Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 6
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TRANSITIONAL PROVISIONS
PART 1—PRELIMINARY
1 Definitions
In this Schedule—
"commencement day" means the day on which section 278 of this Act comes into operation;
"old Act" means the Police Regulation Act 1958 as in force immediately before the commencement day;
"the force" has the same meaning as in section 3(1) of the old Act.
2 General transitional provisions
(1) Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) If a repealed provision of the old Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—
(a) any other repealed provisions of the old Act necessary to give effect to that provision; and
(b) any regulations made under the old Act for the purposes of that provision.
3 Transitional regulations
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act.
(2) Regulations under this clause may have a retrospective effect to the commencement day or a day after the commencement day.
(3) Regulations under this clause have effect despite anything to the contrary—
(a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006 ); or
(b) in any subordinate instrument.
(4) This clause is repealed on the second anniversary of its commencement.
4 Change of name of old Act
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A reference to the Police Regulation Act 1958 in any Act (other than this Act), subordinate instrument, agreement, deed or other document must be construed as a reference to the Police Regulation (Pensions) Act 1958 —
(a) so far as the reference relates to any period on or after the commencement day; and
(b) if not inconsistent with the subject matter.
PART 2—VICTORIA POLICE
5 Victoria Police succeeds the force
On the commencement day, Victoria Police succeeds the force.
6 Superseded references to the force and members of the force
(1) A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the force or the police force (in relation to Victoria) must be construed as a reference to Victoria Police—
(a) so far as the reference relates to any period on or after the commencement day; and
(b) if not inconsistent with the subject matter.
(2) A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to a member of the force or a member of the police force (in relation to Victoria) must be construed as a reference to a police officer—
(a) so far as the reference relates to any period on or after the commencement day; and
(b) if not inconsistent with the subject matter.
PART 3—VICTORIA POLICE PERSONNEL
7 Chief Commissioner
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The person who held office as Chief Commissioner under section 4(1) of the old Act immediately before the commencement day continues to be the Chief Commissioner on and after that day, on the same terms and conditions, as if he or she had been appointed under section 17 of this Act and is eligible for reappointment.
A person who held office as a Deputy Commissioner under section 4(2) of the old Act immediately before the commencement day continues to be a Deputy Commissioner on and after that day, on the same terms and conditions, as if he or she had been appointed under section 21 of this Act and is eligible for reappointment.
(1) A person who held employment under Part 3 of the Public Administration Act 2004 as an Assistant Commissioner immediately before the commencement day continues to be an Assistant Commissioner on and after that day, in accordance with his or her current contract of employment under that Act, for the remainder of that contract, as if he or she had been employed under section 24 of this Act.
(2) A person referred to in subclause (1) may subsequently be employed as an Assistant Commissioner under section 24 of this Act before, on or after the expiry or termination of his or her contract of employment under Part 3 of the Public Administration Act 2004 .
10 Other members of the force
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A person appointed under section 8 of the old Act who held office as a member of the force immediately before the commencement day continues to hold office as a police officer on and after that day, at the rank, position and seniority which he or she held immediately before the commencement day, and on the same terms and conditions, as if he or she had been appointed under section 27 of this Act.
11 Police recruits
A person appointed under section 8A of the old Act who held office as a police recruit immediately before the commencement day continues to be a police recruit on and after that day on the same terms and conditions, as if he or she had been employed under section 36 of this Act.
12 Protective services officers
A person appointed under section 118B of the old Act who held office as a protective services officer immediately before the commencement day continues to hold office as a protective services officer on and after that day, at the rank, position and seniority which he or she held immediately before the commencement day, and on the same terms and conditions, as if he or she had been appointed under section 38 of this Act.
A person appointed under section 102L of the old Act who held office as a special constable immediately before the commencement day continues to hold office as a special constable on and after that day, at the rank, position and seniority which he or she held immediately before the commencement day, and on the same terms and conditions, as if he or she had been appointed under section 191 of this Act.
14 Commissioned officers
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A certification of a person referred to in this Part as an officer of the force that was in force under section 8(2) of the old Act immediately before the commencement day is taken on and after that day to be the certification of the person as a commissioned officer of Victoria Police under section 14 of this Act.
15 Probation
The provisions of the old Act and the regulations made under the old Act for probation continue to apply, on and after the commencement day, in relation to an appointment or promotion made under the old Act before that day and any period of probation being served by a person referred to in this Part immediately before the commencement day continues to run on and after that day.
16 Former members of police personnel and members of the force
(1) A person who, immediately before the commencement day, was a former member of police personnel is taken, on and after that day, to be a former member of Victoria Police personnel.
(2) A person who, immediately before the commencement day, was a former member of the force is taken, on and after that day, to be a former police officer.
(3) A reference in section 30 of this Act to a person who has previously been a police officer includes a reference to a person referred to in subclause (2).
(4) In this clause—
member of police personnel has the meaning given in section 3(1) of the old Act;
member of the force has the meaning given in section 3(1) of the old Act.
PART 4—POLICE DUTIES, POWERS, ENTITLEMENTS AND PROTECTION
17 Oath or affirmation
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A person referred to in Part 3 of this Schedule or a police reservist who took and subscribed an oath or made and subscribed an affirmation under section 13 , 102M, 105 or 118C of the old Act (as the case may be) is not required to take and subscribe an oath or make and subscribe an affirmation under section 50 or 192 of this Act and is to be taken, for all purposes, to have taken and subscribed the oath or made and subscribed the affirmation required by whichever of those sections applies to the person.
18 Determination of uniforms, equipment and other standards
A determination in force under section 5(2) of the old Act immediately before the commencement day is taken on and after that day to be a determination under section 62 of this Act.
19 Chief Commissioner's instructions
An order or instruction in force under section 17 of the old Act immediately before the commencement day is taken on and after that day to be a Chief Commissioner's instruction issued under section 60 of this Act.
20 Training agreements and sureties
An agreement or surety in force immediately before the commencement day in accordance with an Order made under section 129 of the old Act continues in force on and after that day in accordance with its tenor despite the repeal of that section.
21 Long service leave
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In determining the entitlements of a person referred to in Part 3 of this Schedule to long service leave under this Act, regard must be had to—
(a) any period of service of the person under the old Act before the commencement day; and
(b) any long service leave taken by the person under the old Act before the commencement day.
22 Resignation
(1) A person referred to in Part 3 of this Schedule (other than an Assistant Commissioner) or a police reservist who gave notice of resignation under the old Act before the commencement day is entitled to resign at the conclusion of the period of notice required under that Act.
(2) An Assistant Commissioner referred to in Part 3 of this Schedule who gave notice of resignation before the commencement day in accordance with his or her contract of employment under Part 3 of the Public Administration Act 2004 is entitled to resign in accordance with the contract.
23 Ill-health retirement
Section 16B of the old Act continues to apply on and after the commencement day in relation to an inquiry begun but not completed under that section before that day.
24 Incapacity for duty
Division 4 of Part IV of the old Act continues to apply on and after the commencement day in relation to a notice of incapacity given to a person under section 83 of the old Act before that day.
25 Police tort claims
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Division 8 of Part 4 of this Act applies to a police tort in respect of which a police tort claim is made on or after the commencement day whether the tort was alleged to have been committed before, on or after that day.
PART 5—DRUG AND ALCOHOL TESTING
26 Critical incident testing
The Chief Commissioner may give a testing direction under Division 2 of Part 5 of this Act in relation to a critical incident that occurred before, on or after the commencement day.
27 Use of samples and testing results obtained under the old Act
(1) Sections 85C and 85E of the old Act continue to apply on and after the commencement day as if a reference in those sections to an investigation under Part IV, IVA or IVB included a reference to an investigation under Division 6 of Part 4, Part 7, Part 9 or Part 10 of this Act.
(2) A reference in section 98 of this Act to the result of any test includes the result of any test conducted in accordance with a direction given under Division 4A of Part IV of the old Act.
28 Offence to disclose identifying information
(1) A person must not, other than as required or authorised by the old Act or the regulations made under the old Act, or as required or authorised by this Act or the regulations, disclose to any other person the identity of a person to whom or in respect of whom a direction was given under Division 4A of Part IV of the old Act.
Penalty: 60 penalty units.
(2) Subclause (1) does not apply to a disclosure
by—
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(a) the person to whom or in respect of whom a direction was given under Division 4A of Part IV of the old Act; or
(b) the IBAC or an IBAC Officer.
(3) Subclause (1) does not apply to the disclosure of information in a proceeding of a kind referred to in section 85E(2) of the old Act as continued by clause 27.
(4) To avoid doubt, section 232 of this Act does not apply in relation to a person to whom a direction was given under Division 4A of Part IV of the old Act.
PART 6—POLICE REGISTRATION
29 Registration
A person who was registered on the Police Profession Register under Part VAA of the old Act immediately before the commencement day is taken, on and after that day, to be registered on the Police Profession Register under Part 6 of this Act until his or her registration would have expired under the old Act, and may apply for renewal of registration under Part 6 of this Act.
30 PRS Board
A person who was a member of the PRS Board under the old Act immediately before the commencement day continues to be a member of the PRS Board on and after that day under this Act on the same terms and conditions of appointment for the balance of his or her term, and is eligible for reappointment.
PART 7—DISCIPLINE
31 Disciplinary action commenced
under old Act
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(1) Division 2 of Part IV of the old Act continues to apply on and after the commencement day to a disciplinary matter that was commenced under that Division but not determined before that day.
(2) For the purposes of subclause (1) a disciplinary matter was commenced under Division 2 of Part IV of the old Act when an investigation of it began under section 70 of that Act.
(3) Division 3 of Part IV of the old Act continues to apply on and after the commencement day in relation to a person believed to have committed or charged with an offence if the matter was commenced under that Division but not determined before that day.
(4) For the purposes of subclause (3) a matter was commenced under Division 3 of Part IV of the old Act when an investigation of it began under section 79(1) of that Act.
32 Disciplinary action under this Act
(1) Subject to subclause (2), Division 1 of Part 7 of this Act applies on and after the commencement day whether the conduct giving rise to the breach of discipline occurred before, on or after that day.
(2) Division 1 of Part 7 of this Act does not apply in relation to conduct occurring before the commencement day that was or is the subject of an investigation under section 70 of the old Act held or commenced before that day.
(3) Subject to subclause (4), Division 2 of
Part 7 of this Act applies on and after the commencement day in relation to a
person believed to have committed an offence before, on or after that day, or
who was charged with an offence alleged to have been committed before, on or
after that day.
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(4) Division 2 of Part 7 of this Act does not apply in relation to a person believed to have committed or charged with an offence if the person is the subject of an investigation under section 79 of the old Act held or commenced before that day.
PART 8—APPEALS AND REVIEWS
33 Appeals and reviews under old Act
(1) Part IVAA of the old Act continues to apply on and after the commencement day to an appeal or review that was commenced but not determined under that Part before that day.
(2) For the purposes of subclause (1)—
(a) an appeal was commenced when it was lodged under section 86AC or 86AD of the old Act; and
(b) a review was commenced when the application for review was lodged under section 86AI of the old Act.
34 Appeals and reviews under this Act
(1) A person may appeal or apply for review under Part 8 of this Act in respect of a decision made under the old Act if—
(a) the person could appeal or apply for review of the decision under Part 8 if it were made under this Act; and
(b) in the case of a decision made
before the commencement day, the person had not appealed or applied for review
under the old Act in respect of the decision before the commencement day.
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(2) To avoid doubt, subsection (1) applies whether the decision was made before the commencement day or, because of the operation of clause 24 or 31, on or after the commencement day.
(3) A reference in section 141(3) of this Act to an appeal lodged under that section includes a reference to an appeal lodged under section 86AC of the old Act before the commencement day.
(4) A reference in section 141(3) of this Act to an appeal lodged under that section includes a reference to an appeal lodged under section 86AD of the old Act before the commencement day.
PART 9—POLICE COMPLAINTS AND PROTECTED DISCLOSURE COMPLAINTS
35 Complaints made before the commencement day
(1) A complaint that was made under section 86L of the old Act before the commencement day is taken, on and after that day, to be a complaint made under section 167 of this Act and may be investigated, or continued to be investigated, under Part 9 of this Act accordingly.
(2) Subclause (1) does not apply if an investigation of the complaint had been completed under the old Act before the commencement day.
36 Protected disclosure complaints
(1) Part IVB of the old Act, as in force immediately before the commencement day, continues to apply on and after that day to the investigation of a protected disclosure complaint that was commenced before that day.
(2) Part 10 of this Act applies to a protected disclosure complaint referred to the Chief Commissioner by the IBAC before, on or after the commencement day other than a protected disclosure complaint to which subclause (1) applies.
PART 10—CONFIDENTIALITY AND PRIVILEGE
37 Declaration of non-Victorian
statutory insurance scheme laws and persons as statutory insurance scheme
insurers
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A declaration in force under section 118M of the old Act immediately before the commencement day is taken on and after that day to be declaration in force under section 247 of this Act.
38 Requests for vehicle accident information made before commencement day
A request for vehicle accident information made under section 118N of the old Act that is outstanding on the commencement day is taken to be a request made under section 248 of this Act.
39 Offences in relation to vehicle accident information
Section 251 of this Act applies to vehicle accident information disclosed to a person under section 118P of the old Act before the commencement day as if it were vehicle accident information disclosed to the under this Act.
40 Authorisation of media organisations
An authorisation in force under section 118W(1) of the old Act immediately before the commencement day is taken on and after that day to be an authorisation under section 236(1) of this Act.
41 Applications for and use of
agency photographs
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(1) An application for the giving of an agency photograph made under section 118S of the old Act that is outstanding on the commencement day is taken to be an application made under section 237 of this Act.
(2) An authorisation to give an agency photograph to an authorised media organisation that was in force under section 118R of the old Act immediately before the commencement day is taken on and after that day to be an authorisation under section 236 of this Act to give an agency photograph to that authorised media organisation.
PART 11—GENERAL
42 Declaration of incidents requiring urgent cross-border assistance
A declaration in force under section 102Q of the old Act immediately before the commencement day is taken on and after that day to be a declaration under section 196 of this Act.
43 Disputed property in possession of police
Section 125 of the old Act continues to apply on and after the commencement
day in relation to an application made but not determined under that section
before that day.
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