Victorian Consolidated Legislation

POLICE REGULATION ACT 1958

No. 6338 of 1958
Version incorporating amendments as at 1 June 2008

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repealed
   3.      Definitions

   PART I-APPOINTMENTS AND RETIREMENTS

   4.      Constitution of the police force
   4AA.    Appointment of Acting Assistant Commissioner
   4AB.    Appointment of Acting Chief Commissioner
           4A-4G. Repealed
   5.      Authority of Chief Commissioner and officers
   6.      Powers of Deputy Commissioner
   6A.     Delegation by Chief Commissioner
   7.      Medical Board
   8.      Appointments to and promotions and transfers within the force
   8AA.    Appeals against non-selection for promotion
   8AB.    Grounds for promotion or transfer
   8A.     Police recruits
   9.      Repealed
   10.     Women to receive salaries etc. at same rate as men
   11.     Authority of constables
   12.     Repealed
   13.     Oath to be taken by members of the force
   14.     One month's notice of resignation to be given by members of
           the force
   15.     Repute to be evidence of appointment
   16.     All powers vested in members of the force to cease upon discharge
   16A.    Right to early retirement
   16B.    Incapacitated officers

   PART II-DUTIES AND DISCIPLINE

   17.     Standing orders etc.
   18.     Repealed
   18A.    Assistance to coroners
   19.     Members of police force who may execute process and
           warrants
   20.     Process directed to one may be executed by another

   PART III-SUPERANNUATION GRATUITIES PENSIONS ALLOWANCES AND FUNDS

           Division 1-Provisions applicable to members of the force
           appointed before November 25th 1902.

   21.     Division to apply to appointments before 25 November 1902.
   22.     Rate of superannuation allowance
   23.     Superannuation on account of ill health
   24.     Gratuity or yearly pension to members disabled in the performance of duty
   25.     Gratuity to members retiring from ill health
   26.     Conditions on which pensions are withdrawable
   27.     Members retiring after twenty years' service
   28.     Gratuity or pension to relatives where life lost on duty
   29.     Allowances of retiring members to be considered when estimating gratuity etc.
   30.     Dismissed members not entitled to pension
           31-35. Repealed
   36.     Time in other branches to count
   37.     Provision not to apply to transfer to police force from other public departments
   38.     Definition of service in this Division

           Division 2-Provisions applicable to members of the force appointed on or after 25th November 1902.
           Introductory

   39.     Definitions
           Application of this Division
   40.     Application to members of the force
   41.     Repealed
           Retirement pensions allowances and gratuities
   42.     Entitlement to pensions
   42A.    Pensioner may elect to convert part of pension entitlement to lump sum payment entitlement
   43.     Pensions and gratuities to members of the force
   44.     Entitlement of spouse to pension or gratuity
           44A, 44B Repealed
   45.     Allowances and gratuities to children and dependants
   46.     Scales of pensions, allowances and gratuities
   46A.    Member may elect to increase spouse's pension entitlement in certain circumstances
   46B.    Amount of pension payable to pensioner
           Approved service
   47.     Service to be reckoned for pension
           Grant revision forfeiture and offences in respect of pensions
   48.     Repealed
   49.     Power to reduce pension etc. where infirmity is due to misconduct
   50.     Assignment of benefits
   51.     Payment of benefits if person is incapable
   52.     Penalty for obtaining pension etc. by fraud
           Rateable deductions
   53.     Repealed
   54.     Dismissal etc. for misconduct
   55.     Repealed
           Saving of right of dismissal and reduction
   56.     Saving of right of dismissal and reduction in rank

           Division 3-Additional provisions
           Provisions of 1948 and 1949.

   57.     Definitions
   58.     Pensions of members who retired before 2 January 1948.
   59.     Retrospective increase in certain widows' pensions
           Provisions of 1950.
   60.     Definitions
   61.     Increase of rates of pension to pensioners who retired before 30 June 1950.
   62.     Increase of rates of pension to widows entitled to pension
           before 30 June 1950.
   63.     Appropriate retrospective adjustments to be made
           Provisions of 1955 and 1958.
   64.     Retrospective payments to pensioners widows and children already entitled to pensions etc.
           Provisions of 1960.
   64A.    Basic rate of pension
           General provision about final salary
   64B.    Final salary for superannuation benefit purposes
           Provision for indexation
   64C.    Indexation of pensions

           Division 4-ESS Board

   65.     Repealed
   66.     Applications for pensions, gratuities etc.
           67, 67A. Repealed
   67B.    Preservation of minimum benefit

           Division 5-Beneficiary choice program

   67C.    Definitions
   67D.    Application to participate
   67E.    Commutation

   PART IV-EMPLOYMENT, DISCIPLINARY AND OTHER MATTERS

           Division 1-Dismissal of unsuitable members

   68.     Chief Commissioner may dismiss unsuitable members
   68A.    Suspension pending decision
   68B.    Application for review of dismissal order
   68C.    Procedure on review
   68D.    What may the Appeals Board order?
   68E.    Evidence
   68F.    Witnesses
   68G.    Representation and costs
           68H, 68I. Repealed

           Division 2-Discipline

   69.     Breaches of discipline
   70.     Preliminary investigation
   71.     Charging
   72.     Form of charge
   73.     Inquiry into a charge
   74.     Authorised officers
   75.     Procedure on an inquiry
   76.     Determination of the inquiry
   77.     Enforcement of the determination
   78.     Adjournment of charge

           Division 3-Members alleged to have committed criminal offences punishable by imprisonment

   79.     Where member believed to have committed a criminal offence punishable by imprisonment
   80.     Where charge found proven against a member
   81.     Action not to be taken against a member twice

           Division 4-Fitness for duty

   82.     Inquiry into fitness for duty
   83.     Notice of the inquiry
   84.     Procedure at an inquiry
   85.     Determination of the inquiry

           Division 4A-Testing of Members for Alcohol or Drugs of Dependence

   85A.    Definitions
   85B.    Testing of members in certain circumstances
   85C.    Chief Commissioner may have regard to evidence in certain circumstances
   85D.    Taking of sample when member is unconscious or otherwise unable to comply with direction
   85E.    Admissibility of test result in certain proceedings
   85F.    Confidentiality of test results
   85G.    Offence to disclose identifying information
   85H.    Regulations

           Division 5-Effect of suspension dismissal or reduction of rank of
           a member

   86.     Suspension of a member
   86AAA.  Forfeiture of salary by suspended member
   86AA.   No compensation for dismissal or reduction of rank

           Division 6-Annual report of Chief Commissioner

   86AB.   Annual report of Chief Commissioner

   PART IVA-COMPLAINTS AND INVESTIGATIONS

           Division 1-Preliminary

   86A.    Definitions
   86B.    Provisions of this Act prevail
           86C-86I. Repealed
   86J.    Protection of Director etc.
   86JA.   Protection of legal practitioners and witnesses
   86K.    Offences
   86KA.   Confidentiality of summons
   86KB.   Contempt of Director
   86KC.   No double jeopardy
   86KD.   Repealed

           Division 2-Complaints and investigations

   86L.    Making of complaints
   86LA.   Whistleblowers Protection Act 2001 applies to certain complaints
   86M.    Complaints made to a member of the force
   86N.    Complaints made to the Director
   86NA.   Investigations initiated by Director
   86O.    Investigations by the Chief Commissioner
   86P.    Investigations by the Director
   86PA.   Evidence in Director investigations
   86PB.   Video-recording of examination
   86PC.   Underage and impaired witnesses
   86PD.   Arrest of recalcitrant witnesses
   86PE.   Witness already held in custody
   86Q.    Power to require answers etc. of a member of the force
   86QA.   Referral of matters to DPP
   86R.    Further investigations etc.
   86S.    Chief Commissioner to respond to Director
   86T.    Advice to complainant
   86TA.   Exemption from Freedom of Information Act 1982.
   86U.    Jurisdiction
   86V.    Prohibition of victimisation

           Division 3-Powers of entry, search and seizure

   86VA.   Definitions
   86VB.   Power to enter public authority premises
   86VC.   Power to seize documents or things at public authority premises
   86VD.   Copying of, access to or receipt for things seized
   86VE.   Procedure for documents that may be subject to legal professional privilege
   86VF.   Application to Magistrates' Court to decide on legal professional privilege
   86VG.   Application for return of things seized
   86VH.   Return of things seized
   86W.    Powers with search warrant
   86X.    Procedure for executing warrant
   86Y.    Copies or receipts to be given
   86Z.    Return of documents and other things

           Division 4-Oversight by special investigations monitor

   86ZA.   Role of Special Investigations Monitor
   86ZB.   Director must report summonses to Special Investigations Monitor
   86ZC.   Director must report arrest warrants to Special
           Investigations Monitor
   86ZD.   Director must report other matters to Special
           Investigations Monitor
   86ZE.   Complaints to Special Investigations Monitor
   86ZF.   Special Investigations Monitor may refuse to investigate complaint
   86ZG.   Investigation of complaints
   86ZH.   Recommendations by Special Investigations Monitor
   86ZI.   Requirement to provide assistance
   86ZJ.   Powers of entry and access
   86ZK.   Requirement to answer questions and produce documents
   86ZL.   Annual and other reports by Special Investigations
           Monitor
   86ZM.   Report on operation of this Part 86ZN. Delegation

   PART V-POLICE APPEALS BOARD

           Division 1-Establishment of Police Appeals Board

   87.     Establishment of Appeals Board
           87A, 87B Repealed
   88.     Functions of Appeals Board
           88A-88C Repealed
   89.     Membership of Appeals Board
   90.     Remuneration
   90A.    Repealed
   91.     Vacancies, resignation and removal from office
   91A.    Acting members
   91B.    Effect of vacancy or defect
   91C.    Annual report of the Appeals Board
   91D.    Repealed

           Division 2-Appeals and reviews by the Appeals Board

   91E.    Appeals to the Appeals Board
   91F.    Application for a review by the Appeals Board
   91G.    Appeals Board's powers on a review
   91H.    Appeal or review may proceed in absence of member
   91I.    Extension of action taken against member

           Division 3-General procedure of Appeals Board

   91J.    Natural justice
   91K.    Appeal Board must have regard to public interest and interests
           of applicant on review
   91L.    General procedure of Appeals Board
   91M.    Constitution of Appeals Board for appeals and reviews
   91MA.   Hearings to be public unless otherwise ordered
   91N.    Appearance and representation
   91O.    Evidence
   91P.    Witness summons
   91Q.    Chief Commissioner to give effect to Appeals Board orders
           and decisions
   91R.    Contempt of Appeals Board
   91S.    Protection of participants
   91T.    Extension of time

   PART VA-ENFORCEMENT

           Division 1-Reinstatement

   92.     Reinstatement of certain discharged etc. members of force

           Division 2-Offences

           93, 94. Repealed
   95.     Bribery and corruption
   96.     Penalty for not delivering accoutrements
   97.     Penalty for personating etc. members of the force
   98.     Penalty on persons wrongfully obtaining admission into the
           force

           Division 3-Search and seizure

   99.     What is a relevant offence?
   100.    Entry, search and seizure
   100A.   Search warrant
   100B.   Announcement before entry
   100C.   Details of warrant to be given to occupier
   100D.   Seizure of things not mentioned in the warrant
   100E.   Copies of seized documents
   100F.   Retention and return of seized things
   100G.   Magistrates' Court may extend 6 month period
   100H.   Things seized may be used in connection with
           investigations into conduct

           Division 4-Imprisonment

   101.    Imprisonment may be substituted for pecuniary penalties
   102.    Imprisonment in any place specially appointed

   PART VB-OFFICE OF POLICE INTEGRITY

   102A.   Office of Police Integrity
   102AB.  Appointment of Director, Police Integrity
   102AC.  Remuneration and allowances
   102AD.  Terms and Conditions
   102AE.  Vacancy and resignation
   102AF.  Suspension and removal from office
   102AG.  Acting appointment
   102B.   Functions and Powers
   102BA.  Objects of Director
   102C.   Repealed
   102D.   Oath or affirmation
   102E.   Staffing
   102EA.  Secondment of members of the force
   102EB.  Effect of secondment
   102F.   Delegation by Director
   102G.   Confidentiality
   102H.   Disclosure of information to corresponding authorities
   102I.   Disclosure of information to the Privacy Commissioner
   102IA.  Disclosure of information to the Ombudsman
   102J.   Annual and other reports to Parliament
   102K.   Transmission of reports to Parliament

   PART VC-SPECIAL CONSTABLES

           Division 1-Appointment of special constables generally

   102L.   Appointment of special constables
   102M.   Oath or affirmation
   102N.   Status and powers of special constable
   102O.   Termination of appointment
   102P.   Discipline

           Division 2-Incidents requiring urgent cross-border assistance

   102Q.   Declaration of incident
   102R.   Period of declaration
   102S.   Appointment of special constables during declared incident
   102T.   Oath or affirmation
   102U.   Termination of appointment

   PART VI-RETIRED POLICE RESERVE

   103.    Appointment of police reservists
   104.    Qualifications
   105.    Oath
   106.    Powers and privileges
   107.    Duty of police reservists
   108.    Training
   109.    Discipline
   110.    Equipment and uniform
   111.    Resignation
   112.    Dismissal or termination of service
   113.    Cessation of powers on dismissal etc.
           114-115A Repealed
   115B.   Long service leave
   116.    Obstructing etc. police reservists
   117.    Repute to be evidence of appointment
   118.    Regulations

   PART VIA-PROTECTIVE SERVICES OFFICERS

   118A.   Definition
   118B.   Appointment of protective services officers
   118C.   Oath
   118D.   Powers and privileges of officers
   118E.   Direction and control of officers
   118F.   Discipline
   118G.   Resignation
   118H.   Dismissal
   118I.   Repealed
   118J.   Offence
   118K.   Regulations

   PART VIB-DISCLOSURE OF VEHICLE ACCIDENT INFORMATION

   118L.   Definitions
   118M.   Declaration of non-Victorian statutory insurance scheme
           laws and persons as statutory scheme insurers
   118N.   Certain persons may request vehicle accident information from police
   118O.   Form and content of application for vehicle accident information
   118P.   Disclosure of vehicle accident information
   118Q.   Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited

   PART VIC-AGENCY PHOTOGRAPHS

   118R.   Chief Commissioner may authorise the giving of agency photographs to media organisations
   118S.   Application for giving of agency photograph
   118T.   Considerations to be taken into account in authorising the giving of agency photographs
   118U.   Offences as to use of agency photographs
   118V.   Notification of authorisation under section 118R.
   118W.   Authorisation for media
   118X.   Application for authorisation under section 118W.
   118Y.   Protection against actions for defamation or breach of confidence
   118Z.   Protection in respect of offences
   118ZA.  Procedure under section 124A not affected

   PART VII-MISCELLANEOUS PROVISIONS

   119.    Governor may recommend increase of pensions etc.
   120.    Long service leave
   120A.   Payment in lieu of long service leave on resignation or dismissal
   120B.   Grant of long service leave to Chief Commissioner
   121.    Payment in respect of recreation leave outstanding at death
   122.    Disposal of unclaimed goods and chattels
   123.    Immunity of members
   124.    Protection of members in respect of warrants
   124A.   Certain crime reports privileged
   125.    Disputed property in possession of police
   126.    Deliberations of Ministers and Parliamentary committees not
           to be disclosed
   127.    Penalty on persons causing disaffection etc.
   127A.   Unauthorized disclosure of information and documents
   128.    No certiorari permitted
   129.    Power to Minister to enter into and enforce agreements with members of the force
   129A.   Supreme Court-limitation of jurisdiction
   130.    Regulations
   131.    Transitional provisions on abolition of Police Board and Police Review Commission
   132.    Transitional provision on creation of office of Police Ombudsman
   133.    Transitional provision on creation of Director
   134.    Transitional provision for special constables
   135.    Transitional provision-Police Regulation Amendment Act 2007.
           __________________
           SCHEDULE 1-Reportable Offences

   PART 1-LEVEL 1, 2, 3 OR 4 OFFENCES OR THEIR EQUIVALENT

   PART 2-OTHER CRIMES ACT OFFENCES

   PART 3-OTHER STATUTORY OFFENCES

   PART 4-COMMON LAW OFFENCES
           SCHEDULE 1A-Repealed
           SCHEDULE 2-Oaths and Affirmation
           SCHEDULE 3-Medical Certificate
           SCHEDULE 4-Scales of Pensions, Allowances and Gratuities
   ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details