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.