Police Regulations 2003

i Police Regulations 2003 S.R. No. 6/2003 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definition 2 PART 2—APPOINTMENTS TO SERVICE 3 Division 1—Members of the Force 3 5. Appointments 3 6. Appointment to specialist areas 3 7. False statements 3 8. Seniority 4 Division 2—Protective Services Officers 4 9. Appointments 4 10. False statements 5 11. Probation 5 12. Rank structure 5 13. Advertising vacancies 5 14. Obedience to orders 6 Division 3—Special Constables 6 15. Special appointments to the force 6 16. Secondment of members to other police forces 7 PART 3—PROFESSIONAL STANDARDS 8 Division 1—Inquiries Conducted by the Chief Commissioner or Authorised Officer in Relation to Breaches of Discipline 8 17. Inquiries conducted by Chief Commissioner or authorised officer 8 18. Amending charges 8 19. Payment of penalties 8 -- 1 of 30 -- Regulation Page ii Division 2—Inquiries into Fitness for Duty by the Chief Commissioner or Authorised Officer 9 20. Notice of Inquiry 9 PART 4—TRANSFERS AND PROMOTIONS 10 21. Filling positions 10 22. Application for reversion in rank 10 23. Advertising positions 10 24. Notification of promotion or transfer 11 25. Temporary promotion 11 26. Lapse of applications 12 PART 5—PROCEDURES FOR HEARINGS BEFORE THE POLICE APPEALS BOARD 13 Division 1—General 13 27. Expenses 13 Division 2—Appeals against Promotion or Transfer under sections 8AA and 118B of the Act 13 28. Requirements for an appeal 13 29. Action to be taken after lodgement of an appeal 14 30. Pre-hearing procedures 14 31. Appearances in an appeal 15 32. Evidence before the Appeals Board 16 33. Decision of the Appeals Board 16 Division 3—Reviews by the Appeals Board under Division 1 of Part IV or section 91F of the Act 16 34. Requirements for a review 16 35. Action to be taken after lodgement of an application for review 16 36. Pre-hearing procedures 17 37. Chief Commissioner entitled to representation in reviews 17 38. Notice of intention to adduce certain evidence before the Appeals Board 18 39. Compelling certain witnesses to appear before the Appeals Board 18 40. Decision of Appeals Board 18 PART 6—LONG SERVICE LEAVE 19 41. Interpretation 19 42. Nature of service 19 43. Computation of period of service 19 44. Computation of pay 21 -- 2 of 30 -- Regulation Page iii PART 7—CONDITIONS OF APPROVED TRAINING 23 45. Conditions of approved training 23 __________________ SCHEDULES 24 SCHEDULE 1—Types of Service Prescribed for Purposes of Long Service Leave Entitlement 24 SCHEDULE 2—Agreement by Member of the Police Force Relating to Permission Given to the Member by the Chief Commissioner to Undertake Training 25 ═══════════════ -- 3 of 30 -- 1 STATUTORY RULES 2003 S.R. No. 6/2003 Police Regulation Act 1958 Police Regulations 2003 The Governor in Council makes the following Regulations: Dated: 22 January 2003 Responsible Minister: ANDRE HAERMEYER Minister for Police and Emergency Services HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to provide for the employment of members of the police force, protective services officers and police reservists and to provide for the operation of the Police Appeals Board. 2. Authorising provisions These Regulations are made under sections 118, 118K, 120 and 130 of the Police Regulation Act 1958. 3. Commencement These Regulations come into operation on 1 February 2003. -- 4 of 30 -- Part 1—Preliminary Police Regulations 2003 S.R. No. 6/2003 2 4. Definition In these Regulations— "the Act" means the Police Regulation Act 1958. __________________ r. 4 -- 5 of 30 -- Part 2—Appointments to Service Police Regulations 2003 S.R. No. 6/2003 3 PART 2—APPOINTMENTS TO SERVICE Division 1—Members of the Force 5. Appointments 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. 6. Appointment to specialist areas The Chief Commissioner may appoint any person who has special qualifications for service with the Police Air Wing or Police Bands to those areas despite regulation 5(b) and (d). 7. False statements If a person has given false or misleading information during the selection procedure for appointment to the force, the Chief Commissioner may refuse to consider the person's application to be a member of the force. r. 5 -- 6 of 30 -- Part 2—Appointments to Service Police Regulations 2003 S.R. No. 6/2003 4 8. 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 9. Appointments 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 (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. r. 8 -- 7 of 30 -- Part 2—Appointments to Service Police Regulations 2003 S.R. No. 6/2003 5 10. 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. 11. Probation Every appointment as a protective services officer is subject to 1 year's probation. 12. Rank structure The rank structure for protective services officers in descending order is— (a) senior protective services officer; (b) protective services officer grade 1; (c) protective services officer. 13. Advertising vacancies (1) If the Chief Commissioner decides to fill a vacancy at or above the level of protective services officer grade 1, the Chief Commissioner— (a) must advertise the vacancy in the Police Gazette; and (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. r. 10 -- 8 of 30 -- Part 2—Appointments to Service Police Regulations 2003 S.R. No. 6/2003 6 (3) The Chief Commissioner may require a protective services officer under consideration for promotion to undergo a medical examination to determine efficiency in relation to mental capacity and physical fitness for the discharge of the duties of the position. (4) 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. 14. 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—Special Constables 15. Special appointments to the force (1) The Chief Commissioner may appoint a person as a member of the force if the person is a member of— (a) the Australian Federal Police; or (b) the police force of another State or Territory; or (c) the police force of any other country. (2) The Chief Commissioner may terminate an appointment under sub-regulation (1) at any time. (3) A member of the force appointed under sub- regulation (1) must be sworn in as a member of the Victoria Police Force. r. 14 -- 9 of 30 -- Part 2—Appointments to Service Police Regulations 2003 S.R. No. 6/2003 7 (4) A member of the force appointed under sub- regulation (1) is— (a) subject to the Act and these Regulations only in regard to discipline; and (b) not entitled to receive any remuneration or allowance from the force unless the member is acting as an agent of the police force in which the member is permanently employed. 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 of that police force and, as far as possible, to the Act, these Regulations and orders or directions of superiors in the Victoria Police Force. __________________ r. 16 -- 10 of 30 -- Part 3—Professional Standards Police Regulations 2003 S.R. No. 6/2003 8 PART 3—PROFESSIONAL STANDARDS Division 1—Inquiries Conducted by the Chief Commissioner or Authorised Officer in Relation to Breaches of Discipline 17. Inquiries conducted by Chief Commissioner or authorised officer (1) If a member of the force is charged with an offence 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 30 -- Part 3—Professional Standards Police Regulations 2003 S.R. No. 6/2003 9 Division 2—Inquiries into Fitness for Duty by the Chief Commissioner or Authorised Officer 20. Notice of Inquiry A notice under section 83(1) of the Act must be given to the member at least 7 days before the inquiry. __________________ r. 20 -- 12 of 30 -- Part 4—Transfers and Promotions Police Regulations 2003 S.R. No. 6/2003 10 PART 4—TRANSFERS AND PROMOTIONS 21. Filling positions (1) A member of the force is liable to immediate transfer to any part of the State. (2) If a position is (or is expected to become) vacant, the Chief Commissioner may— (a) fill the position by way of transfer of a member; or (b) advertise the position and promote or transfer an applicant to the position; or (c) 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. (3) 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. 22. Application for reversion in rank The Chief Commissioner may, upon the written application of a member of the force, approve a reversion in rank of that member. 23. 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 of a member; or r. 21 -- 13 of 30 -- Part 4—Transfers and Promotions Police Regulations 2003 S.R. No. 6/2003 11 (b) the Chief Commissioner intends to fill the vacancy on a temporary basis in accordance with regulation 25; 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. 24. Notification of promotion or transfer The Chief Commissioner must cause the name of a member selected for promotion or transfer to a position to be published in the Police Gazette. 25. 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. r. 24 -- 14 of 30 -- Part 4—Transfers and Promotions Police Regulations 2003 S.R. No. 6/2003 12 (2) At the conclusion of the fixed term referred to in sub-regulation (1), the member who is temporarily promoted will revert to the member's substantive rank. (3) Despite sub-regulation (2), the Chief Commissioner may, in accordance with the provisions of sub-regulation (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. 26. 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. 26 -- 15 of 30 -- Part 5—Procedures for Hearings Before the Police Appeals Board Police Regulations 2003 S.R. No. 6/2003 13 PART 5—PROCEDURES FOR HEARINGS BEFORE THE POLICE APPEALS BOARD Division 1—General 27. Expenses The expenses payable to witnesses appearing before the Appeals Board are the same as the allowances payable to Crown witnesses under the Evidence (Crown Witnesses Allowances) Regulations 1992. Division 2—Appeals against Promotion or Transfer under sections 8AA and 118B of the Act 28. Requirements for an appeal (1) An appeal under section 8AA or 118B of the Act must— (a) be in writing; and (b) state the grounds of appeal. (2) Unless the Appeals 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 for the position; or (b) did not apply to be promoted or transferred to the position; or (c) is a person whose application for a transfer or promotion to the position has lapsed under regulation 26. r. 27 -- 16 of 30 -- Part 5—Procedures for Hearings Before the Police Appeals Board Police Regulations 2003 S.R. No. 6/2003 14 29. Action to be taken after lodgement of an appeal (1) An appellant under section 8AA or 118B of the Act must send a copy of his or her appeal to the Chief Commissioner and to the person who was promoted or transferred within the period within which the appeal must be lodged. (2) The Appeals 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 Appeals Board must advise the appellant, the person who was promoted or transferred and the Chief Commissioner of the time and location of the hearing of the appeal. 30. Pre-hearing procedures (1) If the Chief Commissioner has received advice under regulation 29(3) of the hearing of an appeal, the Chief Commissioner must cause to be lodged with the Appeals Board not less than 72 hours before the time fixed for the hearing of the appeal— (a) a copy of any relevant personnel selection documentation; and (b) a written statement of the grounds on which the selection for promotion or transfer was made. (2) The person who was promoted or transferred and the appellant must each cause to be lodged with the Appeals Board not less than 72 hours before the time fixed for the hearing of the appeal a written statement as to why the person or the appellant believes he or she should be promoted or transferred to the relevant position. r. 29 -- 17 of 30 -- Part 5—Procedures for Hearings Before the Police Appeals Board Police Regulations 2003 S.R. No. 6/2003 15 (3) The Appeals Board must— (a) cause a copy of the personnel selection documentation, a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of the appellant's statement lodged under sub-regulation (2) to be made available to the person who was promoted or transferred for a reasonable period, being not less than 48 hours, before the hearing of the appeal; and (b) cause a copy of the personnel selection documentation, a copy of the statement of the grounds on which the selection for promotion or transfer was made and a copy of a statement of the person who was promoted or transferred lodged under sub- regulation (2) to be made available to each appellant for a reasonable period, being not less than 48 hours, before the hearing of the appeal. 31. Appearances in an appeal At the hearing of an appeal before the Appeals Board— (a) the Chief Commissioner may be represented by any person, other than a legal practitioner; and (b) the person who was promoted or transferred may appear personally before the Appeals Board; and (c) the person who was promoted or transferred is not entitled to be represented by any person before the Appeals Board. r. 31 -- 18 of 30 -- Part 5—Procedures for Hearings Before the Police Appeals Board Police Regulations 2003 S.R. No. 6/2003 16 32. Evidence before the Appeals Board (1) Subject to sub-regulation (2), the Appeals Board may only consider as evidence matters stated in a document referred to in regulation 28(1) or 30(3). (2) The Appeals Board may consider as evidence matters not referred to in sub-regulation (1) if the Appeals Board is satisfied that the matters could not have been placed before the Chief Commissioner before the time the relevant selection for promotion or transfer was made. (3) A person who wishes to present as evidence a matter referred to in sub-regulation (2) must make details of that matter available to the Appeals Board not less than 72 hours before the hearing. 33. Decision of the Appeals Board The Appeals Board must give a copy of its decision to the Chief Commissioner, the appellant and the person promoted or transferred within 14 days after the decision is made. Division 3—Reviews by the Appeals Board under Division 1 of Part IV or section 91F of the Act 34. Requirements for a review An application for a review under Division 1 of Part IV or section 91F of the Act must— (a) be in writing; and (b) state the grounds for the application for a review. 35. Action to be taken after lodgement of an application for review (1) As soon as practicable after an application for review has been lodged, the Appeals Board must advise the Chief Commissioner of the application and the name of the applicant. r. 32 -- 19 of 30 -- Part 5—Procedures for Hearings Before the Police Appeals Board Police Regulations 2003 S.R. No. 6/2003 17 (2) The Appeals Board must advise the applicant and the Chief Commissioner of the time and location of the hearing of the review. (3) The Appeals Board must give the applicant and the Chief Commissioner at least 7 days notice of the hearing. 36. Pre-hearing procedures (1) As soon as practicable after receiving a notice from the Appeals Board, the Chief Commissioner must cause to be lodged with the Appeals Board within the time specified in the notice— (a) a written statement setting out the details of the decision that is the subject of the review, including the reasons for the decision; and (b) any files, records, documents or information specified in the notice. (2) As soon as practicable after receiving a notice from the Appeals Board, the applicant must cause to be lodged with the Appeals Board within the time specified in the notice— (a) a written statement setting out the grounds for the application; and (b) any files, records, documents or information specified in the notice. 37. Chief Commissioner entitled to representation in reviews At the hearing of a review under Division 1 of Part IV or section 91F of the Act, the Chief Commissioner may be represented by any person other than a legal practitioner. r. 36 -- 20 of 30 -- Part 5—Procedures for Hearings Before the Police Appeals Board Police Regulations 2003 S.R. No. 6/2003 18 38. Notice of intention to adduce certain evidence before the Appeals Board A notice of intention under section 68E(3)(a) of the Act must— (a) be in writing; and (b) state the reasons why the Appeals Board should give leave. 39. Compelling certain witnesses to appear before the Appeals Board An application under section 68F(1) of the Act to the Appeals Board for leave must— (a) be in writing; and (b) state the name of the witness to be summoned to attend to give evidence or to produce documents; and (c) if the witness is to be summoned to attend to produce documents, describe the documents to be produced; and (d) state the extraordinary grounds that the applicant believes exist that warrant leave being given. 40. Decision of Appeals Board The Appeals 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. __________________ r. 38 -- 21 of 30 -- Part 6—Long Service Leave Police Regulations 2003 S.R. No. 6/2003 19 PART 6—LONG SERVICE LEAVE 41. Interpretation A reference to a member in this Part includes a reference to a protective services officer and a police reservist. 42. Nature of service (1) 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. (2) 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. (3) 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 legally appointed representative. 43. 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 r. 41 -- 22 of 30 -- Part 6—Long Service Leave Police Regulations 2003 S.R. No. 6/2003 20 Services Superannuation Act 1986 or section 83A of the State Superannuation Act 1988 (as in force from time to time) was paid; and (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) sick 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 42(1)(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) Sub-regulation (2)(a) does not apply to an absence from duty— (a) to which sub-regulation (1)(b) or (c) applies; or (b) which resulted from retirement because of ill-health; or r. 43 -- 23 of 30 -- Part 6—Long Service Leave Police Regulations 2003 S.R. No. 6/2003 21 (c) which resulted from retrenchment and which was for a period of less than 5 years; or (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. 44. 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. 44 -- 24 of 30 -- Part 6—Long Service Leave Police Regulations 2003 S.R. No. 6/2003 22 Step 4— Multiply this amount by the member's annual pay at the time that the application for long service leave is made. __________________ r. 44 -- 25 of 30 -- Part 7—Conditions of Approved Training Police Regulations 2003 S.R. No. 6/2003 23 PART 7—CONDITIONS OF APPROVED TRAINING 45. Conditions of approved training Any member of the force authorised by the Chief Commissioner to take leave to undertake any external training course may, as a condition of attending the training course, be required to enter into a bonding agreement in accordance with Schedule 2. __________________ r. 45 -- 26 of 30 -- Police Regulations 2003 S.R. No. 6/2003 24 SCHEDULES SCHEDULE 1 Reg. 42(1)(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; (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. 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 -- 27 of 30 -- Police Regulations 2003 S.R. No. 6/2003 25 SCHEDULE 2 Reg. 45 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 the Police Force of Victoria (the Force). 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 said 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 -- 28 of 30 -- Police Regulations 2003 S.R. No. 6/2003 26 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 -- 29 of 30 -- Police Regulations 2003 S.R. No. 6/2003 27 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 sick 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 -- 30 of 30 --