Victoria Police Act 2013 (Vic)

Version No. 050

Victoria Police Act 2013

No. 81 of 2013

Version incorporating amendments as at

7 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3ADeclaration of designated place

4Meaning of efficiency

5Melbourne metropolitan area

Part 2—Victoria Police

Division 1—Constitution, role and functions

6Victoria Police

7Who constitutes Victoria Police?

8Role of Victoria Police

9General functions of Victoria Police

Division 2—Relationship with government

10Ministerial directions

11Minister's power to obtain information and reports

12Annual report of Chief Commissioner

Part 3—Victoria Police personnel

Division 1—Ranks, commissions and numbers

13Rank structure

14Commissioned officers

15Number of police officers and protective services officers

Division 2—Chief Commissioner

16Role of Chief Commissioner

17Appointment of Chief Commissioner

18Appointment of Acting Chief Commissioner

19Delegation by Chief Commissioner

Division 3—Deputy Commissioners

20Role of Deputy Commissioners

21Appointment of Deputy Commissioners

22Appointment of Acting Deputy Commissioner

23Deputy Commissioner may act temporarily as Chief Commissioner in certain circumstances

Division 4—Assistant Commissioners

24Employment of Assistant Commissioners

25Status of Assistant Commissioner as a police officer

26Appointment of Acting Assistant Commissioner

Division 5—Other police officers

27Appointment of police officers

28Probation for appointment

29Appointment of officers from other jurisdictions

30Appointment of former police officers

31Promotion of police officers

32Probation for promotion

33Transfer of police officers

34Transfer on application or request

35Directed transfer of police officers

Division 6—Police recruits

36Employment of police recruits

Division 7—Protective services officers

37Functions of protective services officers

38Appointment of protective services officers

39Probation for appointment

40Promotion of protective services officers

41Probation for promotion

42Transfer of protective services officers

43Transfer on application or request

44Directed transfer of protective services officers

44AValidation of promotion of protective services officers to rank of protective services officer senior in the same position on or after 1 April 2020

Division 8—Police reservists

45Status of police reservists

46Duty to act under direction and control

47Training

48Resignation

49Suspension and termination of appointment

Part 4—Police duties, powers, entitlements, protection and liability

Division 1—Oath or affirmation of office

50Oath or affirmation of office

Division 2—General duties and powers

51Duties and powers of police officers

52Duties and powers of protective services officers

53Proof of office

54Temporary cessation of powers during leave or secondment

55Permanent cessation of powers

Division 3—Specific duties and powers

56Execution of process and warrants

57Disposal of unclaimed property

58Disputed property in possession of police

59Assistance to coroners

59APowers relating to police premises—requests and directions

59BPowers relating to police premises—removal and arrest

59CPowers relating to police premises—certain rights not limited

Division 4—Chief Commissioner's instructions, code of conduct and determinations

60Chief Commissioner's instructions

61Personnel to comply with the Chief Commissioner's instructions

61ACode of conduct

61BPersonnel to comply with the code of conduct

62Determination of uniforms and other equipment and other standards

Division 5—General employment matters

63Training courses

64Long service leave

65Resignation and retirement

66Abandonment of appointment

67Ill-health retirement

Division 6—Incapacity for duty

68Definitions

69Notice of incapacity

70Determination of incapacity

Division 7—Protections

71Protection of people executing warrants

Division 8—Liability for tortious conduct by police and protective services officers

72What is a police tort?

73What is a police tort claim?

74Liability of the State for police torts

75How can police tort claims be made?

76Counterclaims

77Time for serving State's defence

78Costs in police tort claims

79Payments by the State if police or protective services officer liable

80Division does not affect certain claims and proceedings

81Effect of Division on other laws

Part 5—Drug and alcohol testing

Division 1—Introduction

82Definitions

83Designated work units and designated work functions

84Meaning of rostered on and rostered off

Division 2—Critical incident testing

85Persons subject to critical incident testing

86Critical incident testing

87Samples taken where person is unconscious etc.

Division 3—Targeted testing

88Targeted testing—Victoria Police personnel (other than Victoria Police employees)

89Persons may be rostered on for the purposes of section 88(2)

89ATargeted testing—police custody officer supervisors and police custody officers

90Targeted testing—certain Victoria Police employees

Division 4—Designated work unit testing and designated work function testing

91Persons subject to designated work unit testing or designated work function testing

92Designated work unit testing

93Designated work function testing

Division 5—Random testing

94Persons subject to random testing

95Random testing

Division 6—Use of test results

96Chief Commissioner may have regard to evidence in certain circumstances

97Admissibility of test results in certain proceedings

98Confidentiality of test results

Division 7—General

99Requirement to comply with testing direction

100Offence to tamper with a sample

101Limitation of liability for registered medical practitioners etc.

102Operation of the Road Safety Act 1986

Part 6—Police registration

Division 1—Registration

103Qualifications for registration

104Application for registration

105Registration

106Commencement and duration of registration

Division 2—Renewal of registration

107Board must notify person when registration about to expire

108Application for renewal of registration

109Renewal of registration

Division 3—Suspension and cancellation of registration

110Mandatory suspension of registration

111Discretionary suspension of registration

112Effect of suspension

113Mandatory cancellation of registration

114Notice of intention to cancel

115Cancellation following notice

116Return of certificate on cancellation

Division 4—Hearings

117Hearings

118Procedure at hearings

119Application for registration or renewal of registration hearings—Private unless otherwise ordered

120Cancellation of registration hearings—Public unless otherwise ordered

Division 5—Police Profession Register

121PRS Board to keep Police Profession Register

122Chief Commissioner to notify PRS Board of appointments and dismissals

Division 6—General

123Natural justice

124Service of notices under this Part

124APublication of statements of reasons

Part 7—Discipline

Division 1—Breaches of discipline

125Breaches of discipline

126Preliminary investigation

127Charging

128Form of charge

129Inquiry into a charge

130Authorisation of persons to charge or inquire into and determine charges

130AFitness to participate in an inquiry

131Procedure on an inquiry

132Determination of the inquiry

132AConditions specified in an adjournment determination

133Enforcement of the determination

134Adjournment of charge

Division 2—Offences punishable by imprisonment

135Officer believed to have committed an offence punishable by imprisonment

136Charge found proven against officer

136AConditions specified by the Chief Commissioner

136BAction to enable officer to comply with conditions

136CFailure by officer to comply with good behaviour requirement or conditions

137Action not to be taken against an officer twice

Division 3—Effect of suspension, dismissal or reduction of rank

138Suspension

139Forfeiture of salary

140No compensation for dismissal or reduction in rank

Part 8—Appeals and reviews

Division 1—Appeals

141Promotion and transfer appeals—police officers

142Promotion and transfer appeals—protective services officers

143Constitution of PRS Board for appeal

144Appeal to be re-hearing

145Procedure on appeal

Division 2—Reviews

146What decisions are reviewable?

147Form and time limits for applying for review

148Constitution of PRS Board for review

149Special procedure for review of directed transfers

150Chief Commissioner to lodge file in review of incapacity decisions

151PRS Board must have regard to public interest and interests of applicant

152Powers of PRS Board on review of termination or dismissal decisions

153Powers of PRS Board on review of certain demotion and transfer decisions

154Powers of PRS Board on review of other decisions

154AObligation to publish statements of reasons for decisions on review

Division 3—General provisions for appeals and reviews

155Natural justice

156General procedure

156APractice notes

157Hearings to be public unless otherwise ordered

158Appearance and representation

158AAppearance by audio link or audio visual link

159Evidence

160Witness summons

161Witness summons offences

162Contempt of PRS Board

163Protection of participants

164Extension of time

165Chief Commissioner to give effect to PRS Board orders and decisions

165AObligation to notify parties to an appeal or a review of decision

Part 9—Complaints and investigations

Division 1—Preliminary

166Definitions

Division 2—Complaints and investigations

167Making of complaints

168Certain complaints to be referred to the Chief Commissioner

169Complaints made to a police officer or protective services officer

170Investigations by the Chief Commissioner

171Power to require answers etc.

172Advice to complainant

Division 3—General

173Prohibition of victimisation

174Other offences

174ARestorative engagement process

Part 10—Investigation of public interest complaints

Division 1—Investigations

175Duty to investigate

176Power to require answers etc. of specified members of police personnel in certain investigations

177Person who made disclosure may request information about investigation

Division 2—Action on investigation

178Chief Commissioner must take action

179Chief Commissioner must report to the IBAC and may give Premier and Minister information

180Premier and Minister may disclose information for purpose of obtaining advice

181Chief Commissioner must inform person who made disclosure of outcome of investigation

182Chief Commissioner must not disclose information in certain cases

Division 3—Disclosure of information

183Definitions

184Disclosure of information by the Chief Commissioner and other police personnel

185Disclosure of restricted matter prohibited

186Chief Commissioner may authorise disclosure of restricted matter

Division 4—Investigation procedures

187Chief Commissioner must establish investigation procedures

188IBAC may review investigation procedures

189Chief Commissioner must adopt recommendation or give the IBAC reasons for not doing so

Division 5—Other matters

190Chief Commissioner may request the IBAC to withdraw public interest complaint

Part 11—Special constables

Division 1—Appointment of special constables generally

191Appointment of special constables

192Oath or affirmation of office

193Status and powers of special constable

194Termination of appointment

195Discipline

Division 2—Incidents requiring urgent cross‑border assistance

196Declaration of incident

197Period of declaration

198Appointment of special constables during declared incident

199Oath or affirmation

200Termination of appointment

Part 11A—Police custody officer supervisors and police custody officers

Division 1—Preliminary

200ADefinitions

Division 1A—Duties and authorisation of police custody officer supervisors

200ABDuties of police custody officer supervisors

200ACAuthorisation of police custody officer supervisors

200ADScope of authorisation may be limited

200AEVariation, suspension and revocation of authorisation

Division 2—Duties and authorisation of police custody officers

200BDuties of police custody officers

200CPolice custody officer supervisors and police custody officers have powers in declared police gaols

200DAuthorisation of police custody officers

200EScope of authorisation may be limited

200FVariation, suspension and revocation of authorisation

Division 3—Powers of police custody officers in relation to arrested persons

200GPolice custody officers to supervise arrested persons at Chief Commissioner's direction

200HPolice custody officers to transport and supervise arrested persons at Chief Commissioner's direction

200IFunctions and powers of police custody officers in relation to persons they supervise or transport

200JUse of reasonable force

200KSupervision or transport authorised under other enactments and instruments

Division 4—Supervision at direction of court

200LSupervision of persons at court by police custody officers

200MFunctions and powers of police custody officers in relation to persons at court

Part 12—Police Registration and Services Board

Division 1—Establishment and functions

201Establishment of PRS Board

202Functions of the PRS Board

203Divisions of the PRS Board

204Powers of the PRS Board

Division 2—Membership

205Membership of the PRS Board

206Membership of Registration Division

207Membership of Professional Standards Division

208Membership of Review Division

209Allocation of members to Divisions of PRS Board

210Remuneration

211Accountability of the President

212Vacancies, resignation and removal from office

213Acting President, Deputy Presidents and other members

Division 3—General provisions for the PRS Board

214Meetings of the PRS Board

215Effect of vacancy or defect

216Immunity

217Staffing

218Confidentiality

219Delegation

219AAnnual report of the PRS Board

Division 4—Checks and investigations by the PRS Board

220Checks and investigations for registration and provision of advice

221Criminal record and other checks

222Investigations and further information

223Witness summons

224Service of notices and summonses under this Division

Part 13—Confidentiality and privilege

Division 1—Confidentiality of police information

225Definitions

226Victoria Police personnel duty not to access, use or disclose police information

227Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—summary offence

228Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—indictable offence

229Unauthorised access to, use of or disclosure of police information by service providers

230Access to, use of or disclosure of information on a computerised database

231Other authorised access to, use of or disclosure of police information

232Offence to disclose information in relation to drug and alcohol testing

Division 2—Other confidentiality and privilege provisions

233Deliberations of Ministers and Parliamentary committees not to be disclosed

234Certain crime reports privileged

Division 3—Agency photographs

235Definitions

236Authorisation of media organisations

237Application for authorisation under section 236

238Chief Commissioner may authorise the giving of agency photographs to media organisations

239Application for giving of agency photograph

240Considerations to be taken into account in authorising the giving of agency photographs

241Notification of authorisation under section 238

242Offences as to authorisation and use of agency photographs

243Protection against actions for defamation or breach of confidence

244Protection in respect of offences

245Procedure under section 234 not affected

Division 4—Disclosure of vehicle accident information

246Definitions

247Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers

248Certain persons may request disclosure of vehicle accident information

249Form and content of application for vehicle accident information

250Disclosure of vehicle accident information

251Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited

Part 14—Compliance and enforcement

Division 1—General offences in relation to Victoria Police

252Bribery and corruption by police or protective services officers

253Bribery and corruption towards police or protective services officers

254Failure to return Victoria Police identification or Victoria Police equipment

255Unauthorised manufacture, possession, use or supply of Victoria Police identification or Victoria Police equipment

256Impersonating police or protective services officers

257Obtaining appointment as police officer or protective services officer by false representations or documents

258Causing disaffection

Division 2—Ancillary provisions for offences

259Definitions

260Criminal liability of officers of bodies corporate—accessorial liability

261Criminal liability of officers of bodies corporate—failure to exercise due diligence

262Conduct by officers, employees or agents

Division 3—Search and seizure powers

263Definitions

264Entry and search with consent

265Notice before entry and search

266Acknowledgement of consent to entry and search

267Search warrants

268Form and content of search warrant

269Announcement before entry

270Details of warrant to be given to occupier

271Seizure of things not mentioned in the warrant

272Retention and return of seized things

273Magistrates' Court may extend 6 month period

274Things seized may be used in connection with investigations into conduct

Part 14A—Fees for policing services

274ADefinitions

274BFees for provision of police services and goods in connection with commercial events

274CContracts and other arrangements for police services and goods

274DRecovery of amounts payable

274ERefund, reduction or waiver

274FChief Commissioner may redeploy police services and goods

274GRegulations prescribing amounts payable

Part 15—General

275Judicial notice

276Voluntary DNA samples for elimination purposes

276AValidation

276BValidation—police officers acting as Assistant Commissioners

277Regulations

Part 16—Repeals, amendments and transitional provisions

Division 2—Transitional provisions

287Transitional provisions

288Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016

289Transitional provision—repeal of restorative engagement and redress scheme for current and former members of Victoria Police personnel

290Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2024

Schedules

Schedule 1—Chief Commissioner, Deputy Chief Commissioners and Assistant Commissioners

Schedule 2—Oaths and affirmations

Schedule 3—Long service leave

Schedule 4—Reportable offences

Schedule 5—Subject matter for regulations

Schedule 6—Transitional provisions

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 050

Victoria Police Act 2013

No. 81 of 2013

Version incorporating amendments as at

7 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are to—

(a)re-enact and modernise the law relating to the governance and regulation of Victoria Police; and

(b)retitle and substantially repeal the Police Regulation Act 1958.

2Commencement

(1)Subject to subsection (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 December 2014, it comes into operation on that day.

3Definitions

(1)In this Act—

Assistant Commissioner means a person employed as an Assistant Commissioner under section 24;

breach of discipline has the meaning given in section 125;

business day means a day other than a Saturday, a Sunday or a public holiday or half-holiday appointed under the Public Holidays Act 1993;

Chief Commissioner means the Chief Commissioner of Police appointed under section 17;

Chief Commissioner's instructions means any instructions issued under section 60 as in force from time to time;

code of conduct means the code of conduct issued under section 61A;

commissioned officer means a police officer certified as a commissioned officer of Victoria Police under section 14;

*                *                *                *                *

Deputy Commissioner means a person appointed as a Deputy Commissioner under section 21;

designated place means—

(a)a place prescribed by the regulations to be a designated place for the purposes of section 52; or

(b)a place or area declared to be a designated place in a notice published under section 3A;

directed transfer means—

(a)the transfer of a police officer under section 35; or

(b)the transfer of a protective services officer under section 44;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (2).

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

efficiency, in relation to the promotion or transfer of police officers or protective services officers, has the meaning given in section 4;

general duties, in relation to a police officer, means primary response and general patrol duties;

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Commissioner means the Commissioner appointed under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Officer has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

investigative agency means—

(a)Victoria Police, or an equivalent body in another State or the Northern Territory; or

(b)the IBAC; or

(c)the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; or

(d)the Australian Crime Commission within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth; or

(e)the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or

(f)Integrity Oversight Victoria; or

(g)the Law Enforcement Conduct Commission constituted by section 17 of the Law Enforcement Conduct Commission Act 2016 of New South Wales; or

(h)the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales; or

(i)the New South Wales Crime Commission constituted by the Crime Commission Act 2012 of New South Wales; or

(j)the Crime and Misconduct Commission established under the Crime and Misconduct Act 2001 of Queensland; or

(k)the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003 of Western Australia; or

(l)the National Anti‑Corruption Commission established under the National Anti‑Corruption Commission Act 2022 of the Commonwealth;

legal practitioner means an Australian lawyer;

Melbourne metropolitan area means the area for the time being determined under section 5;

member of Victoria Police personnel means—

(a)a person referred to in section 7; or

(b)a special constable, but only in respect of the performance of duties and functions and exercise of powers by the special constable for Victoria Police;

Metropolitan position means a position in Victoria Police that is defined or described as a Metropolitan position in an industrial instrument applying to police officers;

Ombudsman means the Ombudsman appointed under section 3 of the Ombudsman Act 1973;

personal leave, in relation to a police officer or protective services officer, includes absence from duty while receiving compensation under the Accident Compensation Act 1985;

police custody officer means a Victoria Police employee authorised to act as a police custody officer under section 200D;

police custody officer supervisor means a Victoria Police employee authorised to act as a police custody officer supervisor under section 200AC;

police force of another jurisdiction means—

(a)the Australian Federal Police; or

(b)the police force or police service of another State or a Territory; or

(c)the police force or police service of another country or part of a country;

police officer means—

(a)the Chief Commissioner; or

(b)a Deputy Commissioner; or

(c)an Assistant Commissioner; or

(d)a person appointed under Division 5 of Part 3;

Note

Police reservists and special constables are taken to be police officers for certain purposes—see sections 45 and 193.

police premises means any premises occupied or used by Victoria Police, on a permanent or temporary basis, for any purpose related to the functions, duties or powers of Victoria Police—

(a)including the following—

(i)a police station;

(ii)an office;

(iii)a storage area;

(iv)a car park or part of a car park;

(v)an entrance foyer;

(vi)an exit point; and

(b)excluding a PSO pod;

Police Profession Register means the register kept under section 121;

police recruit means a person employed under Division 6 of Part 3;

police reservist means a person who, immediately before the commencement of section 282, held office as a police reservist under the Police Regulation Act 1958 as in force immediately before that commencement;

police tort has the meaning given in section 72;

police tort claim has the meaning given in section 73;

Professional Standards Division means the Professional Standards Division of the PRS Board;

Note

See section 203(b).

professional standards function means a function specified in section 202(1)(b);

*                *                *                *                *

protective services officer means a person appointed under Division 7 of Part 3;

PRS Board means the Police Registration and Services Board continued under section 201;

PRS Board officer means—

(a)a member of the PRS Board; or

(b)an employee referred to in section 217(1); or

(c)a member of staff referred to in section 217(2);

PSO pod means a building or structure that is—

(a)located at or in the vicinity of a railway station; and

(b)occupied or used by Victoria Police for purposes related to the functions, duties or powers of protective services officers;

public interest complaint means a disclosure that is determined to be a public interest complaint by the IBAC under section 26 of the Public Interest Disclosures Act 2012;

Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011;

rank means—

(a)in relation to a police officer, a rank specified in section 13;

(b)in relation to a protective services officer, a rank (if any) prescribed in the regulations;

Note

See item 2.10 of Schedule 5.

Registration Division means the Registration Division of the PRS Board;

Note

See section 203(a).

registration function means a function specified in section 202(1)(a);

restorative engagement process—see section 174A(1);

Review Division means the Review Division of the PRS Board;

Note

See section 203(c).

review function means a function specified in section 202(1)(c);

special constable means a person appointed under Part 11;

spouse of a person means a person to whom the person is married;

testing direction has the meaning given in section 82;

Victoria Police means the body established by section 6;

Victoria Police employee means a person employed in Victoria Police under Part 3 of the Public Administration Act 2004;

Victoria Police equipment means a thing determined under section 60(2)(a) to be Victoria Police equipment;

Victoria Police identification means a thing determined under section 60(2)(b) to be Victoria Police identification.

*                *                *                *                *

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of 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.

3ADeclaration of designated place

(1)This section applies to the following places or areas—

(a)an area that—

(i)adjoins a designated place within the meaning of paragraph (a) of the definition of designated place; and

(ii)adjoins or is a public thoroughfare to a roadway, a sporting venue or a place of mass gathering;

(b)a public thoroughfare used to access or exit from the public transport network, a sporting venue or a place of mass gathering;

(c)an area surrounding or adjacent to a sporting venue, a venue of public entertainment or a place of mass gathering;

(d)any large area, including the central business district of Melbourne or any part of it.

(2)The Chief Commissioner or a Deputy Commissioner, by notice published in the Government Gazette, may declare a place or area referred to in subsection (1) and specified in the declaration to be a designated place for one or more of the following—

(a)a period not exceeding 12 months;

(b)specified hours on recurring dates within a period not exceeding 12 months;

(c)specified dates within a period not exceeding 12 months;

(d)specified days of the week within a period not exceeding 12 months.

(3)When making a declaration under subsection (2), the Chief Commissioner or a Deputy Commissioner must be satisfied that—

(a)the declaration is necessary or desirable for community safety or reassurance of the public at the place or area specified in the declaration and is appropriate—

(i)to assist police to provide a presence at the place or area specified in the declaration; or

(ii)to deter crime or antisocial behaviour within the place or area specified in the declaration; or

(iii)to provide reassurance for the safety of persons moving within, to or from the place or area specified in the declaration; and

(b)the exercise of powers by protective services officers at the place or area specified in the declaration will not unduly limit the human rights of any person; and

(c)in performing their functions and exercising their powers, protective services officers will be supervised by police officers.

(4)A police officer of or above the rank of Assistant Commissioner, by notice published on an Internet site maintained by Victoria Police, may declare a place or area referred to in subsection (1) and specified in the declaration to be a designated place for a period not exceeding 48 hours if the police officer is satisfied that urgent or unforeseen circumstances require the deployment of protective services officers in the specified place or area.

(5)Subject to subsection (6), a declaration under subsection (2) or (4) comes into operation on the day on which it is made available to the public on an Internet site maintained by Victoria Police.

(6)A declaration under subsection (2) that is expressed to come into operation on the revocation or expiry of a declaration under subsection (4) comes into operation on that revocation or expiry.

4Meaning of efficiency

(1)For the purposes of the promotion or transfer of police officers to a position or rank referred to in column 2 of an item in the following table, efficiency has the meaning given in column 3 of that item.

TABLE

Column 1 Item	Column 2 Position or rank	Column 3 Meaning of efficiency
1	All positions	The aptitude and special qualifications necessary for the discharge of the duties of the position in question, together with merit, diligence, good conduct, quality of service, mental capacity and physical fitness
2	Rank of inspector	In addition to item 1, the potential to develop the executive ability and leadership and management skills essential in senior executive positions
3	Rank of commander, chief superintendent, superintendent or chief inspector	In addition to item 1, the executive ability and leadership and management skills essential in senior executive positions

(2)For the purposes of the promotion or transfer of protective services officers, efficiency means the aptitude and special qualifications necessary for the discharge of the duties of the position in question, together with merit, diligence, good conduct, quality of service, mental capacity and physical fitness.

5Melbourne metropolitan area

For the purposes of this Act, the Chief Commissioner, by notice published in the Government Gazette, may from time to time determine an area to be the Melbourne metropolitan area.

PART 2—VICTORIA POLICE

Division 1—Constitution, role and functions

6Victoria Police

The police force of Victoria is constituted by a body established by this section known as Victoria Police.

Note

Victoria Police is a special body under section 6(1) of the Public Administration Act 2004.

7Who constitutes Victoria Police?

Victoria Police consists of the following persons—

(a)the Chief Commissioner;

(b)Deputy Commissioners;

(c)Assistant Commissioners;

(d)other police officers;

(e)protective services officers;

(f)police recruits;

(g)police reservists;

(h)Victoria Police employees.

8Role of Victoria Police

The role of Victoria Police is to serve the Victorian community and uphold the law so as to promote a safe, secure and orderly society.

9General functions of Victoria Police

(1)The functions of Victoria Police include the following—

(a)preserving the peace;

(b)protecting life and property;

(c)preventing the commission of offences;

(d)detecting and apprehending offenders;

(e)helping those in need of assistance.

(2)Nothing in subsection (1)—

(a)confers on any person any civil right of action; or

(b)provides any person with a defence to any civil action; or

(c)otherwise affects any civil right of action.

Division 2—Relationship with government

10Ministerial directions

(1)The Minister may from time to time, after consulting the Chief Commissioner, give written directions to the Chief Commissioner in relation to the policy and priorities to be pursued in the performance of the functions of Victoria Police.

(2)Subject to subsection (3), a direction under subsection (1) cannot be given in relation to any of the following matters—

(a)preservation of the peace and the protection of life and property in relation to any person or group of persons;

(b)enforcement of the law in relation to any person or group of persons;

(c)the investigation or prosecution of offences in relation to any person or group of persons;

(d)decisions about individual members of Victoria Police personnel, including decisions in relation to discipline;

(e)the organisational structure of Victoria Police;

(f)the allocation or deployment of police officers or protective services officers to or at particular locations;

(g)training, education and professional development programs within Victoria Police;

(h)the content of any internal grievance-resolution procedures.

(3)The Minister may give a direction under subsection (1) in relation to a matter specified in subsection (2)(e), (f), (g) or (h) if—

(a)an entity specified in subsection (4) has made a report or recommendation in relation to the matter; and

(b)in the Minister's opinion, the Chief Commissioner has not responded adequately to that report or recommendation.

(4)The following entities are specified for the purposes of subsection (3)(a)—

(a)the IBAC;

(ab)the Public Interest Monitor;

(b)the Auditor-General;

(c)the State Services Authority;

(d)the Public Sector Standards Commissioner;

(e)a coroner;

(f)in the case of a report or recommendation made under the Privacy and Data Protection Act 2014, the Information Commissioner appointed under the Freedom of Information Act 1982;

(g)a Parliamentary Committee;

(h)a Board of Inquiry or Formal Review established under the Inquiries Act 2014;

*                *                *                *                *

(j)a Royal Commission;

(k)a prescribed entity.

(5)The Minister may from time to time, after consulting the Chief Commissioner, in writing vary or revoke a direction given under subsection (1).

(6)The Minister must cause a copy of a direction, and of any variation or revocation of a direction, to be published in the Government Gazette.

(7)The Chief Commissioner must ensure that a copy of any directions currently in force is available on an Internet site maintained by Victoria Police.

11Minister's power to obtain information and reports

(1)The Minister may from time to time request the Chief Commissioner to give the Minister information or reports of a kind specified by the Minister in relation to the performance of the functions of Victoria Police.

(2)Subject to this section, the Chief Commissioner must comply with a request under subsection (1).

(3)The Chief Commissioner may withhold information from the Minister if the Chief Commissioner considers that giving it to the Minister would be reasonably likely to—

(a)prejudice any investigation of a contravention or possible contravention of the law; or

(b)prejudice the prosecution of any person for an offence; or

(c)endanger the life or physical safety of any person.

12Annual report of Chief Commissioner

(1)Without limiting section 11, the Chief Commissioner must prepare a report in respect of each financial year on—

(a)any action taken by the Chief Commissioner under Division 6 of Part 4 during that year and the outcome of that action (including the result of any review of that action by the PRS Board); and

(b)any action taken by the Chief Commissioner or an authorised officer under Part 7 during that year and the outcome of that action (including the result of any review of that action by the PRS Board); and

(c)any action taken by the Chief Commissioner under section 195 during that year; and

(d)the prescribed information in relation to Part 5.

Note

See section 69 of the Public Interest Disclosures Act 2012 for other matters that must be included in the Chief Commissioner's report.

(2)The Chief Commissioner must give the report to the Minister within 3 months after the end of the financial year.

(3)Within 3 months after giving the report to the Minister, the Chief Commissioner must publish a copy of it on an Internet site maintained by Victoria Police, unless the information in the report is laid before one or both Houses of Parliament (whether in a report of operations under Part 7 of the Financial Management Act 1994 or otherwise) within that period.

PART 3—VICTORIA POLICE PERSONNEL

Division 1—Ranks, commissions and numbers

13Rank structure

The following are the ranks of police officers, in descending order of seniority—

(a)Chief Commissioner;

(b)Deputy Commissioner;

(c)Assistant Commissioner;

(d)commander;

(e)chief superintendent;

(f)superintendent;

(g)chief inspector;

(h)inspector;

(i)senior sergeant;

(j)sergeant;

(k)senior constable;

(l)constable.

Note

The regulations may prescribe a rank structure for protective services officers—see item 2.10 of Schedule 5.

14Commissioned officers

(1)The Governor in Council may certify that a police officer of any of the following ranks is a commissioned officer of Victoria Police—

(a)Assistant Commissioner;

(b)commander;

(c)chief superintendent;

(d)superintendent;

(e)chief inspector;

(f)inspector.

(2)Subject to the direction and control of the Chief Commissioner, a commissioned officer is responsible for the management and control of the portion of Victoria Police that is placed under the officer's charge.

15Number of police officers and protective services officers

(1)The Governor in Council may from time to time, by Order, determine—

(a)the total number of police officers that may be appointed under Division 5; and

(b)the total number of police officers that may hold each rank below the rank of Assistant Commissioner; and

(c)the total number of protective services officers that may be appointed.

(2)The Chief Commissioner must comply with an Order made under subsection (1).

Division 2—Chief Commissioner

16Role of Chief Commissioner

(1)The Chief Commissioner—

(a)is the chief constable and the chief executive officer of Victoria Police; and

(b)subject to the direction of the Minister under section 10, is responsible for the management and control of Victoria Police.

(2)In particular, and without limiting subsection (1), the Chief Commissioner—

(a)is responsible for implementing the policing policy and priorities of the Government; and

(b)is responsible for providing advice and information to the Minister on the operations of Victoria Police and policing matters generally; and

(c)is responsible to the Minister for the general conduct, performance and operations of Victoria Police.

Note

The Chief Commissioner is also the public service body Head in relation to Victoria Police employees under section 16 of the Public Administration Act 2004.

17Appointment of Chief Commissioner

(1)The Governor in Council may appoint a Chief Commissioner of Police.

(1A)The Chief Commissioner must be—

(a)an Australian citizen; or

(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2)The Chief Commissioner holds office in accordance with Part 1 of Schedule 1.

18Appointment of Acting Chief Commissioner

(1)A police officer may be appointed under this section to act as Chief Commissioner—

(a)during a vacancy in the office of Chief Commissioner; or

(b)during a period, or all periods, when the Chief Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office.

(1A)An Acting Chief Commissioner must be—

(a)an Australian citizen; or

(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2)The appointment of an Acting Chief Commissioner may be made by—

(a)the Minister for a period not exceeding 4 weeks; or

(b)the Governor in Council for any period.

(3)The Acting Chief Commissioner has all the powers and must perform all the duties of the Chief Commissioner.

(4)A person appointed to act as Chief Commissioner is eligible to be reappointed.

(5)The Governor in Council may revoke the appointment of an Acting Chief Commissioner at any time (including an appointment made by the Minister).

19Delegation by Chief Commissioner

(1)The Chief Commissioner, by instrument, may delegate to a member or class of members of Victoria Police personnel (other than police recruits) any duty, function or power of the Chief Commissioner under this Act or any other Act (other than the Human Source Management Act 2023), other than—

(a)the power under section 83 to determine that a work unit within Victoria Police is a designated work unit or that a work function performed by members of Victoria Police personnel in the course of duty is a designated work function; or

(b)the power under section 196 to declare an incident to be an incident requiring urgent cross-border assistance; or

(c)the power under section 197 to extend a declaration made under section 196; or

(d)the power under section 236 to authorise a media organisation; or

(e)the power under section 238 to authorise the giving of a photograph to an authorised media organisation; or

(f)this power of delegation.

(2)The Chief Commissioner, by instrument, may delegate to a police officer of or above the rank of inspector or to a Victoria Police employee at a level of Grade 6 or higher—

(a)the power under section 236 to authorise a media organisation; or

(b)the power under section 238 to authorise the giving of a photograph to an authorised media organisation.

(3)A delegation under subsection (1) or (2) may be made to a person or class of persons by name or by reference to the office, offices or employment held.

Division 3—Deputy Commissioners

20Role of Deputy Commissioners

Subject to the direction and control of the Chief Commissioner, a Deputy Commissioner is responsible for the management and control of the portion of Victoria Police that is placed under the Deputy Commissioner's charge.

21Appointment of Deputy Commissioners

(1)The Governor in Council, on the recommendation of the Minister, may appoint as many Deputy Commissioners as the Governor in Council considers necessary.

(1A)A Deputy Commissioner must be—

(a)an Australian citizen; or

(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2)The Minister must consult the Chief Commissioner before making a recommendation to the Governor in Council for the appointment of a Deputy Commissioner.

(3)A Deputy Commissioner holds office in accordance with Part 2 of Schedule 1.

22Appointment of Acting Deputy Commissioner

(1)A police officer may be appointed under this section to act as a Deputy Commissioner—

(a)during a vacancy in the office of a Deputy Commissioner; or

(b)during a period, or all periods, when a Deputy Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office; or

(c)during a period when a Deputy Commissioner has been appointed as Acting Chief Commissioner.

(1A)An Acting Deputy Commissioner must be—

(a)an Australian citizen; or

(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or

(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.

(2)The appointment of an Acting Deputy Commissioner may be made by—

(a)the Chief Commissioner for a period not exceeding 4 weeks; or

(b)the Governor in Council for any period.

(3)An Acting Deputy Commissioner has all the powers and must perform all the duties of the Deputy Commissioner in whose place he or she is acting.

(4)A person appointed to act as a Deputy Commissioner is eligible to be reappointed.

(5)The Governor in Council may revoke an appointment of an Acting Deputy Commissioner at any time (including an appointment made by the Chief Commissioner).

23Deputy Commissioner may act temporarily as Chief Commissioner in certain circumstances

(1)This section applies at any time—

(a)during a vacancy in the office of Chief Commissioner; or

(b)during a period when the Chief Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office—

other than a time during which the appointment of an Acting Chief Commissioner under section 18 is in effect.

(2)If this section applies, a Deputy Commissioner may make a written declaration to the Minister.

(3)After making a declaration under subsection (2), the Deputy Commissioner may act as the Chief Commissioner and, for that purpose, has all the powers and must perform all the duties of the Chief Commissioner, until the first of the following occurs—

(a)an Acting Chief Commissioner is appointed under section 18; or

(b)the Chief Commissioner resumes duty; or

(c)the period of 72 hours after the making of the declaration expires.

Division 4—Assistant Commissioners

24Employment of Assistant Commissioners

(1)The Chief Commissioner, on behalf of the Crown, may employ as many Assistant Commissioners as he or she thinks necessary.

(2)Subject to subsection (3), the Chief Commissioner may employ a person as an Assistant Commissioner only if the person—

(a)is a police officer; or

(b)satisfies the prescribed criteria for appointment as a police officer under section 27.

(3)The Chief Commissioner may waive any of the prescribed criteria in any particular case.

(4)Part 3 of Schedule 1 applies to the employment of an Assistant Commissioner.

(5)Nothing in this Division or Part 3 of Schedule 1 affects or takes away from the application of section 51(a) to an Assistant Commissioner.

25Status of Assistant Commissioner as a police officer

(1)A person who was a police officer immediately before the time his or her contract of employment as an Assistant Commissioner comes into force continues to be a police officer on and after the time the contract comes into force.

(2)A person who was not a police officer immediately before the time his or her contract of employment as an Assistant Commissioner comes into force is taken to have been appointed as a police officer at the time the contract comes into force.

26Appointment of Acting Assistant Commissioner

(1)The Chief Commissioner may appoint a police officer to act as an Assistant Commissioner—

(a)during a vacancy in the office of an Assistant Commissioner; or

(b)during a period, or all periods, when an Assistant Commissioner is absent from duty or, for any other reason, is unable to perform the duties of office.

(2)An Acting Assistant Commissioner has all the powers and must perform all the duties of the Assistant Commissioner in whose place he or she is acting.

(3)An appointment under this section may be made for a period not exceeding 6 months.

(3A)A person appointed to act as an Assistant Commissioner is eligible to be reappointed.

(3B)A person must not be appointed to act as an Assistant Commissioner for more than 2 consecutive terms.

(4)The Chief Commissioner may revoke the appointment of an Acting Assistant Commissioner at any time.

Division 5—Other police officers

27Appointment of police officers

(1)Subject to section 15, the Chief Commissioner may appoint a person as a police officer below the rank of Assistant Commissioner.

Note

Section 15 enables the Governor in Council to determine the total number of police officers and the total number of police officers of each rank.

(2)Subject to subsection (3), the Chief Commissioner may appoint a person under this section only if the person satisfies the prescribed criteria for appointment.

(3)The Chief Commissioner, in exceptional circumstances, may waive any of the prescribed criteria for appointment in any particular case.

(4)Subject to subsection (5), an appointment under this section—

(a)may be on a full-time or part-time basis; and

(b)may be for a fixed term or on an ongoing basis.

(5)An appointment under this section may be made on a part-time basis or for a fixed term (or both) only if the Chief Commissioner is satisfied that it is necessary to do so for the purposes of—

(a)a specific project or task force of finite duration; or

(b)dealing with an emergency within the meaning of the Emergency Management Act 1986.

(6)The instrument of appointment must specify the rank at which the person is appointed.

28Probation for appointment

(1)The appointment of a person under section 27 is subject to the following initial period of probation—

(a)2 years in the case of an appointment at the rank of constable; or

(b)one year in any other case.

(2)At the end of the initial period of probation, the appointment is confirmed unless, before that time, the Chief Commissioner—

(a)terminates the appointment under subsection (4); or

(b)extends the probation for a period not exceeding one year.

(3)At the end of a further period of probation under subsection (2)(b), the appointment is confirmed unless, before that time the Chief Commissioner terminates the appointment under subsection (4).

(4)The Chief Commissioner may terminate an appointment under section 27 at any time during an initial or further period of probation.

(5)In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

(a)suspension;

(b)leave without pay;

(c)personal leave of one month or more continuously;

(d)parental leave of one month or more continuously;

(e)long service leave.

29Appointment of officers from other jurisdictions

(1)This section applies to the appointment under section 27 of a person who—

(a)has never been a police officer; and

(b)is or has been an officer or member of a police force of another jurisdiction.

(2)The Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person—

(a)either—

(i)meets the prescribed criteria for appointment at the proposed rank; or

(ii)subject to the satisfactory completion of training specified by the PRS Board, will meet the prescribed criteria for appointment at the proposed rank; and

(b)has the capabilities to perform the duties of a police officer at the proposed rank.

(3)Subject to section 222(3), the PRS Board must comply with a request under subsection (2).

Note

The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part 12 gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 222(3) the PRS Board may decline to provide advice in certain circumstances.

(4)The Chief Commissioner must consider the advice of the PRS Board in determining whether to appoint the person under section 27 and in determining the rank at which and position to which he or she is appointed.

30Appointment of former police officers

(1)This section applies to the appointment to Victoria Police of a person who has previously been a police officer.

(2)The Chief Commissioner may appoint the person under section 27 if the person is registered on the Police Profession Register.

(3)If the person is not registered on the Police Profession Register, the Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person—

(a)either—

(i)meets the prescribed criteria for appointment at the proposed rank; or

(ii)subject to the satisfactory completion of training specified by the PRS Board, will meet the prescribed criteria for appointment at the proposed rank; and

(b)has the capabilities to perform the duties of a police officer at the proposed rank.

*                *                *                *                *

(4)Subject to section 222(3), the PRS Board must comply with a request under subsection (3).

Note

The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part 12 gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 222(3) the PRS Board may decline to provide advice in certain circumstances.

(5)If the PRS Board's advice has been requested under this section, the Chief Commissioner must consider the advice in determining whether to appoint the person under section 27 and in determining the rank at which and position to which he or she is appointed.

31Promotion of police officers

(1)Subject to section 15, the Chief Commissioner may promote a police officer appointed under section 27 to a higher rank in accordance with this Act and the regulations.

Note

Section 15 enables the Governor in Council to determine the total number of police officers of each rank.

(2)In determining a promotion, the Chief Commissioner—

(a)must have regard to the efficiency of the candidate for promotion; and

(b)if there is more than one candidate for promotion—

(i)must have regard to their relative efficiencies; and

(ii)subject to subsection (3), must not have regard to their relative seniority.

(3)The Chief Commissioner must have regard to the relative seniority of candidates for promotion to the rank of senior sergeant, sergeant or senior constable if the Chief Commissioner considers that the candidates are equally efficient.

(4)Subsection (2) does not apply to—

(a)a promotion to a position of senior constable (general duties); or

(b)a promotion of a constable who holds a position to the rank of senior constable in the same position.

(5)The Chief Commissioner must cause notice of the selection of a police officer for promotion to be published in the Police Gazette.

32Probation for promotion

(1)A promotion is subject to an initial period of probation of one year.

(2)At the end of the initial period of probation, the promotion is confirmed unless, before that time, the Chief Commissioner—

(a)disallows the promotion under subsection (4); or

(b)extends the probation for a period not exceeding one year.

(3)At the end of a further period of probation under subsection (2)(b), the promotion is confirmed unless, before that time, the Chief Commissioner disallows the promotion under subsection (4).

(4)The Chief Commissioner may disallow a promotion at any time during an initial or further period of probation.

(5)If a promotion is disallowed, from the time of the disallowance the police officer's rank is the rank he or she held immediately before the promotion.

(6)In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

(a)suspension;

(b)leave without pay;

(c)personal leave of one month or more continuously;

(d)parental leave of one month or more continuously;

(e)long service leave.

33Transfer of police officers

(1)The Chief Commissioner may transfer a police officer in accordance with this Act and the regulations.

(2)Without limiting the Chief Commissioner's powers to transfer a police officer, the Chief Commissioner may do any of the following—

(a)transfer a police officer on application or request under section 34;

(b)make a directed transfer under section 35;

(c)transfer a police officer under Division 6 of Part 4;

(d)transfer a police officer under Division 1 or 2 of Part 7.

34Transfer on application or request

(1)The Chief Commissioner may transfer a police officer to another position at the same rank on application or request by the officer.

(2)In determining a transfer under this section, the Chief Commissioner—

(a)must have regard to the efficiency of the candidate for transfer; and

(b)if there is more than one candidate for transfer—

(i)must have regard to their relative efficiencies; and

(ii)subject to subsection (3), must not have regard to their relative seniority.

(3)The Chief Commissioner must have regard to the relative seniority of candidates for transfer to a position in the following ranks if the Chief Commissioner considers that the candidates are equally efficient—

(a)senior sergeant;

(b)sergeant;

(c)senior constable;

(d)constable, if the position is the position of constable (general duties).

(4)Subsection (2) does not apply to—

(a)a transfer to a Metropolitan position of constable (general duties) or senior constable (general duties); or

(b)a transfer made under an expression of interest process agreed under an industrial instrument applying to police officers.

(5)The Chief Commissioner must cause notice of the selection of a police officer for transfer under this section to be published in the Police Gazette.

(6)This section does not apply to a Deputy Commissioner or an Assistant Commissioner.

35Directed transfer of police officers

(1)The Chief Commissioner may immediately transfer a police officer to any part of the State if the Chief Commissioner considers it is reasonably necessary to do so for the provision of policing services.

(2)This section does not apply to a Deputy Commissioner or an Assistant Commissioner.

Division 6—Police recruits

36Employment of police recruits

(1)The Chief Commissioner may employ as many police recruits as the Chief Commissioner considers necessary to meet the needs of Victoria Police.

(2)Subject to subsection (3), the Chief Commissioner may employ a person as a police recruit only if the person satisfies the prescribed criteria for employment as a police recruit.

(3)The Chief Commissioner, in exceptional circumstances, may waive any of the prescribed criteria for employment as a police recruit in any particular case.

(4)A police recruit is to be employed on the terms and conditions, and for the period, determined by the Chief Commissioner.

(5)The Chief Commissioner may terminate or extend the employment of a police recruit at any time.

Division 7—Protective services officers

37Functions of protective services officers

(1)The functions of a protective services officer are to provide services for the protection of—

(a)persons holding certain official or public offices; and

(b)the general public in certain places or, in an emergency, throughout the whole or a part of Victoria; and

(c)police premises and certain places of public importance.

(2)In addition, a protective services officer has the functions conferred on the officer under any other Act.

38Appointment of protective services officers

(1)Subject to section 15, the Chief Commissioner may appoint a person as a protective services officer.

Note

Section 15 enables the Governor in Council to determine the total number of protective services officers.

(2)Subject to subsection (3), the Chief Commissioner may appoint a person under this section only if the person satisfies the prescribed criteria for appointment.

(3)The Chief Commissioner, in exceptional circumstances, may waive any of the prescribed criteria for appointment in any particular case.

(4)An appointment under this section—

(a)may be on a full-time or part-time basis; and

(b)may be for a fixed term or on an ongoing basis.

(5)If there is a rank structure for protective services officers, the instrument of appointment must specify the rank at which the person is appointed.

Note

The regulations may prescribe a rank structure for protective services officers—see item 2.10 of Schedule 5.

(6)The Chief Commissioner may terminate the appointment of a protective services officer at any time before the protective services officer takes an oath or makes an affirmation under section 50.

(7)Subsection (6) does not limit any other power of the Chief Commissioner under this Act to dismiss or terminate the appointment of a protective services officer.

39Probation for appointment

(1)The appointment of a person under section 38 is subject to an initial period of probation of 2 years.

(2)At the end of the initial period of probation, the appointment is confirmed unless, before that time, the Chief Commissioner—

(a)terminates the appointment under subsection (4); or

(b)extends the probation for a period not exceeding one year.

(3)At the end of a further period of probation under subsection (2)(b), the appointment is confirmed unless, before that time, the Chief Commissioner terminates the appointment under subsection (4).

(4)The Chief Commissioner may terminate an appointment under section 38 at any time during an initial or further period of probation.

(5)In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

(a)suspension;

(b)leave without pay;

(c)personal leave of one month or more continuously;

(d)parental leave of one month or more continuously;

(e)long service leave.

40Promotion of protective services officers

(1)If there is a rank structure for protective services officers, the Chief Commissioner may promote a protective services officer to a position at a higher rank in accordance with this Act and the regulations.

Note

The regulations may prescribe a rank structure for protective services officers—see item 2.10 of Schedule 5.

(2)In determining a promotion, the Chief Commissioner—

(a)must have regard to the efficiency of the candidate for promotion; and

(b)if there is more than one candidate for promotion—

(i)must have regard to their relative efficiencies; and

(ii)must have regard to their relative seniority if the Chief Commissioner considers that they are equally efficient.

(2A)Subsection (2) does not apply to a promotion of a protective services officer who holds a position to the rank of protective services officer senior in the same position.

(3)The regulations may provide that subsection (2) does not apply to promotion to positions at a rank specified in the regulations.

(4)The Chief Commissioner must cause notice of the selection of a protective services officer for promotion to be published in the Police Gazette.

41Probation for promotion

(1)A promotion is subject to an initial period of probation of one year.

(2)At the end of the initial period of probation, the promotion is confirmed unless, before that time, the Chief Commissioner—

(a)disallows the promotion under subsection (4); or

(b)extends the probation for a period not exceeding one year.

(3)At the end of a further period of probation under subsection (2)(b), the promotion is confirmed unless, before that time, the Chief Commissioner disallows the promotion under subsection (4).

(4)The Chief Commissioner may disallow a promotion at any time during an initial or further period of probation.

(5)If a promotion is disallowed, from the time of the disallowance, the protective services officer's rank is the rank he or she held immediately before the promotion.

(6)In determining whether or not a period of probation has ended, any of the following periods of absence from duty must be disregarded—

(a)suspension;

(b)leave without pay;

(c)personal leave of one month or more continuously;

(d)parental leave of one month or more continuously;

(e)long service leave.

42Transfer of protective services officers

(1)The Chief Commissioner may transfer a protective services officer in accordance with this Act and the regulations.

(2)Without limiting the Chief Commissioner's powers to transfer a protective services officer, the Chief Commissioner may do any of the following—

(a)transfer a protective services officer on application or request under section 43;

(b)make a directed transfer under section 44;

(c)transfer a protective services officer under Division 6 of Part 4;

(d)transfer a protective services officer under Division 1 or 2 of Part 7.

43Transfer on application or request

(1)The Chief Commissioner may transfer a protective services officer to another position at the same rank on application or request by the officer.

(2)In determining a transfer under this section, the Chief Commissioner—

(a)must have regard to the efficiency of the candidate for transfer; and

(b)if there is more than one candidate for transfer—

(i)must have regard to their relative efficiencies; and

(ii)must have regard to their relative seniority if the Chief Commissioner considers that they are equally efficient.

(3)Subsection (2) does not apply to—

(a)a transfer made under an expression of interest process agreed under an industrial instrument applying to protective services officers; or

(b)a transfer to a position at a rank specified in the regulations.

(4)The Chief Commissioner must cause notice of the selection of a protective services officer for transfer under this section to be published in the Police Gazette.

44Directed transfer of protective services officers

The Chief Commissioner may immediately transfer a protective services officer to any part of the State if the Chief Commissioner considers it is reasonably necessary to do so for the provision of protective services.

44AValidation of promotion of protective services officers to rank of protective services officer senior in the same position on or after 1 April 2020

(1)The promotion of a protective services officer to the rank of a protective services officer senior in the same position on or after 1 April 2020 and before the commencement day is as valid as it would have been had the amendments to section 40 made by section 36 of the amending Act been in operation at the time of the promotion.

(2)In this section—

amending Act means the Firearms and Other Acts Amendment Act 2021;

commencement day means the day on which Part 7 of the amending Act came into operation.

Division 8—Police reservists

45Status of police reservists

A police reservist is taken to be a police officer for the purposes of the following provisions and Acts—

(a)Division 1 of this Part (Ranks, commissions and numbers);

(b)section 19 (Delegation by Chief Commissioner);

(c)section 50 (Oath or affirmation of office);

(d)section 51(a) (Duties and powers of police officers at common law);

(e)section 53 (Proof of office);

(f)section 55 (Permanent cessation of powers);

(g)section 56 (Execution of process and warrants);

(h)section 62 (Determination of uniforms and other equipment and other standards);

(i)section 64 and Schedule 3 (Long service leave);

(j)Division 6 of Part 4 (Incapacity for duty);

(k)Division 7 of Part 4 (Protections);

(l)Division 8 of Part 4 (Liability for tortious conduct by police and protective services officers);

(m)Part 5 (Drug and alcohol testing);

(n)Part 7 (Discipline);

(o)Divisions 2 and 3 of Part 8 (Reviews);

(p)Part 9 (Complaints and investigations);

(q)Part 10 (Investigation of public interest complaints);

(r)section 252 (Bribery and corruption by police or protective services officers);

(s)section 254 (Failure to return Victoria Police identification or Victoria Police equipment);

(t)section 256 (Impersonating police or protective services officers);

(u)items 2.2, 2.11 and 2.13 of Schedule 5 (Subject matter for regulations);

(v)the Independent Broad-based Anti-corruption Commission Act 2011;

(w)the Public Interest Disclosures Act 2012;

(x)the Integrity Oversight Victoria Act 2011.

Note

Section 104 of the Police Regulation (Pensions) Act 1958 contains certain qualifications for a person to continue as a police reservist.

46Duty to act under direction and control

(1)A police reservist must perform his or her functions under the direction and control of the Chief Commissioner or of any other police officer or police reservist under whom he or she is placed by the Chief Commissioner.

(2)Nothing in this section affects or takes away from the application of section 51(a) to a police reservist.

47Training

The Chief Commissioner may require a police reservist to attend a course of instruction and training specified by the Chief Commissioner.

48Resignation

A police reservist may resign from office by giving written notice of not less than 7 days (or a shorter period agreed by the Chief Commissioner) to the Chief Commissioner.

49Suspension and termination of appointment

The Chief Commissioner may suspend or terminate the appointment of a police reservist at any time.

PART 4—POLICE DUTIES, POWERS, ENTITLEMENTS, PROTECTION AND LIABILITY

Division 1—Oath or affirmation of office

50Oath or affirmation of office

(1)Before a police officer or protective services officer performs any duty or exercises any power as a police officer or protective services officer, he or she must take an oath of office or make an affirmation of office and subscribe that oath or affirmation.

(2)The oath or affirmation must be—

(a)in Form 1 in Schedule 2 for a police officer; or

(b)in Form 2 in Schedule 2 for a protective services officer.

(3)The oath or affirmation is to be administered by—

(a)a magistrate, in the case of the Chief Commissioner or a Deputy Commissioner; or

(b)a magistrate, the Chief Commissioner or a Deputy Commissioner, in the case of an Assistant Commissioner; or

(c)a magistrate, the Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner in any other case.

(4)If a person other than the Chief Commissioner administers the oath or affirmation, the person must forward the subscribed oath or affirmation to—

(a)the Minister, in the case of the oath or affirmation of the Chief Commissioner; or

(b)the Chief Commissioner, in any other case.

Division 2—General duties and powers

51Duties and powers of police officers

A police officer who has taken and subscribed the oath or made and subscribed the affirmation under section 50 has—

(a)the duties and powers of a constable at common law; and

(b)any duties and powers imposed or conferred on a police officer by or under this or any other Act or by or under any subordinate instrument.

52Duties and powers of protective services officers

(1)A protective services officer who has taken and subscribed the oath or made and subscribed the affirmation under section 50 has, in the performance of his or her functions, the duties and powers of a constable at common law.

Note

The functions of a protective services officer are set out in section 37.

(2)In addition, a protective services officer has all the duties and powers imposed or conferred on the officer under this or any other Act, including—

(a)the duties and powers conferred on the officer while the officer is on duty—

(b)Part 7.

4.2Prescribing scales of fees or expenses to be paid to witnesses appearing before the PRS Board and the classes of cases in which any prescribed fees or expenses may be paid.

4.3Appeals and reviews under Part 8.

Part 5—Drug and alcohol testing

5.1The persons authorised—

(a)to administer breath tests or to conduct breath analyses or other tests for the purpose of detecting the presence of alcohol or a drug of dependence; and

(b)to operate equipment for that purpose.

5.2The circumstances in which a breath sample, urine sample, blood sample, oral fluid sample, buccal swab or hair sample may be taken.

5.3The procedure for the taking of samples of breath, urine, blood, oral fluid and hair and buccal swabs.

5.4The devices used in carrying out breath tests, breath analyses and other tests, including calibration, inspection and testing of those devices.

5.5The accreditation of persons conducting analyses for the presence of a drug of dependence.

5.6The procedure for handling and analysis of samples of urine, blood, oral fluid and hair and buccal swabs.

5.7Offences relating to interference with test results or the testing procedure.

5.8The handling and confidentiality of test results.

5.9Information to be included in the annual report of the Chief Commissioner under section 12 in relation to Part 5.

Part 6—Complaints and investigations about police

6.1The investigation of complaints about the conduct of police officers.

Part 7—Fees and charges

7.1Prescribing amounts and other matters for the purposes of Part 14A.

7.2Prescribing fees for applications by media organisations for authorisation to be given agency photographs.

7.3Prescribing fees for applications by authorised media organisations for the giving of agency photographs.

7.4Prescribing fees or charges that may be imposed for the provision of services by police officers, protective services officers or Victoria Police employees.

SCHEDULE 6—TRANSITIONAL PROVISIONS

Section 287

Part 1—Preliminary

1Definitions

In this Schedule—

commencement day means the day on which section 278 of this Act comes into operation;

old Act means the Police Regulation Act 1958 as in force immediately before the commencement day;

the force has the same meaning as in section 3(1) of the old Act.

2General transitional provisions

(1)Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)If a repealed provision of the old Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—

(a)any other repealed provisions of the old Act necessary to give effect to that provision; and

(b)any regulations made under the old Act for the purposes of that provision.

*                *                *                *                *

4Change of name of old Act

A reference to the Police Regulation Act 1958 in any Act (other than this Act), subordinate instrument, agreement, deed or other document must be construed as a reference to the Police Regulation (Pensions) Act 1958—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

Part 2—Victoria Police

5Victoria Police succeeds the force

On the commencement day, Victoria Police succeeds the force.

6Superseded references

(1)A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the force or the police force (in relation to Victoria) must be construed as a reference to Victoria Police—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

(2)A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to a member of the force or a member of the police force (in relation to Victoria) must be construed as a reference to a police officer—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

(3)A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to a protective services officer under, or appointed under, the Police Regulation Act 1958 must be construed as a reference to a protective services officer within the meaning of this Act—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

(4)A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to a police recruit under, or appointed under, the Police Regulation Act 1958 must be construed as a reference to a police recruit within the meaning of this Act—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

(5)A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to an executive, a police employee, a person employed by Victoria Police, or a person employed in the Office of the Chief Commissioner must be construed as a reference to a Victoria Police employee—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

(6)A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to a special constable under, or appointed under, the Police Regulation Act 1958 must be construed as a reference to a special constable within the meaning of this Act—

(a)so far as the reference relates to any period on or after the commencement day; and

(b)if not inconsistent with the subject matter.

Part 3—Victoria Police personnel

7Chief Commissioner

The person who held office as Chief Commissioner under section 4(1) of the old Act immediately before the commencement day continues to be the Chief Commissioner on and after that day, on the same terms and conditions, as if he or she had been appointed under section 17 of this Act and is eligible for reappointment.

8Deputy Commissioners

A person who held office as a Deputy Commissioner under section 4(2) of the old Act immediately before the commencement day continues to be a Deputy Commissioner on and after that day, on the same terms and conditions, as if he or she had been appointed under section 21 of this Act and is eligible for reappointment.

9Assistant Commissioners

(1)A person who held employment under Part 3 of the Public Administration Act 2004 as an Assistant Commissioner immediately before the commencement day continues to be an Assistant Commissioner on and after that day, in accordance with his or her current contract of employment under that Act, for the remainder of that contract, as if he or she had been employed under section 24 of this Act.

(2)A person referred to in subclause (1) may subsequently be employed as an Assistant Commissioner under section 24 of this Act before, on or after the expiry or termination of his or her contract of employment under Part 3 of the Public Administration Act 2004.

10Other members of the force

A person appointed under section 8 of the old Act who held office as a member of the force immediately before the commencement day continues to hold office as a police officer on and after that day, at the rank, position and seniority which he or she held immediately before the commencement day, and on the same terms and conditions, as if he or she had been appointed under section 27 of this Act.

11Police recruits

A person appointed under section 8A of the old Act who held office as a police recruit immediately before the commencement day continues to be a police recruit on and after that day on the same terms and conditions, as if he or she had been employed under section 36 of this Act.

12Protective services officers

A person appointed under section 118B of the old Act who held office as a protective services officer immediately before the commencement day continues to hold office as a protective services officer on and after that day, at the rank, position and seniority which he or she held immediately before the commencement day, and on the same terms and conditions, as if he or she had been appointed under section 38 of this Act.

13Special constables

A person appointed under section 102L of the old Act who held office as a special constable immediately before the commencement day continues to hold office as a special constable on and after that day, at the rank, position and seniority which he or she held immediately before the commencement day, and on the same terms and conditions, as if he or she had been appointed under section 191 of this Act.

14Commissioned officers

A certification of a person referred to in this Part as an officer of the force that was in force under section 8(2) of the old Act immediately before the commencement day is taken on and after that day to be the certification of the person as a commissioned officer of Victoria Police under section 14 of this Act.

15Probation

The provisions of the old Act and the regulations made under the old Act for probation continue to apply, on and after the commencement day, in relation to an appointment or promotion made under the old Act before that day and any period of probation being served by a person referred to in this Part immediately before the commencement day continues to run on and after that day.

16Former members of police personnel and members of the force

(1)A person who, immediately before the commencement day, was a former member of police personnel is taken, on and after that day, to be a former member of Victoria Police personnel.

(2)A person who, immediately before the commencement day, was a former member of the force is taken, on and after that day, to be a former police officer.

(3)A reference in section 30 of this Act to a person who has previously been a police officer includes a reference to a person referred to in subclause (2).

(4)In this clause—

member of police personnel has the meaning given in section 3(1) of the old Act;

member of the force has the meaning given in section 3(1) of the old Act.

Part 4—Police duties, powers, entitlements and protection

17Oath or affirmation

A person referred to in Part 3 of this Schedule or a police reservist who took and subscribed an oath or made and subscribed an affirmation under section 13, 102M, 105 or 118C of the old Act (as the case may be) is not required to take and subscribe an oath or make and subscribe an affirmation under section 50 or 192 of this Act and is to be taken, for all purposes, to have taken and subscribed the oath or made and subscribed the affirmation required by whichever of those sections applies to the person.

18Determination of uniforms, equipment and other standards

A determination in force under section 5(2) of the old Act immediately before the commencement day is taken on and after that day to be a determination under section 62 of this Act.

19Chief Commissioner's instructions

An order or instruction in force under section 17 of the old Act immediately before the commencement day is taken on and after that day to be a Chief Commissioner's instruction issued under section 60 of this Act.

20Training agreements and sureties

An agreement or surety in force immediately before the commencement day in accordance with an Order made under section 129 of the old Act continues in force on and after that day in accordance with its tenor despite the repeal of that section.

21Long service leave

In determining the entitlements of a person referred to in Part 3 of this Schedule to long service leave under this Act, regard must be had to—

(a)any period of service of the person under the old Act before the commencement day; and

(b)any long service leave taken by the person under the old Act before the commencement day.

22Resignation

(1)A person referred to in Part 3 of this Schedule (other than an Assistant Commissioner) or a police reservist who gave notice of resignation under the old Act before the commencement day is entitled to resign at the conclusion of the period of notice required under that Act.

(2)An Assistant Commissioner referred to in Part 3 of this Schedule who gave notice of resignation before the commencement day in accordance with his or her contract of employment under Part 3 of the Public Administration Act 2004 is entitled to resign in accordance with the contract.

23Ill-health retirement

Section 16B of the old Act continues to apply on and after the commencement day in relation to an inquiry begun but not completed under that section before that day.

24Incapacity for duty

Division 4 of Part IV of the old Act continues to apply on and after the commencement day in relation to a notice of incapacity given to a person under section 83 of the old Act before that day.

25Police tort claims

Division 8 of Part 4 of this Act applies to a police tort in respect of which a police tort claim is made on or after the commencement day whether the tort was alleged to have been committed before, on or after that day.

Part 5—Drug and alcohol testing

26Critical incident testing

The Chief Commissioner may give a testing direction under Division 2 of Part 5 of this Act in relation to a critical incident that occurred before, on or after the commencement day.

27Use of samples and testing results obtained under the old Act

(1)Sections 85C and 85E of the old Act continue to apply on and after the commencement day as if a reference in those sections to an investigation under Part IV, IVA or IVB included a reference to an investigation under Division 6 of Part 4, Part 7, Part 9 or Part 10 of this Act.

(2)A reference in section 98 of this Act to the result of any test includes the result of any test conducted in accordance with a direction given under Division 4A of Part IV of the old Act.

28Offence to disclose identifying information

(1)A person must not, other than as required or authorised by the old Act or the regulations made under the old Act, or as required or authorised by this Act or the regulations, disclose to any other person the identity of a person to whom or in respect of whom a direction was given under Division 4A of Part IV of the old Act.

Penalty:60 penalty units.

(2)Subclause (1) does not apply to a disclosure by—

(a)the person to whom or in respect of whom a direction was given under Division 4A of Part IV of the old Act; or

(b)the IBAC or an IBAC Officer.

(3)Subclause (1) does not apply to the disclosure of information in a proceeding of a kind referred to in section 85E(2) of the old Act as continued by clause 27.

(4)To avoid doubt, section 232 of this Act does not apply in relation to a person to whom a direction was given under Division 4A of Part IV of the old Act.

Part 6—Police registration

29Registration

A person who was registered on the Police Profession Register under Part VAA of the old Act immediately before the commencement day is taken, on and after that day, to be registered on the Police Profession Register under Part 6 of this Act until his or her registration would have expired under the old Act, and may apply for renewal of registration under Part 6 of this Act.

30PRS Board

A person who was a member of the PRS Board under the old Act immediately before the commencement day continues to be a member of the PRS Board on and after that day under this Act on the same terms and conditions of appointment for the balance of his or her term, and is eligible for reappointment.

Part 7—Discipline

31Disciplinary action commenced under old Act

(1)Division 2 of Part IV of the old Act continues to apply on and after the commencement day to a disciplinary matter that was commenced under that Division but not determined before that day.

(2)For the purposes of subclause (1) a disciplinary matter was commenced under Division 2 of Part IV of the old Act when an investigation of it began under section 70 of that Act.

(3)Division 3 of Part IV of the old Act continues to apply on and after the commencement day in relation to a person believed to have committed or charged with an offence if the matter was commenced under that Division but not determined before that day.

(4)For the purposes of subclause (3) a matter was commenced under Division 3 of Part IV of the old Act when an investigation of it began under section 79(1) of that Act.

32Disciplinary action under this Act

(1)Subject to subclause (2), Division 1 of Part 7 of this Act applies on and after the commencement day whether the conduct giving rise to the breach of discipline occurred before, on or after that day.

(2)Division 1 of Part 7 of this Act does not apply in relation to conduct occurring before the commencement day that was or is the subject of an investigation under section 70 of the old Act held or commenced before that day.

(3)Subject to subclause (4), Division 2 of Part 7 of this Act applies on and after the commencement day in relation to a person believed to have committed an offence before, on or after that day, or who was charged with an offence alleged to have been committed before, on or after that day.

(4)Division 2 of Part 7 of this Act does not apply in relation to a person believed to have committed or charged with an offence if the person is the subject of an investigation under section 79 of the old Act held or commenced before that day.

Part 8—Appeals and reviews

33Appeals and reviews under old Act

(1)Part IVAA of the old Act continues to apply on and after the commencement day to an appeal or review that was commenced but not determined under that Part before that day.

(2)For the purposes of subclause (1)—

(a)an appeal was commenced when it was lodged under section 86AC or 86AD of the old Act; and

(b)a review was commenced when the application for review was lodged under section 86AI of the old Act.

34Appeals and reviews under this Act

(1)A person may appeal or apply for review under Part 8 of this Act in respect of a decision made under the old Act if—

(a)the person could appeal or apply for review of the decision under Part 8 if it were made under this Act; and

(b)in the case of a decision made before the commencement day, the person had not appealed or applied for review under the old Act in respect of the decision before the commencement day.

(2)To avoid doubt, subsection (1) applies whether the decision was made before the commencement day or, because of the operation of clause 24 or 31, on or after the commencement day.

(3)A reference in section 141(3) of this Act to an appeal lodged under that section includes a reference to an appeal lodged under section 86AC of the old Act before the commencement day.

(4)A reference in section 141(3) of this Act to an appeal lodged under that section includes a reference to an appeal lodged under section 86AD of the old Act before the commencement day.

Part 9—Police complaints and protected disclosure complaints

35Complaints made before the commencement day

(1)A complaint that was made under section 86L of the old Act before the commencement day is taken, on and after that day, to be a complaint made under section 167 of this Act and may be investigated, or continued to be investigated, under Part 9 of this Act accordingly.

(2)Subclause (1) does not apply if an investigation of the complaint had been completed under the old Act before the commencement day.

36Protected disclosure complaints

(1)Part IVB of the old Act, as in force immediately before the commencement day, continues to apply on and after that day to the investigation of a protected disclosure complaint that was commenced before that day.

(2)Part 10 of this Act applies to a protected disclosure complaint referred to the Chief Commissioner by the IBAC before, on or after the commencement day other than a protected disclosure complaint to which subclause (1) applies.

Part 10—Confidentiality and privilege

37Declaration of non-Victorian statutory insurance scheme laws and persons as statutory insurance scheme insurers

A declaration in force under section 118M of the old Act immediately before the commencement day is taken on and after that day to be a declaration in force under section 247 of this Act.

38Requests for vehicle accident information made before commencement day

A request for vehicle accident information made under section 118N of the old Act that is outstanding on the commencement day is taken to be a request made under section 248 of this Act.

39Offences in relation to vehicle accident information

Section 251 of this Act applies to vehicle accident information disclosed to a person under section 118P of the old Act before the commencement day as if it were vehicle accident information disclosed to the person under this Act.

40Authorisation of media organisations

An authorisation in force under section 118W(1) of the old Act immediately before the commencement day is taken on and after that day to be an authorisation under section 236(1) of this Act.

41Applications for and use of agency photographs

(1)An application for the giving of an agency photograph made under section 118S of the old Act that is outstanding on the commencement day is taken to be an application made under section 237 of this Act.

(2)An authorisation to give an agency photograph to an authorised media organisation that was in force under section 118R of the old Act immediately before the commencement day is taken on and after that day to be an authorisation under section 236 of this Act to give an agency photograph to that authorised media organisation.

Part 11—General

42Declaration of incidents requiring urgent cross-border assistance

A declaration in force under section 102Q of the old Act immediately before the commencement day is taken on and after that day to be a declaration under section 196 of this Act.

43Disputed property in possession of police

Section 125 of the old Act continues to apply on and after the commencement day in relation to an application made but not determined under that section before that day.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 16 October 2013

Legislative Council: 28 November 2013

The long title for the Bill for this Act was "A Bill for an Act to re-enact and modernise the law relating to the governance and regulation of Victoria Police, to retitle and substantially repeal the Police Regulation Act 1958 and for other purposes."

The Victoria Police Act 2013 was assented to on 17 December 2013 and came into operation on 1 July 2014: Special Gazette (No. 200) 24 June 2014 page 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Victoria Police Act 2013 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victoria Police Act 2013, No. 81/2013 (as amended by No. 2/2024)

Assent Date:	17.12.13
Commencement Date:	S. 286, Sch. 6 cl. 3(4) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2; s. 174R inserted on 7.9.22 by No. 37/2022 s. 20: s. 2(1)
Note:	S. 286 repealed Pt 16 Div. 1 (ss 278–286) on 1.12.15; Sch. 6 cl. 3(4) repealed Sch. 6 cl. 3 on 1.7.16; s. 174R repealed Pt 9A (ss 174B–174R) on 7.9.25
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 108) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	Ss 4–9, 11 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 Victoria Police Act 2013

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	Ss 182–185 on 27.8.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 50) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 42) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014

Assent Date:	21.10.14
Commencement Date:	S. 35 on 1.7.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 56(Sch. 1 item 14) on 17.6.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 61) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Victoria Police Amendment (Validation) Act 2015, No. 31/2015

Assent Date:	11.8.15
Commencement Date:	S. 3 on 11.8.15: s. 2
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015

Assent Date:	22.9.15
Commencement Date:	S. 29 on 1.12.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Police Custody Officers) Act 2015, No. 59/2015

Assent Date:	18.11.15
Commencement Date:	Ss 3–7 on 19.11.15: s. 2
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Victoria Police Amendment (Merit-based Transfer) Act 2016, No. 19/2016

Assent Date:	19.4.16
Commencement Date:	Ss 3–6 on 20.4.16: s. 2
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Witness Protection Amendment Act 2016, No. 34/2016

Assent Date:	15.6.16
Commencement Date:	Ss 33, 34 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	S. 48 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Police and Justice Legislation Amendment (Miscellaneous) Act 2016, No. 54/2016

Assent Date:	18.10.16
Commencement Date:	Ss 4–22, 24–26 on 1.12.16: Special Gazette (No. 368) 29.11.16 p. 1; s. 23 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Wrongs Amendment (Organisational Child Abuse) Act 2017, No. 12/2017

Assent Date:	27.3.17
Commencement Date:	S. 4 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 18) on 1.9.17: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Crimes Legislation Amendment (Public Order) Act 2017, No. 32/2017

Assent Date:	15.8.17
Commencement Date:	S. 12 on 13.9.17: Special Gazette (No. 303) 12.9.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	Ss 41–49, 60 on 26.9.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Corrections Legislation Further Amendment Act 2017, No. 64/2017

Assent Date:	19.12.17
Commencement Date:	S. 29 on 20.12.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 133) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	Ss 80–88, 89(Sch. 1 Pt D) on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	Ss 31–36, 89 on 1.7.19: Special Gazette (No. 215) 4.6.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 59) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019, No. 39/2019

Assent Date:	6.11.19
Commencement Date:	S. 13 on 7.11.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Victoria Police Act 2013

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 108) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Police and Emergency Legislation Amendment Act 2020, No. 29/2020

Assent Date:	27.10.20
Commencement Date:	Ss 5–8 on 2.12.20: Special Gazette (No. 624) 1.12.20 p. 1; ss 3, 4 on 7.4.21: Special Gazette (No. 152) 30.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	S. 201 on 26.4.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Firearms and Other Acts Amendment Act 2021, No. 44/2021

Assent Date:	26.10.21
Commencement Date:	Ss 36–38 on 27.10.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date:	7.12.21
Commencement Date:	S. 35 on 8.12.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	S. 81 on 1.12.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Victoria Police Amendment Act 2022, No. 8/2022

Assent Date:	11.3.22
Commencement Date:	S. 3 on 11.3.22: s. 2
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Police and Other Matters) Act 2022, No. 37/2022

Assent Date:	6.9.22
Commencement Date:	Ss 10–21, 23 on 7.9.22: s. 2(1); ss 22, 24 on 1.1.24: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Human Source Management Act 2023, No. 8/2023

Assent Date:	16.5.23
Commencement Date:	S. 93 on 30.9.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 32) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	S. 15 on 11.10.23: s. 2(1); s. 79 on 1.1.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024

Assent Date:	20.2.24
Commencement Date:	Ss 46−59 on 21.2.24: s. 2(1); ss 42−45 on 13.11.24: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 25 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 41) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025

Assent Date:	18.6.25
Commencement Date:	Ss 19A–19D on 19.6.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Victoria Police Act 2013

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3   Explanatory details

No entries at date of publication.