Police Regulations 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Police Regulations 2013 S.R. No. 67/2013 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Revocation 2 5 Definition 2 PART 2—APPOINTMENTS 3 Division 1—Members of the force 3 6 Qualifications for appointment to the force 3 7 Appointment to specialist areas 3 8 False statements 4 9 Seniority 4 Division 2—Protective services officers 4 10 Qualifications for appointment as a protective services officer 4 11 False statements 5 12 Probation 5 13 Rank structure 5 14 Filling vacancies 5 15 Obedience to orders 6 Division 3—Secondment of members to other police forces 6 16 Secondment of members to other police forces 6 PART 3—DISCIPLINE 8 17 Inquiries conducted by Chief Commissioner or authorised officer 8 18 Amending charges 8 19 Payment of penalties 8 -- 1 of 43 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 4—TRANSFERS AND PROMOTIONS 9 20 Filling positions 9 21 Application for reversion in rank 9 22 Advertising positions 9 23 Temporary promotion 10 24 Lapse of applications 11 PART 5—APPEALS AND REVIEWS 12 Division 1—Appeals 12 25 Requirements for an appeal 12 26 Procedure on an appeal 12 27 Decision of the PRS Board 13 Division 2—Reviews 13 28 Requirements for a review 13 29 Action to be taken after lodgement of an application for review 14 30 Decision of PRS Board 14 Division 3—General 14 31 Witness expenses 14 PART 6—LONG SERVICE LEAVE 15 32 Interpretation 15 33 Nature of service 15 34 Computation of period of service 15 35 Computation of pay 17 36 Applications for long service leave—Former, incapacitated or deceased members 18 PART 7—TRAINING AGREEMENTS 19 37 Conditions of approved training 19 PART 8—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE 20 Division 1—General 20 38 Direction to furnish a sample of breath or urine or allow a sample of blood to be taken 20 39 Taking of a sample of urine or blood—General 21 Division 2—Prescribed matters 22 40 Prescribed breath analysing devices 22 41 Prescribed persons to take urine samples 23 -- 2 of 43 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel Division 3—Breath analysis 24 42 Procedure for breath analysis 24 43 Certificate of breath analysis 24 Division 4—Taking blood samples 25 44 Procedure for taking blood sample 25 45 Procedure after taking blood sample 25 46 Certificate of taking of blood sample 27 Division 5—Taking urine samples 28 47 Procedure for collecting urine sample 28 48 Procedure after collecting urine samples 28 49 Certificate of taking of urine sample 29 Division 6—Analysis of urine or blood sample 30 50 Analysis of samples of urine or blood 30 51 Certificate of analysis of sample of urine or blood 30 Division 7—Handling of information and confidentiality 31 52 Confidentiality of test results 31 PART 9—EXERCISE OF POWERS BY PROTECTIVE SERVICES OFFICERS AT A DESIGNATED PLACE 33 53 Definitions 33 54 Designated place 33 55 Amendment consequent on Rail Safety National Law 34 __________________ SCHEDULES 35 SCHEDULE 1—Types of Service Prescribed for Purposes of Long Service Leave Entitlement 35 1 Types of Service 35 2 Definition 36 SCHEDULE 2—Agreement by Member of the Police Force Relating to Permission Given to the Member by the Chief Commissioner to Undertake Training 37 SCHEDULE 3—Revocations 40 ═══════════════ -- 3 of 43 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 67/2013 Police Regulation Act 1958 Police Regulations 2013 The Governor in Council makes the following Regulations: Dated: 18 June 2013 Responsible Minister: KIM WELLS Minister for Police and Emergency Services MATTHEW McBEATH Acting Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to provide for the appointment of members of the police force, protective services officers and police reservists and to provide for the operation of the Police Registration and Services Board; (b) to prescribe matters necessary for the testing of members of the police force for alcohol and drugs of dependence; (c) to prescribe designated places at which protective services officers may exercise all the powers and have all the responsibilities granted or imposed by section 118D(2) of the Police Regulation Act 1958; -- 4 of 43 -- Part 1—Preliminary Police Regulations 2013 S.R. No. 67/2013 2 Authorised by the Chief Parliamentary Counsel (d) to prescribe other matters necessary for the purposes of the Police Regulation Act 1958. 2 Authorising provisions These Regulations are made under sections 118, 118K, 120 and 130 of the Police Regulation Act 1958. 3 Commencement (1) These Regulations (except regulation 55) come into operation on 1 July 2013. (2) Regulation 55 comes into operation on the day on which section 6 of the Rail Safety National Law Application Act 2013 comes into operation. 4 Revocation The Regulations listed in Schedule 3 are revoked. 5 Definition In these Regulations— the Act means the Police Regulation Act 1958. __________________ r. 2 -- 5 of 43 -- Part 2—Appointments Police Regulations 2013 S.R. No. 67/2013 3 Authorised by the Chief Parliamentary Counsel PART 2—APPOINTMENTS Division 1—Members of the force 6 Qualifications for appointment to the force A person is qualified for appointment to the force if the person— (a) is of good character and reputation; and (b) is a citizen or permanent resident of Australia or entitled to this status under Commonwealth law; and (c) has completed a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner; and (d) has passed the following tests set by the Chief Commissioner— (i) a general intelligence test; and (ii) a written examination; and (iii) an agility test. 7 Appointment to specialist areas Despite regulation 6(b) and (d), the Chief Commissioner may appoint a person with special qualifications or relevant required expertise to— (a) the Police Air Wing; or (b) the Police Bands; or (c) the Technical Support Unit, Covert Support Division. r. 6 -- 6 of 43 -- Part 2—Appointments Police Regulations 2013 S.R. No. 67/2013 4 Authorised by the Chief Parliamentary Counsel 8 False statements If a person has given false or misleading information during the selection procedure for appointment to the force or to the PRS Board, the Chief Commissioner may refuse to consider the person's application to be a member of the force. 9 Seniority (1) Seniority as between members of the force is to be determined having regard to— (a) the order of rank in descending order referred to in section 8(1) of the Act; and (b) within any such rank, the respective dates of appointment or promotion to the rank. (2) If 2 or more constables are appointed on the same day, the Chief Commissioner may determine their respective seniority. Division 2—Protective services officers 10 Qualifications for appointment as a protective services officer A person is qualified to be appointed as a protective services officer if the person— (a) is of good character and reputation; and (b) is a citizen or permanent resident of Australia or entitled to this status under Commonwealth law; and (c) has completed a medical examination to the satisfaction of a registered medical practitioner nominated by the Chief Commissioner; and r. 8 -- 7 of 43 -- Part 2—Appointments Police Regulations 2013 S.R. No. 67/2013 5 Authorised by the Chief Parliamentary Counsel (d) has passed the following tests set by the Chief Commissioner— (i) a general intelligence test; and (ii) a written examination; and (iii) an agility test. 11 False statements If a person has given false or misleading information during the selection procedure for appointment as a protective services officer, the Chief Commissioner may refuse to consider the person's application to be a protective services officer. 12 Probation Every appointment as a protective services officer is subject to 1 year's probation. 13 Rank structure The rank structure for protective services officers in descending order is— (a) protective services officer senior supervisor; (b) protective services officer supervisor; (c) protective services officer senior; (d) protective services officer first class; (e) protective services officer. 14 Filling vacancies (1) If the Chief Commissioner decides to fill a vacancy at or above the level of protective services officer senior, the Chief Commissioner— (a) must advertise the vacancy in the Police Gazette; and r. 11 -- 8 of 43 -- Part 2—Appointments Police Regulations 2013 S.R. No. 67/2013 6 Authorised by the Chief Parliamentary Counsel (b) may transfer or promote any suitably qualified protective services officer to the position. (2) If no qualified person applies for the vacancy, the Chief Commissioner may— (a) advertise the vacancy again in the Police Gazette; or (b) appoint a protective services officer who has not applied. (3) The Chief Commissioner must cause the name of the protective services officer selected for appointment to a vacancy to be published in the Police Gazette. 15 Obedience to orders A protective services officer must obey any lawful instruction or order given by the Chief Commissioner or any person under whose control, direction or supervision the officer's duties are performed. Division 3—Secondment of members to other police forces 16 Secondment of members to other police forces A member of the force who performs duties in the Australian Federal Police or the police force of another State or Territory or of another country— (a) continues to be a member of the force; and (b) must obey all lawful instructions and orders given by superior officers of the police force to which the member is seconded; and (c) is subject to the laws applicable to that police force and, as far as possible, to the Act, these Regulations and orders or directions of superiors in Victoria Police, including a r. 15 -- 9 of 43 -- Part 2—Appointments Police Regulations 2013 S.R. No. 67/2013 7 Authorised by the Chief Parliamentary Counsel notice issued under section 11(2) of the Act for the duration of that notice. __________________ r. 16 -- 10 of 43 -- Part 3—Discipline Police Regulations 2013 S.R. No. 67/2013 8 Authorised by the Chief Parliamentary Counsel PART 3—DISCIPLINE 17 Inquiries conducted by Chief Commissioner or authorised officer (1) If a member of the force is charged with a breach of discipline under Part IV of the Act, the Chief Commissioner or authorised officer must give the member at least 7 days notice of the inquiry into the charge. (2) The Chief Commissioner or authorised officer may determine whether any person making a complaint against a member of the force which leads to a charge being laid may make a submission at the inquiry. (3) The Chief Commissioner or authorised officer may determine that an inquiry is not open to the public. 18 Amending charges (1) The Chief Commissioner or authorised officer may amend a charge under Part IV of the Act. (2) If a charge is amended by the Chief Commissioner or authorised officer, the member charged must be given reasonable notice to allow the member adequate time to respond to the amended charge. 19 Payment of penalties A deduction from a member's pay under section 77(2) of the Act may be made as a lump sum or by instalments. __________________ r. 17 -- 11 of 43 -- Part 4—Transfers and Promotions Police Regulations 2013 S.R. No. 67/2013 9 Authorised by the Chief Parliamentary Counsel PART 4—TRANSFERS AND PROMOTIONS 20 Filling positions (1) If a position is (or is expected to become) vacant, the Chief Commissioner may— (a) fill the position by way of transfer, including by way of directed transfer under section 8AC of the Act, of a member; or (b) fill the position on a temporary basis in accordance with regulation 23; or (c) advertise the position and promote or transfer an applicant to the position; or (d) in the case of a position of a constable (general duties) or senior constable (general duties), promote a member to the position without advertising the position. (2) The Chief Commissioner may promote a constable who holds a position to the rank of senior constable in the same position without advertising the position if the constable is qualified and otherwise able to satisfy the eligibility criteria for promotion to the rank of senior constable. 21 Application for reversion in rank The Chief Commissioner may, on the written application of a member of the force, approve a reversion in rank of that member. 22 Advertising positions (1) The Chief Commissioner must advertise a vacant position in the Police Gazette except if— (a) the Chief Commissioner intends to fill the vacancy by way of transfer, including by way of directed transfer under section 8AC of the Act, of a member; or r. 20 -- 12 of 43 -- Part 4—Transfers and Promotions Police Regulations 2013 S.R. No. 67/2013 10 Authorised by the Chief Parliamentary Counsel (b) the Chief Commissioner intends to fill the vacancy on a temporary basis in accordance with regulation 23; or (c) the vacant position is of a constable (general duties) or senior constable (general duties). (2) The advertisement must— (a) identify the position and— (i) summarise the duties, qualifications, eligibility criteria and key selection criteria relating to the position and any time-in-position requirements relating to the period to be served in the position approved by the Chief Commissioner; or (ii) refer to the position description and set out where a copy of the position description may be obtained; and (b) state any requirement for the holder of the position to reside in any particular premises; and (c) state any requirements for on call and availability for duty rostering relating to the position; and (d) include the closing date for receipt of applications. 23 Temporary promotion (1) The Chief Commissioner may, for a fixed term and for a particular purpose in each case, temporarily promote a member of the force. (2) At the conclusion of the fixed term referred to in subregulation (1), the member who is temporarily promoted will revert to the member's substantive rank. r. 23 -- 13 of 43 -- Part 4—Transfers and Promotions Police Regulations 2013 S.R. No. 67/2013 11 Authorised by the Chief Parliamentary Counsel (3) Despite subregulation (2), the Chief Commissioner may, in accordance with the provisions of subregulation (1), again temporarily promote a member at the conclusion of the fixed term. (4) If a member was promoted to brevet rank in accordance with regulation 509(1)(b) of the Police Regulations 1992 as in force immediately before the commencement of the Police (Personnel) Regulations 1996, the member will immediately upon ceasing to occupy the position to which the member was promoted, revert to the member's substantive rank. 24 Lapse of applications (1) If a member's application for a transfer to a position is successful, all other applications for transfer by the member lapse. (2) If a member's application for a promotion to a position is successful, all other applications for promotion or transfer by the member lapse. __________________ r. 24 -- 14 of 43 -- Part 5—Appeals and Reviews Police Regulations 2013 S.R. No. 67/2013 12 Authorised by the Chief Parliamentary Counsel PART 5—APPEALS AND REVIEWS Division 1—Appeals 25 Requirements for an appeal (1) An appeal under section 86AC or 86AD of the Act must— (a) be in writing; and (b) state the grounds of appeal. (2) Unless the PRS Board otherwise determines, a person is not entitled to appeal against any promotion or transfer if the person— (a) did not satisfy the qualifications, eligibility criteria or time-in-position requirements to apply for the position; or (b) is a person whose application for a transfer or promotion to the position has lapsed under regulation 24. 26 Procedure on an appeal (1) An appellant under section 86AC or 86AD of the Act must send a copy of his or her appeal to the Chief Commissioner and to the person who was selected for promotion or transfer within the period within which the appeal must be lodged. (2) The PRS Board must, as soon as practicable, after the expiration of the time within which an appeal may be lodged, advise the Chief Commissioner of the name of the appellant. (3) The PRS Board must advise the appellant, the person who was selected for promotion or transfer and the Chief Commissioner of the time and location of the hearing of the appeal. r. 25 -- 15 of 43 -- Part 5—Appeals and Reviews Police Regulations 2013 S.R. No. 67/2013 13 Authorised by the Chief Parliamentary Counsel (4) The PRS Board must— (a) cause a copy of the statement of the grounds on which the selection for promotion or transfer was made, a copy of the appellant's application for the promotion or transfer and a copy of the appellant's appeal to be made available to the person who was selected for promotion or transfer for a reasonable period, being not less than 48 hours, before the hearing of the appeal; and (b) cause a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of the selected applicant's application for the position for which he or she was selected to be made available to the appellant for a reasonable period, being not less than 48 hours, before the hearing of the appeal. Note Section 86AT(1) of the Act provides that the appellant, the person selected and the Chief Commissioner may appear on an appeal but only the Chief Commissioner may be represented by another person. 27 Decision of the PRS Board The PRS Board must give a copy of its decision on an appeal to the Chief Commissioner, the appellant and the person selected for promotion or transfer within 14 days after the decision is made. Division 2—Reviews 28 Requirements for a review An application for a review under section 86AH of the Act must— (a) be in writing; and r. 27 -- 16 of 43 -- Part 5—Appeals and Reviews Police Regulations 2013 S.R. No. 67/2013 14 Authorised by the Chief Parliamentary Counsel (b) state the grounds for the application for a review. 29 Action to be taken after lodgement of an application for review (1) The PRS Board must advise the applicant and the Chief Commissioner of the time and location of the hearing of the review. (2) The PRS Board must give the applicant and the Chief Commissioner at least 7 days notice of the hearing. 30 Decision of PRS Board The PRS Board must give a copy of its decision on a review to the Chief Commissioner and to the applicant within 14 days after the decision is made. Division 3—General 31 Witness expenses The expenses payable to witnesses appearing before the PRS Board are the same as the allowances payable to prosecution witnesses under the Criminal Procedure Regulations 2009. __________________ r. 29 -- 17 of 43 -- Part 6—Long Service Leave Police Regulations 2013 S.R. No. 67/2013 15 Authorised by the Chief Parliamentary Counsel PART 6—LONG SERVICE LEAVE 32 Interpretation A reference to a member in this Part includes a reference to a protective services officer and a police reservist. 33 Nature of service The following periods of service entitle a member of the force to be granted long service leave on application by the member— (a) any period of service as a member; (b) any period of a type of service listed in Schedule 1; (c) service with any Commonwealth Defence Force during the Vietnam war. 34 Computation of period of service (1) The following periods of service are to be included when calculating long service leave entitlements— (a) if the member's service is not continuous, the aggregate of all periods of the member's service; and (b) any period in respect of which a pension under section 68(3) of the Superannuation Act 1958, section 20G(1) of the Emergency Services Superannuation Act 1986 or section 83A of the State Superannuation Act 1988 (as in force from time to time) was paid; and r. 32 -- 18 of 43 -- Part 6—Long Service Leave Police Regulations 2013 S.R. No. 67/2013 16 Authorised by the Chief Parliamentary Counsel (c) any period during which the member was absent on— (i) authorised leave with pay; or (ii) long service leave with full or half pay; or (iii) personal leave without pay, if the member has a medical certificate in relation to that period; or (iv) leave to undertake defence service within the meaning of the Defence Reserve Service (Protection) Act 2001 of the Commonwealth. (2) The following periods of service are not to be included when calculating long service leave entitlements— (a) any period which preceded an absence from a service duty referred to in regulation 33(b) or (c), if the absence was for a continuous period of more than 12 months; or (b) any period of leave without pay; or (c) any period that the member was suspended or dismissed from service as a result of that member's actions. (3) Subregulation (2)(a) does not apply to an absence from duty— (a) to which subregulation (1)(b) or (c) applies; or (b) which resulted from retirement because of ill-health; or (c) which resulted from retrenchment and which was for a period of less than 5 years; or r. 34 -- 19 of 43 -- Part 6—Long Service Leave Police Regulations 2013 S.R. No. 67/2013 17 Authorised by the Chief Parliamentary Counsel (d) which resulted from resignation and which was for a period of less than 5 years, if the Chief Commissioner is of the opinion that the resignation resulted from special circumstances including— (i) a pressing personal or domestic necessity deserving compassionate consideration; or (ii) changes in the work environment or career direction of a member which required an interruption to the course of that member's service. 35 Computation of pay (1) All pay received by a member of the force on long service leave must be calculated as if the member had remained on duty. (2) If a member is granted pay in lieu of the whole or part of any long service leave to which the member is entitled, the amount of pay is to be calculated using the following method: Step 1— Subtract from the period of service of the member for which he or she is entitled to long service leave any period of service in respect of which the member has been granted long service leave or pay in lieu of long service leave; and Step 2— Express the remaining period in complete years and a fraction of a year on a daily basis; and Step 3— Divide this amount by 40; and r. 35 -- 20 of 43 -- Part 6—Long Service Leave Police Regulations 2013 S.R. No. 67/2013 18 Authorised by the Chief Parliamentary Counsel Step 4— Multiply this amount by the member's annual pay at the time that the application for long service leave is made. 36 Applications for long service leave—Former, incapacitated or deceased members (1) An application for long service leave may be made at any time within 3 months after the date the member dies, retires, is dismissed or has his or her services dispensed with or terminated. (2) If a member has died or is physically or mentally incapacitated, an application for payment in lieu of long service leave may be made by the member's legal personal representative. __________________ r. 36 -- 21 of 43 -- Part 7—Training Agreements Police Regulations 2013 S.R. No. 67/2013 19 Authorised by the Chief Parliamentary Counsel PART 7—TRAINING AGREEMENTS 37 Conditions of approved training The form and conditions of an agreement for the purposes of section 129 of the Act are set out in Schedule 2. __________________ r. 37 -- 22 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 20 Authorised by the Chief Parliamentary Counsel PART 8—TESTING FOR ALCOHOL OR DRUGS OF DEPENDENCE Division 1—General 38 Direction to furnish a sample of breath or urine or allow a sample of blood to be taken (1) A direction under section 85B of the Act to a member of the police force to furnish a sample of breath or urine or allow a sample of the member's blood to be taken for the purposes of Division 4A of Part IV of the Act may be given orally or in writing. (2) The direction must state— (a) the reason that the direction is given specifying whether it is believed that the member— (i) has consumed alcohol or a drug of dependence with the result that he or she is incapable or inefficient in performing his or her duties; or (ii) has been involved in a critical incident; or (iii) ought be tested for the presence of alcohol or a drug of dependence for the good order or discipline of the force; and (b) the sample (whether breath, urine or blood) that the member is required to furnish or allow to be taken; and (c) that the member is required to remain at or to attend specified premises for the sample to be taken; and r. 38 -- 23 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 21 Authorised by the Chief Parliamentary Counsel (d) that the member should not consume alcohol or drugs before the sample is taken; and (e) that the member should advise the person taking the sample of breath, urine or blood of any prescription medication taken by the member; and (f) that, if the member fails to comply with the direction, the member commits a breach of discipline under section 69 of the Act; and (g) that the test results will be given to the Chief Commissioner and will otherwise remain confidential save for any disclosures authorised for the purposes of the Act. (3) If an oral direction is given to the member, it must be confirmed in writing given to the member as soon as practicable. 39 Taking of a sample of urine or blood—General (1) The taking of a sample of urine or blood from the member must be conducted— (a) in a respectful manner; and (b) in circumstances affording reasonable privacy to the member directed to furnish a sample of urine or allow a sample of his or her blood to be taken. (2) A sample of urine or blood must not be taken from the member in the presence or view of a person whose presence is not necessary for the purposes of obtaining that sample. (3) A person taking a sample of urine or blood from a member must not require— (a) the removal of more clothing than is necessary for the sample to be taken; and (b) more visual inspection of the member than is necessary for the sample to be taken. r. 39 -- 24 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 22 Authorised by the Chief Parliamentary Counsel (4) A sample of blood must not be taken from a member who has been involved in a critical incident if either of the following persons is of the opinion that the taking of the sample would be prejudicial to the member's care and treatment— (a) the registered medical practitioner or approved health care professional directed to take the sample; or (b) the registered medical practitioner or approved health care professional primarily responsible for the examination and treatment of the member. Division 2—Prescribed matters 40 Prescribed breath analysing devices The breath analysing devices prescribed for the purposes of detecting the presence of alcohol in the breath of a member for the purposes of Division 4A of Part IV of the Act are the breath testing devices known as— (a) Alcotest 80/A; (b) Lion Alcolmeter SD-400 Touch; (c) Lion Alcolmeter SD-400PA; (d) Lion Alcolmeter SD 400; (e) Lion Alcolmeter 500; (f) Lion Alcolmeter S-D2; (g) Drager Alcotest 80A; (h) Drager Alcotest 6510; (i) Drager Alcotest 6810; (j) Alcolizer LE; (k) Alcolizer HH1; (l) Alcolizer HH2; r. 40 -- 25 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 23 Authorised by the Chief Parliamentary Counsel (m) Breathalyser Type II; (n) Intoxilyzer; (o) Intoximeter; (p) AlcoScan; (q) AlcoScan AL-2500; (r) AlcoScan AL-3500; (s) AlcoSensor; (t) Datamaster, AlcoMatePrestige; (u) AlcoHawk Precision; (v) AlcoHawk ABI; (w) Breathalyser L-6000; (x) ProLifeloc FC10; (y) Lifeloc FC10 Plus; (z) Lifeloc FC20; (za) Guth Laboratories AlcoTector. 41 Prescribed persons to take urine samples The following persons may collect samples of urine from members for the purposes of Division 4A of Part IV of the Act— (a) a registered medical practitioner; or (b) an approved health professional; or (c) a person who— (i) has knowledge and expertise in standards and practices related to the collection and storage of urine samples; and (ii) is employed by a laboratory or drug testing service. r. 41 -- 26 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 24 Authorised by the Chief Parliamentary Counsel Division 3—Breath analysis 42 Procedure for breath analysis (1) A person operating a breath analysing instrument— (a) must not require the member to furnish a breath sample for analysis until the person is satisfied that the member has not consumed any alcohol for a period of at least 15 minutes before; and (b) must provide a fresh mouthpiece for use by the member that, until required for taking the breath sample, has been kept in a sealed container. (2) A member who is directed to furnish a sample of his or her breath must do so by exhaling continuously into the breath analysis instrument to the satisfaction of the person operating that instrument. 43 Certificate of breath analysis The person operating a breath analysing instrument must, after taking a sample of the member's breath, complete and give to the Chief Commissioner a certificate that contains the following particulars— (a) the concentration of alcohol indicated by the breath analysing instrument to be present in the member's breath; (b) the serial number of the breath analysing instrument; (c) the sample number; (d) the location of the test; (e) the name of the member whose breath is tested; r. 42 -- 27 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 25 Authorised by the Chief Parliamentary Counsel (f) the name of the person operating the breath analysing instrument; (g) the results of the self test conducted by the breath analysing instrument before and after the member's breath is analysed; (h) the results of zero tests conducted by the breath analysing instrument before and after the member's breath is analysed; (i) the date and time the member's breath was analysed. Division 4—Taking blood samples 44 Procedure for taking blood sample A registered medical practitioner or approved health professional who takes a blood sample from a member for the purposes of Division 4A of Part IV of the Act must cleanse the site of the puncture with a swab taken from a container which— (a) appears to be sealed against contamination; and (b) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. 45 Procedure after taking blood sample (1) A registered medical practitioner or approved health professional who takes a blood sample must ensure that— (a) the sample of blood is placed into 2 dry containers, each containing approximately the same amount of blood; and r. 44 -- 28 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 26 Authorised by the Chief Parliamentary Counsel (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds a specific anticoagulant and preservative such as potassium oxalate and sodium fluoride; and (ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and (d) each container has attached to it a label bearing— (i) the signature of the registered medical practitioner or approved health professional; and (ii) the date and the time the blood sample was taken; and (iii) the name of the person from whom the sample was taken (or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken); and (iv) (if known) the identification number or code enabling the sample to be identified by the laboratory or drug testing service. (2) The registered medical practitioner or approved health professional must ensure that the containers are transported to a laboratory or drug testing service for analysis. r. 45 -- 29 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 27 Authorised by the Chief Parliamentary Counsel (3) The laboratory or drug testing service must— (a) analyse the sample of blood in one of the containers for the presence of alcohol or a drug of dependence; and (b) store the other container for a period of not less than 12 months. (4) The member from whom the sample was taken may, within 12 months after the taking of the sample, apply to the laboratory or drug testing service for the sample in the stored container to be sent for analysis at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member. 46 Certificate of taking of blood sample A registered medical practitioner or approved health professional who takes a blood sample from a member must complete and give to the member a certificate stating— (a) the medical practitioner's or approved health professional's full name; and (b) that the registered medical practitioner or approved health professional was the medical practitioner or approved health professional who took the sample from the member; and (c) the date and time that the sample of blood was taken; and (d) that a sufficient sample of blood was collected to enable the testing for the presence of alcohol or a drug of dependence; and r. 46 -- 30 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 28 Authorised by the Chief Parliamentary Counsel (e) (if known) the laboratory or drug testing service where the sample of blood will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service. Division 5—Taking urine samples 47 Procedure for collecting urine sample A person collecting a urine sample from a member for the purposes of Division 4A of Part IV of the Act must ensure that the sample is furnished in a container that is clean and dry and that has not previously been used. 48 Procedure after collecting urine samples (1) A person collecting a urine sample from a member must ensure that— (a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and (b) each container is fitted with a tamper-proof locking seal; and (c) each container has attached to it a label bearing— (i) the signature of the person who collected the urine sample; and (ii) the date and the time the sample was collected; and (iii) the name of the person who furnished the sample or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person who furnished it; and r. 47 -- 31 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 29 Authorised by the Chief Parliamentary Counsel (iv) (if possible) the identification number or code enabling the sample to be identified by the laboratory or drug testing service. (2) The person who collected the urine sample must ensure that the containers are transported to a laboratory or drug testing service for analysis for the presence of alcohol or drugs of dependence. (3) The laboratory or drug testing service must— (a) analyse the sample of urine in one of the containers for the presence of alcohol or a drug of dependence; and (b) store the other container for a period of not less than 12 months. (4) The member from whom the sample was collected may, within 12 months after the taking of the sample, apply to the laboratory or drug testing service for the sample in the stored container to be sent for analysis, at the member's own expense, to a registered medical practitioner, approved health professional or laboratory nominated by the member. 49 Certificate of taking of urine sample A person who collects a urine sample from a member must complete and give to the member a certificate stating— (a) the authorised person's full name; and (b) that the person was the person who collected the sample from the member; and (c) the date and time that the sample of urine was collected; and r. 49 -- 32 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 30 Authorised by the Chief Parliamentary Counsel (d) that a sufficient sample of urine was collected to enable the testing for the presence of alcohol or a drug of dependence; and (e) (if known) the laboratory or drug testing service where the sample of urine will be sent for testing and the identification number or code enabling the sample to be identified by that laboratory or drug testing service. Division 6—Analysis of urine or blood sample 50 Analysis of samples of urine or blood A laboratory or drug testing service that receives a sample of urine or blood for the purposes of Division 4A of Part IV of the Act must analyse the sample for the presence of alcohol or a drug of dependence and provide a report on the analysis of that sample to the Chief Commissioner. 51 Certificate of analysis of sample of urine or blood (1) As soon as practicable after a laboratory or drug testing service has analysed the sample of urine or blood of a member, the laboratory must give a certificate to the Chief Commissioner. (2) The certificate must state— (a) the full name of the member from whom the sample was taken; and (b) the date when the sample was received in the laboratory or drug testing service for analysis; and (c) that a container holding the member's sample of urine or blood— (i) was received at the laboratory or drug testing service; and r. 50 -- 33 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 31 Authorised by the Chief Parliamentary Counsel (ii) was sealed, labelled and marked in the manner specified in regulation 45 or 48; and (d) that the seal of the container was unbroken; and (e) the name of the laboratory or drug testing service where the sample was tested; and (f) the approved laboratory identification number of the sample; and (g) the date when the analysis was conducted; and (h) the results of the analysis of the sample; and (i) the signature and name of the person who conducted the analysis; and (j) any factors which may have affected the analysis results. (3) The Chief Commissioner must provide a copy of the certificate to the member from whom the sample was taken as soon as practicable. Division 7—Handling of information and confidentiality 52 Confidentiality of test results (1) All records that relate to or include— (a) a direction to a member under section 85B of the Act; or (b) any sample of urine or blood collected or taken for testing for the presence of alcohol or drugs under Division 4A of Part IV of the Act; or (c) the result of any testing of a sample of breath, urine or blood of a member under Division 4A of Part IV of the Act— must be kept in a secure location. r. 52 -- 34 of 43 -- Part 8—Testing for Alcohol or Drugs of Dependence Police Regulations 2013 S.R. No. 67/2013 32 Authorised by the Chief Parliamentary Counsel (2) A person must not disclose to any other person any information revealed by the testing of a sample of breath, urine or blood of a member under Division 4A of Part IV of the Act unless— (a) that information is already publicly known; or (b) disclosure of that information is necessary under Division 4A of Part IV of the Act; or (c) disclosure of that information is necessary for the investigation of any offence; or (d) the member consents; or (e) disclosure of that information is to members of police personnel solely for the purposes of— (i) research and development of the health of the police force as a workplace; or (ii) the management, supervision and support of the member in the workplace; or (iii) the investigation of alleged breaches of ethical standards and other misconduct in the police force; or (f) the disclosure of information is solely for the purposes of compiling reports and statistics and that information does not include information that may be used to identify the member who furnished the sample. __________________ r. 52 -- 35 of 43 -- Part 9—Exercise of Powers by Protective Services Officers at a Designated Place Police Regulations 2013 S.R. No. 67/2013 33 Authorised by the Chief Parliamentary Counsel PART 9—EXERCISE OF POWERS BY PROTECTIVE SERVICES OFFICERS AT A DESIGNATED PLACE 53 Definitions In this Part— rail premises has the same meaning as it has in the Transport (Conduct) Regulations 2005; railway premises has the same meaning as it has in the Rail Safety Act 2006. 54 Designated place For the purposes of section 118D of the Act, a place on or within any of the following places is a designated place— (a) railway premises; (b) rail premises on or adjoining railway premises including any car parking area on the rail premises; (c) any roadway or other thoroughfare giving access to the rail premises; (d) any area on or adjoining the rail premises used by other modes of transport including bus stops and taxi ranks; (e) any car park controlled by a Council (within the meaning of the Local Government Act 1989) that is adjoining or in the vicinity of rail premises; (f) any privately owned or managed land used for a car park or other public transport purposes adjoining or in the vicinity of rail premises. r. 53 -- 36 of 43 -- Part 9—Exercise of Powers by Protective Services Officers at a Designated Place Police Regulations 2013 S.R. No. 67/2013 34 Authorised by the Chief Parliamentary Counsel 55 Amendment consequent on Rail Safety National Law In regulation 53, for the definition of railway premises substitute— "railway premises means railway premises within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria).". __________________ r. 55 -- 37 of 43 -- Police Regulations 2013 S.R. No. 67/2013 35 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 33(b) TYPES OF SERVICE PRESCRIBED FOR PURPOSES OF LONG SERVICE LEAVE ENTITLEMENT 1 Types of Service Service with— (a) a Government Department of the Commonwealth or of a State or Territory; or (b) the Australian Defence Force; or (c) the public service of the Commonwealth or of a State or Territory; or (d) the teaching service of the Commonwealth or of a State or Territory; or (e) an authority of the Commonwealth or of a State or Territory; or (f) a local governing body that is established by or under a law of a State or Territory; or (g) a body set up by legislation primarily and exclusively to achieve a Government purpose and on which Government has substantial control or influence beyond the usual level of scrutiny of Government funded bodies. Sch. 1 -- 38 of 43 -- Police Regulations 2013 S.R. No. 67/2013 36 Authorised by the Chief Parliamentary Counsel 2 Definition In this Schedule— authority means an authority, whether or not incorporated, that is constituted by or under a law of the Commonwealth or a State or Territory for a public purpose. __________________ Sch. 1 -- 39 of 43 -- Police Regulations 2013 S.R. No. 67/2013 37 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 37 AGREEMENT BY MEMBER OF THE POLICE FORCE RELATING TO PERMISSION GIVEN TO THE MEMBER BY THE CHIEF COMMISSIONER TO UNDERTAKE TRAINING This Agreement is made on [insert date] between [insert name], (the member) and [insert name], (the surety) and the Honourable [insert name] in his or her capacity as Minister for [insert relevant portfolio] (the Minister). RECITALS: 1. The member is a member of Victoria Police. 2. The Chief Commissioner of Police (the Chief Commissioner) has authorised the member to take leave to undertake an external training course at [insert name of training organisation] (the training organisation). 3. The Minister's approval to undertake the training has been given to the member subject to the condition that the member and the surety enter into this Agreement with the Minister. 4. The member has requested the Minister— (a) to pay on behalf of the member the fees charged by the training organisation in respect of the member for the training; (b) to pay to the member all money paid by the member in respect of books and other materials purchased by the member for the training; (c) to continue to pay to the member while the member is undertaking the training the salary and allowances applicable to the rank of the member— each of which the Minister has agreed to do. Sch. 2 -- 40 of 43 -- Police Regulations 2013 S.R. No. 67/2013 38 Authorised by the Chief Parliamentary Counsel THE PARTIES AGREE as follows: 1. The member will diligently undertake and complete the training unless prevented by illness, accident or other cause outside the member's control. 2. Upon completion of the training, the member will remain in the Force for a period of [insert number of years] years (the period of service). 3. If the member fails to complete the training and the Minister is of the opinion that the cause of the failure was within the member's control, the member and the surety or one of them will on demand by the Minister pay into the Consolidated Fund of the State of Victoria— (a) the amount which the Chief Commissioner certifies to be equal to the salary and allowances paid to the member while undertaking the training; and (b) all fees which the Minister has paid to the training organisation on behalf of the member in respect of the training; and (c) all money which the Minister has paid to the member in respect of books and other materials purchased by the member for the training. 4. If the member fails to complete the period of service for any cause, other than death or physical or mental incapacity, the member and the surety or one of them will on demand by the Minister pay into the Consolidated Fund of the State of Victoria— (a) the amount which the Chief Commissioner certifies to be equal to the salary and allowances paid to the member while undertaking the training; and (b) all fees which the Minister has paid to the training organisation on behalf of the member in respect of the training; and (c) all money which the Minister has paid to the member in respect of books and other materials purchased by the member for the training— less a proportion of that amount equal to the proportion of the period of service completed by the member. Sch. 2 -- 41 of 43 -- Police Regulations 2013 S.R. No. 67/2013 39 Authorised by the Chief Parliamentary Counsel 5. For the purposes of determining the period of service under clause 2, unless the Minister otherwise determines, any leave of absence granted to the member after the commencement of the period of service (other than recreation leave or personal leave to which the member may be entitled as a member of the Force) is not to be taken as part of the period of service. 6. The liability of the member and the surety will not be discharged by reason of— (a) any time or other indulgence which the Minister may grant to the member by which the time or mode of payment by the member of the whole or any portion of any amount payable to the Consolidated Fund of the State of Victoria under this Agreement or the time or mode of performance by the member of any of the other provisions of this Agreement may be extended or altered; or (b) the dismissal or acceptance of the resignation of the member from the Force. Signed by the member in the presence of— Signed by the surety in the presence of— Signed by The Minister in the presence of— __________________ Sch. 2 -- 42 of 43 -- Police Regulations 2013 S.R. No. 67/2013 40 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Regulation 4 REVOCATIONS S.R. No. Title 6/2003 Police Regulations 2003 72/2005 Police (Amendment) Regulations 2005 156/2005 Police (Special Constables Revocation) Regulations 2005 25/2008 Police (Testing for Alcohol or Drugs of Dependence) Amendment Regulations 2008 13/2009 Police Amendment (Protective Services Officers) Regulations 2009 130/2011 Police Amendment (Powers of Protective Services Officers) Regulations 2011 ═══════════════ Sch. 3 -- 43 of 43 --