Police Regulation (Pensions) Act 1958 (Vic)
Version No. 162
Police Regulation (Pensions) Act 1958
No. 6338 of 1958
Version incorporating amendments as at
31 October 2014
table of provisions
Section Page
1Short title and commencement
3Definitions
Part I—Appointments and Retirements
7Medical Board
16ARight to early retirement
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 25 November 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
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
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 partner to pension or gratuity
45Allowances and gratuities to children and dependants
45ARegistration of names of adult children
45BRegistration of names of dependants
46Scales of pensions, allowances and gratuities
46AMember may elect to increase partner's pension entitlement in certain circumstances
46BAmount of pension payable to pensioner
46CDisclosure of contents of medical reports
Approved service
47Service to be reckoned for pension
Grant revision forfeiture and offences in respect of pensions
50Assignment of benefits
51Payment of benefits if person is incapable of managing
financial affairs52Penalty for obtaining pension etc. by fraud
Rateable deductions
54Dismissal etc. for misconduct
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 2 January 1948
59Retrospective increase in certain widows' pensions
Provisions of 1950
60Definitions
61Increase of rates of pension to pensioners who retired before 30 June 1950
62Increase of rates of pension to widows entitled to pension
before 30 June 195063Appropriate 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
66Applications for pensions, gratuities etc.
67BPreservation of minimum benefit
Division 5—Beneficiary choice program
67CDefinitions
67DApplication to participate
67ECommutation
Part VI—Retired Police Reserve
104Qualifications
Part VII—Miscellaneous Provisions
119Governor may recommend increase of pensions etc.
130Regulations
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SCHEDULES
SCHEDULE 3
SCHEDULE 4—Scales of Pensions, Allowances and Gratuities
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 162
Police Regulation (Pensions) Act 1958
No. 6338 of 1958
Version incorporating amendments as at
31 October 2014
An Act to consolidate the Law relating to the Police Force in Victoria.
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):
1Short title and commencement
This Act may be cited as the Police Regulation (Pensions) 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.
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3Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
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Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
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domestic partner of a person means—
(a)a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b)a person to whom the person is not married but with whom, in the opinion of the ESS Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
ESS Board means the Emergency Services Superannuation Board established under the Emergency Services Superannuation Act 1986;
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the force means officers and other members of the police force of Victoria whether employed upon land or upon water;
member of the force shall apply to every person (whether male or female) employed in the force;
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Partmeans Part of this Act;
partner of a person means the person's spouse or domestic partner;
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police reservist means a person who held office as a police reservist under Part VI immediately before the commencement of section 282 of the Victoria Police Act 2013;
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Scheme means the Emergency Services Superannuation Scheme established under the Emergency Services Superannuation Act 1986;
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spouse of a person means the person to whom the person is, or was at the time of the person's death, married.
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(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.
(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 partner" 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.
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(5)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
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Part I—Appointments and Retirements
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7Medical Board
(1)The Governor in Council may from time to time appoint three persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) as a Board hereinafter designated the Medical Board for the purpose of examining the members of the force at such periods as the regulations for the time being in force may require; and the Governor in Council may from time to time remove any member of such Board, and appoint another in his stead.
(2)Any two members of such Board shall form a quorum and shall have and may exercise and perform all or any of the powers and duties of such Board.
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16ARight to early retirement
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(2)Any member of the force who becomes an officer within the meaning of the State Superannuation Act 1988 shall be entitled to elect to retire upon attaining the age of 50 years or at any time thereafter.
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Part III—Superannuation Gratuities Pensions Allowances and Funds
Division 1—Provisions applicable to members of the force appointed before November 25th 1902[1]
21Division to apply to appointments before 25 November 1902
Subject to the provisions of section forty this Division shall apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty-four or subsequently to the said date and shall not apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two.
22Rate of superannuation allowance
Any member of the force who has served for a period of not less than ten years and has attained the full age of fifty-five years may be superannuated, and shall on retirement receive at his option either a gratuity of one month's pay for each year's service, or a yearly pension according to the following scale; that is to say, after ten year's service ten-fiftieths of the pay received by him during the period of twelve consecutive months immediately preceding the date of his retirement and an increase of one-fiftieth for each succeeding year up to thirty years' service completed.
23Superannuation on account of ill health
(1)When any member of the force has served for ten years and has not attained the full age of fifty-five years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Governor in Council by the said Board, the Governor in Council may superannuate such member, and he shall thereupon be entitled to receive at his option the gratuity or the pension provided by the last preceding section for members of the force who have attained the full age of fifty-five years.
(2)Should any member of the force to whom a pension has on or after the twenty-first day of September One thousand nine hundred and fourteen been granted die before the sum to which he would have been entitled on his retirement as a gratuity has been received by him by way of pension then the difference between such sum and the amount actually received by him shall be paid to his widow and children.
24Gratuity or yearly pension to members disabled in the performance of duty
When any member of the force has served for a less period than ten years, if without his own default and in the discharge of his duty he receives such bodily injury as to incapacitate him for active service, he may retire from the force, and the ESS Board may grant to such member a gratuity not exceeding one month's pay for each year's service or a yearly pension not exceeding half the pay received by him during the year preceding his retirement, or in the event of his death before so retiring such gratuity shall be granted to his widow and children.
25Gratuity to members retiring from ill health
When any member of the force has served for a less period than ten years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Chief Commissioner, such member shall be entitled to his discharge and to receive a gratuity of one month's pay for each year of service at his then rate of pay.
26Conditions on which pensions are withdrawable
Any pension or retiring allowance shall be granted to members of the force only upon the condition that it is liable to be forfeited and may be withdrawn by the Governor in Council in any of the following cases—
(a)on conviction of the grantee for any indictable offence;
(b)on his knowingly associating with suspected persons thieves or other offenders;
(c)on his refusing to give information and assistance to the police whenever in his power for the detection and apprehension of criminals, and for the suppression of any disturbance of the public peace;
(d)on his refusing to resume his duties in his former office in the force when required by the Governor in Council;
(e)if he enters into or continues to carry on any business occupation or employment which in the opinion of the Governor in Council is disgraceful or injurious to the public or in which he makes use of the fact of his former employment in the police force in a manner which the Governor in Council considers to be discreditable and improper.
27Members retiring after twenty years' service
Every member of the force who has attained the age of forty years, and who has served not less than twenty years, shall be entitled to retire upon a gratuity at the rate of one month's pay for every year of service.
28Gratuity or pension to relatives where life lost on duty
Should any member of the force lose his life in the discharge of his duty, a gratuity or pension equal to what he would have been entitled to if he had reached the age of fifty-five years shall be paid to his widow or children or to any other relative of such member depending upon him for support as the ESS Board may determine.
29Allowances of retiring members to be considered when estimating gratuity etc.
Where under this Act the amount of any gratuity or retiring allowance to be granted to any member of the force is based upon the rate of pay of such member of the force, such rate of pay shall be understood to include not only the salary or wages which he may receive but likewise a money equivalent for the several allowances to which he is entitled as a member of the force, and the rate of this equivalent shall be estimated for each year by the ESS Board.
30Dismissed members not entitled to pension
No member of the force who has been discharged or dismissed therefrom for misconduct of any kind shall be entitled to any pension gratuity or allowance.
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36Time in other branches to count
Any member of the force claiming a gratuity or pension shall be entitled to count as service in the force any period served by him in any other branch of the public service of Victoria before he became a member of the force.
37Provision not to apply to transfer to police force from other public departments
The last preceding section shall not apply to any person who after the first day of November One thousand eight hundred and ninety-five has been or is transferred to the police force from any other branch of the public service unless such person was appointed to some office in the public service prior to the passing of the Act No. 710 and was employed continuously in the public service until such transfer.
For the purposes of this and the last preceding section the departments corresponding to the departments subject to the Railways Act 1958 respectively and to Part IX of The Constitution Act Amendment Act 1958 respectively and the department formerly subject to the Defence Act 1890 shall be deemed to have been branches of the public service.
38Definition of service in this Division
In this Division the words "service" or "served" wherever occurring shall, as from the first day of November One thousand eight hundred and ninety-five and so far only as regards any persons transferred to the police force as hereinbefore mentioned, be taken to refer to service in the police force.
Division 2—Provisions applicable to members of the force appointed on or after 25th November 1902
Introductory
39Definitions
(1)In this Division unless inconsistent with the context or subject-matter—
adult child has the same meaning as in section 45A(1);
dependant, in relation to a deceased person, means—
(a)his or her partner; or
(b)a child of the person; or
(c)any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;
medical certificate means a certificate in the form or to the effect of Form A or Form B of the Third Schedule to this Act, signed by not less than two of the members of the Medical Board;
pay means only salary or wages and does not include any allowances or any money equivalent for any allowances which (in addition to his salary or wages) a member of the force is entitled to receive as such;
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(2)For the purposes of this Division—
(a)the expression total disablement means total loss of earning capacity in any employment, and in the case of partial disablement the degree of disablement shall be based upon the degree to which earning capacity is affected;
(b)any injury suffered by a member of the force—
(i)whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty; or
(ii)whilst not on duty in the performance of some act which is within the scope of his ordinary duties; or
(iii)in consequence of some act performed in the execution of his duty;
shall be deemed to have been suffered in the execution of his duty; and
(c)any injury intentionally inflicted or incurred in the performance of a duty involving special risks shall be deemed to be a non-accidental injury.
Application of this Division
40Application to members of the force
(1)This Division shall apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty‑four and to members of the force appointed after the said date and save as hereinafter provided shall not apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two.
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(3)The provisions of this Division, unless otherwise expressly stated, shall apply to the Chief Commissioner in like manner, so nearly as circumstances admit, as they apply to any other member of the force, except that the certificate of approved service may be given by the Chief Secretary and that the Chief Commissioner shall be entitled after not less than ten years' approved service to receive an ordinary pension for life calculated in accordance with scale number two in the table in the Fourth Schedule to this Act and subject to the provisions and the general rules in the said Schedule.
(4)Notwithstanding anything in the foregoing provisions of this section the provisions of this Part shall not apply—
(a)to any person appointed to be a member of the police force other than a police cadet on or after the appointed day within the meaning of Part I of the Superannuation Act 1963; or
(b)to any member of the force who becomes an officer within the meaning of the Superannuation Act 1958 pursuant to Part I of the Superannuation Act 1963—
but this Part shall continue on and after the said day to apply to—
(i)police cadets; and
(ii)members of the force who do not become officers within the meaning of the Superannuation Act 1958;
Provided that when any police cadet is appointed to the rank of constable or any higher rank he shall cease to be subject to this Part and shall be entitled to a refund of the whole of the rateable deductions previously made from his pay.
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Retirement pensions allowances and gratuities
42Entitlement to pensions
(1)Every member of the force to whom this Part applies shall upon his retirement be entitled to receive an ordinary pension for life.
(2)Any member of the police force to whom this Part continues to apply after the transfer day within the meaning of Part I of the Superannuation Act 1963 and who at that time or at any time thereafter holds the rank of Chief Commissioner and who elects to retire at any time after attaining the age of sixty years and before attaining the age of sixty-five years shall notwithstanding anything to the contrary in this Act be entitled upon his retirement to receive a pension for life in accordance with the following provisions—
(a)the pension shall be a percentage as hereinafter provided of the pension which he would have received on retirement upon attaining the age of sixty-five years if his salary and years of service at that time were the same as on the actual day of retirement;
(b)if he retires on his sixtieth birthday the appropriate percentage shall be Seventy-five per centum;
(c)if he retires at any time after his sixtieth birthday the appropriate percentage shall be Seventy-five per centum plus an additional Five-twelfths per centum for every completed calendar month by which his age at the day of retirement is greater than on his sixtieth birthday.
42APensioner may elect to convert part of pension entitlement to lump sum payment entitlement
(1)Notwithstanding anything in this Act but subject to this section a pensioner who is receiving a pension under section 42 provided that he has not made an election under subsection (3) may, within the period of three months immediately prior to his attaining the age of 65 years, elect in writing to convert not more than 30 per centum of his fortnightly pension entitlement or $46.50, whichever is the greater to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the ESS Board.
(2)Where a pensioner makes an election under subsection (1) he shall be entitled to the lump sum payment when he attains the age of 65 years and his pension shall thereupon be reduced by the amount of the pension entitlement converted to a lump sum.
(3)Notwithstanding anything in this Act but subject to this section a contributor or pensioner (not being a pensioner at the commencement of the Superannuation Act 1980) who is or will be entitled to a pension under section 42 may, within the period commencing three months prior to his retirement and ending three months after his retirement, elect in writing to convert not more than 30 per centum of his fortnightly pension entitlement or $46.50, whichever is the greater to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the ESS Board.
(4)Where a contributor or pensioner makes an election under subsection (3) he shall be entitled to the lump sum payment on retirement or on the day on which he makes the election (whichever is the later) and his pension shall be reduced by the amount of the pension entitlement converted to a lump sum on the day on which he becomes entitled to the lump sum payment.
(5)Any election under this section shall apply only in relation to that part of the entitlement of the applicant which relates to the pension that would be payable to him after he becomes entitled to the lump sum payment, until his death.
(6)The provisions of this section shall not apply to enable a contributor or pensioner, who, at any time after he has attained the age of 55 years, has received a pension under section 43 to elect to convert any of his fortnightly pension entitlement under section 42 to a lump sum entitlement.
(7)A person shall not be entitled to make more than one election under this section.
43Pensions and gratuities to members of the force
Subject to the provisions of this Division every member of the force—
(a)if he has completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire and receive an ordinary pension for life; and
(b)if at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, shall be entitled on a medical certificate to retire and receive a special pension for life; and
(c)if he has not completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body not occasioned by such injury as aforesaid, shall be entitled on a medical certificate to retire and receive a gratuity.
44Entitlement of partner to pension or gratuity
(1)Where a member of the force dies—
(a)whilst serving in the force;
(b)whilst entitled to a pension under this Division; or
(c)in consequence of any disease or injury on account of which he retired from the force—
his partner shall, unless she is entitled under subsection (2) to a partner's special pension, be entitled, subject to this Division, to a partner's ordinary pension.
(2)Where a member or retired member of the force dies from the effect of an injury received in the execution of his duty without his own default, his partner shall, if the injury was non-accidental, be entitled, subject to this Division, to a partner's special pension.
(3)A partner who is entitled to a pension under this Division may apply to the ESS Board for a gratuity in lieu of the whole or any part thereof; and the ESS Board may if it thinks fit grant to any partner who is entitled to such a pension a gratuity in lieu of the whole or any part thereof.
(4)No benefit is payable under this Division to a partner who became the partner of a retired member of the force only after he or she had finally ceased to be a member of the force and within 2 years of the death of the retired member of the force.
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(6)A person is not entitled to receive under this Division at the same time more than one pension but is entitled to whichever of those pensions is the greater.
(7)Despite anything in this Division, only one partner pension is payable in the case of the death of any one member of the force or retired member of the force, and if after the ESS Board has made reasonable enquiries more than one person should appear to the ESS Board to qualify for a partner pension then—
(a)if the member of the force or retired member of the force has by request in writing to the ESS Board directed that the partner pension be paid wholly to one of the persons qualified to receive it or that each be paid part, the ESS Board must give effect to the expressed intentions;
(b)if paragraph (a) does not apply, the ESS Board must determine in accordance with subsection (8) which of the persons who qualifies is to receive the pension or must apportion it between them as the ESS Board considers appropriate.
(8)In making a determination under subsection (7), the ESS Board must consider all of the circumstances of the relationship between the deceased member or retired member of the force and each person who may qualify for a pension as a partner or former partner of the deceased member or retired member of the force, including, if applicable—
(a)the period of time for which that person was in a relationship with the member or retired member;
(b)the period of time since the relationship between that person and the member or retired member ended;
(c)the financial dependency of that person on the member or retired member at the date of death of the member or retired member;
(d)whether that person has any dependent children from his or her relationship with the member or retired member;
(e)any submissions made by that person to the ESS Board under subsection (9);
(f)any other factor that the ESS Board considers relevant.
(9)A person who was the partner of the deceased member or retired member of the force may make written submissions to the ESS Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or retired member.
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45Allowances and gratuities to children and dependants
Subject to the provisions of this Division—
(a)where a member of the force dies whilst in the force, or where a member of the force having been granted a pension dies his children—
(i)who are under the age of eighteen years; or
(ii)who are between the ages of eighteen years and twenty-five years and who in the opinion of the Board are full-time students—
and any adult children shall be entitled to allowances as provided in the Fourth Schedule;
(b)if a child or adult child of a member of the force is entitled to an allowance under this Division, the ESS Board may grant with the consent—
(i)of the member's partner; or
(ii)if there is no partner, the guardian of the child or adult child—
a gratuity not exceeding the value of the allowance payable under paragraph (a) as calculated by an actuary appointed by the ESS Board; and
(c)where a member of the force dies whilst in the force, or where a member of the force (having been granted a pension) dies within twelve months after the grant of the pension, or at any time from the effects of an injury received in the execution of his or her duty without his or her own default, the Board may grant a gratuity to any dependant who has been wholly or mainly dependent upon the member or, if there is more than one such dependant, apportion the gratuity between those dependants in accordance with section 45B.
45ARegistration of names of adult children
(1)For the purposes of section 45, a member or retired member of the force may register with the ESS Board the name of a child (an adult child) of himself or herself or of his or her partner who—
(a)has attained the age of 18 years; and
(b)is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and
(c)wholly or partially relies on the member or retired member for financial support.
(2)A person who is not registered under this section may lodge a claim in a form approved by the ESS Board to be considered an adult child—
(a)on the death of a member or retired member of the force; or
(b)if the person is a child of a deceased member or retired member of the force, on the expiration of his or her child pension.
(3)In determining whether a registered person or claimant is an adult child, the ESS Board must consider reports from at least 2 registered medical practitioners appointed by the ESS Board as medical officers for the purposes of this Act.
(4)A determination under this section may be subject to regular reviews by the ESS Board.
45BRegistration of names of dependants
(1)For the purposes of section 45, a member or retired member of the force may register the names of persons whom he or she considers to be his or her dependants (other than a partner or child) with the ESS Board.
(2)A person who has not been registered under subsection (1) may lodge a claim in a form approved by the ESS Board as a dependant of a deceased member or retired member.
(3)Before apportioning benefits under section 45, the ESS Board must consider whether any registered person or claimant under that section was a dependant of the deceased member or retired member.
(4)The ESS Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency.
(5)In making a determination under this section the ESS Board must consider—
(a)the degree of financial dependency of that person on the member or retired member at the date of death; and
(b)any other factor that the ESS Board considers relevant.
(6)Nothing in this section limits the ESS Board's discretion to determine what proportions (if any) of the deceased member's or retired member's benefits each dependant is to receive.
46Scales of pensions, allowances and gratuities
The pensions allowances and gratuities payable under this Division shall be in accordance with the scales and provisions contained in the Fourth Schedule to this Act; and the general rules contained in Part III of the said Schedule shall apply to such pensions allowances and gratuities.
46AMember may elect to increase partner's pension entitlement in certain circumstances
(1)A member of the police force to whom this Part applies may at any time not more than six months and not less than three months before attaining the age of his retirement make a proposal to increase the pension that would be payable to his partner should he predecease the partner after his retirement in consideration of—
(a)a reduction of the amount of pension that would be payable to him after his retirement; or
(b)a payment to the ESS Board.
(2)A member may not propose an increase in the pension payable to the partner if the increase in the partner's pension would make the partner's pension more than two-thirds of the pension that would be payable to the member upon his retirement disregarding the reduction (if any) proposed to be made.
(3)Every such proposal shall be in writing in the prescribed form signed by the member, shall be lodged with the ESS Board and shall specify (as the case requires) the amount by which the member proposes to reduce his pension or the amount he proposes to pay to the Board for the purchase of an increase in his partner's pension or both the amount so proposed to be reduced and the amount so proposed to be paid.
(4)The ESS Board must—
(a)arrange for the member to be examined by a registered medical practitioner appointed by the ESS Board; and
(b)forward to an actuary appointed by the ESS Board the medical report prepared under paragraph (a) together with any information that the ESS Board considers the actuary may require in relation to the member's proposal.
(5)The actuary shall consider the information and medical report and shall advise the Board on the member's proposal and certify the amount of the increase in the partner's pension that would in the opinion of the actuary be justified as a result of the proposed reduction in the member's pension or the proposed payment by the member.
(6)If the Board approves the member's proposal the Board shall notify the member in writing of such approval and of the amount certified to the Board by the actuary in accordance with the provisions of subsection (5).
(7)If the member notifies the Board in writing prior to his retirement that he accepts the amount of increase certified by the actuary—
(a)the pension payable to him on his retirement shall be reduced by the amount proposed by him and the amount of his partner's pension shall be increased by the amount certified to the Board by the actuary and accepted by the member prior to his retirement; and
(b)in the case of a proposal to purchase an increase in the partner's pension on payment of the amount proposed by the member to the Board the amount of his partner's pension shall be increased by the amount certified to the Board by the actuary and accepted by the member prior to his retirement.
46BAmount of pension payable to pensioner
(1)Notwithstanding any other provision of this Act the pension payable to any pensioner who is employed in the service of the Crown shall be reduced by the amount by which five-sevenths of the amount of his pension together with the remuneration he receives from his employment in the service of the Crown exceed the current equivalent of his salary on retirement.
(2)In this section—
current equivalent of the salary on retirement in relation to a pensioner means such salary as applies from time to time to the rank which the pensioner held on the day prior to his retirement, but, in the case of a pensioner who retired before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and on the day prior to such retirement held the rank of—
(a)superintendent, grade I—means such salary as applies from time to time to the rank of chief superintendent;
(b)superintendent, grade II—means such salary as applies from time to time to the rank of superintendent;
(c)inspector, grade I—means such salary as applies from time to time to the rank of inspector;
(d)inspector, grade II—means such salary as applies from time to time to the rank of inspector;
(e)sergeant—means such salary as applies from time to time to the rank of senior sergeant;
(f)senior constable—means such salary as applies from time to time to the rank of sergeant;
(g)first constable—means such salary as applies from time to time to the rank of senior constable;
employed in the service of the Crown in relation to a pensioner means a person employed under a contract of service—
(a)by the Crown whether employed pursuant to the Public Administration Act 2004, Part 2.4 of the Education and Training Reform Act 2006 or otherwise; or
(b)by any public statutory authority constituted under the law of the State—
whether the contract relates to permanent temporary casual full-time part-time or other type of employment.
(3)This section does not apply to the payment of a pension to a pensioner—
(a)who is in receipt of a pension under this Act as a widow of a member of the force or a pensioner;
(b)who being a pensioner became employed in the service of the Crown prior to the commencement of section 6 of the Superannuation (Amendment) Act 1969.
46CDisclosure of contents of medical reports
(1)Within 28 days of the receipt of a medical report under this Part, the ESS Board must provide access to the contents of the medical report to the member of the force to whom it relates in a way described in section 28(1) of the Health Records Act 2001.
(2)Despite subsection (1), the ESS Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.
Approved service
47Service to be reckoned for pension
(1)The service of a member of the force for the purposes of this Division (including service during any period declared by regulations to be a period of probationary service) shall be subject to such deductions in respect of sickness misconduct or neglect of duty as may be made therefrom in pursuance of any regulations, not exceeding the period during which he is absent from duty on account of sickness misconduct or neglect of duty (as the case may be).
(2)The expression approved service shall, for the purposes of this Division, mean such service as may, after such deductions as aforesaid (if any), be certified by the Chief Commissioner to have been diligent and faithful service and, in the case of a member of the police force who having been a member of the land sea or air forces of any part of the Queen's dominions joined the police force within a period of twelve months from the date of his discharge from such forces, shall include his war service.
(3)Where a deduction is made from the service of a member of the force in respect of sickness misconduct or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made; and he may appeal to the Chief Commissioner against any act of any superior officer which prevents him from reckoning any period of actual service as approved service and any period of actual service allowed by the Chief Commissioner on such appeal shall be deemed to be approved service.
(4)For the purposes of this section war service means service with the land sea or air forces of any part of the Queen's dominions during the war which commenced in the year One thousand nine hundred and fourteen or during the war which commenced in the year One thousand nine hundred and thirty-nine or any continuation thereof.
Grant revision forfeiture and offences in respect of pensions
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50Assignment of benefits
Benefits under this Part cannot in any way be assigned, charged or passed by operation of law other than under an Act of the Commonwealth.
51Payment of benefits if person is incapable of managing financial affairs
(1)The ESS Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.
(2)A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.
(3)If the ESS Board makes a determination under subsection (1), the ESS Board may cause that person's benefits or any part of that person's benefits to be paid to—
(a)the person's guardian or administrator; or
(b)if there is no guardian or administrator, a person nominated by the ESS Board for the benefit of that person and any or all of his or her dependants—
until the ESS Board determines that the person is capable of managing his or her financial affairs.
52Penalty for obtaining pension etc. by fraud
(1)Every person who obtains or attempts to obtain for himself or for any other person—
(a)any pension gratuity or allowance under this Division or any payment on account thereof; or
(b)the return of any rateable deductions from pay under this Division—
by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, shall be liable on conviction on indictment to imprisonment for a term of not more than two years, or on summary conviction to imprisonment for a term of not more than three months or to a penalty of not more than 0×5 penalty unit, and in any case to forfeit any pension gratuity allowance or other sum so obtained.
(2)Any penalty imposed or sum forfeited for an offence under this section shall be paid into the Scheme.
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54Dismissal etc. for misconduct
(1)A member of the force who for misconduct of any kind has been discharged or dismissed therefrom shall not be entitled to any pension or gratuity under this Division.
(2)Where a member of the force not having been discharged or dismissed for misconduct of any kind leaves the force without a pension or gratuity, there shall be paid to him the whole of the rateable deductions which have been made from his pay without any interest thereon:
Provided that where a member of the force is for misconduct of any kind discharged or dismissed, the whole or any part of such rateable deductions as aforesaid may be applied in such manner as the said Board recommends for the benefit of the member's partner, children or adult children (if any).
(3)On the death before retirement of a member of the force who leaves no partner there shall be paid to the personal representative of such member the whole of the rateable deductions which have been made from the pay of such member without any interest thereon, less the amount certified by the ESS Board to be necessary to pay any allowance or gratuity payable to the children or adult children or any other dependant of such member.
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Saving of right of dismissal and reduction
56Saving of right of dismissal and reduction in rank
Nothing in this Division shall prejudice any existing right of suspending reducing discharging or dismissing a member of the force or shall prevent his claim to pension or gratuity from being refused on account of misconduct or on account of any of the grounds on which a pension (if granted) would be liable to be forfeited and withdrawn.
Division 3—Additional provisions
Provisions of 1948 and 1949
57Definitions
In the next two succeeding sections unless inconsistent with the context or subject-matter—
pay means only salary or wages and does not include any allowance or any money equivalent for any allowance which (in addition to his salary or wages) a member of the force is entitled to receive as such;
pensioner means a person who has retired from the force and is receiving a pension pursuant to this Act or any corresponding previous enactment.
58Pensions of members who retired before 2 January 1948
(1)In the case of a pensioner who became a member of the force on or after the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—
(a)the pay on the said second day of January for the rank he held at retirement were his pay at the date of retirement; and
(b)subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension—
and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.
(2)Subject to the next succeeding subsection, in the case of a pensioner who became a member of the force before the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—
(a)he were a person to whom the provisions of Division two of Part III of this Act apply and who on the said second day of January retired from the force with the same rank and service as such pensioner; and
(b)subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act were not applicable to the calculation of such pension—
and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.
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(4)For the purposes of this section any pensioner who—
(a)served as a member of the force for not less than ten years;
(b)was not reduced in rank while a member of the force; and
(c)held the rank of constable at the time of his retirement—
shall be deemed to have held the rank of first constable at the time of his retirement.
(5)Notwithstanding anything in the foregoing provisions of this section—
(a)except insofar as paragraph (b) of this subsection applies, the rate of pension payable to any pensioner shall not at any time by virtue of this section be more than twenty-five per centum greater than the rate of pension payable to him immediately before the second day of January One thousand nine hundred and forty-eight;
(b)in the case of a pensioner who has elected as mentioned in subsection (3) of this section, as from and after the coming into operation of the Police Regulation (Amendment) Act 1949 the rate of pension payable to him shall not by virtue of this section be more than twenty-five per centum greater than the rate of pension which would have been payable to him at the date of his retirement if (apart from subsection (3) of this section) he had then been a person to whom Division two of Part III of the Police Regulation Act 1928 applied;
(c)no pensioner shall by virtue of this section (except by virtue of an election mentioned in subsection (3) of this section) suffer any reduction of the pension which he was receiving before the said second day of January.
59Retrospective increase in certain widows' pensions
(1)(a) Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force or of a pensioner was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the said second day of January and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;
(b)Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 and his widow was not entitled to receive any pension or was entitled to receive a pension of not more than $83.20 per annum, then as on and from the date of the death of the member or pensioner and as long as a pension is payable to her a pension of $104 per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the pensioner.
(2)(a) The pension of any widow (other than a widow referred to in the last preceding subsection) of a member of the force or pensioner who died before the second day of January One thousand nine hundred and forty-eight shall as on and from the said second day of January and as long as a pension is payable to her be the pension payable immediately before the said second day of January plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January;
(b)Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 the pension of his widow (not being a widow referred to in the last preceding subsection) shall as on and from the date of the death of the member or pensioner and as long as a pension is payable to her be the pension payable as at the date of the death of the member or pensioner plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the member or pensioner;
(c)Notwithstanding anything in the foregoing provisions of this subsection no pension payable to a widow shall by virtue of this subsection be so increased as to exceed at any time after the second day of January One thousand nine hundred and forty-eight—
(i)in the case of a widow's ordinary pension, the maximum pension payable under this Act appropriate to the relevant rank and service of her husband in the force;
(ii)in the case of a widow's special pension, an amount equal to one-third of the annual pay which would have been payable on the said second day of January to a member of the force having the same rank and service as her husband had at the time of his death or retirement; and in calculating the annual pay for the purposes of this subparagraph, subparagraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth Schedule to this Act shall not apply—
and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.
(3)The foregoing provisions of this section shall not apply in the case of a widow whose husband was not a person to whom the provisions of Division two of Part III of this Act or any corresponding previous enactment applied.
(4)Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force was receiving a pension pursuant to the provisions of section twenty-eight of the Police Regulation Act 1928 then as on and from the said second day of January and so long as a pension is payable to her the pension of such widow shall be the pension payable to her immediately before the said second day of January plus twenty-five per centum; and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.
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Provisions of 1950
60Definitions
(1)In the next three succeeding sections unless inconsistent with the context or subject-matter—
appointed day means the thirtieth day of June One thousand nine hundred and fifty;
pensioner means a person who has retired from the force before the appointed day and who on or after the appointed day is receiving a pension pursuant to the provisions of this Act or any corresponding previous enactment.
(2)For the purposes of the said sections and paragraph 5 of the Fourth Schedule to this Act any member of the force who held for any material period the rank of—
(a)constable (with at least ten years service and not having been reduced in rank)—shall be deemed to have held the rank of first constable;
(b)second-class sergeant or first-class sergeant—shall be deemed to have held the rank of sergeant;
(c)sub-inspector—shall be deemed to have held the rank of inspector—
for such period.
61Increase of rates of pension to pensioners who retired before 30 June 1950
(1)The rate of pension payable under this Act to each pensioner shall be—
(a)the rate payable under Division two of Part III of this Act to a member of the force who—
(i)on the appointed day first became entitled to a similar pension; and
(ii)during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement; or
(b)the rate payable to the pensioner immediately before the appointed day plus twenty per centum—
whichever is the lower rate.
(2)No pensioner shall by virtue of this section suffer any reduction of the rate of pension which he was receiving immediately before the appointed day.
62Increase of rates of pension to widows entitled to pension before 30 June 1950
(1)The rate of pension payable under this Act to any widow who became entitled to a widow's ordinary pension before the appointed day shall be—
(a)the rate which would be payable to her if she had first become entitled to the pension on the appointed day; or
(b)the rate payable to her immediately before the appointed day plus twenty per centum—
whichever is the lower rate.
(2)The rate of pension payable under this Act to any widow who became entitled to a widow's special pension before the appointed day shall be—
(a)the rate which would be payable to her if her husband—
(i)had on the appointed day while serving in the force died from the effects of a non-accidental injury received in the execution of his duty without his own default; and
(ii)during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as he held during the three years immediately prior to the date of his actual death or retirement; or
(b)the rate payable to her immediately before the appointed day plus twenty per centum—
whichever is the lower rate.
(3)The rate of pension payable under this Act to any widow to whom the foregoing subsections of this section do not apply shall be the rate payable to such widow immediately before the appointed day plus twenty per centum.
63Appropriate retrospective adjustments to be made
(1)Any necessary adjustments shall be made in respect of payments of pension made to any pensioner or widow after the appointed day.
(2)In respect of any such adjustments or of any adjustments authorized under the Police Regulation (Amendment) Act 1948 as amended by any Act payments shall (where the case so requires) be made to the personal representatives of a deceased recipient of pension in respect of the period up to death.
Provisions of 1955 and 1958
64Retrospective payments to pensioners widows and children already entitled to pensions etc.
(1)Notwithstanding anything in this Act the pension or allowance payable to or in respect of any pensioner widow or child to or in respect of whom a pension or allowance was payable under the Police Regulation Acts immediately before the commencement of the Police Regulation (Pensions) Act 1955 shall be at the respective rates provided by this section.
(2)In this section then rate of pension means the rate of pension, including any additional amount payable under the Superannuation Police and State Pensions Act 1953, that was payable (apart from the operation of this section) to or in respect of the pensioner or widow concerned immediately before the commencement of the Police Regulation (Pensions) Act 1955.
(3)Subject to this section the rate of pension payable to such a pensioner shall be—
(a)if his then rate of pension was not more than $364—such then rate increased by one-seventh thereof;
(b)if his then rate of pension was more than $364 but not more than $728—such then rate increased by $52;
(c)if his then rate of pension was more than $728—a rate of $780 or such then rate (excluding any additional amount payable under the Superannuation Police and State Pensions Act 1953) increased by one-sixth thereof (whichever is the greater).
(4)Subject to this section the rate of pension payable to such a widow shall be her then rate of pension increased by one-quarter thereof.
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(6)Notwithstanding anything in the foregoing provisions of this section—
(a)the rate of pension payable to any such pensioner shall not exceed the rate payable under Division two of Part III of this Act to a member of the force who—
(i)on the commencement of the Police Regulation (Pensions) Act 1955 first became entitled to a similar pension; and
(ii)during the three years immediately preceding the commencement of that Act held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement;
(b)the rate of pension payable to any such widow shall not exceed the rate which would be payable to her if she had first become entitled to the pension on the commencement of that Act.
Provisions of 1960
64ABasic rate of pension
(1)In this section basic rate of pension means the pension payable per annum to any pensioner or partner under the provisions of this Act other than the provisions of this section.
(2)(a) Where the basic rate of pension payable to a pensioner is not more than $728 the rate of pension payable to such pensioner shall be his basic rate of pension plus $65 or the rate of $728 per annum whichever is the less.
(b)Where the basic rate of pension payable to a widow is not more than $388.27 the rate of pension payable to such widow shall be her basic rate of pension plus $44.37 or the rate of $388.27 per annum whichever is the less.
General provision about final salary
64BFinal salary for superannuation benefit purposes
(1)Despite anything in this or any other Act, or in any regulations made under any other Act, for the purposes of determining the amount of superannuation benefits payable to a member of the force whose service is terminated by resignation during the period for which that member remains on probation for the rank to which he or she was most recently appointed, the final salary of that member must be taken to be the salary applicable, on the day before the resignation takes effect, to the previous rank of the member.
(2)In this section—
disability, in relation to a member of the force, means the inability of the member, due to a continuing or recurring injury, disease or infirmity, to perform his or her duties, or any other duties as directed by the Chief Commissioner, for which he or she is suited by education, training or experience, or for which he or she would be suited as a result of retraining as certified by at least 2 persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
previous rank, in relation to a member, means the rank of the member immediately before his or her most recent promotion on probation, whether or not his or her probationary appointment to that previous rank had been confirmed;
resignation means the termination of service by a member of the force other than by reason of death or disability.
Provision for indexation
64CIndexation of pensions
(1)In this section—
prescribed half year means the half year ended 30 June 1989 or any subsequent half year ending on 31 December or 30 June in respect of which the all groups consumer price index for Melbourne in original terms is higher than the previous highest all groups consumer price index for Melbourne in original terms for a half year ending on 31 December or 30 June in or since the half year ended on 30 June 1989;
prescribed percentage in relation to a prescribed half year after 30 June 1989 means the percentage calculated to 2 decimal places in accordance with the formula—
where—
Ais the all groups consumer price index for Melbourne in original terms for the prescribed half year;
Bis the all groups consumer price index for Melbourne in original terms for the next preceding prescribed half year.
(2)A pension under this Act, together with any supplementary pension granted under the Pensions Supplementation Act 1966 (whether granted before on or after the repeal of the Pensions Supplementation Act 1966), must—
(a)if it is then payable, be increased on the payment of the first instalment of pension in the month of December or June by an amount equal to one-sixth of the prescribed percentage for the next preceding prescribed half year (if any) of the pension for every whole month or part of a month during the preceding half year in respect of which a pension has been payable; or
(b)if for any reason it is not then payable, be notionally so increased as if then payable.
(3)If a pensioner becomes liable to have the amount of any pension, allowance, subsidy, concession or other benefit payable to the pensioner under the Social Security Act 1947 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth reduced by reason of an increase in the amount of the pensioner's fortnightly pension entitlement under this Act, the ESS Board may, on the application in writing of the pensioner at any time within the period commencing 3 months before the date on which the reduction is due to take effect and ending 3 months after the date on which the reduction took effect, convert the amount of the increase in the pensioner's fortnightly pension entitlement to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the Board.
(4)If an application by a pensioner under subsection (3) is approved by the ESS Board, the pensioner is entitled to the lump sum payment on the day on which the reduction in the amount of the Commonwealth pension or other benefit is due to take effect or on the day on which the approval is given (whichever is the later) and the pensioner's pension is to be reduced by the amount of the pension entitlement converted to a lump sum on the day on which the pensioner becomes entitled to the lump sum payment.
(5)An approval under this section operates to convert the proportion of the fortnightly pension entitlement of the pensioner's partner following the pensioner's death that is identical to the proportion of the pensioner's fortnightly pension entitlement that is converted.
Division 4—ESS Board
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66Applications for pensions, gratuities etc.
All applications for pensions, gratuities, allowances or lump sums under this Act or any corresponding previous enactment shall be made to the ESS Board.
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67BPreservation of minimum benefit
(1)If the amount of the benefit paid or payable under this Act in respect of any contributor or former contributor is less than the amount contributed by him or her to the Scheme and interest as determined by the ESS Board on that amount, there is to be paid out of the Scheme to that person in the manner that the ESS Board determines the difference between the two amounts.
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Division 5—Beneficiary choice program
67CDefinitions
In this Division—
Beneficiary Choice Scheme means the Beneficiary Choice Scheme established under Part 3A of the State Superannuation Act 1988;
eligible pensioner means a person who at any time during the election period is receiving, or becomes entitled to receive—
(a)a pension under section 42; or
(b)a pension as a partner under section 44; or
(c)a pension or a gratuity under section 43 and has attained 55 years of age; or
(d)a pension or a gratuity under section 43 and has not attained the age of 55 years, at the discretion of the ESS Board;
election period means the period—
(a)specified by the Minister in a notice published in the Government Gazette in respect of all or particular classes of eligible pensioners; and
(b)if the Minister on the advice of the ESS Board so decides, as extended to a later date as is specified by the Minister in a further notice published in the Government Gazette.
67DApplication to participate
(1)An eligible pensioner may during the relevant election period apply in writing to the ESS Board to participate in the beneficiary choice program in the form approved by the ESS Board.
(2)An eligible pensioner must elect to convert the whole or 50 per cent of his or her pension or gratuity entitlement.
(3)If an eligible pensioner has a partner, the eligible pensioner must also elect to convert the same percentage of his or her partner's pension entitlement.
(4)An application under this section—
(a)can not be withdrawn after it has been accepted by the ESS Board;
(b)ceases to have any effect if the applicant dies before the application is accepted by the ESS Board.
67ECommutation
(1)If the ESS Board accepts an application under section 67D, the ESS Board must commute the pension entitlement specified in the application into a complying pension under the Beneficiary Choice Scheme.
(2)The method of calculating the commutation benefit of an eligible pensioner under subsection (1) is to be determined by the Minister on the advice of an actuary appointed by the ESS Board.
(3)The ESS Board is released from any liability in respect of the entitlements of an eligible pensioner and of any partner specified in the application under section 67D as soon as the eligible pensioner becomes entitled to a complying pension under the Beneficiary Choice Scheme.
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Part VI—Retired Police Reserve
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104Qualifications
A person shall not be deemed a fit and proper person to continue as a police reservist unless—
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(b)he is free from any illness or physical defect which would render him physically unfit to perform the duties of a police reservist;
(c)he is an Australian citizen or a British subject within the meaning of section 55(2)(a) or (b) of the Interpretation of Legislation Act 1984 and of good character and reputation; and
(d)he has served for not less than two years in the police force of Victoria.
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Part VII—Miscellaneous Provisions
119Governor may recommend increase of pensions etc.
Nothing in this Act contained shall be taken to prevent the Governor from recommending by message to the Legislative Assembly any addition to any pension gratuity or allowance in consideration or recognition of any special services rendered by any member of the force entitled thereto or of any other unusual circumstances.
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130Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)deductions from service for sickness misconduct or neglect of duty;
(b)the mode in which pensions gratuities or allowances are to be paid;
(c)the declarations to be made as a condition of the payment of pensions gratuities or allowances payable under Division two of Part III of this Act;
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(e)appeals provided for in Division two of Part III of this Act and the costs of such appeals;
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(j)generally any matter or thing required or permitted to be prescribed or which is necessary or convenient to be prescribed for carrying this Act into effect.
Assent Date: 12.12.61 Commencement Date: 1.8.62: Government Gazette 1.8.62 p. 2694 CurrentState: All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 CurrentState: All of Act in operation
Police Regulation Act 1962, No. 6957/1962
Assent Date: 18.12.62 Commencement Date: 1.10.63: Government Gazette 25.9.63 p. 2916 CurrentState: All of Act in operation
Superannuation Act 1963, No. 7081/1963
Assent Date: 10.12.63 Commencement Date: 1.2.64: Government Gazette 1.2.64 p. 132 CurrentState: All of Act in operation
Public Service (Amendment) Act 1964, No. 7135/1964
Assent Date: 5.5.64 Commencement Date: 11.6.64: Government Gazette 10.6.64 p. 1895 CurrentState: All of Act in operation
Statute Law Revision Act 1964, No. 7142/1964
Assent Date: 5.5.64 Commencement Date: 5.5.64 but see s. 3 CurrentState: All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date: 14.12.65 Commencement Date: 14.12.65 but see s. 3 CurrentState: All of Act in operation
Public Officers Act 1965, No. 7349/1965
Assent Date: 14.12.65 Commencement Date: 14.12.65 CurrentState: All of Act in operation
Pensions Supplementation Act 1966, No. 7417/1966
Assent Date: 17.5.66 Commencement Date: Pt 1 on 17.5.66: s. 1(2); Pts 2, 3 on 25.5.66: Government Gazette 25.5.66 p. 1927 CurrentState: All of Act in operation
Public Officers (Long Service Leave) Act 1967, No. 7536/1967
Assent Date: 17.3.67 Commencement Date: 17.3.67 CurrentState: All of Act in operation
Police Regulation (Pensions) Act 1967, No. 7538/1967
Assent Date: 17.3.67 Commencement Date: 2.8.67: Government Gazette 2.8.67 p. 2445 CurrentState: All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5, 6, 7(k)(m)–(o)) on 1.4.70; ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 CurrentState: All of Act in operation
Superannuation (Amendment) Act 1969, No. 7910/1969
Assent Date: 16.12.69 Commencement Date: Ss 1, 2, 4–14 on 19.12.69: Government Gazette 19.12.69 p. 4136; s. 3 on 1.7.71: Government Gazette 19.8.70 p. 2827 CurrentState: All of Act in operation
Superannuation (Amendment) Act 1970, No. 8047/1970
Assent Date: 15.12.70 Commencement Date: 15.12.70 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1971, No. 8097/1971
Assent Date: 15.4.71 Commencement Date: 15.4.71 CurrentState: All of Act in operation
Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971
Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 CurrentState: All of Act in operation
Superannuation Act 1972, No. 8314/1972
Assent Date: 8.11.72 Commencement Date: 1.12.72: s. 1(2) CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1973, No. 8487/1973
Assent Date: 4.12.73 Commencement Date: 4.12.73 CurrentState: All of Act in operation
Police Regulation (Pensions) Act 1975, No. 8722/1975
Assent Date: 16.5.75 Commencement Date: 1.7.75: Government Gazette 1.7.75 p. 2327 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1975, No. 8745/1975
Assent Date: 5.11.75 Commencement Date: 5.11.75 CurrentState: All of Act in operation
Police Regulation (Long Service Leave) Act 1975, No. 8759/1975
Assent Date: 18.11.75 Commencement Date: 18.11.75 CurrentState: All of Act in operation
Police Regulation (Long Service Leave) Act 1976, No. 8959/1976
Assent Date: 16.12.76 Commencement Date: 16.12.76 CurrentState: All of Act in operation
Statute Law Revision Act 1977, No. 9019/1977
Assent Date: 17.5.77 Commencement Date: 17.5.77 but see s. 2(2) CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1977, No. 9066/1977
Assent Date: 29.11.77 Commencement Date: 7.12.77: Government Gazette 7.12.77 p. 3765 CurrentState: All of Act in operation
Police Regulation (Retired Police Reserve) Act 1980, No. 9392/1980
Assent Date: 13.5.80 Commencement Date: 20.5.80: Government Gazette 28.5.80 p. 1659 CurrentState: All of Act in operation
Police Regulation (Charges and Appeals) Act 1980, No. 9433/1980
Assent Date: 5.11.80 Commencement Date: Ss 1, 3–8 on 9.3.81: Government Gazette 4.3.81 p. 741; s. 2 on 1.4.81: Government Gazette 1.4.81 p. 1050 CurrentState: All of Act in operation
Superannuation Act 1980, No. 9460/1980
Assent Date: 16.12.80 Commencement Date: 1.1.81: Government Gazette 23.12.80 p. 4379 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1980, No. 9469/1980
Assent Date: 16.12.80 Commencement Date: 16.12.80 CurrentState: All of Act in operation
Police Regulation (Appointments) Act 1981, No. 9527/1981
Assent Date: 23.4.81 Commencement Date: 23.4.81 CurrentState: All of Act in operation
Statute Law Revision Act 1981, No. 9549/1981
Assent Date: 19.5.81 Commencement Date: 19.5.81 but see s. 2(2) CurrentState: All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date: 26.5.81 Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1981, No. 9646/1981 (as amended by No. 9902)
Assent Date: 15.12.81 Commencement Date: Ss 1, 3, 4 on 16.12.81: Government Gazette 16.12.81 p. 4148; s. 2 on 11.5.81: s. 1(4); s. 6 on 1.3.82: Government Gazette 24.2.82 p. 533; rest of Act on 28.4.82: Government Gazette 28.4.82 p. 1171 CurrentState: All of Act in operation
Superannuation (Lump Sum Benefits) Act 1981, No. 9672/1981
Assent Date: 22.12.81 Commencement Date: Ss 25(1)(a), 47 on 24.3.82: s. 1(3); s. 27 on 1.7.81: s. 1(4); s. 39 on 1.11.81: s. 1(5); rest of Act on 1.1.82: Government Gazette 23.12.81 p. 4261 CurrentState: All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date: 15.6.83 Commencement Date: 15.6.83 but see s. 2(2) CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1983, No. 9906/1983
Assent Date: 21.6.83 Commencement Date: 21.6.83 CurrentState: All of Act in operation
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date: 20.9.83 Commencement Date: S. 2 on 1.9.81: s. 1(4); s. 8 never proclaimed—repealed by No. 10096 s. 4(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035 CurrentState: All of Act in operation
Police Regulation (Police Reservists) Act 1983, No. 9975/1983
Assent Date: 29.11.83 Commencement Date: 29.11.83 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1984, No. 10031/1984
Assent Date: 27.3.84 Commencement Date: 27.3.84 CurrentState: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84 Commencement Date: 22.5.84 but see s. 3(2) CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1985, No. 10250/1985
Assent Date: 10.12.85 Commencement Date: Ss 1-5, 7, 8, 13, 15-21 on 11.12.85: Government Gazette 11.12.85 p. 4544; ss 11, 12 on 11.2.86: Government Gazette 11.2.86 p. 321; s. 9 on 19.3.86: Government Gazette 19.3.86 p. 676; s. 14 on 4.6.86: Government Gazette 4.6.86 p. 1609; s. 10 on 14.7.86: Government Gazette 9.7.86 p. 2686; s. 6 on 18.8.86: Government Gazette 6.8.86 p. 3011; s. 22 never proclaimed—repealed by No. 14/1988 s. 19 CurrentState: All of Act in operation
Coroners Act 1985, No. 10257/1985
Assent Date: 10.12.85 Commencement Date: Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 CurrentState: All of Act in operation
Superannuation Schemes Amendment Act 1985, No. 10258/1985
Assent Date: 10.12.85 Commencement Date: S. 7(1) on 1.1.86: Government Gazette 17.12.85 p. 4633 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Courts Amendment Act 1986, No. 16/1986
Assent Date: 22.4.86 Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Constitution (British Subjects) Act 1986, No. 61/1986
Assent Date: 16.9.86 Commencement Date: 27.5.87: Government Gazette 27.5.87 p. 1235 CurrentState: All of Act in operation
Community Services Act 1987, No. 16/1987
Assent Date: 12.5.87 Commencement Date: S. 4(3)(Sch. 1 item 18) on 22.2.89: Government Gazette 22.2.89 p. 386 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation (Protective Services) Act 1987, No. 32/1987
Assent Date: 12.5.87 Commencement Date: 10.6.87: s. 2 CurrentState: All of Act in operation
Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988
Assent Date: 11.5.88 Commencement Date: 11.5.88: Government Gazette 11.5.88 p. 1150 CurrentState: All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date: 24.5.88 Commencement Date: S. 93(2)(Sch. 2 Pt 2 item 45) on 1.7.88: Government Gazette 1.6.88 p. 1487 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation (Amendment) Act 1989, No. 15/1989
Assent Date: 16.5.89 Commencement Date: Ss 1–32 on 16.5.89: s. 2(1); s. 33 on 23.8.89: Government Gazette 23.8.89 p. 2146 CurrentState: All of Act in operation
County Court (Amendment) Act 1989, No. 19/1989
Assent Date: 16.5.89 Commencement Date: 1.8.89: Government Gazette 26.7.89 p. 1858 CurrentState: All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 CurrentState: All of Act in operation
Police Regulation (Further Amendment) Act 1990, No. 42/1990
Assent Date: 13.6.90 Commencement Date: 1.4.91: Government Gazette 27.3.91 p. 774 CurrentState: All of Act in operation
Police (Industrial Functions) Act 1992, No. 11/1992
Assent Date: 20.5.92 Commencement Date: 1.7.92: Government Gazette 3.6.92 p. 1306 CurrentState: All of Act in operation
Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992
Assent Date: 23.6.92 Commencement Date: 1.8.92: Government Gazette 22.7.92 p. 1874 CurrentState: All of Act in operation
Superannuation (Occupational Superannuation Standards) Act 1992, No. 49/1992
Assent Date: 30.6.92 Commencement Date: 30.6.92: Special Gazette (No. 31) 30.6.92 p. 2 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1992, No. 72/1992
Assent Date: 24.11.92 Commencement Date: 14.12.92: Government Gazette 9.12.92 p. 3680 CurrentState: All of Act in operation
Employee Relations Act 1992, No. 83/1992
Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 items 17.1, 17.2) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation (Discipline) Act 1993, No. 35/1993 (as amended by No. 118/1993)
Assent Date: 25.5.93 Commencement Date: Ss 1, 2, 18 on 25.5.93: s. 2(1); rest of Act on 26.8.93: Government Gazette 26.8.93 p. 2377 CurrentState: All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 CurrentState: All of Act in operation
Superannuation Acts (Further Amendment) Act 1994, No. 120/1994
Assent Date: 20.12.94 Commencement Date: S. 12 on 13.6.90: s. 2(2); s. 6 on 1.7.94: s. 2(7); s. 8 on 1.7.94: s. 2(7A); ss 7(1)(2), 9–11, 13 on 20.12.94: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 30 on 1.1.96: Government Gazette 21.12.95 p. 3571 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Superannuation Acts (Amendment) Act 1996, No. 4/1996
Assent Date: 18.6.96 Commencement Date: S. 134(7) on 30.6.96: s. 2(12) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation (Selection and Review) Act 1996, No. 23/1996
Assent Date: 2.7.96 Commencement Date: Ss 1, 2 on 2.7.96: s. 2(1); rest of Act on 2.8.96: Government Gazette 1.8.96 p. 1954 CurrentState: All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 65) on 1.1.97: s. 2(3) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996
Assent Date: 12.12.96 Commencement Date: S. 10(Sch. 2 item 18) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date: 17.12.96 Commencement Date: Ss 64–67 on 17.12.96: s. 2(1). CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police and Corrections (Amendment) Act 1997, No. 26/1997
Assent Date: 20.5.97 Commencement Date: Ss 38, 39 on 26.6.97: Government Gazette 26.6.97 p. 1433; ss 40–48 on 2.10.97: Government Gazette 2.10.97 p. 2731 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 74) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation and Firearms (Amendment) Act 1999, No. 30/1999
Assent Date: 1.6.99 Commencement Date: Pt 1 (ss 1, 2) on 1.6.99: s. 2(1); rest of Act on 22.8.99: Government Gazette 12.8.99 p. 1889 CurrentState: All of Act in operation
Police Regulation (Amendment) Act 1999, No. 61/1999
Assent Date: 21.12.99 Commencement Date: Ss 4–6, 8–19 on 2.4.00: Government Gazette 30.3.00 p. 569; s. 7 on 1.1.01: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000
Assent Date: 5.12.00 Commencement Date: S. 12 on 6.12.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation (Miscellaneous Amendments) Act 2001, No. 9/2001
Assent Date: 8.5.01 Commencement Date: 9.5.01: s. 2 CurrentState: All of Act in operation
Whistleblowers Protection Act 2001, No. 36/2001
Assent Date: 19.6.01 Commencement Date: S. 119 on 19.6.01: s. 2(1); ss 116–118 on 1.1.02: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Auction Sales (Repeal) Act 2001, No. 84/2001
Assent Date: 11.12.01 Commencement Date: S. 11 on 1.1.03: s. 2(4) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Assent Date: 18.6.02 Commencement Date: S. 11 on 19.6.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 9) on 17.6.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Monetary Units Act 2004, No. 10/2004
Assent Date: 11.5.04 Commencement Date: S. 15(Sch. 1 item 21) on 1.7.04: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Ombudsman Legislation (Police Ombudsman) Act 2004, No. 32/2004
Assent Date: 1.6.04 Commencement Date: Ss 9–20 on 2.6.04: s. 2 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004 (as amended by No. 79/2004)
Assent Date: 12.10.04 Commencement Date: Ss 3–6 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Major Crime (Investigative Powers) Act 2004, No. 79/2004 (as amended by No. 97/2004)
Assent Date: 16.11.04 Commencement Date: Ss 75, 97 on 16.11.04: s. 2(2); ss 74, 76–96, 98, 99 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 158) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Transport Legislation (Amendment) Act 2004, No. 110/2004
Assent Date: 21.12.04 Commencement Date: Ss 17, 18 on 22.12.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 83) on 12.12.05: Government Gazette 1.12.05 p. 2781 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Road Safety (Further Amendment) Act 2005, No. 24/2005
Assent Date: 31.5.05 Commencement Date: S. 26 on 1.6.05: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Defamation Act 2005, No. 75/2005
Assent Date: 2.11.05 Commencement Date: S. 49(Sch. 4 item 2) on 1.1.06: s. 2 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005
Assent Date: 29.11.05 Commencement Date: Ss 13–19 on 30.11.05: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Health Professions Registration Act 2005, No. 97/2005
Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 40) on 1.7.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Education and Training Reform Act 2006, No. 24/2006
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 31) on 1.7.07: Government Gazette 28.6.07 p. 1304 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 30) on 7.6.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Charter of Human Rights and Responsibilities Act 2006, No. 43/2006
Assent Date: 25.7.06 Commencement Date: S. 47(Sch. item 4) on 1.1.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 28) on 23.4.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 84) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Accident Towing Services Act 2007, No. 30/2007
Assent Date: 24.7.07 Commencement Date: S. 237 on 1.1.09: s. 2(3) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Justice and Road Legislation Amendment (Law Enforcement) Act 2007,
No. 52/2007
Assent Date: 17.10.07 Commencement Date: Ss 4(1), 8 on 1.4.08: Government Gazette 27.3.08 p. 607; ss 4(2), 5–7 on 1.6.08: s. 2(2) CurrentState: The information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation Amendment Act 2007, No. 67/2007
Assent Date: 11.12.07 Commencement Date: Ss 6, 8–10, 12, 14 on 18.3.08: Special Gazette (No. 70) 18.3.08 p. 1; ss 3–5, 7, 11, 13 on 16.4.08: Special Gazette (No. 100) 15.4.08 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 24) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Integrity Act 2008, No. 34/2008 (as amended by No. 60/2008)
Assent Date: 1.7.08 Commencement Date: Ss 133–141 on 2.7.08: s. 2(1); s. 142 on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Family Violence Protection Act 2008, No. 52/2008
Assent Date: 23.9.08 Commencement Date: S. 256 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Major Crime (Investigative Powers) and Other Acts Amendment Act 2008, No. 60/2008
Assent Date: 22.10.08 Commencement Date: Ss 9–12 on 23.10.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Stalking Intervention Orders Act 2008, No. 68/2008
Assent Date: 18.11.08 Commencement Date: S. 81 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Coroners Act 2008, No. 77/2008
Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 19) on 1.11.09: s. 2 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Justice Legislation Amendment Act 2009, No. 25/2009
Assent Date: 17.6.09 Commencement Date: Ss 22–26 on 3.9.09: Government Gazette 3.9.09 p. 2331 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Justice Legislation Further Amendment Act 2009, No. 55/2009
Assent Date: 22.9.09 Commencement Date: Ss 58, 59 on 30.10.09: Government Gazette 29.10.09 p. 2729 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 93) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 38) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 (as amended by No. 63/2010)
Assent Date: 9.2.10 Commencement Date: S. 107 on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 42) on 1.7.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Superannuation Legislation Amendment Act 2010, No. 40/2010 (as amended by No. 32/2011)
Assent Date: 30.6.10 Commencement Date: Ss 26–44 on 1.7.10: Government Gazette 1.7.10 p. 1359 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Personal Safety Intervention Orders Act 2010, No. 53/2010 (as amended by No. 20/2011)
Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 8) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010
Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 8) on 1.11.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation Amendment (Protective Services Officers) Act 2011, No. 2/2011
Assent Date: 29.3.11 Commencement Date: S. 3 on 21.4.11: Special Gazette (No. 125) 19.4.11 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 73) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Road Safety Amendment (Hoon Driving and Other Matters) Act 2011, No. 32/2011
Assent Date: 29.6.11 Commencement Date: S. 22 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011
Assent Date: 6.9.11 Commencement Date: Ss 3−5 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012
Assent Date: 20.3.12 Commencement Date: S. 11 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police and Emergency Management Legislation Amendment Act 2012, No. 35/2012
Assent Date: 13.6.12 Commencement Date: Ss 8, 9 on 14.6.12: s. 2(3) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Police Regulation Amendment Act 2012, No. 77/2012
Assent Date: 11.12.12 Commencement Date: Ss 4–16, 18–22 on 1.7.13: Special Gazette (No. 211) 18.6.13 p. 1; s. 17 on 1.4.14: s. 2(2) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12 Commencement Date: S. 164 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 314 on 11.2.13: s. 2(5) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012
Assent Date: 18.12.12 Commencement Date: S. 31(2) on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 2 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Protected Disclosure Act 2012, No. 85/2012
Assent Date: 18.12.12 Commencement Date: Ss 124–140 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013
Assent Date: 24.9.13 Commencement Date: S. 16 on 1.1.14: s. 2(3) Current State: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 29) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013
Assent Date: 19.11.13 Commencement Date: Ss 16, 17 on 19.11.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Crimes Amendment (Investigation Powers) Act 2013, No. 72/2013
Assent Date: 3.12.13 Commencement Date: S. 20 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Emergency Management Act 2013, No. 73/2013
Assent Date: 3.12.13 Commencement Date: S. 98 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 Current State: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Victoria Police Act 2013, No. 81/2013
Assent Date: 17.12.13 Commencement Date: Ss 278–285 on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 20) on 30.6.14: s. 2(5) CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014[4]
Assent Date: 26.8.14 Commencement Date: S. 151 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
Privacy and Data Protection Act 2014, No. 60/2014[5]
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 36) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Police Regulation (Pensions) Act 1958
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3. Explanatory Details
[1] Pt 3 Div. 1: See also Division 3 of Part 3.
[2] Pt 4 (Heading and ss 68–86): Pt 4 (Heading and ss 68–86) amended by Nos 6505 s. 2, 6833 s. 3, 6886 s. 3, 6957 s. 4(1)(b)–(g), 7349 s. 2(a)(b), 8097 s. 4, 8179 s. 3(j)(k), 8487 s. 3, 8745 ss 3, 5, 9019 s. 2(1)(Sch. item 185), 9066 ss 4, 5, 9433 ss 2, 3, 9646 ss 4(a)–(d), 5(a)–(f), 6(a)–(f), 7 (as amended by No. 9902 s. 2(1)(Sch. item 208)), 9902 s. 2(1)(Sch. item 207), 9906 s. 4, 9975 ss 4, 5, 10250 s. 9, 32/1987 s. 5(1)(2), 15/1989 ss 10–13, 42/1990 ss 4(2)–(6), 13(e), 11/1992 ss 6–13, 47/1992 s. 25(7)(a)(b), 83/1992 s. 184(Sch. 6 items 17.1(a)(b), 17.2(a)–(c)), 35/1993 ss 7–10, 35/1996 s. 453(Sch. 1 item 65.1), 59/1996 s. 10(Sch. 2 item 18), 26/1997 s. 40, 46/1998 s. 7(Sch. 1), 30/1999 ss 13–16, 61/1999 ss 6(2)(a)–(m)(3), 7, 8(a), 9/2001 s. 5, 36/2001 s. 116, 63/2004 s. 4(2), 108/2004 s. 117(1)(Sch. 3 item 158.3), 87/2005 s. 14, 67/2007 ss 4, 5, 34/2008 s. 142(2)(3), 55/2009 ss 58, 59, 68/2009 s. 97(Sch. item 93.2), 69/2009 s. 54(Sch. Pt 2 item 38), 13/2010 s. 51(Sch. item 42.4), 40/2010 s. 44(1), 13/2012 s. 11(2)–(6), 77/2012 ss 13, 14, 82/2012 s. 314(a)–(c), 85/2012 ss 125–129, 67/2013 s. 649(Sch. 9 item 29(1)), 68/2013 ss 16, 17, 72/2013 s. 20, repealed by No. 81/2013 s. 281.
[3]
Pt 4A (Heading and ss 86A–86U): Pt 4A (Heading and ss 86A–86U) inserted by No. 10250 s. 10, amended by Nos 14/1988 ss 14–16, 18(Sch. 1 items 1–22), 15/1989 ss 14–17, 57/1989 s. 3(Sch. item 156.6), 26/1997 ss 41–44, 30/1999 ss 17–20, 61/1999 s. 8(b), 9/2001 s. 6, 36/2001
ss 117–119, 32/2004 ss 9(2), 10–18, 63/2004 s. 4(3)–(7), 79/2004 ss 75–83 (as amended by No. 97/2004 s. 8(1)–(3)), 84–88 (as amended by No. 97/2004 s. 9(5)), 89 (as amended by No. 97/2004 ss 7(3)(4), 9(6)), 108/2004 s. 117(1)(Sch. 3 item 158.4), 87/2005 s. 15, 29/2006 s. 3(Sch. 1 item 30), 67/2007 ss 6, 7, 34/2008 ss 134–139, 142(4)–(16A) (as amended by No. 60/2008 s. 8), (17)–(22), 60/2008 ss 9–11, 13/2012 s. 11(7)–(12), 85/2012 ss 130–132, repealed by No. 81/2013 s. 281.
[4] Table of Amendments: The amendment proposed by section 151 of the Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014 is not included in this publication due to the earlier repeal of section 3(4)(b) by section 280(4) of the Victoria Police Act 2013, No. 81/2013.
Section 151 reads as follows:
151Police Regulation Act 1958
In section 3(4)(b) of the Police Regulation Act 1958—
(a)in subparagraph (i), after "17(1)(b)" insert "or 38X(1)(b)";
(b)in subparagraph (ii), after "17(1)(c)" insert "or 38X(1)(c)".
[5] Table of Amendments: The amendment proposed by section 140(Schedule 3 item 36) of the Privacy and Data Protection Act 2014, No. 60/2014 is not included in this publication due to the earlier repeal of section 118R by section 283 of the Victoria Police Act 2013, No. 81/2013.
Schedule 3 item 36 reads as follows:
36Police Regulation Act 1958
36.1In section 118R(4), for "Information Privacy Act 2000" substitute "Privacy and Data Protection Act 2014".
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