VICTORIA POLICE ACT 2013

Victorian Current Acts

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VICTORIA POLICE ACT 2013

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
3A. Declaration of designated place
4. Meaning of efficiency
5. Melbourne metropolitan area

PART 2--VICTORIA POLICE

Division 1--Constitution, role and functions

6. Victoria Police
7. Who constitutes Victoria Police?
8. Role of Victoria Police
9. General functions of Victoria Police

Division 2--Relationship with government

10. Ministerial directions
11. Minister's power to obtain information and reports
12. Annual report of Chief Commissioner

PART 3--VICTORIA POLICE PERSONNEL

Division 1--Ranks, commissions and numbers

13. Rank structure
14. Commissioned officers
15. Number of police officers and protective services officers

Division 2--Chief Commissioner

16. Role of Chief Commissioner
17. Appointment of Chief Commissioner
18. Appointment of Acting Chief Commissioner
19. Delegation by Chief Commissioner

Division 3--Deputy Commissioners

20. Role of Deputy Commissioners
21. Appointment of Deputy Commissioners
22. Appointment of Acting Deputy Commissioner
23. Deputy Commissioner may act temporarily as Chief Commissioner in certain circumstances

Division 4--Assistant Commissioners

24. Employment of Assistant Commissioners
25. Status of Assistant Commissioner as a police officer
26. Appointment of Acting Assistant Commissioner

Division 5--Other police officers

27. Appointment of police officers
28. Probation for appointment
29. Appointment of officers from other jurisdictions
30. Appointment of former police officers
31. Promotion of police officers
32. Probation for promotion
33. Transfer of police officers
34. Transfer on application or request
35. Directed transfer of police officers

Division 6--Police recruits

36. Employment of police recruits

Division 7--Protective services officers

37. Functions of protective services officers
38. Appointment of protective services officers
39. Probation for appointment
40. Promotion of protective services officers
41. Probation for promotion
42. Transfer of protective services officers
43. Transfer on application or request
44. Directed transfer of protective services officers
44A. Validation of promotion of protective services officers to rank of protective services officer senior in the same position on or after 1 April 2020

Division 8--Police reservists

45. Status of police reservists
46. Duty to act under direction and control
47. Training
48. Resignation
49. Suspension and termination of appointment

PART 4--POLICE DUTIES, POWERS, ENTITLEMENTS, PROTECTION AND LIABILITY

Division 1--Oath or affirmation of office

50. Oath or affirmation of office

Division 2--General duties and powers

51. Duties and powers of police officers
52. Duties and powers of protective services officers
53. Proof of office
54. Temporary cessation of powers during leave or secondment
55. Permanent cessation of powers

Division 3--Specific duties and powers

56. Execution of process and warrants
57. Disposal of unclaimed property
58. Disputed property in possession of police
59. Assistance to coroners
59A. Powers relating to police premises—requests and directions
59B. Powers relating to police premises—removal and arrest
59C. Powers relating to police premises—certain rights not limited

Division 4--Chief Commissioner's instructions, code of conduct and determinations

60. Chief Commissioner's instructions
61. Personnel to comply with the Chief Commissioner's instructions
61A. Code of conduct
61B. Personnel to comply with the code of conduct
62. Determination of uniforms and other equipment and other standards

Division 5--General employment matters

63. Training courses
64. Long service leave
65. Resignation and retirement
66. Abandonment of appointment
67. Ill-health retirement

Division 6--Incapacity for duty

68. Definitions
69. Notice of incapacity
70. Determination of incapacity

Division 7--Protections

71. Protection of people executing warrants

Division 8--Liability for tortious conduct by police and protective services officers

72. What is a police tort?
73. What is a police tort claim?
74. Liability of the State for police torts
75. How can police tort claims be made?
76. Counterclaims
77. Time for serving State's defence
78. Costs in police tort claims
79. Payments by the State if police or protective services officer liable
80. Division does not affect certain claims and proceedings
81. Effect of Division on other laws

PART 5--DRUG AND ALCOHOL TESTING

Division 1--Introduction

82. Definitions
83. Designated work units and designated work functions
84. Meaning of rostered on and rostered off

Division 2--Critical incident testing

85. Persons subject to critical incident testing
86. Critical incident testing
87. Samples taken where person is unconscious etc.

Division 3--Targeted testing

88. Targeted testing—Victoria Police personnel (other than Victoria Police employees)
89. Persons may be rostered on for the purposes of section 88(2)
89A. Targeted testing—police custody officer supervisors and police custody officers
90. Targeted testing—certain Victoria Police employees

Division 4--Designated work unit testing and designated work function testing

91. Persons subject to designated work unit testing or designated work function testing
92. Designated work unit testing
93. Designated work function testing

Division 5--Random testing

94. Persons subject to random testing
95. Random testing

Division 6--Use of test results

96. Chief Commissioner may have regard to evidence in certain circumstances
97. Admissibility of test results in certain proceedings
98. Confidentiality of test results

Division 7--General

99. Requirement to comply with testing direction
100. Offence to tamper with a sample
101. Limitation of liability for registered medical practitioners etc.
102. Operation of the Road Safety Act 1986

PART 6--POLICE REGISTRATION

Division 1--Registration

103. Qualifications for registration
104. Application for registration
105. Registration
106. Commencement and duration of registration

Division 2--Renewal of registration

107. Board must notify person when registration about to expire
108. Application for renewal of registration
109. Renewal of registration

Division 3--Suspension and cancellation of registration

110. Mandatory suspension of registration
111. Discretionary suspension of registration
112. Effect of suspension
113. Mandatory cancellation of registration
114. Notice of intention to cancel
115. Cancellation following notice
116. Return of certificate on cancellation

Division 4--Hearings

117. Hearings
118. Procedure at hearings
119. Application for registration or renewal of registration hearings—Private unless otherwise ordered
120. Cancellation of registration hearings—Public unless otherwise ordered

Division 5--Police Profession Register

121. PRS Board to keep Police Profession Register
122. Chief Commissioner to notify PRS Board of appointments and dismissals

Division 6--General

123. Natural justice
124. Service of notices under this Part
124A. Publication of statements of reasons

PART 7--DISCIPLINE

Division 1--Breaches of discipline

125. Breaches of discipline
126. Preliminary investigation
127. Charging
128. Form of charge
129. Inquiry into a charge
130. Authorisation of persons to charge or inquire into and determine charges
130A. Fitness to participate in an inquiry
131. Procedure on an inquiry
132. Determination of the inquiry
132A. Conditions specified in an adjournment determination
133. Enforcement of the determination
134. Adjournment of charge

Division 2--Offences punishable by imprisonment

135. Officer believed to have committed an offence punishable by imprisonment
136. Charge found proven against officer
136A. Conditions specified by the Chief Commissioner
136B. Action to enable officer to comply with conditions
136C. Failure by officer to comply with good behaviour requirement or conditions
137. Action not to be taken against an officer twice

Division 3--Effect of suspension, dismissal or reduction of rank

138. Suspension
139. Forfeiture of salary
140. No compensation for dismissal or reduction in rank

PART 8--APPEALS AND REVIEWS

Division 1--Appeals

141. Promotion and transfer appeals—police officers
142. Promotion and transfer appeals—protective services officers
143. Constitution of PRS Board for appeal
144. Appeal to be re-hearing
145. Procedure on appeal

Division 2--Reviews

146. What decisions are reviewable?
147. Form and time limits for applying for review
148. Constitution of PRS Board for review
149. Special procedure for review of directed transfers
150. Chief Commissioner to lodge file in review of incapacity decisions
151. PRS Board must have regard to public interest and interests of applicant
152. Powers of PRS Board on review of termination or dismissal decisions
153. Powers of PRS Board on review of certain demotion and transfer decisions
154. Powers of PRS Board on review of other decisions
154A. Obligation to publish statements of reasons for decisions on review

Division 3--General provisions for appeals and reviews

155. Natural justice
156. General procedure
156A. Practice notes
157. Hearings to be public unless otherwise ordered
158. Appearance and representation
158A. Appearance by audio link or audio visual link
159. Evidence
160. Witness summons
161. Witness summons offences
162. Contempt of PRS Board
163. Protection of participants
164. Extension of time
165. Chief Commissioner to give effect to PRS Board orders and decisions
165A. Obligation to notify parties to an appeal or a review of decision

PART 9--COMPLAINTS AND INVESTIGATIONS

Division 1--Preliminary

166. Definitions

Division 2--Complaints and investigations

167. Making of complaints
168. Certain complaints to be referred to the Chief Commissioner
169. Complaints made to a police officer or protective services officer
170. Investigations by the Chief Commissioner
171. Power to require answers etc.
172. Advice to complainant

Division 3--General

173. Prohibition of victimisation
174. Other offences
174A. Restorative engagement process

PART 9A--RESTORATIVE ENGAGEMENT AND REDRESS SCHEME FOR CURRENT AND FORMER MEMBERS OF VICTORIA POLICE PERSONNEL

Division 1--Preliminary

174B. Definitions
174C. Objective of the scheme
174D. Function of the Secretary
174E. Delegation by the Secretary

Division 2--Application and determination

174F. Persons who may participate
174G. Application to the Secretary
174H. Initial determination
174I. Scheme determination
174J. Notice of determination
174K. Application for internal review
174L. Appointment of internal reviewer
174M. Internal review
174N. Notice of decision on internal review

Division 3--Giving effect to scheme determination

174O. Secretary must give effect to scheme determination

Division 4--Other matters

174P. Other actions and remedies not affected
174PA. Notification to the IBAC not required in certain circumstances
174PB. Provision of certain information to the IBAC
174Q. Admissibility of scheme materials in proceedings

Division 5--Repeal of this Part

174R. Repeal of this Part

PART 10--INVESTIGATION OF PUBLIC INTEREST COMPLAINTS

Division 1--Investigations

175. Duty to investigate
176. Power to require answers etc. of specified members of police personnel in certain investigations
177. Person who made disclosure may request information about investigation

Division 2--Action on investigation

178. Chief Commissioner must take action
179. Chief Commissioner must report to the IBAC and may give Premier and Minister information
180. Premier and Minister may disclose information for purpose of obtaining advice
181. Chief Commissioner must inform person who made disclosure of outcome of investigation
182. Chief Commissioner must not disclose information in certain cases

Division 3--Disclosure of information

183. Definitions
184. Disclosure of information by the Chief Commissioner and other police personnel
185. Disclosure of restricted matter prohibited
186. Chief Commissioner may authorise disclosure of restricted matter

Division 4--Investigation procedures

187. Chief Commissioner must establish investigation procedures
188. IBAC may review investigation procedures
189. Chief Commissioner must adopt recommendation or give the IBAC reasons for not doing so

Division 5--Other matters

190. Chief Commissioner may request the IBAC to withdraw public interest complaint

PART 11--SPECIAL CONSTABLES

Division 1--Appointment ofspecial constables generally

191. Appointment of special constables
192. Oath or affirmation of office
193. Status and powers of special constable
194. Termination of appointment
195. Discipline

Division 2--Incidents requiring urgent cross‑border assistance

196. Declaration of incident
197. Period of declaration
198. Appointment of special constables during declared incident
199. Oath or affirmation
200. Termination of appointment

PART 11A--POLICE CUSTODY OFFICER SUPERVISORS AND POLICE CUSTODY OFFICERS

Division 1--Preliminary

200A. Definitions

Division 1A--Duties and authorisation of police custody officer supervisors

200AB. Duties of police custody officer supervisors
200AC. Authorisation of police custody officer supervisors
200AD. Scope of authorisation may be limited
200AE. Variation, suspension and revocation of authorisation

Division 2--Duties and authorisation of police custody officers

200B. Duties of police custody officers
200C. Police custody officer supervisors and police custody officers have powers in declared police gaols
200D. Authorisation of police custody officers
200E. Scope of authorisation may be limited
200F. Variation, suspension and revocation of authorisation

Division 3--Powers of police custody officers in relation to arrested persons

200G. Police custody officers to supervise arrested persons at Chief Commissioner's direction
200H. Police custody officers to transport and supervise arrested persons at Chief Commissioner's direction
200I. Functions and powers of police custody officers in relation to persons they supervise or transport
200J. Use of reasonable force
200K. Supervision or transport authorised under other enactments and instruments

Division 4--Supervision at direction of court

200L. Supervision of persons at court by police custody officers
200M. Functions and powers of police custody officers in relation to persons at court

PART 12--POLICE REGISTRATION AND SERVICES BOARD

Division 1--Establishment and functions

201. Establishment of PRS Board
202. Functions of the PRS Board
203. Divisions of the PRS Board
204. Powers of the PRS Board

Division 2--Membership

205. Membership of the PRS Board
206. Membership of Registration Division
207. Membership of Professional Standards Division
208. Membership of Review Division
209. Allocation of members to Divisions of PRS Board
210. Remuneration
211. Accountability of the President
212. Vacancies, resignation and removal from office
213. Acting President, Deputy Presidents and other members

Division 3--General provisions for the PRS Board

214. Meetings of the PRS Board
215. Effect of vacancy or defect
216. Immunity
217. Staffing
218. Confidentiality
219. Delegation
219A. Annual report of the PRS Board

Division 4--Checks and investigations by the PRS Board

220. Checks and investigations for registration and provision of advice
221. Criminal record and other checks
222. Investigations and further information
223. Witness summons
224. Service of notices and summonses under this Division

PART 13--CONFIDENTIALITY AND PRIVILEGE

Division 1--Confidentiality of police information

225. Definitions
226. Victoria Police personnel duty not to access, use or disclose police information
227. Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—summary offence
228. Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—indictable offence
229. Unauthorised access to, use of or disclosure of police information by service providers
230. Access to, use of or disclosure of information on a computerised database
231. Other authorised access to, use of or disclosure of police information
232. Offence to disclose information in relation to drug and alcohol testing

Division 2--Other confidentiality and privilege provisions

233. Deliberations of Ministers and Parliamentary committees not to be disclosed
234. Certain crime reports privileged

Division 3--Agency photographs

235. Definitions
236. Authorisation of media organisations
237. Application for authorisation under section 236
238. Chief Commissioner may authorise the giving of agency photographs to media organisations
239. Application for giving of agency photograph
240. Considerations to be taken into account in authorising the giving of agency photographs
241. Notification of authorisation under section 238
242. Offences as to authorisation and use of agency photographs
243. Protection against actions for defamation or breach of confidence
244. Protection in respect of offences
245. Procedure under section 234 not affected

Division 4--Disclosure of vehicle accident information

246. Definitions
247. Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers
248. Certain persons may request disclosure of vehicle accident information
249. Form and content of application for vehicle accident information
250. Disclosure of vehicle accident information
251. Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited

PART 14--COMPLIANCE AND ENFORCEMENT

Division 1--General offences in relation to Victoria Police

252. Bribery and corruption by police or protective services officers
253. Bribery and corruption towards police or protective services officers
254. Failure to return Victoria Police identification or Victoria Police equipment
255. Unauthorised manufacture, possession, use or supply of Victoria Police identification or Victoria Police equipment
256. Impersonating police or protective services officers
257. Obtaining appointment as police officer or protective services officer by false representations or documents
258. Causing disaffection

Division 2--Ancillary provisions for offences

259. Definitions
260. Criminal liability of officers of bodies corporate—accessorial liability
261. Criminal liability of officers of bodies corporate—failure to exercise due diligence
262. Conduct by officers, employees or agents

Division 3--Search and seizure powers

263. Definitions
264. Entry and search with consent
265. Notice before entry and search
266. Acknowledgement of consent to entry and search
267. Search warrants
268. Form and content of search warrant
269. Announcement before entry
270. Details of warrant to be given to occupier
271. Seizure of things not mentioned in the warrant
272. Retention and return of seized things
273. Magistrates' Court may extend 6 month period
274. Things seized may be used in connection with investigations into conduct

PART 14A--FEES FOR POLICING SERVICES

274A. Definitions
274B. Fees for provision of police services and goods in connection with commercial events
274C. Contracts and other arrangements for police services and goods
274D. Recovery of amounts payable
274E. Refund, reduction or waiver
274F. Chief Commissioner may redeploy police services and goods
274G. Regulations prescribing amounts payable

PART 15--GENERAL

275. Judicial notice
276. Voluntary DNA samples for elimination purposes
276A. Validation
276B. Validation—police officers acting as Assistant Commissioners
277. Regulations

PART 16--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

Division 2--Transitional provisions

287. Transitional provisions
288. Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
289. Transitional provision—repeal of restorative engagement and redress scheme for current and former members of Victoria Police personnel
290. Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2024
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
ENDNOTES

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