288Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016

288 Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016 (1) The PRS Board must advise the Chief Commissioner in accordance with section 29 as in force immediately before the commencement of section 5 of the **Police and Justice Legislation Amendment (Miscellaneous) Act 2016** if the Chief Commissioner requests advice from the PRS Board under section 29(2) before that commencement and the PRS Board has not complied with the request before that commencement. (2) The PRS Board must advise the Chief Commissioner in accordance with section 30 as in force immediately before the commencement of section 6 of the **Police and Justice Legislation Amendment (Miscellaneous) Act 2016** if the Chief Commissioner requests advice from the PRS Board under section 30(3) before that commencement and the PRS Board has not complied with the request before that commencement. (3) The PRS Board must assess whether an applicant is qualified for registration under Part 6 in accordance with section 103 as in force immediately before the commencement of section 9 of the **Police and Justice Legislation Amendment (Miscellaneous) Act 2016** if a person made an application for registration under Part 6 before that commencement and the PRS Board has not made a decision in respect of the application before that commencement. S. 289 inserted by No. 37/2022 s. 23, amended by No. 2/2024 s. 58(a). 289 Transitional provision—repeal of restorative engagement and redress scheme for current and former members of Victoria Police personnel Despite the repeal of Part 9A by section 174R, that Part as in force immediately before its repeal continues to apply in relation to— (a) any application that is made under section 174G before the repeal of that Part; and (b) any restorative engagement process under section 174A; and S. 289(c) amended by No. 2/2024 s. 58(b). (c) any disclosure made by a person to the Secretary before the commencement of that Part for the purpose of seeking any form of redress under a scheme administered by the Secretary that was the equivalent of the scheme set out in that Part; and S. 289(d) inserted by No. 2/2024 s. 58(c). (d) any information provided by an applicant or a person seeking information as to making an application under section 174G; and S. 289(e) inserted by No. 2/2024 s. 58(c). (e) any information disclosed by an applicant or another person in connection with the applicant's participation in the scheme set out in that Part. S. 290 inserted by No. 2/2024 s. 59. 290 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2024 (1) Section 227(3), as inserted by section 56 of the **Justice Legislation Amendment (Police and Other Matters) Act 2024**, does not apply to an offence against section 227(1) that is alleged to have been committed before the commencement of section 56 of that Act. (2) For the purposes of subsection (1), if an offence against section 227(1) is alleged to have been committed between 2 dates, one before and one after the commencement of section 56 of the **Justice Legislation Amendment (Police and Other Matters) Act 2024**, the offence is taken to have been committed after that commencement. Schedules Schedule 1—Chief Commissioner, Deputy Chief Commissioners and Assistant Commissioners Sections 17(2), 21(3) and 24(4) and (5). Part 1—Chief Commissioner 1 Terms and conditions of appointment of Chief Commissioner (1) The Chief Commissioner holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment. (2) The Chief Commissioner is eligible to be reappointed. (3) The Chief Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in his or her instrument of appointment. 2 When does the Chief Commissioner's office become vacant? The office of Chief Commissioner becomes vacant if the Chief Commissioner— Sch. 1 cl. 2(b) amended by No. 13/2019 s. 221(Sch. 1 item 59.2). (b) becomes a represented person within the meaning of the **Guardianship and Administration Act 2019**; or (c) resigns or retires in accordance with clause 3; or (d) is removed from office under clause 4. 3 Resignation or retirement of Chief Commissioner (1) The Chief Commissioner may resign or retire by giving written notice of not less than 3 months to the Governor in Council. (2) Despite subclause (1), the Governor in Council may accept the resignation or retirement of the Chief Commissioner on less than 3 months notice. 4 Removal of Chief Commissioner (1) The Governor in Council may remove the Chief Commissioner from office on the recommendation of the Minister on any of the grounds specified in subclause (2). (2) The grounds for removal are that the Chief Commissioner— (a) has engaged in misconduct; or (b) is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or (c) has engaged in paid employment outside the office of Chief Commissioner without the prior consent of the Minister; or (d) has brought Victoria Police into disrepute; or (e) has neglected his or her duties; or (f) is incapable of, or inefficient in, performing his or her duties. 5 Suspension of Chief Commissioner (1) The Governor in Council may suspend the Chief Commissioner from office on the recommendation of the Minister. (2) The Minister may recommend suspension under subclause (1) only if he or she believes that grounds may exist for the removal of the Chief Commissioner from office under clause 4. (3) The Governor in Council may lift the suspension and restore the Chief Commissioner to office at any time. (4) The Governor in Council must lift the suspension and restore the Chief Commissioner to office at the expiry of the period of 30 days after the date of the suspension unless— (a) the suspension has been lifted earlier under subclause (3); or (b) the Chief Commissioner has been removed from office under clause 4.