Police Regulation (Miscellaneous Amendments) Act 2001 (Vic)

Police Regulation (Miscellaneous Amendments) Act

2001

Act No. 9/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	1
4.	Time limit for appealing non-selection for promotion or
transfer—members	2
5.	Chief Commissioner consultation with DPP	2
6.	Other consultation with DPP	3
7.	Composition of Police Appeals Board	5
8.	Time limit for applying for review	5
9.	Constitution of Appeals Board for termination and dismissal
reviews	5
10.	New section 91MA inserted	6
91MA. Hearings to be public unless otherwise ordered	6
11.	Contempt of Appeals Board	6
12.	New section 91T inserted	7

91T. Extension of time 7

13.      Time limit for appealing non-selection for promotion or

transfer—protective services officers 7
14.	Disposal of unclaimed property 8
15.	Disputed property in police possession 8
16.	Fees and charges for police services 8
17.	New First Schedule inserted 8

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ENDNOTES 13

i

Victoria

No. 9 of 2001

Police Regulation (Miscellaneous

Amendments) Act 2001†

[Assented to 8 May 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Police Regulation Act 1958 in respect of the disciplinary provisions, the Police Appeals Board and other miscellaneous matters.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

Police Regulation (Miscellaneous Amendments) Act 2001

Act No. 9/2001

See:	In this Act, the Police Regulation Act 1958 is
Act No.
6338.	called the Principal Act.
Reprint No. 8
as at
15 October
1998
and amending Act Nos 30/1999 and 61/1999. LawToday: dpc.vic. gov.au

4.  Time limit for appealing non-selection for promotion or transfer—members

In section 8AA of the Principal Act, after sub-
section (3) insert—

"(4) An appeal must be lodged within 10 days

after the day on which the member is
notified of the member selected for
promotion or transfer.

(5) If the regulations provide for the notification

of members selected for promotion or
transfer, a member is to be taken, for the
purposes of sub-section (4), to have been
notified of a member selected for promotion
or transfer on the day on which the selection
is notified in accordance with the
regulations.".

5. Chief Commissioner consultation with DPP

In section 71 of the Principal Act, for
sub-section (2) substitute—
"(2) If the Chief Commissioner or authorised

officer reasonably believes that the member has committed an offence referred to in the First Schedule, the Chief Commissioner or authorised officer must not charge the

member with the commission of a breach of

Police Regulation (Miscellaneous Amendments) Act 2001

Act No. 9/2001 s. 6

discipline until the Chief Commissioner or
authorised officer has consulted the Director

of Public Prosecutions.

(2A) If the Chief Commissioner or authorised

officer reasonably believes that the member has committed any other offence, the Chief Commissioner or authorised officer may
consult the Director of Public Prosecutions
before charging the member with the

commission of a breach of discipline.".

6. Other consultation with DPP

(1) In section 86P of the Principal Act, after sub-

section (5) insert—
"(6) At any time during or after completing an

investigation, the Deputy Ombudsman may refer to the Director of Public Prosecutions the question of whether or not criminal
proceedings should be taken against any
member of the force.

(7) If the Deputy Ombudsman refers a question to the Director of Public Prosecutions under sub-section (6), the Deputy Ombudsman

must include that fact, and any details of the referral that he or she considers appropriate, in the report on the investigation under sub- section (5).".

(2) In section 86R of the Principal Act, for sub-

section (3) substitute—

"(3) After receiving the report on an investigation

or further investigation completed by the
Chief Commissioner, the Deputy

Ombudsman may—

(a)

in writing request the Chief Deputy Ombudsman considers

Police Regulation (Miscellaneous Amendments) Act 2001

s. 6	Act No. 9/2001
appropriate in addition to any action taken or proposed to be taken by the Chief Commissioner or in substitution
for any action proposed to be taken by the Chief Commissioner;

(b) Prosecutions the question of whether or

refer to the Director of Public taken against any member of the force.

(4) If the Deputy Ombudsman refers a question to the Director of Public Prosecutions under sub-section (3)(b)—

(a) the Deputy Ombudsman must notify the Chief Commissioner in writing—

(i) of the referral; and

(ii)

of the advice received from the respect of the referral; and

(b) any disciplinary action, or further
disciplinary action, against a member
who is the subject of the referral until
the Chief Commissioner has received

the Chief Commissioner must not take under paragraph (a)(ii).".

(3) In section 86S of the Principal Act, after sub-

section (3) insert—
"(4) If the Minister refers a question to the

Director of Public Prosecutions under sub-

section (3)—

(a) the Minister must notify the Chief Commissioner in writing—

(i) of the referral; and

Police Regulation (Miscellaneous Amendments) Act 2001

Act No. 9/2001	s. 7
(ii)

of the advice received from the respect of the referral; and

(b) any disciplinary action, or further
disciplinary action, against a member
who is the subject of the referral until
the Chief Commissioner has received

the Chief Commissioner must not take paragraph (a)(ii).".

7. Composition of Police Appeals Board

In section 89 of the Principal Act—

(a)	in sub-section (1), for "2 deputy chairpersons" substitute "2 or more deputy chairpersons";
(b)	in sub-section (2), for "One" substitute "At least one".

8. Time limit for applying for review

In section 91F of the Principal Act, after sub- section (2) insert—

"(2A) An application for a review must be made

within 14 days after the member is notified of the making of the decision to which the application relates.".

9.  Constitution of Appeals Board for termination and dismissal reviews

In section 91M of the Principal Act—

(a) substitute "3 of its members (at least one of

in sub-section (1), for "all its members" 5 years' standing)";

(b) in sub-section (3), for "sub-section (2)" substitute "sub-sections (1) and (2)".

Police Regulation (Miscellaneous Amendments) Act 2001

s. 10 Act No. 9/2001

10. New section 91MA inserted

After section 91M of the Principal Act insert—

"91MA. Hearings to be public unless otherwise

ordered

(1) Subject to this section, all hearings of the

Appeals Board must be held in public.

(2) The Appeals Board, on its own initiative or

on the application of a party, may direct that a hearing or any part of it be held in private, if the Appeals Board is satisfied that the
holding of the hearing or part in private
would facilitate the conduct of the
proceeding or would otherwise be in the
public interest.

(3) If the Appeals Board considers it necessary to do so in the public interest, it may make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information

derived from the hearing or part, except by,
or with the leave of, the Appeals Board.

(4) If an order is made under sub-section (3), the Appeals Board must cause a copy of the order to be displayed in a conspicuous place where the hearing is held.".

11. Contempt of Appeals Board

In section 91R of the Principal Act, after paragraph (c) insert—

Police Regulation (Miscellaneous Amendments) Act 2001
Act No. 9/2001

"(ca) contravene an order under section 91MA(3)

that has been displayed in accordance with
section 91MA(4); or".

12. New section 91T inserted

After section 91S of the Principal Act insert—

"91T. Extension of time

(1) The Appeals Board, on application by any

person, may extend any time limit fixed—

(a)	by or under this Act for the lodging of an appeal or the making of an application for a review; or
(b)	by or under this Act or the regulations for the doing of any other thing in, or in relation to, a proceeding before the Appeals Board.

(2) The Appeals Board may—

(a)	extend a time limit even if the time has expired before an application for extension is made;
(b)	impose conditions on the extension of a time limit.".

13.  Time limit for appealing non-selection for promotion or transfer—protective services officers

(1) In section 118B(4) of the Principal Act, omit "or

transfer".

(2) In section 118B of the Principal Act, after sub-

section (4) insert—

"(4A) An appeal must be lodged within 10 days

after the day on which the officer is notified

of the officer selected for promotion.

(4B) If the regulations provide for the notification
of officers selected for promotion, an officer

Police Regulation (Miscellaneous Amendments) Act 2001

s. 14 Act No. 9/2001

is to be taken, for the purposes of sub-section
(4A), to have been notified of an officer
selected for promotion on the day on which
the selection is notified in accordance with

the regulations.".

(3) In section 118B(6) of the Principal Act, omit "or

transfer".

14. Disposal of unclaimed property

In section 122 of the Principal Act—

(a)	in sub-section (3), for "police gaol within the meaning of the Community Services Act 1970" substitute "police gaol under Part 3 of the Corrections Act 1986";
(b)	in sub-section (5), after "an officer" insert ", or a person authorised in writing by the Chief Commissioner to direct the disposal of

property,".

15. Disputed property in police possession

In section 125 of the Principal Act, after "warrant to seize property" insert "issued under section 73 of the Magistrates' Court Act 1989".

16. Fees and charges for police services

In section 130(1) of the Principal Act, for
paragraph (de) substitute—

"(de) prescribing fees or charges that may be

imposed for the provision of services by
members of the force or persons employed in

the office of the Chief Commissioner;".

17. New First Schedule inserted

Before the Second Schedule to the Principal Act insert—

"FIRST SCHEDULE
Police Regulation (Miscellaneous Amendments) Act 2001

Act No. 9/2001

Section 71(2)

REPORTABLE OFFENCES

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

EQUIVALENT

1.1 Any level 1, 2, 3 or 4 offence.

1.2 Any indictable offence that is punishable by—

(a) level 1, 2, 3 or 4 imprisonment; or

(b) a level 1, 2, 3 or 4 fine; or

(c) both level 1, 2, 3 or 4 imprisonment and a level 1, 2, 3 or 4 fine.

1.3 Any indictable offence (other than an offence referred to in

item 1.1 or 1.2) that is punishable by a maximum term of imprisonment of 15 years or more or a maximum fine of 1800 penalty units or more, or both.

PART 2—OTHER CRIMES ACT OFFENCES

2.1 Offences against the person

An offence under section 18, 19(1), 20, 21, 21A(1), 22, 23,
24, 26, 28, 29(1), 30, 31(1) or 31A(1) of the Crimes Act

1958.

2.2 Sexual offences

An offence under section 39(1), 40(1), 44(3) or (4), 45(1),
47(1), 48(1), 49(1), 51, 52, 53, 54, 55, 56, 57, 58, 59(1),

60(1), 60A(1), 68, 69 or 70(1) of the Crimes Act 1958.

2.3 Child stealing

An offence under section 63 of the Crimes Act 1958.

2.4 Theft

An offence under section 74 of the Crimes Act 1958.

2.5 Burglary

An offence under section 76 of the Crimes Act 1958.

2.6 Fraud

Police Regulation (Miscellaneous Amendments) Act 2001

s. 17 Act No. 9/2001

An offence under section 81, 82, 83, 83A or 86 of the

Crimes Act 1958.

2.7 Secret commissions

An offence under section 176, 178 or 181 of the Crimes

Act 1958.

2.8 Destroying or damaging property

An offence under section 197(1) or (3), 198 or 199 of the Crimes Act 1958 if the Chief Commissioner reasonably believes that the amount or value of the property alleged to

be destroyed or damaged exceeds $500.

2.9 False statements

An offence under section 247 of the Crimes Act 1958.

2.10 Contamination of Goods

An offence under section 249, 250 or 251 of the Crimes

Act 1958.

2.11 Offences connected with explosive substances

An offence under section 317(3) or (4) or 317A of the

Crimes Act 1958.

2.12 Conspiracy to commit an offence

An offence under section 321(1) of the Crimes Act 1958.

2.13 Incitement

An offence under section 321G(1) of the Crimes Act 1958 in relation to an indictable offence referred to elsewhere in this Schedule or an offence that, if committed in Victoria, would be an indictable offence referred to elsewhere in this

Schedule.

2.14 Attempts

An offence—

(a)	under section 321M or 321O(2) of the Crimes Act 1958 of attempting to commit an indictable offence referred to elsewhere in this Schedule; or
(b)	an offence under section 321O(1) of the Crimes Act 1958 of attempting to commit in another State or in a

Police Regulation (Miscellaneous Amendments) Act 2001

Act No. 9/2001 s. 17

Territory an offence which, if committed in whole or in part in Victoria, would be an indictable offence referred to elsewhere in this Schedule.

2.15 Accessories

An offence under section 325(1) of the Crimes Act 1958 in relation to a serious indictable offence (within the meaning of that section) referred to elsewhere in this Schedule.

2.16 Concealing offences for benefit

An offence under section 326 of the Crimes Act 1958 in relation to a serious indictable offence (within the meaning of that section) referred to elsewhere in this Schedule.

2.17 Escapes

An offence under section 479A, 479B or 479C of the

Crimes Act 1958.

PART 3—OTHER STATUTORY OFFENCES

3.1 Any indictable offence under any of the following Acts (not being an offence referred to in Part 1)—

(a) Drugs, Poisons and Controlled Substances Act 1981;

(b) Firearms Act 1996;
(c) Prostitution Control Act 1994;

(d) Road Safety Act 1986.

3.2 An offence under section 95(1), 96(1), 127 or 127A of this
Act.

3.3 An offence under section 22 of the Crimes (Family

Violence) Act 1987.

PART 4—COMMON LAW OFFENCES

4.  The following offences at common law (not being an offence referred to in Part 1)—

(a) common assault involving an allegation of—

(i) any physical injury; or
Police Regulation (Miscellaneous Amendments) Act 2001

s. 17 Act No. 9/2001

(ii) the use of an offensive weapon within the meaning of section 77(1A) of the Crimes Act 1958 (regardless of whether or not there is any alleged physical injury);

(b) false imprisonment;
(c) affray;
(d) bribery of public official;

(e) misconduct in public office.".

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Police Regulation (Miscellaneous Amendments) Act 2001

Act No. 9/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 23 November 2000

Legislative Council: 20 March 2001

The long title for the Bill for this Act was "to amend the Police
Regulation Act 1958 in respect of the disciplinary provisions, the Police
Appeals Board and other miscellaneous matters and for other purposes."