3Definitions

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 of *country position* repealed by No. 19/2016 s. 3(b).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.