Victorian Numbered Acts Victorian Numbered ActsAfter section 102E of the Police Regulation Act 1958 insert —
(1) The Director may request the Chief Commissioner to make members of the force available for secondment to the Office of Police Integrity to assist the Director in the performance of the functions of the Office or the Director under this or any other Act.
(2) The Chief Commissioner must make available for secondment to the Office of Police Integrity as many members of the force as the Chief Commissioner thinks necessary.
(3) The Director may decline to take on secondment a member made available by the Chief Commissioner under sub-section (2) and may require the Chief Commissioner to make another member available for secondment.
(4) If the Director reasonably suspects that a member of the force who is seconded to the Office of Police Integrity has committed a breach of discipline under section 69 while seconded, the Director may refer the matter to the Chief Commissioner to determine whether action should be taken under Part IV in respect of the member.
(1) During any period of secondment of a member of the force to the Office of Police Integrity—
(a) the member is subject to the sole direction and control of the Director; and
(b) the member's remuneration is to be paid by the Director; and
(c) subject to this section, the
member retains—
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(i) all his or her powers and duties as a member of the force, including all the powers and duties of a constable at common law; and
(ii) his or her immunity under section 123 in respect of the exercise of those powers or performance of those duties; and
(d) the member does not commit a breach of discipline under section 69 by failing to comply with a standing order or instruction of the Chief Commissioner; and
(e) neither the Chief Commissioner nor any other member of the force has authority to give the member an instruction in respect of the member's performance of his or her functions or duties.
(2) Despite sub-section (1)(a) or (e), a member of the force who is seconded to the Office of Police Integrity may, if authorised by the Director to do so, give an instruction to another member of the force who is also seconded to the Office of Police Integrity.
(3) The Chief Commissioner cannot require a member of the force who is or has been seconded to the Office of Police Integrity to disclose any information that relates to the performance of the member's functions or duties during the secondment, other than, with the consent of the Director, for the purposes of an investigation or inquiry under Part IV in relation to a breach of discipline by the member or by another member of the force.
(4) A member's rank is not affected by a secondment to the Office of Police Integrity and any period of secondment is to be taken to be a period of service with the force.".