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Victoria Police Act 2013 No Victoria Police Act 2013 No. 81 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Meaning of efficiency 9 5 Melbourne metropolitan area 10 PART 2—VICTORIA POLICE 11 Division 1—Constitution, role and functions 11 6 Victoria Police 11 7 Who constitutes Victoria Police? 11 8 Role of Victoria Police 11 9 General functions of Victoria Police 11 Division 2—Relationship with government 12 10 Ministerial directions 12 11 Minister's power to obtain information and reports 14 12 Annual report of Chief Commissioner 15 PART 3—VICTORIA POLICE PERSONNEL 16 Division 1—Ranks, commissions and numbers 16 13 Rank structure 16 14 Commissioned officers 16 15 Number of police officers and protective services officers 17 Division 2—Chief Commissioner 17 16 Role of Chief Commissioner 17 17 Appointment of Chief Commissioner 18 18 Appointment of Acting Chief Commissioner 18 19 Delegation by Chief Commissioner 19 Division 3—Deputy Commissioners 20 20 Role of Deputy Commissioners 20 21 Appointment of Deputy Commissioners 20 i Section Page 22 Appointment of Acting Deputy Commissioner 20 23 Deputy Commissioner may act temporarily as Chief Commissioner in certain circumstances 21 Division 4—Assistant Commissioners 22 24 Employment of Assistant Commissioners 22 25 Status of Assistant Commissioner as a police officer 23 26 Appointment of Acting Assistant Commissioner 23 Division 5—Other police officers 24 27 Appointment of police officers 24 28 Probation for appointment 25 29 Appointment of officers from other jurisdictions 26 30 Appointment of former police officers 27 31 Promotion of police officers 28 32 Probation for promotion 29 33 Transfer of police officers 30 34 Transfer on application or request 30 35 Directed transfer of police officers 31 Division 6—Police recruits 31 36 Employment of police recruits 31 Division 7—Protective services officers 32 37 Functions of protective services officers 32 38 Appointment of protective services officers 32 39 Probation for appointment 33 40 Promotion of protective services officers 34 41 Probation for promotion 35 42 Transfer of protective services officers 36 43 Transfer on application or request 36 44 Directed transfer of protective services officers 37 Division 8—Police reservists 37 45 Status of police reservists 37 46 Duty to act under direction and control 39 47 Training 39 48 Resignation 39 49 Suspension and termination of appointment 39 PART 4—POLICE DUTIES, POWERS, ENTITLEMENTS, PROTECTION AND LIABILITY 40 Division 1—Oath of office 40 50 Oath of office 40 ii Section Page Division 2—General duties and powers 41 51 Duties and powers of police officers 41 52 Duties and powers of protective services officers 41 53 Proof of office 41 54 Temporary cessation of powers during leave or secondment 42 55 Permanent cessation of powers 44 Division 3—Specific duties and powers 45 56 Execution of process and warrants 45 57 Disposal of unclaimed property 45 58 Disputed property in possession of police 47 59 Assistance to coroners 48 Division 4—Chief Commissioner's instructions and determinations 48 60 Chief Commissioner's instructions 48 61 Personnel to comply with the Chief Commissioner's instructions 50 62 Determination of uniforms and other equipment and other standards 50 Division 5—General employment matters 51 63 Training courses 51 64 Long service leave 51 65 Resignation and retirement 51 66 Abandonment of appointment 51 67 Ill-health retirement 52 Division 6—Incapacity for duty 53 68 Definitions 53 69 Notice of incapacity 54 70 Determination of incapacity 55 Division 7—Protections 56 71 Protection of people executing warrants 56 Division 8—Liability for tortious conduct by police and protective services officers 58 72 What is a police tort? 58 73 What is a police tort claim? 59 74 Liability of the State for police torts 59 75 How can police tort claims be made? 60 76 Counterclaims 61 77 Time for serving State's defence 61 78 Costs in police tort claims 62 79 Payments by the State if police or protective services officer liable 62 iii Section Page 80 Division does not affect certain claims and proceedings 63 81 Effect of Division on other laws 63 PART 5—DRUG AND ALCOHOL TESTING 64 Division 1—Introduction 64 82 Definitions 64 83 Designated work units and designated work functions 66 84 Meaning of rostered on and rostered off 67 Division 2—Critical incident testing 67 85 Persons subject to critical incident testing 67 86 Critical incident testing 67 87 Samples taken where person is unconscious etc. 68 Division 3—Targeted Testing 69 88 Targeted testing—Victoria Police personnel (other than Victoria Police employees) 69 89 Persons may be rostered on for the purposes of section 88(2) 70 90 Targeted testing—certain Victoria Police employees 71 Division 4—Designated work unit testing and designated work function testing 72 91 Persons subject to designated work unit testing or designated work function testing 72 92 Designated work unit testing 72 93 Designated work function testing 72 Division 5—Random testing 73 94 Persons subject to random testing 73 95 Random testing 73 Division 6—Use of test results 73 96 Chief Commissioner may have regard to evidence in certain circumstances 73 97 Admissibility of test results in certain proceedings 75 98 Confidentiality of test results 76 Division 7—General 77 99 Requirement to comply with testing direction 77 100 Offence to tamper with a sample 77 101 Limitation of liability for registered medical practitioners etc. 78 102 Operation of the Road Safety Act 1986 78 iv Section Page PART 6—POLICE REGISTRATION 79 Division 1—Registration 79 103 Qualifications for registration 79 104 Application for registration 79 105 Registration 80 106 Commencement and duration of registration 81 Division 2—Renewal of registration 82 107 Board must notify person when registration about to expire 82 108 Application for renewal of registration 82 109 Renewal of registration 83 Division 3—Suspension and cancellation of registration 84 110 Mandatory suspension of registration 84 111 Discretionary suspension of registration 85 112 Effect of suspension 86 113 Mandatory cancellation of registration 86 114 Notice of intention to cancel 87 115 Cancellation following notice 88 116 Return of certificate on cancellation 88 Division 4—Hearings 89 117 Hearings 89 118 Procedure at hearings 89 119 Application for registration or renewal of registration hearings—Private unless otherwise ordered 90 120 Cancellation of registration hearings—Public unless otherwise ordered 91 Division 5—Police Profession Register 92 121 PRS Board to keep Police Profession Register 92 122 Chief Commissioner to notify PRS Board of appointments and dismissals 93 Division 6—General 93 123 Natural justice 93 124 Service of notices under this Part 93 PART 7—DISCIPLINE 94 Division 1—Breaches of discipline 94 125 Breaches of discipline 94 126 Preliminary investigation 95 127 Charging 96 128 Form of charge 97 129 Inquiry into a charge 98 v Section Page 130 Authorisation of persons to charge or inquire into and determine charges 98 131 Procedure on an inquiry 98 132 Determination of the inquiry 99 133 Enforcement of the determination 101 134 Adjournment of charge 101 Division 2—Offences punishable by imprisonment 101 135 Officer believed to have committed an offence punishable by imprisonment 101 136 Charge found proven against officer 102 137 Action not to be taken against an officer twice 104 Division 3—Effect of suspension, dismissal or reduction of rank 104 138 Suspension 104 139 Forfeiture of salary 105 140 No compensation for dismissal or reduction in rank 105 PART 8—APPEALS AND REVIEWS 107 Division 1—Appeals 107 141 Promotion and transfer appeals—police officers 107 142 Promotion and transfer appeals—protective services officers 108 143 Constitution of PRS Board for appeal 109 144 Appeal to be re-hearing 110 145 Procedure on appeal 110 Division 2—Reviews 111 146 What decisions are reviewable? 111 147 Form and time limits for applying for review 114 148 Constitution of PRS Board for review 114 149 Special procedure for review of directed transfers 115 150 Chief Commissioner to lodge file in review of incapacity decisions 116 151 PRS Board must have regard to public interest and interests of applicant 116 152 Powers of PRS Board on review of termination or dismissal decisions 117 153 Powers of PRS Board on review of certain demotion and transfer decisions 119 154 Powers of PRS Board on review of other decisions 120 Division 3—General provisions for appeals and reviews 120 155 Natural justice 120 156 General procedure 120 157 Hearings to be public unless otherwise ordered 120 158 Appearance and representation 121 vi Section Page 159 Evidence 121 160 Witness summons 122 161 Witness summons offences 123 162 Contempt of PRS Board 124 163 Protection of participants 124 164 Extension of time 125 165 Chief Commissioner to give effect to PRS Board orders and decisions 125 PART 9—COMPLAINTS AND INVESTIGATIONS 126 Division 1—Preliminary 126 166 Definitions 126 Division 2—Complaints and investigations 127 167 Making of complaints 127 168 Certain complaints to be referred to the Chief Commissioner 128 169 Complaints made to a police officer or protective services officer 129 170 Investigations by the Chief Commissioner 129 171 Power to require answers etc. 130 172 Advice to complainant 130 Division 3—General 131 173 Prohibition of victimisation 131 174 Other offences 132 PART 10—INVESTIGATION OF PROTECTED DISCLOSURE COMPLAINTS 134 Division 1—Investigations 134 175 Duty to investigate 134
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