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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ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
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1 item 182), repealed by No. 35/1993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.
-