Version No. 117

Police Regulation Act 1958

No. 6338 of 1958

Version incorporating amendments as at 1 June 2008

table of provisions

SectionPage

1

SectionPage

1Short title and commencement

2Repealed

3Definitions

Part I—Appointments and Retirements

4Constitution of the police force

4AAAppointment of Acting Assistant Commissioner

4ABAppointment of Acting Chief Commissioner

4A–4GRepealed

5Authority of Chief Commissioner and officers

6Powers of Deputy Commissioner

6ADelegation by Chief Commissioner

7Medical Board

8Appointments to and promotions and transfers within the force

8AAAppeals against non-selection for promotion

8ABGrounds for promotion or transfer

8APolice recruits

9Repealed

10Women to receive salaries etc. at same rate as men

11Authority of constables

12Repealed

13Oath to be taken by members of the force

14One month's notice of resignation to be given by members of
the force

15Repute to be evidence of appointment

16All powers vested in members of the force to cease upon discharge

16ARight to early retirement

16BIncapacitated officers

Part II—Duties and Discipline

17Standing orders etc.

18Repealed

18AAssistance to coroners

19Members of police force who may execute process and
warrants

20Process directed to one may be executed by another

Part III—Superannuation Gratuities Pensions Allowances and Funds

Division 1—Provisions applicable to members of the force
appointed before November 25th 1902

21Division to apply to appointments before 25November 1902

22Rate of superannuation allowance

23Superannuation on account of ill health

24Gratuity or yearly pension to members disabled in the performance of duty

25Gratuity to members retiring from ill health

26Conditions on which pensions are withdrawable

27Members retiring after twenty years' service

28Gratuity or pension to relatives where life lost on duty

29Allowances of retiring members to be considered when estimating gratuity etc.

30Dismissed members not entitled to pension

31–35Repealed

36Time in other branches to count

37Provision not to apply to transfer to police force from other public departments

38Definition of service in this Division

Division 2—Provisions applicable to members of the force appointed on or after 25th November 1902

Introductory

39Definitions

Application of this Division

40Application to members of the force

41Repealed

Retirement pensions allowances and gratuities

42Entitlement to pensions

42APensioner may elect to convert part of pension entitlement to lump sum payment entitlement

43Pensions and gratuities to members of the force

44Entitlement of spouse to pension or gratuity

44A, 44B Repealed

45Allowances and gratuities to children and dependants

46Scales of pensions, allowances and gratuities

46AMember may elect to increase spouse's pension entitlement in certain circumstances

46BAmount of pension payable to pensioner

Approved service

47Service to be reckoned for pension

Grant revision forfeiture and offences in respect of pensions

48Repealed

49Power to reduce pension etc. where infirmity is due to misconduct

50Assignment of benefits

51Payment of benefits if person is incapable

52Penalty for obtaining pension etc. by fraud

Rateable deductions

53Repealed

54Dismissal etc. for misconduct

55Repealed

Saving of right of dismissal and reduction

56Saving of right of dismissal and reduction in rank

Division 3—Additional provisions

Provisions of 1948 and 1949

57Definitions

58Pensions of members who retired before 2January 1948

59Retrospective increase in certain widows' pensions

Provisions of 1950

60Definitions

61Increase of rates of pension to pensioners who retired before 30June 1950

62Increase of rates of pension to widows entitled to pension
before 30 June 1950

63Appropriate retrospective adjustments to be made

Provisions of 1955 and 1958

64Retrospective payments to pensioners widows and children already entitled to pensions etc.

Provisions of 1960

64ABasic rate of pension

General provision about final salary

64BFinal salary for superannuation benefit purposes

Provision for indexation

64CIndexation of pensions

Division 4—ESS Board

65Repealed

66Applications for pensions, gratuities etc.

67, 67ARepealed

67BPreservation of minimum benefit

Division 5—Beneficiary choice program

67CDefinitions

67DApplication to participate

67ECommutation

Part IV—Employment, Disciplinary and Other Matters

Division 1—Dismissal of unsuitable members

68Chief Commissioner may dismiss unsuitable members

68ASuspension pending decision

68BApplication for review of dismissal order

68CProcedure on review

68DWhat may the Appeals Board order?

68EEvidence

68FWitnesses

68GRepresentation and costs

68H, 68IRepealed

Division 2—Discipline

69Breaches of discipline

70Preliminary investigation

71Charging

72Form of charge

73Inquiry into a charge

74Authorised officers

75Procedure on an inquiry

76Determination of the inquiry

77Enforcement of the determination

78Adjournment of charge

Division 3—Members alleged to have committed criminal offences punishable by imprisonment

79Where member believed to have committed a criminal offence punishable by imprisonment

80Where charge found proven against a member

81Action not to be taken against a member twice

Division 4—Fitness for duty

82Inquiry into fitness for duty

83Notice of the inquiry

84Procedure at an inquiry

85Determination of the inquiry

Division 4A—Testing of Members for Alcohol or Drugs of Dependence

85ADefinitions

85BTesting of members in certain circumstances

85CChief Commissioner may have regard to evidence in certain circumstances

85DTaking of sample when member is unconscious or otherwise unable to comply with direction

85EAdmissibility of test result in certain proceedings

85FConfidentiality of test results

85GOffence to disclose identifying information

85HRegulations

Division 5—Effect of suspension dismissal or reduction of rank of
a member

86Suspension of a member

86AAAForfeiture of salary by suspended member

86AANo compensation for dismissal or reduction of rank

Division 6—Annual report of Chief Commissioner

86ABAnnual report of Chief Commissioner

Part IVA—Complaints and Investigations

Division 1—Preliminary

86ADefinitions

86BProvisions of this Act prevail

86C–86IRepealed

86JProtection of Director etc.

86JAProtection of legal practitioners and witnesses

86KOffences

86KAConfidentiality of summons

86KBContempt of Director

86KCNo double jeopardy

86KDRepealed

Division 2—Complaints and investigations

86LMaking of complaints

86LAWhistleblowers Protection Act 2001 applies to certain complaints

86MComplaints made to a member of the force

86NComplaints made to the Director

86NAInvestigations initiated by Director

86OInvestigations by the Chief Commissioner

86PInvestigations by the Director

86PAEvidence in Director investigations

86PBVideo-recording of examination

86PCUnderage and impaired witnesses

86PDArrest of recalcitrant witnesses

86PEWitness already held in custody

86QPower to require answers etc. of a member of the force

86QAReferral of matters to DPP

86RFurther investigations etc.

86SChief Commissioner to respond to Director

86TAdvice to complainant

86TAExemption from Freedom of Information Act 1982

86UJurisdiction

86VProhibition of victimisation

Division 3—Powers of entry, search and seizure

86VADefinitions

86VBPower to enter public authority premises

86VCPower to seize documents or things at public authority premises

86VDCopying of, access to or receipt for things seized

86VEProcedure for documents that may be subject to legal professional privilege

86VFApplication to Magistrates' Court to decide on legal professional privilege

86VGApplication for return of things seized

86VHReturn of things seized

86WPowers with search warrant

86XProcedure for executing warrant

86YCopies or receipts to be given

86ZReturn of documents and other things

Division 4—Oversight by special investigations monitor

86ZARole of Special Investigations Monitor

86ZBDirector must report summonses to Special Investigations Monitor

86ZCDirector must report arrest warrants to Special
Investigations Monitor

86ZDDirector must report other matters to Special
Investigations Monitor

86ZEComplaints to Special Investigations Monitor

86ZFSpecial Investigations Monitor may refuse to investigate complaint

86ZGInvestigation of complaints

86ZHRecommendations by Special Investigations Monitor

86ZIRequirement to provide assistance

86ZJPowers of entry and access

86ZKRequirement to answer questions and produce documents

86ZLAnnual and other reports by Special Investigations
Monitor

86ZMReport on operation of this Part

86ZNDelegation

Part V—Police Appeals Board

Division 1—Establishment of Police Appeals Board

87Establishment of Appeals Board

87A, 87B Repealed

88Functions of Appeals Board

88A–88C Repealed

89Membership of Appeals Board

90Remuneration

90ARepealed

91Vacancies, resignation and removal from office

91AActing members

91BEffect of vacancy or defect

91CAnnual report of the Appeals Board

91DRepealed

Division 2—Appeals and reviews by the Appeals Board

91EAppeals to the Appeals Board

91FApplication for a review by the Appeals Board

91GAppeals Board's powers on a review

91HAppeal or review may proceed in absence of member

91IExtension of action taken against member

Division 3—General procedure of Appeals Board

91JNatural justice

91KAppeal Board must have regard to public interest and interests
of applicant on review

91LGeneral procedure of Appeals Board

91MConstitution of Appeals Board for appeals and reviews

91MAHearings to be public unless otherwise ordered

91NAppearance and representation

91OEvidence

91PWitness summons

91QChief Commissioner to give effect to Appeals Board orders
and decisions

91RContempt of Appeals Board

91SProtection of participants

91TExtension of time

Part VA—Enforcement

Division 1—Reinstatement

92Reinstatement of certain discharged etc. members of force

Division 2—Offences

93, 94Repealed

95Bribery and corruption

96Penalty for not delivering accoutrements

97Penalty for personating etc. members of the force

98Penalty on persons wrongfully obtaining admission into the
force

Division 3—Search and seizure

99What is a relevant offence?

100Entry, search and seizure

100ASearch warrant

100BAnnouncement before entry

100CDetails of warrant to be given to occupier

100DSeizure of things not mentioned in the warrant

100ECopies of seized documents

100FRetention and return of seized things

100GMagistrates' Court may extend 6 month period

100HThings seized may be used in connection with
investigations into conduct

Division 4—Imprisonment

101Imprisonment may be substituted for pecuniary penalties

102Imprisonment in any place specially appointed

Part VB—Office of Police Integrity

102AOffice of Police Integrity

102ABAppointment of Director, Police Integrity

102ACRemuneration and allowances

102ADTerms and Conditions

102AEVacancy and resignation

102AFSuspension and removal from office

102AGActing appointment

102BFunctions and Powers

102BAObjects of Director

102CRepealed

102DOath or affirmation

102EStaffing

102EASecondment of members of the force

102EBEffect of secondment

102FDelegation by Director

102GConfidentiality

102HDisclosure of information to corresponding authorities

102IDisclosure of information to the Privacy Commissioner

102IADisclosure of information to the Ombudsman

102JAnnual and other reports to Parliament

102KTransmission of reports to Parliament

Part VC—Special Constables

Division 1—Appointment of special constables generally

102LAppointment of special constables

102MOath or affirmation

102NStatus and powers of special constable

102OTermination of appointment

102PDiscipline

Division 2—Incidents requiring urgent cross-border assistance

102QDeclaration of incident

102RPeriod of declaration

102SAppointment of special constables during declared incident

102TOath or affirmation

102UTermination of appointment

Part VI—Retired Police Reserve

103Appointment of police reservists

104Qualifications

105Oath

106Powers and privileges

107Duty of police reservists

108Training

109Discipline

110Equipment and uniform

111Resignation

112Dismissal or termination of service

113Cessation of powers on dismissal etc.

114–115A Repealed

115BLong service leave

116Obstructing etc. police reservists

117Repute to be evidence of appointment

118Regulations

Part VIA—Protective Services Officers

118ADefinition

118BAppointment of protective services officers

118COath

118DPowers and privileges of officers

118EDirection and control of officers

118FDiscipline

118GResignation

118HDismissal

118IRepealed

118JOffence

118KRegulations

Part VIB—Disclosure of Vehicle Accident Information

118LDefinitions

118MDeclaration of non-Victorian statutory insurance scheme
laws and persons as statutory scheme insurers

118NCertain persons may request vehicle accident information from police

118OForm and content of application for vehicle accident information

118PDisclosure of vehicle accident information

118QDisclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited

Part VIC—Agency Photographs

118RChief Commissioner may authorise the giving of agency photographs to media organisations

118SApplication for giving of agency photograph

118TConsiderations to be taken into account in authorising the giving of agency photographs

118UOffences as to use of agency photographs

118VNotification of authorisation under section118R

118WAuthorisation for media

118XApplication for authorisation under section 118W

118YProtection against actions for defamation or breach of confidence

118ZProtection in respect of offences

118ZAProcedure under section 124A not affected

Part VII—Miscellaneous Provisions

119Governor may recommend increase of pensions etc.

120Long service leave

120APayment in lieu of long service leave on resignation or dismissal

120BGrant of long service leave to Chief Commissioner

121Payment in respect of recreation leave outstanding at death

122Disposal of unclaimed goods and chattels

123Immunity of members

124Protection of members in respect of warrants

124ACertain crime reports privileged

125Disputed property in possession of police

126Deliberations of Ministers and Parliamentary committees not
to be disclosed

127Penalty on persons causing disaffection etc.

127AUnauthorized disclosure of information and documents

128No certiorari permitted

129Power to Minister to enter into and enforce agreements with members of the force

129ASupreme Court—limitation of jurisdiction

130Regulations

131Transitional provisions on abolition of Police Board and Police Review Commission

132Transitional provision on creation of office of Police Ombudsman

133Transitional provision on creation of Director

134Transitional provision for special constables

135Transitional provision—Police Regulation Amendment Act2007

______

SCHEDULES

SCHEDULE 1—Reportable Offences

PART 1—LEVEL 1, 2, 3 OR 4 OFFENCES OR THEIR EQUIVALENT

PART 2—OTHER CRIMES ACT OFFENCES

PART 3—OTHER STATUTORY OFFENCES

PART 4—COMMON LAW OFFENCES

SCHEDULE 1A—Repealed271

SCHEDULE 2—Oaths and Affirmation

SCHEDULE 3—Medical Certificate

SCHEDULE 4—Scales of Pensions, Allowances and Gratuities

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 117

Police Regulation Act 1958

No. 6338 of 1958

Version incorporating amendments as at 1 June 2008

An Act to consolidate the Law relating to the Police Force in Victoria.

1

Police Regulation Act 1958
No. 6338 of 1958

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1
amended by Nos 6957
s. 4(1)(a), 7081
s. 15(2)(a)(b), 10250 s. 20.

1Short title and commencement

This Act may be cited as the Police Regulation Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2
amended by No. 10087 s.3(1)(Sch. 1 item 182), repealed by No. 35/1993
s. 4.

*****

No. 3750 s. 3.

S. 3
amended by No. 120/1994
s. 7(1).

3Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of agency photograph inserted by No. 52/2007 s.4(1).

agency photographmeans a photograph of the face of a person, who has been found guilty of an offence, that was taken by a law enforcement agency at the time of an arrest of the person by the agency on suspicion of an offence, or at the time the person was interviewed by the agency in respect of an offence, or at the time another investigative procedure into the person was carried out by the agency in respect of an offence;

S. 3(1) def. of Appeals Board inserted by No. 61/1999 s.4(b).

Appeals Board means Police Appeals Board established by section 87;

S. 3(1) def. of appointed member inserted by No. 30/1999 s.4, repealedby No. 61/1999 s.4(a).

*****

s. 3

S. 3(1) def. of authorised media organisation inserted by No. 52/2007 s.4(1).

authorised media organisation means a media organisation authorised under section 118W;

S. 3(1) def. of Director insertedby No. 63/2004 s.4(1)(a).

Directormeans the Director, Police Integrity under section102A(2);

S. 3(1) def. of ESS Board inserted by No. 120/1994
s. 6(1)(a).

ESS Board means the Emergency Services Superannuation Board established under the Emergency Services Superannuation Act 1986;

S. 3(1) def. of former member of police personnel inserted by No. 52/2007 s.4(1).

former member of police personnel means a person who has been a member of police personnel but is no longer a member of police personnel;

S. 3(1) def. of insolvent under administration inserted by No. 61/1999 s.4(b).

insolvent under administration means—

(a)a person who is an undischarged bankrupt; or

(b)a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or

s. 3

(c)a person whose creditors have accepted a composition under PartX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or

(d)a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated;

S. 3(1) def. of journalism organisation inserted by No. 52/2007 s.4(1).

journalism means the practice of collecting, preparing for dissemination or disseminating any of the following material for the purpose of making it available to the public—

(a)material having the character of news or current affairs;

(b)material consisting of commentary or opinion on or analysis of news or current affairs;

S. 3(1) def. of law enforcement agency inserted by No. 52/2007 s.4(1).

law enforcement agency means—

(a)the force, or a member of an equivalent body in another State of the Commonwealth or the Northern Territory; or

(b)the Director; 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

s. 3

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

(f)the Special Investigations Monitor; 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 New South Wales Crime Commission Act 1985 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;

S. 3(1) def. of legal practitioner inserted by No. 61/1999 s.4(b), substitutedby No. 18/2005 s.18(Sch. 1 item83).

s. 3

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

S. 3(1) def. of media organisation inserted by No. 52/2007 s.4(1).

media organisation means a person or body that engages in journalism;

S. 3(1) def. of member of police personnel inserted by No. 52/2007 s.4(1).

member of police personnel means a person who is—

(a)the Chief Commissioner; or

(b)a Deputy Commissioner or Assistant Commissioner; or

(c)another member of the force; or

(d)an executive or employee employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner; or

(e)a police reservist appointed under PartVI; or

(f)a protective services officer appointed under Part VIA; or

(g)a police recruit appointed under section8A;

S. 3(1) def. of member of staff of the Office of Police Integrity insertedby No. 63/2004 s.4(1)(a).

member of staff of the Office of Police Integritymeans—

(a)an employee in the Office of Police Integrity; or

(b)a person who is seconded to the Office of Police Integrity;

the force means officers and other members of the police force of Victoria whether employed upon land or upon water;

s. 3

member of the forceshall apply to every person (whether male or female) employed in the force;

S. 3(1) def. of Office of Police Integrity insertedby No. 63/2004 s.4(1)(a).

Office of Police Integritymeans the Office of Police Integrity established by section102A(1);

S. 3(1) def. of Ombudsman insertedby No. 32/2004 s.9(1).

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

Partmeans Part of this Act;

S. 3(1) def. of Police Board inserted by No. 72/1992
s. 4, repealedby No. 61/1999 s.4(a).

*****

S. 3(1) def. of police gaol inserted by No. 79/2004 s.74.

police gaol has the same meaning as in the Corrections Act 1986;

S. 3(1) def. of Police Ombudsman insertedby No. 32/2004 s.9(1), repealedby No. 63/2004 s.4(1)(b).

*****

S. 3(1) def. of prison insertedby No. 79/2004 s.74, substituted by No. 48/2006 s.42(Sch. item 28).

prison has the same meaning as in the Corrections Act 1986 but includes a youth justice centre established under section 478 of the Children, Youth and Families Act 2005;

s. 3

S. 3(1) def. of Scheme inserted by No. 120/1994
s. 6(1)(a).

Scheme means the Emergency Services Superannuation Scheme established under the Emergency Services Superannuation Act 1986;

S. 3(1) def. of Special Investigations Monitor insertedby No. 79/2004 s.74.

Special Investigations Monitor means the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004;

S. 3(1) def. of spouse inserted by No. 8722
s. 2(a), substituted by No. 120/1994
s. 6(1)(b).

spouse means in relation to a person—

(a)that person's husband, wife, widower or widow; or

(b)a person of the opposite sex who, though not legally married to the first mentioned person, in the opinion of the ESS Board lives or lived with the first mentioned person as at the relevant date (being, in the case of a deceased person, the date of death) on a bona fide domestic basis as the husband or wife of the first mentioned person.

S. 3(2) inserted by No. 120/1994
s. 7(2).

(2)In this Act (other than in sections 59 and 62)—

(a)words importing the feminine gender include the masculine gender; and

(b)words importing the masculine gender include the feminine gender.

S. 3(3) inserted by No. 120/1994
s. 7(2).

(3)Without limiting the generality of subsection (2), in this Act (other than in sections 59 and 62) a reference to "his widow" is to be construed as a reference to "his or her spouse" where the member of the force or pensioner is deceased and other parts of speech and grammatical forms of "widow" are to be construed as having a corresponding meaning.

s. 3

S. 3(4) inserted by No. 52/2007
s. 4(2).

(4)In this Act a reference to a person who has been found guilty of an offence is a reference to a person—

(a)against whom a court has made a formal finding that he or she is guilty of the offence; or

(b)against whom a finding has been made under—

(i)section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or

(ii)section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—

or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria—

where—

s. 3

(c)if there has been any appeal against the finding in the period within which the finding may be appealed against, the appeal is concluded and the finding has not been overturned on the appeal; or