54Temporary cessation of powers during leave or secondment

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.