Police Regulation Act 1958

Section Page

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1

amended by Nos 6957

s. 4(1)(a), 7081

s. 15(2)(a)(b), 10250 s. 20.

1. Short title and commencement

This Act may be cited as the Police Regulation Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2

amended by No. 10087 s. 3(1)(Sch. 1 item 182), repealed by No. 35/1993

s. 4.

* * * * *

No. 3750 s. 3.

S. 3

amended by No. 120/1994

s. 7(1).

3. Definitions

(1) In this Act unless inconsistent with the context or subject-matter--

S. 3(1) def. of "appointed member" inserted by No. 30/1999 s. 4.

"appointed member" of the Police Board, means a member of the Police Board other than the Chief Commissioner;

S. 3(1) def. of "ESS Board" inserted by No. 120/1994

s. 6(1)(a).

"ESS Board" means the Emergency Services Superannuation Board established under the Emergency Services Superannuation Act 1986;

"the force" means officers and other members of the police force of Victoria whether employed upon land or upon water;

"member of the force" shall apply to every person (whether male or female) employed in the force;

"Part" means Part of this Act;

S. 3(1) def. of "Police Board" inserted by No. 72/1992

s. 4.

"Police Board" means the Police Board of Victoria;

S. 3(1) def. of "Scheme" inserted by No. 120/1994

s. 6(1)(a).

"Scheme" means the Emergency Services Superannuation Scheme established under the Emergency Services Superannuation Act 1986;

S. 3(1) def. of "spouse" inserted by No. 8722

s. 2(a), substituted by No. 120/1994

s. 6(1)(b).

"spouse" means in relation to a person--

(a) that person's husband, wife, widower or widow; or

(b) a person of the opposite sex who, though not legally married to the first mentioned person, in the opinion of the ESS Board lives or lived with the first mentioned person as at the relevant date (being, in the case of a deceased person, the date of death) on a bona fide domestic basis as the husband or wife of the first mentioned person.

S. 3(2) inserted by No. 120/1994

s. 7(2).

(2) In this Act (other than in sections 59 and 62)--

(a) words importing the feminine gender include the masculine gender; and

(b) words importing the masculine gender include the feminine gender.

S. 3(3) inserted by No. 120/1994

s. 7(2).

(3) Without limiting the generality of sub-section (2), in this Act (other than in sections 59 and 62) a reference to "his widow" is to be construed as a reference to "his or her spouse" where the member of the force or pensioner is deceased and other parts of speech and grammatical forms of "widow" are to be construed as having a corresponding meaning.

Pt 1 (Heading) substituted by No. 7081

s. 15(3).

4. Constitution of the police force

S. 4(1) substituted by No. 6975

s. 2(a).

(1) The Governor in Council may from time to time appoint a Chief Commissioner of Police (hereinafter referred to as the Chief Commissioner) and may from time to time suspend reduce discharge or dismiss any such Chief Commissioner.

S. 4(1A) inserted by No. 8179

s. 3(a)(i).

(1A) The appointment of the Chief Commissioner shall be for such term not exceeding five years as the Governor in Council thinks fit on and from such date as is specified in the appointment.

S. 4(2) amended by Nos 8097

s. 2, 9066

s. 2(a), 9527

s. 2, 10031 s. 4.

(2) The Governor in Council may from time to time appoint so many Deputy Commissioners (not exceeding four) and so many Assistant Commissioners (not exceeding ten) as he thinks fit and may from time to time suspend reduce discharge or dismiss any such Deputy or Assistant Commissioner:

S. 4(2) Proviso amended by No. 35/1993

s. 5, repealed by No. 30/1999 s. 5(1).

* * * * *

S. 4(2AA) inserted by No. 72/1992

s. 5(a).

(2AA) The appointment of a Deputy Commissioner or an Assistant Commissioner is to be for the term, not exceeding 5 years, that the Governor in Council thinks fit on and from the date specified in the appointment[1].

S. 4(2A) inserted by No. 9646

s. 2(1).

(2A) In addition to any Assistant Commissioners appointed pursuant to sub-section (2) the Governor in Council may appoint a member of the Police Force who is seconded to the position of Director of the body known as the Australian Bureau of Criminal Intelligence to the rank of Assistant Commissioner for the duration of the period of secondment.

S. 4(3) amended by Nos 8179

s. 3(a)(ii), 8487 s. 2, substituted by No. 9906 s. 2, repealed by No. 10250

s. 4(1), new

s. 4(3) inserted by No. 15/1989 s. 4, substituted by Nos 73/1996 s. 64(1), 30/1999 s. 5(2).

(3) If--

(a) there is a vacancy in the office of a Deputy Commissioner; or

(b) a Deputy Commissioner is suspended, sick or absent from office; or

(c) a Deputy Commissioner has been appointed as Acting Chief Commissioner--

a member of the force may be appointed as an Acting Deputy Commissioner in accordance with sub-section (3A).

S. 4(3A) inserted by No. 72/1992

s. 5(b), substituted by No. 30/1999 s. 5(2).

(3A) The appointment of an Acting Deputy Commissioner may be made by the Chief Commissioner, for a period not exceeding 4 weeks, or by the Governor in Council, for a period not exceeding 12 months.

S. 4(3B) inserted by No. 30/1999 s. 5(2).

(3B) The Governor in Council may, at any time, revoke the appointment of a member of the force as an Acting Deputy Commissioner (including an appointment made by the Chief Commissioner).

S. 4(3C) inserted by No. 30/1999 s. 5(2).

(3C) A person appointed as an Acting Deputy Commissioner is eligible for re-appointment, but a person appointed as an Acting Deputy Commissioner by the Chief Commissioner may only be re-appointed by the Governor in Council.

S. 4(4) repealed by No. 10250

s. 4(1), new

s. 4(4) inserted by No. 15/1989 s. 4, amended by No. 73/1996 s. 64(2)(a).

(4) An Acting Deputy Commissioner ceases to hold office--

(a) if the appointment is revoked; or

S. 4(4)(b) amended by No. 73/1996 s. 64(2)(b).

(b) on the Deputy Commissioner being restored to office after the suspension or recommencing the duties of the office after the temporary absence.

(5) An Acting Deputy Commissioner while so acting has all the responsibilities, powers, authorities and duties and may perform all the functions of the Deputy Commissioner in whose place he or she acts.

S. 4(6) inserted by No. 15/1989

s. 4, repealed by No. 73/1996 s. 64(2)(c).

* * * * *

S. 4AA inserted by No. 73/1996 s. 65.

4AA. Appointment of Acting Assistant Commissioner

(1) The Chief Commissioner may appoint a member of the force to be an Acting Assistant Commissioner--

(a) while an office of Assistant Commissioner is vacant; or

(b) during any period when an Assistant Commissioner is suspended, sick or absent from his office.

(2) An Acting Assistant Commissioner while so acting has all the responsibilities, powers, authorities and duties and may perform all the functions of the Assistant Commissioner in whose place he or she acts.

(3) The Chief Commissioner may, at any time, revoke the appointment of a member of the force as an Acting Assistant Commissioner.

S. 4AB inserted by No. 30/1999 s. 6.

4AB. Appointment of Acting Chief Commissioner

(1) The Governor in Council may appoint a member of the force as Acting Chief Commissioner--

(a) while the office of Chief Commissioner is vacant; or

(b) during any period when the Chief Commissioner is suspended, sick or absent from office.

(2) An Acting Chief Commissioner while so acting has all the responsibilities, powers, authorities and duties and may perform all the functions of the Chief Commissioner.

(3) A person appointed as Acting Chief Commissioner is eligible for re-appointment.

(4) The Governor in Council may, at any time, revoke the appointment of a member of the force as Acting Chief Commissioner.

S. 4A

inserted by No. 72/1992 s. 6.

4A. Establishment of Police Board

There is established a Board to be called the Police Board of Victoria.

S. 4B

inserted by No. 72/1992

s. 6.

4B. Functions and Duties of the Police Board

(1) The functions of the Police Board are--

(a) to advise the Minister and the Chief Commissioner on ways in which the administration of the force might be improved; and

(b) for the purpose of providing advice under paragraph (a), to inquire into the structure, organisation and management policies of the force, including the rules and policies governing recruitment, appointments, promotions, seniority, classification, training and development; and

S. 4B(1)(ba) inserted by No. 30/1999 s. 7.

(ba) to conduct reviews under Division 1 of Part IV; and

(c) to carry out any other function conferred on it by this Act.

(2) The Police Board--

(a) must inquire into any matter relating to the administration of the force which is referred to it by the Minister or the Chief Commissioner, and must report on that matter to the person who referred it to the Board; and

(b) if so requested by the Minister, must inquire into whether or not it should have any and, if so, what additional functions, duties or powers, and must report on that matter to the Minister.

S. 4C

inserted by No. 72/1992

s. 6.

4C. Powers of the Board

(1) The Police Board has all the powers necessary to enable it to perform its duties and functions.

(2) The Board may, in writing, authorise a member of the Board to exercise a power of entry under this section.

(3) For the purposes of enabling the Board to carry out its functions or duties, a person authorised under sub-section (2)--

(a) may, at any reasonable time, enter any police premises;

(b) may inspect those premises;

(c) may inspect and take copies of or extracts from any documents that he or she finds on those premises;

(d) may take away from those premises any document found there, for as long as is necessary to take copies of it.

(4) A person entering premises under sub-section (3)--

(a) must cause as little damage as possible to the land and anything on it; and

(b) must remain on the premises only so long as is reasonably necessary; and

(c) must, if possible, give notice of the intended entry to the person in charge of the premises at least 7 days before entering the premises.

(5) A member of the force must not hinder or obstruct a person authorised under this section in the exercise of a power of entry given by this section.

Penalty: 10 penalty units.

(6) A person authorised under sub-section (2) must, if requested to do so by a member of the force, produce to that member his or her instrument of authority under that sub-section.

S. 4D

inserted by No. 72/1992

s. 6, substituted by No. 30/1999 s. 8.

4D. Membership of Police Board

(1) For the purposes of performing its functions other than those under Division 1 of Part IV, the Police Board is to be constituted by--

(a) 3 persons appointed by the Governor in Council, of whom 1 is to be appointed as chairperson; and

(b) the Chief Commissioner.

(2) For the purpose only of performing its functions under Division 1 of Part IV, the Police Board is to be constituted by--

(a) the persons referred to in sub-section (1)(a); and

(b) a legal practitioner (within the meaning of the Legal Practice Act 1996) of at least 5 years' standing appointed by the Governor in Council.

(3) An appointed member holds office for the term, not exceeding 5 years, specified in his or her instrument of appointment and is eligible for re-appointment.

(4) Schedule 1A applies to the Board.

S. 4E

inserted by No. 72/1992

s. 6.

4E. Staff

S. 4E(1) amended by No. 26/1997

s. 48(a), substituted by No. 46/1998

s. 7(Sch. 1).

(1) Any employees that are necessary to enable the Police Board to carry out its functions, powers and duties may be employed under Part 3 of the Public Sector Management and Employment Act 1998.

(2) For the purposes of carrying out its functions, powers and duties the Board may, in consultation with the Minister and with the consent of the Chief Commissioner, make use of the services of any member of the force.

S. 4F

inserted by No. 72/1992

s. 6, amended by No. 30/1999 s. 9.

4F. Delegations

The Police Board may, in writing delegate any of its functions, duties or powers other than this power of delegation or any functions under Division 1 of Part IV to--

(a) a member of the Board; or

(b) a member of the staff of the Board; or

(c) a person whose services are being made use of by the Board under section 4E(2).

S. 4G

inserted by No. 72/1992

s. 6.

4G. Report of the Board

(1) The Police Board must prepare a report in respect of each year ending on 30 June on its own work and activities for that year.

(2) The Board must submit the report to the Minister not later than 30 September in that year.

(3) The Minister must cause each report submitted to him under this section to be laid before the Legislative Council and the Legislative Assembly as soon as possible after the report has been received by the Minister.

No. 3750 s. 5.

S. 5

amended by No. 11/1992 s. 4(1).

5. Authority of Chief Commissioner and officers

(1) The Chief Commissioner shall have, subject to the directions of the Governor in Council, the superintendence and control of the force, and all officers of police shall have the superintendence and control of that portion of the force which is placed under their charge subject to the authority herein conferred upon the Chief Commissioner and to the regulations made or to be made by the Governor in Council as is hereinafter provided.

S. 5(2) inserted by No. 11/1992

s. 4(2).

(2) Without limiting the generality of sub-section (1), the Chief Commissioner may determine--

(a) the type or design of any uniform or equipment to be worn or carried by members of the force, police recruits, police reservists and protective services officers; and

(b) the conditions under which any uniform or equipment is to be worn or carried.

S. 6 substituted by No. 6957

s. 2(b).

6. Powers of Deputy Commissioner

S. 6(1) amended by Nos 9066

s. 2(b), 10250

s. 5(1).

(1) Anything by this or any other Act or by any regulation made under this or any other Act appointed or authorized or required to be done or signed by the Chief Commissioner may be done or signed by a Deputy Commissioner and shall be as valid and effectual as if done or signed by the Chief Commissioner.

S. 6(1A) inserted by No. 30/1999 s. 10(1).

(1A) Sub-section (1) does not apply to the Chief Commissioner's power to dismiss a member of the force under section 68 or suspend a member under section 68A.

S. 6(2) amended by Nos 9066

s. 2(b), 15/1989

s. 5, 30/1999 s. 10(2).

(2) All courts judges and persons acting judicially shall take judicial notice of the seal and signature of the Chief Commissioner, of a Deputy Commissioner, of an Assistant Commissioner, of an Acting Chief Commissioner, of an Acting Deputy Commissioner and of an Acting Assistant Commissioner.

S. 6A

inserted by No. 6570

s. 2, amended by No. 10250

s. 5(2), substituted by No. 15/1989

s. 6.

6A. Delegation by Chief Commissioner

S. 6A(1) amended by No. 30/1999 s. 10(3).

(1) The Chief Commissioner may delegate, by instrument, to--

(a) a member of the force; or

(b) a police reservist; or

(c) a protective services officer; or

S. 6A(1)(d) amended by No. 26/1997

s. 48(a), substituted by No. 46/1998

s. 7(Sch. 1).

(d) an employee within the meaning of the Public Sector Management and Employment Act 1998; or

(e) a class of the people specified in paragraphs (a) to (d)--

(2) A delegation may be made to a person or a class of people by name, or by reference to the office, offices or employment held.

Nos 3750 s. 8, 4592 s. 5(2).

7. Medical Board

S. 7(1) amended by No. 23/1994

s. 118 (Sch. 1 item 43.1).

(1) The Governor in Council may from time to time appoint three registered medical practitioners within the meaning of the Medical Practice Act 1994 as a Board hereinafter designated the Medical Board for the purpose of examining the members of the force at such periods as the regulations for the time being in force may require; and the Governor in Council may from time to time remove any member of such Board, and appoint another in his stead.

(2) Any two members of such Board shall form a quorum and shall have and may exercise and perform all or any of the powers and duties of such Board.

Nos 3750 s. 8, 4592 s. 3, 5126 s. 23(1)(b).

S. 8

amended by Nos 6957

s. 2(c)(d), 8179 s. 3(b)(c), 8745

s. 2, substituted by Nos 9906 s. 3, 10250 s. 4(2), 42/1990 s. 4(1).

8. Appointments to and promotions and transfers within the force

(1) The Chief Commissioner may, in accordance with the regulations, appoint, promote and transfer--

(a) so many commanders, chief superintendents, superintendents, chief inspectors and inspectors; and

(b) so many senior sergeants, sergeants, senior constables and constables--

as the Governor in Council thinks necessary.

(2) A person appointed or promoted under sub-section (1)(a) shall on the certification of the Governor in Council, be an officer of the force.

S. 8(3) repealed by No. 30/1999 s. 11(1).

* * * * *

(4) Every appointment as a constable is subject to two years' probation, and every other appointment and every promotion to one year's probation.

(5) The Chief Commissioner may disallow a promotion or terminate an appointment at any time during an initial or further period of probation.

(6) Unless a promotion is earlier disallowed (under this section or on an appeal) or an appointment is earlier terminated--

(a) at the end of the initial period of probation, the Chief Commissioner must--

(i) confirm the promotion or appointment; or

(ii) disallow the promotion or terminate the appointment; or

(iii) extend the probation for a period not exceeding one year; and

(b) at the end of the further period of probation, the Chief Commissioner must--

(i) confirm the promotion or appointment; or

(ii) disallow the promotion or terminate the appointment.

(7) If a promotion is disallowed, from the time of disallowance the member's rank is the rank he or she held immediately before promotion.

(8) If the Chief Commissioner terminates the appointment of a person who was not a member of the force immediately before being appointed, the appointee must be dismissed from the force.

(9) In determining whether or not an initial or further period of probation has ended, any period of suspension, leave without pay, sick leave of one month or more continuously, maternity leave or long service leave must be disregarded.

S. 8AA inserted by No. 42/1990

s. 4(1).

8AA. Appeals against non-selection for promotion

S. 8AA(1) amended by Nos 72/1992

s. 7, 35/1993

s. 6.

(1) Subject to the regulations, a member of the force who considers that he or she has a better claim to promotion or transfer under section 8 than the member selected for promotion or transfer may appeal to the Police Review Commission.

(2) No appeal may be had in relation to the rank of superintendent, chief superintendent or commander.

S. 8AA(2A) inserted by No. 23/1996

s. 3.

(2A) No appeal may be had in relation to a position of constable (general duties) or senior constable (general duties).

S. 8AA(2B) inserted by No. 30/1999 s. 11(2).

(2B) No appeal may be had in relation to the promotion of a constable who holds a position to the rank of senior constable in the same position.

(3) The only grounds for appeal are--

(a) in relation to the rank of senior sergeant, sergeant or senior constable--

(i) superior efficiency; or

(ii) equal efficiency and greater seniority;

(b) in relation to the rank of inspector or chief inspector--superior efficiency.

S. 8AB inserted by No. 42/1990

s. 4(1).

8AB. Grounds for promotion or transfer

(1) In a promotion or transfer under section 8 and in an appeal under section 8AA--

(a) regard shall be had to the efficiency of the candidates; and

(b) regard shall not be had to their relative seniority unless, in relation only to the rank of senior sergeant, sergeant or senior constable, they are considered to be equally efficient.

S. 8AB(1A) inserted by No. 23/1996

s. 4(1).

(1A) This section does not apply to a promotion or transfer to a position of constable (general duties) or senior constable (general duties).

S. 8AB(1B) inserted by No. 30/1999 s. 11(3).

(1B) This section does not apply to a promotion of a constable who holds a position to the rank of senior constable in the same position.

(2) For the purposes of this section and sections 8 and 8AA--

"efficiency" means--

(a) the aptitude and special qualifications necessary for the discharge of the duties of the position in question, together with merit, diligence, good conduct, quality of service, mental capacity and physical fitness; and

(b) potential to develop the executive ability and leadership and management skills essential in senior executive positions--in relation to the rank of inspector; and

(c) the executive ability and leadership and management skills essential in senior executive positions--in relation to the rank of commander, chief superintendent, superintendent or chief inspector;

S. 8AB(2) def. of "general duties" inserted by No. 23/1996

s. 4(2).

"general duties" means primary response and general patrol duties;

"transfer" means the transfer of a member of the force from one position in the force to another at the same rank.

S. 8A

inserted by No. 10250

s. 6.

8A. Police recruits

(1) Subject to this Act and the regulations, the Chief Commissioner may from time to time appoint so many police recruits as the Chief Commissioner thinks necessary to meet the needs of the force.

(2) A police recruit may be appointed for such period as the Chief Commissioner determines.

(3) The Chief Commissioner may terminate an appointment at any time or extend it for such further period as the Chief Commissioner determines.

(4) A police recruit is not a member of the force.

S. 8A(5) repealed by No. 11/1992

s. 5.

* * * * *

S. 9

amended by No. 6957

s. 2(e)(i)(ii), repealed by No. 42/1990

s. 12(1)(a).

* * * * *

No. 3750 s. 9.

10. Women to receive salaries etc. at same rate as menWomen who are members of the force shall be entitled to receive salaries wages and allowances at the same rates as men of corresponding rank who are members of the force are entitled to receive.

No. 3750 s. 10.

11. Authority of constables

Every constable shall have such powers and privileges and be liable to all such duties as any constable duly appointed now has or hereafter may have either by the common law or by virtue of any Act of Parliament now or hereafter to be in force in Victoria, and any member of the police force of higher rank than a constable shall have all the powers and privileges of a constable whether conferred by this Act or otherwise.

S. 12

repealed by No. 42/1990 s. 12(2).

* * * * *

No. 3750

ss 12, 13.

13. Oath to be taken by members of the force

S. 13(1) amended by No. 9527

s. 3.

(1) Any person appointed to be a member of the force shall not be capable of acting in any way as such member until he has taken and subscribed the oath set forth in Form A of the Second Schedule.

S. 13(2) amended by Nos 9902

s. 2(1)(Sch. item 204), 15/1989 s. 7(1)(a)(b), 57/1989

s. 3(Sch. item 156.1), 30/1999 s. 12(a).

(2) The said oath shall be administered by any magistrate (or, in the case of appointment of a person to a rank other than Chief Commissioner or Deputy Commissioner, by any Deputy Commissioner or Assistant Commissioner) and such oath shall in all cases be subscribed by the person taking the same; and the oath so taken by the Chief Commissioner shall be forthwith transmitted to the Minister by the magistrate before whom the same was taken, and the oaths so taken and subscribed by all other persons appointed to any office under this Act shall be forwarded by the magistrate, Deputy Commissioner or Assistant Commissioner before whom the same were taken to the Chief Commissioner.

S. 13(3) amended by Nos 8179

s. 3(d), 10250

s. 7.

(3) Every person who has taken and subscribed such oath shall be taken to have, from the day on which such oath has been taken and subscribed, thereby entered into a written agreement with, and shall be thereby bound to serve Her Majesty as a member of the force, and in whatsoever capacity he is hereinafter required to serve, and at the current rate of pay of any rank to which he is appointed or reduced until legally discharged; and such agreement shall not be set aside cancelled or annulled for want of reciprocity, but every such agreement shall be determined by the discharge dismissal or other removal from office of any such person, or by the acceptance of the resignation of the Chief Commissioner or of any Deputy or Assistant Commissioner by the Governor in Council, or by the acceptance of the resignation of any other member of the force by the Chief Commissioner.

No. 3750 s. 14.

S. 14 amended by Nos 8097 s. 3, 15/1989 s. 8(1), 42/1990 s. 8(a).

14. One month's notice of resignation to be given by members of the forceNo member of the force shall be at liberty to resign his office or to withdraw himself from the duties thereof notwithstanding the period of his engagement has expired unless expressly authorized in writing so to do by the Chief Commissioner or unless he gives to such Chief Commissioner 3 months' notice in writing of his intention so to resign or withdraw.

Penalty: 20 penalty units.

No. 3750 s. 15.

15. Repute to be evidence of appointment

If any question arises as to the right of the Chief Commissioner or other member of the force to hold or exercise the duties of his office, common reputation shall be deemed prima facie evidence of such right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of such right.

No. 3750 s. 16.

16. All powers vested in members of the force to cease upon discharge

When any member of the force is discharged or dismissed from or otherwise ceases to hold and exercise his office, all powers and authorities vested in him as a member of the force shall immediately cease.

S. 16A inserted by No. 7081

s. 15(1), amended by Nos 7142 s. 2, 8179

s. 3(e)(i)-(iii), 9460 s. 4(a), 10258 s. 7(1)(a)-(c), 50/1988

s. 93(2)(Sch. 2 Pt 2 item 45), substituted by No. 42/1995

s. 224(Sch. 2 item 30).

16A. Right to early retirement

(1) Any member holding the rank of Chief Commissioner shall be entitled to elect to retire upon attaining the age of 55 years or at any time thereafter.

(2) Any member of the force who becomes an officer within the meaning of the State Superannuation Act 1988 shall be entitled to elect to retire upon attaining the age of 50 years or at any time thereafter.

S. 16B inserted by No. 9646 s. 3, amended by Nos 50/1988 s. 93(2)(Sch. 2 Pt 2 item 45), 23/1994

s. 118(Sch. 1 item 43.2), substituted by No. 26/1997

s. 39.

16B. Incapacitated officers

(1) The Chief Commissioner may of his or her own volition or at the request of a member of the force inquire into the fitness and capacity of the member to discharge the duties of his or her office.

(2) In connection with that inquiry the Chief Commissioner may require the member to submit himself or herself for examination by the Police Medical Officer or by a registered medical practitioner (within the meaning of the Medical Practice Act 1994) nominated by the Chief Commissioner.

(3) If the Chief Commissioner is satisfied that the member is incapacitated for the performance of his or her duty by infirmity of mind or body he or she may cause the member to be retired.

No. 3750 s. 17.

S. 17 amended by No. 6833

s. 2(a)(b), substituted by No. 42/1990

s. 5.

17. Standing orders etc.The Chief Commissioner may from time to time issue, amend and revoke--

(a) orders, to be known as standing orders, for the general administration of the force;

(b) instructions for the effective and efficient conduct of the force's operations.

S. 18 amended by Nos 7876

s. 2(3), 8179

s. 3(f)(i)(ii), 57/1989

s. 3(Sch. item 156.2), repealed by No. 42/1990

s. 12(2).

* * * * *

S. 18A inserted by No. 10257

s. 91(a).

18A. Assistance to coroners

The Chief Commissioner of Police shall direct that a sufficient number of members of the police force be present at any place at which an inquest may be held (whether or not an inquest is being held) whenever a coroner so requests.

No. 3750 s. 19.

S. 19 amended by Nos 7876

s. 2(3), 8179

s. 3(g), 57/1989

s. 3(Sch. item 156.3), 30/1999 s. 12(b).

19. Members of police force who may execute process and warrants

Every member of the force shall execute all process to him directed for levying the amount of any recognisance forfeited to Her Majesty or of any fine imposed on any persons at any sitting of the Supreme Court whether in Melbourne or elsewhere or at any other court or of any other fine imposed under any Act in force in Victoria, and every member of the force shall obey and execute all the lawful summonses warrants executions orders and commands of the Magistrates' Court in all cases civil or criminal.

No. 3750 s. 20.

S. 20 amended by Nos 8179

s. 3(h), 10250

s. 8(a)(b), 10257 s. 91(b), 57/1989

s. 3(Sch. item 156.4), 30/1999 s. 12(b).

20. Process directed to one may be executed by anotherAny process or any warrant order or command of any court or any coroner under the Coroners Act 1985 or any board tribunal commission or other body (whether constituted by one or by more than one person) established by or under any Act or any member or officer of any such board tribunal commission or body directed delivered or given to any member of the force may be executed and enforced by any other member of the force or his assistants, and every such last-mentioned member of the force and his assistants shall have the same rights powers and authorities for and in the execution of such process warrant order or command, as if the same had been originally directed to him or them expressly by name.

Pt 3 (Heading) amended by No. 7081

s. 15(4).

No. 3750 s. 21.

21. Division to apply to appointments before 25 November 1902Subject to the provisions of section forty this Division shall apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty-four or subsequently to the said date and shall not apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two.

No. 3750 s. 22.

22. Rate of superannuation allowance

Any member of the force who has served for a period of not less than ten years and has attained the full age of fifty-five years may be superannuated, and shall on retirement receive at his option either a gratuity of one month's pay for each year's service, or a yearly pension according to the following scale; that is to say, after ten year's service ten-fiftieths of the pay received by him during the period of twelve consecutive months immediately preceding the date of his retirement and an increase of one-fiftieth for each succeeding year up to thirty years' service completed.

No. 3750 s. 23.

23. Superannuation on account of ill health

(1) When any member of the force has served for ten years and has not attained the full age of fifty-five years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Governor in Council by the said Board, the Governor in Council may superannuate such member, and he shall thereupon be entitled to receive at his option the gratuity or the pension provided by the last preceding section for members of the force who have attained the full age of fifty-five years.

(2) Should any member of the force to whom a pension has on or after the twenty-first day of September One thousand nine hundred and fourteen been granted die before the sum to which he would have been entitled on his retirement as a gratuity has been received by him by way of pension then the difference between such sum and the amount actually received by him shall be paid to his widow and children.

No. 3750 s. 24.

S. 24 amended by No. 120/1994 s. 6(1)(c).

24. Gratuity or yearly pension to members disabled in the performance of duty

When any member of the force has served for a less period than ten years, if without his own default and in the discharge of his duty he receives such bodily injury as to incapacitate him for active service, he may retire from the force, and the ESS Board may grant to such member a gratuity not exceeding one month's pay for each year's service or a yearly pension not exceeding half the pay received by him during the year preceding his retirement, or in the event of his death before so retiring such gratuity shall be granted to his widow and children.

No. 3750 s. 25.

25. Gratuity to members retiring from ill healthWhen any member of the force has served for a less period than ten years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Chief Commissioner, such member shall be entitled to his discharge and to receive a gratuity of one month's pay for each year of service at his then rate of pay.

No. 3750 s. 26.

26. Conditions on which pensions are withdrawable

Any pension or retiring allowance shall be granted to members of the force only upon the condition that it is liable to be forfeited and may be withdrawn by the Governor in Council in any of the following cases--

(a) on conviction of the grantee for any indictable offence;

(b) on his knowingly associating with suspected persons thieves or other offenders;

(c) on his refusing to give information and assistance to the police whenever in his power for the detection and apprehension of criminals, and for the suppression of any disturbance of the public peace;

(d) on his refusing to resume his duties in his former office in the force when required by the Governor in Council;

(e) if he enters into or continues to carry on any business occupation or employment which in the opinion of the Governor in Council is disgraceful or injurious to the public or in which he makes use of the fact of his former employment in the police force in a manner which the Governor in Council considers to be discreditable and improper.

No. 3750 s. 27.

27. Members retiring after twenty years' serviceEvery member of the force who has attained the age of forty years, and who has served not less than twenty years, shall be entitled to retire upon a gratuity at the rate of one month's pay for every year of service.

No. 3750 s. 28.

S. 28 amended by No. 120/1994

s. 6(1)(c).

28. Gratuity or pension to relatives where life lost on duty

Should any member of the force lose his life in the discharge of his duty, a gratuity or pension equal to what he would have been entitled to if he had reached the age of fifty-five years shall be paid to his widow or children or to any other relative of such member depending upon him for support as the ESS Board may determine.

No. 3750 s. 29.

S. 29 amended by No. 120/1994

s. 6(1)(c).

29. Allowances of retiring members to be considered when estimating gratuity etc.

Where under this Act the amount of any gratuity or retiring allowance to be granted to any member of the force is based upon the rate of pay of such member of the force, such rate of pay shall be understood to include not only the salary or wages which he may receive but likewise a money equivalent for the several allowances to which he is entitled as a member of the force, and the rate of this equivalent shall be estimated for each year by the ESS Board.

No. 3750 s. 30.

30. Dismissed members not entitled to pension

No member of the force who has been discharged or dismissed therefrom for misconduct of any kind shall be entitled to any pension gratuity or allowance.

S. 31

repealed by No. 120/1994

s. 6(1)(d).

* * * * *

S. 32 amended by No. 9902

s. 2(1)(Sch. item 205), repealed by No. 120/1994

s. 6(1)(d).

* * * * *

S. 33 amended by Nos 9902

s. 2(1)(Sch. item 205), 57/1989

s. 3(Sch. item 156.5(a)(b)), repealed by No. 120/1994

s. 6(1)(d).

* * * * *

S. 34 amended by No. 9902

s. 2(1)(Sch. item 205), repealed by No. 120/1994

s. 6(1)(d).

* * * * *

S. 35

repealed by No. 120/1994

s. 6(1)(d).

* * * * *

No. 3750 s. 36.

36. Time in other branches to countAny member of the force claiming a gratuity or pension shall be entitled to count as service in the force any period served by him in any other branch of the public service of Victoria before he became a member of the force.

No. 3750 s. 37.

37. Provision not to apply to transfer to police force from other public departments

The last preceding section shall not apply to any person who after the first day of November One thousand eight hundred and ninety-five has been or is transferred to the police force from any other branch of the public service unless such person was appointed to some office in the public service prior to the passing of the Act No. 710 and was employed continuously in the public service until such transfer.

For the purposes of this and the last preceding section the departments corresponding to the departments subject to the Railways Act 1958 respectively and to Part IX of The Constitution Act Amendment Act 1958 respectively and the department formerly subject to the Defence Act 1890 shall be deemed to have been branches of the public service.

No. 3750 s. 38.

38. Definition of service in this DivisionIn this Division the words "service" or "served" wherever occurring shall, as from the first day of November One thousand eight hundred and ninety-five and so far only as regards any persons transferred to the police force as hereinbefore mentioned, be taken to refer to service in the police force.

Nos 3750

s. 39, 4592

s. 5(1).

39. Definitions

(1) In this Division unless inconsistent with the context or subject-matter--

"medical certificate" means a certificate in the form or to the effect of Form A or Form B of the Third Schedule to this Act, signed by not less than two of the members of the Medical Board;

"pay" means only salary or wages and does not include any allowances or any money equivalent for any allowances which (in addition to his salary or wages) a member of the force is entitled to receive as such;

S. 39(1) def. of "Police Pensions Fund" repealed by No. 120/1994

s. 6(1)(e).

* * * * *

S. 39(1) def. of "Police Superann-uation Board" repealed by No. 120/1994

s. 6(1)(e).

* * * * *

(2) For the purposes of this Division--

(a) the expression "total disablement" means total loss of earning capacity in any employment, and in the case of partial disablement the degree of disablement shall be based upon the degree to which earning capacity is affected; (b) any injury suffered by a member of the force--

(i) whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty; or

(ii) whilst not on duty in the performance of some act which is within the scope of his ordinary duties; or

(iii) in consequence of some act performed in the execution of his duty;

shall be deemed to have been suffered in the execution of his duty; and

(c) any injury intentionally inflicted or incurred in the performance of a duty involving special risks shall be deemed to be a non-accidental injury.

No. 3750 s. 40.

40. Application to members of the force

(1) This Division shall apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty-four and to members of the force appointed after the said date and save as hereinafter provided shall not apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two.

S. 40(2) repealed by No. 42/1990

s. 13(a).

* * * * *

(3) The provisions of this Division, unless otherwise expressly stated, shall apply to the Chief Commissioner in like manner, so nearly as circumstances admit, as they apply to any other member of the force, except that the certificate of approved service may be given by the Chief Secretary and that the Chief Commissioner shall be entitled after not less than ten years' approved service to receive an ordinary pension for life calculated in accordance with scale number two in the table in the Fourth Schedule to this Act and subject to the provisions and the general rules in the said Schedule.

S. 40(4) inserted by No. 7081 s. 16.

(4) Notwithstanding anything in the foregoing provisions of this section the provisions of this Part shall not apply--

(a) to any person appointed to be a member of the police force other than a police cadet on or after the appointed day within the meaning of Part I of the Superannuation Act 1963; or

(b) to any member of the force who becomes an officer within the meaning of the Superannuation Act 1958 pursuant to Part I of the Superannuation Act 1963--

but this Part shall continue on and after the said day to apply to--

(i) police cadets; and

(ii) members of the force who do not become officers within the meaning of the Superannuation Act 1958;

S. 41

repealed by No. 8722

s. 2(b).

* * * * *

42. Entitlement to pensions

(1) Every member of the force to whom this Part applies shall upon his retirement be entitled to receive an ordinary pension for life.

S. 42(2) substituted by No. 7081

s. 17.

(2) Any member of the police force to whom this Part continues to apply after the transfer day within the meaning of Part I of the Superannuation Act 1963 and who at that time or at any time thereafter holds the rank of Chief Commissioner and who elects to retire at any time after attaining the age of sixty years and before attaining the age of sixty-five years shall notwithstanding anything to the contrary in this Act be entitled upon his retirement to receive a pension for life in accordance with the following provisions--

(a) the pension shall be a percentage as hereinafter provided of the pension which he would have received on retirement upon attaining the age of sixty-five years if his salary and years of service at that time were the same as on the actual day of retirement;

(b) if he retires on his sixtieth birthday the appropriate percentage shall be Seventy-five per centum;

(c) if he retires at any time after his sixtieth birthday the appropriate percentage shall be Seventy-five per centum plus an additional Five-twelfths per centum for every completed calendar month by which his age at the day of retirement is greater than on his sixtieth birthday.

S. 42A inserted by No. 9640

s. 4(b).

42A. Pensioner may elect to convert part of pension entitlement to lump sum payment entitlement

S. 42A(1) amended by Nos 9672

s. 49(a), 120/1994

s. 9(1).

(1) Notwithstanding anything in this Act but subject to this section a pensioner who is receiving a pension under section 42 provided that he has not made an election under sub-section (3) may, within the period of three months immediately prior to his attaining the age of 65 years, elect in writing to convert not more than 30 per centum of his fortnightly pension entitlement or $46.50, whichever is the greater to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the ESS Board.

(2) Where a pensioner makes an election under sub-section (1) he shall be entitled to the lump sum payment when he attains the age of 65 years and his pension shall thereupon be reduced by the amount of the pension entitlement converted to a lump sum.

S. 42A(3) amended by No. 9672

s. 49(b), 120/1994

s. 9(1).

(3) Notwithstanding anything in this Act but subject to this section a contributor or pensioner (not being a pensioner at the commencement of the Superannuation Act 1980) who is or will be entitled to a pension under section 42 may, within the period commencing three months prior to his retirement and ending three months after his retirement, elect in writing to convert not more than 30 per centum of his fortnightly pension entitlement or $46.50, whichever is the greater to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the ESS Board.

(4) Where a contributor or pensioner makes an election under sub-section (3) he shall be entitled to the lump sum payment on retirement or on the day on which he makes the election (whichever is the later) and his pension shall be reduced by the amount of the pension entitlement converted to a lump sum on the day on which he becomes entitled to the lump sum payment.

(5) Any election under this section shall apply only in relation to that part of the entitlement of the applicant which relates to the pension that would be payable to him after he becomes entitled to the lump sum payment, until his death.

(6) The provisions of this section shall not apply to enable a contributor or pensioner, who, at any time after he has attained the age of 55 years, has received a pension under section 43 to elect to convert any of his fortnightly pension entitlement under section 42 to a lump sum entitlement.

S. 42A(9)

re-numbered as s. 42A(7) by No. 9549

s. 2(1)(Sch. item 161).

(7) A person shall not be entitled to make more than one election under this section.

No. 3750 s. 43.

43. Pensions and gratuities to members of the forceSubject to the provisions of this Division every member of the force--

(a) if he has completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire and receive an ordinary pension for life; and

(b) if at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, shall be entitled on a medical certificate to retire and receive a special pension for life; and

(c) if he has not completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body not occasioned by such injury as aforesaid, shall be entitled on a medical certificate to retire and receive a gratuity.

S. 44 amended by No. 7538 s. 2, substituted by Nos 8722

s. 2(c), 9066

s. 3.

44. Entitlement of spouse to pension or gratuity

(1) Where a member of the force dies--

(a) whilst serving in the force;

(b) whilst entitled to a pension under this Division; or

(c) in consequence of any disease or injury on account of which he retired from the force--

his spouse shall, unless she is entitled under sub-section (2) to a spouse's special pension, be entitled, subject to this Division, to a spouse's ordinary pension.

(2) Where a member or retired member of the force dies from the effect of an injury received in the execution of his duty without his own default, his spouse shall, if the injury was non-accidental, be entitled, subject to this Division, to a spouse's special pension.

S. 44(3) amended by No. 120/1994

s. 6(1)(f)(i)(ii).

(3) A spouse who is entitled to a pension under this Division may apply to the ESS Board for a gratuity in lieu of the whole or any part thereof; and the ESS Board may if it thinks fit grant to any spouse who is entitled to such a pension a gratuity in lieu of the whole or any part thereof.

S. 44(4) inserted by No. 120/1994

s. 8(1).

(4) No benefit is payable under this Division to a spouse who became the spouse of a retired member of the force only after he or she had finally ceased to be a member of the force and within 2 years of the death of the retired member of the force.

S. 44(5) inserted by No. 120/1994

s. 8(1).

(5) If a spouse who became the spouse of a retired member of the force after he or she had finally ceased to be a member of the force was more than 5 years younger than the retired member of the force then any pension payable to that spouse is to be reduced to the pension that, in the opinion of an actuary appointed by the ESS Board, is the actuarial equivalent at the date of becoming the spouse of the retired member of the force of the pension that would have been payable if the spouse was 5 years younger than the member of the force.

S. 44(6) inserted by No. 120/1994

s. 8(1).

(6) A person is not entitled to receive under this Division at the same time more than one pension but is entitled to whichever of those pensions is the greater.

S. 44(7) inserted by No. 120/1994

s. 8(1).

(7) Despite anything in this Division, only one spouse pension is payable in the case of the death of any one member of the force or retired member of the force, and if after the ESS Board has made reasonable enquiries more than one person should appear to the ESS Board to qualify for a spouse pension then--

(a) if the member of the force or retired member of the force has by request in writing to the ESS Board directed that the spouse pension be paid wholly to one of the persons qualified to receive it or that each be paid part, the ESS Board must give effect to the expressed intentions;

(b) if paragraph (a) does not apply, the ESS Board must in its absolute discretion determine which of the persons who qualifies is to receive the pension or must apportion it between them as the ESS Board considers appropriate.

S. 44A inserted by No. 8722

s. 2(c), repealed by No. 120/1994

s. 8(2).

* * * * *

S. 44B inserted by No. 8722

s. 2(c), amended by No. 19/1989 s. 16(Sch. items 44.1-44.6), repealed by No. 120/1994

s. 8(2).

* * * * *

Nos 3750

s. 45, 4592

s. 7(2).

45. Allowances and gratuities to children and dependantsSubject to the provisions of this Division--

S. 45(a) amended by No. 7910

s. 11(2).

(a) where a member of the force dies whilst in the force, or where a member of the force having been granted a pension dies his children--

(i) who are under the age of eighteen years; or

a gratuity not exceeding the value of the allowance payable under paragraph (a) as calculated by an actuary appointed by the ESS Board; and

(c) where a member of the force dies whilst in the force, or where a member of the force (having been granted a pension) dies within twelve months after the grant of the pension, or at any time from the effects of an injury received in the execution of his duty without his own default, and the said Board recommends the grant of a gratuity to any relative who has been wholly or mainly dependent upon such member the Governor in Council may grant such a gratuity.

Nos 3750

s. 46, 4592 s. 6, 5460 s. 3.

46. Scales of pensions, allowances and gratuitiesThe pensions allowances and gratuities payable under this Division shall be in accordance with the scales and provisions contained in the Fourth Schedule to this Act; and the general rules contained in Part III of the said Schedule shall apply to such pensions allowances and gratuities.

S. 46A inserted by No. 7538

s. 3, amended by No. 8722

s. 2(e)(i)-(v), substituted by No. 9460

s. 4(c).

46A. Member may elect to increase spouse's pension entitlement in certain circumstances

S. 46A(1) amended by No. 42/1990

s. 13(b).

(1) A member of the police force to whom this Part applies may at any time not more than six months and not less than three months before attaining the age of his retirement make a proposal to increase the pension that would be payable to his spouse should he predecease the spouse after his retirement in consideration of--

(a) a reduction of the amount of pension that would be payable to him after his retirement; or

S. 46A(1)(b) amended by No. 120/1994

s. 6(1)(g).

(b) a payment to the ESS Board.

(2) A member may not propose an increase in the pension payable to the spouse if the increase in the spouse's pension would make the spouse's pension more than two-thirds of the pension that would be payable to the member upon his retirement disregarding the reduction (if any) proposed to be made.

S. 46A(3) amended by No. 120/1994

s. 6(1)(g).

(3) Every such proposal shall be in writing in the prescribed form signed by the member, shall be lodged with the ESS Board and shall specify (as the case requires) the amount by which the member proposes to reduce his pension or the amount he proposes to pay to the Board for the purchase of an increase in his spouse's pension or both the amount so proposed to be reduced and the amount so proposed to be paid.

S. 46A(4) amended by No. 23/1994

s. 118 (Sch. 1 item 43.3), substituted by No. 120/1994 s. 9(2).

(4) The ESS Board must--

(a) arrange for the member to be examined by a registered medical practitioner appointed by the ESS Board; and

(b) forward to an actuary appointed by the ESS Board the medical report prepared under paragraph (a) together with any information that the ESS Board considers the actuary may require in relation to the member's proposal.

S. 46A(5) amended by No. 120/1994

s. 9(3).

(5) The actuary shall consider the information and medical report and shall advise the Board on the member's proposal and certify the amount of the increase in the spouse's pension that would in the opinion of the actuary be justified as a result of the proposed reduction in the member's pension or the proposed payment by the member.

S. 46A(6) amended by No. 120/1994

s. 9(3).

(6) If the Board approves the member's proposal the Board shall notify the member in writing of such approval and of the amount certified to the Board by the actuary in accordance with the provisions of sub-section (5).

S. 46A(7) amended by No. 120/1994

s. 9(3).

(7) If the member notifies the Board in writing prior to his retirement that he accepts the amount of increase certified by the actuary--

S. 46A(7)(a) amended by No. 120/1994

s. 9(3).

(a) the pension payable to him on his retirement shall be reduced by the amount proposed by him and the amount of his spouse's pension shall be increased by the amount certified to the Board by the actuary and accepted by the member prior to his retirement; and

46B. Amount of pension payable to pensioner

(1) Notwithstanding any other provision of this Act the pension payable to any pensioner who is employed in the service of the Crown shall be reduced by the amount by which five-sevenths of the amount of his pension together with the remuneration he receives from his employment in the service of the Crown exceed the current equivalent of his salary on retirement.

S. 46B(2) amended by No. 8179

s. 3(i).

(2) In this section--

"current equivalent of the salary on retirement" in relation to a pensioner means such salary as applies from time to time to the rank which the pensioner held on the day prior to his retirement, but, in the case of a pensioner who retired before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and on the day prior to such retirement held the rank of--

(a) superintendent, grade I--means such salary as applies from time to time to the rank of chief superintendent;

(b) superintendent, grade II--means such salary as applies from time to time to the rank of superintendent;

(c) inspector, grade I--means such salary as applies from time to time to the rank of inspector;

(d) inspector, grade II--means such salary as applies from time to time to the rank of inspector;

(e) sergeant--means such salary as applies from time to time to the rank of senior sergeant;

(f) senior constable--means such salary as applies from time to time to the rank of sergeant;

(g) first constable--means such salary as applies from time to time to the rank of senior constable;

S. 46B(2) def. of "employed in the service of the Crown" amended by Nos 9019 s. 2(Sch. item 185), 120/1994 s. 13, 46/1998

s. 7(Sch. 1).

"employed in the service of the Crown" in relation to a pensioner means a person employed under a contract of service--

(a) by the Crown whether employed pursuant to the Public Sector Management and Employment Act 1998, the Teaching Service Act 1981 or otherwise; or

(b) by any public statutory authority constituted under the law of the State--

whether the contract relates to permanent temporary casual full-time part-time or other type of employment.

(3) This section does not apply to the payment of a pension to a pensioner--

(a) who is in receipt of a pension under this Act as a widow of a member of the force or a pensioner;

(b) who being a pensioner became employed in the service of the Crown prior to the commencement of section 6 of the Superannuation (Amendment) Act 1969.

Nos 3750

s. 47, 5448 s. 2.

47. Service to be reckoned for pension

(1) The service of a member of the force for the purposes of this Division (including service during any period declared by regulations to be a period of probationary service) shall be subject to such deductions in respect of sickness misconduct or neglect of duty as may be made therefrom in pursuance of any regulations, not exceeding the period during which he is absent from duty on account of sickness misconduct or neglect of duty (as the case may be).

(2) The expression "approved service" shall, for the purposes of this Division, mean such service as may, after such deductions as aforesaid (if any), be certified by the Chief Commissioner to have been diligent and faithful service and, in the case of a member of the police force who having been a member of the land sea or air forces of any part of the Queen's dominions joined the police force within a period of twelve months from the date of his discharge from such forces, shall include his war service.

(3) Where a deduction is made from the service of a member of the force in respect of sickness misconduct or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made; and he may appeal to the Chief Commissioner against any act of any superior officer which prevents him from reckoning any period of actual service as approved service and any period of actual service allowed by the Chief Commissioner on such appeal shall be deemed to be approved service.