96Chief Commissioner may have regard to evidence in certain circumstances

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).