9 Criteria for appointment as a protective services officer 6
10 False statements 7
11 Rank structure and seniority 7
Part 3—Transfers and promotions 8
Division 1—Transfer and promotion of police officers 8
12 Filling positions 8
13 Application for reversion in rank 9
14 Advertising positions 9
15 Temporary promotion 9
16 Lapse of applications 10
Division 2—Transfer and promotion of protective services officers 10
17 Filling positions 10
18 Application for reversion in rank 11
19 Advertising positions 11
20 Temporary promotions 12
21 Lapse of applications 12
Part 4—Police duties, powers, entitlements, protection and liability 14
Division 1—Secondment of police officers to other police forces 14
22 Secondment of police officers to other police forces 14
Division 2—Long service leave 14
23 Application of Division 14
24 Nature of service 14
25 Computation of period of service 15
26 Computation of pay 17
27 Applications for long service leave—former, incapacitated or deceased officers 17
Division 3—Exercise of powers by protective services officers at designated places 18
28 Designated place 18
Division 4—Remuneration of Assistant Commissioners reverting to former rank 19
29 Remuneration of Assistant Commissioners reverting to former rank 19
Part 5—Drug and alcohol testing 20
Division 1—Testing directions 20
30 Definitions 20
31 Chief Commissioner to approve laboratory or drug testing service 20
32 Testing directions 20
Division 2—Persons authorised to take samples and conduct preliminary on-site screening 21
33 Persons authorised to administer breath tests 21
34 Persons authorised to take samples of urine, hair, oral fluid and buccal swabs 22
35 Persons authorised to conduct preliminary on-site screening of urine samples 22
Division 3—Taking of samples 23
36 Taking of a sample—General 23
37 Procedure for taking a sample of breath 24
38 Prescribed breath analysing devices 24
39 Procedure for taking a sample of urine 25
40 Procedure for taking a sample of hair 25
41 Procedure for taking a sample of oral fluid or a buccal swab 26
42 Procedure for taking a sample of blood 26
Division 4—Procedure after taking a sample 27
43 Procedure after taking a sample of urine 27
44 Procedure after taking a sample of hair 28
45 Procedure after taking a sample of oral fluid or a buccal swab 29
46 Procedure after taking a sample of blood 31
Division 5—Certificates to be completed after taking a sample 32
47 Certificate to be completed after taking a sample of breath 32
48 Certificate to be completed after taking a sample of urine, hair or oral fluid or a buccal swab 33
49 Certificate to be completed after taking a sample of blood 34
Division 6—Analysis of samples 35
50 Analysis of a sample of urine, hair, oral fluid, a buccal swab or blood 35
51 Certificate of analysis of a sample of urine, hair, oral fluid, a buccal swab or blood 35
Division 7—Handling of information and confidentiality 36
52 Confidentiality of test results 36
Division 8—Annual reporting 38
53 Information to be included in annual report 38
Part 6—Discipline 39
54 Inquiries conducted by Chief Commissioner or authorised officer 39
55 Amending charges 39
56 Payment of penalties 39
Part 7—Appeals and reviews 40
Division 1—Appeals 40
57 Requirements for an appeal 40
58 Procedure on an appeal 40
59 Decision of the PRS Board—Appeals 41
Division 2—Reviews 41
60 Applications for review 41
61 Action to be taken after lodgement of an application for review 42
62 Decision of PRS Board—Reviews 42
Division 3—General 42
63 Witness expenses 42
Part 8—Complaints and investigations 43
64 Information to be provided by the Chief Commissioner to the IBAC 43
Schedule 1—Revocations 45
Schedule 2—Types of service for purposes of long service leave entitlement 46
═════════════
Endnotes 47
1 General information 47
2 Table of Amendments 49
3 Explanatory details 50
Version No.001
Victoria Police Regulations 2024
S.R. No. 42/2024
Version as at
23 June 2024
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe matters necessary for the appointment, promotion and transfer of police officers and protective services officers; and
(b) to prescribe matters for appeals and reviews under Part 8 of the Victoria Police Act 2013; and
(c) to prescribe matters necessary for the testing of members of Victoria Police personnel for alcohol and drugs of dependence; and
(d) to prescribe designated places at which protective services officers may exercise all the powers and have all the responsibilities granted or imposed by section 52(2) of the Victoria Police Act 2013; and
(e) to prescribe other matters necessary for the purposes of the Victoria Police Act 2013.
2 Authorising provision
These Regulations are made under section 277 of the Victoria Police Act 2013.
3 Commencement
These Regulations come into operation on 23 June 2024.
4 Revocations
The Regulations listed in Schedule 1 are revoked.
5 Definitions
In these Regulations—
bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;
bus premises means—
(a) a depot or base of operations for a bus service by a specified route bus; or
(b) a place where bus safety work within the meaning of the Bus Safety Act 2009 is carried out in connection with the provision of a bus service by a specified route bus; or
(c) a specified route bus; or
(d) a rail replacement bus; or
(e) land on or in which is situated a bus stopping point and any associated bus stop infrastructure within the meaning of section 48H of the Road Management Act 2004;
bus service means the operation of one of more buses to provide a service for the transport of passengers by road;
bus stopping point means a location designated for a specified route bus or a rail replacement bus to stop for the purposes of passengers boarding and disembarking;
police officer, in Division 2 of Part 4, Part 5 and Part 6, includes a police reservist;
rail premises means any land, building, premises or structure owned, occupied or leased by—
(a) a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 in connection with its capacity as a provider of a passenger service within the meaning of section 3(1) of the Rail Management Act 1996; or
(b) a rail freight operator within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 in connection with its capacity as a provider of a rail freight service; or
(c) Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010; or
(d) the Head, Transport for Victoria in connection with its functions in relation to passenger services within the meaning of section 3 of the Transport Integration Act 2010;
rail replacement bus means a bus providing a bus service of carrying passengers of a disrupted rail service or tram service;
railway premises means railway premises within the meaning of the Rail Safety National Law (Victoria);
registered medical practitioner has the meaning given by section 82 of the Act;
road has the same meaning as it has in section 3(1) of the Road Safety
Act 1986;
specialist area means the Police Air Wing or the Technical Surveillance Unit;
specified bus premises means premises described in paragraph (a), (b) or (e) of the definition of bus premises;
specified route bus means a bus providing a route bus service within the meaning of the Bus Safety Act 2009 under the authority of a service contract within the meaning of the Bus Services Act 1995;
the Act means the Victoria Police Act 2013.
Part 2—Appointments
Division 1—Police officers
6 Criteria for appointment as a police officer
(1) For the purposes of section 27(2) of the Act, the criteria for appointment as a police officer are that—
(a) the person is of good character and reputation; and
(b) the person is a citizen or permanent resident of Australia or entitled to that status under Commonwealth law, or is a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth; and
(c) the person has completed a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner; and
(d) the person has satisfied the Chief Commissioner as to their general intelligence and physical fitness.
(2) Subregulation (1)(b) and (d) do not apply to a person who has the special qualifications or required expertise to perform in a specialist area.
7 False statements
The Chief Commissioner may refuse to consider a person for appointment as a police officer if the person has given false or misleading information—
(a) during the selection procedure for appointment; or
(b) to the PRS Board.
8 Seniority
(1) Seniority as between police officers of the same rank is to be determined having regard to the respective dates of appointment or promotion to that rank.
(2) If 2 or more constables are appointed on the same day, the Chief Commissioner may determine their respective seniority.
Note
The seniority of ranks is set out in section 13 of the Act.
Division 2—Protective services officers
9 Criteria for appointment as a protective services officer
For the purposes of section 38(2) of the Act, the criteria for appointment as a protective services officer are that—
(a) the person is of good character and reputation; and
(b) the person is a citizen or permanent resident of Australia or entitled to that status under Commonwealth law, or is a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth; and
(c) the person has completed a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner; and
(d) the person has satisfied the Chief Commissioner as to their general intelligence and physical fitness.
10 False statements
The Chief Commissioner may refuse to consider a person for appointment as a protective services officer if the person has given false or misleading information during the selection procedure for the appointment.
11 Rank structure and seniority
(1) The rank structure for protective services officers, in descending order of seniority, is the following—
(a) protective services officer senior sergeant;
(b) protective services officer sergeant;
(c) protective services officer senior;
(d) protective services officer first class;
(e) protective services officer.
(2) Seniority as between protective services officers of the same rank is to be determined having regard to the respective dates of appointment or promotion to the rank.
(3) If 2 or more protective services officers are appointed on the same day, the Chief Commissioner may determine their respective seniority.
Part 3—Transfers and promotions
Division 1—Transfer and promotion of police officers
12 Filling positions
If a position is (or is expected to become) vacant, the Chief Commissioner may—
(a) without advertising, fill the position by way of transfer; or
(b) without advertising, fill the position on a temporary basis in accordance with regulation 15; or
(c) without advertising, fill the position by transferring a police officer to the position of a constable (general duties) or transferring or promoting a police officer to the position of senior constable (general duties); or
(d) without advertising, fill the position by transferring a police officer under an expression of interest process agreed under an industrial instrument applying to police officers; or
(e) without advertising, fill the position by promoting a constable who holds a position to the rank of senior constable in the same position if the constable is qualified and otherwise able to satisfy the eligibility criteria for promotion to the rank of senior constable; or
(f) advertise the position and promote or transfer an applicant to the position.
13 Application for reversion in rank
The Chief Commissioner may, on the written application of a police officer, approve a reversion in rank of that officer.
14 Advertising positions
(1) An advertisement for a position that is (or is expected to become) vacant must be published in the Police Gazette.
(2) The advertisement must—
(a) identify the position and—
(i) summarise the duties, qualifications, eligibility criteria and key selection criteria relating to the position and any time-in-position requirements relating to the period to be served in the position approved by the Chief Commissioner; or
(ii) refer to the position description and set out where a copy of the position description may be obtained; and
(b) state any requirement for the holder of the position to reside in any particular premises; and
(c) state any requirements for on call and availability for duty rostering relating to the position; and
(d) include the closing date for receipt of applications.
15 Temporary promotion
(1) The Chief Commissioner may, for a fixed term and for a particular purpose in each case, temporarily promote a police officer.
(2) At the conclusion of the fixed term referred to in subregulation (1), the officer who is temporarily promoted will revert to the officer's substantive rank.
(3) Despite subregulation (2), the Chief Commissioner may, in accordance with the provisions of subregulation (1), again temporarily promote an officer at the conclusion of the fixed term.
16 Lapse of applications
(1) If a police officer is selected for promotion under section 31 of the Act, any other applications for promotion or transfer by the officer lapse.
(2) If a police officer is selected for transfer under section 34 of the Act, any other applications for transfer by the officer lapse.
Division 2—Transfer and promotion of protective services officers
17 Filling positions
(1) If a position below the rank of protective services officer senior is (or is expected to become) vacant, the Chief Commissioner may—
(a) without advertising, fill the position by way of transfer; or
(b) without advertising, fill the position on a temporary basis in accordance with regulation 20; or
(c) without advertising, fill the position by transferring a protective services officer under an expression of interest process agreed under an industrial instrument applying to protective services officers; or
(d) advertise the position and promote or transfer an applicant to the position.
(2) If a position at or above the rank of protective services officer senior is (or is expected to become) vacant, the Chief Commissioner may—
(a) without advertising, fill the position by way of transfer; or
(b) without advertising, fill the position on a temporary basis in accordance with regulation 20; or
(c) without advertising, fill the position by transferring a protective services officer under an expression of interest process agreed under an industrial instrument applying to protective services officers; or
(d) advertise the position and promote or transfer an applicant to the position; or
(e) if no qualified person applies for the position, appoint a protective services officer who has not applied.
18 Application for reversion in rank
The Chief Commissioner may, on the written application of a protective services officer, approve a reversion in rank of that officer.
19 Advertising positions
(1) An advertisement for a position that is (or is expected to become) vacant must be published in the Police Gazette.
(2) The advertisement must—
(a) identify the position and—
(i) summarise the duties, qualifications, eligibility criteria and key selection criteria relating to the position and any time-in-position requirements relating to the period to be served in the position approved by the Chief Commissioner; or
(ii) refer to the position description and set out where a copy of the position description may be obtained; and
(b) state any requirement for the holder of the position to reside in any particular premises; and
(c) state any requirements for on call and availability for duty rostering relating to the position; and
(d) include the closing date for receipt of applications.
20 Temporary promotions
(1) The Chief Commissioner may, for a fixed term and for a particular purpose in each case, temporarily promote a protective services officer.
(2) At the conclusion of the fixed term referred to in subregulation (1), the officer who is temporarily promoted will revert to the officer's substantive rank.
(3) Despite subregulation (2), the Chief Commissioner may, in accordance with the provisions of subregulation (1), again temporarily promote an officer at the conclusion of the fixed term.
21 Lapse of applications
(1) If a protective services officer is selected for promotion under section 40 of the Act, any other applications for promotion or transfer by the officer lapse.
(2) If a protective services officer is selected for transfer under section 42 of the Act, any other applications for transfer by the officer lapse.
Part 4—Police duties, powers, entitlements, protection and liability
Division 1—Secondment of police officers to other police forces
22 Secondment of police officers to other police forces
(1) A police officer who is seconded to the Australian Federal Police or the police force of another State or Territory or of another country continues to be a police officer.
(2) While serving as an officer or member of the Australian Federal Police or the police force of another State or Territory or of another country, the police officer—
(a) must obey all lawful instructions and orders given by superior officers of the police force to which the officer is seconded; and
(b) is subject to the laws applicable to that police force and, as far as possible, to the Act, these Regulations and, subject to section 54 of the Act, the orders or directions of superiors in Victoria Police, including the Chief Commissioner's instructions.
Division 2—Long service leave
23 Application of Division
This Division does not apply to the Chief Commissioner or a Deputy Commissioner.
24 Nature of service
The following periods of service entitle a police officer or protective services officer to be granted long service leave on application by the officer—
(a) any period of service as a police officer or protective services officer;
(b) any period of a type of service listed in Schedule 2;
(c) service with any Commonwealth Defence Force during the Vietnam war.
25 Computation of period of service
(1) The following periods of service are to be included when calculating long service leave entitlements—
(a) if the officer's service is not continuous, the aggregate of all periods of the officer's service;
(b) any period in respect of which a pension under section 68(3) of the Superannuation Act 1958, section 20G(1) of the Emergency ServicesSuperannuation Act 1986 or section 83A of the StateSuperannuation Act 1988 (as in force from time to time) was paid;
(c) any period during which the officer was absent on—
(i) authorised leave with pay; or
(ii) long service leave with full or half pay; or
(iii) personal leave without pay, if the officer has a medical certificate in relation to that period; or
(iv) leave to undertake defence service within the meaning of the Defence Reserve Service (Protection) Act 2001 of the Commonwealth.
(2) The following periods of service are not to be included when calculating long service leave entitlements—
(a) any period which preceded an absence from a service duty referred to in regulation 24(b) or (c), if the absence was for a continuous period of more than 12 months;
(b) any period of leave without pay;
(c) any period that the officer was suspended or dismissed from service as a result of that officer's actions.
(3) Subregulation (2)(a) does not apply to an absence from duty—
(a) to which subregulation (1)(b) or (c) applies; or
(b) which resulted from retirement because of ill-health; or
(c) which resulted from retrenchment and which was for a period of less than 5 years; or
(d) which resulted from resignation and which was for a period of less than 5 years, if the Chief Commissioner is of the opinion that the resignation resulted from special circumstances, including—
(i) a pressing personal or domestic necessity deserving compassionate consideration; or
(ii) changes in the work environment or career direction of an officer which required an interruption to the course of that officer's service.
26 Computation of pay
(1) All pay received by a police officer or protective services officer on long service leave must be calculated as if the officer had remained on duty.
(2) If an officer is granted pay in lieu of the whole or part of any long service leave to which the officer is entitled, the amount of pay is to be calculated using the following method—
Step 1—
Subtract from the period of service of the officer for which the officer is entitled to long service leave any period of service in respect of which the officer has been granted long service leave or pay in lieu of long service leave;
Step 2—
Express the remaining period in complete years and a fraction of a year on a daily basis;
Step 3—
Divide this amount by 40;
Step 4—
Multiply this amount by the officer's annual pay at the time that the application for long service leave is made.
27 Applications for long service leave—former, incapacitated or deceased officers
(1) An application for long service leave may be made at any time within 3 months after the date the officer dies, retires, is dismissed or otherwise ceases to be an officer.
(2) If an officer has died or is physically or mentally incapacitated, an application for payment in lieu of long service leave may be made by the officer's legal personal representative.
Division 3—Exercise of powers by protective services officers at designated places
28 Designated place
For the purposes of section 52 of the Act, a place on or within any of the following places is a designated place—
(a) railway premises;
(b) rail premises on or adjoining railway premises including any car parking area on the rail premises;
(c) any roadway or other thoroughfare giving access to rail premises or specified bus premises;
(d) any area on or adjoining rail premises or specified bus premises used by other modes of transport including taxi ranks;
(e) any car park controlled by a Council (within the meaning of the Local Government Act 1989) that is adjoining rail premises or specified bus premises;
(f) any privately owned or managed land used for a car park or other public transport purposes adjoining rail premises or specified bus premises;
(g) land on or in which is situated a tram stopping point within the meaning of section 48H of the Road Management Act 2004 and any associated tram stop infrastructure within the meaning of that section;
(h) any rail premises on or adjoining the land referred to in paragraph (g), including any car parking area on the rail premises;
(i) bus premises;
(j) a road on which a specified route bus or rail replacement bus provides a bus service at the time the service is in operation.
Division 4—Remuneration of Assistant Commissioners reverting to former rank
29 Remuneration of Assistant Commissioners reverting to former rank
The remuneration to which a person is entitled on reversion under clause 19 of Schedule 1 to the Act is to be determined as if—
(a) the person had continued in the rank the person held immediately before the person's first employment as an Assistant Commissioner; and
(b) the person had been eligible for all increments in that rank during the period that the person held employment as an Assistant Commissioner.
Part 5—Drug and alcohol testing
Division 1—Testing directions
30 Definitions
In this Part—
approved laboratory or drug testing service means a laboratory or drug testing service approved by the Chief Commissioner under regulation 31;
member means a member of Victoria Police personnel.
31 Chief Commissioner to approve laboratory or drug testing service
For the purposes of this Part, the Chief Commissioner may approve—
(a) a laboratory accredited by the National Association of Testing Authorities, Australia; and
(b) a drug testing service.
32 Testing directions
(1) A testing direction given under Part 5 of the Act to a member may be given orally or in writing.
(2) The direction must state—
(a) the grounds on which the direction is given; and
(b) the sample, or samples, (whether breath, urine, hair, oral fluid, a buccal swab or blood) that the member is required to give or allow to be taken; and
(c) that the member is required to remain at or to attend specified premises to give the sample or allow for the sample to be taken; and
(d) that the member should not consume alcohol or drugs before giving the sample or allowing the sample to be taken; and
(e) that the member should advise the person to whom the member is giving the sample, or who is taking the sample, of any prescription medication taken by the member in the 7 days preceding the date on which the direction is given; and
(f) that, if the member is a police officer or protective services officer and fails to comply with the direction, the member commits a breach of discipline under section 125 of the Act; and
(g) that the test results will be given to the Chief Commissioner and will otherwise remain confidential except for any disclosures authorised for the purposes of the Act.
(3) If an oral direction is given to the member, it must be confirmed in writing to the member as soon as practicable.
Division 2—Persons authorised to take samples and conduct preliminary on-site screening
33 Persons authorised to administer breath tests
The following persons are authorised to administer breath tests or conduct breath analyses for the purposes of Part 5 of the Act—
(a) a registered medical practitioner;
(b) an approved health professional;
(c) a member of Victoria Police personnel who has successfully completed a course of instruction for sample collection and on-site screening, handling, storage and dispatch of samples;
(d) a police officer;
(e) a person who—
(i) has knowledge and expertise in standards and practices related to the administration of breath tests and conduct of breath analyses; and
(ii) is employed by an approved laboratory or drug testing service.
34 Persons authorised to take samples of urine, hair, oral fluid and buccal swabs
The following persons are authorised to take samples of urine, hair, oral fluid and buccal swabs from members for the purposes of Part 5 of the Act—
(a) a registered medical practitioner;
(b) an approved health professional;
(c) a member of Victoria Police personnel who has successfully completed a course of instruction for sample collection and on-site screening, handling, storage and dispatch of samples;
(d) a person who—
(i) has knowledge and expertise in standards and practices related to the taking and storage of samples; and
(ii) is employed by an approved laboratory or drug testing service.
35 Persons authorised to conduct preliminary on-site screening of urine samples
The following persons are authorised to conduct preliminary on-site screening of urine samples in accordance with regulation 39.
(a) a registered medical practitioner;
(b) an approved health professional;
(c) a member of Victoria Police personnel who has successfully completed a course of instruction for sample collection and on-site screening, handling, storage and dispatch of samples;
(d) a person who—
(i) has knowledge and expertise in standards and practices related to the taking and storage of urine samples; and
(ii) is employed by an approved laboratory or drug testing service.
Division 3—Taking of samples
36 Taking of a sample—General
(1) The taking of a sample of urine, hair, oral fluid, a buccal swab or blood from the member must be conducted—
(a) in a respectful manner; and
(b) in circumstances affording reasonable privacy to the member.
(2) A sample must not be taken from the member in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample.
(3) A person taking a sample from a member must not require—
(a) the removal of more clothing than is necessary for the sample to be taken; and
(b) more visual inspection of the member than is necessary for the sample to be taken.
(4) A sample of blood must not be taken from a member who has been involved in a critical incident if either of the following persons is of the opinion that the taking of the sample would be prejudicial to the member's care and treatment—
(a) the registered medical practitioner or approved health care professional directed to take the sample;
(b) the registered medical practitioner or approved health care professional primarily responsible for the examination and treatment of the member.
(5) The sample must be adequate for the purposes of laboratory testing.
37 Procedure for taking a sample of breath
(1) A person operating a breath analysing instrument—
(a) must not require the member to give a breath sample for analysis until the person is satisfied that the member has not consumed any alcohol for a period of at least 15 minutes before the analysis; and
(b) must provide a fresh mouthpiece for use by the member that, until required for taking the breath sample, has been kept in a sealed collection unit.
(2) A member who is directed to give a sample of breath must do so by exhaling continuously into the breath analysing instrument to the satisfaction of the person operating that instrument.
38 Prescribed breath analysing devices
The breath analysing devices prescribed for the purposes of Part 5 of the Act are those prescribed for the purposes of section 53 of the Road Safety Act 1986.
39 Procedure for taking a sample of urine
(1) A person taking a urine sample from a member for the purposes of Part 5 of the Act must ensure that the sample is taken in accordance with the procedures set out in the Australian/New Zealand Standard AS/NZS 4308 Procedures for specimen collection and the detection and quantification of drugs in urine, published jointly by, or on behalf of, Standards Australia and Standards
New Zealand, as existing from time to time
(AS/NZS 4308).
(2) The sample must be given in a collection unit that is clean and dry and that has not previously been used.
(3) The sample may be subjected to a preliminary on‑site screening process conducted in accordance with AS/NZS 4308.
(4) If the sample is subjected to preliminary on-site screening, that member must be notified of the result of the screening as soon as practicable.
(5) If the preliminary on-site screening of the sample returns a non-negative result for the presence of drugs of dependence, the sample must be dealt with in accordance with regulation 43.
(6) If the preliminary on-site screening of the sample returns a negative result of drugs of dependence, the sample must be disposed of as soon as practicable.
40 Procedure for taking a sample of hair
A person taking a hair sample from a member for the purposes of Part 5 of the Act must—
(a) ensure that the sample is given in a collection unit that is clean and dry and that has not previously been used; and
(b) cut the sample from as close to the member's skin as possible; and
(c) not take more hair than is reasonably necessary to undertake the required testing and comply with the procedures outlined in regulation 44.
41 Procedure for taking a sample of oral fluid or a buccal swab
A person taking an oral fluid sample or a buccal swab for the purposes of Part 5 of the Act must—
(a) ensure that the sample is taken in accordance with the procedure set out in the Australian/New Zealand Standard
AS/NZS 4760 Procedure for specimen collection and the detection and quantification of drugs in oral fluid, published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as existing from time to time (AS/NZS 4760); and
(b) provide a fresh oral fluid or buccal swab collection unit for use by each person required to provide an oral fluid sample or buccal swab; and
(c) use only an oral fluid or buccal swab collection unit which, until required for taking the oral fluid sample or buccal swab, has been kept in a sealed collection unit.
42 Procedure for taking a sample of blood
A registered medical practitioner or approved health professional who takes a blood sample from a member for the purposes of Part 5 of the Act must cleanse the site of the puncture with a swab taken from a collection unit which—
(a) appears to be sealed against contamination; and
(b) bears a label stating that the collection unit holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.
Division 4—Procedure after taking a sample
43 Procedure after taking a sample of urine
(1) A person having taken a urine sample in accordance with regulation 39 must follow the procedures outlined in AS/NZS 4308.
Note
Procedures outlined in AS/NZS 4308 include the requirement for any sample to be split between at least 2 containers and to be sealed with tamper-evident seals.
(2) Each collection unit must have attached to it a label bearing—
(a) any information required by AS/NZS 4308; and
(b) the signature of the person who took the urine sample; and
(c) the date and the time the sample was taken; and
(d) the name of the person who gave the sample; and
(e) if possible, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.
(3) The person who took the urine sample must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence.
(4) The approved laboratory or drug testing service must—
(a) analyse the sample of urine in one of the collection units for the presence of alcohol or a drug of dependence in accordance with AS/NZS 4308; and
(b) store the other collection unit for a period of not less than 12 months.
(5) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis, at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.
44 Procedure after taking a sample of hair
(1) A person taking a sample of hair from a member in accordance with regulation 40 must ensure that—
(a) the sample is placed in at least 2 dry collection units, each containing approximately the same amount of the sample; and
(b) each collection unit is fitted with a tamper‑proof locking seal; and
(c) each collection unit has attached to it a label bearing—
(i) the signature of the person who took the sample; and
(ii) the date and the time the sample was taken; and
(iii) the name of the person who gave the sample; and
(iv) if possible, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.
(2) The person who took the sample of hair must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence.
(3) The approved laboratory or drug testing service must—
(a) analyse the sample of hair in one of the collection units for the presence of alcohol or a drug of dependence; and
(b) store the other collection unit for a period of not less than 12 months.
(4) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis, at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.
45 Procedure after taking a sample of oral fluid or a buccal swab
(1) A person having taken a sample of oral fluid or a buccal swab in accordance with regulation 41 must follow the procedures outlined in
AS/NZS 4760.
Note
Procedures outlined in AS/NZS 4760 include the requirement for any sample to be split between at least 2 containers and to be sealed with tamper-evident seals.
(2) Each collection unit must have attached to it a label bearing—
(a) any information required by AS/NZS 4760; and
(b) the signature of the person who took the sample; and
(c) the date and the time the sample was taken; and
(d) the name of the person who gave the sample; and
(e) if possible, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.
(3) The person who took the sample of oral fluid or buccal swab must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence.
(4) The approved laboratory or drug testing service must—
(a) analyse the sample of oral fluid or buccal swab in one of the collection units for the presence of alcohol or a drug of dependence in accordance with AS/NZS 4760; and
(b) store the other collection unit for a period of not less than 12 months.
(5) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis, at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.
46 Procedure after taking a sample of blood
(1) A registered medical practitioner or approved health professional who takes a blood sample in accordance with regulation 42 must ensure that—
(a) the sample of blood is placed into 2 dry collection units, each containing approximately the same amount of blood; and
(b) each collection unit is vacuum sealed or sealed with a septum seal; and
(c) each collection unit in which the sample is placed bears a label stating—
(i) that the collection unit holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and
(ii) the name of the chemist, approved laboratory or pharmaceutical organisation that prepared the collection unit; and
(d) each collection unit has attached to it a label bearing—
(i) the signature of the registered medical practitioner or approved health professional; and
(ii) the date and the time the blood sample was taken; and
(iii) the name of the person from whom the sample was taken (or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken); and
(iv) if known, the identification number or code enabling the sample to be identified by the approved laboratory or drug testing service.
(2) The registered medical practitioner or approved health professional must ensure that the collection units are transported to an approved laboratory or drug testing service for analysis.
(3) The approved laboratory or drug testing service must—
(a) analyse the sample of blood in one of the collection units for the presence of alcohol or a drug of dependence; and
(b) store the other collection unit for a period of not less than 12 months.
(4) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the approved laboratory or drug testing service for the sample in the stored collection unit to be sent for analysis at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member.
Division 5—Certificates to be completed after taking a sample
47 Certificate to be completed after taking a sample of breath
The person operating a breath analysing instrument must, after administering a breath test, complete and give to the Chief Commissioner a certificate that contains the following particulars—
(a) the concentration of alcohol indicated by the breath analysing instrument to be present in the member's breath;
(b) the serial number of the breath analysing instrument;
(c) the sample number;
(d) the location of the analysis;
(e) the name of the member whose breath is analysed;
(f) the name of the person operating the breath analysing instrument;
(g) the results of the self test conducted by the breath analysing instrument before and after the member's breath is analysed;
(h) the results of zero tests conducted by the breath analysing instrument before and after the member's breath is analysed;
(i) the date and the time the member's breath was analysed.
48 Certificate to be completed after taking a sample of urine, hair or oral fluid or a buccal swab
A person who takes a sample of urine, hair, oral fluid or a buccal swab from a member must complete and give to the member a certificate stating—
(a) the full name of the person who took the sample; and
(b) that the person was the person who took the sample from the member; and
(c) the date and the time the sample was taken; and
(d) that a sufficient sample was taken to enable the testing for the presence of alcohol or a drug of dependence; and
(e) unless paragraph (f) applies, if known, the approved laboratory or drug testing service where the sample will be sent for testing and the identification number or code enabling the sample to be identified by that approved laboratory or drug testing service; and
(f) if the sample is a urine sample that is subjected to preliminary on-site screening and the screening does not indicate the presence of a drug of dependence, that the sample is to be disposed of as soon as practicable in accordance with regulation 39(6).
49 Certificate to be completed after taking a sample of blood
A registered medical practitioner or approved health professional who takes a blood sample from a member must complete and give to the member a certificate stating—
(a) the medical practitioner's or approved health professional's full name; and
(b) that the registered medical practitioner or approved health professional was the medical practitioner or approved health professional who took the sample from the member; and
(c) the date and the time the sample of blood was taken; and
(d) that a sufficient sample of blood was taken to enable the testing for the presence of alcohol or a drug of dependence; and
(e) if known, the approved laboratory or drug testing service where the sample of blood will be sent for testing and the identification number or code enabling the sample to be identified by that approved laboratory or drug testing service.
Division 6—Analysis of samples
50 Analysis of a sample of urine, hair, oral fluid, a buccal swab or blood
An approved laboratory or drug testing service that receives a sample of urine, hair, oral fluid, a buccal swab or blood for the purposes of Part 5 of the Act must analyse the sample for the presence of alcohol or a drug of dependence and provide a report on the analysis of that sample to the Chief Commissioner.
51 Certificate of analysis of a sample of urine, hair, oral fluid, a buccal swab or blood
(1) As soon as practicable after an approved laboratory or drug testing service has analysed the sample of urine, hair, oral fluid, a buccal swab or blood, the approved laboratory or drug testing service must give a certificate to the Chief Commissioner.
(2) The certificate must state—
(a) the full name of the member from whom the sample was taken; and
(b) the date when the sample was received in the approved laboratory or drug testing service for analysis; and
(c) that a collection unit holding the member's sample—
(i) was received at the approved laboratory or drug testing service; and
(ii) was sealed, labelled and marked in the manner specified in regulation 43, 44, 45 or 46; and
(d) that the seal of the collection unit was unbroken; and
(e) the name of the approved laboratory or drug testing service where the sample was analysed; and
(f) the approved laboratory identification number of the sample; and
(g) the date when the analysis was conducted; and
(h) the results of the analysis of the sample; and
(i) the signature and name of the person or persons who conducted the analysis; and
(j) any factors which may have affected the analysis results.
(3) The Chief Commissioner must provide a copy of the certificate to the member from whom the sample was taken as soon as practicable.
Division 7—Handling of information and confidentiality
52 Confidentiality of test results
(1) All records that relate to or include any of the following must be kept in a secure location—
(a) a testing direction given to a member under Part 5 of the Act or a direction given in the circumstances set out in section 86(2) of the Act;
(b) any sample given or taken for testing for the presence of alcohol or drugs under Part 5 of the Act;
(c) the result of any testing of a sample under Part 5 of the Act.
(2) A person must not disclose to any other person any information revealed by the testing of a sample under Part 5 of the Act unless—
(a) that information is already publicly known; or
(b) disclosure of that information is necessary or authorised under Part 5 of the Act; or
(c) disclosure of that information is necessary for the investigation of any offence; or
(d) the member consents; or
(e) disclosure of that information is to members of Victoria police personnel solely for the purposes of—
(i) research and development of the health of Victoria Police as a workplace; or
(ii) the management, supervision and support of the member in the workplace; or
(iii) the investigation of alleged breaches of ethical standards and other misconduct in Victoria Police; or
(f) the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that may be used to identify the member who gave the sample.
Division 8—Annual reporting
53 Information to be included in annual report
(1) In respect of each financial year, the Chief Commissioner must include the following information in the report prepared under section 12 of the Act—
(a) the number of critical incident tests involving taking of samples conducted during the relevant year;
(b) the number of targeted tests involving taking of samples conducted during the relevant year;
(c) the number of designated work unit and designated work function tests involving taking of samples conducted during the relevant year;
(d) the number of random tests involving the taking of samples conducted during the relevant year;
(e) the number of persons tested;
(f) the number of those tests that confirm the presence of alcohol;
(g) the number of those tests that confirm the presence of drugs of dependence.
(2) For the purposes of subregulation (1)(g) above, the annual report must identify the type of substance found in a person’s body.
(3) The above information for the current and preceding financial year will be included in the annual report.
(4) Subregulation 3 does not apply to the 2023–24 annual report.
Part 6—Discipline
54 Inquiries conducted by Chief Commissioner or authorised officer
(1) If a police officer or protective services officer is charged with a breach of discipline under Part 7 of the Act, the Chief Commissioner or authorised person must give the officer at least 7 days' notice of the inquiry into the charge.
(2) The Chief Commissioner or authorised person may determine whether any person making a complaint against a police officer or protective services officer which leads to a charge being laid may make a submission at the inquiry.
(3) The Chief Commissioner or authorised person may determine that an inquiry is not open to the public.
55 Amending charges
(1) The Chief Commissioner or authorised person may amend a charge under Part 7 of the Act.
(2) If a charge is amended by the Chief Commissioner or authorised person, the police officer or protective services officer charged must be given reasonable notice to allow the officer adequate time to respond to the amended charge.
56 Payment of penalties
A deduction from a police officer or protective services officer's pay under section 133(2) of the Act may be made as a lump sum or by instalments.
Part 7—Appeals and reviews
Division 1—Appeals
57 Requirements for an appeal
(1) An appeal under section 141 or 142 of the Act must—
(a) be in writing; and
(b) state the grounds of appeal.
(2) Unless the PRS Board otherwise determines, a police officer or protective services officer is not entitled to appeal against any promotion or transfer if the person—
(a) did not satisfy the qualifications, eligibility criteria or time-in-position requirements to apply for the position; or
(b) is a person whose application for a transfer or promotion to the position has lapsed under regulation 16 or 21.
58 Procedure on an appeal
(1) The PRS Board must send a copy of the appeal to the Chief Commissioner and to the person who was selected for promotion or transfer within one business day.
Note
Section 156 of the Act provides that as soon as practicable after an appeal or an application for review is lodged, the PRS Board must notify the Chief Commissioner.
(2) The PRS Board must advise the appellant, the person who was selected for promotion or transfer and the Chief Commissioner of the time and location of the hearing of the appeal.
(3) The PRS Board must—
(a) cause a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of the appellant's application for the promotion or transfer to be made available to the person who was selected for promotion or transfer for a reasonable period, being not less than 48 hours, before the hearing of the appeal; and
(b) cause a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of the selected person's application to be made available to the appellant for a reasonable period, being not less than 48 hours, before the hearing of the appeal.
Note
Section 158 of the Act provides that the appellant, the person selected and the Chief Commissioner may appear on an appeal, but only the Chief Commissioner may be represented by another person.
59 Decision of the PRS Board—Appeals
The PRS Board must give a copy of its decision on an appeal to the Chief Commissioner, the appellant and the person selected for promotion or transfer within 14 days after the decision is made.
Division 2—Reviews
60 Applications for review
An application for review under section 146 of the Act must—
(a) be in writing; and
(b) state the grounds for the application for review.
61 Action to be taken after lodgement of an application for review
(1) The PRS Board must advise the applicant and the Chief Commissioner of the time and location of the hearing of the review.
(2) The PRS Board must give the applicant and the Chief Commissioner at least 7 days' notice of the hearing.
62 Decision of PRS Board—Reviews
The PRS Board must give a copy of its decision on a review to the Chief Commissioner and to the applicant within 14 days after the decision is made.
Division 3—General
63 Witness expenses
The expenses payable to witnesses appearing before the PRS Board are the same as the allowances payable to prosecution witnesses under the Criminal Procedure Regulations 2020[1].
Part 8—Complaints and investigations
64 Information to be provided by the Chief Commissioner to the IBAC
(1) For the purposes of section 169(2) of the Act, the prescribed details of the complaint are—
(a) the date and the time the complaint was received; and
(b) the details of the person or persons making the complaint; and
(c) the details of the person or persons against whom the complaint is being made; and
(d) the date, time and location of the incident; and
(e) the nature and details of the incident; and
(f) the details of any witnesses or persons present at the incident; and
(g) the details of any action taken by Victoria Police in response.
(2) For the purposes of section 169(3) of the Act, the prescribed details of the investigation are—
(a) the date and the time the complaint was received; and
(b) the details of the person or persons making the complaint; and
(c) the details of the person or persons against whom the complaint is being made; and
(d) the date, time and location of the incident; and
(e) the nature and details of the incident; and
(f) the details of any witnesses or persons present at the incident; and
(g) the details of any action taken by Victoria Police in response.
Schedule 2—Types of service for purposes of long service leave entitlement
Regulation 24(b)
Service with—
(a) a Government Department of the Commonwealth or of a State or Territory; or
(b) the Australian Defence Force; or
(c) the public service of the Commonwealth or of a State or Territory; or
(d) the teaching service of the Commonwealth or of a State or Territory; or
(e) an authority, whether or not incorporated, that is constituted by or under a law of the Commonwealth or a State or Territory for a public purpose; or
(f) a local governing body that is established by or under a law of a State or Territory; or
(g) a body set up by legislation primarily and exclusively to achieve a purpose of the Government of the Commonwealth or of a State or Territory and in relation to which the Government of the Commonwealth or of a State or Territory has substantial control or influence beyond the usual level of scrutiny of Government funded bodies.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victoria Police Regulations 2024, S.R. No. 42/2024 were made on 4 June 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 277 of the Victoria Police Act 2013, No. 81/2013 and came into operation on 23 June 2024: regulation 3.
The Victoria Police Regulations 2024 will sunset 10 years after the day of making on 4 June 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Victoria Police Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Reg. 63: S.R. No. 134/2020 as amended by S.R. No. 57/2022.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 42/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 39 (Procedure for taking a sample of urine) and Regulation 43 (Procedure after taking a sample of urine) | Australian/New Zealand Standard AS/NZS 4308 Procedures for specimen collection and the detection and quantification of drugs in urine, published jointly by, or on behalf of, Standards Australia and Standards New Zealand | The whole |
| Regulation 41 (Procedure for taking a sample of oral fluid or a buccal swab) and Regulation 45 (Procedure after taking a sample of oral fluid or a buccal swab) | Australian/New Zealand Standard AS/NZS 4760 Procedure for specimen collection and the detection and quantification of drugs in oral fluid, published jointly by, or on behalf of, Standards Australia and Standards New Zealand | The whole |