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PARLIAMENT OF VICTORIA
Police Regulation (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Abolition of Police Board 3
6. Consequential amendments to Parts I and IV 3
7. Chief Commissioner to consult with DPP before laying charges 5
8. Consequential amendment of sections 86AB and 86J 6
9. New heading to Part V 6
10. New Division 1 substituted in Part V 6
Division 1--Establishment of Police Appeals Board 6
87. Establishment of Appeals Board 6
88. Functions of Appeals Board 6
89. Membership of Appeals Board 7
90. Remuneration 7
91. Vacancies, resignation and removal from office 7
91A. Acting members 8
91B. Effect of vacancy or defect 9
91C. Annual report of the Appeals Board 9
11. Appeals and reviews by Appeals Board 9
12. New section 91G substituted 10
91G. Appeals Board's powers on a review 10
13. Procedure on review 11
14. New Division 3 inserted in Part V 12
Division 3--General Procedure of Appeals Board 12
91J. Natural justice 12
91K. Appeal Board must have regard to public interest and
interests of applicant on review 12
91L. General procedure of Appeals Board 12
91M. Constitution of Appeals Board for appeals and reviews 13
91N. Appearance and representation 14
91O. Evidence 14
91P. Witness summons 14
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Clause Page
91Q. Chief Commissioner to give effect to Appeals Board
orders and decisions 16
91R. Contempt of Appeals Board 16
91S. Protection of participants 16
15. Police reservists and protective service officers 17
16. New section 123 inserted 17
123. Immunity of members 17
17. Regulations 18
18. New section 131 inserted 18
131. Transitional provisions on abolition of Police Board and
Police Review Commission 18
19. Consequential repeal of Schedule 1A 19
20. Consequential amendments 20
__________________
SCHEDULE--Consequential amendments 21
NOTES 22
ii
541022B.I1-3/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 December 1999
A BILL
to amend the Police Regulation Act 1958 to establish a Police
Appeals Board, to abolish the Police Board and Police Review
Commission, to provide members of the police force with protection
from civil action arising from the performance of their duties, to
amend the Juries Act 1967 and the Ombudsman Act 1973 and for
other purposes.
Police Regulation (Amendment) Act
1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Police
Regulation Act 1958--
(a) to establish the Police Appeals Board;
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s. 2
Act No.
(b) to abolish the Police Board and the Police
Review Commission;
(c) to protect members of the police force from
civil action arising from the performance of
5 their duties;
(d) to amend the Juries Act 1967 and the
Ombudsman Act 1973.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
10 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2001, it comes into
operation on that day.
No. 6338. 3. Principal Act
Reprint No. 8
15 In this Act, the Police Regulation Act 1958 is
as at
15 October
called the Principal Act.
1998. Further
amended by
No. 30/1999.
4. Definitions
In section 3(1) of the Principal Act--
(a) the definitions of "appointed member" and
20 "Police Board" are repealed;
(b) insert the following definitions--
' "Appeals Board" means Police Appeals
Board established by section 87;
"insolvent under administration" means--
25 (a) a person who is an undischarged
bankrupt; or
(b) a person who has executed a deed
of arrangement under Part X of
the Bankruptcy Act 1966 of the
30 Commonwealth (or the
corresponding provisions of the
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law of another jurisdiction) if the
terms of the deed have not been
fully complied with; or
(c) a person whose creditors have
5 accepted a composition under
Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
10 a final payment has not been made
under that composition; or
(d) a person for whom a debt
agreement has been made under
Part IX of the Bankruptcy Act
15 1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
the debt agreement has not ended
or has not been terminated;
20 "legal practitioner" has the same meaning
as in the Legal Practice Act 1996;'.
5. Abolition of Police Board
Sections 4A, 4B, 4C, 4D, 4E, 4F and 4G of the
Principal Act are repealed.
25 6. Consequential amendments to Parts I and IV
(1) In section 8AA(1) of the Principal Act for "Police
Review Commission" substitute "Appeals
Board".
(2) In the Principal Act--
30 (a) in sections 68A(3) and 68B(1) for "Police
Board" substitute "Appeals Board".
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(b) in section 68C(1)--
(i) after "review" insert "under this
Division";
(ii) for "Police Board" substitute "Appeals
5 Board";
(c) in section 68C, sub-sections (2) and (4) are
repealed;
(d) in section 68D(1)--
(i) for "Police Board" substitute "Appeals
10 Board";
(ii) for "the Board" (wherever occurring)
substitute "the Appeals Board";
(e) in section 68D(2), (4) and (5), for "Board"
(wherever occurring) substitute "Appeals
15 Board".
(f) in section 68E, sub-sections (1) and (2) are
repealed;
(g) in section 68E(3)--
(i) for "Board" (where first occurring)
20 substitute "Appeals Board in a review
under this Division";
(ii) in paragraphs (a) and (b) for "Board"
substitute "Appeals Board";
(h) in section 68E(5), for "Board" substitute
25 "Appeals Board";
(i) in section 68F(1)--
(i) after "review" insert "under this
Division";
(ii) for "Board" substitute "Appeals
30 Board";
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(j) in section 68F--
(i) in sub-section (2) for "Board"
substitute "Appeals Board";
(ii) sub-sections (3) and (4) are repealed;
5 (k) in section 68G--
(i) sub-section (1) is repealed;
(ii) in sub-section (2) for "the review"
substitute "a review under this
Division";
10 (l) in section 68G(3)--
(i) for "Board" substitute "Appeals
Board";
(ii) after "review" (where first occurring)
insert "under this Division";
15 (m) sections 68H and 68I are repealed.
(3) In section 70(4) of the Principal Act for "Police
Review Commission" substitute "Appeals
Board".
7. Chief Commissioner to consult with DPP before
20 laying charges
After section 71(1) of the Principal Act insert--
"(2) If the Chief Commissioner or authorised
officer reasonably believes that the member
may have committed an offence, the Chief
25 Commissioner or authorised officer must not
charge him or her with the commission of a
breach of discipline until the Chief
Commissioner or authorised officer has
consulted the Director of Public
30 Prosecutions.".
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8. Consequential amendment of sections 86AB and 86J
In the Principal Act--
(a) in section 86AB(1) for "any such action and
on any action taken by the Chief
5 Commissioner upon reviews by the Police
Review Commission or the Police Board"
substitute "that action (including the result
of any Appeals Board review of that
action)";
10 (b) in section 86J(5) for "Police Service Board
or the Police Discipline Board" substitute
"Appeals Board".
9. New heading to Part V
For the heading to Part V of the Principal Act
15 substitute--
"PART V--POLICE APPEALS BOARD".
10. New Division 1 substituted in Part V
For Division 1 of Part V of the Principal Act
substitute--
20 "Division 1--Establishment of Police Appeals
Board
87. Establishment of Appeals Board
The Police Appeals Board is established.
88. Functions of Appeals Board
25 The functions of the Appeals Board are--
(a) to hear and determine appeals under
section 8AA or 118B(4);
(b) to conduct reviews of decisions on
application under section 91F;
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(c) to conduct reviews under Division 1 of
Part IV;
(d) any other functions conferred on it by
or under this or any other Act.
5 89. Membership of Appeals Board
(1) The Appeals Board consists of a chairperson
and 2 deputy chairpersons appointed by the
Governor in Council.
(2) One of the members of the Appeals Board
10 must be a legal practitioner of at least 5
years' standing.
(3) A member holds office, subject to this Act,
for the term specified in his or her instrument
of appointment, not exceeding 3 years from
15 the date of appointment, and is eligible for
re-appointment.
(4) The Public Sector Management and
Employment Act 1998 does not apply to a
member in respect of the office of member.
20 90. Remuneration
A member of the Appeals Board is entitled
to be paid the remuneration and allowances
(if any) fixed from time to time by the
Governor in Council.
25 91. Vacancies, resignation and removal from
office
(1) The office of a member of the Appeals
Board becomes vacant if he or she--
(a) becomes an insolvent under
30 administration; or
(b) is convicted of an offence punishable
by imprisonment; or
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(c) resigns from office by delivering a
signed letter of resignation to the
Minister; or
(d) is removed from office under sub-
5 section (2).
(2) The Governor in Council, on the
recommendation of the Minister, may
remove a member from office if the
member--
10 (a) becomes incapable of performing his or
her duties; or
(b) is negligent in the performance of those
duties; or
(c) engages in improper conduct; or
15 (d) is convicted of an offence.
91A. Acting members
(1) If a member of the Appeals Board is unable
to perform the duties of the office, the
Governor in Council may appoint a person
20 qualified to be appointed as that member to
act as the member during the period of
inability.
(2) The Governor in Council--
(a) subject to this Act, may determine the
25 terms and conditions of appointment of
an acting member; and
(b) may at any time terminate the
appointment.
(3) While the appointment of an acting member
30 remains in force, the acting member has and
may exercise all the powers and perform all
the duties and functions of the member.
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91B. Effect of vacancy or defect
(1) An act or decision of the Appeals Board is
not invalid only because--
(a) of a vacancy in its membership; or
5 (b) of a defect or irregularity in the
appointment of any of its members.
(2) Sub-section (1)(a) does not apply in respect
of a review referred to in section 91M(1).
91C. Annual report of the Appeals Board
10 (1) The Appeals Board must prepare a report in
respect of each year ending on 30 June on its
work and activities for that year.
(2) The Appeals Board must submit the report to
the Minister not later than 30 September next
15 following.
(3) The Minister must cause a copy of each
report submitted to him or her under this
section to be laid before each House of the
Parliament as soon as possible after
20 receiving the report.".
11. Appeals and reviews by Appeals Board
(1) In the heading to Division 2 of Part V of the
Principal Act for "Commission" substitute
"Appeals Board".
25 (2) In the Principal Act--
(a) in section 91E, sub-section (2) is repealed;
(b) in section 91F(1) for "Commission"
substitute "Appeals Board";
(c) in section 91F(4), after the definition of
30 "general duties" insert--
' "member of the force" includes a person
who was a member of the force
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immediately before his or her dismissal
or the termination of his or her
appointment.'.
12. New section 91G substituted
5 For section 91G of the Principal Act substitute--
"91G. Appeals Board's powers on a review
(1) On a review under this Division, the Appeals
Board may, subject to this section--
(a) affirm the decision under review; or
10 (b) set aside the decision under review and,
in substitution for it, make any other
decision or determination that the
person who made the decision could
have made; or
15 (c) set aside the decision under review and
refer the matter for determination by
the Chief Commissioner in accordance
with any directions or
recommendations of the Appeals
20 Board.
(2) On a review of a decision to terminate a
member's appointment or to make a
determination to dismiss a member, the
Appeals Board may--
25 (a) order the Chief Commissioner to re-
instate the applicant as a member of the
force; or
(b) if the Appeals Board considers that it
would be impracticable to re-instate the
30 applicant, order the Chief
Commissioner to pay to the applicant
an amount of compensation not
exceeding the amount of remuneration
of the applicant during the period of 12
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s. 13
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months immediately before being
dismissed or terminated.
(3) Sub-section (2) does not apply to a review of
a decision to make a determination under
5 section 80(1)(e) to dismiss a member.
(4) If the applicant was on leave without full pay
during any part of the period of 12 months
immediately before being dismissed, the
maximum amount of compensation that may
10 be ordered under sub-section (2)(b) to be
paid is to be determined as if the applicant
had received full pay while on leave.
(5) When assessing any compensation payable,
the Appeals Board must take into account--
15 (a) whether the applicant made a
reasonable attempt to find alternative
employment; and
(b) the remuneration received in any
alternative employment or that would
20 have been payable if the applicant had
succeeded in obtaining alternative
employment.".
13. Procedure on review
In section 91H of the Principal Act--
25 (a) sub-section (1) is repealed;
(b) in sub-section (2)--
(i) for "a member who is the subject of an
appeal or review" substitute "an
appellant or applicant for review under
30 this Division";
(ii) for "inquiry, the Commission"
substitute "appeal or review, the
Appeals Board";
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(c) sub-section (3) is repealed.
14. New Division 3 inserted in Part V
After section 91I of the Principal Act insert--
'Division 3--General Procedure of Appeals
5 Board
91J. Natural justice
The Appeals Board is bound by the rules of
natural justice in all proceedings before it.
91K. Appeal Board must have regard to public
10 interest and interests of applicant on review
(1) Without limiting the matters to which the
Appeals Board is otherwise required or
permitted to have regard in any review under
this Act, the Board must have regard to--
15 (a) the public interest; and
(b) the interests of the applicant for review.
(2) For the purposes of this section--
"public interest" includes--
(a) the interest of maintaining the
20 integrity of, and community
confidence in, the force; and
(b) in the case of a review under
Division 1 of Part IV, the fact that
the Chief Commissioner made an
25 order under section 68(1).
91L. General procedure of Appeals Board
(1) The Appeals Board must conduct all
proceedings before it with as little formality
and technicality, and as much speed, as the
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requirements of this Act and the proper
consideration of the subject-matter permit.
(2) Subject to this Act, the Appeals Board may
regulate its own procedure.
5 91M. Constitution of Appeals Board for appeals
and reviews
(1) The following reviews are to be conducted
by the Appeals Board constituted by all its
members--
10 (a) a review of a decision to terminate a
member's appointment;
(b) a review of a decision to make a
determination to dismiss a member;
(c) a review under Division 1 of Part IV.
15 (2) Every other review, and every appeal, is to
be conducted by the Appeals Board
constituted by--
(a) the chairperson or a deputy chairperson
sitting alone; or
20 (b) the chairperson and a deputy
chairperson sitting together.
(3) For the purposes of sub-section (2), the
chairperson is to determine who is to hear an
appeal or review.
25 (4) If the Appeals Board is constituted for the
purposes of an appeal or review by more
than one member, any question arising on
the appeal or review is to be decided--
(a) according to the opinion of a majority
30 of the members of the Appeals Board;
or
(b) if the Appeals Board is constituted by
the chairperson and a deputy
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chairperson and they are divided in
opinion--according to the opinion of
the chairperson.
91N. Appearance and representation
5 An appellant or applicant for review under
this Act--
(a) may appear at the appeal or review; and
(b) in a review, may be represented by any
person other than a legal practitioner.
10 91O. Evidence
(1) The Appeals Board is not bound by the rules
of evidence or any practices or procedures
applicable to courts of record and, subject to
section 68E, may inform itself on any matter
15 as it sees fit.
(2) The Appeals Board may require evidence to
be given on oath and, for that purpose, a
member of the Appeals Board may
administer an oath or cause an oath to be
20 administered.
91P. Witness summons
(1) Subject to sections 68E and 68F, the
chairperson of the Appeals Board may issue
a summons to a person to attend the Appeals
25 Board to give evidence and produce any
documents that are referred to in the
summons.
(2) A summons to attend may be served on a
person--
30 (a) in person; or
(b) by sending it by post, facsimile or other
electronic means to the person at his or
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her usual or last known residential
address; or
(c) by leaving it at the person's usual or last
known residential address with a person
5 on the premises apparently at least
16 years old and apparently residing
there.
(3) A summons to attend is to be taken to have
been served on a person--
10 (a) in the case of delivery in person--at the
time of delivery;
(b) in the case of posting--2 business days
after the day on which the document
was posted;
15 (c) in the case of facsimile or other
electronic transmission--at the time the
transmission is received.
(4) If a facsimile or other electronic transmission
is received after 4.00 p.m. on any day, it is to
20 be taken to have been received on the next
business day.
(5) A person who has been properly served with
a summons to attend must not, without
reasonable excuse, fail to--
25 (a) attend as required by the summons until
he or she has been excused or released
from attendance by the Appeals Board;
or
(b) produce any document referred to in the
30 summons that is in his or her
possession.
Penalty: Imprisonment for 1 month or
10 penalty units or both.
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s. 14
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(6) In this section--
"business day" means a day other than--
(a) a Saturday or Sunday; or
(b) a public holiday or public half-
5 holiday in the place to where the
summons is sent or delivered.
91Q. Chief Commissioner to give effect to
Appeals Board orders and decisions
The Chief Commissioner must give effect to
10 an order or decision of the Appeals Board.
91R. Contempt of Appeals Board
A person must not--
(a) insult a member of the Appeals Board
while that member is performing
15 functions as member under this Act; or
(b) insult, harass, intimidate, obstruct or
hinder a person attending a hearing of
the Appeals Board; or
(c) misbehave at a hearing of the Appeals
20 Board; or
(d) do any other act in relation to a
proceeding before the Appeals Board
that would, if the Appeals Board were
the Supreme Court, constitute contempt
25 of that Court.
Penalty: Imprisonment for 3 months or
30 penalty units or both.
91S. Protection of participants
(1) A member of the Appeals Board has, in the
30 performance of his or her functions as
member under this Act, the same protection
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and immunity as a judge of the Supreme
Court has in the performance of his or her
duties as judge.
(2) A person representing a party in a
5 proceeding before the Appeals Board has the
same protection and immunity as a legal
practitioner has in representing a party in
proceedings in the Supreme Court.
(3) A party to a proceeding before the Appeals
10 Board has the same protection and immunity
as a party to proceedings in the Supreme
Court.
(4) A person appearing as a witness in a
proceeding before the Appeals Board has the
15 same protection and immunity as a witness
has in proceedings in the Supreme Court.'.
15. Police reservists and protective service officers
(1) In section 103(3) of the Principal Act for "sections
nineteen twenty and one hundred and twenty-four
20 and Parts IV and IVA" substitute "sections 19,
20, 123 and 124 and Parts IV, IVA and V".
(2) In section 118B(2) of the Principal Act for "Parts
IV and IVA" substitute "Parts IV, IVA and V and
section 123".
25 (3) In section 118B(4) of the Principal Act for "Police
Review Commission" substitute "Appeals
Board".
16. New section 123 inserted
After section 122 of the Principal Act insert--
30 '123. Immunity of members
(1) A member of the force or a police recruit is
not personally liable for anything necessarily
or reasonably done or omitted to be done in
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s. 17
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good faith in the course of his or her duty as
a member of the force or police recruit.
(2) Any liability resulting from an act or
omission that, but for sub-section (1), would
5 attach to a member of the force or police
recruit, attaches instead to the State.
(3) This section applies to acts or omissions
occurring before as well as after the
commencement of this section.
10 (4) In this section--
"police recruit" means a person appointed
under section 8A.'.
17. Regulations
In section 130(1)(f) and (h) of the Principal Act
15 for "Police Review Commission" substitute
"Appeals Board".
18. New section 131 inserted
After section 130 of the Principal Act insert--
"131. Transitional provisions on abolition of
20 Police Board and Police Review
Commission
(1) If--
(a) an application was made to the Police
Board for a review under Division 1 of
25 Part IV; and
(b) the Police Board had not begun to hear
the review before the commencement
of section 5 of the Police Regulation
(Amendment) Act 1999--
30 the review is to be heard by the Appeals
Board under this Act as in force after that
commencement.
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(2) If the Police Board had begun hearing a
review under Division 1 of Part IV before
the commencement of section 5 of the Police
Regulation (Amendment) Act 1999, the
5 review is to continue to be heard by the
Police Board in accordance with this Act as
in force immediately before that
commencement, and the Police Board
continues to exist for that purpose despite
10 that commencement.
(3) If--
(a) an appeal or an application for review
under Division 2 of Part V was made to
the Police Review Commission; and
15 (b) the Police Review Commission had not
begun to hear the review before the
commencement of section 10 of the
Police Regulation (Amendment) Act
1999--
20 the review is to be heard by the Appeals
Board under this Act as in force after that
commencement.
(4) If the Police Review Commission had begun
hearing an appeal or a review under
25 Division 2 of Part V before the
commencement of section 10 of the Police
Regulation (Amendment) Act 1999, the
review is to continue to be heard by the
Police Review Commission in accordance
30 with this Act as in force immediately before
that commencement, and the Police Review
Commission continues to exist for that
purpose despite that commencement.".
19. Consequential repeal of Schedule 1A
35 Schedule 1A to the Principal Act is repealed.
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20. Consequential amendments
An Act specified in the heading to an item in the
Schedule is amended, on the commencement of
that item, as set out in that item.
5 __________________
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Sch.
Act No.
SCHEDULE
CONSEQUENTIAL AMENDMENTS
Section 20
1. Juries Act 1967
5 In item 4 of Schedule 4 to the Juries Act 1967, for "Police
Service Board" substitute "Police Appeals Board".
2. Ombudsman Act 1973
In section 29(4) of the Ombudsman Act 1973, for "Police
Service Board or the Police Discipline Board" substitute
10 "Police Appeals Board".
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Police Regulation (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
22
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