Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 20

Effect of secondment

    (1)     During any period of secondment of a member of Victoria Police 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—

              (i)     all his or her powers and duties as a member of Victoria Police, including all the powers and duties of a constable at common law; and

              (ii)     his or her immunity under section 123 of the Police Regulation Act 1958 in respect of the exercise of those powers or performance of those duties; and

        (d)     the member does not commit a breach of discipline by failing to comply with a standing order or instruction of the Chief Commissioner; and
s. 20

        (e)     neither the Chief Commissioner nor any other member of Victoria Police has authority to give the member an instruction in respect of the member's performance of his or her functions or duties.

    (2)     Despite subsection (1)(a) or (e), a member of Victoria Police 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 Victoria Police who is also seconded to the Office of Police Integrity.

    (3)     The Chief Commissioner cannot require a member of Victoria Police 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 of the Police Regulation Act 1958 in relation to a breach of discipline by the member or by another member of Victoria Police.

    (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 Victoria Police.



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