VICTORIA POLICE ACT 2013
Table of Provisions
PART 1--PRELIMINARY
PART 2--VICTORIA POLICE
Division 1--Constitution, role and functions
Division 2--Relationship with government
PART 3--VICTORIA POLICE PERSONNEL
Division 1--Ranks, commissions and numbers
Division 2--Chief Commissioner
Division 3--Deputy Commissioners
Division 4--Assistant Commissioners
Division 5--Other police officers
- 27 Appointment of police officers
- 28 Probation for appointment
- 29 Appointment of officers from other jurisdictions
- 30 Appointment of former police officers
- 31 Promotion of police officers
- 32 Probation for promotion
- 33 Transfer of police officers
- 34 Transfer on application or request
- 35 Directed transfer of police officers
Division 6--Police recruits
- 36 Employment of police recruits
Division 7--Protective services officers
Division 8--Police reservists
- 45 Status of police reservists
- 46 Duty to act under direction and control
- 47 Training
- 48 Resignation
- 49 Suspension and termination of appointment
PART 4--POLICE DUTIES, POWERS, ENTITLEMENTS, PROTECTION AND LIABILITY
Division 1--Oath or affirmation of office
- 50 Oath or affirmation of office
Division 2--General duties and powers
- 51 Duties and powers of police officers
- 52 Duties and powers of protective services officers
- 53 Proof of office
- 54 Temporary cessation of powers during leave or secondment
- 55 Permanent cessation of powers
Division 3--Specific duties and powers
- 56 Execution of process and warrants
- 57 Disposal of unclaimed property
- 58 Disputed property in possession of police
- 59 Assistance to coroners
- 59A Powers relating to police premises—requests and directions
- 59B Powers relating to police premises—removal and arrest
- 59C Powers relating to police premises—certain rights not limited
Division 4--Chief Commissioner's instructions, code of conduct and determinations
Division 5--General employment matters
- 63 Training courses
- 64 Long service leave
- 65 Resignation and retirement
- 66 Abandonment of appointment
- 67 Ill-health retirement
Division 6--Incapacity for duty
- 68 Definitions
- 69 Notice of incapacity
- 70 Determination of incapacity
Division 7--Protections
- 71 Protection of people executing warrants
Division 8--Liability for tortious conduct by police and protective services officers
- 72 What is a police tort?
- 73 What is a police tort claim?
- 74 Liability of the State for police torts
- 75 How can police tort claims be made?
- 76 Counterclaims
- 77 Time for serving State's defence
- 78 Costs in police tort claims
- 79 Payments by the State if police or protective services officer liable
- 80 Division does not affect certain claims and proceedings
- 81 Effect of Division on other laws
PART 5--DRUG AND ALCOHOL TESTING
Division 1--Introduction
- 82 Definitions
- 83 Designated work units and designated work functions
- 84 Meaning of rostered on and rostered off
Division 2--Critical incident testing
- 85 Persons subject to critical incident testing
- 86 Critical incident testing
- 87 Samples taken where person is unconscious etc.
Division 3--Targeted testing
Division 4--Designated work unit testing and designated work function testing
- 91 Persons subject to designated work unit testing or designated work function testing
- 92 Designated work unit testing
- 93 Designated work function testing
Division 5--Random testing
- 94 Persons subject to random testing
- 95 Random testing
Division 6--Use of test results
- 96 Chief Commissioner may have regard to evidence in certain circumstances
- 97 Admissibility of test results in certain proceedings
- 98 Confidentiality of test results
Division 7--General
- 99 Requirement to comply with testing direction
- 100 Offence to tamper with a sample
- 101 Limitation of liability for registered medical practitioners etc.
- 102 Operation of the Road Safety Act 1986
PART 6--POLICE REGISTRATION
Division 1--Registration
- 103 Qualifications for registration
- 104 Application for registration
- 105 Registration
- 106 Commencement and duration of registration
Division 2--Renewal of registration
- 107 Board must notify person when registration about to expire
- 108 Application for renewal of registration
- 109 Renewal of registration
Division 3--Suspension and cancellation of registration
- 110 Mandatory suspension of registration
- 111 Discretionary suspension of registration
- 112 Effect of suspension
- 113 Mandatory cancellation of registration
- 114 Notice of intention to cancel
- 115 Cancellation following notice
- 116 Return of certificate on cancellation
Division 4--Hearings
- 117 Hearings
- 118 Procedure at hearings
- 119 Application for registration or renewal of registration hearings—Private unless otherwise ordered
- 120 Cancellation of registration hearings—Public unless otherwise ordered
Division 5--Police Profession Register
Division 6--General
- 123 Natural justice
- 124 Service of notices under this Part
- 124A Publication of statements of reasons
PART 7--DISCIPLINE
Division 1--Breaches of discipline
- 125 Breaches of discipline
- 126 Preliminary investigation
- 127 Charging
- 128 Form of charge
- 129 Inquiry into a charge
- 130 Authorisation of persons to charge or inquire into and determine charges
- 130A Fitness to participate in an inquiry
- 131 Procedure on an inquiry
- 132 Determination of the inquiry
- 132A Conditions specified in an adjournment determination
- 133 Enforcement of the determination
- 134 Adjournment of charge
Division 2--Offences punishable by imprisonment
- 135 Officer believed to have committed an offence punishable by imprisonment
- 136 Charge found proven against officer
- 136A Conditions specified by the Chief Commissioner
- 136B Action to enable officer to comply with conditions
- 136C Failure by officer to comply with good behaviour requirement or conditions
- 137 Action not to be taken against an officer twice
Division 3--Effect of suspension, dismissal or reduction of rank
- 138 Suspension
- 139 Forfeiture of salary
- 140 No compensation for dismissal or reduction in rank
PART 8--APPEALS AND REVIEWS
Division 1--Appeals
- 141 Promotion and transfer appeals—police officers
- 142 Promotion and transfer appeals—protective services officers
- 143 Constitution of PRS Board for appeal
- 144 Appeal to be re-hearing
- 145 Procedure on appeal
Division 2--Reviews
- 146 What decisions are reviewable?
- 147 Form and time limits for applying for review
- 148 Constitution of PRS Board for review
- 149 Special procedure for review of directed transfers
- 150 Chief Commissioner to lodge file in review of incapacity decisions
- 151 PRS Board must have regard to public interest and interests of applicant
- 152 Powers of PRS Board on review of termination or dismissal decisions
- 153 Powers of PRS Board on review of certain demotion and transfer decisions
- 154 Powers of PRS Board on review of other decisions
- 154A Obligation to publish statements of reasons for decisions on review
Division 3--General provisions for appeals and reviews
- 155 Natural justice
- 156 General procedure
- 156A Practice notes
- 157 Hearings to be public unless otherwise ordered
- 158 Appearance and representation
- 158A Appearance by audio link or audio visual link
- 159 Evidence
- 160 Witness summons
- 161 Witness summons offences
- 162 Contempt of PRS Board
- 163 Protection of participants
- 164 Extension of time
- 165 Chief Commissioner to give effect to PRS Board orders and decisions
- 165A Obligation to notify parties to an appeal or a review of decision
PART 9--COMPLAINTS AND INVESTIGATIONS
Division 1--Preliminary
Division 2--Complaints and investigations
Division 3--General
PART 9A--RESTORATIVE ENGAGEMENT AND REDRESS SCHEME FOR CURRENT AND FORMER MEMBERS OF VICTORIA POLICE PERSONNEL
Division 1--Preliminary
- 174B Definitions
- 174C Objective of the scheme
- 174D Function of the Secretary
- 174E Delegation by the Secretary
Division 2--Application and determination
- 174F Persons who may participate
- 174G Application to the Secretary
- 174H Initial determination
- 174I Scheme determination
- 174J Notice of determination
- 174K Application for internal review
- 174L Appointment of internal reviewer
- 174M Internal review
- 174N Notice of decision on internal review
Division 3--Giving effect to scheme determination
- 174O Secretary must give effect to scheme determination
Division 4--Other matters
- 174P Other actions and remedies not affected
- 174PA Notification to the IBAC not required in certain circumstances
- 174PB Provision of certain information to the IBAC
- 174Q Admissibility of scheme materials in proceedings
Division 5--Repeal of this Part
PART 10--INVESTIGATION OF PUBLIC INTEREST COMPLAINTS
Division 1--Investigations
- 175 Duty to investigate
- 176 Power to require answers etc. of specified members of police personnel in certain investigations
- 177 Person who made disclosure may request information about investigation
Division 2--Action on investigation
Division 3--Disclosure of information
Division 4--Investigation procedures
Division 5--Other matters
PART 11--SPECIAL CONSTABLES
Division 1--Appointment ofspecial constables generally
Division 2--Incidents requiring urgent cross‑border assistance
- 196 Declaration of incident
- 197 Period of declaration
- 198 Appointment of special constables during declared incident
- 199 Oath or affirmation
- 200 Termination of appointment
PART 11A--POLICE CUSTODY OFFICER SUPERVISORS AND POLICE CUSTODY OFFICERS
Division 1--Preliminary
Division 3--Powers of police custody officers in relation to arrested persons
Division 4--Supervision at direction of court
PART 12--POLICE REGISTRATION AND SERVICES BOARD
Division 1--Establishment and functions
Division 2--Membership
Division 3--General provisions for the PRS Board
Division 4--Checks and investigations by the PRS Board
- 220 Checks and investigations for registration and provision of advice
- 221 Criminal record and other checks
- 222 Investigations and further information
- 223 Witness summons
- 224 Service of notices and summonses under this Division
PART 13--CONFIDENTIALITY AND PRIVILEGE
Division 1--Confidentiality of police information
- 225 Definitions
- 226 Victoria Police personnel duty not to access, use or disclose police information
- 227 Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—summary offence
- 228 Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—indictable offence
- 229 Unauthorised access to, use of or disclosure of police information by service providers
- 230 Access to, use of or disclosure of information on a computerised database
- 231 Other authorised access to, use of or disclosure of police information
- 232 Offence to disclose information in relation to drug and alcohol testing
Division 2--Other confidentiality and privilege provisions
- 233 Deliberations of Ministers and Parliamentary committees not to be disclosed
- 234 Certain crime reports privileged
Division 3--Agency photographs
- 235 Definitions
- 236 Authorisation of media organisations
- 237 Application for authorisation under section 236
- 238 Chief Commissioner may authorise the giving of agency photographs to media organisations
- 239 Application for giving of agency photograph
- 240 Considerations to be taken into account in authorising the giving of agency photographs
- 241 Notification of authorisation under section 238
- 242 Offences as to authorisation and use of agency photographs
- 243 Protection against actions for defamation or breach of confidence
- 244 Protection in respect of offences
- 245 Procedure under section 234 not affected
Division 4--Disclosure of vehicle accident information
- 246 Definitions
- 247 Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers
- 248 Certain persons may request disclosure of vehicle accident information
- 249 Form and content of application for vehicle accident information
- 250 Disclosure of vehicle accident information
- 251 Disclosure 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
Division 2--Ancillary provisions for offences
- 259 Definitions
- 260 Criminal liability of officers of bodies corporate—accessorial liability
- 261 Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 262 Conduct by officers, employees or agents
Division 3--Search and seizure powers
- 263 Definitions
- 264 Entry and search with consent
- 265 Notice before entry and search
- 266 Acknowledgement of consent to entry and search
- 267 Search warrants
- 268 Form and content of search warrant
- 269 Announcement before entry
- 270 Details of warrant to be given to occupier
- 271 Seizure of things not mentioned in the warrant
- 272 Retention and return of seized things
- 273 Magistrates' Court may extend 6 month period
- 274 Things seized may be used in connection with investigations into conduct
PART 14A--FEES FOR POLICING SERVICES
- 274A Definitions
- 274B Fees for provision of police services and goods in connection with commercial events
- 274C Contracts and other arrangements for police services and goods
- 274D Recovery of amounts payable
- 274E Refund, reduction or waiver
- 274F Chief Commissioner may redeploy police services and goods
- 274G Regulations prescribing amounts payable
PART 15--GENERAL
PART 16--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
Division 2--Transitional provisions
- 287 Transitional provisions
- 288 Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
- 289 Transitional provision—repeal of restorative engagement and redress scheme for current and former members of Victoria Police personnel
- 290 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2024
