Police (Personnel) Regulations 1996

i Police (Personnel) Regulations 1996 S.R. No. 88/1996 TABLE OF PROVISIONS Clause Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Principal Regulations 2 5. New Part 5 inserted 2 PART 5—TRANSFERS AND PROMOTIONS 2 501. Filling positions 2 502. Qualifications and eligibility 2 503. Application for reversion in rank 3 504. Advertising positions 3 505. Notification of promotion or transfer 4 506. Temporary promotion 4 507. Lapse of applications 4 6. Amendment of regulation 602 5 7. Miscellaneous amendments 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1996 S.R. No. 88/1996 Police Regulation Act 1958 Police (Personnel) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 27 August 1996 Responsible Minister: BILL McGRATH Minister for Police and Emergency Services N. C. WHITE Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Police Regulations 1992 to— (a) reform the provisions dealing with advertising, appointment, transfer and promotion of members to positions in the Police Force; and (b) to make a number of miscellaneous amendments to correct errors and update references. 2. Authorising provision These Regulations are made under sections 118, 118K, and 130 of the Police Regulation Act 1958. -- 2 of 8 -- S.R. No. 88/1996 Police (Personnel) Regulations 1996 2 3. Commencement These Regulations come into operation on 2 September 1996. 4. Principal Regulations In these Regulations the Police Regulations 1992 1 are called the Principal Regulations. 5. New Part 5 inserted For Part 5 of the Principal Regulations substitute— "PART 5—TRANSFERS AND PROMOTIONS 501. Filling positions (1) Members of the force are liable to immediate transfer to any part of the State of Victoria. (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 or transfer a member to the position without advertising the position. 502. Qualifications and eligibility (1) The Chief Commissioner may determine the qualifications and other eligibility criteria required for any position or rank within the force. (2) A member of the force may, if qualified and otherwise able to satisfy the eligibility r. 3 -- 3 of 8 -- S.R. No. 88/1996 Police (Personnel) Regulations 1996 3 criteria, apply for promotion or transfer to an advertised position. 503. Application for reversion in rank The Chief Commissioner may, upon the written application of a member, approve a reversion in rank of that member. 504. Advertising positions The advertisement of a position must— (a) be notified, so as to be generally accessible to members, in a manner approved by the Chief Commissioner; and (b) identify the position and— (i) summarise the duties, qualifications 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 (c) state any requirement for the incumbent of the position to occupy Government premises; and (d) state any residency requirements and requirements for on call and availability for duty rostering relating to the position; and (e) include the closing date for receipt of applications. r. 5 -- 4 of 8 -- S.R. No. 88/1996 Police (Personnel) Regulations 1996 4 505. Notification of promotion or transfer The name of a member promoted or transferred to a position must be notified, so as to be generally accessible to members, in a manner approved by the Chief Commissioner. 506. 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 a member temporarily promoted will revert to the substantive rank which the member holds. (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) as in force 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 substantive rank which that member holds. 507. Lapse of applications (1) If a member's selection for a position on transfer is approved by the Chief Commissioner and the member accepts the position all other applications for transfer by the member lapse. r. 5 -- 5 of 8 -- S.R. No. 88/1996 Police (Personnel) Regulations 1996 5 (2) If a member's selection for a position on promotion is approved by the Chief Commissioner and the member accepts the position all other applications for promotion by the member lapse. (3) If a member does not notify the Chief Commissioner of the member's acceptance of a position within 7 days after receiving the notice of selection— (a) the notice of selection is withdrawn; and (b) the member's application lapses.". 6. Amendment of regulation 602 (1) In regulation 602(1)(b) of the Principal Regulations for "published in the Police Gazette" substitute "notified in accordance with regulation 505". (2) After regulation 602(2)(b) of the Principal Regulations insert— "or (c) is a person whose application for a transfer or promotion to that position has lapsed under regulation 507.". 7. Miscellaneous amendments The Principal Regulations are amended as follows— (a) in regulation 205(a) for "between the ages of eighteen years six months and forty-four years" substitute "between the ages of 18 years and 6 months and 44 years"; and (b) in regulation 213(c) for "with the Act" substitute "to the Act"; and (c) regulation 215 is repealed; and r. 6 -- 6 of 8 -- S.R. No. 88/1996 Police (Personnel) Regulations 1996 6 (d) in regulation 606(b) for "is entitled" substitute "are entitled"; and (e) in regulation 606(d) for "the Force"; substitute "the force"; and (f) for regulation 706(1)(b) substitute— "(b) any period of service of a type described from time to time in the Schedule of the Public Sector Management Regulations 1993; and" (g) at the end of regulation 707(1)(c)(ii) for "and" substitute "or"; and (h) at the end of regulation 707(1)(c)(iii) for "and" substitute "or"; and (i) in Schedule Five in the heading to the agreement for "PERMISSION GIVEN TO HIM" substitute "PERMISSION GIVEN TO THE MEMBER". ═══════════════ r. 7 -- 7 of 8 -- S.R. No. 88/1996 Police (Personnel) Regulations 1996 7 NOTES 1 S.R. No. 118/1992. Reprinted to S.R. No. 165/1993. Notes -- 8 of 8 --