Victorian Current Acts

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VICTORIA POLICE ACT 2013


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of efficiency  
   5.      Melbourne metropolitan area  

   PART 2--VICTORIA POLICE

   6.      Victoria Police  
   7.      Who constitutes Victoria Police?  
   8.      Role of Victoria Police  
   9.      General functions of Victoria Police  
   10.     Ministerial directions  
   11.     Minister's power to obtain information and reports  
   12.     Annual report of Chief Commissioner  

   PART 3--VICTORIA POLICE PERSONNEL

   13.     Rank structure  
   14.     Commissioned officers  
   15.     Number of police officers and protective services officers  
   16.     Role of Chief Commissioner  
   17.     Appointment of Chief Commissioner  
   18.     Appointment of Acting Chief Commissioner  
   19.     Delegation by Chief Commissioner  
   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  
   24.     Employment of Assistant Commissioners  
   25.     Status of Assistant Commissioner as a police officer  
   26.     Appointment of Acting Assistant Commissioner  
   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  
   36.     Employment of police recruits  
   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  
   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

   50.     Oath of office  
   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  
   56.     Execution of process and warrants  
   57.     Disposal of unclaimed property  
   58.     Disputed property in possession of police  
   59.     Assistance to coroners  
   60.     Chief Commissioner's instructions  
   61.     Personnel to comply with the Chief Commissioner's instructions  
   62.     Determination of uniforms and other equipment and other standards  
   63.     Training courses  
   64.     Long service leave  
   65.     Resignation and retirement  
   66.     Abandonment of appointment  
   67.     Ill-health retirement  
   68.     Definitions  
   69.     Notice of incapacity  
   70.     Determination of incapacity  
   71.     Protection of people executing warrants  
   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

   82.     Definitions  
   83.     Designated work units and designated work functions  
   84.     Meaning of rostered on and rostered off  
   85.     Persons subject to critical incident testing  
   86.     Critical incident testing  
   87.     Samples taken where person is unconscious etc.  
   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 officers  
   90.     Targeted testing—certain Victoria Police employees  
   91.     Persons subject to designated work unit testing or designated work function testing  
   92.     Designated work unit testing  
   93.     Designated work function testing  
   94.     Persons subject to random testing  
   95.     Random testing  
   96.     Chief Commissioner may have regard to evidence in certain circumstances  
   97.     Admissibility of test results in certain proceedings  
   98.     Confidentiality of test results  
   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

   103.    Qualifications for registration  
   104.    Application for registration  
   105.    Registration  
   106.    Commencement and duration of registration  
   107.    Board must notify person when registration about to expire  
   108.    Application for renewal of registration  
   109.    Renewal 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  
   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  
   121.    PRS Board to keep Police Profession Register  
   122.    Chief Commissioner to notify PRS Board of appointments and dismissals  
   123.    Natural justice  
   124.    Service of notices under this Part  
   124A.   Publication of statements of reasons  

   PART 7--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  
   131.    Procedure on an inquiry  
   132.    Determination of the inquiry  
   133.    Enforcement of the determination  
   134.    Adjournment of charge  
   135.    Officer believed to have committed an offence punishable by imprisonment  
   136.    Charge found proven against officer  
   137.    Action not to be taken against an officer twice  
   138.    Suspension  
   139.    Forfeiture of salary  
   140.    No compensation for dismissal or reduction in rank  

   PART 8--APPEALS AND REVIEWS

   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  
   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  
   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

   166.    Definitions  
   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  
   173.    Prohibition of victimisation  
   174.    Other offences  

   PART 10--INVESTIGATION OF PROTECTED DISCLOSURE COMPLAINTS

   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  
   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  
   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  
   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  
   190.    Chief Commissioner may request the IBAC to withdraw protected disclosure complaint  

   PART 11--SPECIAL CONSTABLES

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

   200A.   Definitions  
   200B.   Duties of police custody officers  
   200C.   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  
   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  
   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

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

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

   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  
   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  
   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 15--GENERAL

   275.    Judicial notice  
   276.    Voluntary DNA samples for elimination purposes  
   276A.   Validation  
   277.    Regulations  

   PART 16--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

   287.    Transitional provisions  
   288.    Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           ENDNOTES


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