requirement in the
case of incidents requiring urgent cross-border assistance.
(2) The oath or affirmation must be in Form 3 in
10 Schedule 2.
(3) The oath or affirmation may be administered--
(a) in Victoria by the Chief Commissioner, a
Deputy Commissioner, an Assistant
Commissioner or a magistrate; or
15 (b) in the jurisdiction in which the special
constable is permanently appointed by a
person who is authorised under the law of
that jurisdiction to administer an oath or
affirmation of appointment to an officer or
20 member of the police force of that
jurisdiction.
(4) If the oath or affirmation is administered in
Victoria by a person other than the Chief
Commissioner, the person must forward a copy of
25 the oath or affirmation as subscribed by the
special constable to the Chief Commissioner
within 14 days.
(5) If the oath or affirmation is administered outside
Victoria, the person who administers it must
30 forward to the Chief Commissioner, within
14 days--
(a) a copy of the oath or affirmation as
subscribed by the special constable; and
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(b) a written statement, signed by the person, of
the person's name and authority to administer
the oath or affirmation.
(6) Failure to comply with subsection (4) or (5) does
5 not invalidate the appointment of a special
constable.
193 Status and powers of special constable
(1) Subject to this section, for the purposes of this or
any other Act or any subordinate instrument a
10 special constable is taken to be a police officer.
(2) Without limiting subsection (1), a special
constable has--
(a) the duties and powers of a constable at
common law; and
15 (b) any duties and powers imposed or conferred
on a police officer by or under this or any
other Act or by or under any subordinate
instrument.
Note
20 As police officers, special constables are not required to
produce proof of their appointment (see section 53).
(3) The following provisions of this Act do not apply
in relation to a special constable--
(a) section 7 (Who constitutes Victoria Police?);
25 (b) Part 3 (Victoria Police Personnel) other than
section 19 (Delegation by Chief
Commissioner);
(c) Division 1 of Part 4 (Oath of office);
(d) section 63 (Training courses);
30 (e) section 64 (Long service leave);
(f) section 65 (Resignation and retirement);
(g) section 67 (Ill-health retirement);
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(h) Division 6 of Part 4 (Incapacity for duty);
(i) Part 6 (Police Registration);
(j) Part 7 (Discipline) other than section 125
(Breaches of discipline);
5 (k) Part 8 (Appeals and Reviews);
(l) regulations made under item 2.1, 2.3, 2.4
or 2.5 of Schedule 5.
(4) A special constable is not entitled to receive any
remuneration or allowances from Victoria Police
10 unless he or she is acting as an agent of the police
force to which he or she is permanently appointed.
194 Termination of appointment
(1) The Chief Commissioner may, orally or in
writing, terminate the appointment of a special
15 constable at any time.
Note
Section 55 provides that all powers and authorities of a
police officer cease when he or she ceases to be an officer
and section 254 requires the officer to hand back his or her
20 Victoria Police identification and equipment.
(2) The power of termination under subsection (1)
may be exercised in respect of--
(a) named special constables; or
(b) special constables identified by reference to
25 a particular work location; or
(c) special constables identified by reference to
a particular operational unit or work group;
or
(d) special constables by reference to any other
30 identifiable designation.
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(3) If the Chief Commissioner terminates the
appointment of a special constable orally, the
Chief Commissioner must, within 14 days, send
written confirmation of the termination to--
5 (a) the chief officer of the police force to which
the special constable is permanently
appointed; and
(b) if the special constable is terminated by
name--the person whose appointment has
10 been terminated.
(4) Failure to comply with subsection (3) does not
invalidate the termination of appointment.
(5) All powers of a special constable as a police
officer immediately cease when he or she ceases
15 to be a special constable.
195 Discipline
(1) If the Chief Commissioner reasonably believes
that a special constable may have committed a
breach of discipline, the Chief Commissioner may
20 conduct or cause to be conducted an investigation
of the matter.
(2) If the Chief Commissioner reasonably believes
that a special constable has committed an offence
punishable by imprisonment, the Chief
25 Commissioner may conduct or cause to be
conducted an investigation of the matter under the
criminal law.
(3) At any time during or after an investigation under
subsection (1) or (2), the Chief Commissioner
30 may forward details or the results of the
investigation to the chief officer of the police
force to which the special constable is
permanently appointed.
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(4) If a special constable has been charged under the
criminal law with an offence punishable by
imprisonment, the Chief Commissioner may
forward details or the results of the charge to the
5 chief officer of the police force to which the
special constable is permanently appointed.
(5) This section applies whether or not the Chief
Commissioner has terminated the appointment of
the special constable.
10 Division 2--Incidents requiring urgent cross-border
assistance
196 Declaration of incident
(1) The Chief Commissioner or a Deputy
Commissioner may, orally or in writing, declare
15 an incident to be an incident requiring urgent
cross-border assistance for the purposes of this
Act.
(2) In determining whether to make a declaration, the
Chief Commissioner or Deputy Commissioner
20 must have regard to--
(a) the nature, urgency and seriousness of the
incident; and
(b) the adequacy of the resources and
capabilities of Victoria Police to deal with
25 the incident without the assistance of other
jurisdictions; and
(c) the expertise and assistance that could be
expected to be provided by other
jurisdictions.
30 (3) A person who has made a declaration under this
section must forward a copy of the declaration, or
written confirmation of the declaration, to the
Minister as soon as practicable, and in any event
within 14 days, after making the declaration.
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(4) If a Deputy Commissioner makes a declaration
under this section, he or she must forward a copy
of the declaration, or written confirmation of the
declaration, to the Chief Commissioner as soon as
5 practicable.
(5) Failure to comply with subsection (3) or (4) does
not invalidate the declaration.
197 Period of declaration
(1) A declaration made under section 196 remains in
10 force for the period (not exceeding 14 days
inclusive of the day of making) specified in the
declaration.
(2) A declaration may be extended once only, for a
maximum period of 14 days inclusive of the day
15 of making, if the extension is made while the
declaration is still in force.
(3) Section 196 applies to the making of an extension
of a declaration in the same way as it applies to
the making of a declaration.
20 198 Appointment of special constables during declared
incident
(1) During the period in which a declaration under
this Division is in force, special constables may be
appointed under section 191 orally or in writing.
25 (2) If any special constables are appointed during the
period in which a declaration under this Division
is in force, the person who appointed them must,
as soon as practicable after the end of that
period--
30 (a) forward written confirmation of the
appointment to the Minister, specifying--
(i) the name of each person appointed; and
(ii) the police force to which each such
person is permanently appointed; and
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(iii) the rank of each such person in that
police force; and
(b) forward written confirmation of the
appointment to each person appointed that he
5 or she was appointed as a special constable
and specifying the period of the appointment.
(3) Subsection (2) applies whether a special constable
was appointed individually or by reference to a
work location, operational unit, work group or
10 other designation.
(4) Failure to comply with subsection (2) does not
invalidate the appointment of a special constable.
199 Oath or affirmation
(1) Despite section 192(1), it is not necessary for a
15 special constable appointed during the period in
which a declaration under this Division is in force
to take an oath or make an affirmation before
acting in the office of special constable.
(2) However, a special constable appointed during the
20 period in which a declaration under this Division
is in force must take and subscribe an oath or
make and subscribe an affirmation in accordance
with section 192 as soon as practicable after his or
her appointment.
25 200 Termination of appointment
Unless terminated earlier under section 194, a
special constable who is appointed during the
period in which a declaration under this Division
is in force ceases to be a special constable at the
30 end of that period.
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Part 12--Police Registration and Services Board
s. 201
PART 12--POLICE REGISTRATION AND SERVICES
BOARD
Division 1--Establishment and functions
201 Establishment of PRS Board
5 (1) There continues to be a Police Registration and
Services Board.
(2) The PRS Board--
(a) is a body corporate with perpetual
succession; and
10 (b) must have a common seal; and
(c) may sue and be sued; and
(d) may acquire, hold or dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
15 body corporate may by law do and suffer.
(3) The common seal of the PRS Board must be 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
20 common seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
(5) The PRS Board is the same body as that
established by section 87 of the Police Regulation
25 Act 1958 as in force immediately before the
commencement of section 278 of this Act.
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202 Functions of the PRS Board
(1) The PRS Board has the following functions--
(a) registration functions, being--
(i) to keep the Police Profession Register;
5 (ii) to register persons on the Police
Profession Register;
(iii) to advise the Chief Commissioner on
proposed appointments to Victoria
Police;
10 (b) professional standards functions, being--
(i) to advise the Chief Commissioner
about competency standards, practice
standards, educational courses and
supervised training arrangements for
15 police officers, protective services
officers and police reservists;
(ii) to support and promote the continuing
education and professional
development of police officers,
20 protective services officers and police
reservists;
(c) review functions, being--
(i) to hear and determine appeals under
this Act;
25 (ii) to conduct reviews under this Act;
(d) general functions, being--
(i) to advise the Minister and the Chief
Commissioner about any matters
related to its functions;
30 (ii) to inquire into and report on any matter
referred to the PRS Board by the Chief
Commissioner or the Minister;
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(iii) any other functions conferred on it by
or under this or any other Act.
(2) In performing its registration functions and
professional standards functions, the PRS Board
5 must have regard to the advice of the Chief
Commissioner.
203 Divisions of the PRS Board
The following Divisions of the PRS Board are
established for the purposes of performing the
10 PRS Board's registration functions, professional
standards functions and review functions--
(a) the Registration Division, which is to
perform the PRS Board's registration
functions;
15 (b) the Professional Standards Division, which is
to perform the PRS Board's professional
standards functions;
(c) the Review Division, which is to perform the
PRS Board's review functions.
20 Note
The PRS Board's registration functions are set out in
section 202(1)(a), its professional standards functions
are set out in section 202(1)(b) and its review
functions are set out in section 202(1)(c).
25 204 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 any other Act.
Division 2--Membership
30 205 Membership of the PRS Board
(1) The PRS Board consists of the following
members, appointed by the Governor in Council
on the recommendation of the Minister--
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(a) a President; and
(b) 3 Deputy Presidents, of whom--
(i) one must be a police officer or a former
police officer; and
5 (ii) one must have experience as a member
of the academic staff of a tertiary
institution; and
(iii) one must be--
(A) a former police officer; or
10 (B) a legal practitioner of at least
5 years standing; and
(c) 3 police officers nominated by a professional
association that represents police officers;
and
15 (d) 2 police officers nominated by the Chief
Commissioner; and
(e) as many other members as are required for
the proper functioning of the PRS Board.
(2) The Minister must not recommend a person for
20 appointment to the PRS Board unless the Minister
is satisfied that the person is capable of
performing the duties of a member of the PRS
Board.
(3) A member of the PRS Board holds office, subject
25 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
reappointment.
(4) The Public Administration Act 2004 (other than
30 Part 3 of that Act) applies to a member of the PRS
Board in respect of the office of member.
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206 Membership of Registration Division
The Registration Division of the PRS Board
consists of--
(a) the President of the PRS Board; and
5 (b) the Deputy President appointed under
section 205(1)(b)(i); and
(c) the members appointed under
section 205(1)(c); and
(d) the members appointed under
10 section 205(1)(d); and
(e) a member of the PRS Board who is a
member of the academic staff of a tertiary
institution; and
(f) a member of the PRS Board who is a legal
15 practitioner of at least 5 years standing.
207 Membership of Professional Standards Division
The Professional Standards Division of the PRS
Board consists of--
(a) the President of the PRS Board; and
20 (b) the Deputy President appointed under
section 205(1)(b)(ii); and
(c) as many other members as are required for
the proper functioning of the Division, each
of whom must be--
25 (i) a member of the academic staff of a
tertiary institution; or
(ii) a legal practitioner of at least 5 years
standing; or
(iii) a police officer or former police officer.
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208 Membership of Review Division
The Review Division of the PRS Board consists
of--
(a) the President of the PRS Board; and
5 (b) the Deputy President appointed under
section 205(1)(b)(iii); and
(c) as many other members as are required for
the proper functioning of the Division, none
of whom may be a police officer but at least
10 one of whom must be--
(i) a legal practitioner of at least 5 years
standing; or
(ii) a former police officer.
209 Allocation of members to Divisions of PRS Board
15 The President allocates members of the PRS
Board to Divisions of the Board in accordance
with sections 206, 207 and 208, and may allocate
a member to more than one Division.
210 Remuneration
20 A member of the PRS Board is entitled to be paid
the remuneration and allowances (if any) fixed
from time to time by the Governor in Council.
211 Accountability of the President
The President of the PRS Board is accountable to
25 the Minister for the performance of the functions
of the PRS Board.
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212 Vacancies, resignation and removal from office
(1) The office of a member of the PRS Board
becomes vacant if he or she--
(a) becomes an insolvent under administration;
5 or
(b) is convicted of an offence punishable by
imprisonment or an offence that, if
committed in Victoria, would be punishable
by imprisonment; or
10 (c) resigns from office by delivering a signed
letter of resignation to the Governor in
Council; or
(d) is removed from office under subsection (2).
(2) The Governor in Council, on the recommendation
15 of the Minister, may remove a member from
office if--
(a) the member becomes incapable of
performing his or her duties; or
(b) the member is negligent in the performance
20 of those duties; or
(c) the member engages in improper conduct; or
(d) the member is absent, without leave first
being granted by the President, from 3
consecutive meetings of which reasonable
25 notice has been given to the member; or
(e) for any other reason, the Minister is satisfied
that the member is unfit to hold office.
213 Acting President, Deputy Presidents and other
members
30 (1) The Governor in Council may appoint a Deputy
President of the PRS Board to act as President of
the PRS Board--
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(a) during a vacancy in the office of President;
or
(b) if the President is absent or, for any other
reason, is unable to perform the duties of
5 office.
(2) The Governor in Council may appoint a person to
act as a Deputy President of the PRS Board--
(a) during a vacancy in the office of a Deputy
President; or
10 (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--
(a) determine the terms and conditions of
15 appointment of an acting President or
Deputy President; and
(b) at any time terminate the appointment of an
acting President or Deputy President.
(4) The Minister may appoint a person to act as a
20 member of the PRS Board (other than as President
or Deputy President)--
(a) during a vacancy in the office of a member
of the PRS Board; or
(b) if a member is absent or, for any other
25 reason, is unable to perform the member's
duties.
(5) The Minister may--
(a) determine the terms and conditions of
appointment of an acting member (other than
30 an acting President or Deputy President); and
(b) at any time terminate the appointment of an
acting member (other than an acting
President or Deputy President).
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Division 3--General provisions for the PRS Board
214 Meetings of the PRS Board
(1) Meetings of the PRS Board must be held at least
every 3 months and at any other time at the
5 request of a Deputy President.
(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 is
10 25% of the members for the time being of the PRS
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 members present and
15 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
20 meetings.
(6) Subject to this Act, the PRS Board may regulate
its own procedure.
215 Effect of vacancy or defect
An act or decision of the PRS Board is not invalid
25 only because of--
(a) a vacancy in its membership; or
(b) a defect or irregularity in the appointment of
any of its members.
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216 Immunity
(1) A PRS Board officer is not personally liable for
anything done or omitted to be done in good
faith--
5 (a) in the performance of a function under this
Act; or
(b) in the reasonable belief that the act or
omission was in the performance of a
function under this Act.
10 (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.
(3) This section does not apply to the performance of
a review function.
15 Note
See section 163(1) for protection of members performing
review functions.
217 Staffing
(1) Any employees that are necessary for the purposes
20 of the functions of the PRS Board under this Act
or any other Act may be employed under Part 3 of
the Public Administration Act 2004.
(2) The PRS Board may enter into agreements or
arrangements for the use of the services of any
25 staff of a government department, statutory
authority or other public body.
218 Confidentiality
(1) A PRS Board officer must not, directly or
indirectly, make a record of or disclose to
30 someone else, any information acquired by the
officer in the performance of functions under this
Act, except as provided under this section.
Penalty: 60 penalty units.
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(2) A PRS Board officer may make a record of or
disclose information if--
(a) the record or disclosure is necessary for the
officer to perform his or her functions under
5 this Act; or
(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 Board under this
10 Act; or
(c) the officer is required to do so under the
Independent Broad-based Anti-corruption
Commission Act 2011 or any other law; or
(d) the information relates to a person and the
15 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
20 operations under the Financial
Management Act 1994 and the information
does not identify a person or their personal
affairs.
219 Delegation
25 (1) The PRS Board, by instrument, may delegate to a
person specified in subsection (2) any function or
power of the PRS Board under this Act, other
than--
(a) the power under sections 104(2) and 108(2)
30 to approve forms; or
(b) the power under section 111 to suspend a
person's registration; or
(c) the power under section 115 to cancel a
person's registration; or
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(d) any power or function under Part 8; or
(e) this power of delegation.
(2) The following persons are specified for the
purposes of subsection (1)--
5 (a) a member of the PRS Board;
(b) an employee or a member of the staff of a
government department, statutory authority
or other public body referred to in
section 217.
10 Division 4--Checks and investigations by the PRS Board
220 Checks and investigations for registration and
provision of advice
The powers in this Division may be exercised by
the PRS Board for the purposes of--
15 (a) determining whether to register an applicant
under section 105 or renew registration
under section 109; or
(b) providing advice to the Chief Commissioner
under section 29 or 30 in respect of a
20 proposed appointment to Victoria Police.
221 Criminal record and other checks
For the purposes set out in section 220, the PRS
Board may require an applicant or proposed
appointee to do any of the following--
25 (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;
(b) submit to any tests required by the PRS
Board;
30 (c) provide the PRS Board with any references
or reports;
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(d) provide the PRS Board with satisfactory
evidence of previous service as a police
officer or as an officer or member of the
police force of another jurisdiction;
5 (e) provide written consent for the PRS Board to
obtain information about the applicant's or
proposed appointee's previous service with
Victoria Police or the police force of another
jurisdiction.
10 222 Investigations and further information
(1) For the purposes set out in section 220, the PRS
Board may--
(a) conduct any investigations and make any
enquiries it considers necessary; and
15 (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 notice is given to the
20 applicant or proposed appointee) to--
(i) answer any questions; and
(ii) produce any documents specified in the
notice; and
(iii) provide any other information required
25 by the PRS Board.
(2) An applicant or proposed appointee may appear
before the PRS Board by video link or any other
means that the PRS Board considers appropriate.
(3) The PRS Board may refuse to consider an
30 application for registration or renewal of
registration or to provide advice to the Chief
Commissioner under section 29 or 30 if the
applicant or proposed appointee fails to--
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(a) appear before the PRS Board at the day and
time specified in a notice under
subsection (1); or
(b) answer questions asked by the PRS Board;
5 or
(c) produce documents specified in a notice
under subsection (1) to the PRS Board; or
(d) provide information required by the PRS
Board.
10 223 Witness summons
(1) For the purposes set out in section 220, the
President or Deputy President of the Registration
Division may issue a summons to a person to
attend the PRS Board to give evidence and
15 produce any documents that are referred to in the
summons.
Note
Section 224 sets out how a summons may be served.
(2) A person who has been properly served with a
20 summons must not, without reasonable 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
25 (b) produce any document referred to in the
summons that is in his or her possession.
Penalty: 10 penalty units.
224 Service of notices and summonses under this
Division
30 (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
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(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
5 known residential or business address 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
10 a person--
(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;
15 or
(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 received on the
20 next business day.
__________________
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PART 13--CONFIDENTIALITY AND PRIVILEGE
Division 1--Confidentiality of police information
225 Definitions
In this Division--
5 police information means--
(a) in relation to a member or former
member of Victoria Police personnel,
any information that has come to the
knowledge or into the possession of the
10 member--
(i) in the performance of functions or
duties or the exercise of powers as
a member of Victoria Police
personnel; or
15 (ii) otherwise as a result of being a
member of Victoria Police
personnel; or
(b) in relation to a service provider, any
information given or made available to
20 the service provider by Victoria Police
or a member of Victoria Police
personnel for the purposes of the
provision of services by the service
provider;
25 service provider means--
(a) a contractor, consultant or other person
who is or has been engaged to provide
services to Victoria Police or to the
Chief Commissioner; or
30 (b) a person who is or has been employed
by or engaged to provide services to a
contractor, consultant or other person
referred to in paragraph (a).
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226 Victoria Police personnel duty not to access, use or
disclose police information
(1) In determining for the purposes of this Division
whether it is the duty of a member or former
5 member of Victoria Police personnel not to
access, make use of or disclose police
information, regard must be had to the Chief
Commissioner's instructions.
(2) Subsection (1) does not limit the matters to which
10 regard may be had in determining for the purposes
of this Division whether it is the duty of a member
or former member of Victoria Police personnel
not to access, make use of or disclose police
information.
15 (3) For the avoidance of doubt, if the access, use or
disclosure of police information is authorised
under section 230 or 231, then sections 227, 228
and 229 do not apply to that access, use or
disclosure.
20 227 Unauthorised access to, use of or disclosure of police
information by members or former members of
Victoria Police personnel--summary offence
(1) A member or former member of Victoria Police
personnel must not, without reasonable excuse,
25 access, use or disclose any police information if it
is the duty of the member or former member not
to access, make use of or disclose the information.
Penalty: 240 penalty units or imprisonment for
2 years or both.
30 (2) Without limiting what may be a reasonable
excuse, it is a reasonable excuse if the member or
former member took reasonable steps not to
access, use or disclose the police information.
Note
35 See also section 72 of the Criminal Procedure Act 2009,
which deals with the evidential burden of proof.
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228 Unauthorised access to, use of or disclosure of police
information by members or former members of
Victoria Police personnel--indictable offence
(1) A member or former member of Victoria Police
5 personnel must not access, use or disclose any
police information if--
(a) it is the duty of the member or former
member not to access, use or disclose the
information; and
10 (b) the member or former member knows or is
reckless as to whether the information may
be used (whether by the member or former
member or any other person) to--
(i) endanger the life or safety of any
15 person; or
(ii) commit, or assist in the commission of,
an indictable offence; or
(iii) impede or interfere with the
administration of justice.
20 Penalty: 600 penalty units or imprisonment for
5 years or both.
(2) An offence against subsection (1) is an indictable
offence.
229 Unauthorised access to, use of or disclosure of police
25 information by service providers
(1) A service provider must not, without reasonable
excuse, access, use or disclose any police
information other than for a purpose for which the
information was given or made available to the
30 service provider.
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Penalty: In the case of an individual, 240 penalty
units or imprisonment for 2 years or
both;
In the case of a body corporate,
5 1200 penalty units.
(2) Without limiting what may be a reasonable
excuse, it is a reasonable excuse if the service
provider took reasonable steps not to access, use
or disclose the police information.
10 Note
See also section 72 of the Criminal Procedure Act 2009,
which deals with the evidential burden of proof.
(3) In determining the purposes for which police
information given or made available to a service
15 provider may be accessed, used or disclosed by
the service provider, regard must be had to the
Chief Commissioner's instructions.
(4) Subsection (3) does not limit the matters to which
regard may be had in determining the purposes for
20 which police information given or made available
to a service provider may be accessed, used or
disclosed by the service provider.
230 Access to, use of or disclosure of information on a
computerised database
25 (1) A person authorised, or who is in a class of
persons authorised, under subsection (2) may
access, use or disclose information in the
performance of official duties in accordance with
the terms of the authorisation.
30 (2) The Chief Commissioner may, by instrument in
writing, authorise police officers or classes of
police officers to access, use or disclose
information of a class specified in the instrument
in the performance of their official duties, being
35 information on a computerised database that is
able to be accessed by--
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(a) police officers; or
(b) a relevant person within the meaning of
section 104ZX of the Corrections Act 1986,
other than an independent prison visitor.
5 (3) This section does not apply to any information
that is--
(a) acquired by a member of Victoria Police
personnel by reason of, or in the course of,
the performance of duties or functions or the
10 exercise of powers under Part 10; or
(b) a restricted matter within the meaning of
section 183.
231 Other authorised access to, use of or disclosure of
police information
15 (1) For the purposes of this Division, each of the
following is authorised--
(a) the accessing, use or disclosure, in
accordance with the Health Records Act
2001, of police information that is health
20 information within the meaning of that Act;
(b) the disclosure, in accordance with
Division 4, of police information that is
vehicle accident information within the
meaning of section 246;
25 (c) the disclosure to the operator or driver of a
tow truck or a person who manages a depot,
in connection with the authorisation under
the Accident Towing Services Act 2007 by
a police officer of the towing of a vehicle by
30 a tow truck, of police information that is
information disclosed to the police officer
under section 90K(a)(iv) of the Road Safety
Act 1986;
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(d) the accessing, or disclosure to the Registrar,
by a member of Victoria Police personnel
acting on behalf of the Chief Commissioner
of police information required to apply for
5 registration of a financing statement or a
financing charge statement under the PPS
Act in the performance of duties of the Chief
Commissioner under Part 6A of the Road
Safety Act 1986.
10 (2) In this section--
depot has the same meaning as in the Accident
Towing Services Act 2007;
PPS Act means the Personal Property Securities
Act 2009 of the Commonwealth;
15 Registrar means the Registrar of Personal
Property Securities appointed under the PPS
Act;
tow truck has the same meaning as in the
Accident Towing Services Act 2007.
20 232 Offence to disclose information in relation to drug
and alcohol testing
(1) A person must not, other than as required or
authorised by this Act or the regulations, disclose
to any other person the identity of a person to
25 whom or in respect of whom a testing direction is
given under Part 5 or the results of any test taken
as a result of a testing direction.
Penalty: In the case of an individual, 60 penalty
units or imprisonment for 6 months or
30 both;
In the case of a body corporate,
300 penalty units.
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(2) Subsection (1) does not apply to disclosure by--
(a) the person to whom or in respect of whom
the testing direction is given; or
(b) the Chief Commissioner, being a disclosure
5 made to the IBAC or an IBAC Officer in the
performance of the Chief Commissioner's
functions or duties; or
(c) the IBAC or an IBAC Officer, if the
disclosure is necessary for the performance
10 of the functions or duties of the IBAC or an
IBAC Officer.
(3) Subsection (1) does not apply to the disclosure of
information in a proceeding of a kind referred to
in section 97.
15 Division 2--Other confidentiality and privilege provisions
233 Deliberations of Ministers and Parliamentary
committees not to be disclosed
(1) A person cannot be required or authorised by
virtue of this Act--
20 (a) to provide any information or answer any
question; or
(b) to produce or inspect so much of any
document--
that relates to the deliberations of Ministers or any
25 committee consisting of members of Parliament
where the committee is formed for the purpose of
advising the Ministers in respect of their
deliberations.
(2) The Attorney-General may issue a certificate
30 certifying that any information or question or
document or part of a document relates to the
deliberations of Ministers or of a committee
referred to in subsection (1).
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(3) A certificate issued under subsection (2) is
conclusive of the facts certified.
234 Certain crime reports privileged
(1) This section applies to any document issued for
5 publication by the Chief Commissioner or on his
or her behalf by a police officer of or above the
rank of inspector for the purpose of protecting the
public or gaining information that may be of
assistance in the investigation of an alleged
10 offence.
(2) The publication--
(a) in any public newspaper or other periodical
publication; or
(b) by transmission to the general public in a
15 radio or television program; or
(c) by any other form of electronic
communication within the meaning of the
Defamation Act 2005--
of a copy, or a fair and accurate report or
20 summary, of the document is privileged unless the
publication is proved to be made with malice.
(3) In a proceeding, if the plaintiff proves that the
defendant was requested by the plaintiff to publish
a reasonable letter or statement by way of
25 contradiction or explanation of the copy,
document, report or summary published by the
defendant, then subsection (2) is not available as a
defence unless the defendant proves that the
defendant published the letter or statement--
30 (a) within a reasonable time after the request;
and
(b) in such a manner that it was likely to come to
the notice of the same general audience as
that for the copy, document, report or
35 summary.
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(4) This section does not limit or abridge any
privilege existing by law.
Division 3--Agency photographs
235 Definitions
5 (1) In this Division--
agency photograph means a photograph of the
face of a person who has been found guilty
of an offence that was taken by an
investigative agency or an officer of an
10 investigative agency when--
(a) the person was arrested by the agency
or an officer of the agency on suspicion
of an offence; or
(b) the person was interviewed by the
15 agency or an officer of the agency in
respect of an offence; or
(c) another investigative procedure into the
person was carried out by the agency or
an officer of the agency in respect of an
20 offence;
authorised media organisation means a media
organisation authorised under section 236;
journalism means the practice of collecting,
preparing for dissemination or disseminating
25 any of the following material for the purpose
of making it available to the public--
(a) material having the character of news
or current affairs;
(b) material consisting of commentary or
30 opinion on or analysis of news or
current affairs;
media organisation means a person or body that
engages in journalism.
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(2) For the purposes of this Division, a person is
taken to have been found guilty of an offence if--
(a) either--
(i) a court has made a formal finding that
5 he or she is guilty of the offence; or
(ii) a similar finding has been made under
equivalent provisions of the laws of a
another jurisdiction; and
(b) either--
10 (i) the finding has not been appealed
against in the period within which the
finding may be appealed against; or
(ii) if there has been an appeal against the
finding--the appeal is concluded and
15 the finding has not been overturned on
the appeal.
236 Authorisation of media organisations
(1) The Chief Commissioner may, on application by a
media organisation under section 237, authorise
20 the media organisation to be given agency
photographs.
(2) An authorisation under subsection (1) remains in
force until revoked by the Chief Commissioner or
surrendered by the media organisation to whom it
25 is given.
(3) An authorisation under subsection (1)--
(a) must be in writing; and
(b) is subject to any conditions specified in the
authorisation.
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237 Application for authorisation under section 236
(1) A media organisation may apply to the Chief
Commissioner for authorisation under
section 236.
5 (2) An application under subsection (1) must be in the
form approved by the Chief Commissioner and
accompanied by the prescribed fee.
238 Chief Commissioner may authorise the giving of
agency photographs to media organisations
10 (1) If an agency photograph of a person who has been
found guilty of an offence is in the possession of
Victoria Police, the Chief Commissioner may, on
application by an authorised media organisation
under section 239, authorise that the photograph
15 be given to the authorised media organisation for
use in the course of journalism carried out by that
organisation.
(2) The Chief Commissioner must not give an
authorisation under subsection (1) on an
20 application made more than 6 months after the
person photographed was found guilty of the
offence referred to in subsection (1).
(3) An authorisation under subsection (1)--
(a) must be in writing; and
25 (b) is subject to the conditions specified in the
authorisation.
(4) Subsection (1) has effect despite anything to the
contrary in the Information Privacy Act 2000,
the Freedom of Information Act 1982 or any
30 other Act (other than the Charter of Human
Rights and Responsibilities Act 2006).
(5) Despite anything to the contrary in the Freedom
of Information Act 1982, that Act is not to be
construed as empowering an application to be
35 made by a media organisation under that Act for
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access to an agency photograph, if the application
is made within 6 months after the person
photographed has been found guilty of an offence.
Note
5 See section 234 which makes certain provisions as to documents
issued for publication by the Chief Commissioner.
239 Application for giving of agency photograph
(1) An authorised media organisation may apply to
the Chief Commissioner for authorisation, under
10 section 238, for the giving of an agency
photograph that is in the possession of Victoria
Police.
(2) An application under subsection (1) must--
(a) be in writing in the form approved by the
15 Chief Commissioner and be accompanied by
the prescribed fee; and
(b) set out the reasons why the authority should
be given, and in doing so, address the
matters set out in section 240.
20 240 Considerations to be taken into account in
authorising the giving of agency photographs
Before authorising the giving of an agency
photograph under section 238, the Chief
Commissioner must have regard to the following
25 matters, to the extent that the matters can be
ascertained at the time the Chief Commissioner
makes the decision to give the authorisation--
(a) the public interest, including but not limited
to the following--
30 (i) the nature and seriousness of the
offence referred to in section 238(1);
(ii) the age of the person photographed;
(iii) the sentence given to the person
photographed;
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(iv) any suppression orders involving the
person photographed or involving any
other person who might be affected by
the giving of the photograph to the
5 media organisation;
(v) any effect that might result from the
giving of the photograph on any other
court proceedings;
(vi) any deterrent effect that might result
10 from the giving of the photograph;
(vii) any other possible legal constraint on
the giving of the photograph, including,
but not limited to any constraint under
the Sex Offenders Registration Act
15 2004, the Victims' Charter Act 2006,
the Children, Youth and Families Act
2005 and the Judicial Proceedings
Reports Act 1958;
(viii) any information known to the Chief
20 Commissioner, as to the person
photographed being suspected, on
reasonable grounds, of having
committed other offences that are
similar to the offence referred to in
25 section 238(1);
(ix) any other relevant matter; and
(b) the interests of the victim and of any witness
to the offence referred to in section 238(1),
including but not limited to the following--
30 (i) whether or not any victim of or witness
to the offence referred to in section
238(1) could be identified by the giving
of the photograph;
(ii) the likely impact on any such victim or
35 witness of the giving of the photograph;
and
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(c) the interests of the person photographed,
including but not limited to the following--
(i) any special circumstances of the person
photographed, including, physical or
5 mental health issues;
(ii) any risk to the person photographed or
his or her family that might occur as a
result of the giving of the photograph.
241 Notification of authorisation under section 238
10 (1) On deciding to authorise the giving of an agency
photograph to a media organisation under
section 238, the Chief Commissioner must,
without delay, notify the person photographed that
the decision to authorise the giving of the
15 photograph has been made.
(2) A notice under subsection (1)--
(a) must be given by posting the notice, by
ordinary mail, to the last known address of
the person photographed; and
20 (b) must set out the media organisation to whom
the photograph is to be given.
242 Offences as to authorisation and use of agency
photographs
(1) A media organisation that has been authorised
25 under section 236(1) must comply with the
authorisation.
Penalty: In the case of an individual, 10 penalty
units;
In the case of a body corporate,
30 50 penalty units.
(2) A media organisation must not use an agency
photograph that has been authorised to be given to
the media organisation under section 238
except--
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(a) in the course of journalism carried out by
that organisation; and
(b) in accordance with the authorisation under
section 238 under which the photograph is
5 given to the media organisation; and
(c) in accordance with--
(i) any applicable privacy standard
published or determined by the
Australian Press Council; or
10 (ii) any applicable code published or
determined by, or registered with or
notified to the Australian
Communications and Media Authority,
established under the Australian
15 Communications and Media Authority
Act 2005 of the Commonwealth.
Penalty: In the case of an individual, 60 penalty
units or imprisonment for 6 months or
both;
20 In the case of a body corporate,
300 penalty units.
(3) If an authorised media organisation is found guilty
of an offence under this section, the Chief
Commissioner may revoke the authorisation of
25 that media organisation.
243 Protection against actions for defamation or breach
of confidence
If an authorisation has been given under
section 238 to give an agency photograph to an
30 authorised media organisation an action for
defamation or breach of confidence does not lie--
(a) against the Chief Commissioner, a police
officer, the Crown, a Minister or an officer
because of the giving of the authorisation; or
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(b) against a media organisation who publishes
the agency photograph in accordance with
this Act and the authorisation.
244 Protection in respect of offences
5 If an authorisation has been given under
section 238 to give an agency photograph to an
authorised media organisation, neither the person
authorising the giving of the agency photograph
nor any other person concerned in authorising the
10 giving of the agency photograph, is guilty of an
offence by reason only of the authorising of the
giving of the agency photograph.
245 Procedure under section 234 not affected
Nothing in this Division affects or limits the
15 operation of section 234.
Division 4--Disclosure of vehicle accident information
246 Definitions
In this Division--
authorised purpose means, in relation to the
20 disclosure or use of vehicle accident
information relating to a vehicle accident,
any one or more of the following purposes--
(a) to obtain legal advice in relation to the
vehicle accident; or
25 (b) to recover any loss or damage incurred
or suffered, or costs incurred, as a result
of the vehicle accident, whether by way
of legal proceedings or otherwise; or
(c) to assess and determine a claim under a
30 contract of insurance made in relation
to--
(i) the death or injury of a person as a
result of the vehicle accident; or
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(ii) the damage to, or destruction of,
property as a result of the vehicle
accident; or
(d) to assess and determine a claim for
5 compensation under a statutory
insurance scheme law in respect of the
death of or injury to a person as a result
of the vehicle accident; or
(e) to investigate the vehicle accident for a
10 purpose set out in paragraph (a), (b), (c)
or (d);
authorised representative means--
(a) a relevant insurer; or
(b) a person authorised, in writing, by a
15 person referred to in section 248(1)(a)
to (c) to request vehicle accident
information on that person's behalf in
accordance with that section;
injury means personal or bodily injury and
20 includes psychological or psychiatric injury;
non-Victorian statutory insurance scheme law
means a law of another State or a Territory
or the Commonwealth declared under
section 247 to be a non-Victorian statutory
25 insurance scheme law;
personal representative, in relation to a person
who dies or is injured, or whose property has
been damaged or destroyed, as a result of a
vehicle accident, means--
30 (a) if the person is a child, the parent or
guardian of the child; or
(b) if the person is a person with a
disability and an administrator or
guardian has been appointed under the
35 Guardianship and Administration
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Act 1986 in respect of that person, that
administrator or guardian; or
(c) if the person does not have legal
capacity and the person has appointed
5 an attorney under an enduring power of
attorney, that attorney; or
(d) if the person dies as a result of the
vehicle accident, the administrator or
executor of that person's estate;
10 registered operator has the same meaning as in
the Road Safety Act 1986;
relevant insurer means--
(a) a statutory scheme insurer if that
insurer must assess and determine a
15 claim for compensation by a person
referred to in section 248(1)(a) or (b),
or the personal representative of a
person who dies or is injured as a result
of a vehicle accident, under a statutory
20 insurance scheme law; or
(b) an insurer against whom a claim has
been made under a contract of
insurance by a person referred to in
section 248(1)(a) or (b), or the personal
25 representative of a person who dies or
is injured as a result of a vehicle
accident or whose property is damaged
or destroyed as a result of a vehicle
accident;
30 statutory insurance scheme law means--
(a) the Accident Compensation Act 1985;
or
(b) the Transport Accident Act 1986; or
(c) a non-Victorian statutory insurance
35 scheme law;
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statutory scheme insurer means--
(a) the Victorian WorkCover Authority
established under the Accident
Compensation Act 1985 or an
5 authorised agent or self-insurer within
the meaning of that Act; or
(b) the Transport Accident Commission
established under the Transport
Accident Act 1986; or
10 (c) a person established under a non-
Victorian statutory insurance scheme
law, or a person who assesses and
determines claims for compensation
under a non-Victorian statutory
15 insurance scheme law, declared under
section 247 to be a statutory scheme
insurer;
vehicle has the same meaning as in the Road
Safety Act 1986;
20 vehicle accident means an incident involving a
vehicle that results in--
(a) the death or injury of a person; or
(b) damage to, or the destruction of,
property;
25 vehicle accident information means any of the
following information relating to a vehicle
accident held by the Chief Commissioner of
Police that has been recorded, collected or
obtained by a police officer in the course of
30 his or her duty--
(a) information that identifies--
(i) the driver or registered operator or
passenger of any vehicle involved
in the vehicle accident;
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(ii) a person who witnessed the
vehicle accident;
(iii) a person who dies or is injured as
a result of the vehicle accident;
5 (b) a statement of--
(i) the driver or a passenger of any
vehicle involved in the vehicle
accident;
(ii) a person who witnessed the
10 vehicle accident;
(iii) a person injured as a result of the
vehicle accident;
(c) information that identifies any vehicle
involved in the vehicle accident;
15 (d) the full particulars of the vehicle
accident.
247 Declaration of non-Victorian statutory insurance
scheme laws and persons as statutory scheme
insurers
20 The Minister, by notice published in the
Government Gazette, may for the purpose of this
Division declare--
(a) a law of another State or a Territory or the
Commonwealth to be a non-Victorian
25 statutory scheme law; and
(b) a person established under a non-Victorian
statutory scheme law, or a person who
assesses and determines claims for
compensation under a non-Victorian
30 statutory scheme law, to be a statutory
scheme insurer.
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248 Certain persons may request disclosure of vehicle
accident information
(1) A person may request a police officer or a
Victoria Police employee to disclose to the person
5 vehicle accident information relating to an
accident if--
(a) the person was injured as a result of the
vehicle accident; or
(b) the person's property was damaged or
10 destroyed as a result of the vehicle accident;
or
(c) the person is a personal representative of a
person who died or was injured, or whose
property was damaged or destroyed, as a
15 result of the vehicle accident; or
(d) the person is an authorised representative of
a person referred to in paragraph (a) or (b),
or a personal representative referred to in
paragraph (c).
20 (2) A request may only be for an authorised purpose.
(3) A request must be made in accordance with
section 249.
249 Form and content of application for vehicle accident
information
25 (1) A request under section 248 must be in writing.
(2) A request from a person (other than an authorised
representative) must also be accompanied by--
(a) if the person is a natural person--
(i) a statutory declaration by the person
30 stating that he or she is a person to
whom section 248(1) applies and the
purpose of the request; and
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(ii) proof, to the satisfaction of the Chief
Commissioner, of the person's identity;
or
(b) if the person is a body corporate, a statutory
5 declaration by an officer or employee of the
body corporate stating that the body
corporate is a person to whom section 248(1)
applies and the purpose of the request.
(3) A request from an authorised representative must
10 also be accompanied by the relevant written
authority (if required) and--
(a) if the authorised representative is a natural
person, a statutory declaration by the person
stating the purpose of the request; or
15 (b) if the authorised representative is a body
corporate, a statutory declaration by an
officer or employee of the body corporate
stating the purpose of the request.
(4) A request from a person who is a personal
20 representative must also be accompanied by proof,
to the satisfaction of the Chief Commissioner, that
the person is a personal representative for the
purposes of this Division.
250 Disclosure of vehicle accident information
25 On receipt of a request under section 248, a police
officer or a Victoria Police employee may disclose
vehicle accident information to the person
requesting the information if the officer or
employee is satisfied that the requirements set out
30 in section 249 have been met.
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251 Disclosure or use of vehicle accident information for
a purpose other than an authorised purpose
prohibited
(1) A person referred to in section 248(1)(a) to (d)
5 must not disclose or use vehicle accident
information disclosed to that person by a police
officer, or a Victoria police employee, except for
an authorised purpose.
Penalty: 60 penalty units.
10 (2) A person who obtains vehicle accident
information from a person referred to in
section 248(1)(a) to (d) must not disclose or use
vehicle accident information except for an
authorised purpose.
15 Penalty: In the case of an individual, 60 penalty
units;
In the case of a body corporate,
300 penalty units.
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PART 14--COMPLIANCE AND ENFORCEMENT
Division 1--General offences in relation to Victoria Police
252 Bribery and corruption by police or protective
services officers
5 (1) This section applies to each of the following
(a regulated person)--
(a) a police officer;
(b) a protective services officer;
(c) a police recruit.
10 (2) A regulated person must not take or solicit a bribe,
pecuniary or otherwise.
Penalty: 240 penalty units or imprisonment for
2 years or both.
(3) A regulated person must not take or solicit a
15 payment or other benefit from, or make an
agreement with, another person to neglect the
regulated person's duty.
Penalty: 240 penalty units or imprisonment for
2 years or both.
20 (4) A regulated person must not take or solicit a
payment or other benefit from, or make an
agreement with, another person to improperly take
advantage of the regulated person's position.
Penalty: 240 penalty units or imprisonment for
25 2 years or both.
(5) Subsections (3) and (4) apply whether or not the
other person is also a regulated person.
(6) A proceeding for an offence against subsection
(2), (3) or (4) may be commenced within the
30 period of 3 years after the alleged commission of
the offence.
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253 Bribery and corruption towards police or protective
services officers
(1) A person (including a regulated person) must not
give, offer or promise a bribe, pecuniary or
5 otherwise, to a regulated person.
Penalty: In the case of an individual, 240 penalty
units or imprisonment for 2 years or
both;
In the case of a body corporate,
10 1200 penalty units.
(2) A person (including a regulated person) must not
give, offer or promise a payment or other benefit
to, or make an agreement with, a regulated person
to neglect the regulated person's duty.
15 Penalty: In the case of an individual, 240 penalty
units or imprisonment for 2 years or
both;
In the case of a body corporate,
1200 penalty units.
20 (3) A person (including a regulated person) must not
give, offer or promise a payment or other benefit
to, or make an agreement with, a regulated person
to improperly take advantage of the regulated
person's position.
25 Penalty: In the case of an individual, 240 penalty
units or imprisonment for 2 years or
both;
In the case of a body corporate,
1200 penalty units.
30 (4) A proceeding for an offence against subsection
(1), (2) or (3) may be commenced within the
period of 3 years after the commission of the
alleged offence.
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(5) In this section--
regulated person means a person referred to in
section 252(1).
254 Failure to return Victoria Police identification or
5 Victoria Police equipment
(1) A police officer or protective services officer who
ceases to hold office must return his or her
Victoria Police identification and Victoria Police
equipment on or before his or her last day of
10 service unless the officer has a reasonable excuse
for not doing so.
Penalty: 60 penalty units or imprisonment for
6 months or both.
(2) A police recruit whose employment is terminated
15 must return his or her Victoria Police
identification and Victoria Police equipment on or
before his or her last day of employment unless
the police recruit has a reasonable excuse for not
doing so.
20 Penalty: 60 penalty units or imprisonment for
6 months or both.
(3) Without limiting what may be a reasonable
excuse, it is a reasonable excuse if the person has
the written permission of the Chief Commissioner
25 to retain the identification or equipment.
Note
See also section 72 of the Criminal Procedure Act 2009,
which deals with the evidential burden of proof.
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255 Unauthorised manufacture, possession, use or
supply of Victoria Police identification or Victoria
Police equipment
(1) A person must not manufacture, possess, use or
5 supply any Victoria Police identification or
Victoria Police equipment unless--
(a) the person manufactures, possesses, uses or
supplies the identification or equipment in
accordance with the approval of the Chief
10 Commissioner under subsection (2); or
(b) the person possesses or uses the
identification or equipment for the purposes
of, or in the course of, performing his or her
duties as a member of Victoria Police
15 personnel; or
(c) the person otherwise has a reasonable
excuse.
Penalty: In the case of an individual, 120 penalty
units or imprisonment for 1 year or
20 both;
In the case of a body corporate,
600 penalty units.
Note
See also section 72 of the Criminal Procedure Act 2009,
25 which deals with the evidential burden of proof.
(2) The Chief Commissioner may give written
approval for a person or class of persons to
manufacture, possess, use or supply Victoria
Police identification or Victoria Police equipment
30 specified in the approval.
(3) An approval under subsection (2)--
(a) may be given for a fixed period or
indefinitely; and
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(b) may be made subject to any conditions the
Chief Commissioner considers appropriate;
and
(c) may be revoked at any time by written notice
5 given by the Commissioner to the person to
whom the approval relates.
(4) In this section--
supply includes--
(a) sell, including by auction; and
10 (b) hire out; and
(c) exchange; and
(d) give away or otherwise dispose of; and
(e) offer to supply; and
(f) advertise, display or expose for supply.
15 256 Impersonating police or protective services officers
(1) A person who is not a police officer must not, in
any way, hold himself or herself out to be a police
officer.
Penalty: 120 penalty units or imprisonment for
20 1 year or both.
(2) A person who is not a protective services officer
must not, in any way, hold himself or herself out
to be a protective services officer.
Penalty: 120 penalty units or imprisonment for
25 1 year or both.
(3) A person who is not a police recruit must not, in
any way, hold himself or herself out to be a police
recruit.
Penalty: 120 penalty units or imprisonment for
30 1 year or both.
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257 Obtaining appointment as police officer or
protective services officer by false representations or
documents
A person must not obtain or attempt to obtain
5 appointment as a police officer or protective
services officer by making a false representation
or using a false document.
Penalty: 60 penalty units or imprisonment for
6 months or both.
10 258 Causing disaffection
(1) A person (including a regulated person) must not
cause, attempt to cause or do any act calculated to
cause disaffection among police officers or
protective services officers.
15 Penalty: 10 penalty units.
(2) A person (including a regulated person) must not
induce or attempt to induce a police officer or
protective services officer to withhold the officer's
services or to commit a breach of discipline.
20 Penalty: 10 penalty units.
(3) Subsection (1) or (2) does not apply to a person
who, in good faith--
(a) points out or attempts to point out errors or
defects in or desirable alterations or
25 improvements to laws, regulations or
working conditions governing police officers
or protective services officers; or
(b) induces police officers or protective services
officers to attempt to procure by lawful
30 means the alteration of any laws, regulations
or working conditions governing them.
(4) In this section--
regulated person means a person referred to in
section 252(1).
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Division 2--Ancillary provisions for offences
259 Definitions
In this Division--
body corporate has the same meaning as
5 corporation has in section 57A of the
Corporations Act;
officer in relation to a body corporate means--
(a) a person who is an officer (as defined
by section 9 of the Corporations Act) of
10 the body corporate; or
(b) a person (other than a person referred to
in paragraph (a)), by whatever name
called, who is concerned in, or takes
part in, the management of the body
15 corporate.
260 Criminal liability of officers of bodies corporate--
accessorial liability
(1) If a body corporate commits an offence against a
provision specified in subsection (2), an officer of
20 the body corporate also commits an offence
against the provision if the officer--
(a) authorised or permitted the commission of
the offence by the body corporate; or
(b) was knowingly concerned in any way
25 (whether by act or omission) in the
commission of the offence by the body
corporate.
(2) For the purposes of subsection (1), the following
provisions are specified--
30 (a) section 100(1);
(b) section 232(1);
(c) section 242(1);
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(d) section 242(2);
(e) section 251(1);
(f) section 251(2).
(3) Without limiting any other defence available to
5 the officer, an officer of a body corporate may
rely on a defence that would be available to the
body corporate if it were charged with the offence
with which the officer is charged and, in doing so,
the officer bears the same burden of proof that the
10 body corporate would bear.
(4) An officer of a body corporate may commit an
offence against a provision specified in subsection
(2) whether or not the body corporate has been
prosecuted for, or found guilty of, an offence
15 against that provision.
(5) This section does not affect the operation of
section 323 or 324 of the Crimes Act 1958 or
section 52 of the Magistrates' Court Act 1989.
261 Criminal liability of officers of bodies corporate--
20 failure to exercise due diligence
(1) If a body corporate commits an offence against a
provision specified in subsection (2), an officer of
the body corporate also commits an offence
against the provision if the officer failed to
25 exercise due diligence to prevent the commission
of the offence by the body corporate.
(2) For the purposes of subsection (1), the following
provisions are specified--
(a) section 229(1);
30 (b) section 253(1);
(c) section 253(2);
(d) section 253(3);
(e) section 255(1).
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(3) In determining whether an officer of a body
corporate failed to exercise due diligence, a court
may have regard to--
(a) what the officer knew, or ought reasonably
5 to have known, about the commission of the
offence by the body corporate; and
(b) whether or not the officer was in a position
to influence the body corporate in relation to
the commission of the offence by the body
10 corporate; and
(c) what steps the officer took, or could
reasonably have taken, to prevent the
commission of the offence by the body
corporate; and
15 (d) any other relevant matter.
(4) Without limiting any other defence available to
the officer, an officer of a body corporate may
rely on a defence that would be available to the
body corporate if it were charged with the offence
20 with which the officer is charged and, in doing so,
the officer bears the same burden of proof that the
body corporate would bear.
(5) An officer of a body corporate may commit an
offence against a provision specified in subsection
25 (2) whether or not the body corporate has been
prosecuted for, or found guilty of, an offence
against that provision.
262 Conduct by officers, employees or agents
(1) For the purpose of a criminal proceeding, any
30 conduct engaged in on behalf of a body corporate
is taken to have been engaged in also by the body
corporate, if the conduct was engaged in by an
employee, agent or officer of the body corporate
within the scope of the employee, agent or
35 officer's actual or apparent authority.
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(2) For the purpose of a criminal proceeding, any
conduct engaged in on behalf of a person other
than a body corporate (the principal) is taken to
have been engaged in also by the principal, if the
5 conduct was engaged in by an employee of the
principal within the scope of the employee's actual
or apparent authority.
(3) If, in any criminal proceeding, it is necessary to
establish the state of mind of a body corporate in
10 relation to particular conduct, it is sufficient to
show--
(a) that the conduct was engaged in by an officer
of the body corporate within the scope of the
officer's actual or apparent authority and the
15 officer had that state of mind; or
(b) that the conduct was engaged in by an agent
of the body corporate and--
(i) the agent acted at the specific direction
or with the specific consent or
20 agreement of the body corporate; or
(ii) the agent had that state of mind; or
(iii) the body corporate was aware of the
agent's state of mind when the conduct
was engaged in.
25 (4) If, in any criminal proceeding, it is necessary to
establish the state of mind of a person other than a
body corporate in relation to particular conduct, it
is sufficient to show--
(a) that the conduct was engaged in by an
30 employee of the person within the scope of
the employee's actual or apparent authority
and the employee had that state of mind; or
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(b) that the conduct was engaged in by an agent
of the person and--
(i) the agent acted at the specific direction
or with the specific consent or
5 agreement of the person; or
(ii) the agent had that state of mind; or
(iii) the person was aware of the agent's
state of mind when the conduct was
engaged in.
10 (5) A reference in this section to the state of mind of a
person includes a reference to the knowledge,
intention, opinion, belief or purpose of the person
and the person's reasons for the intention, opinion,
belief or purpose.
15 (6) In this section--
criminal proceeding means a proceeding for an
offence against a provision of this Act.
Division 3--Search and seizure powers
263 Definitions
20 In this Division--
aircraft means a machine or structure used or
intended to be used for navigation of the air;
motor vehicle has the same meaning as in the
Road Safety Act 1986;
25 public place has the same meaning as in the
Summary Offences Act 1966;
relevant offence means an offence against any of
the following--
(a) section 138(2) (failure of suspended
30 officer to return Victoria Police
equipment or identification);
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(b) section 227 (unauthorised access to, use
of or disclosure of police information
by members or former members of
Victoria Police personnel--summary
5 offence);
(c) section 228 (unauthorised access to, use
of or disclosure of police information
by members or former members of
Victoria Police personnel--indictable
10 offence);
(d) section 229 (unauthorised access to, use
of or disclosure of police information
by service providers);
(e) section 252 (bribery and corruption by
15 police or protective services officers);
(f) section 253 (bribery and corruption
towards police or protective services
officers);
(g) section 254 (failure to return Victoria
20 Police identification or Victoria Police
equipment);
(h) section 255 (unauthorised manufacture,
possession, use or supply of Victoria
Police identification or Victoria Police
25 equipment);
(i) section 256 (impersonating police or
protective services officers);
(j) section 257 (obtaining appointment as a
police officer or protective services
30 officer by false representations or
documents);
vehicle includes, aircraft, motor vehicle and
vessel;
vessel has the same meaning as in the Marine
35 Safety Act 2010.
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264 Entry and search with consent
(1) If a police officer believes on reasonable grounds
that a person has committed or is committing a
relevant offence, the police officer, with the
5 consent of the occupier of premises, may--
(a) enter and search the premises (including any
vehicle on the premises); and
(b) exercise a power referred to in subsection (2)
and (3) at the premises.
10 (2) The police officer may--
(a) seize any thing the officer finds on the
premises if he or she believes on reasonable
grounds the thing is connected with the
alleged offence; and
15 (b) examine, take and keep samples of any
things the officer finds on the premises if he
or she believes on reasonable grounds the
things are connected with the alleged
offence; and
20 (c) in the case of any document on the premises,
do any of the following in relation to the
document, if the officer believes on
reasonable grounds the document is
connected with the alleged offence--
25 (i) require the document to be produced
for examination; and
(ii) examine, make copies or take extracts
from the document, or arrange for the
making of copies or the taking of
30 extracts; and
(iii) remove the document for so long as is
reasonably necessary to make copies or
take extracts from the document.
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(3) The police officer may make any still or moving
image or audio-visual recording if he or she
believes on reasonable grounds it is necessary to
do so for the purpose of establishing the alleged
5 offence.
265 Notice before entry and search
A police officer must not enter and search any
premises under section 264 unless, before the
occupier consents to the entry and search, the
10 officer has--
(a) produced his or her Victoria Police
identification for inspection; and
(b) informed the occupier--
(i) of the purpose of the search; and
15 (ii) that the occupier may refuse to give
consent to the entry and search or to the
seizure of any thing found during the
search; and
(iii) that the occupier may refuse to give
20 consent to the taking of any sample of
things or any copy or extract from a
document found on the premises during
the search; and
(iv) that any thing seized or taken during
25 the search with the consent of the
occupier may be used in evidence in
proceedings.
266 Acknowledgement of consent to entry and search
(1) If an occupier of premises consents to the entry
30 and search of the premises by a police officer
under section 264, the officer must, before
entering the premises, ask the occupier to sign an
acknowledgment.
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(2) For the purpose of subsection (1), the
acknowledgment must state--
(a) that the occupier has been informed--
(i) of the purpose of the search; and
5 (ii) that the occupier may refuse to give
consent to the entry and search or to the
seizure of any thing found during the
search; and
(iii) that the occupier may refuse to give
10 consent to the taking of any sample of
things or any copy or extract from a
document found on the premises during
the search; and
(iv) that any thing seized or taken during
15 the search with the consent of the
occupier may be used in evidence in
proceedings; and
(b) that the occupier has consented to the entry
and search; and
20 (c) the date and time that the occupier
consented.
(3) If an occupier of premises consents to the seizure
or taking of any thing during a search of the
premises by the police officer, the officer must,
25 before seizing or taking the thing, ask the occupier
to sign an acknowledgement.
(4) For the purpose of subsection (3), the
acknowledgment must state--
(a) that the occupier has consented to the seizure
30 or taking of the thing; and
(b) the date and time that the occupier
consented.
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(5) A police officer must give a copy of a signed
acknowledgement to the occupier before leaving
the premises.
(6) If, in any proceeding, a signed acknowledgment is
5 not produced to the court or a tribunal, it must be
presumed, until the contrary is proved, that the
occupier did not consent to the entry and search or
to the seizure or the taking of the thing.
267 Search warrants
10 (1) A police officer may apply to a magistrate for the
issue of a search warrant in relation to particular
premises or a vehicle located in a public place, if
the officer believes on reasonable grounds that
there is, or may be within the next 72 hours, on
15 the premises or in the vehicle evidence that a
person has committed a relevant offence.
(2) If a magistrate is satisfied by the evidence, on oath
or by affidavit, that there are reasonable grounds
to believe that there is, or may be within the next
20 72 hours, a thing, or thing of a particular kind,
connected with a relevant offence on the premises
or in the vehicle, the magistrate may issue the
search warrant in accordance with the
Magistrates' Court Act 1989.
25 268 Form and content of search warrant
(1) A search warrant issued under section 267(2) may
authorise the police officer named in the warrant
to enter premises or the vehicle specified in the
warrant, if necessary by force, and do any of the
30 following--
(a) if the officer believes on reasonable grounds
that a thing, or thing of a particular kind,
named or described in the warrant is
connected with the alleged offence--
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(i) search for the thing;
(ii) seize the thing;
(iii) secure the thing against interference;
(iv) examine, inspect and take and keep
5 samples of the thing;
(b) in the case of any document, or document of
a particular kind, named or described in the
warrant, if the officer believes on reasonable
grounds that the document is connected with
10 the alleged offence--
(i) require the document to be produced
for inspection;
(ii) examine, make copies or take extracts
from the document, or arrange for the
15 making of copies or the taking of
extracts;
(iii) remove the document for so long as is
reasonably necessary to make copies or
take extracts from the document;
20 (c) make any still or moving image or audio-
visual recording of any thing of a particular
kind named or described in the warrant, if
the officer believes on reasonable grounds
that it is connected with the alleged offence.
25 (2) A search warrant issued under section 267(2) must
state--
(a) the purpose for which the search is required
and the nature of the alleged offence; and
(b) any conditions to which the warrant is
30 subject; and
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(c) whether entry is authorised to be made at any
time of the day or night or during specified
hours of the day or night; and
(d) a day, not later than 28 days after the issue of
5 the warrant, on which the warrant ceases to
have effect.
(3) For the avoidance of doubt, a power referred to in
subsection (1) to enter and search premises
includes a power to enter and search a vehicle on
10 the premises.
(4) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
warrants issued under section 267(2).
15 269 Announcement before entry
(1) On executing a search warrant issued under
section 267(2), the police officer named in the
warrant--
(a) must announce that he or she is authorised
20 by the warrant to enter the premises; and
(b) if the officer has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to the
premises.
25 (2) A police officer is not required to comply with
subsection (1) if he or she believes on reasonable
grounds that immediate entry to the premises is
required to ensure--
(a) the safety of any person; or
30 (b) that the effective execution of the search
warrant is not frustrated.
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270 Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
search warrant is being executed, the police
officer must--
5 (a) identify himself or herself to the occupier;
and
(b) give to the occupier a copy of the warrant.
(2) If the occupier is not present at premises where a
search warrant is being executed, the police
10 officer must--
(a) identify himself or herself to a person at the
premises; and
(b) give to the person a copy of the warrant.
271 Seizure of things not mentioned in the warrant
15 A search warrant issued under section 267(2)
authorises a police officer named in the warrant,
in addition to the seizure of any thing of the kind
described in the warrant, to seize or take a sample
of any thing which is not of the kind described in
20 the warrant if--
(a) the officer believes on reasonable grounds
that the thing--
(i) is of a kind which could have been
included in a search warrant issued
25 under this Division; or
(ii) will afford evidence about the
commission of any offence (whether or
not a relevant offence); and
(b) in the case of the seizure of a thing, the
30 officer believes on reasonable grounds that it
is necessary to seize that thing in order to
prevent its concealment, loss or destruction
or its use in the commission of an offence
(whether or not a relevant offence).
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272 Retention and return of seized things
(1) If a police officer seizes a thing under this
Division (other than a thing that is the property of
the State), the officer must take reasonable steps
5 to return it to the person from whom it was seized
if--
(a) the reason for its seizure no longer exists;
and
(b) the thing is not required, or likely to be
10 required, in connection with any
investigation or proposed investigation under
Part 7, 9 or 10.
(2) If the thing seized has not been returned within
6 months after it was seized, the police officer
15 must take reasonable steps to return it unless--
(a) a proceeding for the purpose for which the
thing was retained has commenced within
that 6 month period and that proceeding
(including any appeal) has not been
20 completed; or
(b) an investigation under Part 7, 9 or 10 to
which the thing is relevant has commenced
within that 6 month period and that
investigation has not been completed; or
25 (c) the Magistrates' Court makes an order under
section 273 extending the period during
which the thing may be retained.
273 Magistrates' Court may extend 6 month period
(1) A police officer may apply to the Magistrates'
30 Court within 6 months after seizing a thing under
this Division for an extension of the period for
which the officer may retain the thing.
(2) The Magistrates' Court may order such an
extension if satisfied that retention of the thing is
35 necessary--
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(a) for the purposes of an investigation into
whether a relevant offence has occurred; or
(b) to enable evidence of the commission of a
relevant offence to be obtained for the
5 purposes of a prosecution; or
(c) for the purposes of an investigation or
proposed investigation under Part 7, 9 or 10.
274 Things seized may be used in connection with
investigations into conduct
10 A thing seized (whether under this or any other
Act) in relation to a relevant offence or an offence
punishable by imprisonment may be used in
connection with an investigation into the conduct
of a police officer under Part 7, 9 or 10.
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Part 15--General
s. 275
PART 15--GENERAL
275 Judicial notice
(1) All courts--
(a) must take judicial notice of the seal of a
5 person specified in subsection (2) affixed to
a document and, until the contrary is proved,
must presume that it was duly affixed; and
(b) must take judicial notice of the signature of a
person specified in subsection (2) on a
10 document and, until the contrary is proved,
must presume that the document was duly
signed by the person.
(2) The following persons are specified for the
purposes of subsection (1)--
15 (a) the Chief Commissioner;
(b) an Acting Chief Commissioner;
(c) a Deputy Commissioner;
(d) an Acting Deputy Commissioner;
(e) an Assistant Commissioner;
20 (f) an Acting Assistant Commissioner.
276 Voluntary DNA samples for elimination purposes
(1) The Chief Commissioner may request a member
of Victoria Police personnel to volunteer, under
section 464ZGFA of the Crimes Act 1958, to
25 give a sample of material from which a DNA
profile may be derived.
(2) If a member of Victoria Police personnel
volunteers, under section 464ZGFA of the Crimes
Act 1958, to give a sample of material from which
30 a DNA profile may be derived, the Chief
Commissioner must comply with the requirements
of sections 464ZGFA and 464ZGFB of that Act.
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277 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing that is
required or permitted to be prescribed or
5 necessary to be to give effect to this Act
including, but not limited to, the matters and
things specified in Schedule 5.
(2) Regulations made under this Act--
(a) may be of general or limited application; and
10 (b) may differ according to differences in time,
place or circumstances; and
(c) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
15 issued, prescribed or published by any
person whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) formulated, issued, prescribed or
20 published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
(d) may leave anything for the approval or
25 satisfaction of a specified person; and
(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 any
of the provisions of the regulations, whether
30 unconditionally or on specified conditions,
and either wholly or to such an extent as
specified; and
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(f) may impose penalties not exceeding
20 penalty units for contravention of the
regulations.
(3) A power conferred by this Act to make
5 regulations providing for the imposition of fees
may be exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
10 (c) minimum fees;
(d) fees that vary according to value and time;
(e) the waiver or reduction of fees.
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Part 16--Repeals, Amendments and Transitional Provisions
s. 278
PART 16--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS
Division 1--Police Regulation Act 1958
278 Change of short title
5 In section 1 of the Police Regulation Act 1958,
after "Regulation" insert "(Pensions)".
279 Definitions
(1) In section 3(1) of the Police Regulation Act 1958
insert the following definition--
10 "Chief Commissioner means the Chief
Commissioner of Police appointed under
section 17 of the Victoria Police Act 2013;".
(2) In section 3(1) of the Police Regulation Act
1958, for the definition of police reservist
15 substitute--
"police reservist means a person who held office
as a police reservist under Part VI
immediately before the commencement of
section 282 of the Victoria Police Act
20 2013;".
(3) In section 3(1) of the Police Regulation Act
1958, the definitions of agency photograph,
authorised media organisation, chief executive,
directed transfer, former member of police
25 personnel, IBAC, IBAC Officer, journalism, law
enforcement agency, legal practitioner, media
organisation, member of police personnel,
Ombudsman, police force of another
jurisdiction, police gaol, Police Profession
30 Register, prison, Professional Standards
Division, professional standards function,
protected disclosure complaint, protective
services officer, PRS Board, PRS Board officer,
public authority, public officer, Registration
35 Division, registration function, Review Division,
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s. 280
review function and Victorian Inspectorate are
repealed.
(4) Section 3(4) of the Police Regulation Act 1958 is
repealed.
5 280 Repeals in Part I (Appointments and Retirements)
Sections 4, 4AA, 4AB, 5, 6, 6A, 8, 8AB, 8AC,
8A, 9, 9A, 10, 11, 13, 14, 15, 16, 16A(1), 16B
and 16C of the Police Regulation Act 1958 are
repealed.
10 281 Repeal of Parts II, IV, IVAA, IVA, IVB, V, VAA,
VA and VC
Parts II, IV, IVAA, IVA, IVB, V, VAA, VA
and VC of the Police Regulation Act 1958 are
repealed.
15 282 Repeals and amendments in Part VI (Retired Police
Reserve)
In the Police Regulation Act 1958--
(a) section 103 is repealed;
(b) in section 104, omit "for appointment as or";
20 (c) sections 105, 106, 107, 108, 109, 110, 111,
112, 113, 115B, 116, 117 and 118 are
repealed.
283 Repeal of Parts VIA, VIB and VIC
Parts VIA, VIB and VIC of the Police Regulation
25 Act 1958 are repealed.
284 Repeals in Part VII
Sections 120, 120A, 120B, 121, 122, 123, 124,
124A, 125, 126, 127, 127A, 128, 129, 129A,
130(1)(d), (da), (db), (dc), (dd), (de), (dea), (df),
30 (dg), (dh), (f), (g), (ga), (h), (i), (ia), (ib) and (ic),
131, 134 and 135 of the Police Regulation Act
1958 are repealed.
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285 Repeal of First Schedule and Second Schedule
The First Schedule and Second Schedule to the
Police Regulation Act 1958 are repealed.
286 Repeal of Division
5 This Division is repealed on 1 December 2015.
Note
The repeal of this Division does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
10 Division 2--Transitional provisions
287 Transitional provisions
Schedule 6 has effect.
__________________
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Sch. 1
SCHEDULES
SCHEDULE 1
Sections 17(2), 21(3) and 24(4) and (5).
CHIEF COMMISSIONER, DEPUTY CHIEF
5 COMMISSIONERS AND ASSISTANT COMMISSIONERS
PART 1--CHIEF COMMISSIONER
1 Terms and conditions of appointment of Chief
Commissioner
(1) The Chief Commissioner holds office for the
10 period, not exceeding 5 years, specified in his or
her instrument of appointment.
(2) The Chief Commissioner is eligible to be
reappointed.
(3) The Chief Commissioner is appointed on the
15 terms and conditions (including remuneration and
allowances) that are specified in his or her
instrument of appointment.
2 When does the Chief Commissioner's office become
vacant?
20 The office of Chief Commissioner becomes
vacant if the Chief Commissioner--
(a) becomes an insolvent under administration;
or
(b) becomes a represented person within the
25 meaning of the Guardianship and
Administration Act 1986; or
(c) resigns or retires in accordance with
clause 3; or
(d) is removed from office under clause 4.
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3 Resignation or retirement of Chief Commissioner
(1) The Chief Commissioner may resign or retire by
giving written notice of not less than 3 months to
the Governor in Council.
5 (2) Despite subclause (1), the Governor in Council
may accept the resignation or retirement of the
Chief Commissioner on less than 3 months notice.
4 Removal of Chief Commissioner
(1) The Governor in Council may remove the Chief
10 Commissioner from office on the recommendation
of the Minister on any of the grounds specified in
subclause (2).
(2) The grounds for removal are that the Chief
Commissioner--
15 (a) has engaged in misconduct; or
(b) is found guilty in Victoria of an indictable
offence or elsewhere of an offence that, if
committed in Victoria, would be an
indictable offence; or
20 (c) has engaged in paid employment outside the
office of Chief Commissioner without the
prior consent of the Minister; or
(d) has brought Victoria Police into disrepute; or
(e) has neglected his or her duties; or
25 (f) is incapable of, or inefficient in, performing
his or her duties.
5 Suspension of Chief Commissioner
(1) The Governor in Council may suspend the Chief
Commissioner from office on the recommendation
30 of the Minister.
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(2) The Minister may recommend suspension under
subclause (1) only if he or she believes that
grounds may exist for the removal of the Chief
Commissioner from office under clause 4.
5 (3) The Governor in Council may lift the suspension
and restore the Chief Commissioner to office at
any time.
(4) The Governor in Council must lift the suspension
and restore the Chief Commissioner to office at
10 the expiry of the period of 30 days after the date
of the suspension unless--
(a) the suspension has been lifted earlier under
subclause (3); or
(b) the Chief Commissioner has been removed
15 from office under clause 4.
PART 2--DEPUTY COMMISSIONERS
6 Terms and conditions of appointment of Deputy
Commissioners
(1) A Deputy Commissioner holds office for the
20 period, not exceeding 5 years, specified in his or
her instrument of appointment.
(2) A Deputy Commissioner is eligible to be
reappointed.
(3) A Deputy Commissioner is appointed on the terms
25 and conditions (including remuneration and
allowances) that are specified in his or her
instrument of appointment.
7 When does a Deputy Commissioner's office become
vacant?
30 The office of a Deputy Commissioner becomes
vacant if the Deputy Commissioner--
(a) becomes an insolvent under administration;
or
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(b) becomes a represented person within the
meaning of the Guardianship and
Administration Act 1986; or
(c) resigns or retires in accordance with
5 clause 8; or
(d) is removed from office under clause 9.
8 Resignation or retirement of Deputy Commissioners
(1) A Deputy Commissioner may resign or retire by
giving written notice of not less than 3 months to
10 the Governor in Council.
(2) Despite subclause (1), the Governor in Council
may accept the resignation or retirement of a
Deputy Commissioner on less than 3 months
notice.
15 9 Removal of Deputy Commissioners
(1) The Governor in Council may remove a Deputy
Commissioner from office on the recommendation
of the Minister on any of the grounds specified in
subclause (2).
20 (2) The grounds for removal are that the Deputy
Commissioner--
(a) has engaged in misconduct; or
(b) is found guilty in Victoria of an indictable
offence or elsewhere of an offence that, if
25 committed in Victoria, would be an
indictable offence; or
(c) has engaged in paid employment outside the
office of Deputy Commissioner without the
prior consent of the Chief Commissioner; or
30 (d) has brought Victoria Police into disrepute; or
(e) has neglected his or her duties; or
(f) is incapable of, or inefficient in, performing
his or her duties.
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(3) The Minister must consult the Chief
Commissioner before recommending that a
Deputy Commissioner be removed from office.
10 Suspension of Deputy Commissioner
5 (1) The Governor in Council may suspend a Deputy
Commissioner from office on the recommendation
of the Minister.
(2) The Minister may recommend suspension under
subclause (1) only if he or she believes that
10 grounds may exist for the removal of the Deputy
Commissioner from office under clause 9.
(3) The Governor in Council may lift the suspension
and restore the Deputy Commissioner to office at
any time.
15 (4) The Governor in Council must lift the suspension
and restore the Deputy Commissioner to office at
the expiry of the period of 30 days after the date
of the suspension unless--
(a) the suspension has been lifted earlier under
20 subclause (3); or
(b) the Deputy Commissioner has been removed
from office under clause 9.
PART 3--ASSISTANT COMMISSIONERS
11 Employment of Assistant Commissioners governed
25 by contract
(1) The employment of an Assistant Commissioner is
to be governed by a contract of employment
between the Assistant Commissioner and the
Chief Commissioner.
30 (2) The contract must be in writing and be signed by
or on behalf of the Assistant Commissioner and
the Chief Commissioner.
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(3) The contract must specify the date on which it
expires which must not be more than 5 years after
the date on which it comes into force.
(4) Performance criteria contained in the contract
5 must relate to management matters only.
(5) The contract may be varied at any time by a
further contract between the Assistant
Commissioner and the Chief Commissioner but its
term cannot be increased beyond 5 years.
10 12 Disciplinary standards
(1) The contract of employment of an Assistant
Commissioner must hold the Assistant
Commissioner to standards of discipline that are at
least as high as those generally applicable to
15 police officers under this Act.
(2) In particular, the contract must provide that the
Chief Commissioner may terminate the contract if
satisfied that the Assistant Commissioner has
committed a breach of discipline.
20 (3) Subclause (2) does not limit the grounds that may
be specified in the contract for termination of the
contract by the Chief Commissioner.
(4) Part 7 of this Act (other than section 125) does not
apply to an Assistant Commissioner.
25 13 Ill-health retirement
(1) The contract of employment of an Assistant
Commissioner must provide for the Chief
Commissioner to cause the Assistant
Commissioner to be retired in similar
30 circumstances to those in which a police officer
may be retired under section 67.
(2) Section 67 does not apply to an Assistant
Commissioner.
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14 Incapacity for duty
Division 6 of Part 4 of this Act does not apply to
an Assistant Commissioner.
15 Reduction in remuneration
5 The Chief Commissioner may reduce the
remuneration of an Assistant Commissioner in
any manner that is consistent with the terms and
conditions of the contract of employment.
16 Termination of employment by Chief Commissioner
10 The Chief Commissioner may terminate the
employment of an Assistant Commissioner for
any reason consistent with the terms and
conditions of the contract of employment.
17 No compensation
15 (1) An Assistant Commissioner is not entitled to any
compensation as a result of--
(a) the termination of his or her employment as
an Assistant Commissioner; or
(b) his or her remuneration being reduced.
20 (2) Subclause (1) is subject to the Assistant
Commissioner's contract of employment.
18 Resignation or retirement of Assistant
Commissioners
(1) An Assistant Commissioner may resign or retire
25 by giving written notice of not less than 3 months
to the Chief Commissioner.
(2) Despite subclause (1), the Chief Commissioner
may accept the resignation or retirement of an
Assistant Commissioner on less than 3 months
30 notice.
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19 Right of reversion to former rank on termination or
expiry of contract
(1) This clause applies if--
(a) a person was a police officer immediately
5 before his or her first employment as an
Assistant Commissioner; and
(b) since that first employment the person has
been continuously employed as an Assistant
Commissioner; and
10 (c) the person ceases to be employed as an
Assistant Commissioner--
(i) for any reason on the initiative of the
Chief Commissioner (other than where
the employment is terminated for
15 breach of discipline or for any other
disciplinary reason, or where the
Assistant Commissioner is retired on
the ground of ill-health); or
(ii) because of the expiry of his or her
20 contract of employment.
(2) The person is entitled to revert to his or her
appointment as a police officer at the rank he or
she held immediately before his or her first
employment as an Assistant Commissioner.
25 (3) The regulations may specify how the
remuneration to which the person is entitled on his
or her reversion under this clause is to be
determined.
(4) A person who exercises his or her entitlement
30 under this clause is not entitled to any payment in
lieu of notice on the termination of his or her
contract of employment as an Assistant
Commissioner despite anything to the contrary in
the contract.
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(5) A person may exercise an entitlement under this
clause even if that would result in non-compliance
with an Order in effect under section 15(1).
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SCHEDULE 2
Sections 50(2) and 192(2)
OATHS AND AFFIRMATIONS
FORM 1
5 OATH OR AFFIRMATION FOR POLICE OFFICERS
I [insert name] [swear by Almighty God/do solemnly and
sincerely affirm] that I will well and truly serve our Sovereign
Lady the Queen as a police officer in Victoria in any capacity in
which I may be appointed, promoted, or reduced to, without
10 favour or affection, malice or ill-will for the period of [insert
period] from this date, and until I am legally discharged, that I
will see and cause Her Majesty's peace to be kept and preserved,
and that I will prevent to the best of my power all offences, and
that while I continue to be a police officer I will to the best of
15 my skill and knowledge discharge all the duties legally imposed
on me faithfully and according to law.
FORM 2
OATH OR AFFIRMATION FOR PROTECTIVE SERVICES
OFFICERS
20 I [insert name] [swear by Almighty God/do solemnly and
sincerely affirm] that I will well and truly serve our Sovereign
Lady the Queen as a protective services officer in Victoria,
without favour or affection, malice or ill-will, that I will see and
cause Her Majesty's peace to be kept and preserved, and that I
25 will prevent to the best of my power all offences, and that while
I continue to be a protective services officer I will to the best of
my skill and knowledge discharge all the duties legally imposed
on me faithfully and according to law.
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FORM 3
OATH OR AFFIRMATION FOR SPECIAL CONSTABLES
I [insert name] [swear by Almighty God/do solemnly and
sincerely affirm] that I will well and truly serve our Sovereign
5 Lady the Queen as a special constable in Victoria, without
favour or affection, malice or ill-will, that I will see and cause
Her Majesty's peace to be kept and preserved, and that I will
prevent to the best of my power all offences, and that while I
continue to be a special constable I will to the best of my skill
10 and knowledge discharge all the duties legally imposed on me
faithfully and according to law.
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SCHEDULE 3
Section 64
LONG SERVICE LEAVE
1 Application of Schedule
5 This Schedule applies to--
(a) all police officers other than the Chief
Commissioner or a Deputy Commissioner;
and
(b) all protective services officers.
10 2 Basic entitlement to long service leave
(1) A police officer or protective services officer who
has 10 years of service is entitled to 3 months'
long service leave with pay in accordance with the
regulations.
15 (2) For each additional period of 5 years service, the
officer is entitled to 1·5 months' long service leave
with pay in accordance with the regulations.
3 Leave on half pay
At the request of a police officer or protective
20 services officer, the Chief Commissioner may
allow the officer to take the whole or any part of
long service leave at half pay for a period equal to
twice the period to which he or she would
otherwise be entitled.
25 4 Time of taking leave
The Chief Commissioner may determine the time
for granting long service leave so that Victoria
Police will not be unduly affected by the granting
of long service leave to numbers of police officers
30 or protective services officers at or about the same
time.
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5 Payment in place of long service leave--retirement
or death
(1) A police officer or protective services officer who
has at least 4 years service is entitled, or in the
5 case of death is taken to have been entitled, to an
amount of long service leave with pay equalling
1
/40 of the officer's eligible period of service if--
(a) the officer retires or is retired under
section 67; or
10 (b) the officer dies.
(2) For the purposes of subsection (1), eligible period
of service means--
(a) if the period of service is less than
10 years--that period of service; or
15 (b) if the period of service is 10 years or more--
the period of service that does not give rise
to an entitlement to long service leave under
clause 2.
(3) A police officer or protective services officer who
20 retires or is retired on account of age or ill health
may elect, by written notice given to the Minister,
to take pay in lieu of the whole or any part of his
or her long service leave entitlement under this
clause and clause 2.
25 (4) If a police officer or protective services officer
who is entitled to long service leave dies before or
while taking the leave, or before being paid in lieu
of the leave, the outstanding amount in respect of
the leave entitlement is to be paid to his or her
30 personal representative.
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6 Payment in place of long service leave--resignation
or other termination
(1) A police officer or protective services officer who
has at least 10 years service is entitled to be paid
5 in lieu of long service leave an amount determined
by the Chief Commissioner not exceeding an
amount representing pay for services for 1/40 of the
officer's period of service if--
(a) the officer resigns; or
10 (b) the officer's appointment is terminated in any
other way, other than retirement on account
of age or ill health.
(2) Subclause (1) does not entitle a police officer or
protective services officer to payment of an
15 amount in respect of any part of his or her service
for which long service leave with pay, or pay in
lieu of long service leave, has been taken by the
officer.
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SCHEDULE 4
Section 127(2)
REPORTABLE OFFENCES
PART 1--LEVEL 1, 2, 3 OR 4 OFFENCES OR THEIR
5 EQUIVALENT
1.1 Any level 1, 2, 3 or 4 offence.
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
10 (c) both level 1, 2, 3 or 4 imprisonment and a level 1, 2,
3 or 4 fine.
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
15 of 1800 penalty units or more, or both.
PART 2--OTHER CRIMES ACT OFFENCES
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
20 Act 1958.
2.2 Sexual offences
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), 60A(1), 68, 69 or 70(1) of the Crimes Act 1958.
25 2.3 Child stealing
An offence under section 63 of the Crimes Act 1958.
2.4 Theft
An offence under section 74 of the Crimes Act 1958.
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2.5 Burglary
An offence under section 76 of the Crimes Act 1958.
2.6 Fraud
An offence under section 81, 82, 83, 83A or 86 of the
5 Crimes Act 1958.
2.7 Secret commissions
An offence under section 176, 178 or 181 of the Crimes
Act 1958.
2.8 Destroying or damaging property
10 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.
2.9 False statements
15 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.
2.11 Offences connected with explosive substances
20 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
30 referred to elsewhere in this Schedule.
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2.14 Attempts
An offence--
(a) under section 321M or 321O(2) of the Crimes Act
1958 of attempting to commit an indictable offence
5 referred to elsewhere in this Schedule; or
(b) an offence under section 321O(1) of the Crimes Act
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
10 referred to elsewhere in this Schedule.
2.15 Accessories
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
15 Schedule.
2.16 Concealing offences for benefit
An offence under section 326 of the Crimes Act 1958 in
relation to a serious indictable offence (within the
meaning of that section) referred to elsewhere in this
20 Schedule.
2.17 Escapes
An offence under section 479A, 479B or 479C of the
Crimes Act 1958.
PART 3--OTHER STATUTORY OFFENCES
25 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;
(b) Firearms Act 1996;
30 (c) Sex Work Act 1994;
(d) Road Safety Act 1986.
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3.2 An offence under section 100 of the Personal Safety
Intervention Orders Act 2010.
3.3 An offence under section 227, 228, 252 or 253 of this
Act.
5 3.4 An offence under section 37, 37A, 123, 123A or 125A of
the Family Violence Protection Act 2008.
PART 4--COMMON LAW OFFENCES
4. The following offences at common law (not being an
offence referred to in Part 1)--
10 (a) common assault involving an allegation of--
(i) any physical injury; or
(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
15 alleged physical injury);
(b) false imprisonment;
(c) affray;
(d) bribery of public official;
(e) misconduct in public office.
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SCHEDULE 5
SUBJECT MATTER FOR REGULATIONS
Section 277
PART 1--VICTORIA POLICE
5 1.1 Prescribing any person or body for the purposes of
section 10(4)(k).
PART 2--DUTIES, POWERS, ENTITLEMENTS AND
PROTECTION
2.1 Authorising the Chief Commissioner to determine
10 procedures, qualifications, skills, attributes, medical
requirements and physical requirements for appointment
as--
(a) a police recruit; or
(b) a police officer; or
15 (c) a protective services officer.
2.2 The government of police officers, protective services
officers and police recruits.
2.3 Permitting police officers to accept appointment as
officers or members of the police force of another
20 jurisdiction.
2.4 Regulating the conduct of--
(a) police officers while serving as officers or
members of the police force of another jurisdiction;
or
25 (b) officers or members of the police force of another
jurisdiction while serving as police officers.
2.5 Requiring police officers to reside in the district or
sub-district to which they are attached to reside in any
particular premises within the district or sub-district
30 which are provided for the use of and allocated to those
officers.
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2.6 Specifying the remuneration to which Assistant
Commissioners exercising their right to return are
entitled, including any method for calculating the
increment.
5 2.7 Authorising the Chief Commissioner to grant leave with
or without pay to a Deputy Commissioner or an Assistant
Commissioner and the effect of that leave on any other
entitlement that Deputy Commissioner or Assistant
Commissioner may have or may come to have under the
10 Act or regulations.
2.8 Prescribing places to be designated places for the
purposes of section 52(3).
2.9 The criteria and procedures for promotion and transfer of
protective services officers.
15 2.10 A rank structure for protective services officers.
2.11 Long service leave for police officers and protective
services officers.
2.12 Any matter relating to the efficiency of protective
services officers in the performance of their duties.
20 2.13 Any matter necessary or expedient to promote the
efficiency of Victoria Police or to promote the efficient
discharge of duties by any police officer or protective
services officer or class of police officers or protective
services officers.
25 2.14 Prescribing actions or conduct to be police torts and
actions, claims or proceedings to be police tort claims for
the purposes of Division 8 of Part 4.
PART 3--EDUCATION AND TRAINING
3.1 Prescribing minimum education or training standards for
30 various positions within Victoria Police or for re-entry of
former police officers into Victoria Police.
3.2 Prescribing minimum education and training standards
for the professional development of police officers.
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3.3 Prescribing requirements for appointment or
reappointment to Victoria Police in addition to any
requirements specified in this Act.
PART 4--EMPLOYMENT AND DISCIPLINE PROCEEDINGS
5 4.1 Any proceedings under--
(a) Division 6 of Part 4; or
(b) Part 7.
4.2 Prescribing scales of fees or expenses to be paid to
witnesses appearing before the PRS Board and the
10 classes of cases in which any prescribed fees or expenses
may be paid.
PART 5--DRUG AND ALCOHOL TESTING
5.1 The persons authorised--
(a) to administer breath tests or to conduct breath
15 analyses or other tests for the purpose of detecting
the presence of alcohol or a drug of dependence;
and
(b) to operate equipment for that purpose.
5.2 The circumstances in which a breath sample, urine
20 sample, blood sample, oral fluid sample, buccal swab or
hair sample may be taken.
5.3 The procedure for the taking of samples of breath, urine,
blood, oral fluid and hair and buccal swabs.
5.4 The devices used in carrying out breath tests, breath
25 analyses and other tests, including calibration, inspection
and testing of those devices.
5.5 The accreditation of persons conducting analyses for the
presence of a drug of dependence.
5.6 The procedure for handling and analysis of samples of
30 urine, blood, oral fluid and hair and buccal swabs.
5.7 Offences relating to interference with test results or the
testing procedure.
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5.8 The handing and confidentiality of test results.
5.9 Information to be included in the annual report of the
Chief Commissioner under section 12 in relation to
Part 5.
5 PART 6--COMPLAINTS AND INVESTIGATIONS ABOUT
POLICE
6.1 The investigation of complaints about the conduct of
police officers.
PART 7--FEES AND CHARGES
10 7.1 Prescribing fees or charges that may be imposed for the
provision of services by police officers or Victoria Police
employees.
7.2 Prescribing fees for applications by media organisations
for authorisation to be given agency photographs.
15 7.3 Prescribing fees for applications by authorised media
organisations for the giving of agency photographs.
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SCHEDULE 6
TRANSITIONAL PROVISIONS
Section 287
PART 1--PRELIMINARY
5 1 Definitions
In this Schedule--
commencement day means the day on which
section 278 of this Act comes into operation;
old Act means the Police Regulation Act 1958 as
10 in force immediately before the
commencement day;
the force has the same meaning as in section 3(1)
of the old Act.
2 General transitional provisions
15 (1) Except where the contrary intention appears, this
Schedule does not affect or take away from the
Interpretation of Legislation Act 1984.
(2) If a repealed provision of the old Act continues to
apply by force of this Schedule, the following
20 provisions also continue to apply in relation to
that provision--
(a) any other repealed provisions of the old Act
necessary to give effect to that provision; and
(b) any regulations made under the old Act for
25 the purposes of that provision.
3 Transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
30 nature, arising as a result of the enactment of this
Act.
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(2) Regulations under this clause may have a
retrospective effect to the commencement day or a
day after the commencement day.
(3) Regulations under this clause have effect despite
5 anything to the contrary--
(a) in any Act (other than this Act or the
Charter of Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
10 (4) This clause is repealed on the second anniversary
of its commencement.
4 Change of name of old Act
A reference to the Police Regulation Act 1958 in
any Act (other than this Act), subordinate
15 instrument, agreement, deed or other document
must be construed as a reference to the Police
Regulation (Pensions) Act 1958--
(a) so far as the reference relates to any period
on or after the commencement day; and
20 (b) if not inconsistent with the subject matter.
PART 2--VICTORIA POLICE
5 Victoria Police succeeds the force
On the commencement day, Victoria Police
succeeds the force.
25 6 Superseded references to the force and members of
the force
(1) A reference in any Act (other than this Act),
subordinate instrument, agreement, deed or other
document to the force or the police force (in
30 relation to Victoria) must be construed as a
reference to Victoria Police--
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(a) so far as the reference relates to any period
on or after the commencement day; and
(b) if not inconsistent with the subject matter.
(2) A reference in any Act (other than this Act),
5 subordinate instrument, agreement, deed or other
document to a member of the force or a member
of the police force (in relation to Victoria) must be
construed as a reference to a police officer--
(a) so far as the reference relates to any period
10 on or after the commencement day; and
(b) if not inconsistent with the subject matter.
PART 3--VICTORIA POLICE PERSONNEL
7 Chief Commissioner
The person who held office as Chief
15 Commissioner under section 4(1) of the old Act
immediately before the commencement day
continues to be the Chief Commissioner on and
after that day, on the same terms and conditions,
as if he or she had been appointed under section
20 17 of this Act and is eligible for reappointment.
8 Deputy Commissioners
A person who held office as a Deputy
Commissioner under section 4(2) of the old Act
immediately before the commencement day
25 continues to be a Deputy Commissioner on and
after that day, on the same terms and conditions,
as if he or she had been appointed under section
21 of this Act and is eligible for reappointment.
9 Assistant Commissioners
30 (1) A person who held employment under Part 3 of
the Public Administration Act 2004 as an
Assistant Commissioner immediately before the
commencement day continues to be an Assistant
Commissioner on and after that day, in
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accordance with his or her current contract of
employment under that Act, for the remainder of
that contract, as if he or she had been employed
under section 24 of this Act.
5 (2) A person referred to in subclause (1) may
subsequently be employed as an Assistant
Commissioner under section 24 of this Act before,
on or after the expiry or termination of his or her
contract of employment under Part 3 of the Public
10 Administration Act 2004.
10 Other members of the force
A person appointed under section 8 of the old Act
who held office as a member of the force
immediately before the commencement day
15 continues to hold office as a police officer on and
after that day, at the rank, position and seniority
which he or she held immediately before the
commencement day, and on the same terms and
conditions, as if he or she had been appointed
20 under section 27 of this Act.
11 Police recruits
A person appointed under section 8A of the old
Act who held office as a police recruit
immediately before the commencement day
25 continues to be a police recruit on and after that
day on the same terms and conditions, as if he or
she had been employed under section 36 of this
Act.
12 Protective services officers
30 A person appointed under section 118B of the old
Act who held office as a protective services
officer immediately before the commencement
day continues to hold office as a protective
services officer on and after that day, at the rank,
35 position and seniority which he or she held
immediately before the commencement day, and
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on the same terms and conditions, as if he or she
had been appointed under section 38 of this Act.
13 Special constables
A person appointed under section 102L of the old
5 Act who held office as a special constable
immediately before the commencement day
continues to hold office as a special constable on
and after that day, at the rank, position and
seniority which he or she held immediately before
10 the commencement day, and on the same terms
and conditions, as if he or she had been appointed
under section 191 of this Act.
14 Commissioned officers
A certification of a person referred to in this Part
15 as an officer of the force that was in force under
section 8(2) of the old Act immediately before the
commencement day is taken on and after that day
to be the certification of the person as a
commissioned officer of Victoria Police under
20 section 14 of this Act.
15 Probation
The provisions of the old Act and the regulations
made under the old Act for probation continue to
apply, on and after the commencement day, in
25 relation to an appointment or promotion made
under the old Act before that day and any period
of probation being served by a person referred to
in this Part immediately before the
commencement day continues to run on and after
30 that day.
16 Former members of police personnel and members
of the force
(1) A person who, immediately before the
commencement day, was a former member of
35 police personnel is taken, on and after that day, to
be a former member of Victoria Police personnel.
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(2) A person who, immediately before the
commencement day, was a former member of the
force is taken, on and after that day, to be a former
police officer.
5 (3) A reference in section 30 of this Act to a person
who has previously been a police officer includes
a reference to a person referred to in
subclause (2).
(4) In this clause--
10 member of police personnel has the meaning
given in section 3(1) of the old Act;
member of the force has the meaning given in
section 3(1) of the old Act.
PART 4--POLICE DUTIES, POWERS, ENTITLEMENTS AND
15 PROTECTION
17 Oath or affirmation
A person referred to in Part 3 of this Schedule or a
police reservist who took and subscribed an oath
or made and subscribed an affirmation under
20 section 13, 102M, 105 or 118C of the old Act
(as the case may be) is not required to take and
subscribe an oath or make and subscribe an
affirmation under section 50 or 192 of this Act
and is to be taken, for all purposes, to have taken
25 and subscribed the oath or made and subscribed
the affirmation required by whichever of those
sections applies to the person.
18 Determination of uniforms, equipment and other
standards
30 A determination in force under section 5(2) of the
old Act immediately before the commencement
day is taken on and after that day to be a
determination under section 62 of this Act.
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19 Chief Commissioner's instructions
An order or instruction in force under section 17
of the old Act immediately before the
commencement day is taken on and after that day
5 to be a Chief Commissioner's instruction issued
under section 60 of this Act.
20 Training agreements and sureties
An agreement or surety in force immediately
before the commencement day in accordance with
10 an Order made under section 129 of the old Act
continues in force on and after that day in
accordance with its tenor despite the repeal of that
section.
21 Long service leave
15 In determining the entitlements of a person
referred to in Part 3 of this Schedule to long
service leave under this Act, regard must be had
to--
(a) any period of service of the person under the
20 old Act before the commencement day; and
(b) any long service leave taken by the person
under the old Act before the commencement
day.
22 Resignation
25 (1) A person referred to in Part 3 of this Schedule
(other than an Assistant Commissioner) or a
police reservist who gave notice of resignation
under the old Act before the commencement day
is entitled to resign at the conclusion of the period
30 of notice required under that Act.
(2) An Assistant Commissioner referred to in Part 3
of this Schedule who gave notice of resignation
before the commencement day in accordance with
his or her contract of employment under Part 3 of
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the Public Administration Act 2004 is entitled to
resign in accordance with the contract.
23 Ill-health retirement
Section 16B of the old Act continues to apply on
5 and after the commencement day in relation to an
inquiry begun but not completed under that
section before that day.
24 Incapacity for duty
Division 4 of Part IV of the old Act continues to
10 apply on and after the commencement day in
relation to a notice of incapacity given to a person
under section 83 of the old Act before that day.
25 Police tort claims
Division 8 of Part 4 of this Act applies to a police
15 tort in respect of which a police tort claim is made
on or after the commencement day whether the
tort was alleged to have been committed before,
on or after that day.
PART 5--DRUG AND ALCOHOL TESTING
20 26 Critical incident testing
The Chief Commissioner may give a testing
direction under Division 2 of Part 5 of this Act in
relation to a critical incident that occurred before,
on or after the commencement day.
25 27 Use of samples and testing results obtained under
the old Act
(1) Sections 85C and 85E of the old Act continue to
apply on and after the commencement day as if a
reference in those sections to an investigation
30 under Part IV, IVA or IVB included a reference to
an investigation under Division 6 of Part 4, Part 7,
Part 9 or Part 10 of this Act.
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(2) A reference in section 98 of this Act to the result
of any test includes the result of any test
conducted in accordance with a direction given
under Division 4A of Part IV of the old Act.
5 28 Offence to disclose identifying information
(1) A person must not, other than as required or
authorised by the old Act or the regulations made
under the old Act, or as required or authorised by
this Act or the regulations, disclose to any other
10 person the identity of a person to whom or in
respect of whom a direction was given under
Division 4A of Part IV of the old Act.
Penalty: 60 penalty units.
(2) Subclause (1) does not apply to a disclosure by--
15 (a) the person to whom or in respect of whom a
direction was given under Division 4A of
Part IV of the old Act; or
(b) the IBAC or an IBAC Officer.
(3) Subclause (1) does not apply to the disclosure of
20 information in a proceeding of a kind referred to
in section 85E(2) of the old Act as continued by
clause 27.
(4) To avoid doubt, section 232 of this Act does not
apply in relation to a person to whom a direction
25 was given under Division 4A of Part IV of the old
Act.
PART 6--POLICE REGISTRATION
29 Registration
A person who was registered on the Police
30 Profession Register under Part VAA of the old
Act immediately before the commencement day is
taken, on and after that day, to be registered on the
Police Profession Register under Part 6 of this Act
until his or her registration would have expired
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under the old Act, and may apply for renewal of
registration under Part 6 of this Act.
30 PRS Board
A person who was a member of the PRS Board
5 under the old Act immediately before the
commencement day continues to be a member of
the PRS Board on and after that day under this
Act on the same terms and conditions of
appointment for the balance of his or her term,
10 and is eligible for reappointment.
PART 7--DISCIPLINE
31 Disciplinary action commenced under old Act
(1) Division 2 of Part IV of the old Act continues to
apply on and after the commencement day to a
15 disciplinary matter that was commenced under
that Division but not determined before that day.
(2) For the purposes of subclause (1) a disciplinary
matter was commenced under Division 2 of Part
IV of the old Act when an investigation of it
20 began under section 70 of that Act.
(3) Division 3 of Part IV of the old Act continues to
apply on and after the commencement day in
relation to a person believed to have committed or
charged with an offence if the matter was
25 commenced under that Division but not
determined before that day.
(4) For the purposes of subclause (3) a matter was
commenced under Division 3 of Part IV of the old
Act when an investigation of it began under
30 section 79(1) of that Act.
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32 Disciplinary action under this Act
(1) Subject to subclause (2), Division 1 of Part 7 of
this Act applies on and after the commencement
day whether the conduct giving rise to the breach
5 of discipline occurred before, on or after that day.
(2) Division 1 of Part 7 of this Act does not apply in
relation to conduct occurring before the
commencement day that was or is the subject of
an investigation under section 70 of the old Act
10 held or commenced before that day.
(3) Subject to subclause (4), Division 2 of Part 7 of
this Act applies on and after the commencement
day in relation to a person believed to have
committed an offence before, on or after that day,
15 or who was charged with an offence alleged to
have been committed before, on or after that day.
(4) Division 2 of Part 7 of this Act does not apply in
relation to a person believed to have committed or
charged with an offence if the person is the
20 subject of an investigation under section 79 of the
old Act held or commenced before that day.
PART 8--APPEALS AND REVIEWS
33 Appeals and reviews under old Act
(1) Part IVAA of the old Act continues to apply on
25 and after the commencement day to an appeal or
review that was commenced but not determined
under that Part before that day.
(2) For the purposes of subclause (1)--
(a) an appeal was commenced when it was
30 lodged under section 86AC or 86AD of the
old Act; and
(b) a review was commenced when the
application for review was lodged under
section 86AI of the old Act.
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34 Appeals and reviews under this Act
(1) A person may appeal or apply for review under
Part 8 of this Act in respect of a decision made
under the old Act if--
5 (a) the person could appeal or apply for review
of the decision under Part 8 if it were made
under this Act; and
(b) in the case of a decision made before the
commencement day, the person had not
10 appealed or applied for review under the old
Act in respect of the decision before the
commencement day.
(2) To avoid doubt, subsection (1) applies whether the
decision was made before the commencement day
15 or, because of the operation of clause 24 or 31, on
or after the commencement day.
(3) A reference in section 141(3) of this Act to an
appeal lodged under that section includes a
reference to an appeal lodged under section 86AC
20 of the old Act before the commencement day.
(4) A reference in section 141(3) of this Act to an
appeal lodged under that section includes a
reference to an appeal lodged under section 86AD
of the old Act before the commencement day.
25 PART 9--POLICE COMPLAINTS AND PROTECTED
DISCLOSURE COMPLAINTS
35 Complaints made before the commencement day
(1) A complaint that was made under section 86L of
the old Act before the commencement day is
30 taken, on and after that day, to be a complaint
made under section 167 of this Act and may be
investigated, or continued to be investigated,
under Part 9 of this Act accordingly.
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(2) Subclause (1) does not apply if an investigation of
the complaint had been completed under the old
Act before the commencement day.
36 Protected disclosure complaints
5 (1) Part IVB of the old Act, as in force immediately
before the commencement day, continues to apply
on and after that day to the investigation of a
protected disclosure complaint that was
commenced before that day.
10 (2) Part 10 of this Act applies to a protected
disclosure complaint referred to the Chief
Commissioner by the IBAC before, on or after the
commencement day other than a protected
disclosure complaint to which subclause (1)
15 applies.
PART 10--CONFIDENTIALITY AND PRIVILEGE
37 Declaration of non-Victorian statutory insurance
scheme laws and persons as statutory insurance
scheme insurers
20 A declaration in force under section 118M of the
old Act immediately before the commencement
day is taken on and after that day to be declaration
in force under section 247 of this Act.
38 Requests for vehicle accident information made
25 before commencement day
A request for vehicle accident information made
under section 118N of the old Act that is
outstanding on the commencement day is taken to
be a request made under section 248 of this Act.
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39 Offences in relation to vehicle accident information
Section 251 of this Act applies to vehicle accident
information disclosed to a person under
section 118P of the old Act before the
5 commencement day as if it were vehicle accident
information disclosed to the under this Act.
40 Authorisation of media organisations
An authorisation in force under section 118W(1)
of the old Act immediately before the
10 commencement day is taken on and after that day
to be an authorisation under section 236(1) of this
Act.
41 Applications for and use of agency photographs
(1) An application for the giving of an agency
15 photograph made under section 118S of the old
Act that is outstanding on the commencement day
is taken to be an application made under
section 237 of this Act.
(2) An authorisation to give an agency photograph to
20 an authorised media organisation that was in force
under section 118R of the old Act immediately
before the commencement day is taken on and
after that day to be an authorisation under
section 236 of this Act to give an agency
25 photograph to that authorised media organisation.
PART 11--GENERAL
42 Declaration of incidents requiring urgent cross-
border assistance
A declaration in force under section 102Q of the
30 old Act immediately before the commencement
day is taken on and after that day to be a
declaration under section 196 of this Act.
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43 Disputed property in possession of police
Section 125 of the old Act continues to apply on
and after the commencement day in relation to an
application made but not determined under that
5 section before that day.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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