Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 174A

Restorative engagement process

    (1)     The Secretary to the Department of Justice and Community Safety may establish a process ( restorative engagement process ), to be administered by a person or body independent of Victoria Police, to acknowledge and respond to an allegation by a member of Victoria Police personnel that the member is a victim of sex discrimination or sexual harassment by another member of Victoria Police personnel.

    (2)     Sections 167, 168 and 169 do not apply in relation to any information about the conduct of a police officer or protective services officer that is disclosed for the purpose of, or in the course of, a restorative engagement process unless the participant in the process who alleges that they are the victim of sex discrimination or sexual harassment consents to the information being dealt with as a complaint under those sections.

    (3)     A participant in a restorative engagement process who alleges that they are the victim of sex discrimination or sexual harassment may make a complaint under section 167 in relation to the alleged conduct at any time, including when they are participating in the process.

S. 174A(3A) inserted by No. 2/2024 s. 53.

    (3A)             Despite section 57 of the Independent Broad‑based Anti‑corruption Commission Act 2011 , the Secretary is not required, and is taken never to have been required, to notify the IBAC of a matter referred to in section 57(1) of that Act if the Secretary has knowledge of that matter only by reason of information disclosed for the purpose of, or in the course of, a restorative engagement process.

    (4)     In this section—

"sex discrimination" means discrimination (within the meaning of the Equal Opportunity Act 2010 ) on the basis of any of the following attributes—

        (a)     breastfeeding;

        (b)     gender identity;

        (c)     lawful sexual activity;

        (d)     marital status;

        (e)     parental status or status as a carer;

        (f)     pregnancy;

        (g)     sex;

        (h)     sexual orientation;

              (i)     an expunged homosexual conviction;

"sexual harassment" has the same meaning as in the Equal Opportunity Act 2010 .

Pt 9A (Headings and ss 174B174R) inserted by No. 37/2022 s. 20.

Part 9A—Restorative engagement and redress scheme for current and former members of Victoria Police personnel

Division 1—Preliminary

S. 174B inserted by No. 37/2022 s. 20.



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