Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 75

Procedure on an inquiry

75. Procedure on an inquiry







(1) A member of the force who is charged with a breach of discipline may
appear at the inquiry into the charge or may be represented by any person
other than a legal practitioner.

(2) If a member who is the subject of an inquiry does not attend in person or
by representative at the time and place fixed for the inquiry, the person
conducting the inquiry may proceed in his or her absence.

(3) At an inquiry-

   (a)  subject to this section, the procedure of the inquiry is at the
        discretion of the person conducting it; and

   (b)  the proceedings must be conducted with as little formality and
        technicality as the requirements of this Act and the proper
        consideration of the matter permit; and

   (c)  the person conducting the inquiry is not bound by the rules of
        evidence but may inform himself or herself in any way he or she sees
        fit; and

   (d)  the person conducting the inquiry is bound by the rules of natural
        justice.

(4) Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to the conduct
of an inquiry as if the person conducting the inquiry were a Board or the
Chairman of a Board appointed by the Governor in Council.