Victoria Police Act 2013

290 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2024 297

Schedules 298

Schedule 1—Chief Commissioner, Deputy Chief Commissioners and Assistant Commissioners 298

Schedule 2—Oaths and affirmations 307

Schedule 3—Long service leave 309

Schedule 4—Reportable offences 312

Schedule 5—Subject matter for regulations 319

Schedule 6—Transitional provisions 324

═══════════════

Endnotes 339

1 General information 339

2 Table of Amendments 341

3 Explanatory details 347

Version No. 051

Victoria Police Act 2013

No. 81 of 2013

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are to—

(a) re-enact and modernise the law relating to the governance and regulation of Victoria Police; and

(b) retitle and substantially repeal the Police Regulation Act 1958.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2014, it comes into operation on that day.

3 Definitions

(1) In this Act—

Assistant Commissioner means a person employed as an Assistant Commissioner under section 24;

breach of discipline has the meaning given in section 125;

business day means a day other than a Saturday, a Sunday or a public holiday or half-holiday appointed under the Public Holidays Act 1993;

Chief Commissioner means the Chief Commissioner of Police appointed under section 17;

Chief Commissioner's instructions means any instructions issued under section 60 as in force from time to time;

S. 3(1) def. of code of conduct inserted by No. 2/2024 s. 42.

code of conduct means the code of conduct issued under section 61A;

commissioned officer means a police officer certified as a commissioned officer of Victoria Police under section 14;

S. 3(1) def. of country position repealed by No. 19/2016 s. 3(b).

Deputy Commissioner means a person appointed as a Deputy Commissioner under section 21;

S. 3(1) def. of designated place substituted by No. 29/2020 s. 3, amended by No. 55/2025 s. 106(1).

designated place means—

(a) a place prescribed by the regulations to be a designated place for the purposes of section 200O; or

(b) a place or area declared to be a designated place in a notice published under section 3A;

directed transfer means—

(a) the transfer of a police officer under section 35; or

(b) the transfer of a protective services officer under section 44;

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

A registered relationship is defined in subsection (2).

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of drug of dependence inserted by No. 59/2015 s. 3.

drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

efficiency, in relation to the promotion or transfer of police officers or protective services officers, has the meaning given in section 4;

general duties, in relation to a police officer, means primary response and general patrol duties;

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Commissioner means the Commissioner appointed under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Officer has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 41.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of investigative agency amended by No. 31/2024 ss 25, 113(Sch. 1 item 41.1(b)).

investigative agency means—

(a) Victoria Police, or an equivalent body in another State or the Northern Territory; or

(b) the IBAC; or

(c) the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; or

(d) the Australian Crime Commission within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth; or

(e) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or

(f) Integrity Oversight Victoria; or

(g) the Law Enforcement Conduct Commission constituted by section 17 of the Law Enforcement Conduct Commission Act 2016 of New South Wales; or

(h) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales; or

(i) the New South Wales Crime Commission constituted by the Crime Commission Act 2012 of New South Wales; or

(j) the Crime and Misconduct Commission established under the Crime and Misconduct Act 2001 of Queensland; or

(k) the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003 of Western Australia; or

(l) the National Anti‑Corruption Commission established under the National Anti‑Corruption Commission Act 2022 of the Commonwealth;

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;

S. 3(1) def. of medical care inserted by No. 55/2025 s. 100.

medical care in Division 3A of Part 4 includes—

(a) an examination or assessment under the Mental Health and Wellbeing Act 2022; and

(b) treatment within the meaning of section 5 of that Act; and

(c) care provided by a registered health practitioner;

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;

S. 3(1) def. of police custody officer supervisor inserted by No. 45/2017 s. 41.

police custody officer supervisor means a Victoria Police employee authorised to act as a police custody officer supervisor under section 200AC;

police force of another jurisdiction means—

(a) the Australian Federal Police; or

(b) the police force or police service of another State or a Territory; or

(c) the police force or police service of another country or part of a country;

police officer means—

(a) the Chief Commissioner; or

(b) a Deputy Commissioner; or

(c) an Assistant Commissioner; or

(d) a person appointed under Division 5 of Part 3;

Police reservists and special constables are taken to be police officers for certain purposes—see sections 45 and 193.

S. 3(1) def. of police premises inserted by No. 37/2022 s. 10.

police premises means any premises occupied or used by Victoria Police, on a permanent or temporary basis, for any purpose related to the functions, duties or powers of Victoria Police—

(a) including the following—

(i) a police station;

(ii) an office;

(iii) a storage area;

(iv) a car park or part of a car park;

(v) an entrance foyer;

(vi) an exit point; and

(b) excluding a PSO pod;

Police Profession Register means the register kept under section 121;

police recruit means a person employed under Division 6 of Part 3;

police reservist means a person who, immediately before the commencement of section 282, held office as a police reservist under the Police Regulation Act 1958 as in force immediately before that commencement;

police tort has the meaning given in section 72;

police tort claim has the meaning given in section 73;

Professional Standards Division means the Professional Standards Division of the PRS Board;

See section 203(b).

professional standards function means a function specified in section 202(1)(b);

S. 3(1) def. of protected disclosure complaint repealed by No. 2/2019 s. 80(2).

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 PSO pod inserted by No. 37/2022 s. 10.

PSO pod means a building or structure that is—

(a) located at or in the vicinity of a railway station; and

(b) occupied or used by Victoria Police for purposes related to the functions, duties or powers of protective services officers;

S. 3(1) def. of public interest complaint inserted by No. 2/2019 s. 80(1).

public interest complaint means a disclosure that is determined to be a public interest complaint by the IBAC under section 26 of the Public Interest Disclosures Act 2012;

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;

See item 2.10 of Schedule 5.

S. 3(1) def. of registered health practitioner inserted by No. 55/2025 s. 100.

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);

Registration Division means the Registration Division of the PRS Board;

See section 203(a).

registration function means a function specified in section 202(1)(a);

S. 3(1) def. of restorative engagement process inserted by No. 3/2019 s. 31.

restorative engagement process—see section 174A(1);

Review Division means the Review Division of the PRS Board;

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;

S. 3(1) def. of transit state inserted by No. 55/2025 s. 100.

transit state means—

(a) New South Wales; or

(b) South Australia;

S. 3(1) def. of transport inserted by No. 55/2025 s. 100.

transport, in Division 3A of Part 4 and Part 11A, includes escort, bring, transfer, convey, take and deliver;

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;

S. 3(1) def. of Victoria Police identification amended by No. 31/2024 s. 113(Sch. 1 item 41.1(c)).

Victoria Police identification means a thing determined under section 60(2)(b) to be Victoria Police identification.

S. 3(1) def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 41.1(d)).

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 3(3) inserted by No. 55/2025 s. 106(2).

(3) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty; and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

S. 3A inserted by No. 29/2020 s. 4.

3A Declaration of designated place

(1) This section applies to the following places or areas—

(a) an area that—

(i) adjoins a designated place within the meaning of paragraph (a) of the definition of designated place; and

(ii) adjoins or is a public thoroughfare to a roadway, a sporting venue or a place of mass gathering;

(b) a public thoroughfare used to access or exit from the public transport network, a sporting venue or a place of mass gathering;

(c) an area surrounding or adjacent to a sporting venue, a venue of public entertainment or a place of mass gathering;

(d) any large area, including the central business district of Melbourne or any part of it.

(2) The Chief Commissioner or a Deputy Commissioner, by notice published in the Government Gazette, may declare a place or area referred to in subsection (1) and specified in the declaration to be a designated place for one or more of the following—

(a) a period not exceeding 12 months;

(b) specified hours on recurring dates within a period not exceeding 12 months;

(c) specified dates within a period not exceeding 12 months;

(d) specified days of the week within a period not exceeding 12 months.

(3) When making a declaration under subsection (2), the Chief Commissioner or a Deputy Commissioner must be satisfied that—

(a) the declaration is necessary or desirable for community safety or reassurance of the public at the place or area specified in the declaration and is appropriate—

(i) to assist police to provide a presence at the place or area specified in the declaration; or

(ii) to deter crime or antisocial behaviour within the place or area specified in the declaration; or

(iii) to provide reassurance for the safety of persons moving within, to or from the place or area specified in the declaration; and

(b) the exercise of powers by protective services officers at the place or area specified in the declaration will not unduly limit the human rights of any person; and

(c) in performing their functions and exercising their powers, protective services officers will be supervised by police officers.

(4) A police officer of or above the rank of Assistant Commissioner, by notice published on an Internet site maintained by Victoria Police, may declare a place or area referred to in subsection (1) and specified in the declaration to be a designated place for a period not exceeding 48 hours if the police officer is satisfied that urgent or unforeseen circumstances require the deployment of protective services officers in the specified place or area.

(5) Subject to subsection (6), a declaration under subsection (2) or (4) comes into operation on the day on which it is made available to the public on an Internet site maintained by Victoria Police.

(6) A declaration under subsection (2) that is expressed to come into operation on the revocation or expiry of a declaration under subsection (4) comes into operation on that revocation or expiry.

4 Meaning of *efficiency*

(1) For the purposes of the promotion or transfer of police officers to a position or rank referred to in column 2 of an item in the following table, efficiency has the meaning given in column 3 of that item.

TABLE

(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.

Part 2—Victoria Police

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.

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—

(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)—

(a) confers on any person any civil right of action; or

(b) provides any person with a defence to any civil action; or

(c) otherwise affects any civil right of action.

Division 2—Relationship with government

10 Ministerial directions

(1) The Minister may from time to time, after consulting the Chief Commissioner, give written directions to the Chief Commissioner in relation to the policy and priorities to be pursued in the performance of the functions of Victoria Police.

(2) Subject to subsection (3), a direction under subsection (1) cannot be given in relation to any of the following matters—

(a) preservation of the peace and the protection of life and property in relation to any person or group of persons;

(b) enforcement of the law in relation to any person or group of persons;

(c) the investigation or prosecution of offences in relation to any person or group of persons;

(d) decisions about individual members of Victoria Police personnel, including decisions in relation to discipline;

(e) the organisational structure of Victoria Police;

(f) the allocation or deployment of police officers or protective services officers to or at particular locations;

(g) training, education and professional development programs within Victoria Police;

(h) the content of any internal grievance-resolution procedures.

(3) The Minister may give a direction under subsection (1) in relation to a matter specified in subsection (2)(e), (f), (g) or (h) if—

(a) an entity specified in subsection (4) has made a report or recommendation in relation to the matter; and

(b) in the Minister's opinion, the Chief Commissioner has not responded adequately to that report or recommendation.

(4) The following entities are specified for the purposes of subsection (3)(a)—

(a) the IBAC;

S. 10(4)(ab) inserted by No. 34/2016 s. 34.

(ab) the Public Interest Monitor;

(b) the Auditor-General;

(c) the State Services Authority;

(d) the Public Sector Standards Commissioner;

(e) a coroner;

S. 10(4)(f) amended by No. 21/2015 s. 3(Sch. 1 item 61), substituted by No. 20/2017 s. 134(Sch. 1 item 18).

(f) in the case of a report or recommendation made under the Privacy and Data Protection Act 2014, the Information Commissioner appointed under the Freedom of Information Act 1982;

(g) a Parliamentary Committee;

S. 10(4)(h) substituted by No. 67/2014 s. 147(Sch. 2 item 42.1).

(h) a Board of Inquiry or Formal Review established under the Inquiries Act 2014;

S. 10(4)(i) repealed by No. 67/2014 s. 147(Sch. 2 item 42.1).

(j) a Royal Commission;

(k) a prescribed entity.

(5) The Minister may from time to time, after consulting the Chief Commissioner, in writing vary or revoke a direction given under subsection (1).

(6) The Minister must cause a copy of a direction, and of any variation or revocation of a direction, to be published in the Government Gazette.

(7) The Chief Commissioner must ensure that a copy of any directions currently in force is available on an Internet site maintained by Victoria Police.

11 Minister's power to obtain information and reports

(1) The Minister may from time to time request the Chief Commissioner to give the Minister information or reports of a kind specified by the Minister in relation to the performance of the functions of Victoria Police.

(2) Subject to this section, the Chief Commissioner must comply with a request under subsection (1).

(3) The Chief Commissioner may withhold information from the Minister if the Chief Commissioner considers that giving it to the Minister would be reasonably likely to—

(a) prejudice any investigation of a contravention or possible contravention of the law; or

(b) prejudice the prosecution of any person for an offence; or

(c) endanger the life or physical safety of any person.

12 Annual report of Chief Commissioner

(1) Without limiting section 11, the Chief Commissioner must prepare a report in respect of each financial year on—

(a) any action taken by the Chief Commissioner under Division 6 of Part 4 during that year and the outcome of that action (including the result of any review of that action by the PRS Board); and

(b) any action taken by the Chief Commissioner or an authorised officer under Part 7 during that year and the outcome of that action (including the result of any review of that action by the PRS Board); and

(c) any action taken by the Chief Commissioner under section 195 during that year; and

(d) the prescribed information in relation to Part 5.

Note to s. 12(1) amended by No. 2/2019 s. 89(Sch. 1 Pt D item 1).

See section 69 of the Public Interest Disclosures Act 2012 for other matters that must be included in the Chief Commissioner's report.

(2) The Chief Commissioner must give the report to the Minister within 3 months after the end of the financial year.

(3) Within 3 months after giving the report to the Minister, the Chief Commissioner must publish a copy of it on an Internet site maintained by Victoria Police, unless the information in the report is laid before one or both Houses of Parliament (whether in a report of operations under Part 7 of the Financial Management Act 1994 or otherwise) within that period.

Part 3—Victoria Police personnel

Division 1—Ranks, commissions and numbers

13 Rank structure

The following are the ranks of police officers, in descending order of seniority—

(a) Chief Commissioner;

(b) Deputy Commissioner;

(c) Assistant Commissioner;

(d) commander;

(e) chief superintendent;

(f) superintendent;

(g) chief inspector;

(h) inspector;

(i) senior sergeant;

(j) sergeant;

(k) senior constable;

(l) constable.

14 Commissioned officers

(1) The Governor in Council may certify that a police officer of any of the following ranks is a commissioned officer of Victoria Police—

(a) Assistant Commissioner;

(b) commander;

(c) chief superintendent;

(d) superintendent;

(e) chief inspector;

(f) inspector.

(2) Subject to the direction and control of the Chief Commissioner, a commissioned officer is responsible for the management and control of the portion of Victoria Police that is placed under the officer's charge.

15 Number of police officers and protective services officers

(1) The Governor in Council may from time to time, by Order, determine—

(a) the total number of police officers that may be appointed under Division 5; and

(b) the total number of police officers that may hold each rank below the rank of Assistant Commissioner; and

(c) the total number of protective services officers that may be appointed.

(2) The Chief Commissioner must comply with an Order made under subsection (1).

Division 2—Chief Commissioner

16 Role of Chief Commissioner

(1) The Chief Commissioner—

(a) is the chief constable and the chief executive officer of Victoria Police; and

(b) subject to the direction of the Minister under section 10, is responsible for the management and control of Victoria Police.

(2) In particular, and without limiting subsection (1), the Chief Commissioner—

(a) is responsible for implementing the policing policy and priorities of the Government; and

(b) is responsible for providing advice and information to the Minister on the operations of Victoria Police and policing matters generally; and

(c) is responsible to the Minister for the general conduct, performance and operations of Victoria Police.

The Chief Commissioner is also the public service body Head in relation to Victoria Police employees under section 16 of the Public Administration Act 2004.

17 Appointment of Chief Commissioner

(1) The Governor in Council may appoint a Chief Commissioner of Police.

S. 17(1A) inserted by No. 20/2025 s. 19A.

(1A) The Chief Commissioner must be—

(c) a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d) a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2) The Chief Commissioner holds office in accordance with Part 1 of Schedule 1.

18 Appointment of Acting Chief Commissioner

(1) A police officer may be appointed under this section to act as Chief Commissioner—

(a) during a vacancy in the office of Chief Commissioner; or

(b) during a period, or all periods, when the Chief Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office.

S. 18(1A) inserted by No. 20/2025 s. 19B.

(1A) An Acting Chief Commissioner must be—

(c) a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d) a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2) The appointment of an Acting Chief Commissioner may be made by—

(a) the Minister for a period not exceeding 4 weeks; or

(b) the Governor in Council for any period.

(3) The Acting Chief Commissioner has all the powers and must perform all the duties of the Chief Commissioner.

(4) A person appointed to act as Chief Commissioner is eligible to be reappointed.

(5) The Governor in Council may revoke the appointment of an Acting Chief Commissioner at any time (including an appointment made by the Minister).

19 Delegation by Chief Commissioner

S. 19(1) amended by No. 8/2023 s. 93.

(1) The Chief Commissioner, by instrument, may delegate to a member or class of members of Victoria Police personnel (other than police recruits) any duty, function or power of the Chief Commissioner under this Act or any other Act (other than the Human Source Management Act 2023), other than—

(a) the power under section 83 to determine that a work unit within Victoria Police is a designated work unit or that a work function performed by members of Victoria Police personnel in the course of duty is a designated work function; or

(b) the power under section 196 to declare an incident to be an incident requiring urgent cross-border assistance; or

(c) the power under section 197 to extend a declaration made under section 196; or

(d) the power under section 236 to authorise a media organisation; or

(e) the power under section 238 to authorise the giving of a photograph to an authorised media organisation; or

(f) this power of delegation.

(2) The Chief Commissioner, by instrument, may delegate to a police officer of or above the rank of inspector or to a Victoria Police employee at a level of Grade 6 or higher—

(a) the power under section 236 to authorise a media organisation; or

(b) the power under section 238 to authorise the giving of a photograph to an authorised media organisation.

(3) A delegation under subsection (1) or (2) may be made to a person or class of persons by name or by reference to the office, offices or employment held.

Division 3—Deputy Commissioners

20 Role of Deputy Commissioners

Subject to the direction and control of the Chief Commissioner, a Deputy Commissioner is responsible for the management and control of the portion of Victoria Police that is placed under the Deputy Commissioner's charge.

21 Appointment of Deputy Commissioners

(1) The Governor in Council, on the recommendation of the Minister, may appoint as many Deputy Commissioners as the Governor in Council considers necessary.

S. 21(1A) inserted by No. 20/2025 s. 19C.

(1A) A Deputy Commissioner must be—

(c) a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d) a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2) The Minister must consult the Chief Commissioner before making a recommendation to the Governor in Council for the appointment of a Deputy Commissioner.

(3) A Deputy Commissioner holds office in accordance with Part 2 of Schedule 1.

22 Appointment of Acting Deputy Commissioner

(1) A police officer may be appointed under this section to act as a Deputy Commissioner—

(a) during a vacancy in the office of a Deputy Commissioner; or

(b) during a period, or all periods, when a Deputy Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office; or

(c) during a period when a Deputy Commissioner has been appointed as Acting Chief Commissioner.

S. 22(1A) inserted by No. 20/2025 s. 19D.

(1A) An Acting Deputy Commissioner must be—

(c) a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d) a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2) The appointment of an Acting Deputy Commissioner may be made by—

(a) the Chief Commissioner for a period not exceeding 4 weeks; or

(b) the Governor in Council for any period.

(3) An Acting Deputy Commissioner has all the powers and must perform all the duties of the Deputy Commissioner in whose place he or she is acting.

(4) A person appointed to act as a Deputy Commissioner is eligible to be reappointed.

(5) The Governor in Council may revoke an appointment of an Acting Deputy Commissioner at any time (including an appointment made by the Chief Commissioner).

23 Deputy Commissioner may act temporarily as Chief Commissioner in certain circumstances

(1) This section applies at any time—

(a) during a vacancy in the office of Chief Commissioner; or

(b) during a period when the Chief Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office—

other than a time during which the appointment of an Acting Chief Commissioner under section 18 is in effect.

(2) If this section applies, a Deputy Commissioner may make a written declaration to the Minister.

(3) After making a declaration under subsection (2), the Deputy Commissioner may act as the Chief Commissioner and, for that purpose, has all the powers and must perform all the duties of the Chief Commissioner, until the first of the following occurs—

(a) an Acting Chief Commissioner is appointed under section 18; or

(b) the Chief Commissioner resumes duty; or

(c) the period of 72 hours after the making of the declaration expires.

Division 4—Assistant Commissioners

24 Employment of Assistant Commissioners

(1) The Chief Commissioner, on behalf of the Crown, may employ as many Assistant Commissioners as he or she thinks necessary.

(2) Subject to subsection (3), the Chief Commissioner may employ a person as an Assistant Commissioner only if the person—

(a) is a police officer; or

(b) satisfies the prescribed criteria for appointment as a police officer under section 27.

(3) The Chief Commissioner may waive any of the prescribed criteria in any particular case.

(4) Part 3 of Schedule 1 applies to the employment of an Assistant Commissioner.

(5) Nothing in this Division or Part 3 of Schedule 1 affects or takes away from the application of section 51(a) to an Assistant Commissioner.

25 Status of Assistant Commissioner as a police officer

(1) A person who was a police officer immediately before the time his or her contract of employment as an Assistant Commissioner comes into force continues to be a police officer on and after the time the contract comes into force.

(2) A person who was not a police officer immediately before the time his or her contract of employment as an Assistant Commissioner comes into force is taken to have been appointed as a police officer at the time the contract comes into force.

26 Appointment of Acting Assistant Commissioner

(1) The Chief Commissioner may appoint a police officer to act as an Assistant Commissioner—

(a) during a vacancy in the office of an Assistant Commissioner; or

(b) during a period, or all periods, when an Assistant Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office.

(2) An Acting Assistant Commissioner has all the powers and must perform all the duties of the Assistant Commissioner in whose place he or she is acting.

(3) An appointment under this section may be made for a period not exceeding 6 months.

S. 26(3A) inserted by No. 54/2016 s. 4.

(3A) A person appointed to act as an Assistant Commissioner is eligible to be reappointed.

S. 26(3B) inserted by No. 54/2016 s. 4.

(3B) A person must not be appointed to act as an Assistant Commissioner for more than 2 consecutive terms.

(4) The Chief Commissioner may revoke the appointment of an Acting Assistant Commissioner at any time.

Division 5—Other police officers

27 Appointment of police officers

(1) Subject to section 15, the Chief Commissioner may appoint a person as a police officer below the rank of Assistant Commissioner.

Section 15 enables the Governor in Council to determine the total number of police officers and the total number of police officers of each rank.

(2) Subject to subsection (3), the Chief Commissioner may appoint a person under this section only if the person satisfies the prescribed criteria for appointment.

(3) The Chief Commissioner, in exceptional circumstances, may waive any of the prescribed criteria for appointment in any particular case.

(4) Subject to subsection (5), an appointment under this section—

(a) may be on a full-time or part-time basis; and

(b) may be for a fixed term or on an ongoing basis.

(5) An appointment under this section may be made 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.

(6) The instrument of appointment must specify the rank at which the person is appointed.

28 Probation for appointment

S. 28(1) amended by No. 55/2025 s. 110.

(1) Subject to section 28A, the appointment of a person under section 27 is subject to the following initial period of probation—

(a) 2 years in the case of an appointment at the rank of constable; or

(b) one year in any other case.

(2) At the end of the initial period of probation, the appointment is confirmed unless, before that time, the Chief Commissioner—

(a) terminates the appointment under subsection (4); or

(3) At the end of a further period of probation under subsection (2)(b), the appointment is confirmed unless, before that time the Chief Commissioner terminates the appointment under subsection (4).

(4) The Chief Commissioner may terminate an appointment under section 27 at any time during an initial or further period of probation.

(5) In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

S. 28(5)(d) substituted by No. 3/2019 s. 89(1).

S. 28A inserted by No. 55/2025 s. 111.

28A Period of probation for officers from other jurisdictions or re-appointed former police officers

(1) The Chief Commissioner may determine that the probation requirements set out in section 28 do not apply to a person referred to in section 29 who applies to be appointed as a police officer if, in the Chief Commissioner's discretion, it is appropriate to do so.

(2) The Chief Commissioner may determine that the probation requirements set out in section 28 do not apply to a person referred to in section 30 who applies to be reappointed as a police officer if, in the Chief Commissioner's discretion, it is appropriate to do so.

(3) A determination under subsection (1) or (2) must fix a period of probation of a specified period, being—

(a) at least 3 months and not more than 2 years, as the Chief Commissioner considers appropriate; and

(b) not longer than could have been imposed under section 28 had the person been a new appointment under section 27.

29 Appointment of officers from other jurisdictions

(1) This section applies to the appointment under section 27 of a person who—

(a) has never been a police officer; and

(b) is or has been an officer or member of a police force of another jurisdiction.

(2) The Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person—

(i) meets the prescribed criteria for appointment at the proposed rank; or

(ii) subject to the satisfactory completion of training specified by the PRS Board, will meet the prescribed criteria for appointment at the proposed rank; and

S. 29(2)(b) amended by No. 54/2016 s. 5.

(b) has the capabilities to perform the duties of a police officer at the proposed rank.

(3) Subject to section 222(3), the PRS Board must comply with a request under subsection (2).

The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part 12 gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 222(3) the PRS Board may decline to provide advice in certain circumstances.

(4) The Chief Commissioner must consider the advice of the PRS Board in determining whether to appoint the person under section 27 and in determining the rank at which and position to which he or she is appointed.

30 Appointment of former police officers

(1) This section applies to the appointment to Victoria Police of a person who has previously been a police officer.

(2) The Chief Commissioner may appoint the person under section 27 if the person is registered on the Police Profession Register.

(3) If the person is not registered on the Police Profession Register, the Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person—

(i) meets the prescribed criteria for appointment at the proposed rank; or

(ii) subject to the satisfactory completion of training specified by the PRS Board, will meet the prescribed criteria for appointment at the proposed rank; and

S. 30(3)(b) amended by Nos 37/2014 s. 4(a), 54/2016 s. 6.

(b) has the capabilities to perform the duties of a police officer at the proposed rank.

S. 30(3)(c) repealed by No. 37/2014 s. 4(b).

(4) Subject to section 222(3), the PRS Board must comply with a request under subsection (3).

The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part 12 gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 222(3) the PRS Board may decline to provide advice in certain circumstances.

(5) If the PRS Board's advice has been requested under this section, the Chief Commissioner must consider the advice in determining whether to appoint the person under section 27 and in determining the rank at which and position to which he or she is appointed.

31 Promotion of police officers

S. 31(1) amended by No. 55/2014 s. 182.

(1) Subject to section 15, the Chief Commissioner may promote a police officer appointed under section 27 to a higher rank in accordance with this Act and the regulations.

Section 15 enables the Governor in Council to determine the total number of police officers of each rank.

(2) In determining a promotion, the Chief Commissioner—

(a) must have regard to the efficiency of the candidate for promotion; and

(b) if there is more than one candidate for promotion—

(ii) subject to subsection (3), must not have regard to their relative seniority.

(3) The Chief Commissioner must have regard to the relative seniority of candidates for promotion to the rank of senior sergeant, sergeant or senior constable if the Chief Commissioner considers that the candidates are equally efficient.

(4) Subsection (2) does not apply to—

(a) a promotion to a position of senior constable (general duties); or

(b) a promotion of a constable who holds a position to the rank of senior constable in the same position.

(5) The Chief Commissioner must cause notice of the selection of a police officer for promotion to be published in the Police Gazette.

32 Probation for promotion

(1) A promotion is subject to an initial period of probation of one year.

(2) At the end of the initial period of probation, the promotion is confirmed unless, before that time, the Chief Commissioner—

S. 32(2)(a) amended by No. 37/2022 s. 11.

(a) disallows the promotion under subsection (4); or

(3) At the end of a further period of probation under subsection (2)(b), the promotion is confirmed unless, before that time, the Chief Commissioner disallows the promotion under subsection (4).

(4) The Chief Commissioner may disallow a promotion at any time during an initial or further period of probation.

(5) If a promotion is disallowed, from the time of the disallowance the police officer's rank is the rank he or she held immediately before the promotion.

(6) In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

S. 32(6)(d) substituted by No. 3/2019 s. 89(1).

33 Transfer of police officers

(1) The Chief Commissioner may transfer a police officer in accordance with this Act and the regulations.

(2) Without limiting the Chief Commissioner's powers to transfer a police officer, the Chief Commissioner may do any of the following—

(a) transfer a police officer on application or request under section 34;

(b) make a directed transfer under section 35;

(c) transfer a police officer under Division 6 of Part 4;

(d) transfer a police officer under Division 1 or 2 of Part 7.

34 Transfer on application or request

(1) The Chief Commissioner may transfer a police officer to another position at the same rank on application or request by the officer.

(2) In determining a transfer under this section, the Chief Commissioner—

(a) must have regard to the efficiency of the candidate for transfer; and

(b) if there is more than one candidate for transfer—

(ii) subject to subsection (3), must not have regard to their relative seniority.

S. 34(3) substituted by No. 54/2016 s. 7.

(3) The Chief Commissioner must have regard to the relative seniority of candidates for transfer to a position in the following ranks if the Chief Commissioner considers that the candidates are equally efficient—

(a) senior sergeant;

(b) sergeant;

(c) senior constable;

(d) constable, if the position is the position of constable (general duties).

(4) Subsection (2) does not apply to—

S. 34(4)(a) amended by No. 19/2016 s. 4.

(a) a transfer to a Metropolitan position of constable (general duties) or senior constable (general duties); or

(b) a transfer made under an expression of interest process agreed under an industrial instrument applying to police officers.

(5) The Chief Commissioner must cause notice of the selection of a police officer for transfer under this section to be published in the Police Gazette.

(6) This section does not apply to a Deputy Commissioner or an Assistant Commissioner.

35 Directed transfer of police officers

(1) The Chief Commissioner may immediately transfer a police officer to any part of the State if the Chief Commissioner considers it is reasonably necessary to do so for the provision of policing services.

(2) This section does not apply to a Deputy Commissioner or an Assistant Commissioner.

Division 6—Police recruits

36 Employment of police recruits

(1) The Chief Commissioner may employ as many police recruits as the Chief Commissioner considers necessary to meet the needs of Victoria Police.

(2) Subject to subsection (3), the Chief Commissioner may employ a person as a police recruit only if the person satisfies the prescribed criteria for employment as a police recruit.

(3) The Chief Commissioner, in exceptional circumstances, may waive any of the prescribed criteria for employment as a police recruit in any particular case.

(4) A police recruit is to be employed on the terms and conditions, and for the period, determined by the Chief Commissioner.

(5) The Chief Commissioner may terminate or extend the employment of a police recruit at any time.

Division 7—Protective services officers

S. 37 amended by Nos 29/2020 s. 5, 37/2022 s. 12(1)(2) (ILA s. 39B(1)), repealed by No. 55/2025 s. 107.

38 Appointment of protective services officers

(1) Subject to section 15, the Chief Commissioner may appoint a person as a protective services officer.

Section 15 enables the Governor in Council to determine the total number of protective services officers.

(2) Subject to subsection (3), the Chief Commissioner may appoint a person under this section only if the person satisfies the prescribed criteria for appointment.

(3) The Chief Commissioner, in exceptional circumstances, may waive any of the prescribed criteria for appointment in any particular case.

(4) An appointment under this section—

(a) may be on a full-time or part-time basis; and

(b) may be for a fixed term or on an ongoing basis.

(5) If there is a rank structure for protective services officers, the instrument of appointment must specify the rank at which the person is appointed.

(6) The Chief Commissioner may terminate the appointment of a protective services officer at any time before the protective services officer takes an oath or makes an affirmation under section 50.

(7) Subsection (6) does not limit any other power of the Chief Commissioner under this Act to dismiss or terminate the appointment of a protective services officer.

39 Probation for appointment

(1) The appointment of a person under section 38 is subject to an initial period of probation of 2 years.

(2) At the end of the initial period of probation, the appointment is confirmed unless, before that time, the Chief Commissioner—

(a) terminates the appointment under subsection (4); or

(3) At the end of a further period of probation under subsection (2)(b), the appointment is confirmed unless, before that time, the Chief Commissioner terminates the appointment under subsection (4).

(4) The Chief Commissioner may terminate an appointment under section 38 at any time during an initial or further period of probation.

(5) In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

S. 39(5)(d) substituted by No. 3/2019 s. 89(1).

40 Promotion of protective services officers

S. 40(1) amended by No. 55/2014 s. 182.

(1) If there is a rank structure for protective services officers, the Chief Commissioner may promote a protective services officer to a position at a higher rank in accordance with this Act and the regulations.

(2) In determining a promotion, the Chief Commissioner—

(a) must have regard to the efficiency of the candidate for promotion; and

(b) if there is more than one candidate for promotion—

(ii) must have regard to their relative seniority if the Chief Commissioner considers that they are equally efficient.

S. 40(2A) inserted by No. 44/2021 s. 36.

(2A) Subsection (2) does not apply to a promotion of a protective services officer who holds a position to the rank of protective services officer senior in the same position.

(3) The regulations may provide that subsection (2) does not apply to promotion to positions at a rank specified in the regulations.

(4) The Chief Commissioner must cause notice of the selection of a protective services officer for promotion to be published in the Police Gazette.

41 Probation for promotion

(1) A promotion is subject to an initial period of probation of one year.

(2) At the end of the initial period of probation, the promotion is confirmed unless, before that time, the Chief Commissioner—

S. 41(2)(a) amended by No. 37/2022 s. 13.

(a) disallows the promotion under subsection (4); or

(3) At the end of a further period of probation under subsection (2)(b), the promotion is confirmed unless, before that time, the Chief Commissioner disallows the promotion under subsection (4).

(4) The Chief Commissioner may disallow a promotion at any time during an initial or further period of probation.

(5) If a promotion is disallowed, from the time of the disallowance, the protective services officer's rank is the rank he or she held immediately before the promotion.

(6) In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

S. 41(6)(d) substituted by No. 3/2019 s. 89(1).

42 Transfer of protective services officers

(1) The Chief Commissioner may transfer a protective services officer in accordance with this Act and the regulations.

(2) Without limiting the Chief Commissioner's powers to transfer a protective services officer, the Chief Commissioner may do any of the following—

(a) transfer a protective services officer on application or request under section 43;

(b) make a directed transfer under section 44;

(c) transfer a protective services officer under Division 6 of Part 4;

(d) transfer a protective services officer under Division 1 or 2 of Part 7.

43 Transfer on application or request

(1) The Chief Commissioner may transfer a protective services officer to another position at the same rank on application or request by the officer.

(2) In determining a transfer under this section, the Chief Commissioner—

(a) must have regard to the efficiency of the candidate for transfer; and

(b) if there is more than one candidate for transfer—

(ii) must have regard to their relative seniority if the Chief Commissioner considers that they are equally efficient.

(3) Subsection (2) does not apply to—

(a) a transfer made under an expression of interest process agreed under an industrial instrument applying to protective services officers; or

(b) a transfer to a position at a rank specified in the regulations.

(4) The Chief Commissioner must cause notice of the selection of a protective services officer for transfer under this section to be published in the Police Gazette.

44 Directed transfer of protective services officers

The Chief Commissioner may immediately transfer a protective services officer to any part of the State if the Chief Commissioner considers it is reasonably necessary to do so for the provision of protective services.

S. 44A inserted by No. 44/2021 s. 37.

44A Validation of promotion of protective services officers to rank of protective services officer senior in the same position on or after 1 April 2020

(1) The promotion of a protective services officer to the rank of a protective services officer senior in the same position on or after 1 April 2020 and before the commencement day is as valid as it would have been had the amendments to section 40 made by section 36 of the amending Act been in operation at the time of the promotion.

amending Act means the Firearms and Other Acts Amendment Act 2021;

commencement day means the day on which Part 7 of the amending Act came into operation.

Division 8—Police reservists

45 Status of police reservists

A police reservist is taken to be a police officer for the purposes of the following provisions and Acts—

(a) Division 1 of this Part (Ranks, commissions and numbers);

(b) section 19 (Delegation by Chief Commissioner);

S. 45(c) amended by No. 6/2018 s. 68(Sch. 2 item 133.1).

(c) section 50 (Oath or affirmation of office);

(d) section 51(a) (Duties and powers of police officers at common law);

(e) section 53 (Proof of office);

(f) section 55 (Permanent cessation of powers);

(g) section 56 (Execution of process and warrants);

(h) section 62 (Determination of uniforms and other equipment and other standards);

(i) section 64 and Schedule 3 (Long service leave);

(j) Division 6 of Part 4 (Incapacity for duty);

(k) Division 7 of Part 4 (Protections);

(l) Division 8 of Part 4 (Liability for tortious conduct by police and protective services officers);

(m) Part 5 (Drug and alcohol testing);

(n) Part 7 (Discipline);

(o) Divisions 2 and 3 of Part 8 (Reviews);

(p) Part 9 (Complaints and investigations);

S. 45(q) amended by No. 2/2019 s. 89(Sch. 1 Pt D item 2(a)).

(q) Part 10 (Investigation of public interest complaints);

(r) section 252 (Bribery and corruption by police or protective services officers);

(s) section 254 (Failure to return Victoria Police identification or Victoria Police equipment);

(t) section 256 (Impersonating police or protective services officers);

(u) items 2.2, 2.11 and 2.13 of Schedule 5 (Subject matter for regulations);

(v) the Independent Broad-based Anti-corruption Commission Act 2011;

S. 45(w) amended by No. 2/2019 s. 89 (Sch. 1 Pt D item 2(b)).

(w) the Public Interest Disclosures Act 2012;

S. 45(x) amended by No. 31/2024 s. 113(Sch. 1 item 41.2).

(x) the Integrity Oversight Victoria Act 2011.

Section 104 of the Police Regulation (Pensions) Act 1958 contains certain qualifications for a person to continue as a police reservist.

46 Duty to act under direction and control

(1) A police reservist must perform his or her functions under the direction and control of the Chief Commissioner or of any other police officer or police reservist under whom he or she is placed by the Chief Commissioner.

(2) Nothing in this section affects or takes away from the application of section 51(a) to a police reservist.

47 Training

The Chief Commissioner may require a police reservist to attend a course of instruction and training specified by the Chief Commissioner.

48 Resignation

A police reservist may resign from office by giving written notice of not less than 7 days (or a shorter period agreed by the Chief Commissioner) to the Chief Commissioner.

49 Suspension and termination of appointment

The Chief Commissioner may suspend or terminate the appointment of a police reservist at any time.

Part 4—Police duties, powers, entitlements, protection and liability

Pt 4 Div. 1 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 133.2).

Division 1—Oath or affirmation of office

S. 50 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 133.3).

50 Oath or affirmation of office

(1) Before a police officer or protective services officer performs any duty or exercises any power as a police officer or protective services officer, he or she must take an oath of office or make an affirmation of office and subscribe that oath or affirmation.

(2) The oath or affirmation must be—

(a) in Form 1 in Schedule 2 for a police officer; or

(b) in Form 2 in Schedule 2 for a protective services officer.

(3) The oath or affirmation is to be administered by—

(a) a magistrate, in the case of the Chief Commissioner or a Deputy Commissioner; or

(b) a magistrate, the Chief Commissioner or a Deputy Commissioner, in the case of an Assistant Commissioner; or

(c) a magistrate, the Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner in any other case.

(4) If a person other than the Chief Commissioner administers the oath or affirmation, the person must forward the subscribed oath or affirmation to—

(a) the Minister, in the case of the oath or affirmation of the Chief Commissioner; or

(b) the Chief Commissioner, in any other case.

Division 2—General duties and powers

51 Duties and powers of police officers

A police officer who has taken and subscribed the oath or made and subscribed the affirmation under section 50 has—

(a) the duties and powers of a constable at common law; and

(b) any duties and powers imposed or conferred on a police officer by or under this or any other Act or by or under any subordinate instrument.

S. 52 amended by Nos 29/2020 s. 6, 53/2021 s. 35, 37/2022 s. 14, repealed by No. 55/2025 s. 108.

53 Proof of office

If a question arises as to a person's identity as a police officer or protective services officer, or to a person's entitlement to perform the duties or exercise the powers of a police officer or protective services officer—

(a) the common reputation of a person who is a police officer or protective services officer as being a police officer or protective services officer is evidence of that identity and entitlement; and

(b) the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the performance of the duties or exercise of the powers by a person who is a police officer or protective services officer.

54 Temporary cessation of powers during leave or secondment

(1) The Chief Commissioner may give a written notice under this subsection to a police officer—

(a) who is about to begin, or is on, a period of leave without pay of 28 days or more, other than excluded leave; or

(b) who is on secondment to any organisation or body.

(2) If the Chief Commissioner gives a notice to a police officer under subsection (1), section 51 does not apply to the officer while the notice has effect.

(3) A notice given to a police officer under subsection (1)—

(a) takes effect when the officer is given the notice or at the later time determined by the Chief Commissioner and specified in the notice; and

(b) unless cancelled earlier under subsection (5), has effect until the later of—

(i) the expiry of the period determined by the Chief Commissioner and specified in the notice; or

(ii) the registration of the officer on the Police Profession Register.

See Part 6 for registration on the Police Profession Register.

(4) While a notice given to a police officer under subsection (1) has effect—

(a) neither the Chief Commissioner nor any other police officer has authority to give the officer an instruction in respect of the officer's performance of his or her functions or duties; and

(b) the officer does not commit a breach of discipline by failing to comply with the Chief Commissioner's instructions.

(5) The Chief Commissioner may cancel a notice given to a police officer under subsection (1) at any time by giving written notice of cancellation to the officer.

(6) Nothing in this section affects the ability of the Chief Commissioner to end a police officer's secondment or leave without pay.

(7) A police officer who is given a notice under subsection (1) must, as soon as practicable, return any Victoria Police equipment and Victoria Police identification that is required by the Chief Commissioner to be returned under this subsection.

S. 54(8) def. of excluded leave amended by No. 3/2019 s. 89(2).

excluded leave means—

(a) parental leave; or

(b) compassionate leave; or

(c) study leave; or

(d) leave granted for the purposes of service with—

(i) an investigative agency other than Victoria Police; or

(ii) a professional association that represents police officers.

55 Permanent cessation of powers

(1) All powers of a person as a police officer immediately cease when he or she ceases to be a police officer.

A person would cease to be a police officer if his or her appointment is terminated during probation under section 28, if he or she resigns or retires under section 65 or 67 or if he or she is dismissed under section 70, 132 or 136.

(2) All powers of a person as a protective services officer immediately cease when he or she ceases to be a protective services officer.

A person would cease to be a protective services officer if his or her appointment is terminated during probation under section 39, if he or she resigns or retires under section 65 or 67 or if he or she is dismissed under section 70, 132 or 136.

Division 3—Specific duties and powers

56 Execution of process and warrants

(1) A police officer has a duty to execute—

(a) all process directed to him or her for the recovery of fines and other amounts; and

(b) all lawful summonses, warrants, orders and directions directed to him or her by a court or tribunal.

(2) Despite subsection (1), any process, summons, warrant, order or direction of a court or tribunal directed to a police officer may be executed by any other police officer, who has the same authority as if it had been directed to him or her.

(3) In this section—

court or tribunal includes—

(a) a board, commission or other body established by or under an Act; and

(b) a coroner; and

(c) a member, officer or member of staff of a court or tribunal (including of a person or body referred to in paragraph (a) or (b)).

57 Disposal of unclaimed property

(1) This section applies to any property that has come into the possession of a member of Victoria Police personnel in the performance of duties or exercise of powers as such a member.

(2) The property may be disposed of as follows—

(a) if the property is of a perishable nature, it may be disposed of if it is not claimed after reasonable inquiries as to ownership have been made; or

(b) if the property was left by a person imprisoned or detained in a police gaol under Part 3 of the Corrections Act 1986, it may be disposed of if it is not claimed within 12 months after being left; or

S. 57(2)(c) substituted by No. 39/2019 s. 13(1).

(c) if the property is found property, it may be disposed of if it is not claimed within a period determined by the Chief Commissioner of Police that is at least one month after coming into the possession of the member of Victoria Police personnel; or

S. 57(2)(d) inserted by No. 39/2019 s. 13(1).

(d) in any other case, the property may be disposed of if it is not claimed within 3 months after coming into the possession of the member of Victoria Police personnel.

(3) Disposal of unclaimed property is, at the direction of an authorised person, to be done by—

(a) sale by public auction; or

(b) destruction; or

(c) any other means (including sale not by public auction) that are approved by the Minister either in relation to particular property or generally in relation to particular kinds of property.

(4) If disposal is by sale by public auction, notice of the auction must be published in the Government Gazette before it takes place.

(5) The net proceeds of any sale under this section are to be paid into the Consolidated Fund.

(6) A sale under this section is valid against all persons.

(7) The Chief Commissioner may, in writing, authorise a person to direct the disposal of unclaimed property under this section.

S. 57(8) def. of authorised person amended by No. 39/2019 s. 13(2).

authorised person means—

(a) a commissioned officer; or

(b) a person authorised under subsection (7);

S. 57(8) def. of found property inserted by No. 39/2019 s. 13(3).

found property means property that is—

(a) lost or abandoned; and

(b) found by, or given to, a member of Victoria Police personnel.

58 Disputed property in possession of police

(1) This section applies to property (other than property seized under a warrant to seize property issued under section 73 of the Magistrates' Court Act 1989) that has come into the possession of a police officer—

(a) in the performance of his or her duties as a police officer; or

(b) in the exercise of his or her powers as a police officer.

(2) A police officer may apply to the Magistrates' Court for an order under this section if one or more persons claim an interest in the property that would entitle them to possession of the property.

(3) The police officer must give written notice of the application—

(a) to any person who claims an interest in the property that would entitle the person to possession of the property; and

(b) to any person to whom the Magistrates' Court requires the officer to give notice; and

(c) to any other person the officer reasonably believes has an interest in the property that would entitle the person to possession of the property.

(4) On application under this section, the Magistrates' Court may—

(a) decide who is entitled to possession of the property; and

(b) if the police officer is not entitled to possession of the property, order the police officer to deliver the property to the person who is entitled to possession of it.

(5) A person notified under subsection (3) and any other person who claims an interest that would entitle the person to possession of the property may appear and be heard at the hearing of the application.

(6) If a person who has been given notice under subsection (3) fails to attend the hearing, the hearing may be held in the person's absence.

(7) If a police officer complies with an order made under this section to deliver property to a person, proceedings cannot be brought against the officer or the State for recovery of the property or recovery of the value of the property.

(8) Subsection (7) does not affect any other rights or liabilities of any person who has or claims to have an interest in the property.

59 Assistance to coroners

A police officer may assist a coroner in the investigation of a death or fire under Part 4 of the Coroners Act 2008.

Note to s. 59 substituted by No. 26/2023 s. 15.

A police officer who has been nominated as a coronial investigator is required under section 15A of the Coroners Act 2008 to comply with the directions of a coroner in relation to a coronial investigation into a reportable death. See also section 36 of that Act which requires a police officer to give relevant information to a coroner in an investigation under Part 4 of that Act. In addition, section 60 of that Act provides for assistance by police officers in an inquest.

S. 59A inserted by No. 37/2022 s. 15.

59A Powers relating to police premises—requests and directions

(1) A police officer or protective services officer on duty may request a person who is on or in the vicinity of police premises to provide—

(a) the person's reason for being on or in the vicinity of police premises; and

(b) if the police officer or protective services officer considers that the reason provided is not a legitimate reason, the person's name and residential address.

(2) A police officer or protective services officer on duty may direct a person who is on or in the vicinity of police premises to leave or not to enter the police premises, if the police officer or protective services officer believes on reasonable grounds that—

(a) the person does not have a legitimate reason for being on or in the vicinity of police premises; and

(b) the direction is necessary—

(i) to preserve the peace; or

(ii) to maintain the security of the police premises.

(3) A direction given under subsection (2) may include a direction that the person not return to or enter the police premises for a period of not more than 7 days without the permission of a police officer or protective services officer on duty, unless—

(a) the person has a legitimate reason to return to or enter the police premises; or

(b) it is not practicable for the person to obtain the permission of a police officer or protective services officer on duty.

(4) A direction referred to in subsection (3) must be—

(a) given in writing to the person; or

(b) displayed in a conspicuous place on or in the vicinity of the police premises.

(5) Before exercising a power under this section, a police officer who is not in uniform must—

(a) inform the person of the police officer's name and position; and

(b) show evidence of the police officer's name and position.

(6) A person must not refuse or fail to comply with, or provide false or misleading information in response to, a request made under subsection (1).

(7) A person must not, without reasonable excuse, refuse or fail to comply with a direction given under subsection (2).

legitimate reason includes the following—

(a) seeking the assistance of a police officer or protective services officer;

(b) reporting the commission of an offence to a police officer or protective services officer;

(c) providing information to a police officer or protective services officer;

(d) attendance required by law.

S. 59B inserted by No. 37/2022 s. 15.

59B Powers relating to police premises—removal and arrest

(1) A police officer or protective services officer on duty may remove a person from or prevent a person from returning to police premises or the vicinity of police premises if—

(a) the person refuses or fails to comply with a direction given under section 59A(2); or

(b) the person hinders or obstructs the police officer or protective services officer in the exercise of a power under section 59A; or

(c) the person obstructs an entry to or exit from, or access to, the police premises; or

(d) the police officer or protective services officer believes on reasonable grounds that the person has committed an offence under this Act.

(2) A police officer or protective services officer on duty may arrest without warrant a person on or in the vicinity of police premises if—

(a) the person refuses or fails to comply with a direction given under section 59A(2); or

(b) the person hinders or obstructs the police officer or protective services officer in the exercise of a power under section 59A; or

(c) the police officer or protective services officer believes on reasonable grounds that the person has committed an offence under this Act.

(3) If a protective services officer arrests a person under subsection (2), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.

(4) A police officer or protective services officer on duty may use reasonable and necessary force in exercising a power under this section.

S. 59C inserted by No. 37/2022 s. 15.

59C Powers relating to police premises—certain rights not limited

The powers set out in sections 59A and 59B are not intended to limit—

(a) the right of peaceful assembly; or

(b) the right to take part in public life by means of lawful protest, advocacy or industrial action.

Pt 4 Div. 3A (Heading and ss 59D–59G) inserted by No. 55/2025 s. 101.

Division 3A—Transport of persons in transit states

S. 59D inserted by No. 55/2025 s. 101.

59D Object of Division

The object of this Division is to enable police officers to transport persons and exercise certain functions in a transit state.

S. 59E inserted by No. 55/2025 s. 101.

59E Application of Division

(1) If anything in this Division is inconsistent with an Act or law of a transit state in relation to the transport of persons in the transit state, the law of the transit state prevails to the extent of the inconsistency.

(2) Without limiting subsection (1), this Division does not limit the exercise of any function by a police officer under—

(a) this Act (other than this Division) or any other Act or law; or

(b) a law of another State or a Territory or the Commonwealth.

(3) Nothing in this Division applies to a police officer exercising a function—

(a) as a recognised law enforcement officer within the meaning of section 3 of the Police Act 1990 of New South Wales; or

(b) as a special constable within the meaning of section 3 of the Police Act 1998 of South Australia; or

(c) under any appointment, authorisation or recognition in a transit state; or

(d) in a prescribed capacity.

S. 59F inserted by No. 55/2025 s. 101.

59F When is a person in police custody, care or control?

(1) In this Division, a reference to police custody, care or control is a reference to the custody, care or control (as the case may be) of—

(a) a person who is in the legal custody of the Chief Commissioner under an Act; or

(b) a person who is in custody under the Crimes Act 1958; or

(c) a person who is in the care and control of a police officer under—

(i) the Mental Health and Wellbeing Act 2022; or

(ii) the Youth Justice Act 2024; or

(d) a child who is under the care of a police officer under the Children, Youth and Families Act 2005; or

(e) a person who has been apprehended by a police officer under—

(i) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(ii) the Disability Act 2006; or

(f) a person who is otherwise in—

(i) the physical or legal custody; or

(ii) the care or control—

of a police officer under an Act or a law; or

(g) a person in prescribed circumstances (if any).

(2) For the purposes of this Division, if a person who is in police custody, care or control is transported by a police officer under section 59G, the police custody, care or control of the person does not cease merely because the person is in a transit state.

S. 59G inserted by No. 55/2025 s. 101.

59G Transport of persons in transit state

(1) A police officer may transport a person in a transit state for a reason specified in subsection (2) if the transport of the person, whether by that police officer or another police officer, began in Victoria.

See subsection (3).

(2) For the purposes of subsection (1), the specified reasons are the following—

(a) to transit through the transit state to a destination in Victoria, if the police officer transporting the person considers that transiting through the transit state provides a safer or more direct route to the destination than other routes;

(b) to obtain medical care for the person, if the police officer transporting the person considers that—

(i) the person requires the medical care; and

(ii) it is necessary or convenient to obtain the medical care in the transit state;

(c) to exercise any of the following functions of the police officer—

(i) a function under Part 5.2 or 5.3 of the Mental Health and Wellbeing Act 2022;

(ii) in the case of a police officer who is a protective intervener within the meaning of section 3(1) of the Children, Youth and Families Act 2005, to place a person referred to in paragraph (b) of the definition of child in section 3(1) of that Act into emergency care in a transit state in accordance with that Act;

(iii) if the person is a child aged 10 or 11, to place the person into the care of—

(A) a suitable person under section 69(1) of the Youth Justice Act 2024 in a transit state; or

(B) if the person is unable to be placed into the care of a suitable person, an appropriate health or welfare agency under section 69(3) of that Act in a transit state;

(iv) if the person is subject to a non-custodial supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and has been apprehended by a police officer in Victoria, to take the person to an appropriate place within the meaning of that Act in a transit state;

(v) any other prescribed function;

(d) to return the person to Victoria from the transit state if an action or function referred to in paragraph (b) or (c)—

(i) has been completed or exercised; or

(ii) is unable to be continued or completed.

(3) Without limiting subsection (1), the transport of a person under that subsection is taken to begin in Victoria and continue without suspension or interruption, if the physical transport is suspended or interrupted—

(a) because the person is receiving medical care; or

(b) by the transfer by one police officer of the custody, care or control of the person to another police officer; or

(c) for any other reason, provided the person remains in police custody, care or control during that suspension or interruption; or

(d) in the prescribed circumstances (if any).

(4) If a person is being transported under subsection (1), a police officer may exercise a function referred to in subsection (2)(b) or (c) in relation to that person.

(5) For the purposes of this section, any function, obligation, responsibility and immunity under any Act or the common law which apply to a police officer on duty in Victoria apply to a police officer—

(a) who is—

(i) transporting a person under subsection (1); or

(ii) exercising a function under subsection (2)(b) or (c); or

(b) who is directing, supervising, accompanying or otherwise assisting another police officer who is—

(i) transporting a person under subsection (1); or

(ii) exercising a function under subsection (2)(b) or (c).

If the transport of a person began in Victoria under Part 5.3 of the Mental Health and Wellbeing Act 2022, a police officer may use bodily restraint on the person under section 250 of that Act for the purposes of transporting the person under subsection (1) or exercising a function under subsection (4).

(6) In subsection (5), a reference to any Act includes (but is not limited to) the following—

(a) the Victoria Police Act 2013;

(b) the Crimes Act 1958;

(c) the Youth Justice Act 2024;

(d) the Mental Health and Wellbeing Act 2022;

(e) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

(f) the Children, Youth and Families Act 2005;

(g) the Disability Act 2006;

(h) the Charter of Human Rights and Responsibilities Act 2006;

(i) any other prescribed Act.

(7) This section does not apply in the prescribed circumstances.

Pt 4 Div. 4 (Heading) amended by No. 2/2024 s. 43.

Division 4—Chief Commissioner's instructions, code of conduct and determinations

60 Chief Commissioner's instructions

(1) The Chief Commissioner may from time to time issue, amend and revoke instructions for the general administration of Victoria Police and for the effective and efficient conduct of the operations of Victoria Police.

(2) Without limiting the matters that may be contained in the Chief Commissioner's instructions, they may include—

(a) the specification of things (including uniforms) to be Victoria Police equipment for the purposes of this Act; and

(b) the specification of things to be Victoria Police identification for the purposes of this Act; and

(c) any other matters determined by the Chief Commissioner under section 62.

(3) The Chief Commissioner's instructions may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, authority or body whether—

(a) wholly or partially, or as amended by the instructions; or

(b) as formulated, issued, prescribed or published at the time the instructions are issued or at any time before the instructions are issued; or

(c) as amended from time to time.

(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.

Non-compliance can constitute a breach of discipline—see section 125(1)(c).

S. 61A inserted by No. 2/2024 s. 44.

61A Code of conduct

S. 61A(1) amended by No. 55/2025 s. 115(1).

(1) Subject to subsection (1A), the Chief Commissioner may issue a code setting out the conduct required of members of Victoria Police personnel at all times.

S. 61A(1A) inserted by No. 55/2025 s. 115(2).

(1A) Before issuing a code of conduct, the Chief Commissioner must—

(a) consult with the Minister on the contents of the proposed code of conduct; and

(b) consider any advice or opinion given by the Minister during the consultation.

(2) The Chief Commissioner may amend or revoke a code issued under subsection (1).

(3) The Chief Commissioner must publish the code of conduct on an Internet site maintained by Victoria Police.

S. 61B inserted by No. 2/2024 s. 44.

61B Personnel to comply with the code of conduct

All members of Victoria Police personnel must comply with the code of conduct.

Non‑compliance can constitute a breach of discipline—see section 125(1)(ca).

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—

(i) differ based on sex, gender identity, physical features or religious belief or activity; and

(ii) provide for exceptions based on genuine medical, cultural or religious grounds.

acceptable clothing accessories includes but is not limited to, jewellery, headgear, sunglasses and makeup.

Division 5—General employment matters

63 Training courses

(1) The Chief Commissioner may make an agreement with a police officer or protective services officer for the officer to undertake a training course and may require him or her to give a surety for compliance with the agreement.

(2) Any agreement made under subsection (1) by the Chief Commissioner with a Deputy Commissioner must be approved by the Governor in Council before it can take effect.

64 Long service leave

A police officer or protective services officer is entitled to long service leave in accordance with Schedule 3.

65 Resignation and retirement

(1) A police officer or protective services officer may resign or retire from Victoria Police by giving written notice of not less than 4 weeks (or a shorter period agreed by the Chief Commissioner) to the Chief Commissioner.

(2) This section does not apply to the Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner.

Schedule 1 contains provisions for resignation and retirement by the Chief Commissioner, Deputy Commissioners and Assistant Commissioners.

66 Abandonment of appointment

A police officer or protective services officer who is absent from duty without authorisation or lawful reason for more than one calendar month is taken to have abandoned his or her appointment as a police officer or protective services officer.

The powers of a police officer or protective services officer immediately cease on abandonment of appointment—see section 55.

67 Ill-health retirement

(1) The Chief Commissioner may at any time on his or her own motion, or at the request of a police officer or protective services officer, inquire into the physical or mental fitness and capacity of the officer to perform his or her duties.

(2) For the purposes of an inquiry, the Chief Commissioner may—

(a) require the police officer or protective services officer to be examined by—

(i) the Police Medical Officer; or

(ii) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) nominated by the Chief Commissioner; and

S. 67(2)(ab) inserted by No. 45/2017 s. 60(1).

(ab) require the police officer or protective services officer to be examined by a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student) nominated by the Chief Commissioner; and

S. 67(2)(b) amended by No. 45/2017 s. 60(2).

(b) require the person conducting the examination under paragraph (a) or (ab) to give a medical report of the examination to the police officer or protective services officer and the Chief Commissioner.

(3) If, after considering the medical report (if any) under section (2)(b), the Chief Commissioner considers that the police officer or protective services officer is physically or mentally incapable of performing his or her duties, the Chief Commissioner may give a notice to the officer stating—

(a) that the Chief Commissioner is considering taking action to retire the officer; and

(b) the grounds on which the Chief Commissioner believes that the officer is physically or mentally incapable of performing his or her duties; and

(c) that the officer may make written submissions to the Chief Commissioner on the matter within 21 days after receiving the notice.

(4) If the police officer or protective services officer makes any written submissions within 21 days after receiving the notice, or within a later period allowed by the Chief Commissioner, the Chief Commissioner must consider those submissions.

(5) After complying with subsections (3) and (4), if the Chief Commissioner is satisfied that the police officer or protective services officer is physically or mentally incapable of performing his or her duties, the Chief Commissioner, by written notice, may cause the officer to be retired.

(6) A notice under subsection (5) must state the grounds on which the Chief Commissioner is satisfied that the police officer or protective services officer is physically or mentally incapable of performing his or her duties.

Division 6—Incapacity for duty

68 Definitions

incapacity includes—

(a) lack of aptitude; and

(b) inefficiency; and

(c) lack of competence or ability;

notice of incapacity means a notice given under section 69;

remedial action means any action or process of a remedial nature (other than dismissal) taken or undertaken in relation to the performance of a police officer or protective services officer, including—

(a) the imposition of a remedial plan; and

(b) the amendment of an existing remedial plan; and

(c) transfer of the officer to other duties.

(2) In this Division, a reference to a police officer or protective services officer being incapable of performing his or her duties as a police officer or protective services officer includes—

(a) the officer displaying a lack of aptitude for the performance of those duties; and

(b) the officer being inefficient in the performance of those duties; and

(c) the officer displaying a lack of competence or ability to meet the inherent requirements of those duties.

69 Notice of incapacity

(1) The Chief Commissioner may give a written notice under this section to a police officer or protective services officer if the Chief Commissioner reasonably believes that—

(a) the officer is incapable of performing his or her duties as a police officer or protective services officer; and

(b) the incapacity is not caused by any physical or mental impairment; and

(c) the incapacity has been the subject of remedial action which has not resolved the matter.

(2) A notice of incapacity must state—

(a) that the Chief Commissioner is considering taking any of the following actions, as specified in the notice—

(i) transferring the police officer or protective services officer to other duties that the Chief Commissioner believes are within the officer's capacity; or

(ii) reducing the officer's rank or seniority; or

(iii) both actions specified in subparagraphs (i) and (ii); or

(iv) dismissing the officer; and

(b) the grounds on which the Chief Commissioner believes that the officer is incapable of performing his or her duties; and

(c) that the officer may make written submissions to the Chief Commissioner on the matter within 21 days after receiving the notice.

70 Determination of incapacity

(1) This section applies if—

(a) a notice of incapacity has been given to a police officer or protective services officer; and

(b) the Chief Commissioner has considered any written submissions made, within 21 days after receipt of the notice, by the officer; and

(c) the Chief Commissioner is satisfied that the officer is incapable of performing his or her duties.

(2) The Chief Commissioner may, by written notice to the police officer or protective services officer—

(a) transfer the officer to other duties that the Chief Commissioner believes are within the officer's capacity; or

(b) reduce the officer's rank or seniority; or

(c) take both actions specified in paragraphs (a) and (b); or

(d) dismiss the officer.

(3) A notice under subsection (2) must state the grounds on which the Chief Commissioner is satisfied that the officer is incapable of performing his or her duties.

(4) If the Chief Commissioner reduces the officer's rank under subsection (2)(b) or (c), the Chief Commissioner must determine the officer's seniority in relation to other officers of the rank to which the officer has been reduced.

This Division does not apply to Assistant Commissioners—see clause 13 of Part 3 of Schedule 1.

Division 7—Protections

71 Protection of people executing warrants

(1) This section applies in relation to a warrant issued by—

(a) the Magistrates' Court; or

(b) a magistrate; or

(c) a registrar of the Magistrates' Court; or

(d) a board, tribunal, commission or other body (whether constituted by one person or more than one person) established by or under an Act; or

(e) a member of a board, tribunal, commission or other body referred to in paragraph (d); or

(f) an officer of a board, tribunal, commission or other body referred to in paragraph (d).

(2) Proceedings cannot be brought against a protected person for anything done or purportedly done in the course of executing a warrant until—

(a) a written demand to inspect and obtain a copy of the warrant, signed by the person intending to bring the action, has been made to the protected person either in person or by being left at the protected person's usual place of residence or work; and

(b) the first of the following occurs—

(i) the demand is complied with; or

(ii) the demand is refused; or

(iii) 6 days pass after the day on which the demand was made.

(3) In proceedings brought against a protected person for anything done or purportedly done in the course of executing a warrant, the protected person is not to be held liable merely because—

(a) there was an irregularity or defect in the issuing of the warrant; or

(b) the person who issued the warrant lacked the jurisdiction to do so.

(4) The court must dismiss the proceedings with costs if the protected person—

(a) produces the warrant; and

(b) proves that—

(i) the signature on the warrant is that of the person whose signature it purports to be (the issuer); and

(ii) the issuer has the reputation of being, and acts as, a person who has the jurisdiction to issue the warrant; and

(iii) the act complained of was done in the course of executing the warrant.

(5) Subsections (3) and (4) apply whether or not the proceedings are brought jointly against the protected person and the person who issued the warrant.

(6) In this section—

protected person means—

(a) a police officer or protective services officer; or

(b) a person acting at the direction of a police officer or protective services officer; or

(c) a person assisting a police officer or protective services officer.

Division 8—Liability for tortious conduct by police and protective services officers

72 What is a police tort?

(1) For the purposes of this Act, a police tort is a tort committed by a police officer or protective services officer in the performance or purported performance of the officer's duties.

(2) For the purposes of subsection (1), a tort includes—

S. 72(2)(a) amended by No. 2/2019 s. 81(1).

(a) detrimental action (within the meaning of the Public Interest Disclosures Act 2012) taken by a police officer or protective services officer in reprisal for a disclosure to which Part 6 of that Act applies; and

Note to s. 72(2)(a) inserted by No. 2/2019 s. 81(2).

The disclosures to which Part 6 of the Public Interest Disclosures Act 2012 applies include a complaint by a police officer or protective services officer about the conduct of another police officer or protective services officer made under section 167(3).

(b) any other prescribed action or conduct.

(3) To avoid doubt, subsection (2) does not limit what is a tort for the purposes of subsection (1).

(4) For the purposes of subsection (1), it is irrelevant whether the tort is committed by the police officer or protective services officer alone or jointly or severally with any other person.

73 What is a police tort claim?

(1) For the purposes of this Act, a police tort claim is a claim for damages or other relief in respect of an alleged police tort.

(2) A police tort claim includes—

(a) an action for damages under Part III of the Wrongs Act 1958 in respect of an alleged police tort; and

(b) a counterclaim for damages or other relief in respect of an alleged police tort committed by a police officer or protective services officer that is made by a person in a legal proceeding brought by the officer against that person; and

(c) any other prescribed action, claim or proceeding in respect of an alleged police tort.

(3) To avoid doubt, subsection (2) does not limit what is a police tort claim.

74 Liability of the State for police torts

(1) Subject to this section, the State is liable for a police tort.

S. 74(2) amended by No. 12/2017 s. 4(1).

(2) Subject to subsection (5), the State is not liable for a police tort if the State establishes on a police tort claim that the conduct giving rise to the police tort was serious and wilful misconduct by the police officer or protective services officer who committed the police tort.

(3) If a police officer or protective services officer commits a police tort for which the State is liable, the officer—

(a) is not liable to any person for the police tort; and

(b) is not liable to indemnify, or to pay any contribution to, the State in respect of the liability incurred by the State.

S. 74(4) amended by No. 12/2017 s. 4(2).

(4) Subject to subsection (5), the State is not liable for a tort committed by a police officer or protective services officer that is not a police tort.

S. 74(5) inserted by No. 12/2017 s. 4(3).

(5) Subsections (2) and (4) do not apply to a claim brought in reliance on Part XIII of the Wrongs Act 1958.

Note to s. 74 inserted by No. 54/2016 s. 8.

See Part II of the Crown Proceedings Act 1958 for the liability of the State for torts committed by servants of the Crown. The public service of Victoria consists of persons employed under Part 3 of the Public Administration Act 2004—see section 9 of that Act. Victoria Police employees (including police custody officers) are employed under Part 3 of the Public Administration Act 2004.

75 How can police tort claims be made?

(1) Except as otherwise provided by this Division, if a person wishes to make a police tort claim, the person must make it against the State and not against the police officer or protective services officer who allegedly committed the police tort.

(2) A person who makes a police tort claim (other than a counterclaim) against the State may seek to have the police officer or protective services officer who allegedly committed the police tort joined to the proceeding only if the State pleads in its defence to the claim that—

(a) the State would not be liable for the alleged tort, if proven, because of section 74(2); or

(b) the alleged tort, if proven, would not be a police tort.

(3) If the court permits the person to have the police officer or protective services officer joined—

(a) the person is not required to file a new originating process, but may instead amend the existing originating process; and

(b) the court may make any orders it considers appropriate to enable the existing originating process to be amended.

(4) Nothing in the Limitation of Actions Act 1958 prevents the making of a claim in the amended originating process against the police officer or protective services officer in respect of the alleged tort if the amendment to the originating process is made within 2 months after the State's defence is served on the person making the claim.

76 Counterclaims

(1) This section applies to a counterclaim for damages or other relief in respect of an alleged police tort committed by a police officer or protective services officer that is made by a person in a legal proceeding brought by the officer against that person.

(2) The person may seek to have the State joined to the proceeding.

(3) Nothing in this section prevents the State from pleading in its defence to the counterclaim that—

(a) the State would not be liable for the alleged tort, if proven, because of section 74(2); or

(b) the alleged tort, if proven, would not be a police tort.

77 Time for serving State's defence

(1) For the purposes of serving a defence referred to in section 75(2) or 76(3), if, apart from this section, the State would be required to serve the defence within a specified period other than 60 days, that requirement is to apply as if the specified period were 60 days.

(2) Despite subsection (1), the court in which the police tort claim is made may extend the time by which the State is required to serve its defence.

78 Costs in police tort claims

If the court finds on a police tort claim that the State is not liable for a police tort because of section 74(2), the State is not entitled to recover any costs from, or to be awarded any costs against, the person who made the claim or the police officer or protective services officer who committed the police tort.

Section 74(2) provides that the State is not liable if it establishes on a police tort claim that the conduct giving rise to the police tort was serious and wilful misconduct by the police officer or protective services officer who committed the police tort.

79 Payments by the State if police or protective services officer liable

(1) This section applies if, on a police tort claim, a person (the claimant) is awarded damages against a police officer or protective services officer in respect of a police tort committed by the officer.

(2) The Minister, on behalf of the State, must pay an amount to the claimant, not exceeding the amount of damages and any costs ordered to be paid to the claimant, if the Minister is satisfied that—

(a) the claimant is unlikely to recover the amount from the officer who committed the police tort; and

(b) the claimant has exhausted all other avenues to recover the amount.

The amount may be recoverable by the claimant from a co-defendant or an insurer.

80 Division does not affect certain claims and proceedings

Nothing in this Division—

(a) prevents a person from bringing legal proceedings, or claiming damages or other relief in any legal proceeding, against another person who is not a police officer or protective services officer but who is jointly or severally liable for a police tort; or

(b) prevents a person from bringing legal proceedings, or claiming damages or other relief in any legal proceeding, against a police officer or protective services officer in respect of an alleged tort that is not a police tort.

81 Effect of Division on other laws

(1) This Division has effect despite any other law or any rule of a court.

(2) However, nothing in this Division affects the operation of the Limitation of Actions Act 1958 except as provided by section 75(4).

S. 81(3) inserted by No. 12/2017 s. 4(4).

(3) Nothing in this Division affects the operation of Part XIII of the Wrongs Act 1958.

Division 1—Introduction

82 Definitions

approved health professional has the same meaning as in the Road Safety Act 1986;

critical incident means—

(a) an incident involving the discharge of a firearm by a member of Victoria Police personnel while the member is on duty; or

(b) an incident involving a member of Victoria Police personnel while the member is on duty which—

(i) results in the death of, or serious injury to, a person; and

(ii) also involves any one or more of the following—

(A) the use of force by the member;

(B) the use of a motor vehicle by the member (including as a passenger) in the course of the member's duty;

(C) the death of, or serious injury to, a person while that person is in the custody of the member;

designated work function means a work function determined under section 83(2) to be a designated work function;

designated work unit means a work unit determined under section 83(1) to be a designated work unit;

S. 82 def. of drug of dependence repealed by No. 59/2015 s. 4.

random selection means the selection of a person from a pool of persons entirely by chance so that each person in the pool has the same probability of being chosen as any other person in the pool;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b) in the registered nurses division for that profession;

rostered off has the meaning given in section 84;

rostered on has the meaning given in section 84;

serious injury includes an injury that—

(a) is life threatening; or

(b) is likely to result in permanent impairment; or

(c) is likely to require long-term rehabilitation; or

(d) is, in the opinion of the Chief Commissioner, of such nature, or occurred in such circumstances, that the infliction of it is likely to bring Victoria Police into disrepute or diminish public confidence in Victoria Police;

testing direction means a direction to a person to do one or more of the following for the purpose of testing for the presence of alcohol or a drug of dependence—

(a) give a sample of breath;

(b) give a sample of urine;

(c) give a sample of hair;

(d) give a sample of oral fluid;

(e) give a buccal swab;

(f) allow either of the following to take a sample of the person's blood—

(i) a registered medical practitioner;

(ii) an approved health professional.

83 Designated work units and designated work functions

(1) The Chief Commissioner or a Deputy Commissioner, by instrument, may from time to time determine that a work unit within Victoria Police is a designated work unit for the purposes of this Part.

(2) The Chief Commissioner or a Deputy Commissioner, by instrument, may from time to time determine that a work function carried out by members of Victoria Police personnel in the course of duty or in the performance of their duties is a designated work function for the purposes of this Part.

84 Meaning of *rostered* *on* and *rostered* *off*

For the purposes of this Part, a member of Victoria Police personnel—

(a) is rostered on when he or she—

(i) has reported, or is required to report, for work in accordance with a roster; or

(ii) is working a period of overtime in accordance with an industrial instrument applying to the member; and

(b) is rostered off at all other times.

Division 2—Critical incident testing

85 Persons subject to critical incident testing

This Division applies to members of Victoria Police personnel whether they are rostered on or rostered off.

86 Critical incident testing

(1) The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to a person to whom this Division applies if the conditions in subsection (3) are satisfied.

(2) The Chief Commissioner may direct a registered medical practitioner or registered nurse to take a sample of blood for analysis for the purpose of testing for the presence of alcohol or a drug of dependence from a person to whom this Division applies if—

(a) the person is unconscious or would be otherwise unable to comply with a testing direction given under subsection (1); and

(b) the conditions in subsection (3) are satisfied.

(3) The conditions are that—

(a) the Chief Commissioner reasonably believes that the person has been involved in a critical incident (whether or not the person was physically present at the place where the critical incident occurred); and

(b) the direction is given—

(i) in the case of a critical incident referred to in paragraph (b)(ii)(B) of the definition of critical incident in section 82—within 3 hours after the critical incident occurred; or

(ii) in the case of any other critical incident—within a reasonable time after the critical incident occurred.

87 Samples taken where person is unconscious etc.

(1) If a sample of the person's blood is taken in the circumstances referred to in section 86(2), the Chief Commissioner must, on the person regaining consciousness or otherwise becoming able to comply with a testing direction that could have been given to him or her under section 86(1), advise the person—

(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 refusal to consent to the use of the evidence—

(i) if the person is a police officer or protective services officer—constitutes a breach of discipline; or

(ii) if the person is a police recruit—may be taken into account in the management of the person's performance of his or her duties; or

(iii) if the person is a Victoria Police employee—may be taken into account in a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct.

(2) Evidence derived from a sample obtained in accordance with a direction under section 86(2) must be destroyed if the person from whom the sample was taken refused to consent under subsection (1) to the use of the evidence.

(3) The Chief Commissioner must cause a sample taken under section 86(2) in respect of which consent is refused under subsection (1) to be destroyed.

Division 3—Targeted testing

88 Targeted testing—Victoria Police personnel (other than Victoria Police employees)

(1) This section applies to members of Victoria Police personnel who are rostered on, other than Victoria Police employees.

(2) Subject to subsection (4), the Chief Commissioner may give a testing direction to a person specified in subsection (1) if—

(a) the Chief Commissioner reasonably suspects that the person has consumed alcohol or a drug of dependence; and

(b) because of that suspicion, the Chief Commissioner reasonably believes that the person ought to be tested for the good order and discipline of Victoria Police.

(3) Subject to subsection (4), the Chief Commissioner may give a testing direction to a person specified in subsection (1) if the Chief Commissioner reasonably believes that the person appears to be unfit for work because he or she has consumed alcohol or a drug of dependence.

(4) The Chief Commissioner may give a person who has been required under section 89 to report for work a testing direction only for the purpose of testing for the presence of a drug of dependence.

89 Persons may be rostered on for the purposes of section 88(2)

(1) The Chief Commissioner may require a person to whom section 88(2) applies who is rostered off to report for work for the purpose of giving that person a testing direction under that section.

(2) A person who has been required under subsection (1) to report for work is taken to be rostered on for the purposes of this Division.

(3) A person who has been required under subsection (1) to report for work must be accompanied by a police officer to the place where the person will undergo testing for the presence of a drug of dependence.

(4) A person who has been required under subsection (1) to report for work must not refuse or fail to accompany the police officer to the place where the person will undergo testing for the presence of a drug of dependence without reasonable excuse.

(5) If a person who has been required under subsection (1) to report for work refuses or fails to accompany the police officer to the place where the person will undergo testing for the presence of a drug of dependence because he or she is ill, the person must provide—

(a) if a form is prescribed for the purposes of this section—a copy of the prescribed form signed by a registered medical practitioner stating the testing would be prejudicial to the person's care and treatment; or

(b) if no form is prescribed for the purposes of this section—a certificate signed by a registered medical practitioner stating the testing would be prejudicial to the person's care and treatment.

S. 89A (Heading) amended by No. 45/2017 s. 42(1).

S. 89A inserted by No. 59/2015 s. 5.

89A Targeted testing—police custody officer supervisors and police custody officers

S. 89A(1) amended by No. 45/2017 s. 42(2).

(1) This section applies to police custody officer supervisors and police custody officers who are rostered on.

(2) The Chief Commissioner may give a testing direction to a person specified in subsection (1) if—

(a) the Chief Commissioner reasonably suspects that the person has consumed alcohol or a drug of dependence; and

(b) because of that suspicion, the Chief Commissioner reasonably believes that the person ought to be tested for the good order and discipline of Victoria Police.

(3) The Chief Commissioner may give a testing direction to a person specified in subsection (1) if the Chief Commissioner reasonably believes that the person appears to be unfit for work because the person has consumed alcohol or a drug of dependence.

90 Targeted testing—certain Victoria Police employees

(1) This section applies to Victoria Police employees who are rostered on and who—

(a) work in a designated work unit; or

(b) carry out a designated work function in the course of their duty or in the performance of their duties.

(2) The Chief Commissioner may give a testing direction to a person specified in subsection (1) if the Chief Commissioner reasonably believes that the person appears to be unfit for work because he or she has consumed alcohol or a drug of dependence.

Division 4—Designated work unit testing and designated work function testing

91 Persons subject to designated work unit testing or designated work function testing

This Division applies to members of Victoria Police personnel who are rostered on and who—

(a) work in a designated work unit; or

(b) carry out a designated work function in the course of their duty or in the performance of their duties.

92 Designated work unit testing

The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to a person to whom this Division applies who works in a designated work unit if—

(a) the Chief Commissioner gives a direction to every person who is rostered on and who works in that designated work unit; or

(b) two or more persons have been chosen for testing by random selection from the persons who are rostered on and who work in the same designated work unit.

93 Designated work function testing

The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to a person to whom this Division applies who carries out a designated work function in the course of his or her duty or in the performance of his or her duties if—

(a) the Chief Commissioner gives a direction to every person who is rostered on and who carries out that designated work function in the course of their duty or in the performance of their duties; or

(b) two or more persons have been chosen for testing by random selection from the persons who are rostered on and who carry out the same designated function in the course of their duty or in the performance of their duties.

Division 5—Random testing

94 Persons subject to random testing

S. 94 amended by No. 59/2015 s. 6 (ILA s. 39B(1)).

(1) This Division applies to members of Victoria Police personnel who are rostered on, other than Victoria Police employees.

S. 94(2) inserted by No. 59/2015 s. 6, amended by No. 45/2017 s. 43.

(2) Despite subsection (1), this Division applies to police custody officer supervisors and police custody officers.

S. 95 amended by No. 37/2022 s. 16(1)(2) (ILA s. 39B(1)).

95 Random testing

(1) The Chief Commissioner may give a testing direction (other than a direction to give a sample of hair) to one or more persons to whom this Division applies if the person or persons have been chosen by random selection.

S. 95(2) inserted by No. 37/2022 s. 16(2).

(2) For the purposes of subsection (1), the Chief Commissioner may select a workplace or work unit within Victoria Police from which to choose by random selection one or more persons to whom this Division applies.

Division 6—Use of test results

96 Chief Commissioner may have regard to evidence in certain circumstances

(1) The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction (other than a testing direction given under section 88(2))—

(a) in managing the person's performance of his or her duties in relation to the consumption of drugs or alcohol; or

(b) if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Division 6 of Part 4, Part 7, Part 9 or Part 10 in respect of the person; or

(c) if the person is a special constable—in conducting an investigation under section 195 in respect of the person; or

(d) if the person is a Victoria Police employee—in relation to the making of a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or

S. 96(1)(da) inserted by No. 37/2022 s. 17(1).

(da) if the person is a police recruit—in determining whether to terminate or extend the person's employment under section 36(5); or

S. 96(1)(db) inserted by No. 37/2022 s. 17(1).

(db) if the person is a protective services officer—in determining whether to terminate the person's appointment under section 38(6); or

(e) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (b), (c) or (d).

(2) The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction given under section 88(2)—

(a) if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Part 7, Part 9 or Part 10 in respect of the person; or

(b) if the person is a special constable—in conducting an investigation under section 195 in respect of the person; or

S. 96(2)(ba) inserted by No. 37/2022 s. 17(2).

(ba) if the person is a police recruit—in determining whether to terminate or extend the person's employment under section 36(5); or

S. 96(2)(bb) inserted by No. 37/2022 s. 17(2).

(bb) if the person is a protective services officer—in determining whether to terminate the person's appointment under section 38(6); or

(c) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (a) or (b).

(3) To avoid doubt, subsections (1) and (2) apply to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous management of the person's performance, inquiry, investigation, determination or proceeding of a kind referred to in subsection (1) or (2) (as the case requires).

97 Admissibility of test results in certain proceedings

(1) Evidence derived from a sample obtained in accordance with a testing direction 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

(b) in a prosecution under the Occupational Health and Safety Act 2004 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the occurrence of the act, matter or thing constituting the offence in respect of which the prosecution is brought; or

(c) in a proceeding arising out of, or connected with—

(i) an inquiry or investigation of a police officer (other than a special constable) or a protective services officer under section 67, Division 6 of Part 4, Part 7, Part 9 or Part 10; or

(ii) an investigation of a special constable under section 195; or

(iii) a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether a Victoria Police employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or

(d) in an investigation by the IBAC or a proceeding arising out of, or connected with, an investigation by the IBAC that relates to a member of Victoria Police personnel; or

(e) in a proceeding arising out of, or connected with, a critical incident (including a police tort claim).

(3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with section 86(2) if the person from whom the sample was taken refuses or has refused to consent to the use of the evidence.

(4) To avoid doubt, subsection (2) applies to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous inquiry, investigation, determination or proceeding of a kind referred to in subsection (2).

proceeding includes a coronial inquest or inquiry.

98 Confidentiality of test results

The Chief Commissioner must ensure that the result of any test conducted in accordance with a testing direction given under this Part is handled in accordance with the regulations.

Section 232 provides that it is an offence to disclose identifying information in relation to drug and alcohol testing.

Division 7—General

99 Requirement to comply with testing direction

A member of Victoria Police personnel must comply with a testing direction given to him or her by the Chief Commissioner in accordance with this Part.

100 Offence to tamper with a sample

(1) A person must not, without reasonable excuse, do any of the following to a sample obtained in accordance with a testing direction made under this Part—

(a) interfere or tamper, or attempt to interfere or tamper, with that sample; or

(b) substitute, or attempt to substitute, another sample for that sample; or

(c) pass off, or attempt to pass off, another sample for that sample.

See section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.

(2) Without limiting the operation of subsection (1), interfering or tampering with a sample includes—

(a) improperly processing a sample for the purpose of falsifying test results; or

(b) diluting or adulterating a sample.

101 Limitation of liability for registered medical practitioners etc.

Neither of the following persons is liable for anything properly and necessarily done in the course of taking any sample which he or she reasonably believes was required or allowed to be taken from any person under this Part—

(a) a registered medical practitioner;

(b) an approved health professional.

102 Operation of the Road Safety Act 1986

Nothing in this Part affects the operation of Part 5 of the Road Safety Act 1986.

Part 6—Police registration

Division 1—Registration

103 Qualifications for registration

A person is qualified for registration under this Part if the person—

(a) is of good character and reputation; and

(b) has any qualifications and experience prescribed by the regulations for registration at a specified rank; and

S. 103(c) amended by No. 54/2016 s. 9.

(c) has the capabilities required to perform as a police officer at a specified rank.

104 Application for registration

(1) A person may apply to the PRS Board for registration under this Part if the person is—

(a) a police officer who is absent on secondment to another body or institution or on leave without pay; or

(b) a former police officer, other than a former police officer who has been dismissed from Victoria Police.

Applications should be made to the Registration Division of the PRS Board, which performs the PRS Board's registration functions (see sections 202(1)(a) and 203(a)).

(2) An application must—

(a) be made in writing in the form approved by the PRS Board; and

(b) contain the information required by the PRS Board; and

(c) be accompanied by—

(i) evidence of the qualifications and experience that the applicant claims qualifies himself or herself to registration at a specified rank; and

(ii) the prescribed application fee.

(3) A function of the PRS Board under subsection (2)(a) and (b) may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

105 Registration

(1) The PRS Board may register an applicant if satisfied that the applicant is qualified for registration.

(2) The PRS Board may register an applicant subject to any conditions that the PRS Board considers appropriate.

(3) The PRS Board cannot refuse to register an applicant, or register an applicant subject to conditions, unless the PRS Board has—

(a) informed the applicant of the PRS Board's intention to do so; and

(b) given the applicant a reasonable opportunity to make submissions to the PRS Board; and

(c) taken any submissions made by the applicant into account.

(4) If the PRS Board registers an applicant, the PRS Board must—

(a) enter details of the registration in the Police Profession Register; and

(b) give the applicant a certificate of registration that includes—

(i) the applicant's name; and

(ii) the date on which the applicant was registered; and

(iii) the rank at which the applicant is registered; and

(iv) any conditions to which the registration is subject; and

(v) any prescribed information.

(5) The PRS Board must notify the applicant in writing of its decision on the application.

(6) If the PRS Board refuses to register an applicant, or registers an applicant subject to conditions, the notification under subsection (5) must include the reasons for the PRS Board's decision.

(7) A function of the PRS Board under this section may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

106 Commencement and duration of registration

(1) Registration of a person under this Part takes effect when the PRS Board enters the details of the registration in the Police Profession Register.

(2) Registration of a person under this Part remains in force until the earlier of—

(a) the expiry of the period determined by the PRS Board and specified in the certificate of registration; or

(b) the appointment of the person as a police officer or the person's return to duty as a police officer (as the case requires); or

(c) the cancellation of the person's registration.

Division 2—Renewal of registration

107 Board must notify person when registration about to expire

(1) The PRS Board must notify a person who is registered under this Part, in writing at least 2 months before the day on which the person's registration is due to expire—

(a) that the person's registration is due to expire; and

(b) that the person may apply to have their registration renewed; and

(c) of the date on which the person's registration will expire.

(2) A function of the PRS Board under this section may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

108 Application for renewal of registration

(1) A person who is registered under this Part may apply to the PRS Board for renewal of registration.

Applications are to be made to the Registration Division of the PRS Board, which performs the PRS Board's registration functions (see sections 202(1)(a) and 203(a)).

(2) An application for renewal must—

(a) be in writing in the form approved by the PRS Board; and

(b) contain the information required by the PRS Board; and

(c) be accompanied by satisfactory evidence of—

(i) the applicant's good character and reputation; and

(ii) the applicant's qualifications and experience prescribed by the regulations for registration at a specified rank; and

(iii) the applicant's aptitude and efficiency required to perform as a police officer at a specified rank; and

(d) be accompanied by the prescribed fee.

(3) If the PRS Board has not decided a person's application for renewal of registration before the date that the registration would expire (but for this subsection), the registration continues until the later of—

(a) the time when the PRS Board renews the person's registration; or

(b) the time when the PRS Board gives the person a notice of its refusal to renew the person's registration.

(4) A function of the PRS Board under subsection (2)(a) and (b) may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

109 Renewal of registration

(1) The PRS Board may renew a person's registration under this Part if it is satisfied that the applicant continues to be qualified for registration.

(2) The PRS Board may renew an applicant's registration subject to any conditions the PRS Board considers appropriate.

(3) The PRS Board cannot refuse to renew a person's registration, or renew a person's registration subject to conditions, unless the PRS Board has—

(a) informed the person of the PRS Board's intention to do so; and

(b) given the person a reasonable opportunity to make submissions to the PRS Board; and

(c) taken any submissions made by the applicant into account.

(4) The PRS Board must notify, in writing, a person who has applied for renewal of registration of its decision on the application.

(5) If the PRS Board refuses to renew a person's registration, or renews the person's registration subject to conditions, the notification under subsection (4) must include the reasons for the PRS Board's decision.

(6) A function of the PRS Board under this section may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

Division 3—Suspension and cancellation of registration

110 Mandatory suspension of registration

(1) If the PRS Board receives a declaration by the Chief Commissioner that a person who is registered has been suspended from duty or directed to take leave from Victoria Police, the PRS Board must, by written notice, suspend the registration of the person under this Part.

The Chief Commissioner may suspend a police officer or direct a police officer to take leave under section 127 or 135.

(2) A suspension of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board.

(3) A suspension under this section remains in force until the earlier of—

(a) the person's return to duty; or

(b) the cancellation of the person's registration.

If a police officer is dismissed, his or her registration under this Part must be cancelled under section 113.

(4) The function of the PRS Board under subsection (1) may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

111 Discretionary suspension of registration

(1) The PRS Board, by written notice, may suspend the registration of a person under this Part on any of the following grounds—

(a) the PRS Board has received information indicating that the person is not qualified for registration; or

(b) the PRS Board reasonably believes that the person's application for registration or renewal of registration contained information that was false or misleading; or

(c) the Chief Commissioner notifies the PRS Board that an inquiry into a breach of discipline by the police officer has commenced.

(2) A suspension of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board.

(3) A suspension of registration under this section lasts until—

(a) the PRS Board revokes the suspension; or

(b) the PRS Board cancels the person's registration.

Section 202(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions.

(4) The function of the PRS Board under subsection (1) may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

112 Effect of suspension

A person whose registration under this Part has been suspended is taken, during the period of suspension, not to be registered under this Part.

113 Mandatory cancellation of registration

(1) The PRS Board must, by written notice, cancel the registration of a person under this Part on receiving a declaration by the Chief Commissioner that the person has been dismissed from Victoria Police.

(2) A cancellation of registration under this section takes effect when notice of the cancellation is given to the person by the PRS Board.

(3) The function of the PRS Board under subsection (1) may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

114 Notice of intention to cancel

(1) The PRS Board may give a person who is registered under this Part a written notice (notice of intention to cancel) requiring the person to show cause, within the time specified in the notice, why the person's registration should not be cancelled if the PRS Board considers that—

(a) the person is not qualified for registration; or

(b) the person's application for registration or renewal of registration contained information that was false or misleading.

(2) The time specified in the notice of intention to cancel must be at least 21 days after the day on which the notice is given to the person.

(3) If the person responds to the notice of intention to cancel within the time specified by the notice, or within any further time allowed by the PRS Board, the PRS Board must consider the person's response before cancelling the person's registration under this Part.

Section 202(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions.

(4) The function of the PRS Board under subsection (1) may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

115 Cancellation following notice

(1) Subject to this Part, the PRS Board may cancel the registration of a person to whom a notice of intention to cancel has been given under section 114.

If a person responds to a notice of intention to cancel within the time specified by the notice, or within any further time allowed by the PRS Board, the PRS Board must consider the person's response before cancelling the person's registration under this Part (see section 114(3)).

(2) If the PRS Board cancels the registration of a person under subsection (1), it must give written notice as soon as practicable to the person whose registration is cancelled.

(3) Cancellation of registration takes effect from the day on which notice under subsection (2) is given to the person or on a later day specified in the notice.

Section 202(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions.

(4) Any function of the PRS Board under this section may be performed by the President of the PRS Board or the Deputy President of the Registration Division.

116 Return of certificate on cancellation

A person whose registration is cancelled under this Part must return his or her certificate of registration to the PRS Board within 28 days after the day on which the person receives notice of the cancellation.

Division 4—Hearings

117 Hearings

(1) The PRS Board may conduct a hearing if the President of the PRS Board or the Deputy President of the Registration Division determines that it is necessary to do so for the purposes of determining whether to—

(a) grant or refuse an application for registration or renewal of registration; or

(b) cancel the registration of a person to whom a notice of intention to cancel has been given.

(2) The PRS Board must give written notice to an applicant for registration or renewal of registration or a person to whom a notice of intention to cancel was given (as the case requires) of the day, time and venue for the hearing.

(3) For the purpose of conducting a hearing, the PRS Board is to be constituted by 3 members of the Registration Division, of whom—

(a) at least one is the President or the Deputy President of the Registration Division; and

(b) at least one is a legal practitioner of at least 5 years standing.

(4) The President of the PRS Board or the Deputy President of the Registration Division must preside at the hearing.

118 Procedure at hearings

(1) An applicant for registration or renewal of registration, or a person to whom a notice of intention to cancel was given—

(a) may appear at a hearing under section 117; and

(b) may be represented at the hearing by any person other than a legal practitioner.

(2) The PRS Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.

S. 118(3) amended by No. 6/2018 s. 68(Sch. 2 item 133.4).

(3) The PRS Board may require evidence to be given on oath or by affirmation and, for that purpose, a member of the PRS Board may administer an oath or affirmation or cause an oath or affirmation to be administered.

(4) If a person has been given notice under section 117(2) and fails to attend at the time and venue specified in the notice, the hearing may be held in the person's absence.

(5) A question before the PRS Board at a hearing under this section must be decided according to the opinion of the majority of the members present.

119 Application for registration or renewal of registration hearings—Private unless otherwise ordered

(1) Subject to this section, all hearings of the PRS Board to decide whether to refuse an application for registration or renewal of registration must be held in private.

(2) The PRS Board, at the request of an applicant, may conduct a hearing in public.

(3) The PRS Board, on its own initiative, may conduct a hearing in public if the PRS Board is satisfied that the holding of the hearing in public would facilitate the conduct of the proceedings or would otherwise be in the public interest.

120 Cancellation of registration hearings—Public unless otherwise ordered

(1) Subject to this section, all hearings of the PRS Board to decide whether to cancel the registration of a person must be held in public.

(2) The PRS Board, on the application of the person to whom a notice of intention to cancel was given, may direct that a hearing or any part of it be held in private.

(3) The PRS Board, on its own initiative, may direct that a hearing or any part of it be held in private, if the PRS Board is satisfied that the holding of the hearing or part in private would facilitate the conduct of the proceedings or would otherwise be in the public interest.

(4) If the PRS Board considers it necessary to do so in the public interest, it may make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information derived from the hearing or part, except by, or with the leave of, the PRS Board.

(5) If an order is made under subsection (4), the PRS Board must cause a copy of the order to be displayed in a conspicuous place where the hearing is held.

(6) A person must not contravene an order made under subsection (4) that has been displayed in accordance with subsection (5).

Penalty: In the case of an individual, 60 penalty units;

Division 5—Police Profession Register

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

The Chief Commissioner must give written notice to the PRS Board as soon as practicable after a person registered under this Part—

(a) is appointed as a police officer; or

(b) returns from a period of absence on secondment or leave without pay; or

(c) is dismissed from Victoria Police.

Division 6—General

123 Natural justice

The PRS Board is bound by the rules of natural justice in the performance of its functions under this Part.

124 Service of notices under this Part

(1) A notice or other document required or permitted to be given to or served on a person under this Part may be given or served—

(c) by leaving it at the person's usual or last known residential or business address with a person on the premises apparently at least 16 years old and apparently residing or employed there.

(2) If a fax or email is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day.

Note to s. 124 inserted by No. 54/2016 s. 10.

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.

Part 7—Discipline

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

S. 125(1)(ca) inserted by No. 2/2024 s. 45.

(ca) fails to comply with the code of conduct; 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

(ii) conducts any trade, business or profession; or

(iii) accepts any other employment; or

(m) acts in a manner prejudicial to the good order or discipline of Victoria Police; or

(n) has been charged with an offence (whether under a Victorian law or under a law of another place) and the offence has been found proven.

(2) A police officer or protective services officer who aids, abets, counsels or procures, or who, by any act or omission, is directly or indirectly knowingly concerned in or a party to the commission of a breach of discipline, also commits a breach of discipline.

126 Preliminary investigation

(1) If the Chief Commissioner reasonably believes that a police officer or protective services officer may have committed a breach of discipline, the Chief Commissioner may begin an investigation of the matter.

(2) At any time during an investigation into a matter the Chief Commissioner may—

(a) transfer the police officer or protective services officer to other duties; or

(c) suspend the officer with pay.

(3) If a police officer or protective services officer has not been charged under section 127 within 3 months after action has been taken against him or her under subsection (2), the Chief Commissioner must withdraw the transfer, direction or suspension.

(4) The Chief Commissioner may apply to the PRS Board for an extension of the time specified in subsection (3).

(5) The President of the PRS Board or the Deputy President of the Review Division may give the extension if he or she reasonably believes it is necessary for the investigation.

127 Charging

(1) If, after conducting a preliminary investigation, the Chief Commissioner or a person authorised by the Chief Commissioner under section 130(1)(a) reasonably believes that a police officer or protective services officer has committed a breach of discipline, the Chief Commissioner or authorised person may charge the officer with the commission of that breach of discipline.

(2) If the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4, the Chief Commissioner or authorised person must not charge the officer with the commission of a breach of discipline until the Chief Commissioner or authorised person has consulted the Director of Public Prosecutions.

(3) If the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed any other offence, the Chief Commissioner or authorised person may consult the Director of Public Prosecutions before charging the officer with the commission of a breach of discipline.

(4) On charging a police officer or protective services officer, the Chief Commissioner or authorised person may—

(c) suspend the officer with or without pay.

(5) Any action taken under subsection (4) remains in force until the charge has been finally determined.

128 Form of charge

(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 police officer or protective services officer 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 officer must make the statement under paragraph (d).

(2) If a police officer or protective services officer has not made the statement required under subsection (1)(d) within the time specified under subsection (1)(e), the Chief Commissioner may proceed without the statement.

129 Inquiry into a charge

The Chief Commissioner or a person authorised by the Chief Commissioner under section 130(1)(b) must inquire into and determine a charge.

130 Authorisation of persons to charge or inquire into and determine charges

(1) The Chief Commissioner may authorise any police officer or any person employed under the Public Administration Act 2004 to—

(a) charge a police officer or protective services officer under section 127; or

(b) inquire into and determine a charge under section 129.

(2) A person can be authorised under subsection (1)(a) or (b) or both, but the same authorised person cannot inquire into and determine a charge that he or she has laid.

S. 130A inserted by No. 2/2024 s. 46.

130A Fitness to participate in an inquiry

(1) If satisfied that it is necessary to determine whether a police officer or protective services officer is physically and mentally fit to participate in an inquiry, the person conducting the inquiry may direct the officer to undergo an assessment of fitness by a medical officer nominated by the Chief Commissioner.

(2) A medical officer who conducts an assessment of fitness must provide to the person conducting the inquiry and to the officer a written opinion as to whether the officer is physically and mentally fit to participate in the inquiry.

(3) Any information provided by a medical officer in connection with an assessment of fitness must not be used for any purpose other than to determine whether a police officer or protective services officer is physically and mentally fit to participate in an inquiry.

(4) A police officer or protective services officer does not commit a breach of discipline by failing to comply with a direction under subsection (1).

medical officer means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) or the psychology profession (other than as a student).