VICTORIA POLICE ACT 2013 (NO. 81 OF 2013) - SECT 3 Definitions

VICTORIA POLICE ACT 2013 (NO. 81 OF 2013) - SECT 3

    (1)     In this Act—

"Assistant Commissioner" means a person employed as an Assistant Commissioner under section 24;

breach of discipline has the meaning given in section 125;

"business day" means a day other than a Saturday, a Sunday or a public holiday or half-holiday appointed under the Public Holidays Act 1993 ;

"Chief Commissioner" means the Chief Commissioner of Police appointed under section 17;

"Chief Commissioner's instructions" means any instructions issued under section 60 as in force from time to time;

"commissioned officer" means a police officer certified as a commissioned officer of Victoria Police under section 14;

"country position" means a position in Victoria Police that is located outside the Melbourne metropolitan area;

"Deputy Commissioner" means a person appointed as a Deputy Commissioner under section 21;

"designated place "means a place prescribed by the regulations to be a designated place for the purposes of section 52;

"directed transfer" means—

        (a)     the transfer of a police officer under section 35; or

        (b)     the transfer of a protective services officer under section 44 ;

"domestic partner" of a person means—

        (a)     a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (2).

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

"efficiency", in relation to the promotion or transfer of police officers or protective services officers, has the meaning given in section 4;

"general duties", in relation to a police officer, means primary response and general patrol duties;

"IBAC" means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"IBAC Commissioner" means the Commissioner appointed under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

"IBAC Officer" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 ;

"investigative agency" means—

        (a)     Victoria Police, or an equivalent body in another State or the Northern Territory; or

        (b)     the IBAC; or

        (c)     the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; or

        (d)     the Australian Crime Commission within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth; or

        (e)     the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ; or

        (f)     the Victorian Inspectorate; or

        (g)     the Police Integrity Commission constituted by the Police Integrity Commission Act 1996 of New South Wales; or

        (h)     the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales; or

              (i)     the New South Wales Crime Commission constituted by the Crime Commission Act 2012 of New South Wales; or

        (j)     the Crime and Misconduct Commission established under the Crime and Misconduct Act 2001 of Queensland; or

        (k)     the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003 of Western Australia; or

        (l)     the Australian Commission for Law Enforcement Integrity established under the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth;

"legal practitioner" means an Australian lawyer within the meaning of the Legal Profession Act 2004 ;

"Melbourne metropolitan area" means the area for the time being determined under section 5;

member of Victoria Police personnel means—

        (a)     a person referred to in section 7; or

        (b)     a special constable, but only in respect of the performance of duties and functions and exercise of powers by the special constable for Victoria Police;

"Ombudsman" means the Ombudsman appointed under section 3 of the Ombudsman Act 1973 ;

"personal leave", in relation to a police officer or protective services officer, includes absence from duty while receiving compensation under the Accident Compensation Act 1985 ;

"police force of another jurisdiction" means—

        (a)     the Australian Federal Police; or

        (b)     the police force or police service of another State or a Territory; or

        (c)     the police force or police service of another country or part of a country;

police officer means—

        (a)     the Chief Commissioner; or

        (b)     a Deputy Commissioner; or

        (c)     an Assistant Commissioner; or

        (d)     a person appointed under Division 5 of Part 3;

s. 3

Note

Police reservists and special constables are taken to be police officers for certain purposes—see sections 45 and  193.

"Police Profession Register" means the register kept under section 121;

police recruit means a person employed under Division 6 of Part 3;

police reservist means a person who, immediately before the commencement of section 282, held office as a police reservist under the Police Regulation Act 1958 as in force immediately before that commencement;

police tort has the meaning given in section 72;

police tort claim has the meaning given in section 73;

"Professional Standards Division" means the Professional Standards Division of the PRS Board;

Note

See section 203(b).

"professional standards function" means a function specified in section 202(1)(b);

"protected disclosure complaint" means a disclosure that is determined to be a protected disclosure complaint by the IBAC under section 26 of the Protected Disclosure Act 2012 ;

"protective services officer" means a person appointed under Division 7 of Part 3;

"PRS Board" means the Police Registration and Services Board continued under section 201;

"PRS Board officer" means—

        (a)     a member of the PRS Board; or

        (b)     an employee referred to in section 217(1); or

        (c)     a member of staff referred to in section 217(2);

"rank" means—

        (a)     in relation to a police officer, a rank specified in section 13;

        (b)     in relation to a protective services officer, a rank (if any) prescribed in the regulations;

Note

See item 2.10 of Schedule 5.

"Registration Division" means the Registration Division of the PRS Board;

Note

See section 203(a).

"registration function" means a function specified in section 202(1)(a);

"Review Division" means the Review Division of the PRS Board;

Note

See section 203(c).

"review function" means a function specified in section 202(1)(c);

"special constable" means a person appointed under Part 11;

"spouse" of a person means a person to whom the person is married;

testing direction has the meaning given in section 82;

"Victoria Police" means the body established by section 6;

"Victoria Police employee" means a person employed in Victoria Police under Part 3 of the Public Administration Act 2004 ;

"Victoria Police equipment" means a thing determined under section 60(2)(a) to be Victoria Police equipment;

"Victoria Police identification" means a thing determined under section 60(2)(b) to be Victoria Police identification;

"Victorian Inspectorate" has the same meaning as in the Victorian Inspectorate Act 2011 .

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.