Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 76

Determination of the inquiry

76. Determination of the inquiry



(1) If, after considering all the submissions made at an inquiry the person
conducting the inquiry finds that the charge has been proved, the person
conducting the inquiry may make one or more of the following determinations-

   (a)  to reprimand the member; or



   (b)  to adjourn the hearing of the inquiry into the charge on the condition
        that the member be of good behaviour for a period not exceeding 12
        months or on any other condition specified in the determination; or

   (c)  to impose a fine not exceeding 40 penalty units; or

   (ca) to impose a period, not exceeding 2 years, during which the member
        will not be eligible for promotion or transfer to other duties; or

   (d)  to reduce rank or seniority of the member; or

   (e)  to reduce the remuneration of the member; or

   (f)  to transfer the member to other duties; or

   (g)  to dismiss the member.

(2) The person conducting the inquiry may also determine that the member make
any restitution or pay any compensation or costs that are appropriate for that
matter.

(3) If the person conducting the inquiry reduces a member in rank, the Chief
Commissioner must determine the seniority of that member in relation to other
members of that rank to which he or she has been reduced.



(4) If the person conducting the inquiry finds that the charge has not been
proved-

   (a)  any suspension against the member relating to the charge expires; and

   (b)  if the member has been suspended without pay, an amount equal to the
        pay the member would have received during that period of suspension
        must be paid to the member; and

   (c)  if the member has been directed to take leave, the member must be
        credited with any leave taken at that direction.