Police Regulation Act 1958

Version No. 081

Police Regulation Act 1958

Act No. 6338/1958

Version incorporating amendments as at 22 August 1999

TABLE OF PROVISIONS

Section Page

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Version No. 081

Police Regulation Act 1958

Act No. 6338/1958

Version incorporating amendments as at 22 August 1999

An Act to consolidate the Law relating to the Police Force in Victoria.

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amended by No. 10087 s. 3(1)(Sch. 1 item 182), repealed by No. 35/1993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

PART I--APPOINTMENTS AND RETIREMENTS

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.
S. 4(5) inserted by No. 15/1989

s. 4.

(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)--
any power, discretion, function, authority or duty of the Chief Commissioner under this Act, any other Act or any regulations, other than this power of delegation or the power to dismiss a member of the force under section 68 or suspend a member under section 68A.

(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.

_______________

PART II--DUTIES AND DISCIPLINE

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).

PART III--SUPERANNUATION GRATUITIES PENSIONS ALLOWANCES AND FUNDS

Division 1--Provisions Applicable to Members of the Force Appointed before November 25th 1902
[2]

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.

Division 2--Provisions Applicable to Members of the Force Appointed on or after 25th November 1902

Introductory

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.

Application of this Division

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;
Provided that when any police cadet is appointed to the rank of constable or any higher rank he shall cease to be subject to this Part and shall be entitled to a refund of the whole of the rateable deductions previously made from his pay.

S. 41

repealed by No. 8722

s. 2(b).

* * * * *

Retirement Pensions Allowances and Gratuities

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
S. 45(a)(ii) amended by No. 8722

s. 2(d)(i).

(ii) who are between the ages of eighteen years and twenty-five years and who in the opinion of the Board are full-time students--
shall be entitled to allowances as provided in the Fourth Schedule;
S. 45(b) amended by No. 8722

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

s. 8(3).

(b) if a child of a member of the force is entitled to an allowance under this Division, the ESS Board may grant with the consent--
(i) of the member's spouse; or
(ii) if there is no spouse, the guardian of the child--

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

s. 9(3).

(b) in the case of a proposal to purchase an increase in the spouse's pension on payment of the amount proposed by the member to the Board 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.
S. 46B inserted by No. 7910

s. 6(2).

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.

Approved Service

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.
(4) For the purposes of this section "war service" means service with the land sea or air forces of any part of the Queen's dominions during the war which commenced in the year One thousand nine hundred and fourteen or during the war which commenced in the year One thousand nine hundred and thirty-nine or any continuation thereof.

Grant Revision Forfeiture and Offences in respect of Pensions

S. 48 amended by No. 23/1994

s. 118 (Sch. 1 item 43.4), repealed by No. 120/1994 s. 6(1)(d).

* * * * *

No. 3750 s. 49.

S. 49 amended by No. 120/1994

s. 6(1)(g).

49. Power to reduce pension etc. where infirmity is due to misconductWhere a member of the force retires on account of infirmity of mind or body and the ESS Board is satisfied on a medical certificate that he has brought about or contributed to the infirmity by his own default or his vicious habits the Governor in Council may in his discretion reduce the amount of his pension or gratuity by an amount not exceeding one-half of that to which he would be otherwise entitled.

No. 3750 s. 50.

S. 50 substituted by No. 120/1994

s. 10.

50. Assignment of benefits

Benefits under this Part cannot in any way be assigned, charged or passed by operation of law other than under an Act of the Commonwealth.

S. 51

repealed by No. 7081

s. 18, new

s. 51

inserted by No. 120/1994 s. 10.

51. Payment of benefits if person is incapableIf a person who would ordinarily be entitled to receive benefits is--

(a) a person who is in the opinion of the ESS Board incapable of managing his or her affairs or of unsound mind; or
(b) an involuntary patient or a security patient within the meaning of the Mental Health Act 1986; or

S. 51(c) amended by No. 52/1998

s. 311(Sch. 1 item 74).

(c) a represented person under the Guardianship and Administration Act 1986--

the ESS Board may cause his or her benefits or any part of the benefits to be paid to his or her guardian or administrator, or, if there is no guardian or administrator, to a person nominated by the ESS Board for the benefit of that person and his or her dependants or any of them until he or she ceases to be incapable or of unsound mind, a patient or a represented person.

No. 3750 s. 52.

52. Penalty for obtaining pension etc. by fraud

(1) Every person who obtains or attempts to obtain for himself or for any other person--
(a) any pension gratuity or allowance under this Division or any payment on account thereof; or
(b) the return of any rateable deductions from pay under this Division--

by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, shall be liable on conviction on presentment to imprisonment for a term of not more than two years, or on summary conviction to imprisonment for a term of not more than three months or to a penalty of not more than $50, and in any case to forfeit any pension gratuity allowance or other sum so obtained.

S. 52(2) amended by No. 120/1994

s. 6(1)(h).

(2) Any penalty imposed or sum forfeited for an offence under this section shall be paid into the Scheme.

Rateable Deductions

S. 53

repealed by No. 120/1994

s. 6(1)(d).

* * * * *

Nos 3750

s. 54, 4592 s. 9.

54. Dismissal etc. for misconduct

S. 54(1) amended by No. 6957

s. 3(a)(i).

(1) A member of the force who for misconduct of any kind has been discharged or dismissed therefrom shall not be entitled to any pension or gratuity under this Division.

S. 54(2) amended by No. 6957

s. 3(a)(ii).

(2) Where a member of the force not having been discharged or dismissed for misconduct of any kind leaves the force without a pension or gratuity, there shall be paid to him the whole of the rateable deductions which have been made from his pay without any interest thereon:

S. 54(2) Proviso amended by Nos 6957

s. 3(a)(iii), 8722 s. 2(f)(i).

Provided that where a member of the force is for misconduct of any kind discharged or dismissed, the whole or any part of such rateable deductions as aforesaid may be applied in such manner as the said Board recommends for the benefit of his spouse or children (if any).

S. 54(3) amended by No. 8722

s. 2(f)(ii), 120/1994

s. 6(1)(g).

(3) On the death before retirement of a member of the force who leaves no spouse there shall be paid to the personal representative of such member the whole of the rateable deductions which have been made from the pay of such member without any interest thereon, less the amount certified by the ESS Board to be necessary to pay any allowance or gratuity payable to the children or any relative of such member.

Heading preceding s. 55

repealed by No. 26/1997

s. 48(b).

* * * * *

S. 55 amended by Nos 7081

s. 19, 8047

s. 16(a)(b), 8722 s. 2(g), 9460 s. 4(d)(e)(i)(ii), 9902 s. 2(1)(Sch. item 205), repealed by No. 120/1994

s. 6(1)(d).

* * * * *

Saving of Right of Dismissal and Reduction

No. 3750 s. 56.

S. 56 amended by No. 6957

s. 3(b).

56. Saving of right of dismissal and reduction in rankNothing in this Division shall prejudice any existing right of suspending reducing discharging or dismissing a member of the force or shall prevent his claim to pension or gratuity from being refused on account of misconduct or on account of any of the grounds on which a pension (if granted) would be liable to be forfeited and withdrawn.

Division 3--Additional Provisions

Provisions of 1948 and 1949

No. 5359 s. 2.

57. DefinitionsIn the next two succeeding sections unless inconsistent with the context or subject-matter--

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

"pensioner" means a person who has retired from the force and is receiving a pension pursuant to this Act or any corresponding previous enactment.

Nos 5359 s. 3, 5448 s. 3.

58. Pensions of members who retired before 2 January 1948

(1) In the case of a pensioner who became a member of the force on or after the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if--
(a) the pay on the said second day of January for the rank he held at retirement were his pay at the date of retirement; and

(b) sub-paragraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension--
and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

(2) Subject to the next succeeding sub-section, in the case of a pensioner who became a member of the force before the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if--
(a) he were a person to whom the provisions of Division two of Part III of this Act apply and who on the said second day of January retired from the force with the same rank and service as such pensioner; and (b) sub-paragraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension--

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

S. 58(3) repealed by No. 42/1990

s. 13(c).

* * * * *

(4) For the purposes of this section any pensioner who--
(a) served as a member of the force for not less than ten years;
(b) was not reduced in rank while a member of the force; and
(c) held the rank of constable at the time of his retirement--

shall be deemed to have held the rank of first constable at the time of his retirement.

(5) Notwithstanding anything in the foregoing provisions of this section--
(a) except insofar as paragraph (b) of this sub-section applies, the rate of pension payable to any pensioner shall not at any time by virtue of this section be more than twenty-five per centum greater than the rate of pension payable to him immediately before the second day of January One thousand nine hundred and forty-eight;
(b) in the case of a pensioner who has elected as mentioned in sub-section (3) of this section, as from and after the coming into operation of the Police Regulation (Amendment) Act 1949 the rate of pension payable to him shall not by virtue of this section be more than twenty-five per centum greater than the rate of pension which would have been payable to him at the date of his retirement if (apart from sub-section (3) of this section) he had then been a person to whom Division two of Part III of the Police Regulation Act 1928 applied;
(c) no pensioner shall by virtue of this section (except by virtue of an election mentioned in sub-section (3) of this section) suffer any reduction of the pension which he was receiving before the said second day of January.

Nos 5359 s. 4, 5488 s. 4.

59. Retrospective increase in certain widows' pensions

(1) (a) Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force or of a pensioner was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the said second day of January and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;
(b) Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 and his widow was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the date of the death of the member or pensioner and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the pensioner.
(2) (a) The pension of any widow (other than a widow referred to in the last preceding sub-section) of a member of the force or pensioner who died before the second day of January One thousand nine hundred and forty-eight shall as on and from the said second day of January and as long as a pension is payable to her be the pension payable immediately before the said second day of January plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;
(b) Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 the pension of his widow (not being a widow referred to in the last preceding sub-section) shall as on and from the date of the death of the member or pensioner and as long as a pension is payable to her be the pension payable as at the date of the death of the member or pensioner plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the member or pensioner; (c) Notwithstanding anything in the foregoing provisions of this sub-section no pension payable to a widow shall by virtue of this sub-section be so increased as to exceed at any time after the second day of January One thousand nine hundred and forty-eight--
(i) in the case of a widow's ordinary pension, the maximum pension payable under this Act appropriate to the relevant rank and service of her husband in the force;
(ii) in the case of a widow's special pension, an amount equal to one-third of the annual pay which would have been payable on the said second day of January to a member of the force having the same rank and service as her husband had at the time of his death or retirement; and in calculating the annual pay for the purposes of this sub-paragraph, sub-paragraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act shall not apply--
and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.

(3) The foregoing provisions of this section shall not apply in the case of a widow whose husband was not a person to whom the provisions of Division two of Part III of this Act or any corresponding previous enactment applied.
(4) Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force was receiving a pension pursuant to the provisions of section twenty-eight of the Police Regulation Act 1928 then as on and from the said second day of January and so long as a pension is payable to her the pension of such widow shall be the pension payable to her immediately before the said second day of January plus twenty-five per centum; and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.

S. 59(5) repealed by No. 42/1990

s. 13(d).

* * * * *

Provisions of 1950

No. 5460 s. 2.

60. Definitions

(1) In the next three succeeding sections unless inconsistent with the context or subject-matter--

"appointed day" means the thirtieth day of June One thousand nine hundred and fifty;

"pensioner" means a person who has retired from the force before the appointed day and who on or after the appointed day is receiving a pension pursuant to the provisions of this Act or any corresponding previous enactment.

S. 60(2) amended by No. 7332

s. 2(Sch. 1 item 95).

(2) For the purposes of the said sections and paragraph 5 of the Fourth Schedule to this Act any member of the force who held for any material period the rank of--
(a) constable (with at least ten years service and not having been reduced in rank)--shall be deemed to have held the rank of first constable;
(b) second-class sergeant or first-class sergeant--shall be deemed to have held the rank of sergeant;
(c) sub-inspector--shall be deemed to have held the rank of inspector--

for such period.

No. 5460 s. 4.

61. Increase of rates of pension to pensioners who retired before 30 June 1950

(1) The rate of pension payable under this Act to each pensioner shall be--
(a) the rate payable under Division two of Part III of this Act to a member of the force who--
(i) on the appointed day first became entitled to a similar pension; and
(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement; or
(b) the rate payable to the pensioner immediately before the appointed day plus twenty per centum--

whichever is the lower rate.

(2) No pensioner shall by virtue of this section suffer any reduction of the rate of pension which he was receiving immediately before the appointed day.

Nos 5460 s. 6, 5467 s. 2.

62. Increase of rates of pension to widows entitled to pension before 30 June 1950

(1) The rate of pension payable under this Act to any widow who became entitled to a widow's ordinary pension before the appointed day shall be--
(a) the rate which would be payable to her if she had first become entitled to the pension on the appointed day; or
(b) the rate payable to her immediately before the appointed day plus twenty per centum--

whichever is the lower rate.

(2) The rate of pension payable under this Act to any widow who became entitled to a widow's special pension before the appointed day shall be--
(a) the rate which would be payable to her if her husband--
(i) had on the appointed day while serving in the force died from the effects of a non-accidental injury received in the execution of his duty without his own default; and
(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as he held during the three years immediately prior to the date of his actual death or retirement; or
(b) the rate payable to her immediately before the appointed day plus twenty per centum--

whichever is the lower rate.

(3) The rate of pension payable under this Act to any widow to whom the foregoing sub-sections of this section do not apply shall be the rate payable to such widow immediately before the appointed day plus twenty per centum.

No. 5460 s. 7.

63. Appropriate retrospective adjustments to be made

(1) Any necessary adjustments shall be made in respect of payments of pension made to any pensioner or widow after the appointed day.
(2) In respect of any such adjustments or of any adjustments authorized under the Police Regulation (Amendment) Act 1948 as amended by any Act payments shall (where the case so requires) be made to the personal representatives of a deceased recipient of pension in respect of the period up to death.

Heading preceding

s. 64

amended by No. 6486

s. 2(2).

Provisions of 1955 and 1958

No. 5897 s. 2.

64. Retrospective payments to pensioners widows and children already entitled to pensions etc.

S. 64(1) amended by No. 6486

s. 2(1)(a).

(1) Notwithstanding anything in this Act the pension or allowance payable to or in respect of any pensioner widow or child to or in respect of whom a pension or allowance was payable under the Police Regulation Acts immediately before the commencement of the Police Regulation (Pensions) Act 1955 shall be at the respective rates provided by this section.
(2) In this section "then rate of pension" means the rate of pension, including any additional amount payable under the Superannuation Police and State Pensions Act 1953, that was payable (apart from the operation of this section) to or in respect of the pensioner or widow concerned immediately before the commencement of the Police Regulation (Pensions) Act 1955.
(3) Subject to this section the rate of pension payable to such a pensioner shall be--
(a) if his then rate of pension was not more than $364--such then rate increased by one-seventh thereof;
(b) if his then rate of pension was more than $364 but not more than $728--such then rate increased by $52;

S. 64(3)(c) amended by No. 6486

s. 2(1)(b).

(c) if his then rate of pension was more than $728--a rate of $780 or such then rate (excluding any additional amount payable under the Superannuation Police and State Pensions Act 1953) increased by one-sixth thereof (whichever is the greater).

(4) Subject to this section the rate of pension payable to such a widow shall be her then rate of pension increased by one-quarter thereof.

S. 64(5) repealed by No. 6486

s. 2(1)(c).

* * * * *

(6) Notwithstanding anything in the foregoing provisions of this section--
(a) the rate of pension payable to any such pensioner shall not exceed the rate payable under Division two of Part III of this Act to a member of the force who--
(i) on the commencement of the Police Regulation (Pensions) Act 1955 first became entitled to a similar pension; and
(ii) during the three years immediately preceding the commencement of that Act held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement;
(b) the rate of pension payable to any such widow shall not exceed the rate which would be payable to her if she had first become entitled to the pension on the commencement of that Act.

Heading preceding

s. 64A

inserted by No. 6695

s. 2.

Provisions of 1960

S. 64A inserted by No. 6695

s. 2.

64A. Basic rate of pension

S. 64A(1) amended by No. 8722 s. 2(h)(i).

(1) In this section "basic rate of pension" means the pension payable per annum to any pensioner or spouse under the provisions of this Act other than the provisions of this section.
(2) (a) Where the basic rate of pension payable to a pensioner is not more than $728 the rate of pension payable to such pensioner shall be his basic rate of pension plus $65 or the rate of $728 per annum whichever is the less.

S. 64A(2)(b) amended by No. 8722

s. 2(h)(ii)(iii).

(b) Where the basic rate of pension payable to a widow is not more than $388.27 the rate of pension payable to such widow shall be her basic rate of pension plus $44.37 or the rate of $388.27 per annum whichever is the less.
Heading preceding

s. 64B

inserted by No. 15/1989

s. 9.

General provision about final salary

S. 64B inserted by No. 15/1989

s. 9.

64B. Final salary for superannuation benefit purposes

(1) Despite anything in this or any other Act, or in any regulations made under any other Act, for the purposes of determining the amount of superannuation benefits payable to a member of the force whose service is terminated by resignation during the period for which that member remains on probation for the rank to which he or she was most recently appointed, the final salary of that member must be taken to be the salary applicable, on the day before the resignation takes effect, to the previous rank of the member.
(2) In this section--

S. 64B(2) def. of "disability" amended by Nos 49/1992

s. 112, 23/1994 s. 118 (Sch. 1 item 43.5).

"disability", in relation to a member of the force, means the inability of the member, due to a continuing or recurring injury, disease or infirmity, to perform his or her duties, or any other duties as directed by the Chief Commissioner, for which he or she is suited by education, training or experience, or for which he or she would be suited as a result of retraining as certified by at least 2 registered medical practitioners within the meaning of the Medical Practice Act 1994;

"previous rank", in relation to a member, means the rank of the member immediately before his or her most recent promotion on probation, whether or not his or her probationary appointment to that previous rank had been confirmed;

"resignation" means the termination of service by a member of the force other than by reason of death or disability.

Heading preceding

s. 64C inserted by No. 42/1990

s. 6(1).

Provision for indexation

S. 64C inserted by No. 42/1990

s. 6(1).

64C. Indexation of pensions[3]

(1) In this section--

S. 64C(1) def. of "consumer price index" amended by No. 120/1994

s. 11.

"consumer price index" means the all groups consumer price index number for all Capital Cities published by the Commonwealth statistician in respect of the June quarter and the December quarter for each year;

"prescribed half year" means the half year ended 30 June 1989 or any subsequent half year ending on 31 December or 30 June in which the consumer price index is higher than the previous highest consumer price index in or since the half year ended 30 June 1989;"prescribed percentage" in relation to a prescribed half year after 30 June 1989 means the percentage calculated to two decimal places in accordance with the formula--

where A is the consumer price index number for the prescribed half year and B is the consumer price index for the next preceding prescribed half year.

S. 64C(2) amended by No. 120/1994

s. 12.

(2) A pension under this Act, together with any supplementary pension granted under the Pensions Supplementation Act 1966 (whether granted before on or after the repeal of the Pensions Supplementation Act 1966), must--
(a) if it is then payable, be increased on the payment of the first instalment of pension in the month of December or June by an amount equal to one-sixth of the prescribed percentage for the next preceding prescribed half year (if any) of the pension for every whole month or part of a month during the preceding half year in respect of which a pension has been payable; or
(b) if for any reason it is not then payable, be notionally so increased as if then payable.

S. 64C(3) amended by No. 120/1994

s. 6(1)(g).

(3) If a pensioner becomes liable to have the amount of any pension, allowance, subsidy, concession or other benefit payable to the pensioner under the Social Security Act 1947 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth reduced by reason of an increase in the amount of the pensioner's fortnightly pension entitlement under this Act, the ESS Board may, on the application in writing of the pensioner at any time within the period commencing 3 months before the date on which the reduction is due to take effect and ending 3 months after the date on which the reduction took effect, convert the amount of the increase in the pensioner's fortnightly pension entitlement to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the Board.

S. 64C(4) amended by No. 120/1994

s. 6(1)(g).

(4) If an application by a pensioner under sub-section (3) is approved by the ESS Board, the pensioner is entitled to the lump sum payment on the day on which the reduction in the amount of the Commonwealth pension or other benefit is due to take effect or on the day on which the approval is given (whichever is the later) and the pensioner's pension is to be reduced by the amount of the pension entitlement converted to a lump sum on the day on which the pensioner becomes entitled to the lump sum payment. (5) An approval under this section operates to convert the proportion of the fortnightly pension entitlement of the pensioner's spouse following the pensioner's death that is identical to the proportion of the pensioner's fortnightly pension entitlement that is converted.

Pt 3 Div. 4 (Heading) substituted by No. 26/1997

s. 48(c).

Division 4--ESS Board

S. 65 amended by No. 7332

s. 2(Sch. 1 item 96), repealed by No. 120/1994

s. 6(1)(d).

* * * * *

No. 3750 s. 58.

S. 66 amended by Nos 9460

s. 4(f), 120/1994

s. 6(1)(i).

66. Applications for pensions, gratuities etc.All applications for pensions, gratuities, allowances or lump sums under this Act or any corresponding previous enactment shall be made to the ESS Board.

S. 67 amended by No. 7538

s. 4(a)(b), 9460 s. 4(f), 9902

s. 2(1)(Sch. item 206), 49/1992

s. 114, repealed by No. 120/1994

s. 6(1)(d).

* * * * *

S. 67A inserted by No. 49/1992

s. 115, amended by No. 120/1994 s. 6(1)(g), repealed by No. 4/1996

s. 134(7)(a).

* * * * *

S. 67B inserted by No. 49/1992

s. 115.

67B. Preservation of minimum benefit

S. 67B(1) amended by Nos 120/1994

s. 6(1)(g)(j), 4/1996

s. 134(7)(b).

(1) If the amount of the benefit paid or payable under this Act in respect of any contributor or former contributor is less than the amount contributed by him or her to the Scheme and interest as determined by the ESS Board on that amount, there is to be paid out of the Scheme to that person in the manner that the ESS Board determines the difference between the two amounts.

S. 67B(2) repealed by No. 4/1996

s. 134(7)(a).

* * * * *

S. 67C inserted by No. 49/1992

s. 115, amended by No. 120/1994

s. 6(1)(g), repealed by No. 4/1996

s. 134(7)(a).

* * * * *

S. 67D inserted by No. 49/1992

s. 115, repealed by No. 4/1996

s. 134(7)(a).

* * * * *

_______________

Pt 4 (Heading) amended by No. 6957

s. 4(1)(b), substituted by No. 35/1993

s. 7.

PART IV--EMPLOYMENT, DISCIPLINARY AND OTHER MATTERS

New Pt 4 Div. 1 (Heading) inserted by No. 30/1999 s. 13.

Division 1--Dismissal of Unsuitable Members

S. 68 amended by Nos 6957

s. 4(1)(c), 9646 s. 7 (as amended by No. 9902 s. 2(1)(Sch. item 208)), 15/1989

s. 10(1)(2), 42/1990

s. 4(2)(a)(b), 11/1992 s. 6, repealed by No. 35/1993

s. 8, new s. 68 inserted by No. 30/1999 s. 13.

68. Chief Commissioner may dismiss unsuitable members

(1) The Chief Commissioner, by written order, may dismiss a member of the force (other than a Deputy Commissioner or an Assistant Commissioner) if the Chief Commissioner is satisfied that the member is unsuitable to continue as a member of the force, having regard to--
(a) the member's integrity; and
(b) the potential loss of community confidence in the force were the member to continue as a member of the force.
(2) Before dismissing a member under this section, the Chief Commissioner--
(a) must give the member a notice setting out the grounds on which the Chief Commissioner considers the member is unsuitable to continue as a member of the force; and
(b) must give the member at least 21 days in which to make written submissions in relation to the proposed dismissal; and
(c) must take into account any submissions made by the member during that period.
(3) The order must set out the reasons why the Chief Commissioner is satisfied that the member is unsuitable to continue as a member of the force.
(4) The dismissal takes effect when the order is made.
(5) The Chief Commissioner must give written notice of the order to the member as soon as practicable after it is made.
(6) A notice under sub-section (2)(a) or (5) may be given to a member--
(a) in person; or
(b) by sending it by post, facsimile or other electronic means to the member at his or her usual or last known residential address; or (c) by leaving it at the member's usual or last known residential address with a person on the premises apparently at least 16 years old and apparently residing there.
(7) A notice under sub-section (2)(a) or (5) is to be taken to have been given to a member--
(a) in the case of delivery in person--at the time of delivery;
(b) in the case of posting--2 business days after the day on which the document was posted;
(c) in the case of facsimile or other electronic transmission--at the time the transmission is received.
(8) If a facsimile or other electronic transmission is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day.

(9) In this section--

"business day" means a day other than--

(a) a Saturday or Sunday; or
(b) a public holiday or public half-holiday in the place to where the notice is sent or delivered.

Pt 4 Div. 1 (Heading) inserted by No. 35/1993 s. 9, repealed by No. 59/1996 s. 10(Sch. 2 item 18).

* * * * *

S. 68A inserted by No. 11/1992, s. 7,

amended by Nos 47/1992 s. 25(7)(a)(b), 83/1992 s. 184 (Sch. 6 item 17.1(a)(b)), repealed by No. 59/1996 s. 10(Sch. 2 item 18),

new s. 68A inserted by No. 30/1999 s. 13.

68A. Suspension pending decision

(1) If the Chief Commissioner gives a member of the force a notice under section 68(2)(a), the Chief Commissioner may suspend the member with pay pending the making of an order under section 68(1).
(2) A suspension under sub-section (1) lasts until the earliest of--
(a) the making of an order under section 68(1) dismissing the member; and
(b) the lifting of the suspension by the Chief Commissioner; and
(c) the expiration of the period of 60 days after the giving of the notice under section 68(2)(a).
(3) The Chief Commissioner may apply to the chairperson of the Police Board for an extension of the time specified in sub-section (2)(c).

(4) The chairperson may give the extension if he or she reasonably believes it is necessary for the proper consideration of the matter by the Chief Commissioner.
(5) An extension may be given more than once.

S. 68B

inserted by No. 30/1999 s. 13.

68B. Application for review of dismissal order

(1) A member of the force who is dismissed from the force by an order under section 68(1) may apply to the Police Board for a review of the Chief Commissioner's decision to make the order on the ground that the decision was not sound, defensible or well-founded.
(2) An application for review must be made within 14 days after the member is notified of the making of the order to which the application relates.
(3) An application for review does not stay the operation of the order to which it relates.

S. 68C

inserted by No. 30/1999 s. 13.

68C. Procedure on review

(1) In conducting a review, the Police Board must proceed as follows--
(a) first, it must consider the Chief Commissioner's reasons for the decision to dismiss the applicant from the force;
(b) secondly, it must consider the case presented by the applicant as to why the decision was not sound, defensible or well-founded;
(c) thirdly, it must consider the case presented by the Chief Commissioner in answer to the applicant's case.
(2) In conducting a review--
(a) the Board must proceed with as little formality and technicality, and as much speed, as a proper consideration of the matters relevant to the review permits; and
(b) the Board is bound by the rules of natural justice.
(3) The applicant has at all times the burden of establishing that the decision to dismiss the applicant from the force was not sound, defensible or well-founded.
(4) Without limiting the matters to which the Board is otherwise required or permitted to have regard in making its decision, the Board must have regard to--
(a) the public interest (which is taken to include the interest of maintaining the integrity of, and community confidence in, the force and the fact that the Chief Commissioner made an order under section 68(1)); and
(b) the interests of the applicant.

S. 68D

inserted by No. 30/1999 s. 13.

68D. What may the Police Board order?

(1) If the Police Board is satisfied that the decision to dismiss the applicant from the force was not sound, defensible or well-founded, the Board may--
(a) order the Chief Commissioner to re-instate the applicant as a member of the force on terms not less favourable to the applicant than those that would have been applicable if he or she had not been dismissed; or
(b) if the Board considers that it would be impracticable to re-instate the applicant, order the Chief Commissioner to pay to the applicant an amount of compensation not exceeding the amount of remuneration of the applicant during the period of 12 months immediately before being dismissed; or
(c) refer the matter back to the Chief Commissioner for re-consideration in accordance with any directions or recommendations that the Board considers appropriate.
(2) If the Board makes an order under sub-section (1)(a), it may also--
(a) order the Chief Commissioner to pay the applicant an amount stated in the order that does not exceed the amount that the applicant would, but for being dismissed, have received before being re-instated; and
(b) order that the period of service of the applicant as a member of the force is taken not to have been broken by the dismissal.
(3) If the applicant was on leave without full pay during any part of the period of 12 months immediately before being dismissed, the maximum amount of compensation that may be ordered under sub-section (1)(b) to be paid is to be determined as if the applicant had received full pay while on leave. (4) When assessing any compensation payable, the Board must take into account--
(a) whether the applicant made a reasonable attempt to find alternative employment; and
(b) the remuneration received in any alternative employment or that would have been payable if the applicant had succeeded in obtaining alternative employment.

(5) If the Board is not satisfied that the decision to dismiss the applicant from the force was not sound, defensible or well-founded, the Board must confirm the order of the Chief Commissioner.

S. 68E

inserted by No. 30/1999 s. 13.

68E. Evidence

(1) The Police Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and, subject to this section, may inform itself on any matter as it sees fit.
(2) The Board may require evidence to be given on oath and, for that purpose, a member of the Board may administer an oath or cause an oath to be administered.
(3) Subject to sub-section (4), evidence is not to be adduced before the Board unless--
(a) notice of intention to do so, and of the substance of the evidence, has been given to the Board before the commencement of the hearing of the review; and
(b) the Board gives leave.
(4) Sub-section (3) does not apply to the following--
(a) the Chief Commissioner's order;
(b) the notice given under section 68(2)(a);
(c) any information before the Chief Commissioner at the time of making the order, including any submissions made under section 68(2)(c).
(5) The Board--
(a) may give leave under sub-section (3)(b) in such circumstances as it thinks fit and having regard to the nature of the review; and
(b) without limiting paragraph (a), must give leave under sub-section (3)(b) if it is satisfied--
(i) that there is a real probability that the applicant may be able to show that the Chief Commissioner has acted on wrong or mistaken information; or
(ii) that there is cogent evidence to suggest that the information before the Chief Commissioner was unreliable, having been placed before the Chief Commissioner maliciously, fraudulently or vexatiously; or
(iii) that the evidence sought to be adduced might materially have affected the Chief Commissioner's decision.

S. 68F

inserted by No. 30/1999 s. 13.

68F. Witnesses

(1) None of the following is a compellable witness in a review unless the Board gives leave--
(a) the Chief Commissioner;
(b) a member of the force;
(c) a person employed in the office of the Chief Commissioner.
(2) The Board may give leave only if it considers that extraordinary grounds exist that warrant leave being given.
(3) Subject to sub-section (1) and section 68E, the chairperson of the Board may issue a summons to a person to attend the Board to give evidence and produce any documents that are referred to in the summons.
(4) A person who has been properly served with a summons to attend must not, without reasonable excuse, fail to--
(a) attend as required by the summons until he or she has been excused or released from attendance by the Board; or
(b) produce any document referred to in the summons that is in his or her possession.

Penalty: Imprisonment for 1 month or 10 penalty units or both.

S. 68G

inserted by No. 30/1999 s. 13.

68G. Representation and costs

(1) In a review, the Chief Commissioner and the applicant may appear personally or be represented by a legal practitioner or, with the leave of the Board, by any other person.
(2) Subject to sub-section (3), each party is to bear their own costs of the review.
(3) The Board may order that a party pay all or a specified part of the other party's costs of a review if satisfied that the first party has conducted themselves in the review in a way that unnecessarily disadvantaged the other party.
(4) An order for costs may be enforced as a debt in a court of competent jurisdiction.

S. 68H

inserted by No. 30/1999 s. 13.

68H. Contempt of Police Board

A person must not--

(a) insult a member of the Police Board while that member is performing functions as member under this Division; or
(b) insult, harass, intimidate, obstruct or hinder a person attending a hearing of the Board in a review; or
(c) misbehave at a hearing of the Board in a review; or
(d) do any other act in relation to a review that would, if the Board were the Supreme Court, constitute contempt of that Court.
Penalty: Imprisonment for 3 months or 30 penalty units or both.

S. 68I

inserted by No. 30/1999 s. 13.

68I. Protection of review participants

(1) A member of the Police Board has, in the performance of his or her functions as member in a review, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as judge.
(2) A person representing a party in a review has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court.
(3) A party to a review has the same protection and immunity as a party to proceedings in the Supreme Court.
(4) A person appearing as a witness in a review has the same protection and immunity as a witness has in proceedings in the Supreme Court.

Pt 4 Div. 2 (Heading) inserted by No. 35/1993

s. 10.

Division 2--Discipline
[4]

Nos 5126 s. 3, 5260 s. 3(1), 6091 s. 3(1).

S. 69 amended by Nos 6833 s. 3, 6957

s. 4(1)(d)(e), 8179

s. 3(j)(i)(ii), 8487 s. 3, 8745 s. 5, 9066 s. 4, 9433 s. 2, 9646 s. 4(a)-(d), 9906 s. 4, 9975 s. 4(a)(b), 10250

s. 9(a)(b), 32/1987

s. 5(1)(a)(b), 15/1989 s. 11, 42/1990

s. 4(3)(a)(i)(ii) (b)(c), 11/1992 s. 8(1)(a)(b)(2), substituted by No. 35/1993

s. 10.

69. Breaches of discipline

(1) A member of the force commits a breach of discipline if he or she--
(a) contravenes a provision of this Act or the regulations; or
(b) fails to comply with a standing order or instruction of the Chief Commissioner; or
(c) engages in conduct that is likely to bring the force into disrepute or diminish public confidence in it; or
(d) fails to comply with a lawful instruction given by the Chief Commissioner, a member of or above the rank of senior sergeant or a person having the authority to give the instruction; or
(e) is guilty of disgraceful or improper conduct (whether in his or her official capacity or otherwise); or
(f) is negligent or careless in the discharge of his or her duty; or
(g) without the approval of the Chief Commissioner--
(i) applies for or holds a licence or permit to conduct any trade, business or profession; or
(ii) conducts any trade, business or profession; or
(iii) accepts any other employment; or
(h) acts in a manner prejudicial to the good order or discipline of the force; or
(i) has been charged with an offence (whether under a Victorian law or under a law of another place) and the offence has been found proven.
(2) A member of the force who aids, abets, counsels or procures, or who, by any act or omission, is directly or indirectly knowingly concerned in or a party to the commission of a breach of discipline, also commits a breach of discipline.

No. 5126 s. 4.

S. 70 amended by Nos 6957

s. 4(1)(f), 8097 s. 4, 8179

s. 3(k), 9433

s. 3(a)-(c), 9646 s. 5(a)(b)(i)(ii) (c)-(f), 15/1989 s. 12, 42/1990 s. 4(4)(a)-(d), 11/1992 s. 9, 83/1992 s. 184 (Sch. 6 item

17.2(a)-(c)), substituted by No. 35/1993

s. 10.

70. Preliminary investigation

(1) If the Chief Commissioner reasonably believes that a member of the force may have committed a breach of discipline, the Chief Commissioner may begin an investigation of the matter.

S. 70(2) amended by No. 30/1999 s. 14(1)(a)(i).

(2) At any time during an investigation into a matter the Chief Commissioner may--
(a) transfer the member to other duties; or

S. 70(2)(b) amended by No. 30/1999 s. 14(1)(a)(ii).

(b) direct the member to take any leave which has accrued to him or her; or

(c) suspend the member from the Force with pay.

(3) If the Chief Commissioner has not charged a member within 3 months of taking action under sub-section (2), the Chief Commissioner must withdraw the transfer, direction or suspension.
(4) The Chief Commissioner may apply to the Chairperson of the Police Review Commission for an extension of the time specified in sub-section (3).
(5) The Chairperson may give the extension if he or she reasonably believes it is necessary for the inquiry.

No. 5126 s. 5.

S. 71 amended by No. 9019

s. 2(1)(Sch. item 185), substituted by No. 35/1993

s. 10.

71. Charging

(1) If, after conducting a preliminary investigation, the Chief Commissioner or an officer authorised by the Chief Commissioner reasonably believes that a member of the force has committed a breach of discipline, the Chief Commissioner or authorised officer may charge the member with the commission of that breach of discipline.

S. 71(2) repealed by No. 30/1999 s. 14(1)(b)(i).

* * * * *

(3) Upon charging a member, the Chief Commissioner or authorised officer may--
(a) transfer the member to other duties; or

S. 71(3)(b) amended by No. 30/1999 s. 14(1)(b)(ii).

(b) direct the member to take any leave which has accrued to him or her; or

(c) suspend the member from the Force with or without pay.

(4) Any action taken under sub-section (3) remains in force until the charge has been finally determined.

No. 5126 s. 7.

S. 72 amended by Nos 6957

s. 4(1)(g), 9902

s. 2(1)(Sch. item 207), 42/1990 s. 13(e), substituted by No. 35/1993

s. 10.

72. Form of charge

(1) A charge must--
(a) be in writing; and
(b) contain particulars of the alleged breach of discipline; and
(c) specify when and where an inquiry into the charge is to be conducted; and
(d) specify that the member must state in writing whether or not he or she admits or denies the truth of the charge; and
(e) specify the time within which the member must make the statement under paragraph (d).
(2) If a member has not made the statement required under sub-section (1)(d) within the time specified under sub-section (1)(e), the Chief Commissioner can proceed without the statement.

No. 5126 s. 8.

S. 73 amended by No. 9646 s. 7 (as amended by No. 9902 s. 2(1)(Sch. item 208)), substituted by No. 35/1993

s. 10.

73. Inquiry into a charge

The Chief Commissioner or an officer authorised by the Chief Commissioner must inquire into and determine a charge.

No. 5126 s. 9.

S. 74 substituted by No. 35/1993

s. 10, amended by No. 46/1998

s. 7(Sch. 1).

74. Authorised officers

The Chief Commissioner may authorise any member of the force or any person employed under the Public Sector Management and Employment Act 1998 to charge a member or to inquire into and determine a charge under section 73.

No. 5126 s. 10.

S. 75 substituted by No. 35/1993

s. 10.

75. Procedure on an inquiry

S. 75(1) amended by No. 35/1996 s. 453(Sch. 1 item 65.1).

(1) A member of the force who is charged with a breach of discipline may appear at the inquiry into the charge or may be represented by any person other than a legal practitioner.
(2) If a member who is the subject of an inquiry does not attend in person or by representative at the time and place fixed for the inquiry, the person conducting the inquiry may proceed in his or her absence.
(3) At an inquiry--
(a) subject to this section, the procedure of the inquiry is at the discretion of the person conducting it; and
(b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and
(c) the person conducting the inquiry is not bound by the rules of evidence but may inform himself or herself in any way he or she sees fit; and
(d) the person conducting the inquiry is bound by the rules of natural justice.
(4) Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to the conduct of an inquiry as if the person conducting the inquiry were a Board or the Chairman of a Board appointed by the Governor in Council.

No. 5126 s. 11.

S. 76 amended by Nos 7349

s. 2(a), 9646

s. 7 (as amended by No. 9902 s. 2(1)(Sch. item 208)), substituted by No. 35/1993

s. 10.

76. Determination of the inquiry

(1) If, after considering all the submissions made at an inquiry the person conducting the inquiry finds that the charge has been proved, the person conducting the inquiry may make one or more of the following determinations--
(a) to reprimand the member; or

S. 76(1)(b) amended by No. 30/1999 s. 14(1)(c).

(b) to adjourn the hearing of the inquiry into the charge on the condition that the member be of good behaviour for a period not exceeding 12 months or on any other condition specified in the determination; or
(c) to impose a fine not exceeding 40 penalty units; or
S. 76(1)(ca) inserted by No. 30/1999 s. 14(1)(d).
(ca) to impose a period, not exceeding 2 years, during which the member will not be eligible for promotion or transfer to other duties; or
(d) to reduce rank or seniority of the member; or
(e) to reduce the remuneration of the member; or
(f) to transfer the member to other duties; or
(g) to dismiss the member.

(2) The person conducting the inquiry may also determine that the member make any restitution or pay any compensation or costs that are appropriate for that matter.
(3) If the person conducting the inquiry reduces a member in rank, the Chief Commissioner must determine the seniority of that member in relation to other members of that rank to which he or she has been reduced.
(4) If the person conducting the inquiry finds that the charge has not been proved--
(a) any suspension against the member relating to the charge expires; and
(b) if the member has been suspended without pay, an amount equal to the pay the member would have received during that period of suspension must be paid to the member; and
(c) if the member has been directed to take leave, the member must be credited with any leave taken at that direction.

No. 5126 s. 12.

S. 77 amended by Nos 7349

s. 2(b), 9646

s. 7 (as amended by No. 9902 s. 2(1)(Sch. item 208)), substituted by No. 35/1993

s. 10.

77. Enforcement of the determination

(1) The Chief Commissioner and, where the Chief Commissioner has not conducted the inquiry, the person conducting the inquiry must take all action necessary to give effect to a determination made on an inquiry.

S. 77(2) amended by No. 30/1999 s. 14(1)(e).

(2) A fine or requirement to pay compensation or costs or make restitution may be recovered in the Magistrates' Court as a civil debt or by deducting the amount from the pay of the member or from any other amount payable to the member by the State.

No. 5126 s. 13.

S. 78 amended by No. 42/1990 s. 4(5), substituted by No. 35/1993

s. 10.

78. Adjournment of charge

(1) If the hearing of an inquiry into a charge has been adjourned under section 76(1)(b), the time and place of the further hearing must be fixed at the time of the adjournment.

(2) If, at the further hearing of the inquiry into the charge, the person conducting the hearing is satisfied that the member has been of good behaviour, he or she must dismiss the charge, but in any other case the hearing must be continued in the same manner as if it had not been adjourned.

Pt 4 Div. 3 (Heading) inserted by No. 35/1993

s. 10.

Division 3--Members Alleged To Have Committed Criminal Offences Punishable by Imprisonment
[5]

No. 5126 s. 14.

S. 79 amended by No. 6505 s. 2, substituted by No. 35/1993

s. 10.

79. Where member believed to have committed a criminal offence punishable by imprisonment

S. 79(1) amended by No. 30/1999 s. 14(1)(f)(i).

(1) If the Chief Commissioner reasonably believes a member of the force to have committed an offence punishable by imprisonment the Chief Commissioner may cause an investigation into the matter under the criminal law to be commenced and may, at any time during that investigation--
(a) transfer the member to other duties; or

S. 79(1)(b) amended by No. 30/1999 s. 14(1)(f)(ii).

(b) direct the member to take any leave which has accrued to him or her; or

(c) suspend the member from the Force with pay.

(2) If a member of the force has been charged under the criminal law with an offence punishable by imprisonment (whether or not within the State or within any other jurisdiction) the Chief Commissioner may--
(a) transfer the member to other duties; or

S. 79(2)(b) amended by No. 30/1999 s. 14(1)(f)(ii).

(b) direct the member to take any leave which has accrued to him or her; or

(c) suspend the member from the Force, with or without pay.

No. 5126 s. 15.

S. 80 substituted by No. 35/1993

s. 10.

80. Where charge found proven against a member

(1) If a member of the force has been charged under the criminal law with an offence punishable by imprisonment (whether or not within the State or in any other jurisdiction) and the offence has been found proven, the Chief Commissioner may--

S. 80(1)(a) substituted by No. 26/1997

s. 40.

(a) do one or more of the following--
(i) reprimand the member;
(ii) reduce rank or seniority of the member;
(iii) reduce the remuneration of the member; or
S. 80(1)(b) substituted by No. 26/1997

s. 40, amended by No. 30/1999 s. 14(1)(g).

(b) require the member to be of good behaviour for a period not exceeding 12 months or on any other condition specified in the determination; or

S. 80(1)(c) substituted by No. 26/1997

s. 40.

(c) impose a fine not exceeding 40 penalty units; or

S. 80(1)(ca) inserted by No. 30/1999 s. 14(1)(h).

(ca) to impose a period, not exceeding 2 years, during which the member will not be eligible for promotion or transfer to other duties; or
S. 80(1)(d) substituted by No. 26/1997

s. 40.

(d) transfer the member to other duties; or

S. 80(1)(e) substituted by No. 26/1997

s. 40.

(e) dismiss the member.

S. 80(1)(f)(g) repealed by No. 26/1997

s. 40.

* * * * *

(2) If a member who has been dismissed under this section is subsequently pardoned or the conviction of the member is subsequently quashed or otherwise nullified, the member may be re-appointed to the force at the rank the member held before dismissal.
(3) Upon a re-appointment under sub-section (2), the member is deemed to have continued in the force as if not dismissed and as if, during the period during which the member was not performing his or her duties because of the dismissal, the member had been on leave of absence without pay.
(4) For the purposes of sub-section (3), a member is not to be taken to be entitled to any other leave credits for any period during which he or she is to be taken to have been on leave of absence without pay.

S. 80(5) inserted by No. 30/1999 s. 14(2).

(5) A fine imposed under this section may be recovered in the Magistrates' Court as a civil debt or by deducting the amount from the pay of the member or from any other amount payable to the member by the State.

No. 5126 s. 16.

S. 81 substituted by No. 35/1993

s. 10.

81. Action not to be taken against a member twice

The Chief Commissioner must not take action against a member under Division 2 in respect of an act for which that member has had action taken against him or her under section 80(1).

Pt 4 Div. 4 (Heading) inserted by No. 35/1993

s. 10.

Division 4--Fitness for Duty
[6]

No. 5126 s. 17.

S. 82 amended by Nos 9066 s. 5, 9646 s. 6(a)-(f), 9975 s. 5, 32/1987

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

s. 13, amended by Nos 42/1990

s. 4(6)(a)(b), 11/1992 s. 10, substituted by No. 35/1993

s. 10.

82. Inquiry into fitness for duty

(1) If the Chief Commissioner reasonably believes that a member is incapable of performing his or her duties or inefficient in performing his or her duties and that incapacity or inefficiency is not caused by any infirmity of mind or body, the Chief Commissioner must inquire into the matter.

S. 82(2) amended by No. 46/1998

s. 7(Sch. 1).

(2) The Chief Commissioner may authorise a member of the force or a person employed under the Public Sector Management and Employment Act 1998 to inquire into a matter under this Division.

No. 5126 s. 18.

S. 83

repealed by No. 11/1992 s. 11, new s. 83 inserted by No. 35/1993

s. 10.

83. Notice of the inquiry

(1) The person conducting the inquiry must give notice of the inquiry in writing to the member who is the subject of the inquiry.
(2) A notice under sub-section (1) must--
(a) state the time and place at which the inquiry is to be conducted; and
(b) give particulars of the alleged incapacity or inefficiency.

No. 5126 s. 19.

S. 84

repealed by No. 11/1992 s. 12, new s. 84 inserted by No. 35/1993

s. 10.

84. Procedure at an inquiry

S. 84(1) amended by No. 35/1996 s. 453(Sch. 1 item 65.1).

(1) A member of the force who is the subject of an inquiry may appear at the inquiry or may be represented by any person other than a legal practitioner.
(2) If a member who is the subject of an inquiry does not attend in person or by representative at the time and place fixed for the inquiry, the person conducting the inquiry may proceed in his or her absence.
(3) At an inquiry--
(a) subject to this section, the procedure of the inquiry is at the discretion of the person conducting it;
(b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit;
(c) the person conducting the inquiry is not bound by the rules of evidence but may inform himself or herself in any way he or she sees fit; and
(d) the person conducting the inquiry is bound by the rules of natural justice.
(4) Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to the conduct of an inquiry as if the person conducting the inquiry were a Board or the Chairman of a Board appointed by the Governor in Council.

No. 5126 s. 20.

S. 85 substituted by Nos 8745 s. 3, 35/1993 s. 10.

85. Determination of the inquiryIf, after considering all the submissions made at the inquiry, the person conducting the inquiry finds that the member is incapable of performing his or her duties or inefficient in performing his or her duties, the person conducting the inquiry may--

(a) transfer the member to other duties; or
(b) reduce the member in rank; or
(c) dismiss the member.

S. 85A inserted by No. 8745 s. 3, repealed by No. 35/1993

s. 10.

* * * * *

Pt 4 Div. 5 (Heading) inserted by No. 35/1993

s. 10.

Division 5--Effect of Suspension Dismissal or Reduction of Rank of a Member
[7]

No. 5126 s. 21.

S. 86 amended by Nos 6886 s. 3, 11/1992 s. 13, substituted by No. 35/1993

s. 10.

86. Suspension of a member

(1) Despite anything to the contrary in this or any other Act or regulation, a member of the force who has been suspended without pay under section 71(3)(c) or 79(2)(c), may, with the approval of the Chief Commissioner, undertake paid employment during the period of that suspension.

S. 86(2) amended by No. 30/1999 s. 14(3)(a).

(2) Immediately upon being suspended, a member must surrender his or her certificate of identity, uniform and equipment issued to him or her for the performance of his or her duties.

Penalty: 50 penalty units.

S. 86(3)-(5) repealed by No. 30/1999 s. 14(3)(b).

* * * * *

(6) A member who has been suspended from the Force must comply with an order from a superior officer to temporarily return to work. A member who does not comply with such an order is guilty of an offence and liable upon conviction to a penalty of 5 penalty units.
(7) A member who is suspended must not, while on suspension, enter any police premises, other than those areas available to the public, unless under a direction to do so.

Penalty: 5 penalty units.

S. 86AAA inserted by No. 30/1999 s. 15.

86AAA. Forfeiture of salary by suspended member

(1) If--
(a) a charge is proven against a member of the force under Division 2; or
(b) a member of the force has been charged with an offence referred to in section 80 and the offence has been found proven; or
(c) a member resigns from the force before any charge under Division 2 or any criminal charge referred to in section 80 is finalised--

and the member has been suspended, the member forfeits all salary that accrued to him or her during the member's suspension and must repay any salary that has been paid to him or her during the suspension.

(2) Any salary not repaid under sub-section (1) may be recovered by the Chief Commissioner, as a debt due to the State, in a court of competent jurisdiction.
(3) The Chief Commissioner may, on application to him or her in writing, determine that sub-section (1) does not apply to a member of the force.

S. 86AA inserted by No. 35/1993

s. 10.

86AA. No compensation for dismissal or reduction of rankA member of the force is not entitled to any compensation for a reduction in his or her salary which is consequent upon a reduction in his or her rank or his or her dismissal under this Part except in accordance with any arrangement made with the employer of members of the force about the termination of employment of members of the force.

Pt 4 Div. 6 (Heading) inserted by No. 35/1993

s. 10.

Division 6--Annual Report of Chief Commissioner
[8]

S. 86AB inserted by No. 35/1993

s. 10.

86AB. Annual report of Chief Commissioner

S. 86AB(1) amended by No. 30/1999 s. 16.

(1) The Chief Commissioner must prepare a report in respect of each year ending on 30 June on any action taken by the Chief Commissioner or an authorised officer under this Part and on the outcome of any such action and on any action taken by the Chief Commissioner upon reviews by the Police Review Commission or the Police Board.
(2) The Chief Commissioner must submit the report to the Minister not later than 30 September in that year.

_______________

Pt 4A (Heading) inserted by No. 10250 s. 10, substituted by No. 14/1988 s. 18(Sch. 1 item 1).

Pt 4A (ss 86A-86U)

inserted by No. 10250 s. 10.

PART IVA--DEPUTY OMBUDSMAN (POLICE COMPLAINTS)
[9]

Division 1--Preliminary

S. 86A inserted by No. 10250

s. 10.

86A. DefinitionsIn this Part--

S. 86A def. of "Authority" repealed by No. 14/1988

s. 14(a).

* * * * *

S. 86A def. of "conduct" substituted by No. 26/1997

s. 41(1).

"conduct", in relation to a member of the force, means--

(a) an act or decision or the failure or refusal by the member to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the member has as or, by virtue of being, a member of the force; or
(b) conduct which constitutes an offence punishable by imprisonment; or
(c) conduct which is likely to bring the force into disrepute or diminish public confidence in it; or
(d) disgraceful or improper conduct (whether in the member's official capacity or otherwise);

S. 86A def. of "Deputy Ombudsman" inserted by No. 14/1988

s. 14(b).

"Deputy Ombudsman" means the Deputy Ombudsman (Police Complaints) appointed under section 6A of the Ombudsman Act 1973;

S. 86A def. of "Ombudsman" inserted by No. 14/1988

s. 14(b).

"Ombudsman" means the Ombudsman appointed under section 3 of the Ombudsman Act 1973;

S. 86A def. of "serious misconduct " inserted by No. 26/1997

s. 41(2).

"serious misconduct", in relation to a member of the force, means--

(a) conduct which constitutes an offence punishable by imprisonment; or
(b) conduct which is likely to bring the force into disrepute or diminish public confidence in it; or
(c) disgraceful or improper conduct (whether in the member's official capacity or otherwise).

S. 86B inserted by No. 10250

s. 10, substituted by No. 14/1988

s. 15.

86B. Provisions of this Act prevailA provision of this Act that is inconsistent with a provision of the Ombudsman Act 1973 prevails, to the extent of the inconsistency, over the provision of that Act.

Ss 86C-86H inserted by No. 10250

s. 10, repealed by No. 14/1988

s. 18(Sch. 1 items 2-7).

* * * * *

S. 86I

inserted by No. 10250

s. 10, substituted by No. 14/1988

s. 16.

86I. Reports

(1) The Ombudsman must include in the annual report made under section 25 of the Ombudsman Act 1973 a report on the operations of the Deputy Ombudsman under this Part during the preceding 12 months.
(2) The Ombudsman may at any time cause a report on any matter arising in connection with the operations of the Deputy Ombudsman under this Part to be laid before each House of Parliament.

S. 86J

inserted by No. 10250

s. 10.

86J. Protection of Deputy Ombudsman etc.

S. 86J(1) amended by No. 14/1988

s. 18(Sch. 1 item 8(a)(b)).

(1) Neither the Deputy Ombudsman nor any officer of the Ombudsman shall be liable, whether on the ground of lack of jurisdiction or on any other ground, to any civil or criminal proceedings to which the Deputy Ombudsman or officer would have been liable apart from this section in respect of any act purported to be done under this Act unless the act was done in bad faith.

S. 86J(2) amended by No. 14/1988

s. 18(Sch. 1 item 9).

(2) No civil or criminal proceedings may be brought against the Deputy Ombudsman in respect of any act of the kind referred to in sub-section (1) without leave of the Supreme Court.

S. 86J(3) amended by No. 14/1988

s. 18(Sch. 1 item 10).

(3) The Supreme Court may not give leave unless it is satisfied that there is substantial ground for the contention that the Deputy Ombudsman has acted in bad faith.

(4) Notwithstanding this section--

S. 86J(4)(a) amended by Nos 14/1988

s. 18(Sch. 1 item 11), 57/1989 s. 3(Sch. item 156.6(a)).

(a) no order may be issued restraining the Deputy Ombudsman from carrying out or compelling the Deputy Ombudsman to carry out any investigation; and

S. 86J(4)(b) amended by Nos 14/1988

s. 18(Sch. 1 item 11), 57/1989 s. 3(Sch. item 156.6(b)).

(b) no proceedings may be brought against the Deputy Ombudsman whereby the issue of such an order is sought.

S. 86J(5) inserted by No. 15/1989

s. 14.

(5) The Deputy Ombudsman may not be called to give evidence in any court or in any judicial proceedings or before the Police Service Board or the Police Discipline Board in respect of any matter coming to his or her knowledge in the exercise of his or her functions under this Act.

S. 86K inserted by No. 10250

s. 10, amended by No. 15/1989

s. 15(1)(a).

86K. Offences

S. 86K(1) amended by No. 30/1999 s. 17(1).

(1) A person who--

S. 86K(1)(a) amended by No. 14/1988

s. 18(Sch. 1 item 12).

(a) without lawful excuse (proof of which lies upon the person) wilfully obstructs hinders or resists the Deputy Ombudsman or any other person in the exercise of his or her powers under this Part; or

S. 86K(1)(b) inserted by No. 15/1989

s. 15(1)(b).

(b) without lawful excuse (proof of which lies upon the person) refuses or wilfully fails to comply with any lawful requirement of the Deputy Ombudsman in the exercise of his or her powers under this Part; or
S. 86K(1)(b) amended by No. 14/1988

s. 18(Sch. 1 item 12),

re-numbered as s. 86K(1)(c) by No. 15/1989 s. 15(1)(c), amended by No. 15/1989

s. 15(1)(d).

(c) wilfully makes a statement which the person knows to be false or misleading in a material particular or misleads or attempts to mislead the Deputy Ombudsman or any other person in the exercise of his or her powers under this Part--

is guilty of an offence.

Penalty: 10 penalty units or imprisonment for 12 months or both.

S. 86K(2) inserted by No. 15/1989

s. 15(2).

(2) In sub-section (1)(b), "lawful requirement" means a requirement of a kind that is agreed between the Ombudsman and the Chief Commissioner to be appropriate for the Deputy Ombudsman to make.

Pt 4A Div. 2 (Heading) substituted by No. 30/1999 s. 17(2).

Division 2--Complaints and Investigations

S. 86L inserted by No. 10250

s. 10.

86L. Making of complaints

(1) A complaint about the conduct of a member of the force may be made--
(a) to another member of the force; or

S. 86L(1)(b) amended by No. 14/1988

s. 18(Sch. 1 item 13).

(b) to the Deputy Ombudsman.

(2) A complaint about the conduct of a member of the force--

S. 86L(2)(a) amended by Nos 14/1988

s. 18(Sch. 1 item 13), 26/1997

s. 42(1).

(a) may not be made to the Deputy Ombudsman by a member of the force except as set out in sub-section (2A); and

(b) may be made by a person or a body of persons, whether corporate or unincorporate; and
(c) may be made by a person on that person's own behalf or on behalf of another person; and

S. 86L(2)(d) amended by No. 14/1988

s. 18(Sch. 1 item 13).

(d) if so requested by the Deputy Ombudsman or member of the force, must be in writing.

S. 86L(2A) inserted by No. 26/1997

s. 42(2), substituted by No. 30/1999 s. 18(1).

(2A) A member of the force must make a complaint to a member of the force of a more senior rank to that member, or to the Deputy Ombudsman, about the conduct of another member of the force if he or she has reason to believe that the other member is guilty of serious misconduct.

S. 86L(3) amended by No. 14/1988

s. 18(Sch. 1 item 13).

(3) If a complaint is made to a member of the force by a person who is not a member of the force, the member must advise the complainant that the complainant may make the complaint to the Deputy Ombudsman.

S. 86L(4) amended by No. 14/1988

s. 18(Sch. 1 item 13).

(4) A person may make a complaint to the Deputy Ombudsman notwithstanding that the complaint has already been made to a member of the force.

S. 86L(5) amended by Nos 14/1988

s. 18(Sch. 1 item 13), 15/1989

s. 16(1).

(5) Notwithstanding anything to the contrary in any Act, if a letter written by a person in custody on a charge or after conviction of an offence is addressed to the Deputy Ombudsman it must immediately be forwarded unopened to the Deputy Ombudsman by the person in charge.

S. 86L(5A) inserted by No. 15/1989

s. 16(2).

(5A) Despite anything to the contrary in any Act (other than sub-section (7)), if a letter written by the Deputy Ombudsman is addressed to a person in custody on a charge or after conviction of an offence, it must immediately be forwarded unopened to the person to whom it is addressed by the person in charge.

S. 86L(6) amended by Nos 15/1989

s. 16(3), 30/1999 s. 18(2).

(6) A person who prevents or hinders the forwarding of a letter referred to in sub-section (5) or (5A) is guilty of an offence.

Penalty: 10 penalty units or imprisonment for 12 months or both.

S. 86L(7) inserted by No. 15/1989

s. 16(4).

(7) If a letter referred to in sub-section (5) or (5A) is suspected by the person in charge of containing drugs, weapons or other contraband, the letter may be opened by the person in charge or his or her delegate in the presence of--
(a) the person who wrote the letter and the Deputy Ombudsman or an officer of the Ombudsman; or
(b) the person to whom the letter is addressed and the Deputy Ombudsman or an officer of the Ombudsman--

as the case requires.

S. 86L(8) inserted by No. 15/1989

s. 16(4).

(8) A person who opens a letter in accordance with sub-section (7) is not guilty of an offence under sub-section (6).

S. 86L(9) inserted by No. 15/1989

s. 16(4).

(9) In this section, "person in charge" means the person who is for the time being in charge of the place or institution where the writer of the letter, or the person to whom the letter is addressed (as the case requires) is detained.

S. 86M inserted by No. 10250

s. 10, amended by No. 14/1988

s. 18(Sch. 1 item 14), substituted by No. 26/1997

s. 43(1).

86M. Complaints made to a member of the force

(1) The Chief Commissioner must investigate a complaint made to a member of the police force about the serious misconduct of a member of the police force.
(2) The Chief Commissioner must as soon as practicable after a complaint of serious misconduct is made give to the Deputy Ombudsman in writing the prescribed details of the complaint.
(3) The Chief Commissioner must as soon as practicable after commencing an investigation into any alleged serious misconduct by a member of the force give to the Deputy Ombudsman in writing the prescribed details of the investigation.

S. 86N inserted by No. 10250

s. 10.

86N. Complaints made to the Deputy Ombudsman

S. 86N(1) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(1) The Deputy Ombudsman may determine that a complaint made to the Deputy Ombudsman does not warrant investigation--

S. 86N(1)(a) amended by No. 14/1988

s. 18(Sch. 1 item 15(b)).

(a) if in the Deputy Ombudsman's opinion--
(i) the subject-matter of the complaint is trivial; or
(ii) the complaint is frivolous or vexatious or is not made in good faith; or
(b) if the complainant had had knowledge for more than a year of the conduct complained of and fails to give a satisfactory explanation for the delay in making the complaint.
S. 86N(2) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(2) Subject to sub-section (4), the Deputy Ombudsman must refer a complaint warranting investigation to the Chief Commissioner.

S. 86N(3) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(3) The Chief Commissioner must investigate a complaint referred by the Deputy Ombudsman.

S. 86N(4) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(4) The Deputy Ombudsman--
(a) must investigate a complaint if the conduct complained of is conduct of the Chief Commissioner or of a Deputy or Assistant Commissioner; and (b) may investigate a complaint if the conduct complained of--

S. 86N(4)(b)(i) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(i) is of such a nature that the Deputy Ombudsman considers that investigation of the complaint by the Deputy Ombudsman is in the public interest; or
S. 86N(4)(b)(ii) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(ii) is in accordance with established practices or procedures of the force and the Deputy Ombudsman considers that those practices or procedures should be reviewed.
S. 86N(5) amended by No. 14/1988

s. 18(Sch. 1 item 15(a)).

(5) In a case to which sub-section (4) applies, if the complaint was not first made to a member of the force, the Deputy Ombudsman must in writing give the Chief Commissioner the prescribed details of the complaint.

S. 86O inserted by No. 10250

s. 10.

86O. Investigations by the Chief Commissioner

S. 86O(1) amended by No. 14/1988

s. 18(Sch. 1 item 16).

(1) The Chief Commissioner must as often as requested by the Deputy Ombudsman report in writing to the Deputy Ombudsman on the progress of an investigation.
(2) The Chief Commissioner may attempt to resolve a complaint by conciliation and must--

S. 86O(2)(a) amended by No. 14/1988

s. 18(Sch. 1 item 16).

(a) before commencing to conciliate, notify the Deputy Ombudsman of the proposed attempt; and

S. 86O(2)(b) amended by No. 14/1988

s. 18(Sch. 1 item 16).

(b) notify the Deputy Ombudsman of the results of the attempt.

S. 86O(3) amended by No. 14/1988

s. 18(Sch. 1 item 16).

(3) After completing an investigation the Chief Commissioner must in writing report to the Deputy Ombudsman on the results of the investigation and the action (if any) taken or proposed to be taken.

S. 86P inserted by No. 10250

s. 10.

86P. Investigations by the Deputy Ombudsman

S. 86P(1) amended by Nos 14/1988

s. 18(Sch. 1 item 17), 15/1989

s. 17(1)(a)(b).

(1) Sections 17, 18, 19, 20 and 20A of the Evidence Act 1958 apply to and in relation to investigations by the Deputy Ombudsman.

S. 86P(1A) inserted by No. 15/1989

s. 17(2).

(1A) For the purpose of an investigation under this Part, the Deputy Ombudsman may take a statutory declaration from any witness or other person.

S. 86P(1B) inserted by No. 15/1989

s. 17(2).

(1B) Subject to section 86Q, a person may not be compelled, for the purposes of an investigation under this Part, to produce any document or give any evidence that he or she could not be compelled to produce or give in proceedings before a court.

S. 86P(2) amended by No. 14/1988

s. 18(Sch. 1 item 17).

(2) The Deputy Ombudsman may attempt to resolve a complaint by conciliation and must--
(a) before commencing to conciliate, notify the Chief Commissioner of the proposed attempt; and
(b) notify the Chief Commissioner of the results of the attempt.

S. 86P(3) amended by No. 14/1988

s. 18(Sch. 1 item 17).

(3) The Chief Commissioner must upon the request of the Deputy Ombudsman make available to the Deputy Ombudsman such members of the force as the Chief Commissioner thinks necessary to assist the Deputy Ombudsman in the conduct of an investigation.

S. 86P(4) amended by No. 14/1988

s. 18(Sch. 1 item 17).

(4) Every member of the force made available to the Deputy Ombudsman remains under the direction and control of the Chief Commissioner but must in assisting the Deputy Ombudsman have regard to the wishes of the Deputy Ombudsman concerning the conduct of an investigation.

S. 86P(5) amended by No. 14/1988

s. 18(Sch. 1 item 17).

(5) After completing an investigation the Deputy Ombudsman must in writing report to the Chief Commissioner on the results of the investigation and may in the report request the taking of any action which the Deputy Ombudsman considers should be taken.

S. 86Q inserted by No. 10250

s. 10.

86Q. Power to require answers etc. of a member of the force

S. 86Q(1) amended by Nos 14/1988 s. 18(Sch. 1 item 18), 26/1997

s. 44(1).

(1) For the purposes of an investigation into a complaint concerning a possible breach of discipline under section 69, the Deputy Ombudsman or the Chief Commissioner (as the case may be) may direct any member of the force to furnish any relevant information, produce any relevant document or answer any relevant question.

S. 86Q(2) substituted by No. 26/1997

s. 44(2).

(2) A member of the force who does not comply with a direction commits a breach of discipline and is liable to be dealt with as for a breach of discipline under section 69.

S. 86Q(3) amended by Nos 26/1997

s. 44(3), 30/1999 s. 19.

(3) Except in proceedings for perjury, for a breach of discipline under section 69 or for failure to comply with a direction, or review proceedings under Division 1 of Part IV, any information, document or answer given pursuant to a direction is not admissible in evidence before any court or person acting judicially.

S. 86R inserted by No. 10250

s. 10.

86R. Further investigations etc.

S. 86R(1) amended by No. 14/1988

s. 18(Sch. 1 item 19).

(1) The Deputy Ombudsman may after receiving the report on an investigation completed by the Chief Commissioner--
(a) request the Chief Commissioner to conduct a further investigation into the complaint; or
(b) conduct such an investigation himself or herself in accordance with section 86P.

(2) The Chief Commissioner must--
(a) in accordance with section 86O, conduct the further investigation as requested; or

S. 86R(2)(b) amended by No. 14/1988

s. 18(Sch. 1 item 19).

(b) report in writing to the Deputy Ombudsman as to why such an investigation is not considered necessary.

S. 86R(3) amended by No. 14/1988

s. 18(Sch. 1 item 19).

(3) The Deputy Ombudsman may, after receiving the report on an investigation or further investigation completed by the Chief Commissioner, in writing request the Chief Commissioner to take such action as the Deputy Ombudsman considers appropriate in addition to any action taken or proposed to be taken by the Chief Commissioner or in substitution for any action proposed to be taken by the Chief Commissioner.

S. 86S inserted by No. 10250

s. 10.

86S. Disagreement as to taking of action etc.

S. 86S(1) amended by No. 14/1988

s. 18(Sch. 1 item 20).

(1) If the Deputy Ombudsman and the Chief Commissioner cannot agree on the need for a further investigation by the Chief Commissioner or on what (if any) action should be taken as the result of an investigation or further investigation, they must refer the matter to the Minister.
(2) The Minister may give directions as to the conducting of a further investigation or the taking of any action.
(3) The Minister may refer to the Director of Public Prosecutions the question of whether or not criminal proceedings should be taken against any member of the force.

S. 86T inserted by No. 10250

s. 10.

86T. Advice to complainant

(1) In the case of a complaint made to a member of the force, the Chief Commissioner must in writing advise the complainant of the results of the investigation and of the action taken or proposed to be taken.

S. 86T(2) amended by No. 14/1988

s. 18(Sch. 1 item 21).

(2) In the case of a complaint made to the Deputy Ombudsman, the Deputy Ombudsman must in writing advise the complainant of the results of the investigation and of any further investigation and of the action taken or proposed to be taken.

S. 86U inserted by No. 10250

s. 10.

86U. Jurisdiction

S. 86U(1) amended by No. 14/1988

s. 18(Sch. 1 item 22).

(1) If in relation to a complaint the question arises of whether or not the Deputy Ombudsman has jurisdiction to investigate the complaint, the Deputy Ombudsman, the Chief Commissioner or any member of the force who is the subject of the complaint may apply to the Supreme Court for a determination of that question.
(2) The Supreme Court may make such order on such an application as it considers proper.

S. 86V inserted by No. 30/1999 s. 20.

86V. Prohibition of victimisation

(1) A person must not take detrimental action, or cause, incite or permit detrimental action to be taken, against a member of the force--
(a) because the member has made a complaint under section 86L about the conduct of any member of the force; or
(b) because the member has given information or evidence to the Chief Commissioner or Deputy Ombudsman in the course of an investigation under section 86O or 86P; or
(c) because the person believes that the member has made, or intends to make, a complaint referred to in paragraph (a) or has given, or intends to give, information or evidence referred to in paragraph (b).

Penalty: 120 penalty units or imprisonment for 12 months or both.

(2) In determining whether a person takes detrimental action against a member of the force it is irrelevant--
(a) whether or not a factor in sub-section (1) is the only or dominant reason for the action;
(b) whether the person acts alone or in association with any other person.
(3) It is a defence to a prosecution under sub-section (1) that the complaint was made frivolously, vexatiously or in bad faith.
(4) In this section--

"detrimental action" means action causing, comprising or involving any of the following--

(a) injury, damage or loss;
(b) intimidation or harassment;
(c) ostracism;
(d) discrimination, disadvantage or adverse treatment in relation to employment;
(e) dismissal from, or prejudice in, employment;
(f) disciplinary proceedings;
"member of the force" includes an employee in the office of the Chief Commissioner.
_______________

Pt 5 (Heading) substituted by No. 35/1993

s. 11.

PART V--CONSTITUTION AND BUSINESS OF THE POLICE REVIEW COMMISSION

Pt 5 Div. 1 (Heading) inserted by No. 35/1993

s. 12.

Division 1--Constitution of the Commission
[10]

Nos 3750

s. 60, 5126

s. 22.

S. 87 amended by Nos 8179

s. 3(l), 9433

s. 4, 10250 s. 11(1), 16/1986 s. 30, 15/1989 s. 18(1)(a)-(d) (2)(3)(4)(a)-(c), substituted by No. 35/1993

s. 12.

87. Establishment of the Commission

There is established a Commission to be called the Police Review Commission.

S. 87A inserted by No. 6957

s. 6(1), amended by Nos 8179

s. 3(m), 9433

s. 5(a)(b), 10250

s. 11(2)(a)(b), 15/1989

s. 18(5), repealed by No. 35/1993

s. 12.

* * * * *

S. 87B inserted by No. 10250

s. 12, amended by No. 57/1989

s. 3(Sch. item 156.7), repealed by No. 35/1993

s. 12.

* * * * *

S. 88 substituted by No. 6957

s. 6(1), amended by Nos 8179

s. 3(n)(i)(ii), 9066 s. 6(a)-(c), 9433 s. 6, 10250

s. 13(a)-(f), 15/1989

ss 18(6), 19(1)(2), 42/1990

s. 7(1)(a)-(d) (i)(ii)(e), substituted by No. 35/1993

s. 12.

88. Functions of the Commission

The functions of the Commission are--
(a) to hear appeals and reviews referred to it under this Act; and
(b) any other functions conferred on the Commission by or under this Act.

S. 88A inserted by No. 6957

s. 6(1), amended by No. 9906 s. 5, substituted by No. 10250

s. 14, amended by No. 42/1990 s. 7(2), repealed by No. 35/1993 s. 12.

* * * * *

S. 88B inserted by No. 6957

s. 6(1), substituted by No. 10250

s. 14, amended by Nos 19/1989

s. 16(Sch. items 44.7, 44.8), 42/1990 s. 7(3), repealed by No. 35/1993

s. 12.

* * * * *

S. 88C inserted by No. 10250

s. 14, amended by Nos 42/1990

s. 7(4), 11/1992

s. 14(1), repealed by No. 35/1993

s. 12.

* * * * *

Nos 3750

s. 62, 5126

s. 22.

S. 89 amended by No. 6957

s. 6(2), substituted by No. 10250

s. 15(1), amended by No. 15/1989

s. 19(3), substituted by No. 35/1993

s. 12.

89. Membership of the Commission

The Commission consists of a chairperson and the deputy chairpersons (if any) appointed by the Governor in Council.

Nos 3750

s. 63, 5126

s. 22.

S. 90 amended by No. 42/1990

s. 7(5), substituted by No. 35/1993

s. 12.

90. Remuneration

S. 90(1) amended by No. 46/1998

s. 7(Sch. 1).

(1) The chairperson and any deputy chairperson, unless that person is an employee of the public service, is entitled to be paid the remuneration and allowances (if any) fixed by order of the Governor in Council for that office.

S. 90(2) repealed by No. 46/1998

s. 7(Sch. 1).

* * * * *

S. 90A inserted by No. 9433 s. 7, repealed by No. 42/1990

s. 7(6).

* * * * *

S. 91 amended by Nos 6957

s. 7(a)-(f), 9019 s. 2(1)(Sch. item 186), 9906

s. 6, 10250

s. 15(2)(a)(b), 19/1989

s. 16(Sch. item 44.9), 42/1990 s. 7(7), substituted by No. 35/1993

s. 12.

91. Term of office and re-appointment

(1) The chairperson and any deputy chairperson holds office for a period of up to 3 years from the date of the office holder's appointment.
(2) The chairperson and any deputy chairperson is eligible for re-appointment.

S. 91(3) substituted by No. 46/1998

s. 7(Sch. 1).

(3) The Public Sector Management and Employment Act 1998 does not apply to the holder of an office of chairperson or deputy chairperson in respect of that office.

S. 91A inserted by No. 9433 s. 8, amended by Nos 15/1989

s. 19(4), 19/1989 s. 16 (Sch. item 44.10), substituted by No. 35/1993

s. 12.

91A. Vacancies, resignation, removal from office

(1) The office of chairperson or deputy chairperson becomes vacant if the holder--
(a) becomes bankrupt; or
(b) is convicted of an offence punishable by imprisonment.
(2) The chairperson or a deputy chairperson may resign by writing delivered to the Minister.
(3) The Governor in Council, upon the recommendation of the Minister, may remove the chairperson or a deputy chairperson from office if the chairperson or deputy chairperson--
(a) becomes incapable of performing his or her duties; or
(b) is negligent in the performance of those duties; or
(c) engages in improper conduct; or
(d) is convicted of an offence.

S. 91B inserted by No. 35/1993

s. 12.

91B. Casual vacancy

(1) If the office of the chairperson or a deputy chairperson becomes vacant, otherwise than by reason of the expiry of the term of office of the chairperson or deputy chairperson, the Governor in Council may appoint a person to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.

S. 91B(2) amended by No. 26/1997

s. 48(d).

(2) If the vacancy occurs within 6 months of the expiry of the term of office of the chairperson or deputy chairperson, the office may be left vacant for the remainder of the term.

S. 91C inserted by No. 35/1993

s. 12.

91C. Proceedings of the Commission

(1) The hearing of an appeal or review referred to the Commission is to be conducted by--
(a) the chairperson or a deputy chairperson sitting alone; or
(b) the chairperson and a deputy chairperson sitting together.
(2) For the purposes of sub-section (1), the chairperson is to determine who is to hear an appeal or review.
(3) If an appeal or review is conducted by the chairperson and deputy chairperson sitting together the chairperson has a casting vote as well as a deliberative vote.
(4) Subject to this Act, the Commission may regulate its own proceedings.

S. 91D inserted by No. 35/1993

s. 12.

91D. Annual report of the Commission

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

Pt 5 Div. 2 (Heading) inserted by No. 35/1993

s. 12.

Division 2--Appeals and Reviews by the Commission
[11]

S. 91E inserted by No. 35/1993

s. 12.

91E. Appeals to the Commission

(1) An appeal under section 8AA or 118B(4) is to be by way of a re-hearing.
(2) The Chief Commissioner must give effect to a decision of the Commission on a re-hearing.

S. 91F inserted by No. 35/1993

s. 12, amended by No. 23/1996

s. 5(1).

91F. Application for a review by the Commission

(1) Subject to this section, a member of the force may apply to the Commission for a review of a decision by the Chief Commissioner or a person authorised by the Chief Commissioner--
(a) not to confirm the member's promotion; or
(b) to disallow the member's promotion; or
(c) to terminate the member's appointment; or
(d) to compulsorily transfer the member; or

S. 91F(1)(e) amended by Nos 23/1996

s. 5(2), 26/1997

s. 48(e), 30/1999 s. 21(1)(a)(b).

(e) to make a determination under section 76(1)(c) or 80(1)(c) to impose a fine exceeding 5 penalty units or to make a determination under section 76(1)(ca), (d), (e), (f) or (g) section 80(1)(a)(ii) or (iii), (ca), (d) or (e) or section 85(a)(b) or (c); or
S. 91F(1)(f) inserted by No. 23/1996

s. 5(2), amended by No. 30/1999 s. 21(2).

(f) that the member is unsuitable for promotion to a position of senior constable (general duties); or

S. 91F(1)(g) inserted by No. 30/1999 s. 21(2).

(g) not to promote a constable who holds a position to the rank of senior constable in the same position.
S. 91F(2) inserted by No. 23/1996

s. 5(3).

(2) Sub-section (1)(d) does not apply to the compulsory transfer of--
(a) a superintendent, chief superintendent or commander; or
(b) an inspector or chief inspector except where the transfer is to or from a country police district for a period of more than 6 months.

S. 91F(3) inserted by No. 23/1996

s. 5(3).

(3) The Chief Commissioner may from time to time determine any area to be the Melbourne metropolitan area for the purposes of this section.

S. 91F(4) inserted by No. 23/1996

s. 5(3).

(4) In this section--

"country police district" means any police district outside the Melbourne metropolitan area determined under this section;

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

S. 91G inserted by No. 35/1993

s. 12.

91G. Review

(1) At a review under this Part, the Commission may recommend to the Chief Commissioner that he or she take the action set out in the recommendation.
(2) The Chief Commissioner must have due regard to a recommendation of the Commission and may take the action set out in the recommendation or vary it.
(3) The Chief Commissioner must notify the Commission and the member concerned of his or her decision under sub-section (2) within 14 days of receiving notice of the outcome of the review.

S. 91H inserted by No. 35/1993

s. 12.

91H. Procedure on an appeal or review

S. 91H(1) amended by No. 35/1996

s. 453(Sch. 1 item 65.2).

(1) A member of the force who has appealed to the Commission or applied for a review by the Commission may appear at the appeal or review or, in the case of a review, may be represented by any person other than a legal practitioner.
(2) If a member who is the subject of an appeal or review does not attend in person or by representative at the time and place fixed for the inquiry, the Commission may proceed in his or her absence.
(3) At an appeal or review--
(a) subject to this section, the procedure of the appeal or review is at the discretion of the Commission; and
(b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and
(c) the Commission is not bound by the rules of evidence but may inform itself in any way it sees fit; and
(d) the Commission is bound by the rules of natural justice.

S. 91I

inserted by No. 35/1993

s. 12, amended by No. 30/1999 s. 29.

91I. Extension of action taken against member

If a member has applied for a review of a determination under section 91F(1)(e) and that member was, pending the outcome of the inquiry at which the determination was made, transferred, on leave or suspended, the Chief Commissioner may require the member to remain transferred, on leave or suspended until the review is completed.

_______________

Pt 5A (Heading) inserted by No. 35/1993

s. 13, substituted by No. 30/1999 s. 22(a).

PART VA--ENFORCEMENT

Pt 5A Div. 1 (Heading) inserted by No. 30/1999 s. 22(b).

Division 1--Reinstatement

No. 4592 s. 4.

S. 92 amended by Nos 6505

s. 2, 6957

s. 3(c)(i)-(iii).

92. Reinstatement of certain discharged etc. members of forceWhere whether before or after the commencement of this Act a member of the force has been on the ground of misconduct of any kind discharged or dismissed subsequently and it is proved to the satisfaction of the Governor in Council that such member was innocent of such misconduct the Governor in Council may reinstate such member to the force with a rank and seniority not lower than his rank and seniority at the time of his discharge dismissal or retirement, and the period between such discharge dismissal or retirement and such reinstatement shall for the purposes of Division two of Part III of this Act be deemed to be a period of approved service:

Provided that where pursuant to the proviso to sub-section (2) of section fifty-four of this Act the whole or any part of the rateable deductions made from the pay of such member have been applied for the benefit of his wife or children such member shall before he is reinstated pay to the Police Pensions Fund an amount equal to the amount so applied.

Pt 5A Div. 2 (Heading) inserted by No. 30/1999 s. 22(c).

Division 2--Offences

S. 93

repealed by No. 6957

s. 5.

* * * * *

S. 94 amended by Nos 8179

s. 3(o), 15/1989

s. 8(2), 57/1989

s. 3(Sch. item 156.8), repealed by No. 42/1990

s. 8(b).

* * * * *

No. 3750 s. 67.

S. 95 substituted by No. 8179

s. 3(p), amended by Nos 9066 s. 7, 42/1990

s. 8(c)(i)(ii), substituted by No. 30/1999 s. 23.

95. Bribery and corruption

(1) A member of the force must not--
(a) take or solicit any bribe, pecuniary or otherwise; or
(b) take or solicit any payment from, or make any collusive agreement with, another person to neglect the member's duty, to take advantage of the member's position or to act in such a manner as to bring discredit to the force.

Penalty: 100 penalty units.

(2) Proceedings for an offence against sub-section (1) may be commenced within the period of 3 years after the commission of the alleged offence.

No. 3750 s. 68.

S. 96 amended by Nos 8179

s. 3(q), 9945

s. 3(3)(Sch. 2 item 28), 57/1989 s. 3(Sch. item 156.9(a)(b)), 42/1990 s. 8(d), 11/1992

s. 14(2)(a)-(c).

96. Penalty for not delivering accoutrements

S. 96(1) amended by No. 30/1999 s. 24(a).

(1) Every person who having been a member of the force has been discharged or dismissed from or has otherwise ceased to hold and execute his office and who does not forthwith deliver over everything whatsoever which has been supplied to him for the execution of his office or which is in his custody by virtue thereof, to such person as is appointed by any order special or general issued by the Chief Commissioner, shall on a charge filed by any officer or senior sergeant, be liable to a penalty of not more than 50 penalty units.

S. 96(2) inserted by No. 11/1992

s. 14(3), repealed by No. 30/1999 s. 24(b).

* * * * *

S. 96(3) inserted by No. 11/1992

s. 14(3), amended by No. 35/1993

s. 14, repealed by No. 30/1999 s. 24(b).

* * * * *

No. 3750 s. 69.

S. 97 amended by Nos 6957 s. 8, 8745 s. 4, 57/1989

s. 3(Sch. item 156.10), 42/1990 s. 8(e).

97. Penalty for personating etc. members of the forceIf any person not being a member of the force has in his possession any arms or ammunition or any article of clothing accoutrements or appointments supplied to any member of the force, and is not able satisfactorily to account for his possession thereof, or puts on or assumes any dress name designation or description used by or in relation to any member of the force or any class of members of the force or gives or offers or promises to give any bribe pecuniary or otherwise, or makes any agreement with any member of the force to induce him in any way to forgo his duty, or concerts or connives at any act whereby any rule order or regulation of the Governor in Council in relation to the force may be evaded or uses the designation rank or description which he previously held in the force, every such person so offending shall in addition to any other punishment for which he is liable for such an offence, on a charge filed by any member of the force be liable to a penalty of not more than 100 penalty units.

No. 3750 s. 70.

S. 98 amended by Nos 9576

s. 11(1), 9945

s. 3(3)(Sch. 2 item 28), 42/1990

s. 8(f).

98. Penalty on persons wrongfully obtaining admission into the force

Every person having been dismissed from the force who by concealing the fact of such dismissal, and every person who by any false or forged certificates, or any false representations, obtains admission into the force, or who by any such means receives any pay gratuity or pension shall be guilty of an indictable offence, and shall be liable to a penalty of not more than 20 penalty units.

Pt 5A Div. 3 (Heading) inserted by No. 30/1999 s. 25.

Division 3--Search and seizure

S. 99 amended by Nos 6957

s. 12(2), 9906

s. 7, repealed by No. 42/1990

s. 8(g), new s. 99 inserted by No. 30/1999 s. 25.

99. What is a relevant offence?In this Division--

"relevant offence" means an offence against any of the following--

(a) section 86(2);
(b) Division 2 of this Part;
(c) section 127A.

S. 100 repealed by No. 42/1990

s. 8(h), new s. 100 inserted by No. 30/1999 s. 25.

100. Entry, search and seizure

(1) A member of the force may enter any place, and may search for and seize anything that the member believes on reasonable grounds may be evidence of the commission of a relevant offence that is found at that place if the entry, search and seizure are made--
(a) with the consent of the occupier of the place; or
(b) in accordance with a warrant issued under section 100A; or
(c) as provided by section 100D.
(2) The power conferred by this section to seize a thing includes the power--
(a) to remove the thing from the place where it was found; and
(b) to guard the thing at that place; and
(c) to make copies of the whole or any part of the thing.
(3) A member of the force must not enter and search any place with the consent of the occupier unless, before the occupier consents to that entry, the member has informed the occupier--
(a) of the purpose of the search; and
(b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and
(c) that the occupier may refuse to consent to the making of copies of the whole or any part of anything found during the search; and
(d) that anything seized during the search may be used in evidence in proceedings.
(4) If an occupier consents to an entry and search, the member of the force who requested consent must before entering the place ask the occupier to sign an acknowledgment in the prescribed form stating--
(a) that the occupier has been informed of the purpose of the search and that anything seized during the search may be used in evidence in proceedings; and
(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and
(c) that the occupier has given consent; and
(d) the date and time that the occupier consented.
(5) If an occupier consents to the seizure of any thing during a search under this section, the member of the force must before seizing the thing ask the occupier to sign an acknowledgment stating--
(a) that the occupier has consented to the seizure; and
(b) the date and time that the occupier consented.
(6) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the member of the force leaves the place.
(7) If, in any proceeding, an acknowledgment signed by the occupier is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of the thing.

S. 100A

inserted by No. 30/1999 s. 25.

100A. Search warrant

(1) A member of the force may apply to a magistrate for the issue of a search warrant in relation to a particular place if the member believes on reasonable grounds that there is, or may be within the next 72 hours, at that place a thing, or things of a particular kind, that may be evidence of the commission of a relevant offence.
(2) If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, of a member of the force that there are reasonable grounds to believe that there is, or may be within the next 72 hours, at a place a thing, or things of a particular kind, that may be evidence of the commission of a relevant offence, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising a member of the force named in the warrant--
(a) to enter the place specified in the warrant, if necessary by force; and
(b) to search for and seize a thing, or things of a particular kind, named or described in the warrant and which the member believes on reasonable grounds to be evidence of the commission of a relevant offence.
(3) A search warrant issued under this section must state--
(a) the purpose for which the search is required and the nature of the alleged offence; and
(b) any condition to which the warrant is subject; and
(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 100B

inserted by No. 30/1999 s. 25.

100B. Announcement before entry

(1) On executing a search warrant, the member executing the warrant--
(a) must announce that he or she is authorised by the warrant to enter the place; and
(b) if the member has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place.
(2) A member need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.

S. 100C

inserted by No. 30/1999 s. 25.

100C. Details of warrant to be given to occupierIf the occupier or another person who apparently represents the occupier is present at a place when a search warrant is being executed, the member executing the warrant must--

(a) identify himself or herself to that person; and
(b) give the person a copy of the warrant.

S. 100D

inserted by No. 30/1999 s. 25.

100D. Seizure of things not mentioned in the warrant

A member of the force executing a search warrant may seize a thing not named or described, or not of a kind named or described, in the warrant if--

(a) the member believes on reasonable grounds that the thing--
(i) is of a kind that could have been included in a search warrant issued under this Division; or
(ii) will afford evidence of the commission of any relevant offence; and
(b) the member believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence.

S. 100E

inserted by No. 30/1999 s. 25.

100E. Copies of seized documents

(1) If a member of the force retains possession of a document seized from a person under this Division (other than a document that is the property of the State), the member must give the person, within a reasonable time, a copy of the document certified as a true copy by the member.
(2) A copy of a document certified under sub-section (1) shall be received in all courts and tribunals to be evidence of equal validity to the original.

S. 100F

inserted by No. 30/1999 s. 25.

100F. Retention and return of seized things

(1) If a member of the force seizes a thing under this Division (other than a thing that is the property of the State), the member must take reasonable steps to return it to the person from whom it was seized if--
(a) the reason for its seizure no longer exists; and
(b) the thing is not required, or likely to be required, in connection with any investigation or proposed investigation under Part IV or IVA.
(2) If the thing seized has not been returned within 6 months after it was seized, the member must take reasonable steps to return it unless--
(a) proceedings for the purpose for which the thing was retained have commenced within that 6 month period and those proceedings (including any appeal) have not been completed; or
(b) an investigation under Part IV or IVA to which the thing is relevant has commenced within that 6 month period and that investigation has not been completed; or
(c) the Magistrates' Court makes an order under section 100G extending the period during which the thing may be retained.

S. 100G

inserted by No. 30/1999 s. 25.

100G. Magistrates' Court may extend 6 month period

(1) A member of the force may apply to the Magistrates' Court within 6 months after seizing a thing under this Division for an extension of the period for which the member may retain the thing.
(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary--
(a) for the purposes of an investigation into whether a relevant offence has occurred; or
(b) to enable evidence of the commission of a relevant offence to be obtained for the purposes of a prosecution; or
(c) for the purposes of an investigation or proposed investigation under Part IV or IVA.

S. 100H

inserted by No. 30/1999 s. 25.

100H. Things seized may be used in connection with investigations into conductA thing seized (whether under this or any other Act) in relation to a relevant offence or an offence punishable by imprisonment may be used in connection with an investigation into the conduct of a member of the force under Part IV or IVA.

Pt 5A Div. 4 (Heading) inserted by No. 30/1999 s. 26.

Division 4--Imprisonment

No. 3750 s. 73.

S. 101 amended by Nos 9945

s. 3(3)(Sch. 2 item 29), 57/1989

s. 3(Sch. item 156.11(a)-(d), 42/1990

s. 8(i)(i)-(iii)).

101. Imprisonment may be substituted for pecuniary penalties

Imprisonment may in the discretion of the court be substituted in lieu of any pecuniary penalty for any of the offences mentioned in this Act provided that such imprisonment does not exceed fifteen days where such pecuniary penalty is not more than 10 penalty units or two months where such penalty is more than 10 penalty units and less than 50 penalty units, or six months where such penalty is more than 50 penalty units. Whenever any penalty or forfeiture has been imposed by the court under the provisions hereof and the person convicted does not forthwith pay the same the court may direct that such person be imprisoned as the court thinks fit for a term of not more than two months if the penalty does not exceed 20 penalty units, and for a term of not more four months if the penalty is above 20 penalty units and not exceeding 50 penalty units, and for a term of not more than six months if the penalty is above 50 penalty units, and such person shall be detained accordingly unless he sooner pays the penalty.

No. 3750 s. 74.

S. 102 amended by No. 42/1990

s. 13(f)(i)(ii).

102. Imprisonment in any place specially appointedEvery member of the force who is subject to punishment of imprisonment under this Act, or for whom imprisonment has been substituted in lieu of a pecuniary penalty for any act of insubordination or misconduct against the discipline of the force, shall be confined in any place specially appointed by the Governor in Council as a police prison instead of a prison or other place where he might be confined under this Act, and no imprisonment or confinement of any member of the force under this Act shall be deemed to be part of any period for which he has engaged to serve in the force; and the period of any such confinement shall in no case exceed the period of imprisonment to which such member has been sentenced.

_______________

PART VI--RETIRED POLICE RESERVE

No. 6017 s. 2.

103. Appointment of police reservists

(1) The Chief Commissioner may from time to time appoint so many fit and proper persons to be police reservists as the Governor in Council thinks necessary.
(2) The Governor in Council may at any time revoke any such appointment.

S. 103(3) amended by No. 26/1997

s. 45(1).

(3) The persons so appointed as police reservists shall constitute the Retired Police Reserve of Victoria but shall not be members of the force within the meaning of this Act except for the purposes of sections nineteen twenty and one hundred and twenty-four and Parts IV and IVA of this Act.

No. 6017 s. 3.

104. Qualifications

A person shall not be deemed a fit and proper person for appointment as or to continue as a police reservist unless--

S. 104(a) repealed by No. 73/1996 s. 66.

* * * * *

(b) he is free from any illness or physical defect which would render him physically unfit to perform the duties of a police reservist;

S. 104(c) amended by No. 61/1986

s. 5(4).

(c) he is an Australian citizen or a British subject within the meaning of section 55(2)(a) or (b) of the Interpretation of Legislation Act 1984 and of good character and reputation; and
(d) he has served for not less than two years in the police force of Victoria.

No. 6017 s. 4.

105. Oath

(1) A person appointed to be a police reservist shall not be capable of holding such office or of acting in any way therein until he has taken and subscribed the oath set out in Form B of the Second Schedule to this Act.

S. 105(2) amended by Nos 15/1989

s. 7(2)(a)-(c), 57/1989

s. 3(Sch. item 156.12).

(2) Such oath shall be administered by the Chief Commissioner, a Deputy Commissioner, an Assistant Commissioner, or a magistrate and shall be subscribed by the person taking it, and when so taken and subscribed before a person other than the Chief Commissioner shall be forwarded to the Chief Commissioner by the magistrate or other person before whom it was taken.

No. 6017 s. 5.

106. Powers and privileges

Every person appointed a police reservist shall on taking and subscribing such oath, and until he is legally discharged, have exercise and enjoy all such powers authorities advantages and immunities and be liable to all such duties and responsibilities as any constable appointed under this Act has by virtue of the common law.

No. 6017 s. 6.

107. Duty of police reservists

Every police reservist shall in the execution of his duty act under the direction and control of the Chief Commissioner or of any other member of the force or other police reservist under whom he is placed by the Chief Commissioner.

No. 6017 s. 7.

108. Training

A police reservist may be required by the Chief Commissioner to attend a course of instruction and training prescribed by the Chief Commissioner.

No. 6017 s. 8.

S. 109 substituted by No. 26/1997

s. 46.

109. DisciplineFor the purpose of maintaining discipline a police reservist is subject, as far as is applicable, to Part IV and any regulations made for the purposes of that Part, and to the standing orders and instructions issued by the Chief Commissioner.

No. 6017 s. 9.

110. Equipment and uniform

(1) Each police reservist shall be supplied free of charge with such equipment as is deemed by the Chief Commissioner to be necessary for the carrying out of his duties.
(2) A police reservist may be required by the Chief Commissioner to perform duty in uniform in which case the Chief Commissioner may supply such uniform free of charge.

No. 6017 s. 10.

111. Resignation

(1) A police reservist shall not resign his office or withdraw from the duties thereof unless expressly authorized in writing so to do by the Chief Commissioner or other person authorized by the Chief Commissioner, or unless he gives to the Chief Commissioner or other person authorized by the Chief Commissioner seven days' notice in writing of his intention so to resign or withdraw.

S. 111(2) amended by No. 42/1990

s. 8(j).

(2) Any person who contravenes or fails to comply with the provisions of this section shall be liable to a penalty of not more than 5 penalty units.

No. 6017 s. 11.

112. Dismissal or termination of service

The Chief Commissioner may at his discretion terminate the service of or suspend or dismiss any police reservist.

No. 6017 s. 12.

113. Cessation of powers on dismissal etc.When any police reservist is dismissed or ceases to hold his office, all powers and authorities vested in him as a police reservist shall immediately cease, and he shall forthwith return to such person as the Chief Commissioner whether generally or in any particular case appoints for the purpose all uniforms equipment and other items supplied to him or of which he has custody or control by virtue of his office.

No. 6017 s. 13.

S. 114 amended by Nos 9392

s. 2(a)(b), 9469

s. 2, 9975 s. 6, repealed by No. 11/1992

s. 15(1).[12]

* * * * *

No. 6017 s. 14.

S. 115 amended by No. 10250

s. 16, repealed by No. 11/1992 s. 15(1).[13]

* * * * *

S. 115A inserted by No. 9392 s. 3, repealed by No. 11/1992

s. 15(1).[14]

* * * * *

S. 115B inserted by No. 9392 s. 3, amended by No. 11/1992

s. 15(2).

115B. Long service leave

The provisions of sections 120 and 120A with respect to members of the police force shall, so far as those provisions are applicable and with such modifications as are necessary, extend and apply with respect to police reservists.

No. 6017 s. 15.

116. Obstructing etc. police reservistsAny person who assaults resists or obstructs any police reservist while in the execution of his duty or promotes incites or encourages any other person so to do shall be liable to a penalty of not more than $40 or to imprisonment for a term of not more than three months.

No. 6017 s. 16.

117. Repute to be evidence of appointment

If any question arises as to the right of any police reservist 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. 6017 s. 17.

118. Regulations

(1) The Governor in Council may make regulations for or with respect to--
(a) the government of police reservists with respect to any matter necessary for making them efficient for the discharge of their duties;
(b) any matter by this Part permitted or authorized to be prescribed by regulations.

S. 118(2) repealed by No. 6886 s. 3.

* * * * *

_______________

Pt 6A (Heading and ss 118A-118K) inserted by No. 32/1987

s. 4.

PART VIA--PROTECTIVE SERVICES OFFICERS

S. 118A inserted by No. 32/1987

s. 4.

118A. DefinitionIn this Part "officer" means an officer appointed under this Part.

S. 118B inserted by No. 32/1987

s. 4.

118B. Appointment of protective services officers

S. 118B(1) substituted by No. 42/1990

s. 9(1)(a).

(1) The Chief Commissioner may, in accordance with the regulations, appoint and promote so many protective services officers as the Governor in Council thinks necessary for the purposes of providing services for the protection of persons holding certain official or public offices and of certain places of public importance.

S. 118B(1A) inserted by No. 42/1990

s. 9(1)(a).

(1A) The number of officers must not at any time exceed 150.

S. 118B(2) substituted by No. 26/1997

s. 45(2).

(2) Officers are not members of the force except for the purposes of Parts IV and IVA.

S. 118B(3) repealed by No. 11/1992

s. 16(a).

* * * * *

S. 118B(3A) inserted by No. 42/1990

s. 10, amended by No. 11/1992

s. 16(b).

(3A) Despite sub-section (2), the provisions of sections 120 and 120A relating to members of the police force shall, so far as those provisions are applicable and with the necessary modifications, extend and apply to protective services officers.

S. 118B(4) substituted by No. 42/1990

s. 9(1)(b), amended by No. 35/1993

s. 15.

(4) Subject to the regulations, an officer who considers that he or she has a better claim to promotion than the officer selected for promotion or transfer may appeal to the Police Review Commission.

S. 118B(5) inserted by No. 42/1990

s. 9(1)(b).

(5) The only ground for appeal is superior efficiency.

S. 118B(6) inserted by No. 42/1990

s. 9(1)(b).

(6) In a promotion or transfer and in an appeal regard shall be had only to the efficiency of the candidates.

S. 118B(7) inserted by No. 42/1990

s. 9(1)(b).

(7) For the purposes of this section, "efficiency" means 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.

S. 118C inserted by No. 32/1987

s. 4.

118C. Oath

(1) A person appointed as an officer is not capable of acting in the office until he or she has taken and subscribed the oath set out in Form B in the Second Schedule, as appropriately modified.

S. 118C(2) amended by Nos 15/1989

s. 7(3)(a)(b), 57/1989

s. 3(Sch. item 156.13).

(2) The oath shall be administered by the Chief Commissioner, a Deputy Commissioner, an Assistant Commissioner, or a magistrate and subscribed by the person taking it and the magistrate or other person (other than the Chief Commissioner) by whom the oath is administered must forward a copy of the oath as so taken and subscribed to the Chief Commissioner.

S. 118D inserted by No. 32/1987

s. 4.

118D. Powers and privileges of officers

An officer who has taken and subscribed the oath has and may exercise, in the execution of his or her duties, the same powers, authorities, advantages and immunities, and is liable to the same duties and responsibilities, as a constable appointed under this Act has and may exercise, or to which such a constable is liable, by virtue of the common law.

S. 118E inserted by No. 32/1987

s. 4.

118E. Direction and control of officersAn officer, in the execution of his or her duties, is subject to the direction and control of the Chief Commissioner.

S. 118F inserted by No. 32/1987

s. 4, substituted by No. 26/1997

s. 47.

118F. Discipline

For the purpose of maintaining discipline, an officer is subject, as far as is applicable, to Part IV and any regulations made for the purposes of that Part, and to the standing orders and instructions issued by the Chief Commissioner.

S. 118G inserted by No. 32/1987

s. 4.

118G. Resignation

An officer must not resign or withdraw from duty unless expressly authorised in writing by the Chief Commissioner or by a person authorised in that behalf by the Chief Commissioner or unless the officer gives to the Chief Commissioner or such other person 14 days' notice in writing of the intention to resign or withdraw.

S. 118H inserted by No. 32/1987

s. 4, amended by No. 15/1989

s. 20.

118H. Dismissal

The Chief Commissioner may terminate the service of, or suspend, dismiss or reduce in rank, an officer.

S. 118I inserted by No. 32/1987

s. 4, repealed by No. 73/1996 s. 67.

* * * * *

S. 118J inserted by No. 32/1987

s. 4.

118J. OffenceA person must not assault or obstruct an officer in the execution of the officer's duty.

Penalty: 10 penalty units.

S. 118K inserted by No. 32/1987

s. 4.

118K. Regulations

The Governor in Council may make regulations for or with respect to--

S. 118K(a) amended by No. 42/1990

s. 9(2).

(a) the qualifications and procedures for appointment, promotion and transfer of officers;
S. 118K(aa) inserted by No. 15/1989

s. 21.

(aa) a rank structure for officers;

(b) the discipline of officers;
(c) any matter relating to the efficiency of officers in the discharge of their duties; and
(d) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
_______________

PART VII--MISCELLANEOUS PROVISIONS

No. 3750 s. 75.

119. Governor may recommend increase of pensions etc.Nothing in this Act contained shall be taken to prevent the Governor from recommending by message to the Legislative Assembly any addition to any pension gratuity or allowance in consideration or recognition of any special services rendered by any member of the force entitled thereto or of any other unusual circumstances.

Nos 5126

s. 24, 5549 s. 2.

120. Long service leave

S. 120(1) amended by Nos 7135

s. 9(2)(a), 8759

s. 2(a)(i)(ii), 9906 s. 8(a).

(1) Every member of the police force who has served for ten years shall be entitled in accordance with regulations made under this section to be granted by the Chief Commissioner three months long service leave with pay in respect of that period of ten years service and one and a half months long service leave with pay in respect of each additional period of five years completed service.

S. 120(1A) inserted by No. 9469 s. 3, amended by No. 9906

s. 8(a).

(1A) Where a member of the police force is by virtue of sub-section (1) entitled to a period of long service leave with pay, the Chief Commissioner, may at the request of the member, allow the member to take the whole or any part of the long service leave at half pay for a period equal to twice the whole or the part, as the case may be, of the period to which he is so entitled.

S. 120(2) amended by Nos 7135

s. 9(2)(b), 8759

s. 2(b)(i)-(iv)(c), 8959 s. 2, 9906 s. 8(b).

(2) Where--

S. 120(2)(a) substituted by No. 6957

s. 9(1), amended by No. 9392

s. 4(a).

(a) on account of ill health or pursuant to any of the provisions of section 16A a member of the force retires; or

(b) a member of the force dies;

S. 120(2)(c) repealed by No. 8759

s. 2(d).

* * * * *

that member shall in accordance with the regulations made under this section be entitled, or (in the case of death) shall be deemed to have been entitled, to be granted by the Chief Commissioner--

where the period of service is not less than four years but less than ten years, then in respect of the period of service;
where the period of service is more than ten years, then in addition to any entitlement under sub-section (1) in respect of any part of the period of service which does not give rise to any entitlement under sub-section (1)--
such amount of long service leave with pay as equals one-fortieth of the period of service.

S. 120(3) amended by No. 9906

s. 8(c).

(3) The Chief Commissioner shall have discretion as to the time of granting any leave under this section so that the police force will not be unduly affected by the granting of such leave to numbers of members at or about the same time.

S. 120(4) amended by Nos 6957

s. 9(2), 9392

s. 4(b), 9906

s. 8(c).

(4) Where on account of ill health or pursuant to any of the provisions of section 16A a member of the force retires, that member may by notice in writing to the Chief Commissioner elect to take pay in lieu of the whole or any part of any such leave to which he is then entitled and the Chief Commissioner shall grant him pay in lieu thereof accordingly.

S. 120(5) repealed by No. 8759

s. 2(d).

* * * * *

S. 120(6) amended by No. 9906

s. 8(c).

(6) Where a member of the force entitled to any such leave or to pay in lieu thereof dies before or while taking such leave or (as the case may be) before such pay in lieu is paid the Chief Commissioner shall to the extent that pay in lieu thereof has not already been paid to that member grant pay in lieu of the whole or part of the leave not taken or (as the case may be) grant the pay in lieu to the legal personal representative of the deceased member.
(7) The nature of the service and the computation of the period of service which entitles members of the force to be granted long service leave and the method of computing pay under this section shall be as prescribed by regulations made under this section and, without affecting the generality of the foregoing, such regulations may provide that service in any prescribed office under the Crown or with a Public or Governmental Authority or service in any office in the service of the Commonwealth of Australia or of any other Australian State shall to the extent prescribed be taken into account in computing the period of service.
(8) In the computation of the period of long service leave or pay in lieu thereof to which any member of the force is entitled under this section there shall be taken into account any long service leave or pay in lieu thereof already granted to him under this section as in force before the commencement of the Police Regulation (Furlough) Act 1951.
(9) The provisions of this section shall not apply with respect to any member of the force who before the commencement of the Police Regulation (Furlough) Act 1951 has attained the appropriate retiring age referred to in section forty-two of this Act or ceased to be a member of the force; but the provisions of section twenty-four of Police Regulation Act 1946 as in force before the commencement of the Police Regulation (Furlough) Act 1951 shall (where applicable) apply as if still in force with respect to any such member unless he attained such age or ceased to be a member of the force before the seventeenth day of May One thousand nine hundred and forty-six.

S. 120(10) amended by No. 9906

s. 8(d)(i)(ii).

(10) The Governor in Council may make regulations for or with respect to any matter by this section authorized or required to be prescribed or necessary or expedient to be prescribed for carrying this section into effect.

S. 120A inserted by No. 7536 s. 3, amended by No. 8759

s. 3(a)(i)(ii)(b), substituted by No. 8959 s. 3, amended by Nos 9906

s. 9(a)(b), 42/1990

s. 13(g).

120A. Payment in lieu of long service leave on resignation or dismissalNotwithstanding anything in section 120 where a member of the force with service amounting to not less than ten years resigns or is dismissed or for any reason other than age or ill-health has his services terminated, the Chief Commissioner on the written application of the member may in lieu of long service leave with pay grant the payment to the member of a sum determined by the Chief Commissioner which shall not in any case exceed a sum representing pay for services equal to one-fortieth of the period of service:

Provided that no such payment shall be made for any part of the period of service in respect of which long service leave with pay or pay in lieu thereof has been taken by the member.

S. 120B inserted by No. 9906

s. 10.

120B. Grant of long service leave to Chief CommissionerThe Minister may grant to the Chief Commissioner in accordance with the terms and conditions prescribed for members of the force in section 120 or section 120A long service leave with pay or pay in lieu thereof.

S. 121 repealed by No. 6957 s. 5, new s. 121 inserted by No. 7349

s. 2(c).

121. Payment in respect of recreation leave outstanding at death

S. 121(1) amended by No. 11/1992

s. 17(1)(a)(b).

(1) Where a member of the force who is the Chief Commissioner or a Deputy Commissioner or an Assistant Commissioner dies and at the time of his death he was entitled to any leave of absence for recreation in respect of either the year in which he died or the previous year or both such years there shall be paid to his legal personal representative such amount as would have been payable to such member by way of salary wages and allowances in respect of the period of the leave had he commenced taking the leave on the day after his death and not died until the expiration of the period of the leave.

S. 121(2) amended by No. 11/1992

s. 17(2).

(2) The provisions of sub-section (1) shall apply with respect to the leave of absence for recreation of the Chief Commissioner, Deputy Commissioners and Assistant Commissioners who die after the commencement of the Public Officers Act 1965.

Nos 3750

s. 77, 4592

s. 17.

S. 122 amended by Nos 6957

s. 2(g), 8179

s. 3(r)(i)(ii), 9902 s. 2(1)(Sch. item 207), substituted by No. 10250

s. 17.

122. Disposal of unclaimed goods and chattels

(1) Any goods and chattels which have lawfully come into the possession of a member of the force and which are unclaimed may be disposed of in accordance with this section.
(2) Goods and chattels which are of a perishable nature and which are unclaimed after reasonable inquiries have been made as to ownership may then be disposed of.

S. 122(3) amended by No. 16/1987

s. 4(3)(Sch. 1 item 18).

(3) Subject to sub-section (2), goods and chattels left by any person imprisoned or detained at any time in a police gaol within the meaning of the Community Services Act 1970 which are unclaimed after 12 months after being left may then be disposed of.
(4) In any case to which neither sub-section (2) nor sub-section (3) applies, goods and chattels which are unclaimed after three months after coming into possession may then be disposed of.
(5) Disposal shall at the direction of an officer be by--
(a) sale by public auction; or
(b) destruction; or
(c) such other means (including sale not by public auction) as are approved by the Minister either in relation to particular goods and chattels or generally in relation to particular kinds of goods and chattels.
(6) A notice of sale by public auction must be published in the Government Gazette before the auction takes place.
(7) The net proceeds of any sale under this section shall be paid to the Consolidated Fund.
(8) Every sale under this section is valid against all persons.
(9) The Auction Sales Act 1958 does not apply to any person selling by public auction goods and chattels under this section.

S. 123 amended by Nos 6505 s. 2, 8179 s. 3(s), repealed by No. 9906

s. 11.

* * * * *

No. 3750 s. 79.

S. 124 substituted by No. 10250

s. 18.

124. Protection of members in respect of warrants

(1) In this section, "court" means--

S. 124(1)(a) substituted by No. 57/1989

s. 3(Sch. item 156.14(a)).

(a) the Magistrates' Court; and

(b) a magistrate; and

S. 124(1)(c) repealed by No. 57/1989

s. 3(Sch. item 156.14(b)).

* * * * *

S. 124(1)(d) amended by No. 57/1989

s. 3(Sch. item 156.14(c)).

(d) the registrar of the Magistrates' Court; and

(e) a board tribunal commission or other body (whether constituted by one or by more than one person) established by or under any Act; and
(f) a member of any such board tribunal commission or body; and
(g) an officer of any such board tribunal commission or body.

(2) No action may be brought against any member of the force or any person acting by order of or in aid of any member of the force for anything done in obedience to a warrant of a court until--
(a) a written demand for perusal and a copy of the warrant signed by or on behalf of the party or parties intending to bring the action has been made on the member or person or left at the usual place of abode of the member or person; and
(b) that demand is complied with or is refused or neglected for six days after it is made or left (whichever first occurs).
(3) In any action brought against any member of the force or any person acting by order of or in aid of any member of the force for anything done in obedience to a warrant of a court--
(a) the member or person shall not be responsible for any irregularity in the issuing of the warrant or for any want of jurisdiction in the court; and
(b) upon the warrant being produced and proved at the trial of the action and upon it being proved that the act complained of was done in obedience to the warrant, verdict and judgment must be given for the defendant, notwithstanding any such irregularity or want of jurisdiction, and the member or person shall recover his or her costs.
(4) Sub-section (3) applies whether or not an action is brought jointly against the court and the member or person.
(5) If in an action to which sub-section (3) applies verdict and judgment is given against the court, an order may be made for the plaintiff's costs to include such costs as the plaintiff is liable to pay the member or person.

No. 3750 s. 80.

S. 125 amended by Nos 9019

s. 2(1)(Sch. item 187), 57/1989 s. 3(Sch. item 156.15(a)(b)).

125. Disputed property in possession of policeWhen any member of the police force has taken possession of any goods other than goods seized under a warrant to seize property and it is doubtful whether any person claiming such goods or which of any two or more persons so claiming is entitled to the possession thereof of the Magistrates' Court, upon the application of such member and in the presence of all the parties claiming such goods or in the absence of any such parties who having had reasonable notice of the hearing of such application do not appear, may hear receive and examine evidence touching the matter of such application and may order to whom such goods shall be delivered by such member, and such goods shall be delivered accordingly; and if after the making of such order any action is commenced against such member for the recovery of such goods or the value thereof, such order and the delivery of the goods in pursuance thereof may be given and shall be received in evidence in bar of such action, but such order or delivery shall not affect the rights or liabilities of the persons claiming such goods or to whom the same have been delivered as aforesaid.

S. 126 amended by No. 6957

ss 4(1)(d), 12(3), repealed by No. 9906

s. 12.

* * * * *

Nos 3750

s. 83, 5126

s. 23(1)(e).

S. 127 amended by No. 42/1990

s. 8(k).

127. Penalty on persons causing disaffection etc.Every person who--

(a) causes or attempts to cause or does any act calculated to cause disaffection among the members of the force; or
(b) induces or attempts to induce or does any act calculated to induce any member of the force to withhold his services or to commit breaches of discipline--
shall be liable to a penalty of not more than 10 penalty units:

Provided that nothing in this section shall apply to any person who in good faith--

(i) points out or endeavours to point out errors or defects in or desirable alterations or improvements to laws regulations or working conditions governing members of the police force; or
(ii) induces members of the police force to attempt to procure by lawful means the alteration of any of the laws regulations or working conditions governing members of the police force.

S. 127A inserted by No. 7081

s. 20.

127A. Unauthorized disclosure of information and documents

S. 127A(1) amended by No. 42/1990

s. 8(l).

(1) Any member of the police force who publishes or communicates, except to some person to whom he is authorized to publish or communicate it, any fact or document which comes to his knowledge or into his possession by virtue of his office and which it is his duty not to disclose shall be guilty of an offence against this Act and liable to a fine of not more than 20 penalty units.

S. 127A(2) amended by No. 42/1990

s. 8(l).

(2) Any person who having been a member of the police force publishes or communicates without lawful authority or excuse (proof whereof shall lie upon him) any fact or document which came to his knowledge or into his possession by virtue of his office and which at the time when he ceased to be a member of the police force it was his duty not to disclose shall be guilty of an offence and liable to a fine of not more than 20 penalty units.

No. 3750 s. 85.

S. 128 amended by No. 57/1989

s. 3(Sch. item 156.16(a)(b)).

128. No certiorari permitted

No information complaint conviction order or other proceeding before or by the Magistrates' Court under this Act shall be quashed or set aside or be deemed void or insufficient for want of form only or be removed or removable by certiorari or other process whatsoever into the Supreme Court.

No. 6091 s. 4.

129. Power to Minister to enter into and enforce agreements with members of the force

S. 129(1) amended by Nos 6833 s. 4, 6957 s. 2(h), 42/1990

s. 12(1)(b)(i)(ii), 11/1992 s. 18.

(1) The Governor in Council may by Order authorize the Minister to enter into agreements with members of the force who undertake special training courses with sureties approved by him and may make regulations prescribing the form of and conditions to be contained in such agreements and providing for or with respect to the payment to the Minister by such members of the force and sureties of such amounts as are fixed by the Minister for or with respect to breaches of such agreements by members of the force.

S. 129(2) repealed by No. 6886

s. 3.

* * * * *

S. 129A inserted by No. 35/1993

s. 16.

129A. Supreme Court--limitation of jurisdictionIt is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in the circumstances set out in section 86AA of this Act.

Nos 3750

s. 86, 5126

s. 23(1)(g), 5260 s. 2.

130. Regulations

(1) The Governor in Council may make regulations for or with respect to--
(a) deductions from service for sickness misconduct or neglect of duty;
(b) the mode in which pensions gratuities or allowances are to be paid;
(c) the declarations to be made as a condition of the payment of pensions gratuities or allowances payable under Division two of Part III of this Act;
(d) declaring what period shall be a period of probationary service in the force;

S. 130(1)(da) inserted by No. 6957

s. 10(a), amended by No. 9469

s. 4.

(da) the appointment of persons who are members of the police force of the Commonwealth or of another State or Territory of the Commonwealth or of any other country as members of the force under this Act;
S. 130(1)(db) inserted by No. 6957

s. 10(a), amended by No. 9469

s. 4.

(db) permitting members of the force to accept appointment as members of the police force of the Commonwealth or of any other State or Territory of the Commonwealth or of any other country;
S. 130(1)(dc) inserted by No. 6957

s. 10(a).

(dc) regulating the conduct of members of the force while serving as members of any other police force and regulating the conduct of members of any other police force while serving as members of the police force of Victoria;
S. 130(1)(dd) inserted by No. 6957

s. 10(a).

(dd) requiring any members of the force to reside in the district or sub-district to which they are attached or to reside in any particular premises within the district or sub-district which are provided for the use of and allocated to such members;
S. 130(1)(de) inserted by No. 6957

s. 10(a), amended by No. 42/1990

s. 11.

(de) prescribing charges that may be made for the services of any member of the force;

S. 130(1)(dea) inserted by No. 9066

s. 8(1), substituted by Nos 10250

s. 19(a), 11/1992

s. 17(3).

(dea) authorising the Chief Commissioner to grant leave with or without pay to a member of the force who is a Deputy Commissioner or an Assistant Commissioner and prescribing the effect of that leave on any other entitlement that the member may have or may come to have under this Act or the regulations;
S. 130(1)(df) inserted by No. 6957

s. 10(a).

(df) the government of the members of the force;

S. 130(1)(dg) inserted by No. 6957

s. 10(a).

(dg) any matter necessary or expedient to promote the efficiency of the force or to promote the efficient discharge of duties by any member or any class of members of the force;
S. 130(1)(dh) inserted by No. 10250

s. 19(b).

(dh) the investigation of complaints about the conduct of members of the force;

(e) appeals provided for in Division two of Part III of this Act and the costs of such appeals;

S. 130(1)(f) substituted by No. 35/1993

s. 17.

(f) appeals and reviews by the Police Review Commission;

S. 130(1)(g) amended by No. 6957

s. 10(b), substituted by No. 35/1993

s. 17.

(g) any proceedings under Part IV;

S. 130(1)(h) amended by No. 6957

s. 10(c), substituted by No. 35/1993

s. 17.

(h) prescribing scales of fees or expenses to be paid to witnesses appearing before the Police Review Commission and the classes of cases in which any prescribed fees or expenses may be paid;
S. 130(1)(i) amended by No. 6957

s. 10(d), substituted by No. 42/1990

s. 4(7), repealed by No. 35/1993

s. 17.

* * * * *

(j) generally any matter or thing required or permitted to be prescribed or which is necessary or convenient to be prescribed for carrying this Act into effect.

S. 130(2) repealed by No. 6886

s. 3.

* * * * *

__________________
SCHEDULES

Sch. 1 repealed by No. 35/1993

s. 4.

* * * * *

_______________

Sch. 1A inserted by No. 72/1992

s. 8.

SCHEDULE 1A
MEMBERSHIP, TERMS AND CONDITIONS OF OFFICE AND PROCEDURE OF THE POLICE BOARD

1. Vacancies

(1) An appointed member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council.

(2) The chairperson may resign the office of chairperson by writing signed by the chairperson and addressed to the Governor in Council.

(3) The Governor in Council may remove an appointed member of the Board from office at any time and may remove the chairperson from the office of chairperson at any time.

(4) If an appointed member of the Board dies, resigns, or is removed from office, or if the chairperson dies, resigns from the office of chairperson or is removed from that office the Governor in Council may, in accordance with this Act, fill the vacant office.

(5) A member or chairperson appointed under sub-clause (4) holds office for the term, not exceeding 5 years, that is specified in the instrument of appointment.

2. Acting member

(1) If an appointed member of the Board is unable to perform the duties or functions of the office, the Governor in Council may appoint a person qualified to be appointed as that member to act as the member during the period of inability.

(2) The Governor in Council--

(a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and

(b) may at any time terminate the appointment.

(3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member.

3. Payment of member

Sch. 1A cl. 3(1) amended by No. 46/1998

s. 7(Sch. 1).

(1) Each appointed member or acting member of the Board (other than a member who is an employee of the public service) is entitled to receive the fees that are fixed from time to time by Order of the Governor in Council for that member.

(2) Each member or acting member of the Board is entitled to receive the allowances that are fixed from time to time by Order of the Governor in Council.

Sch. 1A cl. 3(3) repealed by No. 26/1997

s. 48(f).

* * * * *

Sch. 1A cl. 4 substituted by No. 30/1999 s. 27.

4. Procedure of the Board

(1) At a meeting or on a review, the person who must preside is--

(a) the chairperson; or

(b) if the chairperson is absent, an appointed member elected to preside by the other members present.

(2) At a meeting--

(a) the quorum is 3 members; and

(b) the decision of the Board is the decision of the majority of votes cast; and

(c) the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

(3) On a review--

(a) the quorum is 3 members; and

(b) the member appointed under section 4D(2)(b) must be present; and

(c) any question arising is to be decided according to the opinion of a majority of the members present; and

(d) if the opinions are equally divided, the question is to be decided according to the opinion of the person presiding.

(4) Subject to this Act, the Board may regulate its own proceedings.

5. Effect of vacancy or defect

An act or decision of the Board is not invalid only because--

(a) of a vacancy in its membership; or

(b) of a defect or irregularity in the appointment of any of its members.

Sch. 1A cl. 6 repealed by No. 30/1999 s. 28.

* * * * *

_______________

Ss 13, 105.

SECOND SCHEDULE
[15]
FORM A

OATH FOR MEMBERS OF THE POLICE FORCE OF VICTORIA

I swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen as a member of the Police Force of Victoria in such capacity as I may be hereafter appointed, promoted, or reduced to without favour or affection malice or ill-will for the period of

from this date, and until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same, and that while I shall continue to be a member of the Police Force of Victoria I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.

FORM B

OATH FOR MEMBERS OF THE RETIRED POLICE RESERVE OF VICTORIA

I swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen as a member of the Retired Police Reserve of Victoria, without favour or affection, malice or ill-will; that I will see and cause Her Majesty's peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same, and that while I shall continue to be a member of the Retired Police Reserve I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.

_______________

Ss 23, 25, 39.

THIRD SCHEDULE
FORM A

We certify that on the day of 19 we examined

a member of the Police Force of Victoria and we further certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Dated this day of 19

Members of the Medical Board.

No. 4592

s. 5(3).

FORM B

Having considered medical evidence submitted to us as to the health of

a member of the Police Force of Victoria, we certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Dated this day of 19

Members of the Medical Board.

_______________

Ss 40, 46, 58, 59, 60.

FOURTH SCHEDULE
SCALES OF PENSIONS, ALLOWANCES AND GRATUITIES

PART I

Members of the Police Force

(a) Ordinary Pensions

1. On retirement under section forty-two of this Act--Such proportion of the annual pay as is specified in scale number 1, set out in the subjoined table.

2. On retirement under paragraph (a) of section forty-three of this Act--Such proportion of the annual pay as is specified in scale number 2, set out in the said table.

(b) Special Pensions

3. On retirement under paragraph (b) of section forty-three of this Act--

(a) On total disablement from an injury received in the execution of duty--

(i) if the injury is non-accidental, such proportion of the annual pay as is specified in scale number 3 in the said table;

(ii) if the injury is accidental, such proportion of the annual pay as is specified in scale number 4 in the said table;

Sch. 4

cl. 3(a)(iii) amended by No. 120/1994

s. 6(2)(a).

(iii) if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates prescribed in the preceding paragraphs (i) and (ii) as ESS Board determines.

(b) On partial disablement from an injury received in the execution of duty--

Such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement:

Provide that the pension shall not be less than such proportion of the annual pay as is specified, if the injury was non-accidental, in scale number 5 in the subjoined table, and otherwise in scale number 6 in the said table.

(c) Gratuities

4. On retirement under paragraph (c) of section forty-three of this Act--The gratuity shall be an amount equal to one-twelfth of the annual pay for each completed year of approved service or, where a member of the force has not completed one year of approved service, an amount equal to one-twelfth of the whole pay received by him.

TABLE

Scales of Pensions


Proportion of Pension to Pay on Retirement





On retirement under section 43(b)


Completed years of approved service


Scale

No. 1

On retirement under section 42


Scale

No. 2

On retirement under section 43(a)


Scale

No. 3

On total disable-ment from non-accidental injury received in execution of duty


Scale

No. 4

On total disable-ment from accidental injury received in execution of duty


Scale

No. 5

On partial disable-ment from non-accidental injury received in execution of duty


Scale

No. 6

On partial disable-ment from accidental injury received in execution of duty



60ths


60ths


60ths


60ths


60ths


60ths


1 or less


. .


. .


45


30


20


10


2


. .


. .


45


30


20


10


3


. .


. .


45


30


20


10


4


. .


. .


45


30


20


10


5


. .


. .


45


30


20


10


6


. .


. .


45


30


20


10


7


. .


. .


45


30


20


10


8


. .


. .


45


30


20


10


9


. .


. .


45


30


20


10


10


. .


10


45


30


20


10


11


. .


11


48


32


21


11


12


. .


12


48


32


22


12


13


. .


13


48


32


23


13


14


. .


14


48


32


24


14


15


15


15


48


32


25


15


16


16


16


51


34


26


16


17


17


17


51


34


27


17


18


18


18


51


34


28


18


19


19


19


51


34


29


19


20


20


20


51


34


30


20


21


22


22


54


36


32


22


22


24


24


54


36


34


24


23


26


26


54


36


36


26


24


28


28


54


36


38


28


25


30


30


54


36


40


30


26


32


32


57


38


40


32


27


34


34


57


38


40


34


28


36


36


57


38


40


36


29


38


38


57


38


40


38


30 or over


40


40


60


40


40


40


Sch. 4 Pt 2 (Headings) substituted by No. 8722

s. 3(a).

S. 44.

Nos 5460 s. 5, 5897 s. 3,

6091 s. 2.

PART II
Spouses and Children

(a) Spouses' Pensions

Sch. 4 cl. 5 amended by No. 6957

s. 11(1), substituted by Nos 8179

s. 3(t), 8722

s. 3(b).

5. Spouse's ordinary pension--The pension shall be at the rate per annum specified hereunder (increased both as to annual rate and as to maximum amount by 331/3 per centum per annum), that is to say--

Pensions payable to spouse of a member or pensioner whose death or retirement occurred before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971--

If the deceased spouse was at the time of his death or retirement a police cadet constable or first constable--$144 per annum, together with an additional $4 per annum for each full year of approved service over and above five years:

Provided that the maximum pension shall not exceed $250 per annum;

If the deceased spouse was at the time of his death or retirement a senior constable--$264 per annum together with an additional $4 per annum for each full year of approved service as a senior constable:

Provided that the maximum pension shall not exceed $312 per annum;

If the deceased spouse was at the time of his death or retirement a sergeant--$374 per annum;

If the deceased spouse was at the time of his death or retirement a sub-inspector or station officer--$432 per annum;

If the deceased spouse was at the time of his death or retirement an inspector or of a higher rank than inspector--$456 per annum.

Pensions payable to spouse of a member or pensioner whose death or retirement occurred after the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971--

If the deceased spouse was at the time of his death or retirement a police cadet constable or senior constable--$144 per annum, together with an additional $4 per annum for each full year of approved service over and above five years:

Provided that the maximum pension shall not exceed $250 per annum;

If the deceased spouse was at the time of his death or retirement a sergeant--$264 per annum together with an additional $4 per annum for each full year of approved service as a senior constable before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and as a sergeant after the commencement of the said Act:

Provided that the maximum pension shall not exceed $312 per annum;If the deceased spouse was at the time of his death or retirement a senior sergeant--$374 per annum;

If the deceased spouse was at the time of his death or retirement a station officer--$432 per annum;

If the deceased spouse was at the time of his death or retirement an inspector or of a higher rank than inspector--$456 per annum.

S. 44.

Sch. 4 cl. 6 substituted by No. 8722

s. 3(c).

6. Spouse's special pension--The pension shall be equal to 16/45 of the annual pay of his spouse at the time of his death or retirement.

Heading preceding Sch. 4 cl. 7 amended by No. 8722

s. 3(d).

(b) Spouses' Gratuities

S. 44.

Sch. 4 cl. 7 substituted by No. 7538 s. 5, amended by No. 8722

s. 3(e), substituted by No. 9066

s. 9(a), amended by Nos 10087

s. 3(1)(Sch. 1 item 183), 120/1994

s. 6(2)(b)(c).

7. The gratuity shall be of such amount as the ESS Board determines after taking into consideration-- (a) the advice of the actuary as to value of the pension to which the spouse was entitled at the time he or she applied for a gratuity;

(b) the proportion of the pension which the spouse wishes to receive as a gratuity; and

(c) the value of any payments of the pension made to the spouse after he or she applied for a gratuity.

(c) Children's Allowances

S. 45.

No. 5897 s. 4.

Sch. 4 cl. 8 substituted by No. 6486

s. 2(3), amended by Nos 7417

s. 12(1)(a), 7910 s. 11(3)(a), 8314 s. 11(a), substituted by No. 8722

s. 3(f).

8. The pension applicable to a child of a deceased member or pensioner shall be--

(1) If the spouse of the member or pensioner is alive--

(a) where there is not more than three such children, an amount equal to 10 per cent of the member's or pensioner's pension;

(b) where there are four or more such children, an amount equal to 30 per cent of the member's or pensioner's pension divided by the number of children in respect of whom the pension is for the time being payable--

or $312 per annum, whichever is the greater.

(2) If the spouse of the member or pensioner is dead or divorced the pension applicable to a child shall be--

(a) where there is one such child, an amount equal to 45 per cent of the pension of the deceased member or pensioner;

(b) where there are two such children, an amount equal to 40 per cent of the pension of the deceased member or pensioner;

(c) where there are three such children, an amount equal to 30 per cent of the pension of the deceased member or pensioner;

(d) where there are four or more such children, an amount equal to the pension of the deceased member or pensioner divided by the number of children in respect of whom the pension is for the time being payable--

or $624 per annum, whichever is the greater.

(3) In this clause "pension of a member or pensioner" means-- (a) on the death of a member before retirement, the pension to which the member would have been entitled if he had been of an age to retire at the time of his death; and

Sch. 4

cl. 8(3)(b) amended by No. 9460

s. 4(g).

(b) on the death of the member after retirement the pension payable to him at the time of his retirement.

(4) Where but for this clause pensions would be payable in respect of a child as a child of more than one member only the pension which is the greater shall be payable in respect of that child.

(5) A pension is not payable under this clause in respect of a child born more than ten months after the death of the member or pensioner.

Sch. 4 cl. 9 substituted by No. 6486

s. 2(3), amended by No. 7417

s. 12(1)(b), substituted by No. 7910

s. 11(3)(b), amended by No. 8314

s. 11(b).

9. Children's allowances shall be payable to children--

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

(b) who are between the ages of eighteen years and twenty-five years and who in the opinion of the Board are full-time students.

Sch. 4 cl. 9A inserted by No. 7910

s. 11(3)(b), amended by No. 8314

s. 11(b).

9A. An allowance in respect of a child shall be payable until the end of the fortnightly pay period in which--

(a) he attains the age of 18 years or in the case of a student he attains the age of twenty-five years or the Board ceases to be satisfied that he is a full-time student; or

(b) he dies, if he dies before attaining the age of 18 years or the age of twenty-five years (as the case may be).

Sch. 4 cl. 9B inserted by No. 7910

s. 11(3)(b).

9B. The Board may at any time require such evidence as it thinks fit in order to decide whether or not a child is a full-time student.

(d) Children's Gratuities

Sch. 4 cl. 10 amended by No. 120/1994

s. 6(2)(a).

10. The gratuity shall be of such amount as ESS Board determines, not exceeding one-sixtieth of the annual pay for each completed year of approved service of the member of the force or pensioner, or, where he had not completed one year of approved service, not exceeding one-sixtieth of the annual pay, so that the total amount of any gratuity or gratuities granted to the children or to the widow and children does not exceed one-twelfth of the annual pay for each completed year of approved service, and the total amount of any gratuities granted to the children shall not, in any case, exceed the annual pay.

(e) Dependants' Gratuities

11. The total amount of any gratuity or gratuities paid to a dependant or dependants of a member of the force or pensioner shall not exceed the amount of the rateable deductions which have been made from his pay.

PART III

General Rules

12. The same person shall not be entitled, unless expressly so provided in Division two of Part III of this Act, to a gratuity in addition to a pension or allowance, or to both an ordinary pension and a special pension.

Sch. 4 cl. 13 amended by Nos 8722

s. 3(g), 120/1994

s. 6(2)(d)(e).

13. A gratuity shall be paid in one sum, except that in special cases it may be paid by instalments or applied on behalf of the grantee if the ESS Board determines that it would be to the advantage of a spouse or child to do so; and a child's allowance or gratuity or a dependant's gratuity may be paid to a guardian or trustee if the ESS Board determines that it would be to the advantage of the child or dependant to do so.

Sch. 4 cl. 14 amended by No. 120/1994

s. 6(2)(b).

14. If the widow of a member of the force was at the time of his death living apart from her husband (not having been deserted by him), a pension or gratuity shall be paid to her only if the ESS Board is satisfied that he regularly contributed to her support; and the amount of a pension shall not, in such a case, exceed the amount which her husband contributed.

Sch. 4 cl. 15 substituted by No. 8722

s. 3(h), amended by No. 10087

s. 3(1)(Sch. 1 item 183).

15. (1) Where a pensioner married after his retirement a pension shall not on the death of the pensioner be payable to the spouse of that marriage unless--

(a) the pensioner was at the time of the marriage in receipt of a pension under section 43 and the marriage took place before he attained the age of 60 years; or

Sch. 4

cl. 15(1)(b) amended by No. 9906 s. 13.

(b) the marriage took place three years or more before the death of the pensioner.

Sch. 4 cl. 15(2) amended by Nos 9975 s. 7, 120/1994

s. 6(2)(c).

(2) Where a spouse is entitled to a pension by reason of the marriage having taken place three years or more before the death of the pensioner and the spouse was more than five years younger than the pensioner, the pension payable to the spouse shall be reduced to the value of the pension that in the opinion of the actuary is the actuarial equivalent of the value of the pension that would have been payable if the spouse was five years younger than the deceased pensioner.

(3) A widow of a pensioner who married the pensioner after his retirement shall not be entitled to receive at the same time a pension as such widow and as a former member but so long as she would but for this sub-clause have been entitled to both such pensions, she shall be entitled to receive whichever of the pensions is the greater.

Sch. 4 cl. 16 amended by Nos 8722

s. 3(i)(i)(ii), 120/1994

s. 6(2)(a).

16. The pension of the spouse of a member of the force to whom a gratuity has been granted on retirement shall be payable as from such date after his death as ESS Board determines and the pension of the spouse of a pensioner shall be payable as from the end of the last period in respect of which the pensioner's pension was paid.

Sch. 4 cl. 17 substituted by No. 8722

s. 3(j), repealed by No. 120/1994

s. 6(2)(f).

* * * * *

Sch. 4 cl. 18 repealed by No. 8722

s. 3(j), new Sch. 4 cl. 18 inserted by No. 9066

s. 9(b).

18. A spouse shall not apply for a gratuity more than three months after receiving the first payment of a pension.

19. (a) In calculating any pension, gratuity, or allowance for the purposes of Division two of Part III of this Act, "annual pay" means annual pay at the date of death or retirement (as the case may require):

Provided that--

Sch. 4

cl. 19(a)(i) amended by No. 8179

s. 3(u)(i).

(i) where a member of the force at the date of his retirement or death holds a rank to which he has been promoted within the three preceding years, his annual pay at the date of the retirement or death shall be deemed to be the average annual amount of pay received by him for the said three years, instead of the annual amount actually received by him at that date, so, however, that the pension allowance or maximum gratuity payable shall not be less than if he had continued in his former rank (but nothing in the sub-paragraph shall apply to or in relation to any former member of the force by virtue only of any change of rank brought about by the Police Regulation (Amendment) (No. 2) Act 1971); and

(ii) where the pay at the date of death or retirement was weekly pay, the amount of the annual pay shall be deemed to be fifty-two times the amount of the weekly pay.

No. 4592 s. 10.

Sch. 4 cl. 19(b) amended by No. 6957

s. 11(2), substituted by No. 8179

s. 3(u)(ii), amended by No. 8487 s. 4.

(b) For the purposes of the foregoing provisions of this rule the following shall be recognized as ranks in the force, that is to say, Chief Commissioner, Deputy Commissioner, Assistant Commissioner, commander, inspecting superintendent, chief superintendent, superintendent, chief inspector, inspector, sub-inspector, station officer and any other officer of different grade, and senior sergeant, sergeant, senior constable, first constable, constable and police cadet.

ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
NOTES

1. General Information The Police Regulation Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

Note to long title--

As to special constables, see sections 13-25 of the Unlawful Assemblies and Processions Act 1958 and section 10 of the Public Safety Preservation Act 1958.

As to water police, see sections 3 and 4 of the Seamen's Act 1958.

As to a member of the Police Force being lawfully appointed to act as a bailiff, see section 109 of the Supreme Court Act 1986.

Table of AmendmentsThis Version incorporates amendments made to the Police Regulation Act 1958 by the following Acts and subordinate instruments.

-------------------------------------------------------------

Police Regulation (Amendment) Act 1958, No. 6486/1958

Assent Date:


16.12.58


Commencement Date:


2.1.59: Government Gazette 17.12.58 p. 3922


Current State:


All of Act in operation


Statute Law Revision Act 1959, No. 6505/1959

Assent Date:


5.5.59


Commencement Date:


1.4.59: s. 1(2)


Current State:


All of Act in operation


Police Regulation (Delegation of Powers) Act 1959, No. 6570/1959

Assent Date:


1.12.59


Commencement Date:


1.12.59


Current State:


All of Act in operation


Police Regulation (Pensions) Act 1959, No. 6695/1959

Assent Date:


13.12.60


Commencement Date:


30.12.60: Government Gazette 14.12.60 p. 3918


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1961, No. 6833/1961

Assent Date:


12.12.61


Commencement Date:


1.8.62: Government Gazette 1.8.62 p. 2694


Current State:


All of Act in operation


Subordinate Legislation Act 1962, No. 6886/1962

Assent Date:


8.5.62


Commencement Date:


1.8.62: Government Gazette 4.7.62 p. 2314


Current State:


All of Act in operation


Police Regulation Act 1962, No. 6957/1962

Assent Date:


18.12.62


Commencement Date:


1.10.63: Government Gazette 25.9.63 p. 2916


Current State:


All of Act in operation


Superannuation Act 1963, No. 7081/1963

Assent Date:


10.12.63


Commencement Date:


1.2.64: Government Gazette 1.2.64 p. 132


Current State:


All of Act in operation


Public Service (Amendment) Act 1964, No. 7135/1964

Assent Date:


5.5.64


Commencement Date:


11.6.64: Government Gazette 10.6.64 p. 1895


Current State:


All of Act in operation


Statute Law Revision Act 1964, No. 7142/1964

Assent Date:


5.5.64


Commencement Date:


5.5.64 but see s. 3


Current State:


All of Act in operation


Statute Law Revision Act 1965, No. 7332/1965

Assent Date:


14.12.65


Commencement Date:


14.12.65 but see s. 3


Current State:


All of Act in operation


Public Officers Act 1965, No. 7349/1965

Assent Date:


14.12.65


Commencement Date:


14.12.65


Current State:


All of Act in operation


Pensions Supplementation Act 1966, No. 7417/1966

Assent Date:


17.5.66


Commencement Date:


Pt 1 on 17.5.66: s. 1(2); Pts 2, 3 on 25.5.66: Government Gazette 25.5.66 p. 1927


Current State:


All of Act in operation


Public Officers (Long Service Leave) Act 1967, No. 7536/1967

Assent Date:


17.3.67


Commencement Date:


17.3.67


Current State:


All of Act in operation


Police Regulation (Pensions) Act 1967, No. 7538/1967

Assent Date:


17.3.67


Commencement Date:


2.8.67: Government Gazette 2.8.67 p. 2445


Current State:


All of Act in operation


Justices (Amendment) Act 1969, No. 7876/1969

Assent Date:


25.11.69


Commencement Date:


All of Act (except ss 3, 5, 6, 7(k)(m)-(o)) on 1.4.70; ss 3, 5, 6, 7(k)(m)-(o) on 1.7.70: Government Gazette 25.2.70 p. 463


Current State:


All of Act in operation


Superannuation (Amendment) Act 1969, No. 7910/1969

Assent Date:


16.12.69


Commencement Date:


Ss 1, 2, 4-14 on 19.12.69: Government Gazette 19.12.69 p. 4136; s. 3 on 1.7.71: Government Gazette 19.8.70 p. 2827


Current State:


All of Act in operation


Superannuation (Amendment) Act 1970, No. 8047/1970

Assent Date:


15.12.70


Commencement Date:


15.12.70


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1971, No. 8097/1971

Assent Date:


15.4.71


Commencement Date:


15.4.71


Current State:


All of Act in operation


Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971

Assent Date:


23.11.71


Commencement Date:


15.12.71: Government Gazette 15.12.71 p. 3845


Current State:


All of Act in operation


Superannuation Act 1972, No. 8314/1972

Assent Date:


8.11.72


Commencement Date:


1.12.72: s. 1(2)


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1973, No. 8487/1973

Assent Date:


4.12.73


Commencement Date:


4.12.73


Current State:


All of Act in operation


Police Regulation (Pensions) Act 1975, No. 8722/1975

Assent Date:


16.5.75


Commencement Date:


1.7.75: Government Gazette 1.7.75 p. 2327


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1975, No. 8745/1975

Assent Date:


5.11.75


Commencement Date:


5.11.75


Current State:


All of Act in operation


Police Regulation (Long Service Leave) Act 1975, No. 8759/1975

Assent Date:


18.11.75


Commencement Date:


18.11.75


Current State:


All of Act in operation


Police Regulation (Long Service Leave) Act 1976, No. 8959/1976

Assent Date:


16.12.76


Commencement Date:


16.12.76


Current State:


All of Act in operation


Statute Law Revision Act 1977, No. 9019/1977

Assent Date:


17.5.77


Commencement Date:


17.5.77 but see s. 2(2)


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1977, No. 9066/1977

Assent Date:


29.11.77


Commencement Date:


7.12.77: Government Gazette 7.12.77 p. 3765


Current State:


All of Act in operation


Police Regulation (Retired Police Reserve) Act 1980, No. 9392/1980

Assent Date:


13.5.80


Commencement Date:


20.5.80: Government Gazette 28.5.80 p. 1659


Current State:


All of Act in operation


Police Regulation (Charges and Appeals) Act 1980, No. 9433/1980

Assent Date:


5.11.80


Commencement Date:


Ss 1, 3-8 on 9.3.81: Government Gazette 4.3.81 p. 741; s. 2 on 1.4.81: Government Gazette 1.4.81 p. 1050


Current State:


All of Act in operation


Superannuation Act 1980, No. 9460/1980

Assent Date:


16.12.80


Commencement Date:


1.1.81: Government Gazette 23.12.80 p. 4379


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1980, No. 9469/1980

Assent Date:


16.12.80


Commencement Date:


16.12.80


Current State:


All of Act in operation


Police Regulation (Appointments) Act 1981, No. 9527/1981

Assent Date:


23.4.81


Commencement Date:


23.4.81


Current State:


All of Act in operation


Statute Law Revision Act 1981, No. 9549/1981

Assent Date:


19.5.81


Commencement Date:


19.5.81 but see s. 2(2)


Current State:


All of Act in operation


Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:


26.5.81


Commencement Date:


1.9.81: Government Gazette 26.8.81 p. 2799


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1981, No. 9646/1981

Assent Date:


15.12.81


Commencement Date:


Ss 1, 3, 4 on 16.12.81: Government Gazette 16.12.81 p. 4148; s. 2 on 11.5.81: s. 1(4); s. 6 on 1.3.82: Government Gazette 24.2.82 p. 533; rest of Act on 28.4.82: Government Gazette 28.4.82 p. 1171


Current State:


All of Act in operation


Superannuation (Lump Sum Benefits) Act 1981, No. 9672/1981

Assent Date:


22.12.81


Commencement Date:


Ss 25(1)(a), 47 on 24.3.82: s. 1(3); s. 27 on 1.7.81: s. 1(4); s. 39 on 1.11.81: s. 1(5); rest of Act on 1.1.82: Government Gazette 23.12.81 p. 4261


Current State:


All of Act in operation


Statute Law Revision Act 1983, No. 9902/1983

Assent Date:


15.6.83


Commencement Date:


15.6.83 but see s. 2(2)


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1983, No. 9906/1983

Assent Date:


21.6.83


Commencement Date:


21.6.83


Current State:


All of Act in operation


Penalties and Sentences (Amendment) Act 1983, No. 9945/1983

Assent Date:


20.9.83


Commencement Date:


S. 2 on 1.9.81: s. 1(4); s. 8 never proclaimed--repealed by No. 10096 s. 4(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035


Current State:


All of Act in operation


Police Regulation (Police Reservists) Act 1983, No. 9975/1983

Assent Date:


29.11.83


Commencement Date:


29.11.83


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1984, No. 10031/1984

Assent Date:


27.3.84


Commencement Date:


27.3.84


Current State:


All of Act in operation


Statute Law Revision Act 1984, No. 10087/1984

Assent Date:


22.5.84


Commencement Date:


22.5.84 but see s. 3(2)


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1985, No. 10250/1985

Assent Date:


10.12.85


Commencement Date:


Ss 1-5, 7, 8, 13, 15-21 on 11.12.85: Government Gazette 11.12.85 p. 4544; ss 11, 12 on 11.2.86: Government Gazette 11.2.86 p. 321; s. 9 on 19.3.86: Government Gazette 19.3.86 p. 676; s. 14 on 4.6.86: Government Gazette 4.6.86 p. 1609; s. 10 on 14.7.86: Government Gazette 9.7.86 p. 2686; s. 6 on 18.8.86: Government Gazette 6.8.86 p. 3011; s. 22 never proclaimed--repealed by No. 14/1988 s. 19


Current State:


All of Act in operation


Coroners Act 1985, No. 10257/1985

Assent Date:


10.12.85


Commencement Date:


Ss 1-3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115


Current State:


All of Act in operation


Superannuation Schemes Amendment Act 1985, No. 10258/1985

Assent Date:


10.12.85


Commencement Date:


S. 7(1) on 1.1.86: Government Gazette 17.12.85 p. 4633


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Courts Amendment Act 1986, No. 16/1986

Assent Date:


22.4.86


Commencement Date:


S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Constitution (British Subjects) Act 1986, No. 61/1986

Assent Date:


16.9.86


Commencement Date:


27.5.87: Government Gazette 27.5.87 p. 1235


Current State:


All of Act in operation


Community Services Act 1987, No. 16/1987

Assent Date:


12.5.87


Commencement Date:


S. 4(3)(Sch. 1 item 18) on 22.2.89: Government Gazette 22.2.89 p. 386


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Police Regulation (Protective Services) Act 1987, No. 32/1987

Assent Date:


12.5.87


Commencement Date:


10.6.87: s. 2


Current State:


All of Act in operation


Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988

Assent Date:


11.5.88


Commencement Date:


11.5.88: Government Gazette 11.5.88 p. 1150


Current State:


All of Act in operation


State Superannuation Act 1988, No. 50/1988

Assent Date:


24.5.88


Commencement Date:


S. 93(2)(Sch. 2 Pt 2 item 45) on 1.7.88: Government Gazette 1.6.88 p. 1487


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Police Regulation (Amendment) Act 1989, No. 15/1989

Assent Date:


16.5.89


Commencement Date:


Ss 1-32 on 16.5.89: s. 2(1); s. 33 on 23.8.89: Government Gazette 23.8.89 p. 2146


Current State:


All of Act in operation


County Court (Amendment) Act 1989, No. 19/1989

Assent Date:


16.5.89


Commencement Date:


1.8.89: Government Gazette 26.7.89 p. 1858


Current State:


All of Act in operation


Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:


14.6.89


Commencement Date:


S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217


Current State:


All of Act in operation


Police Regulation (Further Amendment) Act 1990, No. 42/1990

Assent Date:


13.6.90


Commencement Date:


1.4.91: Government Gazette 27.3.91 p. 774


Current State:


All of Act in operation


Police (Industrial Functions) Act 1992, No. 11/1992

Assent Date:


20.5.92


Commencement Date:


1.7.92: Government Gazette 3.6.92 p. 1306


Current State:


All of Act in operation


Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992

Assent Date:


23.6.92


Commencement Date:


1.8.92: Government Gazette 22.7.92 p. 1874


Current State:


All of Act in operation


Superannuation (Occupational Superannuation Standards) Act 1992, No. 49/1992

Assent Date:


30.6.92


Commencement Date:


30.6.92: Special Gazette (No. 31) 30.6.92 p. 2


Current State:


All of Act in operation


Police Regulation (Amendment) Act 1992, No. 72/1992

Assent Date:


24.11.92


Commencement Date:


14.12.92: Government Gazette 9.12.92 p. 3680


Current State:


All of Act in operation


Employee Relations Act 1992, No. 83/1992

Assent Date:


24.11.92


Commencement Date:


S. 184(Sch. 6 items 17.1, 17.2) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Police Regulation (Discipline) Act 1993[16], No. 35/1993 (as amended by No. 118/1993)

Assent Date:


25.5.93


Commencement Date:


Ss 1, 2, 18 on 25.5.93: s. 2(1); rest of Act on 26.8.93: Government Gazette 26.8.93 p. 2377


Current State:


All of Act in operation


Medical Practice Act 1994, No. 23/1994

Assent Date:


17.5.94


Commencement Date:


Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672


Current State:


All of Act in operation


Superannuation Acts (Further Amendment) Act 1994, No. 120/1994

Assent Date:


20.12.94


Commencement Date:


S. 12 on 13.6.90: s. 2(2); s. 6 on 1.7.94: s. 2(7); s. 8 on 1.7.94: s. 2(7A); ss 7(1)(2), 9-11, 13 on 20.12.94: s. 2(1)


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Equal Opportunity Act 1995, No. 42/1995

Assent Date:


14.6.95


Commencement Date:


S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 30 on 1.1.96: Government Gazette 21.12.95 p. 3571


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Superannuation Acts (Amendment) Act 1996, No. 4/1996

Assent Date:


18.6.96


Commencement Date:


S. 134(7) on 30.6.96: s. 2(12)


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Police Regulation (Selection and Review) Act 1996, No. 23/1996

Assent Date:


2.7.96


Commencement Date:


Ss 1, 2 on 2.7.96: s. 2(1); rest of Act on 2.8.96: Government Gazette 1.8.96 p. 1954


Current State:


All of Act in operation


Legal Practice Act 1996, No. 35/1996

Assent Date:


6.11.96


Commencement Date:


S. 453(Sch. 1 item 65) on 1.1.97: s. 2(3)


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996

Assent Date:


12.12.96


Commencement Date:


S. 10(Sch. 2 item 18) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996

Assent Date:


17.12.96


Commencement Date:


Ss 64-67 on 17.12.96: s. 2(1).


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Police and Corrections (Amendment) Act 1997, No. 26/1997

Assent Date:


20.5.97


Commencement Date:


Ss 38, 39 on 26.6.97: Government Gazette 26.6.97 p. 1433; ss 40-48 on 2.10.97: Government Gazette 2.10.97 p. 2731


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:


26.5.98


Commencement Date:


S. 7(Sch. 1) on 1.7.98: s. 2(2)


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:


2.6.98


Commencement Date:


S. 311(Sch. 1 item 74) on 1.7.98: Government Gazette 18.6.98 p. 1512


Current State:


This information relates only to the provision/s amending the Police Regulation Act 1958


Police Regulation and Firearms (Amendment) Act 1999, No. 30/1999

Assent Date:


1.6.99


Commencement Date:


Pt 1 (ss 1, 2) on 1.6.99: s. 2(1); rest of Act on 22.8.99: Government Gazette 12.8.99 p. 1889


Current State:


All of Act in operation


-------------------------------------------------------------

Explanatory Details


[1]

S. 4(2AA): Section 9 of the Police Regulation (Amendment) Act 1992, No. 72/1992 provides as follows:

9. Transitional provision

A person holding office as an Assistant Commissioner or Deputy Commissioner immediately before the commencement of this section continues to hold that office on the same terms and conditions as those on which he or she held that office immediately before that commencement, unless the Governor in Council determines that that person is appointed for a term, not exceeding 5 years.

[2] Pt 3, Div. 1: See also Division 3 of Part 3.

[3] S. 64C: Section 6(2)-(4) of the Police Regulation (Further Amendment) Act 1990, No. 42/1990 provides as follows:

6. Insertion of new section 64C

(2) On the commencement of this section--
(a) the Pensions Supplementation Act 1966 is repealed; and
(b) the Supplementation Fund under that Act shall for all purposes become and be part of the Superannuation Fund under the State Superannuation Act 1988, and--
(i) all amounts standing to the credit of the Supplementation Fund immediately before that commencement shall be transferred to and stand to the credit of the Superannuation Fund; and
(ii) all liabilities of the Supplementation Fund unmet as at that commencement shall be transferred to and met from the Superannuation Fund.
(3) The State Superannuation Board is hereby required, authorised and empowered to do all such acts and things as are necessary for the purposes of sub-section (2)(b).
(4) A reference to the Supplementation Fund in any Act, subordinate legislation, instrument or other document whatever shall, on and from the commencement of this section, and if not inconsistent with the context or subject-matter, be deemed and taken to be a reference to the Superannuation Fund.[4]

Pt 4 Div. 2: Sections 19 and 20 of the Police Regulation (Discipline) Act 1993, No. 35/1993 (as amended by sections 4 and 5 of the Police Regulation (Discipline) (Amendment) Act 1993, No. 118/1993) provide as follows:

19. Transitional provisions-abolition of Boards and proceedings before Boards

(1) In this section, a reference to the "Police Service Board" is a reference to the Police Service Board established under the Principal Act immediately before the coming into operation of section 10 of this Act and a reference to the "Police Discipline Board" is a reference to the Police Discipline Board established under the Principal Act immediately before the coming into operation of section 12 of this Act.
(2) Except for the purpose of giving effect to this section, on the coming into operation of section 10 of this Act, the Police Service Board is abolished and the members of the Board go out of office.
(3) Except for the purpose of giving effect to this section, on the coming into operation of section 12 of this Act, the Police Discipline Board is abolished and the members of the Board go out of office.
(4) If--
(a) an appeal has been lodged with the Police Service Board under the Principal Act as in force immediately before the commencement of section 10 of this Act and the Board has commenced hearing that appeal, the Board may continue to hear that appeal as if this Act had not been enacted; or
(b) the Police Service Board has commenced an inquiry under section 88A of the Principal Act as in force immediately before the commencement of section 12 of this Act, the Board may continue that inquiry as if this Act had not be enacted.
(4A) If a charge has been referred to the Police Discipline Board, or the Chief Commissioner of Police has applied to the Police Discipline Board to inquire into the fitness for duty of a member, under the Principal Act as in force before the commencement of section 12 of this Act but the Board has not commenced hearing that charge or conducting that inquiry, the Board may hear that charge or conduct that inquiry as if this Act had not been enacted.
(4B) Despite its repeal by this Act, section 91 of the Principal Act continues to have effect in relation to decisions of the Police Discipline Board made before the commencement of section 12 of this Act or made under this section after that commencement.
(5) If a charge has been referred to the Police Discipline Board or the Chief Commissioner has applied to the Police Discipline Board to inquire into the fitness for duty of a member under the Principal Act as in force immediately before the commencement of section 12 of this Act, and the Board has commenced hearing that charge or conducting that inquiry, the Board may continue to hear that charge or conduct that inquiry as if this Act had not been enacted.
(6) The Chief Commissioner must give effect to a determination of the Police Service Board or Police Discipline Board made under this section.

20. Transitional provision--application of Principal Act

The Principal Act, as amended by this Act, applies to breaches of discipline committed before the commencement of section 10 of this Act if a charge has not been made under the Principal Act before that commencement.

[5] Pt 4 (Div. 3): See note 4.

[6] Pt 4 (Div. 4): See note 4.

[7] Pt 4 (Div. 5): See note 4.

[8] Pt 4 (Div. 6): See note 4.

[9] Pt 4A: Section 13 of the Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988 provides as follows:

13. Abolition of Police Complaints Authority

The Police Complaints Authority is abolished, and the person appointed to that Authority goes out of office, on the commencement of this Act.

The Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988 came into operation on 11 May 1988.

Section 17 of the Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988 provides as follows:

17. Savings and transitional provisions

A complaint about the conduct of a member of the force that had been made under Part IVA of the Police Regulation Act 1958 before the commencement of this Act must, if the investigation of the complaint had not been finalised before that commencement, be dealt with in accordance with that Part as amended by this Act, whether or not any investigation into that complaint had been begun under that Part.

[10] Pt 5 (Div. 1): See note 4.

[11] Pt 5 (Div. 2): See note 4.

[12] S. 114 (repealed): See sections 24, 25 of the Police (Industrial Functions) Act 1992, No. 11/1992 for transitional provisions which have not been reproduced here due to their length.

[13] S. 115 (repealed): See note 12.

[14] S. 115A (repealed): See note 12.

[15] Sch. 2: See Part 4 of the Evidence Act 1958, No. 6264 as to the mode of administering the oath.

[16] Table of amendments Act No. 35/1993: Section 18 of the Police Regulation (Discipline) Act 1993, No. 35/1993 reads as follows:

18. Continuation of office of members of the Police Service Board

(1) If the term of office of an appointed or elected member of the Police Service Board, established under the Principal Act, expires before the abolition of that Board under this Act, the member holding office immediately before the expiry of that term of office continues to hold that office until the abolition of the Board, unless the office becomes vacant sooner under any one of paragraphs (b) to (f) of section 75 of the Principal Act as in force at the time this section comes into operation.
(2) If an office, which has been filled by virtue of the operation of sub-section (1), subsequently becomes vacant under any one of paragraphs (b) to (f) of section 75 of the Principal Act as in force at the time this section comes into operation, the Governor in Council may appoint a person to fill that vacancy.
(3) A person appointed to fill a vacancy under this section holds office until the abolition of the Board, unless the office becomes sooner vacant under any one of paragraphs (b) to (f) of section 75 of the Principal Act as in force at the time this section comes into operation.
(4) This section operates despite anything to the contrary in this Act or the Principal Act.