Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 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) 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.

    (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 charge the officer with the commission of a 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 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 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

        (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.



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