Victorian Current Acts Victorian Current Acts(1) The Chief Commissioner may at any time on his or her own motion, or at the request of a police officer or protective services officer, inquire into the physical or mental fitness and capacity of the officer to perform his or her duties.
(2) For the purposes of an inquiry, the Chief Commissioner may—
(a) require the police officer or protective services officer to be examined by—
(i) the Police Medical Officer; or
(ii) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) nominated by the Chief Commissioner; and
S. 67(2)(ab) inserted by No. 45/2017 s. 60(1).
(ab) require the police officer or protective services officer to be examined by a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student) nominated by the Chief Commissioner; and
S. 67(2)(b) amended by No. 45/2017 s. 60(2).
(b) require the person conducting the examination under paragraph (a) or (ab) to give a medical report of the examination to the police officer or protective services officer and the Chief Commissioner.
(3) If, after considering the medical report (if any) under section (2)(b), the Chief Commissioner considers that the police officer or protective services officer is physically or mentally incapable of performing his or her duties, the Chief Commissioner may give a notice to the officer stating—
(a) that the Chief Commissioner is considering taking action to retire the officer; and
(b) the grounds on which the Chief Commissioner believes that the officer is physically or mentally incapable of performing his or her duties; and
(c) that the officer may make written submissions to the Chief Commissioner on the matter within 21 days after receiving the notice.
(4) If the police officer or protective services officer makes any written submissions within 21 days after receiving the notice, or within a later period allowed by the Chief Commissioner, the Chief Commissioner must consider those submissions.
(5) After complying with subsections (3) and (4), if the Chief Commissioner is satisfied that the police officer or protective services officer is physically or mentally incapable of performing his or her duties, the Chief Commissioner, by written notice, may cause the officer to be retired.
(6) A notice under subsection (5) must state the grounds on which the Chief Commissioner is satisfied that the police officer or protective services officer is physically or mentally incapable of performing his or her duties.
Division 6—Incapacity for duty