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Victoria Police Act 2013
13Ill-health retirement
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13 Ill-health retirement
(1) The contract of employment of an Assistant Commissioner must provide for the Chief Commissioner to cause the Assistant Commissioner to be retired in similar circumstances to those in which a police officer may be retired under section 67.
(2) Section 67 does not apply to an Assistant Commissioner.
14 Incapacity for duty
Division 6 of Part 4 of this Act does not apply to an Assistant Commissioner.
15 Reduction in remuneration
The Chief Commissioner may reduce the remuneration of an Assistant Commissioner in any manner that is consistent with the terms and conditions of the contract of employment.
16 Termination of employment by Chief Commissioner
The Chief Commissioner may terminate the employment of an Assistant Commissioner for any reason consistent with the terms and conditions of the contract of employment.
17 No compensation
(1) An Assistant Commissioner is not entitled to any compensation as a result of—
(a) the termination of his or her employment as an Assistant Commissioner; or
(b) his or her remuneration being reduced.
(2) Subclause (1) is subject to the Assistant Commissioner's contract of employment.
18 Resignation or retirement of Assistant Commissioners
(1) An Assistant Commissioner may resign or retire by giving written notice of not less than 3 months to the Chief Commissioner.
(2) Despite subclause (1), the Chief Commissioner may accept the resignation or retirement of an Assistant Commissioner on less than 3 months notice.
19 Right of reversion to former rank on termination or expiry of contract
(1) This clause applies if—
(a) a person was a police officer immediately before his or her first employment as an Assistant Commissioner; and
(b) since that first employment the person has been continuously employed as an Assistant Commissioner; and
(c) the person ceases to be employed as an Assistant Commissioner—
(i) for any reason on the initiative of the Chief Commissioner (other than where the employment is terminated for breach of discipline or for any other disciplinary reason, or where the Assistant Commissioner is retired on the ground of ill-health); or
(ii) because of the expiry of his or her contract of employment.
(2) The person is entitled to revert to his or her appointment as a police officer at the rank he or she held immediately before his or her first employment as an Assistant Commissioner.
(3) The regulations may specify how the remuneration to which the person is entitled on his or her reversion under this clause is to be determined.
(4) A person who exercises his or her entitlement under this clause is not entitled to any payment in lieu of notice on the termination of his or her contract of employment as an Assistant Commissioner despite anything to the contrary in the contract.
(5) A person may exercise an entitlement under this clause even if that would result in non-compliance with an Order in effect under section 15(1).
Sch. 2 amended by No. 25/2023 s. 7(Sch. 1 item 32).