Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 68

Chief Commissioner may dismiss unsuitable members

68. Chief Commissioner may dismiss unsuitable members



(1) The Chief Commissioner, by written order, may dismiss a member of the
force (other than a Deputy Commissioner or an Assistant Commissioner) if the
Chief Commissioner is satisfied that the member is unsuitable to continue as a
member of the force, having regard to-

   (a)  the member's integrity; and

   (b)  the potential loss of community confidence in the force were the
        member to continue as a member of the force.

(2) Before dismissing a member under this section, the Chief Commissioner-

   (a)  must give the member a notice setting out the grounds on which the
        Chief Commissioner considers the member is unsuitable to continue as a
        member of the force; and

   (b)  must give the member at least 21 days in which to make written
        submissions in relation to the proposed dismissal; and

   (c)  must take into account any submissions made by the member during that
        period.

(3) The order must set out the reasons why the Chief Commissioner is satisfied
that the member is unsuitable to continue as a member of the force.

(4) The dismissal takes effect when the order is made.

(5) The Chief Commissioner must give written notice of the order to the member
as soon as practicable after it is made.

(6) A notice under subsection (2)(a) or (5) may be given to a member-

   (a)  in person; or

   (b)  by sending it by post, facsimile or other electronic means to the
        member at his or her usual or last known residential address; or

   (c)  by leaving it at the member's usual or last known residential address
        with a person on the premises apparently at least 16 years old and
        apparently residing there.

(7) A notice under subsection (2)(a) or (5) is to be taken to have been given
to a member-

   (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;

   (c)  in the case of facsimile or other electronic transmission-at the time
        the transmission is received.

(8) If a facsimile or other electronic transmission is received after 4.00
p.m. on any day, it is to be taken to have been received on the next business
day.





(9) In this section-

business day means a day other than-

   (a)  a Saturday or Sunday; or

   (b)  a public holiday or public half-holiday in the place to where the
        notice is sent or delivered.

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