Police (Amendment) Regulations 2000 (Vic)

Police (Amendment) Regulations 2000

S.R. No. 23/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Amendment of objective	2
6.	Amendment of heading to Part 6	2
7.	Expenses	2
8.	Requirements for an appeal	2
9.	Effective date of lodgement	2
10.	Action to be taken after lodgement of an appeal	2
11.	Pre-hearing procedures	3
12.	New regulation substituted	3

606. Appearances in an appeal 3

13.	Procedures	4
14.	Extension of time	4
15.	Decision of the Police Review Commission	4
16.	New heading to Division 3 of Part 6	4
17.	Requirements for a review	4
18.	Effective date of lodgement	5
19.	Action to be taken after lodgement of an application for review	5
20.	Pre-hearing procedures	5
21.	New regulation 614 substituted and regulations 614A and 614B
inserted	6

614.	Chief Commissioner entitled to representation in reviews	6
614A.	Notice of intention to adduce certain evidence before the
Appeals Board	6
614B.	Compelling certain witnesses to appear before the
Appeals Board	6

22.	Revocation	7
23.	New regulation 616 substituted	7

616. Decision of Appeals Board 7

24.	Extension of time	7
25.	Travelling expenses	7

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NOTES 8

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STATUTORY RULES 2000

S.R. No. 23/2000

Police Regulation Act 1958

Police (Amendment) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 28 March 2000

Responsible Minister:

ANDRÉ HAERMEYER

Minister for Police and Emergency Services

STACEY ROBERTSON

Acting Clerk of the Executive Council

1. Objectives

The main objectives of these Regulations are to amend the Police Regulations 1992 to—

(a) make consequential amendments to Part 6 as a result of the abolition of the Police Review Commission and the establishment of the

Police Appeals Board; and

(b) set out the requirements for notices of intention to adduce certain evidence and applications for leave to call certain witnesses in reviews under Division 1 of Part IV of the Police Regulation Act 1958; and

(c) revoke prescribed travelling expenses.

2. Authorising provision

These Regulations are made under section 130 of the Police Regulation Act 1958.

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3. Commencement

These Regulations come into operation on

2 April 2000.

4. Principal Regulations

In these Regulations, the Police Regulations 19921 are called the Principal Regulations.

5. Amendment of objective

In regulation 102 of the Principal Regulations, for
"Review Commission" substitute "Appeals

Board".

6. Amendment of heading to Part 6

In the heading to Part 6 of the Principal
Regulations, for "REVIEW COMMISSION"

substitute "APPEALS BOARD".

7. Expenses

In regulation 601 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board".

8. Requirements for an appeal

In regulation 602 of the Principal Regulations—

(a)	in sub-regulation (1)(b), for "Police Review Commission" substitute "Appeals Board";
(b)	in sub-regulation (2), for "Commission" substitute "Appeals Board".

9. Effective date of lodgement

In regulation 603 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board".

10. Action to be taken after lodgement of an appeal
Police (Amendment) Regulations 2000

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In regulation 604 of the Principal Regulations—

(a)	in sub-regulation (2), for "Police Review Commission" substitute "Appeals Board";
(b)	in sub-regulation (3), for "Commission" substitute "Appeals Board".

11. Pre-hearing procedures

(1) In regulation 605(1) of the Principal

Regulations—

(a)	for "Police Review Commission" substitute "Appeals Board";
(b)	in paragraph (b), omit "and a statement of the experience of the person selected for promotion or transfer".

(2) In regulation 605(2) and (3) of the Principal

Regulations, for "Commission" substitute

"Appeals Board".

12. New regulation substituted

For regulation 606 of the Principal Regulations substitute—

"606. Appearances in an appeal

At the hearing of an appeal before the

Appeals Board—

(a) representative of the Chief

the Appeals Board must permit a practitioner, to be present at all times when an appellant or any person selected for promotion or transfer is addressing the Appeals Board and may permit that representative to address it; and

(b) the person selected for promotion or transfer is entitled to appear before the

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Appeals Board for the purposes of addressing it in support of the promotion or transfer; and

(c) the person selected for promotion or transfer is not entitled to be represented before the Appeals Board.".

13. Procedures

In regulation 607 of the Principal Regulations—

(a)	in sub-regulation (1), for "Police Review Commission" substitute "Appeals Board";
(b)	in sub-regulation (3), for "Commission" substitute "Appeals Board";

(c) sub-regulation (4) is revoked.

14. Extension of time

In regulation 608 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board".

15. Decision of the Police Review Commission

In regulation 609 of the Principal Regulations, for

"Commission" substitute "Appeals Board".

16. New heading to Division 3 of Part 6

For the heading to Division 3 of Part 6 of the
Principal Regulations substitute—

"Division 3—Reviews by the Appeals Board under Division 1 of Part IV or Section 91F of

the Act".

17. Requirements for a review

In regulation 610 of the Principal Regulations—

Police (Amendment) Regulations 2000

S.R. No. 23/2000

(a) after "under" insert "Division 1 of Part IV or";

(b) in paragraph (b)—

(i) for "Police Review Commission"
substitute "Appeals Board";

(ii) for "tenth" substitute "14th".

18. Effective date of lodgement

In regulation 611 of the Principal Regulations, for "Police Review Commission" substitute "Appeals Board".

19.  Action to be taken after lodgement of an application for review

(1) In regulation 612 of the Principal Regulations, for sub-regulation (1) substitute— "(1) As soon as practicable after an application

for review has been lodged, the Appeals of the application and the name of the applicant.".

(2) In regulation 612(2) and (3) of the Principal

Regulations—

(a) for "Commission" substitute "Appeals
Board";

(b) for "member" substitute "applicant".

20. Pre-hearing procedures

(1) In regulation 613(1) of the Principal

Regulations—

(a)	for "The Chief Commissioner" substitute "Subject to section 68E of the Act, the Chief Commissioner";
(b)	for "Police Review Commission" substitute "Appeals Board";

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(c) for "the Commission" (wherever occurring) substitute "the Appeals Board".

(2) In regulation 613(2) of the Principal

Regulations—

(a)	for "The applicant" substitute "Subject to section 68E of the Act, the applicant";
(b)	for "Commission" (wherever occurring) substitute "Appeals Board".

21.  New regulation 614 substituted and regulations 614A and 614B inserted

For Regulation 614 of the Principal Regulations substitute—

"614. Chief Commissioner entitled to

representation in reviews

At the hearing of a review under this Division the Appeals Board must permit a representative of the Chief Commissioner, other than a legal practitioner, to be present at all times when an applicant is addressing the Appeals Board and may permit that representative to address it.

614A. Notice of intention to adduce certain

evidence before the Appeals Board

A notice of intention under section 68E(3)(a) of the Act must—

(a) be in writing; and

(b) state the reasons why the Appeals Board should give leave.

614B. Compelling certain witnesses to appear before the Appeals Board

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An application under section 68F(1) of the Act to the Appeals Board for leave must—

(a) be in writing; and

(b)	state the name of the witness to be summoned to attend to give evidence or to produce documents; and
(c)	if the witness is to be summoned to attend to produce documents, contain a description of the documents to be produced; and
(d)

state the extraordinary grounds that the leave being given.".

22. Revocation

Regulation 615 of the Principal Regulations is revoked.

23. New regulation 616 substituted

For Regulation 616 of the Principal Regulations substitute—

"616. Decision of Appeals Board

The Appeals Board must report its decision on a review to the Chief Commissioner and to the applicant.".

24. Extension of time

In Regulation 617 of the Principal Regulations,
for "Police Review Commission" substitute

"Appeals Board".

25. Travelling expenses

Part 9 of the Principal Regulations is revoked.

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Police (Amendment) Regulations 2000

Notes S.R. No. 23/2000

NOTES

1 Reg 4: S.R. No. 118/1992. Reprint No. 2 as at 23 October 1997. Further

amended by S.R. No. 101/1999.