VICTORIA POLICE ACT 2013 - SECT 131 Procedure on an inquiry

VICTORIA POLICE ACT 2013 - SECT 131

    (1)     A police officer or protective services officer 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 police officer or protective services officer 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 the officer's 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.

S. 131(4) amended by No. 67/2014 s. 147(Sch.  2 item 42.2).

    (4)     Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958 , as in force immediately before their repeal, 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.