Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 80

Where charge found proven against a member

80. Where charge found proven against a member



(1) If a member of the force has been charged under the criminal law with an
offence punishable by imprisonment (whether or not within the State or in any
other jurisdiction) and the offence has been found proven, the Chief
Commissioner may-

   (a)  do one or more of the following-

   (i)  reprimand the member;

   (ii) reduce rank or seniority of the member;

   (iii) reduce the remuneration of the member; or

   (b)  require the member to be of good behaviour for a period not exceeding
        12 months or on any other condition specified in the determination; or



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





   (e)  dismiss the member.









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(2) If a member who has been dismissed under this section is subsequently
pardoned or the conviction of the member is subsequently quashed or otherwise
nullified, the member may be re-appointed to the force at the rank the member
held before dismissal.

(3) Upon a re-appointment under subsection (2), the member is deemed to have
continued in the force as if not dismissed and as if, during the period during
which the member was not performing his or her duties because of the
dismissal, the member had been on leave of absence without pay.

(4) For the purposes of subsection (3), a member is not to be taken to be
entitled to any other leave credits for any period during which he or she is
to be taken to have been on leave of absence without pay.

(5) A fine imposed under this section may be recovered in the Magistrates'
Court as a civil debt or by deducting the amount from the pay of the member or
from any other amount payable to the member by the State.