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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Police Regulation (Miscellaneous Amendments) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Time limit for appealing non-selection for promotion or
transfer--members 2
5. Chief Commissioner consultation with DPP 3
6. Other consultation with DPP 3
7. Composition of Police Appeals Board 5
8. Time limit for applying for review 5
9. Constitution of Appeals Board for termination and dismissal
reviews 6
10. New section 91MA inserted 6
91MA. Hearings to be public unless otherwise ordered 6
11. Contempt of Appeals Board 7
12. New section 91T inserted 7
91T. Extension of time 7
13. Time limit for appealing non-selection for promotion or
transfer--protective services officers 7
14. Disposal of unclaimed property 8
15. Disputed property in police possession 8
16. Fees and charges for police services 8
17. New First Schedule inserted 9
18. Consequential repeal 12
ENDNOTES 13
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541152B.I1-23/11/2000 BILL LA CIRCULATION 23/11/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 22 November 2000
A BILL
to amend the Police Regulation Act 1958 in respect of the
disciplinary provisions, the Police Appeals Board and other
miscellaneous matters and for other purposes.
Police Regulation (Miscellaneous
Amendments) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Police
Regulation Act 1958 in respect of the
disciplinary provisions, the Police Appeals Board
5 and other miscellaneous matters.
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Police Regulation (Miscellaneous Amendments) Act 2000
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See:
5 In this Act, the Police Regulation Act 1958 is Act No.
called the Principal Act. 6338.
Reprint No. 8
as at
15 October
1998
and
amending
Act Nos
30/1999 and
61/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Time limit for appealing non-selection for promotion
or transfer--members
In section 8AA of the Principal Act, after sub-
10 section (3) insert--
"(4) An appeal must be lodged within 10 days
after the day on which the member is
notified of the member selected for
promotion or transfer.
15 (5) If the regulations provide for the notification
of members selected for promotion or
transfer, a member is to be taken, for the
purposes of sub-section (4), to have been
notified of a member selected for promotion
20 or transfer on the day on which the selection
is notified in accordance with the
regulations.".
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5. Chief Commissioner consultation with DPP
In section 71 of the Principal Act, after
sub-section (1) insert--
"(2) If the Chief Commissioner or authorised
5 officer reasonably believes that the member
has committed an offence referred to in the
First Schedule, the Chief Commissioner or
authorised officer must not charge the
member with the commission of a breach of
10 discipline until the Chief Commissioner or
authorised officer has consulted the Director
of Public Prosecutions.
(2A) If the Chief Commissioner or authorised
officer reasonably believes that the member
15 has committed any other offence, the Chief
Commissioner or authorised officer may
consult the Director of Public Prosecutions
before charging the member with the
commission of a breach of discipline.".
20 6. Other consultation with DPP
(1) In section 86P of the Principal Act, after sub-
section (5) insert--
"(6) At any time during or after completing an
investigation, the Deputy Ombudsman may
25 refer to the Director of Public Prosecutions
the question of whether or not criminal
proceedings should be taken against any
member of the force.
(7) If the Deputy Ombudsman refers a question
30 to the Director of Public Prosecutions under
sub-section (6), the Deputy Ombudsman
must include that fact, and any details of the
referral that he or she considers appropriate,
in the report on the investigation under sub-
35 section (5).".
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(2) In section 86R of the Principal Act, for sub-
section (3) substitute--
"(3) After receiving the report on an investigation
or further investigation completed by the
5 Chief Commissioner, the Deputy
Ombudsman may--
(a) in writing request the Chief
Commissioner to take any action the
Deputy Ombudsman considers
10 appropriate in addition to any action
taken or proposed to be taken by the
Chief Commissioner or in substitution
for any action proposed to be taken by
the Chief Commissioner;
15 (b) refer to the Director of Public
Prosecutions the question of whether or
not criminal proceedings should be
taken against any member of the force.
(4) If the Deputy Ombudsman refers a question
20 to the Director of Public Prosecutions under
sub-section (3)(b)--
(a) the Deputy Ombudsman must notify the
Chief Commissioner in writing--
(i) of the referral; and
25 (ii) of the advice received from the
Director of Public Prosecutions in
respect of the referral; and
(b) the Chief Commissioner must not take
any disciplinary action, or further
30 disciplinary action, against a member
who is the subject of the referral until
the Chief Commissioner has received
the Deputy Ombudsman's notification
under paragraph (a)(ii).".
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(3) In section 86S of the Principal Act, after sub-
section (3) insert--
"(4) If the Minister refers a question to the
Director of Public Prosecutions under sub-
5 section (3)--
(a) the Minister must notify the Chief
Commissioner in writing--
(i) of the referral; and
(ii) of the advice received from the
10 Director of Public Prosecutions in
respect of the referral; and
(b) the Chief Commissioner must not take
any disciplinary action, or further
disciplinary action, against a member
15 who is the subject of the referral until
the Chief Commissioner has received
the Minister's notification under
paragraph (a)(ii).".
7. Composition of Police Appeals Board
20 In section 89 of the Principal Act--
(a) in sub-section (1), for "2 deputy
chairpersons" substitute "2 or more deputy
chairpersons";
(b) in sub-section (2), for "One" substitute
25 "At least one".
8. Time limit for applying for review
In section 91F of the Principal Act, after sub-
section (2) insert--
"(2A) An application for a review must be made
30 within 14 days after the member is notified
of the making of the decision to which the
application relates.".
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9. Constitution of Appeals Board for termination and
dismissal reviews
In section 91M of the Principal Act--
(a) in sub-section (1), for "all its members"
5 substitute "3 of its members (at least one of
whom is a legal practitioner of at least
5 years' standing)";
(b) in sub-section (3), for "sub-section (2)"
substitute "sub-sections (1) and (2)".
10 10. New section 91MA inserted
After section 91M of the Principal Act insert--
"91MA. Hearings to be public unless otherwise
ordered
(1) Subject to this section, all hearings of the
15 Appeals Board must be held in public.
(2) The Appeals Board, on its own initiative or
on the application of a party, may direct that
a hearing or any part of it be held in private,
if the Appeals Board is satisfied that the
20 holding of the hearing or part in private
would facilitate the conduct of the
proceeding or would otherwise be in the
public interest.
(3) If the Appeals Board considers it necessary
25 to do so in the public interest, it may make
an order prohibiting the reporting or other
publication or disclosure of any hearing or
part of a hearing or of any information
derived from the hearing or part, except by,
30 or with the leave of, the Appeals Board.
(4) If an order is made under sub-section (3), the
Appeals Board must cause a copy of the
order to be displayed in a conspicuous place
where the hearing is held.".
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11. Contempt of Appeals Board
In section 91R of the Principal Act, after
paragraph (c) insert--
"(ca) contravene an order under section 91MA(3)
5 that has been displayed in accordance with
section 91MA(4); or".
12. New section 91T inserted
After section 91S of the Principal Act insert--
"91T. Extension of time
10 (1) The Appeals Board, on application by any
person, may extend any time limit fixed--
(a) by or under this Act for the lodging of
an appeal or the making of an
application for a review; or
15 (b) by or under this Act or the regulations
for the doing of any other thing in, or in
relation to, a proceeding before the
Appeals Board.
(2) The Appeals Board may--
20 (a) extend a time limit even if the time has
expired before an application for
extension is made;
(b) impose conditions on the extension of a
time limit.".
25 13. Time limit for appealing non-selection for promotion
or transfer--protective services officers
(1) In section 118B(4) of the Principal Act, omit "or
transfer".
(2) In section 118B of the Principal Act, after sub-
30 section (4) insert--
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"(4A) An appeal must be lodged within 10 days
after the day on which the officer is notified
of the officer selected for promotion.
(4B) If the regulations provide for the notification
5 of officers selected for promotion, an officer
is to be taken, for the purposes of sub-section
(4A), to have been notified of an officer
selected for promotion on the day on which
the selection is notified in accordance with
10 the regulations.".
(3) In section 118B(6) of the Principal Act, omit "or
transfer".
14. Disposal of unclaimed property
In section 122 of the Principal Act--
15 (a) in sub-section (3), for "police gaol within the
meaning of the Community Services Act
1970" substitute "police gaol under Part 3 of
the Corrections Act 1986";
(b) in sub-section (5), after "an officer" insert
20 ", or a person authorised in writing by the
Chief Commissioner to direct the disposal of
property,".
15. Disputed property in police possession
In section 125 of the Principal Act, after "warrant
25 to seize property" insert "issued under section 73
of the Magistrates' Court Act 1989".
16. Fees and charges for police services
In section 130(1) of the Principal Act, for
paragraph (de) substitute--
30 "(de) prescribing fees or charges that may be
imposed for the provision of services by
members of the force or persons employed in
the office of the Chief Commissioner;".
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17. New First Schedule inserted
Before the Second Schedule to the Principal Act
insert--
"FIRST SCHEDULE
5 Section 71(2)
REPORTABLE OFFENCES
PART 1--LEVEL 1, 2, 3 OR 4 OFFENCES OR THEIR
EQUIVALENT
1.1 Any level 1, 2, 3 or 4 offence.
10 1.2 Any indictable offence that is punishable by--
(a) level 1, 2, 3 or 4 imprisonment; or
(b) a level 1, 2, 3 or 4 fine; or
(c) both level 1, 2, 3 or 4 imprisonment and a level 1, 2, 3
or 4 fine.
15 1.3 Any indictable offence (other than an offence referred to in
item 1.1 or 1.2) that is punishable by a maximum term of
imprisonment of 15 years or more or a maximum fine of
1800 penalty units or more, or both.
PART 2--OTHER CRIMES ACT OFFENCES
20 2.1 Offences against the person
An offence under section 18, 19(1), 20, 21, 21A(1), 22, 23,
24, 26, 28, 29(1), 30, 31(1) or 31A(1) of the Crimes Act
1958.
2.2 Sexual offences
25 An offence under section 39(1), 40(1), 44(3) or (4), 45(1),
47(1), 48(1), 49(1), 51, 52, 53, 54, 55, 56, 57, 58, 59(1),
60(1), 60A(1), 68, 69 or 70(1) of the Crimes Act 1958.
2.3 Child stealing
An offence under section 63 of the Crimes Act 1958.
30 2.4 Theft
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An offence under section 74 of the Crimes Act 1958.
2.5 Burglary
An offence under section 76 of the Crimes Act 1958.
2.6 Fraud
5 An offence under section 81, 82, 83, 83A or 86 of the
Crimes Act 1958.
2.7 Secret commissions
An offence under section 176, 178 or 181 of the Crimes
Act 1958.
10 2.8 Destroying or damaging property
An offence under section 197(1) or (3), 198 or 199 of the
Crimes Act 1958 if the Chief Commissioner reasonably
believes that the amount or value of the property alleged to
be destroyed or damaged exceeds $500.
15 2.9 False statements
An offence under section 247 of the Crimes Act 1958.
2.10 Contamination of Goods
An offence under section 249, 250 or 251 of the Crimes
Act 1958.
20 2.11 Offences connected with explosive substances
An offence under section 317(3) or (4) or 317A of the
Crimes Act 1958.
2.12 Conspiracy to commit an offence
An offence under section 321(1) of the Crimes Act 1958.
25 2.13 Incitement
An offence under section 321G(1) of the Crimes Act 1958
in relation to an indictable offence referred to elsewhere in
this Schedule or an offence that, if committed in Victoria,
would be an indictable offence referred to elsewhere in this
30 Schedule.
2.14 Attempts
An offence--
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(a) under section 321M or 321O(2) of the Crimes Act
1958 of attempting to commit an indictable offence
referred to elsewhere in this Schedule; or
(b) an offence under section 321O(1) of the Crimes Act
5 1958 of attempting to commit in another State or in a
Territory an offence which, if committed in whole or
in part in Victoria, would be an indictable offence
referred to elsewhere in this Schedule.
2.15 Accessories
10 An offence under section 325(1) of the Crimes Act 1958 in
relation to a serious indictable offence (within the meaning
of that section) referred to elsewhere in this Schedule.
2.16 Concealing offences for benefit
An offence under section 326 of the Crimes Act 1958 in
15 relation to a serious indictable offence (within the meaning
of that section) referred to elsewhere in this Schedule.
2.17 Escapes
An offence under section 479A, 479B or 479C of the
Crimes Act 1958.
20 PART 3--OTHER STATUTORY OFFENCES
3.1 Any indictable offence under any of the following Acts (not
being an offence referred to in Part 1)--
(a) Drugs, Poisons and Controlled Substances Act
1981;
25 (b) Firearms Act 1996;
(c) Prostitution Control Act 1994;
(d) Road Safety Act 1986.
3.2 An offence under section 95(1), 96(1), 127 or 127A of this
Act.
30 3.3 An offence under section 22 of the Crimes (Family
Violence) Act 1987.
PART 4--COMMON LAW OFFENCES
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4. The following offences at common law (not being an
offence referred to in Part 1)--
(a) common assault involving an allegation of--
(i) any physical injury; or
5 (ii) the use of an offensive weapon within the
meaning of section 77(1A) of the Crimes Act
1958 (regardless of whether or not there is any
alleged physical injury);
(b) false imprisonment;
10 (c) affray;
(d) bribery of public official;
(e) misconduct in public office.".
18. Consequential repeal
No. 61/1999.
In the Police Regulation (Amendment) Act
15 1999, section 7 is repealed.
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Police Regulation (Miscellaneous Amendments) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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