Untitled document

Police Regulation (Amendment) Act 1999

Act No. 61/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Definitions	2
5.	Abolition of Police Board	3
6.	Consequential amendments to Parts I and IV	3
7.	Chief Commissioner to consult with DPP before laying charges	5
8.	Consequential amendment of sections 86AB and 86J	5
9.	New heading to Part V	6
10.	New Division 1 substituted in Part V	6
Division 1—Establishment of Police Appeals Board	6

87.	Establishment of Appeals Board	6
88.	Functions of Appeals Board	6
89.	Membership of Appeals Board	6
90.	Remuneration	7
91.	Vacancies, resignation and removal from office	7
91A.	Acting members	8
91B.	Effect of vacancy or defect	8
91C.	Annual report of the Appeals Board	9

11.	Appeals and reviews by Appeals Board	9
12.	New section 91G substituted	10

91G. Appeals Board's powers on a review 10

13.	Procedure on review	11
14.	New Division 3 inserted in Part V	12
Division 3—General Procedure of Appeals Board	12

91J.	Natural justice	12
91K.	Appeal Board must have regard to public interest and
interests of applicant on review	12
91L.	General procedure of Appeals Board	12
91M.	Constitution of Appeals Board for appeals and reviews	13
91N.	Appearance and representation	14
91O.	Evidence	14
91P.	Witness summons	14

i

Section Page

91Q.	Chief Commissioner to give effect to Appeals Board
orders and decisions 16
91R.	Contempt of Appeals Board 16
91S.	Protection of participants 16

15.	Police reservists and protective service officers	17
16.	New section 123 inserted	17

123. Immunity of members 17

17.	Regulations	18
18.	New section 131 inserted	18

131.        Transitional provisions on abolition of Police Board and

Police Review Commission 18

19.	Consequential repeal of Schedule 1A	19
20.	Consequential amendments	20

__________________

SCHEDULE—Consequential amendments 21

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NOTES 22

ii

Victoria

No. 61 of 1999

Police Regulation (Amendment) Act

1999†

[Assented to 21 December 1999]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Police

Regulation Act 1958—

(a) to establish the Police Appeals Board;

(b)	to abolish the Police Board and the Police Review Commission;
(c)	to protect members of the police force from civil action arising from the performance of their duties;

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 2

(d) to amend the Juries Act 1967 and the Ombudsman Act 1973.

2. Commencement

(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into

operation before 1 January 2001, it comes into

operation on that day.

3. Principal Act No. 6338.
Reprint No. 8

In this Act, the Police Regulation Act 1958 is	as at
15 October
called the Principal Act.	1998. Further amended by
No. 30/1999.

4. Definitions

In section 3(1) of the Principal Act—

(a)	the definitions of "appointed member" and "Police Board" are repealed;
(b)	insert the following definitions— ' "Appeals Board" means Police Appeals

Board established by section 87;

"insolvent under administration" means—

(a)	a person who is an undischarged bankrupt; or
(b)	of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the

a person who has executed a deed terms of the deed have not been fully complied with; or

(c) a person whose creditors have accepted a composition under

Police Regulation (Amendment) Act 1999

s. 5 Act No. 61/1999

Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
a final payment has not been made

under that composition; or

(d) agreement has been made under
Part IX of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of

a person for whom a debt the debt agreement has not ended or has not been terminated;

"legal practitioner" has the same meaning as in the Legal Practice Act 1996;'.

5. Abolition of Police Board

Sections 4A, 4B, 4C, 4D, 4E, 4F and 4G of the

Principal Act are repealed.

6. Consequential amendments to Parts I and IV

(1) In section 8AA(1) of the Principal Act for "Police

Review Commission" substitute "Appeals

Board".

(2) In the Principal Act—

(a) in sections 68A(3) and 68B(1) for "Police Board" substitute "Appeals Board".

(b) in section 68C(1)—

(i)  after "review" insert "under this Division";

(ii)  for "Police Board" substitute "Appeals Board";

(c) in section 68C, sub-sections (2) and (4) are repealed;

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 6

(d) in section 68D(1)—

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

(ii)  for "the Board" (wherever occurring) substitute "the Appeals Board";

(e)	in section 68D(2), (4) and (5), for "Board" (wherever occurring) substitute "Appeals Board".
(f)	in section 68E, sub-sections (1) and (2) are repealed;

(g) in section 68E(3)—

(i)

for "Board" (where first occurring) under this Division";

(ii)  in paragraphs (a) and (b) for "Board" substitute "Appeals Board";

(h) in section 68E(5), for "Board" substitute "Appeals Board";

(i) in section 68F(1)—

(i)  after "review" insert "under this Division";

(ii) for "Board" substitute "Appeals
Board";

(j) in section 68F—

(i)  in sub-section (2) for "Board" substitute "Appeals Board";

(ii) sub-sections (3) and (4) are repealed; (k) in section 68G—

(i) sub-section (1) is repealed;

Police Regulation (Amendment) Act 1999

s. 7 Act No. 61/1999

(ii)

in sub-section (2) for "the review" Division";

(l) in section 68G(3)—

(i) for "Board" substitute "Appeals
Board";

(ii)  after "review" (where first occurring) insert "under this Division";

(m) sections 68H and 68I are repealed.

(3) In section 70(4) of the Principal Act for "Police

Review Commission" substitute "Appeals
Board".

7.  Chief Commissioner to consult with DPP before laying charges

After section 71(1) of the Principal Act insert—

"(2) If the Chief Commissioner or authorised

officer reasonably believes that the member charge him or her with the commission of a breach of discipline until the Chief Commissioner or authorised officer has consulted the Director of Public Prosecutions.".

may have committed an offence, the Chief

8. Consequential amendment of sections 86AB and 86J

In the Principal Act—

(a) in section 86AB(1) for "any such action and on any action taken by the Chief Commissioner upon reviews by the Police Review Commission or the Police Board" substitute "that action (including the result of any Appeals Board review of that action)";

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 9

(b) in section 86J(5) for "Police Service Board or the Police Discipline Board" substitute "Appeals Board".

9. New heading to Part V

For the heading to Part V of the Principal Act substitute—

"PART V—POLICE APPEALS BOARD".

10. New Division 1 substituted in Part V

For Division 1 of Part V of the Principal Act substitute—

"Division 1—Establishment of Police Appeals

Board

87.	Establishment of Appeals Board The Police Appeals Board is established.
88.	Functions of Appeals Board The functions of the Appeals Board are—
(a)	to hear and determine appeals under section 8AA or 118B(4);
(b)	to conduct reviews of decisions on application under section 91F;
(c)	to conduct reviews under Division 1 of Part IV;
(d)	any other functions conferred on it by or under this or any other Act.

89. Membership of Appeals Board
Police Regulation (Amendment) Act 1999

s. 10 Act No. 61/1999

(1) The Appeals Board consists of a chairperson

and 2 deputy chairpersons appointed by the
Governor in Council.

(2) One of the members of the Appeals Board

must be a legal practitioner of at least 5
years' standing.

(3) A member holds office, subject to this Act,

for the term specified in his or her instrument
of appointment, not exceeding 3 years from
the date of appointment, and is eligible for
re-appointment.

(4) The Public Sector Management and

Employment Act 1998 does not apply to a member in respect of the office of member.

90.

Remuneration to be paid the remuneration and allowances (if any) fixed from time to time by the Governor in Council.

91.  Vacancies, resignation and removal from office

(1) The office of a member of the Appeals

Board becomes vacant if he or she—

(a)	becomes an insolvent under administration; or
(b)	is convicted of an offence punishable by imprisonment; or
(c)	resigns from office by delivering a signed letter of resignation to the Minister; or
(d)	is removed from office under sub- section (2).

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 10

(2) The Governor in Council, on the

recommendation of the Minister, may
remove a member from office if the

member—

(a)	becomes incapable of performing his or her duties; or
(b)	is negligent in the performance of those duties; or

(c) engages in improper conduct; or

(d) is convicted of an offence.

91A. Acting members

(1) If a member of the Appeals Board is unable to perform the duties of the office, the qualified to be appointed as that member to act as the member during the period of inability.

(2) The Governor in Council—

(a)	subject to this Act, may determine the terms and conditions of appointment of an acting member; and
(b)	may at any time terminate the appointment.

(3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member.

91B. Effect of vacancy or defect

(1) An act or decision of the Appeals Board is not invalid only because—

(a) of a vacancy in its membership; or

Police Regulation (Amendment) Act 1999

s. 11 Act No. 61/1999

(b) of a defect or irregularity in the appointment of any of its members.

(2) Sub-section (1)(a) does not apply in respect of a review referred to in section 91M(1).

91C. Annual report of the Appeals Board

(1) The Appeals Board must prepare a report in respect of each year ending on 30 June on its work and activities for that year.

(2) The Appeals Board must submit the report to the Minister not later than 30 September next following.

(3) The Minister must cause a copy of each report submitted to him or her under this section to be laid before each House of the

Parliament as soon as possible after receiving the report.".

11. Appeals and reviews by Appeals Board

(1) In the heading to Division 2 of Part V of the Principal Act for "Commission" substitute "Appeals Board".

(2) In the Principal Act—

(a) in section 91E, sub-section (2) is repealed;

(b)	in section 91F(1) for "Commission" substitute "Appeals Board";
(c)

in section 91F(4), after the definition of ' "member of the force" includes a person

who was a member of the force
immediately before his or her dismissal
or the termination of his or her
appointment.'.

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 12

12. New section 91G substituted

For section 91G of the Principal Act substitute—

"91G. Appeals Board's powers on a review

(1) On a review under this Division, the Appeals Board may, subject to this section—

(a) affirm the decision under review; or

(b)	set aside the decision under review and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or
(c)	refer the matter for determination by the Chief Commissioner in accordance with any directions or

set aside the decision under review and Board.

(2) On a review of a decision to terminate a

member's appointment or to make a
determination to dismiss a member, the

Appeals Board may—

(a)	order the Chief Commissioner to re- instate the applicant as a member of the force; or
(b)	would be impracticable to re-instate the applicant, order the Chief Commissioner to pay to the applicant an amount of compensation not exceeding the amount of remuneration

if the Appeals Board considers that it months immediately before being dismissed or terminated.

Police Regulation (Amendment) Act 1999

s. 13 Act No. 61/1999

(3) Sub-section (2) does not apply to a review of

a decision to make a determination under
section 80(1)(e) to dismiss a member.

(4) If the applicant was on leave without full pay

during any part of the period of 12 months
immediately before being dismissed, the
maximum amount of compensation that may
be ordered under sub-section (2)(b) to be
paid is to be determined as if the applicant
had received full pay while on leave.

(5) When assessing any compensation payable,

the Appeals Board must take into account—

(a)

whether the applicant made a employment; and

(b) alternative employment or that would
have been payable if the applicant had

the remuneration received in any employment.".

13. Procedure on review

In section 91H of the Principal Act—

(a) sub-section (1) is repealed;
(b) in sub-section (2)—

(i)  for "a member who is the subject of an appeal or review" substitute "an appellant or applicant for review under this Division";

(ii) for "inquiry, the Commission"
substitute "appeal or review, the
Appeals Board";

(c) sub-section (3) is repealed.
Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 14

14. New Division 3 inserted in Part V

After section 91I of the Principal Act insert—

'Division 3—General Procedure of Appeals

Board

91J. Natural justice

The Appeals Board is bound by the rules of natural justice in all proceedings before it.

91K. Appeal Board must have regard to public interest and interests of applicant on review

(1) Without limiting the matters to which the

Appeals Board is otherwise required or permitted to have regard in any review under this Act, the Board must have regard to—

(a) the public interest; and

(b) the interests of the applicant for review.

(2) For the purposes of this section—

"public interest" includes—

(a)

the interest of maintaining the confidence in, the force; and

(b) in the case of a review under Division 1 of Part IV, the fact that the Chief Commissioner made an order under section 68(1).

91L. General procedure of Appeals Board

(1) The Appeals Board must conduct all

proceedings before it with as little formality
and technicality, and as much speed, as the
requirements of this Act and the proper
consideration of the subject-matter permit.

Police Regulation (Amendment) Act 1999

s. 14 Act No. 61/1999

(2) Subject to this Act, the Appeals Board may regulate its own procedure.

91M. Constitution of Appeals Board for appeals

and reviews

(1) The following reviews are to be conducted by the Appeals Board constituted by all its members—

(a)	a review of a decision to terminate a member's appointment;
(b)	a review of a decision to make a determination to dismiss a member;

(c) a review under Division 1 of Part IV.

(2) Every other review, and every appeal, is to

be conducted by the Appeals Board

constituted by—

(a)	the chairperson or a deputy chairperson sitting alone; or
(b)	the chairperson and a deputy chairperson sitting together.

(3) For the purposes of sub-section (2), the

chairperson is to determine who is to hear an
appeal or review.

(4) If the Appeals Board is constituted for the

purposes of an appeal or review by more
than one member, any question arising on
the appeal or review is to be decided—

(a)	according to the opinion of a majority of the members of the Appeals Board; or
(b)	if the Appeals Board is constituted by the chairperson and a deputy chairperson and they are divided in

Police Regulation (Amendment) Act 1999

Act No. 61/1999	s. 14
opinion—according to the opinion of the chairperson.

91N. Appearance and representation

An appellant or applicant for review under this Act—

(a) may appear at the appeal or review; and

(b) in a review, may be represented by any person other than a legal practitioner.

91O. Evidence

(1) The Appeals Board is not bound by the rules

of evidence or any practices or procedures
applicable to courts of record and, subject to
section 68E, may inform itself on any matter
as it sees fit.

(2) The Appeals Board may require evidence to

be given on oath and, for that purpose, a
member of the Appeals Board may
administer an oath or cause an oath to be
administered.

91P. Witness summons

(1) Subject to sections 68E and 68F, the

chairperson of the Appeals Board may issue a summons to a person to attend the Appeals Board to give evidence and produce any
documents that are referred to in the

summons.

(2) A summons to attend may be served on a

person—

(a) in person; or

(b) by sending it by post, facsimile or other electronic means to the person at his or her usual or last known residential

address; or

Police Regulation (Amendment) Act 1999

s. 14 Act No. 61/1999

(c)	by leaving it at the person's usual or last known residential address with a person on the premises apparently at least
16 years old and apparently residing there.

(3) A summons to attend is to be taken to have been served on a person—

(a)	in the case of delivery in person—at the time of delivery;
(b)	in the case of posting—2 business days after the day on which the document was posted;
(c)	in the case of facsimile or other electronic transmission—at the time the transmission is received.

(4) If a facsimile or other electronic transmission is received after 4.00 p.m. on any day, it is to be taken to have been received on the next

business day.

(5) A person who has been properly served with

a summons to attend must not, without
reasonable excuse, fail to—

(a)	attend as required by the summons until he or she has been excused or released from attendance by the Appeals Board; or
(b)	produce any document referred to in the summons that is in his or her possession.
Penalty:	Imprisonment for 1 month or 10 penalty units or both.

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 14

(6) In this section—

"business day" means a day other than—

(a) a Saturday or Sunday; or

(b) a public holiday or public half- holiday in the place to where the summons is sent or delivered.

91Q. Chief Commissioner to give effect to
Appeals Board orders and decisions

The Chief Commissioner must give effect to an order or decision of the Appeals Board.

91R. Contempt of Appeals Board

A person must not—

(a)	insult a member of the Appeals Board while that member is performing functions as member under this Act; or
(b)	insult, harass, intimidate, obstruct or hinder a person attending a hearing of the Appeals Board; or
(c)	misbehave at a hearing of the Appeals Board; or
(d)	do any other act in relation to a proceeding before the Appeals Board that would, if the Appeals Board were the Supreme Court, constitute contempt of that Court.
Penalty:	Imprisonment for 3 months or 30 penalty units or both.

91S. Protection of participants

(1) A member of the Appeals Board has, in the

performance of his or her functions as
member under this Act, the same protection
and immunity as a judge of the Supreme

Police Regulation (Amendment) Act 1999

s. 15 Act No. 61/1999

Court has in the performance of his or her duties as judge.

(2) A person representing a party in a

proceeding before the Appeals Board has the
same protection and immunity as a legal
practitioner has in representing a party in
proceedings in the Supreme Court.

(3) A party to a proceeding before the Appeals

Board has the same protection and immunity
as a party to proceedings in the Supreme
Court.

(4) A person appearing as a witness in a

proceeding before the Appeals Board has the
same protection and immunity as a witness

has in proceedings in the Supreme Court.'.

15. Police reservists and protective service officers

(1) In section 103(3) of the Principal Act for "sections nineteen twenty and one hundred and twenty-four and Parts IV and IVA" substitute "sections 19,

20, 123 and 124 and Parts IV, IVA and V".

(2) In section 118B(2) of the Principal Act for "Parts

IV and IVA" substitute "Parts IV, IVA and V and section 123".

(3) In section 118B(4) of the Principal Act for "Police

Review Commission" substitute "Appeals

Board".

16. New section 123 inserted

After section 122 of the Principal Act insert—
'123. Immunity of members

(1) A member of the force or a police recruit is

not personally liable for anything necessarily
or reasonably done or omitted to be done in
good faith in the course of his or her duty as
a member of the force or police recruit.

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 17

(2) Any liability resulting from an act or

omission that, but for sub-section (1), would
attach to a member of the force or police

recruit, attaches instead to the State.

(3) This section applies to acts or omissions

occurring before as well as after the

commencement of this section.

(4) In this section—

"police recruit" means a person appointed under section 8A.'.

17. Regulations

In section 130(1)(f) and (h) of the Principal Act
for "Police Review Commission" substitute

"Appeals Board".

18. New section 131 inserted

After section 130 of the Principal Act insert—

"131. Transitional provisions on abolition of

Police Board and Police Review

Commission

(1) If—

(a)	an application was made to the Police Board for a review under Division 1 of Part IV; and
(b)	the Police Board had not begun to hear the review before the commencement of section 5 of the Police Regulation (Amendment) Act 1999—

the review is to be heard by the Appeals commencement.

Police Regulation (Amendment) Act 1999

s. 19 Act No. 61/1999

(2) If the Police Board had begun hearing a

review under Division 1 of Part IV before review is to continue to be heard by the Police Board in accordance with this Act as in force immediately before that commencement, and the Police Board continues to exist for that purpose despite that commencement.

the commencement of section 5 of the Police

(3) If—

(a)	an appeal or an application for review under Division 2 of Part V was made to the Police Review Commission; and
(b)	begun to hear the review before the commencement of section 10 of the

the Police Review Commission had not 1999—

the review is to be heard by the Appeals commencement.

(4) If the Police Review Commission had begun commencement of section 10 of the Police Regulation (Amendment) Act 1999, the review is to continue to be heard by the Police Review Commission in accordance with this Act as in force immediately before that commencement, and the Police Review Commission continues to exist for that purpose despite that commencement.". hearing an appeal or a review under

19. Consequential repeal of Schedule 1A

Schedule 1A to the Principal Act is repealed.

Police Regulation (Amendment) Act 1999

Act No. 61/1999 s. 20

20. Consequential amendments

An Act specified in the heading to an item in the Schedule is amended, on the commencement of that item, as set out in that item.

__________________
Police Regulation (Amendment) Act 1999

Sch. Act No. 61/1999

SCHEDULE

CONSEQUENTIAL AMENDMENTS

Section 20

1. Juries Act 1967

In item 4 of Schedule 4 to the Juries Act 1967, for "Police

Service Board" substitute "Police Appeals Board".

2. Ombudsman Act 1973

In section 29(4) of the Ombudsman Act 1973, for "Police
Service Board or the Police Discipline Board" substitute

"Police Appeals Board".

═══════════════
Police Regulation (Amendment) Act 1999

Act No. 61/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 2 December 1999

Legislative Council: 16 December 1999

The long title for the Bill for this Act was "to amend the Police
Regulation Act 1958 to establish a Police Appeals Board, to abolish the
Police Board and Police Review Commission, to provide members of the
police force with protection from civil action arising from the
performance of their duties, to amend the Juries Act 1967 and the
Ombudsman Act 1973 and for other purposes."