2 Rank of inspector In addition to item 1, the potential to develop the executive ability and leadership and management skills essential in senior executive positions 3 Rank of commander, chief superintendent, superintendent or chief inspector In addition to item 1, the executive ability and leadership and management skills essential in senior executive positions (2) For the purposes of the promotion or transfer of protective services officers, 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. 5 Melbourne metropolitan area For the purposes of this Act, the Chief Commissioner, by notice published in the Government Gazette, may from time to time determine an area to be the Melbourne metropolitan area. Division 1—Constitution, role and functions 6 Victoria Police
The police force of Victoria is constituted by a body established by this section known as Victoria Police. Note Victoria Police is a special body under section 6(1) of the Public Administration Act 2004. 7 Who constitutes Victoria Police? Victoria Police consists of the following persons— (a) the Chief Commissioner; (b) Deputy Commissioners; (c) Assistant Commissioners; (d) other police officers; (e) protective services officers; (f) police recruits; (g) police reservists; (h) Victoria Police employees. 8 Role of Victoria Police The role of Victoria Police is to serve the Victorian community and uphold the law so as to promote a safe, secure and orderly society. 9 General functions of Victoria Police (1) The functions of Victoria Police include the following— (a) preserving the peace; (b) protecting life and property; (c) preventing the commission of offences; (d) detecting and apprehending offenders; (e) helping those in need of assistance. (2) Nothing in subsection (1)—
121 PRS Board to keep Police Profession Register (1) The PRS Board must keep a register (called the Police Profession Register) of persons registered under this Part. (2) The following particulars must be included on the Police Profession Register against the name of the person to whom they apply— (a) the person's Victoria Police registered number or former registered number (if any); and (b) the date the person was first registered; and (c) the person's contact address and particulars; and (d) any conditions to which the registration is subject; and (e) the date on which the registration expires. (3) The Police Profession Register may contain any other information the PRS Board considers appropriate. (4) The PRS Board must keep in a separate part of the Police Profession Register particulars of a person whose registration has been suspended or cancelled. (5) The Police Profession Register is to be kept in the form and manner determined by the PRS Board. (6) A function of the PRS Board under subsection (5) may be performed by the President of the PRS Board or the Deputy President of the Registration Division. 122 Chief Commissioner to notify PRS Board of appointments and dismissals
Note to s. 124 inserted by No. 54/2016 s. 10. Note The Electronic Transactions (Victoria) Act 2000 provides that a document may be served electronically, including by fax and email, in accordance with that Act. S. 124A inserted by No. 37/2014 s. 5. 124A Publication of statements of reasons (1) The PRS Board may publish a statement of reasons for its decision to refuse an application for registration under Division 1 or an application for renewal of registration under Division 2 only if the PRS Board is satisfied that publishing the statement is in the public interest. (2) The PRS Board must publish a statement of reasons for its decision to cancel registration under Division 3 unless the PRS Board is satisfied that the publication of the statement would not be in the public interest. (3) The PRS Board may exclude information from a statement of reasons published under subsection (1) or (2) if the PRS Board considers the exclusion to be in the public interest. Division 1—Breaches of discipline 125 Breaches of discipline (1) A police officer or protective services officer 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 direction given under section 84 of the Independent Broad-based Anti-corruption Commission Act 2011; or
(c) fails to comply with the Chief Commissioner's instructions; or (d) fails to comply with a direction given under Part 5; or (e) refuses to consent to the use of evidence derived from a sample in the circumstances referred to in section 87; or (f) fails to comply with a direction given under Division 1 of Part 9 of the Independent Broad-based Anti-corruption Commission Act 2011; or (g) refuses to consent to the use of evidence derived from a sample in the circumstances referred to in section 174 of the Independent Broad-based Anti-corruption Commission Act 2011; or (h) engages in conduct that is likely to bring Victoria Police into disrepute or diminish public confidence in it; or (i) fails to comply with a lawful instruction given by the Chief Commissioner, a police officer of or above the rank of senior sergeant or a person having the authority to give the instruction; or (j) is guilty of disgraceful or improper conduct (whether in his or her official capacity or otherwise); or (k) is negligent or careless in the discharge of his or her duty; or (l) without the approval of the Chief Commissioner— (i) applies for or holds a licence or permit to conduct any trade, business or profession; or
investigating entity means— (a) the IBAC; or (b) the Ombudsman; or (c) the Victorian Inspectorate; investigation request means a request from the Chief Commissioner for a person to give any information, produce any document or thing, answer any question, or otherwise participate in an investigation under this Part; law enforcement agency has the meaning given in section 3(1) of the Independent Anti-corruption Commission Act 2011 but does not include the Chief Commissioner; prosecutorial body has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011; restricted matter means— (a) any information given to the Chief Commissioner under a direction under section 176 or in response to an investigation request; or (b) the contents of any document, or a description of any thing, produced to the Chief Commissioner under a direction under section 176 or in response to an investigation request; or (c) the existence of, or any information about, a direction under section 176 or an investigation request; or (d) the subject matter of a protected disclosure complaint being investigated under this Part; or
(a) information about who may perform a duty or function or exercise a power of the Chief Commissioner under this Part or an applicable law and how they may be authorised to do so; and (b) how investigations under this Part will be conducted, including explaining— (i) how procedural fairness will be accorded under Divisions 2 and 3; and (ii) how arrangements for legal representation and other support and assistance for witnesses will be managed. (3) The procedures referred to in subsection (1) must be consistent with— (a) the Protected Disclosure Act 2012; and (b) the guidelines in force for the time being under section 57 of that Act. (4) The Chief Commissioner must ensure that the procedures referred to in subsection (1) are readily available to the public and to each member of Victoria Police personnel. 188 IBAC may review investigation procedures (1) The IBAC may review the procedures established under section 187, or the implementation of those procedures, at any time to ensure that the procedures are, or their implementation is, consistent with— (a) the Protected Disclosure Act 2012; and (b) the guidelines in force for the time being under section 57 of that Act.