Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 69

Breaches of discipline

69. Breaches of discipline



(1) A member of the force commits a breach of discipline if he or she-

   (a)  contravenes a provision of this Act or the regulations; or















   (ab) fails to comply with a direction under section 55 or 90 of the
        Whistleblowers Protection Act 2001; or

   (ac) fails to comply with a direction given under section 47 of the
        Police Integrity Act 2008; or

   (b)  fails to comply with a standing order or instruction of the Chief
        Commissioner; or

   (ba) fails to comply with a direction given under Division 4A of Part IV;
        or



   (bb) refuses to consent to the use of evidence derived from a sample in the
        circumstances referred to in section 85D; or

   (bc) fails to comply with a direction given under Division 5 of Part 2 of
        the Police Integrity Act 2008; or

   (bd) refuses to consent to the use of evidence derived from a sample in the
        circumstances referred to in section 33 of the
        Police Integrity Act 2008; or

   (c)  engages in conduct that is likely to bring the force into disrepute or
        diminish public confidence in it; or

   (d)  fails to comply with a lawful instruction given by the Chief
        Commissioner, a member of or above the rank of senior sergeant or a
        person having the authority to give the instruction; or

   (e)  is guilty of disgraceful or improper conduct (whether in his or her
        official capacity or otherwise); or

   (f)  is negligent or careless in the discharge of his or her duty; or

   (g)  without the approval of the Chief Commissioner-

   (i)  applies for or holds a licence or permit to conduct any trade,
        business or profession; or

   (ii) conducts any trade, business or profession; or

   (iii) accepts any other employment; or

   (h)  acts in a manner prejudicial to the good order or discipline of the
        force; or

        (i)    has been charged with an offence (whether under a Victorian law
               or under a law of another place) and the offence has been found
               proven.

(2) A member of the force who aids, abets, counsels or procures, or who, by
any act or omission, is directly or indirectly knowingly concerned in or a
party to the commission of a breach of discipline, also commits a breach of
discipline.

(3) A member of the force may commit a breach of discipline under subsection
(1) in respect of conduct engaged in while seconded to the Office of Police
Integrity.