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