VICTORIA POLICE ACT 2013 - SECT 167 Making of complaints

VICTORIA POLICE ACT 2013 - SECT 167

    (1)     A complaint about the conduct of a police officer or protective services officer may be made—

        (a)     to another police officer or protective service officer; or

        (b)     to the IBAC.

Note

Complaints made to the IBAC are investigated under Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 .

    (2)     A complaint about the conduct of a police officer or protective services officer—

        (a)     may not be made to the IBAC by a police officer or protective services officer except as set out in subsection (3); and

        (b)     may be made by a person or a body of persons, whether corporate or unincorporated; and

        (c)     may be made by a person on that person's own behalf or on behalf of another person.

Note

Under Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 , complaints to the IBAC must be in writing unless the IBAC determines that there are exceptional circumstances.

    (3)     A police officer or protective services officer must make a complaint to a police officer or protective services officer of a more senior rank to that officer, or to the IBAC, about the conduct of another police officer or protective services officer if he or she has reason to believe that the other officer is guilty of misconduct.

Note to s. 167(3) substituted by No. 2/2019 s. 82(1).

Note

The protections under Part 6 of the Public Interest Disclosures Act 2012 apply to a complaint made in accordance with subsection (3).

S. 167(3A) inserted by No. 3/2019 s. 32(1).

    (3A)     A police officer or protective services officer ( officer A ) is not required to make a complaint under subsection (3) about the conduct of another police officer or protective services officer ( officer B ) if officer A has reason to believe that the conduct of officer B is conduct that contravenes Part 4, 6 or 7 of the Equal Opportunity Act 2010 in relation to—

        (a)     officer A; or

        (b)     a spouse or domestic partner of officer A who is also a police officer or protective services officer.

S. 167(4) amended by No. 2/2019 s. 82(2).

    (4)     If a police officer or protective services officer is required to make a complaint under subsection (3) about the conduct of another police officer or protective services officer, it is sufficient compliance for the purposes of that subsection if the officer makes a disclosure in accordance with Part 2 of the Public Interest Disclosures Act 2012 .

    (5)     If a complaint is made to a police officer or a protective services officer by a person who is not a police officer or a protective services officer, the officer must advise the complainant that the complainant may make the complaint to the IBAC.

    (6)     A person may make a complaint to the IBAC even if the complaint has already been made to a police officer or protective services officer.

Note to s. 167 inserted by No. 3/2019 s. 32(2).

Note

See section 174A for how this section applies in relation to a restorative engagement process.