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 of Special Investigations Monitor inserted by No. 79/2004 s. 74, repealed by No. 82/2012 s. 164(b). * * * * * s. 3 S. 3(1) def. of spouse inserted by No. 8722 s. 2(a), substituted by Nos 120/1994 s. 6(1)(b), 40/2010 s. 26(1)(b), amended by No. 82/2012 s. 164(c). spouse of a person means the person to whom the person is, or was at the time of the person's death, married; S. 3(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 164(d). Victorian Inspectorate has the same meaning as it has in the Victorian Inspectorate Act 2011. 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), amended by No. 40/2010 s. 26(2). (3) Without limiting the generality of subsection (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 partner" where the member of the force or pensioner is deceased and other parts of speech and grammatical forms of
S. 5(3) inserted by No. 35/2012 s. 9(3). (3) For the purposes of subsection (2)(c), acceptable clothing accessories includes but is not limited to jewellery, headgear, sunglasses and makeup. S. 6 substituted by No. 6957 s. 2(b). 6 Powers of Deputy Commissioner s. 6 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 S. 6(1A) inserted by No. 30/1999 s. 10(1), repealed by No. 77/2012 s. 5(1). * * * * * 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.
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 s. 8 (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 subsection (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), new s. 8(3) inserted by No. 77/2012 s. 6(1). (3) Subject to subsection (3A), an appointment under subsection (1)— (a) may be on a full-time or part-time basis; and (b) may be for a fixed term or on an ongoing basis. S. 8(3A) inserted by No. 77/2012 s. 6(1). (3A) An appointment may be made under subsection (1) on a part-time basis or for a fixed term (or both) only if the Chief Commissioner is satisfied that it is necessary to do so for the purposes of— (a) a specific project or task force of finite duration; or (b) dealing with an emergency within the meaning of the Emergency Management Act 1986. (4) Every appointment as a constable is subject to two years' probation, and every other appointment and every promotion to one year's probation.
S. 8AB(2) amended by No. 77/2012 s. 8(b)(i). (2) For the purposes of this section and sections 8 and 86AC— 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; S. 8AB(2) def. of transfer amended by No. 77/2012 s. 8(b)(ii). transfer means the transfer of a member of the force from one position in the force to another at the same rank, but does not include a directed transfer. S. 8AC inserted by No. 77/2012 s. 9. 8AC Directed transfers s. 8AC The Chief Commissioner may immediately transfer a member of the force (other than a Deputy Commissioner or Assistant Commissioner) to any part of the State if the Chief Commissioner considers it reasonably necessary to do so for the provision of policing services.
(c) study leave; or (d) leave granted for the purposes of service with— (i) another law enforcement agency; or (ii) a professional association that represents members of the force; police equipment means equipment issued to members of the force for use in the performance of their duties; police identification means any thing that identifies, or purports to identify, a person who carries, holds or wears it, as a member of the force. 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 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
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 s. 64C (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—
Pt 4 Div. 2 (Heading) inserted by No. 35/1993 s. 10. Division 2—Discipline 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 s. 69 (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 S. 69(1)(ab) inserted by No. 36/2001 s. 116, repealed by No. 85/2012 s. 125(a). * * * * *
S. 69(1)(ac) inserted by No. 34/2008 s. 142(2)(a), amended by Nos 13/2012 s. 11(2), 82/2012 s. 314(a). (ac) fails to comply with a direction given under section 84 of the Independent Broad-based Anti-corruption Commission Act 2011; or (b) fails to comply with a standing order or instruction of the Chief Commissioner; or S. 69(1)(ba) inserted by No. 67/2007 s. 4. (ba) fails to comply with a direction given under Division 4A of Part IV; or S. 69(1)(bb) inserted by No. 67/2007 s. 4. (bb) refuses to consent to the use of evidence derived from a sample in the circumstances referred to in section 85D; or S. 69(1)(bba) inserted by No. 85/2012 s. 125(b). (bba) fails to comply with a direction under section 86Y; or S. 69(1)(bc) inserted by No. 34/2008 s. 142(2)(b), amended by Nos 13/2012 s. 11(3), 82/2012 s. 314(b). (bc) fails to comply with a direction given under Division 1 of Part 9 of the Independent Broad-based Anti-corruption Commission Act 2011; or S. 69(1)(bd) inserted by No. 34/2008 s. 142(2)(b), amended by Nos 13/2012 s. 11(4), 82/2012 s. 314(c). (bd) 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 s. 69 (c) engages in conduct that is likely to bring the force into disrepute or diminish public confidence in it; or
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 s. 72 (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 subsection (1)(d) within the time specified under subsection (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 Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 158.3). 74 Authorised officers The Chief Commissioner may authorise any member of the force or any person employed under the Public Administration Act 2004 to charge a member or to inquire into and determine a charge under section 73.
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 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 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.
Pt 4 Div. 4 (Heading and ss 82–85) substituted as Pt 4 Div. 4 (Heading and ss 82–84) by No. 77/2012 s. 14. Division 4—Incapacity for duty S. 82 substituted by No. 77/2012 s. 14. 82 Definitions s. 82 (1) In this Division— incapacity includes— (a) lack of aptitude; (b) inefficiency; (c) lack of competence or ability; notice of incapacity means a notice given under section 83; remedial action means any action or process of a remedial nature (other than dismissal) taken or undertaken in relation to the performance of a member of the force, including— (a) the imposition of a remedial plan; (b) the amendment of an existing remedial plan; (c) transfer of the member to other duties. (2) In this Division, a reference to a member being incapable of performing his or her duties as a member of the force includes— (a) the member displaying a lack of aptitude for the performance of those duties; (b) the member being inefficient in the performance of those duties; (c) the member displaying a lack of competence or ability to meet the inherent requirements of those duties.
(a) furnish a sample of breath; or (b) furnish a sample of urine; or S. 85B(2)(c) amended by No. 55/2009 s. 59(1). (c) allow a registered medical practitioner or an approved health professional to take from the member a sample of the member's blood— for the purpose of testing for the presence of alcohol or a drug of dependence. (3) The Chief Commissioner— (a) must not give a direction under subsection (2) unless satisfied that the results of the testing may be relevant to— s. 85B (i) the management of the member's performance of his or her duties; or S. 85B(3)(a)(ii) amended by No. 85/2012 s. 126. (ii) an investigation under Part IV, IVA or IVB in respect of the member; or (iii) a proceeding arising out of, or connected with, any such investigation; and (b) may give a direction in the circumstances referred to in subsection (1)(b) only if— (i) in the case of a critical incident referred to in paragraph (b)(iii) of the definition of critical incident, the direction is given within 3 hours after the critical incident occurred; or (ii) in the case of any other critical incident, the direction is given within a reasonable time after the critical incident occurred. S. 85B(4) amended by No. 55/2009 s. 59(2). (4) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done
able to comply with a direction given to him or her, advise the member— (a) of the taking of the sample; and (b) that he or she may refuse to consent to the use of any evidence derived from the sample; and (c) that a refusal to consent to the use of the evidence constitutes a breach of discipline under section 69. (3) Evidence derived from a sample obtained in accordance with a direction under subsection (1) must be destroyed if the member from whom the sample was taken refuses to consent to the use of the evidence in the circumstances set out in that subsection. (4) The Chief Commissioner must cause any sample taken under subsection (1) and in respect of which consent is refused under subsection (2) to be destroyed. (5) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986. S. 85E inserted by No. 67/2007 s. 5. 85E Admissibility of test result in certain proceedings s. 85E (1) Evidence derived from a sample obtained in accordance with a direction made under section 85B or 85D is inadmissible in any proceeding in a court, tribunal or before a person or body authorised to hear and receive evidence. (2) Subsection (1) does not apply— (a) in a proceeding under the Accident Compensation Act 1985 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or
(5) If the applicant makes an election under subsection (4)(a), or fails to make an election or withdraw the application before the date of the hearing, the PRS Board may hear and determine the review in the absence of the applicant. (6) In this section— business day means a day other than a Saturday, Sunday or public holiday. S. 86AL inserted by No. 77/2012 s. 15. 86AL Chief Commissioner to lodge file in review of incapacity decisions s. 86AL (1) This section applies if an application for review is lodged in respect of a decision— (a) to transfer a member under section 84(2)(a) or (c); or (b) to reduce the rank or seniority of a member under section 84(2)(b) or (c); or (c) to dismiss a member under section 84(2)(d). (2) If an application for review is lodged, the Chief Commissioner must lodge the file relating to the decision with the PRS Board within 2 business days after the day on which he or she is notified under section 86AR(2) of the lodging of the application. (3) In this section— business day means a day other than a Saturday, Sunday or public holiday. S. 86AM inserted by No. 77/2012 s. 15. 86AM PRS Board must have regard to public interest and interests of applicant (1) In a review, the PRS Board must have regard to— (a) the public interest; and (b) the interests of the applicant for review.
S. 86L(2B) inserted by No. 36/2001 s. 117, amended by Nos 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7), substituted by No. 85/2012 s. 130(2). (2B) If a member of the force is required to make a complaint under subsection (2A) about the conduct of another member of the force, it is sufficient compliance for the purposes of that subsection if the member makes a disclosure in accordance with Part 2 of the Protected Disclosure Act 2012. S. 86L(3) amended by Nos 14/1988 s. 18(Sch. 1 item 13), 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). (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 IBAC. S. 86L(4) amended by Nos 14/1988 s. 18(Sch. 1 item 13), 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), 13/2012 s. 11(7). (4) A person may make a complaint to the IBAC notwithstanding that the complaint has already been made to a member of the force. s. 86L S. 86L(5) amended by Nos 14/1988 s. 18(Sch. 1 item 13), 15/1989 s. 16(1), 32/2004 s. 10(2)(a), 63/2004 s. 4(5)(c)(i), repealed by No. 34/2008 s. 142(8)(b). * * * * *
S. 86O(2)(a) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (a) before commencing to conciliate, notify the IBAC of the proposed attempt; and S. 86O(2)(b) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (b) notify the IBAC of the results of the attempt. S. 86O(3) amended by Nos 14/1988 s. 18(Sch. 1 item 16), 32/2004 s. 13, 63/2004 s. 4(7)(a), 13/2012 s. 11(7). (3) After completing an investigation the Chief Commissioner must in writing report to the IBAC 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, amended by Nos 14/1988 s. 18(Sch. 1 item 17), 15/1989 s. 17, 9/2001 s. 6(1), substituted by No. 32/2004 s. 14, amended by Nos 63/2004 s. 4(7)(a), 79/2004 s. 81(3)–(6), 67/2007 s. 7, repealed by No. 34/2008 s. 142(12). * * * * * s. 86P
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), 68/2009 s. 97(Sch. item 93.4). 97 Penalty for personating etc. members of the force s. 97 If 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-sheet 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,
S. 118(2) repealed by No. 6886 s. 3. * * * * * _______________ Pt 6A (Heading and ss inserted by No. 32/1987 s. 4. S. 118A inserted by No. 32/1987 s. 4. 118A Definition s. 118A In 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), amended by No. 2/2011 s. 3(1). (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— S. 118B(1)(a) inserted by No. 2/2011 s. 3(1). (a) persons holding certain official or public offices; S. 118B(1)(b) inserted by No. 2/2011 s. 3(1). (b) the general public in certain places; S. 118B(1)(c) inserted by No. 2/2011 s. 3(1). (c) certain places of public importance.
S. 118B(1A) inserted by No. 42/1990 s. 9(1)(a), repealed by No. 2/2011 s. 3(2). * * * * * S. 118B(2) substituted by No. 26/1997 s. 45(2), amended by Nos 61/1999 s. 15(2), 43/2011 s. 3, 77/2012 s. 20(1)(a). (2) Officers are not members of the force except for the purposes of Parts IV, IVAA and IVA, Division 2 of Part VA and section 123. Note to s. 118B(2) inserted by No. 85/2012 s. 138. Note Protective services officers are members of the police force for the purposes of Part IVB: see the definition of police force in section 86W. S. 118B(3) repealed by No. 11/1992 s. 16(a). * * * * * s. 118B S. 118B(3A) inserted by No. 42/1990 s. 10, amended by No. 11/1992 s. 16(b). (3A) Despite subsection (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 Nos 35/1993 s. 15, 61/1999 s. 15(3), 9/2001 s. 13(1), repealed by No. 77/2012 s. 20(1)(b). * * * * *
made under section 91F(1) before that commencement. (6) Part V, as in force immediately before the commencement of sections 7, 16 and 20 of the amending Act, continues to apply to— s. 135 (a) an appeal lodged under section 8AA or 118B before that commencement that had not been determined before that commencement; and (b) an application for review made under section 91F before that commencement that had not been determined before that commencement; and (c) a determination made on or after that commencement under section 85 (as continued in operation by subsection (1) of this section) on an inquiry that was begun but not completed before the commencement of section 14 of the amending Act. (7) For the purposes of subsection (6), the Appeals Board continues to exist. (8) Despite anything to the contrary in Part V, on the commencement of section 16 of the amending Act— (a) the person who was chairperson of the Appeals Board immediately before that commencement becomes a Deputy President of the PRS Board, as if he or she had been appointed under section 87D(1)(b)(iii), for the remainder of his or her term of appointment under section 89 and on the same terms and conditions, and is eligible for reappointment under section 87D(1); (b) a person who was a deputy chairperson of the Appeals Board immediately before that commencement becomes a member of the PRS Board, as if he or she had been
appointed under section 87D(1)(e), for the remainder of his or her term of appointment under section 89 and on the same terms and conditions, and is eligible for reappointment under section 87D(1). (9) In this section— amending Act means the Police Regulation Amendment Act 2012; Appeals Board means the Appeals Board established by section 87 as in force immediately before the commencement of section 16 of the amending Act; promotion or transfer decision means— (a) the selection of a member of the force for promotion or transfer under section 8; or (b) the selection of a protective services officer for promotion under section 118B. S. 136 inserted by No. 34/2008 s. 141, repealed by No. 13/2012 s. 11(13). * * * * * s. 135 __________________ SCHEDULES Sch. 1 repealed by No. 35/1993 s. 4, new Sch. 1 inserted by No. 9/2001 s. 17. FIRST SCHEDULE Sch. 1 Section 71(2) OFFENCES
Sch. 4 cl. 10 amended by Nos 120/1994 s. 6(2)(a), 40/2010 ss 41(11), 43(2)(4) (as amended by No. 32/2011 s. 23). 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 or she 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 and adult children or to the widow or widower and children and adult children does not exceed of the annual pay for each completed year of approved service, and the total amount of any gratuities granted to the children and adult children shall not, in any case, exceed the annual pay. (e) Dependants' Gratuities Sch. 4 Sch. 4 cl. 11 amended by No. 40/2010 s. 43(1). 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 or her pay. 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), 40/2010 s. 42(1). 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 partner, child or adult child to do so; and a child's or adult 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, adult child or dependant to do so. Sch. 4
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 : 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) : 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 : 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 : 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 : 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 : 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 : 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 : 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 : All of Act in operation Statute Law Revision Act 1964, No. 7142/1964
Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Superannuation Act 1972, No. 8314/1972 Assent Date: 8.11.72 Commencement Date: 1.12.72: s. 1(2) : All of Act in operation Police Regulation (Amendment) Act 1973, No. 8487/1973 Assent Date: 4.12.73 Commencement Date: 4.12.73 : All of Act in operation Endnotes 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 : All of Act in operation Police Regulation (Amendment) Act 1975, No. 8745/1975 Assent Date: 5.11.75 Commencement Date: 5.11.75 : 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 : 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 : 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) : 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 : 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 : All of Act in operation Police Regulation (Charges and Appeals) Act 1980, No. 9433/1980
Protected Disclosure Act 2012, No. 85/2012 Assent Date: 18.12.12 Commencement Date: Ss 124–140 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 : This information relates only to the provision/s amending the Police Regulation Act 1958 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes