S. 3(1) def. of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 108.1). legal practitioner means an Australian lawyer; Melbourne metropolitan area means the area for the time being determined under section 5; member of Victoria Police personnel means— (a) a person referred to in section 7; or (b) a special constable, but only in respect of the performance of duties and functions and exercise of powers by the special constable for Victoria Police; S. 3(1) def. of Metropolitan position inserted by No. 19/2016 s. 3(a). Metropolitan position means a position in Victoria Police that is defined or described as a Metropolitan position in an industrial instrument applying to police officers; Ombudsman means the Ombudsman appointed under section 3 of the Ombudsman Act 1973; personal leave, in relation to a police officer or protective services officer, includes absence from duty while receiving compensation under the Accident Compensation Act 1985; S. 3(1) def. of police custody officer inserted by No. 59/2015 s. 3. police custody officer means a Victoria Police employee authorised to act as a police custody officer under section 200D;
police tort claim has the meaning given in section 73; Professional Standards Division means the Professional Standards Division of the PRS Board; Note See section 203(b). professional standards function means a function specified in section 202(1)(b); protected disclosure complaint means a disclosure that is determined to be a protected disclosure complaint by the IBAC under section 26 of the Protected Disclosure Act 2012; protective services officer means a person appointed under Division 7 of Part 3; PRS Board means the Police Registration and Services Board continued under section 201; PRS Board officer means— (a) a member of the PRS Board; or (b) an employee referred to in section 217(1); or (c) a member of staff referred to in section 217(2); S. 3(1) def. of Public Interest Monitor inserted by No. 34/2016 s. 33. Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011; rank means— (a) in relation to a police officer, a rank specified in section 13;
(b) in relation to a protective services officer, a rank (if any) prescribed in the regulations; Note See item 2.10 of Schedule 5. Registration Division means the Registration Division of the PRS Board; Note See section 203(a). registration function means a function specified in section 202(1)(a); Review Division means the Review Division of the PRS Board; Note See section 203(c). review function means a function specified in section 202(1)(c); special constable means a person appointed under Part 11; spouse of a person means a person to whom the person is married; testing direction has the meaning given in section 82; Victoria Police means the body established by section 6; Victoria Police employee means a person employed in Victoria Police under Part 3 of the Public Administration Act 2004; Victoria Police equipment means a thing determined under section 60(2)(a) to be Victoria Police equipment;
(4) Section 32 of the Interpretation of Legislation Act 1984 does not apply to the Chief Commissioner's instructions. (5) Nothing in this section affects or takes away from the application of section 51(a) or 52(1). 61 Personnel to comply with the Chief Commissioner's instructions All members of Victoria Police personnel must comply with the Chief Commissioner's instructions. Note Non-compliance can constitute a breach of section 125(1)(c). 62 Determination of uniforms and other equipment and other standards (1) The Chief Commissioner may from time to time determine— (a) the type or design of uniforms or other equipment to be worn or carried by police officers, police recruits or protective services officers; and (b) the conditions under which uniforms are to be worn or other equipment is to be carried; and (c) standards of grooming and acceptable clothing accessories for police officers, police recruits or protective services officers, which may— see
(2) If a police officer or protective services officer 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 the officer's 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. S. 131(4) amended by No. 67/2014 s. 147(Sch. 2 item 42.2). (4) Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, 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. 132 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 police officer or protective services officer; (b) to adjourn the hearing of the inquiry into the charge on the condition that the officer be of
statutory scheme insurer means— (a) the Victorian WorkCover Authority established under the Accident Compensation Act 1985 or an authorised agent or self-insurer within the meaning of that Act; or (b) the Transport Accident Commission established under the Transport Accident Act 1986; or (c) a person established under a nonVictorian statutory insurance scheme law, or a person who assesses and determines claims for compensation under a non-Victorian statutory insurance scheme law, declared under section 247 to be a statutory scheme insurer; vehicle has the same meaning as in the Road Safety Act 1986; vehicle accident means an incident involving a vehicle that results in— (a) the death or injury of a person; or (b) damage to, or the destruction of, property; vehicle accident information means any of the following information relating to a vehicle accident held by the Chief Commissioner of Police that has been recorded, collected or obtained by a police officer in the course of his or her duty— (a) information that identifies— (i) the driver or registered operator or passenger of any vehicle involved in the vehicle accident;
(ii) a person who witnessed the vehicle accident; (iii) a person who dies or is injured as a result of the vehicle accident; (b) a statement of— (i) the driver or a passenger of any vehicle involved in the vehicle accident; (ii) a person who witnessed the vehicle accident; (iii) a person injured as a result of the vehicle accident; (c) information that identifies any vehicle involved in the vehicle accident; (d) the full particulars of the vehicle accident. 247 Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers The Minister, by notice published in the Government Gazette, may for the purpose of this Division declare— (a) a law of another State or a Territory or the Commonwealth to be a non-Victorian statutory scheme law; and (b) a person established under a non-Victorian statutory scheme law, or a person who assesses and determines claims for compensation under a non-Victorian statutory scheme law, to be a statutory scheme insurer.
repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. An offence against section 49(1) of the Crimes Act 1958 (indecent act with 16 or 17 year old child) inserted in the Crimes Act 1958 on 1 December 2006 by section 13 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. An offence against section 51(1) or (2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services) inserted in the Crimes Act 1958 on 1 December 2006 by section 16 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. An offence against section 52(1) or (2) of the Crimes Act 1958 (sexual offences against persons with a cognitive impairment by workers) inserted in the Crimes Act 1958 on 1 December 2006 by section 17 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. An offence against section 53(2) of the Crimes Act 1958 (administration of drugs etc.) inserted in the Crimes Act 1958 on 11 February 2009 by section 3 of the Crimes Legislation Amendment (Food and Drink Spiking) Act 2009 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. An offence against section 58(1), (2) or (3) of the Crimes Act 1958 (procuring sexual penetration of a child) inserted in the Crimes Act 1958 on 1 December 2006 by section 18 of the Crimes (Sexual Offences) Act 2006 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.
Assent Date: 27.3.17 Commencement Date: S. 4 on 1.7.17: s. 2(2) : This information relates only to the provision/s amending the Victoria Police Act 2013 Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 Assent Date: 16.5.17 Commencement Date: S. 134(Sch. 1 item 18) on 1.9.17: s. 2(3) : This information relates only to the provision/s amending the Victoria Police Act 2013 Crimes Legislation Amendment (Public Order) Act 2017, No. 32/2017 Assent Date: 15.8.17 Commencement Date: S. 12 on 13.9.17: Special Gazette (No. 303) 12.9.17 p. 1 : This information relates only to the provision/s amending the Victoria Police Act 2013 Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017 Assent Date: 26.9.17 Commencement Date: Ss 41–49, 60 on 26.9.17: s. 2(2) : This information relates only to the provision/s amending the Victoria Police Act 2013 Corrections Legislation Further Amendment Act 2017, No. 64/2017 Assent Date: 19.12.17 Commencement Date: S. 29 on 20.12.17: s. 2(1) : This information relates only to the provision/s amending the Victoria Police Act 2013 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details No entries at date of publication.