Justice Legislation Amendment (Police and Other Matters) Act 2022 (Vic)
Justice Legislation Amendment (Police and Other Matters) Act 2022
No. 37 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Sex Offenders Registration Act 2004
3When does a registrable offender have contact with a child?
4Initial report by registrable offender of personal details
5How reports to be made
6New section 23A inserted
7New section 73L inserted
8Schedule 2—Class 2 offences
9Statute law revision amendments
Part 3—Amendment of Victoria Police Act 2013
10Definitions
11Probation for promotion—police officers
12Functions of protective services officers
13Probation for promotion—protective services officers
14Duties and powers of protective services officers
15New sections 59A to 59C inserted
16Random testing
17Chief Commissioner may have regard to evidence in certain circumstances
18Charge found proven against officer
19What decisions are reviewable?
20New Part 9A inserted
21Victoria Police personnel duty not to access, use or disclose police information
22New Part 14A inserted
23New section 289 inserted
24Amendment of Schedule 5—Subject matter for regulations
Part 4—Amendment of Aboriginal Heritage Act 2006
25Suspension and revocation of registration
Part 5—Repeal of this Act
26Repeal of this Act
═════════════
Endnotes
1 General information
Justice Legislation Amendment (Police and Other Matters) Act 2022
No. 37 of 2022
[Assented to 6 September 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Sex Offenders Registration Act 2004 in relation to reporting requirements for registrable offenders, classes of offences and other minor matters; and
(b)to amend the Victoria Police Act 2013 in relation to—
(i)the promotion of police officers and protective services officers; and
(ii)the functions, duties and powers of protective services officers; and
(iii)the powers of police officers and protective services officers on and in the vicinity of police premises; and
(iv)drug and alcohol testing of members of Victoria Police personnel; and
(v)disciplinary actions against police officers and protective services officers; and
(vi)restorative engagement and redress for current and former members of Victoria Police personnel who have experienced sex discrimination or sexual harassment; and
(vii)access, use and disclosure of police information; and
(viii)fees and contracts for the provision of police services; and
(c)to amend the Aboriginal Heritage Act 2006 in relation to the revocation of the registration of a registered Aboriginal party.
2Commencement
(1)This Act (except sections 4, 5, 6, 22 and 24) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsections (3) and (4), sections 4, 5, 6, 22 and 24 come into operation on a day or days to be proclaimed.
(3)If section 4, 5 or 6 does not come into operation before 21 June 2023, it comes into operation on that day.
(4)If section 22 or 24 does not come into operation before 1 January 2024, it comes into operation on that day.
Part 2—Amendment of Sex Offenders Registration Act 2004
3When does a registrable offender have contact with a child?
In section 4A(e) of the Sex Offenders Registration Act 2004, after "forming" insert "or maintaining".
4Initial report by registrable offender of personal details
(1)In section 14(1) of the Sex Offenders Registration Act 2004—
(a)in paragraph (d), for "resides;" substitute "resides (if any);";
(b)in paragraph (daa), before "details" insert "if the person does not have an address referred to in paragraph (d),".
(2)In section 14(2)(e) of the Sex Offenders Registration Act 2004, for "14 days" substitute "7 days".
5How reports to be made
In section 23(1) of the Sex Offenders Registration Act 2004, for "A registrable offender" substitute "Subject to section 23A, a registrable offender".
6New section 23A inserted
After section 23 of the Sex Offenders Registration Act 2004 insert—
"23A Circumstances for electronic reporting
(1)The Chief Commissioner of Police may direct or permit a registrable offender to make a report referred to in section 23(1) by audio link, audio visual link or electronic communication, if the Chief Commissioner of Police reasonably believes that—
(a)a relevant declaration is in force; and
(b)a related circumstance referred to in subsection (2) exists.
(2)For the purposes of subsection (1)(b), a related circumstance is any one of the following—
(a)for a pandemic declaration—
(i)that the registrable offender resides or sleeps on a regular basis within an area to which the declaration applies; or
(ii)that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within an area to which the declaration applies; or
(iii)that the registrable offender is unable to make the report in person without contravening a pandemic order or a lawful direction given, or a requirement made, in the exercise of a pandemic management power or a public health risk power under the Public Health and Wellbeing Act 2008;
(b)for a declaration of a state of emergency—
(i)that the registrable offender resides or sleeps on a regular basis within the emergency area in which the state of emergency exists; or
(ii)that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the emergency area in which the state of emergency exists;
(c)for a declaration of a state of disaster—
(i)that the registrable offender resides or sleeps on a regular basis within the disaster area as defined in section 22(1) of the Emergency Management Act 1986; or
(ii)that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the disaster area as defined in section 22(1) of the Emergency Management Act 1986.
(3)Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in accordance with a direction or permission purportedly given under subsection (1).
(4)Subject to subsections (5) and (6), a registrable offender to whom a direction is given in accordance with subsection (1) must comply with that direction.
(5)If a registrable offender to whom a direction or permission is given under subsection (1) is a child, any parent or guardian of the child, or, if neither a parent nor guardian is available, an independent person, may make the report on the registrable offender's behalf.
(6)If a registrable offender to whom a direction or permission is given under subsection (1) has a disability that renders it impossible or impracticable for the registrable offender to make the report, any parent, guardian, carer or other person nominated by the registrable offender may make the report on the registrable offender's behalf.
(7)It is sufficient compliance with a requirement for a registrable offender to make a report if the report is made in accordance with a direction or permission purportedly given under subsection (1).
(8)In this section—
declaration of a state of disaster means a declaration made under section 23 of the Emergency Management Act 1986;
declaration of a state of emergency means a declaration made under section 198 of the Public Health and Wellbeing Act 2008;
pandemic declaration means a declaration made under section 165AB of the Public Health and Wellbeing Act 2008;
relevant declaration means—
(a)a pandemic declaration; or
(b)a declaration of a state of emergency; or
(c)a declaration of a state of disaster.".
7New section 73L inserted
At the end of Part 6 of the Sex Offenders Registration Act 2004 insert—
"73L Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2022
(1)On and from the commencement day, unless an order is made under this section, the old law continues to apply to an offence for which a person has been found guilty before the commencement day.
(2)A person who is a registrable offender merely because the person has been found guilty of a relevant offence may apply to the sentencing court for an order that the person ceases to be a registrable offender.
(3)An application under subsection (2) may be made during the period that commences on the commencement day and ends 2 years after the commencement day.
(4)On application under subsection (2), the sentencing court may make an order that the person ceases to be a registrable offender if the court is satisfied that the court would not have made a sex offender registration order under section 11 in relation to the person, if the relevant offence for which the person was sentenced were an offence to which Schedule 4 applied.
(5)A person who applies for an order under this section must serve a copy of the application for the order on the Chief Commissioner of Police as soon as practicable after the application is filed with the sentencing court.
(6)The Chief Commissioner of Police is a party to an application under subsection (2) and may make any submission to the sentencing court in respect of the application.
(7)An order of the sentencing court under this section has effect from the day on which it is made.
(8)In this section—
commencement day means the day on which section 8(1) of the Justice Legislation Amendment (Police and Other Matters) Act 2022 comes into operation;
new law means item 16A of Schedule 2 to this Act as in force on and after the commencement day;
old law means item 16A of Schedule 2 to this Act as in force before the commencement day;
relevant offence means an offence to which the old law applied before the commencement day but to which the new law does not apply on and after the commencement day;
sentencing court, in relation to a relevant offence, means the court that sentenced the offender for the relevant offence.
(9)This section is repealed on the third anniversary of the commencement day.".
8Schedule 2—Class 2 offences
(1)In item 16A of Schedule 2 to the Sex Offenders Registration Act 2004, after "Crimes Act 1958" insert "committed against a child".
(2)After item 28A(ivc) of Schedule 2 to the Sex Offenders Registration Act 2004 insert—
"(ivd)section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16) except if the offence does not involve an act in preparing or planning to engage in sexual activity with a person under 16 years of age or an act in preparing or planning to procure a person under 16 years of age to engage in sexual activity;".
9Statute law revision amendments
(1)In note 4 at the foot of section 6(1) of the Sex Offenders Registration Act 2004, for "class 1 or class 2" substitute "Class 1 or Class 2".
(2)In section 7(3) of the Sex Offenders Registration Act 2004, for "class 2" substitute "Class 2".
(3)In the heading to section 8 of the Sex Offenders Registration Act 2004, for "class 3 and class 4" substitute "Class 3 and Class 4".
Part 3—Amendment of Victoria Police Act 2013
10Definitions
In section 3(1) of the Victoria Police Act 2013 insert the following definitions—
"police premises means any premises occupied or used by Victoria Police, on a permanent or temporary basis, for any purpose related to the functions, duties or powers of Victoria Police—
(a)including the following—
(i)a police station;
(ii)an office;
(iii)a storage area;
(iv)a car park or part of a car park;
(v)an entrance foyer;
(vi)an exit point; and
(b)excluding a PSO pod;
PSO pod means a building or structure that is—
(a)located at or in the vicinity of a railway station; and
(b)occupied or used by Victoria Police for purposes related to the functions, duties or powers of protective services officers;".
11Probation for promotion—police officers
In section 32(2)(a) of the Victoria Police Act 2013, for "probation" substitute "promotion".
12Functions of protective services officers
(1)In section 37(c) of the Victoria Police Act 2013, before "certain places" insert "police premises and".
(2)At the end of section 37 of the Victoria Police Act 2013 insert—
"(2)In addition, a protective services officer has the functions conferred on the officer under any other Act.".
13Probation for promotion—protective services officers
In section 41(2)(a) of the Victoria Police Act 2013, for "probation" substitute "promotion".
14Duties and powers of protective services officers
For section 52(2) of the Victoria Police Act 2013 substitute—
"(2)In addition, a protective services officer has all the duties and powers imposed or conferred on the officer under this or any other Act, including—
(a)the duties and powers conferred on the officer while the officer is on duty—
(i)at a designated place; or
(ii)on or in the vicinity of police premises; and
(b)the special powers conferred on the officer by Part 3A of the Terrorism (Community Protection) Act 2003.".
15New sections 59A to 59C inserted
After section 59 of the Victoria Police Act 2013 insert—
"59A Powers relating to police premises—requests and directions
(1)A police officer or protective services officer on duty may request a person who is on or in the vicinity of police premises to provide—
(a)the person's reason for being on or in the vicinity of police premises; and
(b)if the police officer or protective services officer considers that the reason provided is not a legitimate reason, the person's name and residential address.
(2)A police officer or protective services officer on duty may direct a person who is on or in the vicinity of police premises to leave or not to enter the police premises, if the police officer or protective services officer believes on reasonable grounds that—
(a)the person does not have a legitimate reason for being on or in the vicinity of police premises; and
(b)the direction is necessary—
(i)to preserve the peace; or
(ii)to maintain the security of the police premises.
(3)A direction given under subsection (2) may include a direction that the person not return to or enter the police premises for a period of not more than 7 days without the permission of a police officer or protective services officer on duty, unless—
(a)the person has a legitimate reason to return to or enter the police premises; or
(b)it is not practicable for the person to obtain the permission of a police officer or protective services officer on duty.
(4)A direction referred to in subsection (3) must be—
(a)given in writing to the person; or
(b)displayed in a conspicuous place on or in the vicinity of the police premises.
(5)Before exercising a power under this section, a police officer who is not in uniform must—
(a)inform the person of the police officer's name and position; and
(b)show evidence of the police officer's name and position.
(6)A person must not refuse or fail to comply with, or provide false or misleading information in response to, a request made under subsection (1).
Penalty:5 penalty units.
(7)A person must not, without reasonable excuse, refuse or fail to comply with a direction given under subsection (2).
Penalty:5 penalty units.
(8)In this section—
legitimate reason includes the following—
(a)seeking the assistance of a police officer or protective services officer;
(b)reporting the commission of an offence to a police officer or protective services officer;
(c)providing information to a police officer or protective services officer;
(d)attendance required by law.
59BPowers relating to police premises—removal and arrest
(1)A police officer or protective services officer on duty may remove a person from or prevent a person from returning to police premises or the vicinity of police premises if—
(a)the person refuses or fails to comply with a direction given under section 59A(2); or
(b)the person hinders or obstructs the police officer or protective services officer in the exercise of a power under section 59A; or
(c)the person obstructs an entry to or exit from, or access to, the police premises; or
(d)the police officer or protective services officer believes on reasonable grounds that the person has committed an offence under this Act.
(2)A police officer or protective services officer on duty may arrest without warrant a person on or in the vicinity of police premises if—
(a)the person refuses or fails to comply with a direction given under section 59A(2); or
(b)the person hinders or obstructs the police officer or protective services officer in the exercise of a power under section 59A; or
(c)the police officer or protective services officer believes on reasonable grounds that the person has committed an offence under this Act.
(3)If a protective services officer arrests a person under subsection (2), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.
(4)A police officer or protective services officer on duty may use reasonable and necessary force in exercising a power under this section.
59CPowers relating to police premises—certain rights not limited
The powers set out in sections 59A and 59B are not intended to limit—
(a)the right of peaceful assembly; or
(b)the right to take part in public life by means of lawful protest, advocacy or industrial action.".
16Random testing
(1)In section 95 of the Victoria Police Act 2013 omit "from the persons to whom this Division applies".
(2)At the end of section 95 of the Victoria Police Act 2013 insert—
"(2)For the purposes of subsection (1), the Chief Commissioner may select a workplace or work unit within Victoria Police from which to choose by random selection one or more persons to whom this Division applies.".
17Chief Commissioner may have regard to evidence in certain circumstances
(1)After section 96(1)(d) of the Victoria Police Act 2013 insert—
"(da)if the person is a police recruit—in determining whether to terminate or extend the person's employment under section 36(5); or
(db)if the person is a protective services officer—in determining whether to terminate the person's appointment under section 38(6); or".
(2)After section 96(2)(b) of the Victoria Police Act 2013 insert—
"(ba)if the person is a police recruit—in determining whether to terminate or extend the person's employment under section 36(5); or
(bb)if the person is a protective services officer—in determining whether to terminate the person's appointment under section 38(6); or".
18Charge found proven against officer
In section 136(1) of the Victoria Police Act 2013—
(a)after "may" insert "do one or more of the following";
(b)for paragraph (a) substitute—
"(a)reprimand the officer;
(ab)reduce the officer's rank or seniority;
(ac)reduce the officer's remuneration;";
(c)at the end of paragraphs (b), (c), (d) and (e) omit "or".
19What decisions are reviewable?
(1)For section 146(1)(a) of the Victoria Police Act 2013 substitute—
"(a)to extend the probation for the officer's promotion; or".
(2)For section 146(2)(a) of the Victoria Police Act 2013 substitute—
"(a)to extend the probation for the officer's promotion; or".
20New Part 9A inserted
After Part 9 of the Victoria Police Act 2013 insert—
"Part 9A—Restorative engagement and redress scheme for current and former members of Victoria Police personnel
Division 1—Preliminary
174BDefinitions
In this Part—
Department means the Department of Justice and Community Safety;
scheme means the restorative engagement and redress scheme set out in this Part;
scheme determination means a determination made by the Secretary under section 174I;
Secretary means the Secretary to the Department of Justice and Community Safety;
sex discrimination means discrimination (within the meaning of the Equal Opportunity Act 2010) on the basis of any of the following attributes—
(a)breastfeeding;
(b)gender identity;
(c)lawful sexual activity;
(d)marital status;
(e)parental status or status as a carer;
(f)pregnancy;
(g)sex;
(h)sexual orientation;
(i)an expunged homosexual conviction;
sexual harassment has the same meaning as in the Equal Opportunity Act 2010.
174CObjective of the scheme
The objective of the scheme is to provide, in a manner that acknowledges past harm and minimises further harm, restorative engagement and redress for current and former members of Victoria Police personnel who have experienced sex discrimination or sexual harassment in connection with their service as Victoria Police personnel.
174DFunction of the Secretary
The function of the Secretary under this Part is to administer the scheme independently of Victoria Police and in a manner that acknowledges past harm and minimises further harm to current and former members of Victoria Police personnel.
174EDelegation by the Secretary
The Secretary, by instrument, may delegate to any person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act—
(a)the function set out in section 174D; or
(b)any of the Secretary's duties or powers under this Part, other than this power of delegation.
Division 2—Application and determination
174FPersons who may participate
(1)A current or former member of Victoria Police personnel (other than a special constable) may participate in the scheme if the person experienced sex discrimination or sexual harassment that—
(a)occurred while the person was a member of Victoria Police personnel; and
(b)was perpetrated by another member of Victoria Police personnel; and
(c)occurred before 13 December 2019; and
(d)occurred in connection with the person being a member of Victoria Police personnel.
(2)For the purposes of subsection (1)(d), sex discrimination or sexual harassment that occurred in connection with a person being a member of Victoria Police personnel includes sex discrimination or sexual harassment that occurred—
(a)while the person was on duty; or
(b)while the person was travelling to or at a place for a purpose related to the person being a member of Victoria Police personnel.
Example
Travel to or attendance at a work-related social function.
174GApplication to the Secretary
(1)A current or former member of Victoria Police personnel (other than a special constable) may apply to the Secretary for a scheme determination.
(2)An application must—
(a)be in writing in a form approved by the Secretary; and
(b)contain or be accompanied by information as to the matters set out in section 174F(1); and
(c)be accompanied by a statutory declaration as to the truth of the information in the application.
174HInitial determination
(1)On receiving an application under section 174G, the Secretary must determine whether the applicant may participate in the scheme.
(2)The Secretary must not determine that an applicant may participate in the scheme unless the applicant provides sufficient information to establish that the applicant has experienced sex discrimination or sexual harassment that satisfies the requirements of section 174F(1)(a) to (d).
(3)Subject to subsection (4), the Secretary must make a determination under this section—
(a)in a timely manner; and
(b)solely based on the information provided by the applicant.
(4)The Secretary may request an applicant to provide further information if necessary to make a determination under this section.
174IScheme determination
If the Secretary determines that an applicant may participate in the scheme, the Secretary must determine any one or more of the following—
(a)that an amount of money determined by the Secretary be paid to the applicant;
(b)that counselling or therapeutic services determined by the Secretary be provided to the applicant;
(c)that the applicant participate in a restorative engagement process.
174JNotice of determination
(1)After making a determination under section 174H or 174I, the Secretary must give the applicant written notice of the determination in a timely manner.
(2)Notice of a determination must include—
(a)reasons for the determination; and
(b)information about how the applicant may seek internal review of the determination.
174KApplication for internal review
(1)An applicant who has received notice of a determination under section 174J may apply to the Secretary for an internal review of the determination.
(2)An application for internal review must—
(a)be in writing in a form approved by the Secretary; and
(b)be made within 12 weeks of the applicant receiving notice of the determination; and
(c)be made before the applicant has accepted the benefit of any scheme determination made with respect to the application; and
(d)set out the reasons why the applicant disagrees with the determination.
(3)An application for internal review cannot be made with respect to a determination remade by the Secretary following an internal review under section 174M.
174LAppointment of internal reviewer
(1)Subject to this section, on receiving an application for internal review under section 174K, the Secretary must appoint an employee in the Department (an internal reviewer) to conduct an internal review of the determination.
(2)The Secretary is not required to appoint an internal reviewer to conduct an internal review if the Secretary considers that the application for internal review is frivolous, vexatious, misconceived or lacking in substance.
(3)An internal reviewer must not be a person who previously considered the application under section 174G as a delegate of the Secretary.
174MInternal review
(1)An internal reviewer appointed under section 174L must—
(a)conduct an internal review of the determination having regard to the application under section 174G; and
(b)make a decision to do one of the following—
(i)affirm the determination;
(ii)vary the determination;
(iii)set aside the determination and make a new determination;
(iv)remit the determination, accompanied by any recommendations of the reviewer, for remaking in accordance with section 174H or 174I.
(2)An internal reviewer must conduct an internal review in a timely manner.
(3)An internal reviewer may request an applicant to provide further information if necessary to conduct an internal review.
174NNotice of decision on internal review
(1)The Secretary must give the applicant written notice of any decision made by an internal reviewer under section 174M(1) in a timely manner.
(2)If the case so requires, notice under subsection (1) must include—
(a)the determination as affirmed, varied or newly made; and
(b)the reasons for that affirmation, variation or new making of the determination.
Division 3—Giving effect to scheme determination
174OSecretary must give effect to scheme determination
(1)Unless subsection (2) applies, the Secretary must take all reasonable steps to give effect to a scheme determination in a timely manner after the applicant is given notice under section 174J.
(2)If an applicant has applied for internal review, the Secretary must take all reasonable steps to give effect to any scheme determination affirmed, varied or newly made under section 174M in a timely manner after the applicant is given notice under section 174N.
Division 4—Other matters
174POther actions and remedies not affected
This Part does not affect the right of a current or former member of Victoria Police personnel—
(a)to take other action under this Act or any other Act; or
(b)to recover from any other person, in a civil proceeding or otherwise, any damages, compensation, assistance or payments of any kind.
174QAdmissibility of scheme materials in proceedings
(1)The following are not admissible as evidence in any proceeding—
(a)a document, including any copy of or extract from the document, that was—
(i)prepared by the Secretary in connection with the administration of the scheme or an application for a scheme determination; or
(ii)prepared by a person (other than the applicant) in connection with an action to give effect to a scheme determination;
(b)anything disclosed in connection with an application or an action to give effect to a scheme determination.
(2)The following documents are not admissible as evidence in any civil proceeding, except with the consent of the applicant to which they relate—
(a)an application for a scheme determination;
(b)a statutory declaration accompanying the application;
(c)an application for internal review;
(d)a document prepared by an applicant in response to a request for further information.
(3)A person cannot be required, by subpoena, summons or otherwise, to produce a document, or a copy of or extract from that document, or to give evidence that is inadmissible under this section.
Division 5—Repeal of this Part
174RRepeal of this Part
This Part is repealed on the third anniversary of its commencement.".
21Victoria Police personnel duty not to access, use or disclose police information
(1)For section 226(1) and (2) of the Victoria Police Act 2013 substitute—
"(1)A member or former member of Victoria Police personnel must not, without reasonable excuse, access, use or disclose police information unless the access, use or disclosure of that information is—
(a)directly related to the member's current functions or duties as a member of Victoria Police personnel; or
(b)authorised in accordance with section 230 or 231.
(2)For the purposes of subsection (1)(a), in determining whether access, use or disclosure of police information is directly related to a person's current functions or duties as a member of Victoria Police personnel, regard may be had to the Chief Commissioner's instructions.".
(2)Section 226(3) of the Victoria Police Act 2013 is repealed.
22New Part 14A inserted
After Part 14 of the Victoria Police Act 2013 insert—
"Part 14A—Fees for policing services
274ADefinitions
In this Part—
commercial event means—
(a)a sporting, entertainment or other event—
(i)where charges are made for admission to or participation in the event; or
(ii)that is commercial in nature; or
(iii)that is commercially promoted or sponsored; or
(b)an event, or an event of a class, prescribed by the regulations;
police services and goods means any one of more of the following—
(a)the policing services of—
(i)members of Victoria Police personnel, whether or not the personnel are rostered on for duty; or
(ii)protective services officers, whether or not the officers are rostered on for duty; or
(iii)Victoria Police employees, whether or not the employees are rostered on for duty;
(b)goods or services connected with the provision of policing services under paragraph (a).
274BFees for provision of police services and goods in connection with commercial events
(1)The Chief Commissioner may impose fees, determined in accordance with the regulations, on the promoter or organiser of a commercial event for the provision of police services and goods in connection with the event.
(2)Fees may be imposed under this section for the provision of police services and goods—
(a)to the place at which the commercial event is taking place; and
(b)in any area surrounding the commercial event for the purposes of traffic management or the performance of any of the functions of Victoria Police.
Note
The functions of Victoria Police are set out in section 9(1).
(3)Fees may also be imposed under this section in respect of the time spent by any members of Victoria Police personnel in planning for the provision of police services and goods in connection with a commercial event.
(4)Fees may be imposed under this section for the services of members of Victoria Police personnel whether or not those services are of a kind ordinarily performed, or required by law to be performed, by members of Victoria Police personnel.
(5)In addition to subsection (1), the Chief Commissioner may impose fees not provided for in the regulations for the provision of police services and goods in connection with a commercial event if the organiser or promoter of the event agrees to the imposition of those fees.
(6)Fees imposed under this section are a debt due to the State and payable to the Chief Commissioner on the delivery of the police services and goods to which they relate.
274CContracts and other arrangements for police services and goods
(1)The Chief Commissioner, on behalf of the State, may enter into a contract or other arrangement with a person operating a commercial enterprise for the provision of police services and goods in relation to that enterprise.
Example
An example of a commercial enterprise is a shopping centre.
(2)The amounts payable for the provision of police services and goods under a contract or other arrangement under this section—
(a)are as agreed between the Chief Commissioner and the person; or
(b)in the absence of any agreement, are to be determined in accordance with the regulations.
(3)Services of members of Victoria Police personnel that are not of a kind ordinarily performed, or required by law to be performed, by members of Victoria Police personnel—
(a)may be provided for in a contract or other arrangement under this section; and
(b)amounts may be payable to the Chief Commissioner under a contract or other arrangement under this section for the services.
(4)The provision of police services and goods under a contract under this section is good consideration for the contract.
274DRecovery of amounts payable
Any amount payable under this Part (including under a contract or arrangement under section 274C) may be recovered by the Chief Commissioner in a court of competent jurisdiction as a debt due to the State.
274ERefund, reduction or waiver
The Chief Commissioner may refund, reduce or waive the whole or any part of an amount paid or payable under this Part if the Chief Commissioner considers it appropriate to do so.
274FChief Commissioner may redeploy police services and goods
Nothing in this Part or in a contract or other arrangement under section 274C limits the ability of the Chief Commissioner to redeploy police services and goods for any purpose that the Chief Commissioner considers necessary.
274GRegulations prescribing amounts payable
(1)The regulations may prescribe the fees—
(a)that may be charged under section 274B; or
(b)that are payable if a contract or other arrangement under section 274C does not provide for an agreed fee.
(2)The regulations may prescribe that a fee prescribed under subsection (1) may be prescribed by reference to any one or more of the following—
(a)the types of police services and goods provided;
(b)flat rates or rates per hour or part of an hour;
(c)the same rate or amount for all members of Victoria Police personnel provided, or different rates or amounts, depending on—
(i)the rank or grade of members of Victoria Police personnel provided; and
(ii)whether members of Victoria Police personnel provided would or would not otherwise be on duty;
(d)in the case of police services and goods to be provided that are not ordinarily available within Victoria Police, the costs incurred by the Chief Commissioner in acquiring those police services and goods.".
23New section 289 inserted
After section 288 of the Victoria Police Act 2013 insert—
"289 Transitional provision—repeal of restorative engagement and redress scheme for current and former members of Victoria Police personnel
Despite the repeal of Part 9A by section 174, that Part as in force immediately before its repeal continues to apply in relation to—
(a)any application that is made under section 174G before the repeal of that Part; and
(b)any restorative engagement process under section 174A; and
(c)any disclosure made by a person to the Secretary before the commencement of that Part for the purpose of seeking any form of redress under a scheme administered by the Secretary that was the equivalent of the scheme set out in that Part.".
24Amendment of Schedule 5—Subject matter for regulations
For item 7.1 of Schedule 5 to the Victoria Police Act 2013 substitute—
"7.1Prescribing amounts and other matters for the purposes of Part 14A.".
Part 4—Amendment of Aboriginal Heritage Act 2006
25Suspension and revocation of registration
In section 156(2)(b) of the Aboriginal Heritage Act 2006, after "under administration" insert ", other than special administration under Part 11‑2 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth,".
Part 5—Repeal of this Act
26Repeal of this Act
This Act is repealed on 1 January 2025.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 2 August 2022
Legislative Council: 18 August 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Sex Offenders Registration Act 2004, the Victoria Police Act 2013 and the Aboriginal Heritage Act 2006 and for other purposes."
0
0
0