5Meaning of *police personnel conduct*, *police personnel conduct complaint* and *police personnel misconduct*

5 Meaning of *police personnel conduct*, *police personnel conduct complaint* and *police personnel misconduct* For the purposes of this Act— ***police personnel*** ***conduct*** means— (a) in relation to a public officer who is a police officer or protective services officer— (i) an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a police officer or protective services officer; or (ii) conduct which constitutes an offence punishable by imprisonment; or (iii) conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or (iv) disgraceful or improper conduct (whether in the public officer's official capacity or otherwise); (b) in relation to a public officer who is a Victoria Police employee or police recruit— (i) an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a Victoria Police employee or police recruit; or (ii) conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; ***police personnel conduct complaint*** means— (a) a complaint made to the IBAC under section 167 of the **Victoria Police Act 2013**; or (b) a complaint made to the IBAC in relation to the police personnel conduct of a member of Victoria Police personnel other than a police officer or protective services officer; ***police personnel misconduct*** means— (a) in relation to a public officer who is a police officer or protective services officer— (i) conduct which constitutes an offence punishable by imprisonment; or (ii) conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or (iii) disgraceful or improper conduct (whether in the public officer's official capacity or otherwise); (b) in relation to a public officer who is a Victoria Police employee or police recruit, conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it. S. 6 inserted by No. 13/2012 s. 4 (as amended by No. 82/2012 s. 148(1)).