Victorian Current Acts Victorian Current ActsS. 136(1) amended by No. 37/2022 s. 18(a).
(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 do one or more of the following—
S. 136(1)(a) substituted by No. 37/2022 s. 18(b).
(a) reprimand the officer;
S. 136(1)(ab) inserted by No. 37/2022 s. 18(b).
(ab) reduce the officer's rank or seniority;
S. 136(1)(ac) inserted by No. 37/2022 s. 18(b).
(ac) reduce the officer's remuneration;
S. 136(1)(b) amended by No. 37/2022 s. 18(c), substituted by No. 2/2024 s. 51.
(b) require the officer—
(i) to be of good behaviour for a period not exceeding 12 months; and
(ii) to be subject to any other conditions specified by the Chief Commissioner in accordance with section 136A;
S. 136(1)(c) amended by No. 37/2022 s. 18(c).
(c) 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 ;
S. 136(1)(d) amended by No. 37/2022 s. 18(c).
(d) impose a period, not exceeding 2 years, during which the officer will not be eligible for promotion or transfer;
S. 136(1)(e) amended by No. 37/2022 s. 18(c).
(e) transfer the officer to other duties;
(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.
(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 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
(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 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 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.
S. 136A inserted by No. 2/2024 s. 52.