Justice Legislation Amendment (Police Custody Officers) Act 2015
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Justice Legislation Amendment (Police Custody
Officers) Act 2015
No. 59 of 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Victoria Police Act 2013 3
3 Definitions 3
4 Definitions—drug and alcohol testing 3
5 New section 89A inserted 3
6 Persons subject to random testing 4
7 New Part 11A inserted 4
Part 3—Corrections Act 1986 14
8 Definitions 14
9 Legal custody of the Chief Commissioner of Police 14
10 Police gaols 14
11 Powers of police officers and police custody officers 15
12 Heading to Part 9A substituted 16
13 Insertion of Division 1 heading in Part 9A 16
14 Definitions—Management of police gaols and transfer,
transport and supervision powers 16
15 New section 104AB inserted 16
16 New Division 2 inserted in Part 9A 17
17 Insertion of Division 3 heading in Part 9A 21
18 Formal searches in police gaols 21
19 Search powers 22
20 Seizure 22
21 New Divisions 4 and 5 of Part 9A inserted 23
22 Regulations 29
23 Consequential amendments—drug of dependence 29
Part 4—Court Security Act 1980 31
24 Definitions 31
Part 5—Crimes Act 1958 32
25 Definitions 32
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26 Fingerscanning for identification purposes 32
27 Procedure for taking samples etc. 32
Part 6—Road Safety Act 1986 34
28 Definitions 34
29 Oral fluid testing and analysis 34
Part 7—Repeal of amending Act 36
30 Repeal of amending Act 36
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Endnotes 37
1 General information 37
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Justice Legislation Amendment (Police
Custody Officers) Act 2015 †
No. 59 of 2015
[Assented to 18 November 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are to amend—
(a) the Victoria Police Act 2013 to provide for
the authorisation and powers of police
custody officers; and
Victoria
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(b) the Corrections Act 1986—
(i) to provide for the authorisation and
powers of police custody officers under
that Act; and
(ii) in relation to certain powers of police
officers under that Act; and
(iii) to otherwise improve the operation of
that Act; and
(c) the Court Security Act 1980 to provide for
the authorisation of police custody officers
under that Act; and
(d) the Crimes Act 1958 in relation to the
powers of police custody officers to carry out
certain procedures; and
(e) the Road Safety Act 1986 to provide for the
authorisation of police custody officers to
take samples of oral fluid.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Part 2—Victoria Police Act 2013
3 Definitions
In section 3(1) of the Victoria Police Act 2013
insert the following definitions—
"drug of dependence has the same meaning as in
the Drugs, Poisons and Controlled
Substances Act 1981;
police custody officer means a Victoria Police
employee authorised to act as a police
custody officer under section 200D;".
4 Definitions—drug and alcohol testing
In section 82 of the Victoria Police Act 2013, the
definition of drug of dependence is repealed.
5 New section 89A inserted
After section 89 of the Victoria Police Act 2013
insert—
"89A Targeted testing—police custody officers
(1) This section applies to police custody
officers who are rostered on.
(2) The Chief Commissioner may give a testing
direction to a person specified in
subsection (1) if—
(a) the Chief Commissioner reasonably
suspects that the person has consumed
alcohol or a drug of dependence; and
(b) because of that suspicion, the Chief
Commissioner reasonably believes that
the person ought to be tested for the
good order and discipline of Victoria
Police.
(3) The Chief Commissioner may give a testing
direction to a person specified in
subsection (1) if the Chief Commissioner
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reasonably believes that the person appears
to be unfit for work because the person has
consumed alcohol or a drug of dependence.".
6 Persons subject to random testing
At the end of section 94 of the Victoria Police
Act 2013 insert—
"(2) Despite subsection (1), this Division applies
to police custody officers.".
7 New Part 11A inserted
After Part 11 of the Victoria Police Act 2013
insert—
"Part 11A—Police custody officers
Division 1—Preliminary
200A Definitions
In this Part—
police gaol has the same meaning as in the
Corrections Act 1986;
supervise, in relation to a person, includes to
take charge of and to hold the person;
transport includes escort, bring, transfer,
convey, take and deliver.
Division 2—Duties, authorisation etc.
200B Duties of police custody officers
Police custody officers have the following
duties—
(a) to assist with the management and
operation of police gaols and police
stations in accordance with this Act and
the Corrections Act 1986;
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(b) to supervise and transport persons in
accordance with this Act and the
Corrections Act 1986;
(c) any other duties determined by the
Chief Commissioner from time to time.
200C Police custody officers have powers in
declared police gaols
On the recommendation of the Minister, the
Governor in Council, by Order published in
the Government Gazette, may declare the
police gaols at which, or in relation to which,
police custody officers may exercise their
powers under Divisions 2 and 3 of Part 9A
of the Corrections Act 1986.
200D Authorisation of police custody officers
(1) The Chief Commissioner, by instrument,
may authorise a Victoria Police employee to
act as a police custody officer.
(2) An authorisation may be given subject to any
conditions or limitations that are stated in it.
200E Scope of authorisation may be limited
(1) Without limiting section 200D(2), the Chief
Commissioner may at any time limit the
scope of an authorisation given to a Victoria
Police employee under section 200D by—
(a) specifying that the Victoria Police
employee may only exercise specified
powers under the authorisation; or
(b) specifying that the Victoria Police
employee may not exercise specified
powers under the authorisation.
(2) If the Chief Commissioner limits the
scope of a Victoria Police employee's
authorisation, the Chief Commissioner must
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give the Victoria Police employee written
notice of the limitations that apply to the
authorisation.
(3) A limitation on a Victoria Police employee's
authorisation under this section takes effect
when the Victoria Police employee receives
the notice of the limitation required by
subsection (2).
200F Variation, suspension and revocation of
authorisation
The Chief Commissioner, by instrument,
may vary, suspend or revoke an authorisation
under section 200D at any time.
Division 3—Powers of police custody
officers in relation to arrested persons
200G Police custody officers to supervise
arrested persons at Chief Commissioner's
direction
(1) The Chief Commissioner may direct a police
custody officer to supervise a person at a
police station if the person is under lawful
arrest.
(2) The Chief Commissioner may direct a police
custody officer to supervise a person at a
hospital or other facility at which medical
assessments, care or treatment are provided,
if the person is under lawful arrest.
(3) A police custody officer must comply with a
direction of the Chief Commissioner.
(4) A person who is being supervised by a police
custody officer under this section is taken to
be in the legal custody of the Chief
Commissioner while being supervised.
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200H Police custody officers to transport and
supervise arrested persons at Chief
Commissioner's direction
(1) The Chief Commissioner may direct a police
custody officer to do any of the following—
(a) transport a person who is under lawful
arrest and who is in a police station to
any place (including to a hospital,
court, police gaol or another police
station);
(b) transport a person who is under lawful
arrest from any place (including from a
hospital, court, police gaol or another
police station) to a police station;
(c) supervise a person who is being
transported under paragraph (a) or (b);
(d) supervise a person at a place to which
the person has been transported, or
from which the person will be
transported, under paragraph (a) or (b).
(2) If the Chief Commissioner has directed a
police custody officer to transport or
supervise a person under subsection (1), a
police custody officer may transport that
person to, and supervise that person at, a
hospital or other facility at which medical
assessments, care or treatment are provided,
if it is necessary to do so.
(3) A police custody officer must comply with a
direction of the Chief Commissioner.
(4) A person who is being transported or
supervised by a police custody officer under
this section is taken to be in the legal custody
of the Chief Commissioner while being
transported or supervised.
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200I Functions and powers of police custody
officers in relation to persons they
supervise or transport
(1) A police custody officer has the following
functions in relation to a person the police
custody officer is supervising or transporting
under this Division—
(a) to take all reasonable steps to prevent
the escape or attempted escape of the
person from the physical custody of the
police custody officer;
(b) to take all reasonable steps to ensure
that the person's safety and welfare are
maintained;
(c) to take all reasonable steps to prevent
and detect the commission by the
person of any unlawful act or any
attempt to commit an unlawful act;
(d) to take all reasonable steps to ensure
the good order and discipline of the
person;
(e) to take all reasonable steps to ensure
the security of any property that is in
the person's possession;
(f) to take all reasonable steps to ensure
that the person is transported to or from
the appropriate place as directed by the
Chief Commissioner under this
Division;
(g) to take all reasonable steps to ensure
that the person is supervised as directed
by the Chief Commissioner under this
Division.
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(2) A police custody officer has the following
powers in relation to a person the police
custody officer is supervising or transporting
under this Division—
(a) to order the person to do or not to do
anything that the police custody officer
believes on reasonable grounds is
necessary for the safety of the police
custody officer, the person or any other
person;
(b) to search and examine the person or
any thing in the person's possession or
under the person's control if the police
custody officer believes on reasonable
grounds that this is necessary for the
safety of the police custody officer, the
person or any other person;
(c) to seize any thing found on the person
or in the person's possession or under
the person's control if the police
custody officer believes on reasonable
grounds that this is necessary for the
safety of the police custody officer, the
person or any other person;
(d) to apply an instrument of restraint to
the person for the duration of the
supervision or transport of the person if
the Chief Commissioner believes on
reasonable grounds that the application
of the instrument of restraint is
necessary to prevent the escape of the
person or the assault of, or injury to,
any person;
(e) to apply an instrument of restraint to
the person during the supervision or
transport of a person if the conduct of
the person during that supervision or
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transport has been such that it is
reasonable to believe that the
application of the instrument of
restraint is necessary to prevent the
escape of the person or the assault of,
or injury to, any person;
(f) to continue the application of an
instrument of restraint to the person for
the duration of the supervision or
transport of the person if a police
officer applied an instrument of
restraint to the person and the police
officer believes on reasonable grounds
that the application of an instrument of
restraint is necessary to prevent the
escape of the person or the assault of,
or injury to, any person.
(3) A police custody officer who seizes any
thing under subsection (2) must as soon as
practicable inform a police officer.
(4) A police officer who is informed under
subsection (3) must deal with any thing,
other than a drug of dependence, that is
seized under this section in accordance with
the Chief Commissioner's instructions.
200J Use of reasonable force
(1) A police custody officer may, where
necessary, use reasonable force to compel a
person the police custody officer is
supervising or transporting under this
Division to obey an order given by the police
custody officer in the exercise of a function
or power the police custody officer has under
this Division.
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(2) A police custody officer who uses force in
accordance with this section is not liable for
injury or damage caused by that use of force.
200K Supervision or transport authorised under
other enactments and instruments
(1) If a police custody officer is directed by the
Chief Commissioner to supervise or
transport a person under this Division, any
provision of an Act or regulation, or of a
warrant or order of a court, or of any order or
instrument under an Act which requires or
authorises (either expressly or by necessary
implication) a police officer (by name or
otherwise) to supervise or transport that
person, must be taken to also authorise the
police custody officer to supervise or
transport that person in place of a police
officer in accordance with that authorisation.
(2) Nothing in subsection (1) prevents a police
officer from exercising any function referred
to in that subsection or any other function
under the provision, warrant, order or
instrument.
Division 4—Supervision at direction
of court
200L Supervision of persons at court by police
custody officers
(1) A police custody officer must, if directed by
a court, supervise—
(a) a person who has been ordered by the
court to be detained in custody on the
court premises; or
(b) a person who has surrendered to the
custody of the court in answer to the
person's bail.
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(2) A police custody officer must comply with
any lawful direction of the court when
supervising—
(a) a person referred to in subsection (1);
or
(b) a person who is attending court and
who the Chief Commissioner has
directed a police custody officer to
supervise or transport under this Act or
the Corrections Act 1986.
200M Functions and powers of police custody
officers in relation to persons at court
(1) A police custody officer who is directed
by a court to supervise a person under
section 200L(1) has the functions set out
in section 200I(1)(a) to (e) and (g) and
may exercise the powers set out in
section 200I(2)(a) to (e) and 200J.
(2) For the purposes of subsection (1)—
(a) section 200I applies as if—
(i) any reference to a person the
police custody officer is
supervising or transporting under
Division 3 were a reference to the
person being supervised under
section 200L(1); and
(ii) any reference to the Chief
Commissioner or the Chief
Commissioner under Division 3
were a reference to the court under
section 200L(1); and
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(b) section 200J applies as if—
(i) the reference to the person the
policy custody officer is
supervising or transporting under
Division 3 were a reference to the
person being supervised under
section 200L(1); and
(ii) the reference to a function or
power the police custody officer
has under Division 3 were a
reference to a function or power
the police custody officer has
under subsection (1).
(3) The court may direct the police custody
officer to exercise one or more of the powers
set out in sections 200I(2)(a) to (e) and 200J.
(4) For the purposes of subsection (3), if the
police custody officer is directed by the court
to exercise a power under section 200I(2)(a)
to (e), that section applies as if it did not
require the police custody officer to form a
belief on reasonable grounds before
exercising the power.".
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Part 3—Corrections Act 1986
8 Definitions
In section 3(1) of the Corrections Act 1986
insert the following definitions—
"drug of dependence has the same meaning as in
the Drugs, Poisons and Controlled
Substances Act 1981;
police custody officer has the same meaning as in
the Victoria Police Act 2013;".
9 Legal custody of the Chief Commissioner of Police
(1) After section 6D(1A) of the Corrections
Act 1986 insert—
"(1B) Without limiting paragraph (a) of
subsection (1), a reference to lawful
authority in that paragraph includes—
(a) a power of arrest (with or without
warrant) under any Act; and
(b) a power of apprehension under any Act
or at common law.".
(2) After section 6E(2) of the Corrections Act 1986
insert—
"(3) Without limiting paragraph (b) of
subsection (1), a reference to lawful direction
or authority in that paragraph includes—
(a) a power of arrest (with or without
warrant) under any Act; and
(b) a power of apprehension under any Act
or at common law.".
10 Police gaols
(1) In section 11(7A) of the Corrections Act 1986,
after "police officer" insert "or police custody
officer".
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(2) After section 11(7A) of the Corrections Act 1986
insert—
"(8) A fingerprint referred to in subsection (7A)
may be taken—
(a) in a police gaol; or
(b) in the vicinity of a police gaol and
within a police station.".
11 Powers of police officers and police custody officers
(1) In the heading to section 55I of the Corrections
Act 1986, after "police officers" insert
"and police custody officers".
(2) In section 55I(1) of the Corrections Act 1986,
after "police officer" insert "or police custody
officer".
(3) In section 55I(2) of the Corrections Act 1986,
after "police officer" insert "or police custody
officer".
(4) In section 55I(3) of the Corrections Act 1986,
after "police officers" insert "or police custody
officers, or both police officers and police custody
officers,".
(5) In section 55I(4) of the Corrections Act 1986,
after "police officers" insert "or police custody
officers".
(6) After section 55I(4) of the Corrections Act 1986
insert—
"(5) A police custody officer may only exercise a
power under this section if the Chief
Commissioner has directed the police
custody officer under section 104DA to
transport the person.".
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12 Heading to Part 9A substituted
For the heading to Part 9A of the Corrections
Act 1986 substitute—
"Part 9A—Management of police
gaols and transfer, transport and
supervision powers" .
13 Insertion of Division 1 heading in Part 9A
Before section 104A of the Corrections Act 1986
insert—
"Division 1—Preliminary".
14 Definitions—Management of police gaols and
transfer, transport and supervision powers
In section 104A of the Corrections Act 1986, for
the definition of officer in charge substitute—
"officer in charge, in relation to a police gaol,
means the police officer for the time being in
charge of the police gaol.".
15 New section 104AB inserted
After section 104A of the Corrections Act 1986
insert—
"104AB Powers limited to certain police gaols
A police custody officer may exercise
powers under this Part at a police gaol, or in
relation to a police gaol, only if the Governor
in Council, by Order under section 200C of
the Victoria Police Act 2013, has declared
that the police gaol is a police gaol at which,
or in relation to which, police custody
officers may exercise their powers.".
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16 New Division 2 inserted in Part 9A
Before section 104B of the Corrections Act 1986
insert—
"Division 2—Management powers in
police gaols
104AC Management of visitors in police gaols
(1) With the permission of the officer in charge
of a police gaol, any person may enter the
police gaol and visit a detained person.
(2) If a person wishing to visit a detained person
is a lawyer acting in the course of the
lawyer's practice, the officer in charge of a
police gaol—
(a) must not unreasonably refuse
permission to the lawyer to visit the
police gaol; and
(b) in deciding whether to give or refuse
permission to the lawyer to visit the
police gaol must have regard to—
(i) the interests of the security of the
police gaol and the safe custody of
any person held at the police gaol;
and
(ii) the principle that a person held in
custody should, in the interests of
justice, have reasonable access to
a legal representative.
(3) If a person wishing to visit a police gaol is
under the age of 18 years, the officer in
charge of the police gaol may require that the
person is accompanied by a parent or
guardian.
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(4) A person wishing to visit, or visiting, a
police gaol must, at the request of a police
officer or police custody officer, provide—
(a) the prescribed information of the
person's identity; and
(b) the prescribed documents of the
person's identity to the satisfaction of
the police officer or police custody
officer.
(5) The information requested by the police
officer or police custody officer under
subsection (4) in relation to a person under
the age of 18 years must be reasonable in the
circumstances.
(6) A person must not, in response to a request
made under subsection (4), give any
information, document or material which is
false or misleading.
Penalty: 2 penalty units.
(7) If a person fails to comply with a request
made under subsection (4), or the police
officer or police custody officer believes on
reasonable grounds that a person has
contravened subsection (6), the police officer
or police custody officer may—
(a) make an order prohibiting the person
from entering the police gaol to visit a
detained person; or
(b) order the person to leave the police gaol
immediately.
(8) A person must comply with an order made
under subsection (7).
Penalty: 2 penalty units.
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(9) The officer in charge of a police gaol may
order a visitor to leave the police gaol
immediately if the officer in charge believes
on reasonable grounds that the order is
necessary for the security, good order and
management of the police gaol or for the
safety of any person at the police gaol.
(10) A person must comply with an order made
under subsection (9).
Penalty: 5 penalty units.
104AD Detained persons to give certain
information
(1) A detained person must, at the request of a
police officer or police custody officer,
give—
(a) the person's full name; and
(b) the person's date of birth; and
(c) the person's residential address
immediately before the person was
detained.
Penalty: 2 penalty units.
(2) A person must not, without reasonable
excuse, give information which is false or
misleading in response to a request made
under subsection (1).
Penalty: 2 penalty units.
104AE Orders to detained persons
A police officer or police custody officer
may give to a detained person any order that
the police officer or police custody officer
believes on reasonable grounds is necessary
for the security, good order or management
of the police gaol or for the safety of any
person at the police gaol.
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104AF Power to take photographs of detained
persons
(1) A police officer or a police custody officer
may take photographs of a detained person
for the purpose of identification or the
compilation of custody records concerning
the person at any time after the person is
detained.
(2) A photograph referred to in subsection (1)
may be taken—
(a) in a police gaol; or
(b) in the vicinity of a police gaol and
within a police station.
(3) A police officer or police custody officer
may give to a detained person all necessary
orders to enable the taking of accurate
photographs under subsection (1).
104AG Offence to disobey a lawful order
A detained person must not disobey a lawful
order of a police officer or police custody
officer given under this Division.
Penalty: 10 penalty units.
104AH Power to restrain detained persons
(1) The officer in charge of a police gaol may
apply, or authorise a police officer or police
custody officer to apply, an instrument of
restraint to a detained person—
(a) in the case of a police officer, while the
person is being moved under escort
from one place to another, if the officer
in charge believes on reasonable
grounds that the restraint is necessary to
ensure the secure transfer of the person;
or
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(b) in the case of a police custody officer,
while the person is being moved under
escort from one place to another within
a police gaol, if the officer in charge
believes on reasonable grounds that the
restraint is necessary to ensure the
secure transfer of the person; or
(c) if the officer in charge believes on
reasonable grounds that—
(i) exceptional circumstances exist;
and
(ii) the restraint is necessary to
prevent an assault on, or injury to,
any person, or substantial damage
to property.
(2) A police officer or police custody officer
applying an instrument of restraint in
accordance with subsection (1) must do so in
the manner for the time being determined by
the Chief Commissioner.".
17 Insertion of Division 3 heading in Part 9A
After Division 2 of Part 9A of the Corrections
Act 1986 insert—
"Division 3—Search and seizure powers
in police gaols" .
18 Formal searches in police gaols
(1) For section 104B(1) of the Corrections Act 1986
substitute—
"(1) A person who wishes to enter or remain in a
police gaol as a visitor must submit to a
formal search if asked to do so by a police
officer or police custody officer.".
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(2) In section 104B(3) of the Corrections
Act 1986—
(a) after "when asked" insert "under
subsection (1)";
(b) after "police officer" insert "or police
custody officer".
19 Search powers
(1) In section 104C(1) of the Corrections
Act 1986—
(a) after "police officer" (where first occurring)
insert "or police custody officer";
(b) in paragraph (b), after "a police officer"
insert ", police custody officer";
(c) in paragraph (c), for "the police"
(where secondly occurring) substitute
"Victoria Police".
(2) In section 104C(3) of the Corrections
Act 1986—
(a) after "police officer" insert "or police
custody officer";
(b) in paragraph (d), for "gaol;" substitute
"gaol.".
(3) In section 104C(4) of the Corrections Act 1986,
for "or a police officer" substitute ", a police
officer or a police custody officer".
20 Seizure
(1) In section 104D(1) of the Corrections
Act 1986—
(a) after "a police officer" insert "or police
custody officer";
(b) in paragraph (a), after "the police officer"
insert "or police custody officer";
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(c) in paragraph (c), after "the police officer"
insert "or police custody officer";
(d) in paragraph (d), after "the police officer"
insert "or police custody officer".
(2) In section 104D(2) of the Corrections Act 1986,
after "police officer" insert "or police custody
officer".
(3) Section 104D(3) of the Corrections Act 1986 is
repealed.
21 New Divisions 4 and 5 of Part 9A inserted
After section 104D of the Corrections Act 1986
insert—
"Division 4—Transport and supervision
of persons by police custody officers
104DA Police custody officers to transport
persons at Chief Commissioner's direction
(1) The Chief Commissioner may direct a police
custody officer to do any of the following—
(a) transport a detained person to any place
(including a police station, hospital,
court or another police gaol);
(b) transport a person who is to be detained
in a police gaol from any place
(including a police station, hospital,
court or another police gaol) to the
police gaol;
(c) transport a patient from a designated
mental health service to a court, a
police gaol or another designated
mental health service;
(d) transport a patient from a court or
police gaol to a designated mental
health service;
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(e) transport a person detained in a remand
centre, youth residential centre or youth
justice centre from that centre to a court
or police gaol;
(f) transport a person who is to be detained
in a remand centre, youth residential
centre or youth justice centre from a
court or police gaol to such a centre;
(g) supervise a person who is being
transported under paragraphs (a) to (f);
(h) supervise a person at a place to which
the person has been transported, or
from which the person will be
transported, under paragraphs (a) to (f).
(2) If the Chief Commissioner has directed a
police custody officer to transport or
supervise a person under subsection (1), a
police custody officer may transport that
person to, and supervise that person at, a
hospital or other facility at which medical
assessments, care or treatment are provided,
if it is necessary to do so.
(3) A police custody officer must comply with a
direction of the Chief Commissioner.
(4) Without limiting section 6D or 6E, a person
who is being transported or supervised by a
police custody officer under this section is
taken to be in the legal custody of the Chief
Commissioner while being transported or
supervised.
(5) In this section—
designated mental health service has the
same meaning as in the Mental Health
Act 2014;
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patient has the same meaning as in the
Mental Health Act 2014;
remand centre has the same meaning as in
the Children, Youth and Families
Act 2005;
youth justice centre has the same meaning as
in the Children, Youth and Families
Act 2005;
youth residential centre has the same
meaning as in the Children, Youth
and Families Act 2005.
104DB Functions and powers of police custody
officers in relation to persons they
transport or supervise
(1) A police custody officer has the following
functions in relation to a person the police
custody officer is transporting or supervising
under this Division—
(a) to take all reasonable steps to prevent
the escape or attempted escape of the
person from the physical custody of the
police custody officer;
(b) to take all reasonable steps to ensure
that the person's safety and welfare are
maintained;
(c) to take all reasonable steps to prevent
and detect the commission by the
person of any unlawful act or any
attempt to commit an unlawful act;
(d) to take all reasonable steps to ensure
the good order and discipline of the
person;
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(e) to take all reasonable steps to ensure
the security of any property that is in
the person's possession;
(f) to take all reasonable steps to ensure
that the person is transported to or
from, or supervised at, the appropriate
place as directed by the Chief
Commissioner under this Division.
(2) A police custody officer has the following
powers in relation to a person the police
custody officer is transporting or supervising
under this Division—
(a) to order the person to do or not to do
anything that the police custody officer
believes on reasonable grounds is
necessary for the safety of the police
custody officer, the person or any other
person;
(b) to search and examine the person or
any thing in the person's possession or
under the person's control if the police
custody officer believes on reasonable
grounds that this is necessary for the
safety of the police custody officer, the
person or any other person;
(c) to seize any thing found on the person
or in the person's possession or under
the person's control if the police
custody officer believes on reasonable
grounds that this is necessary for the
safety of the police custody officer, the
person or any other person;
(d) to apply an instrument of restraint to
the person for the duration of the
transport or supervision of the person if
the Chief Commissioner believes on
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reasonable grounds that the application
of the instrument of restraint is
necessary to prevent the escape of the
person or the assault of, or injury to,
any person;
(e) to apply an instrument of restraint to
the person during the transport or
supervision of a person if the conduct
of the person during that transport or
supervision has been such that it is
reasonable to believe that the
application of the instrument of
restraint is necessary to prevent the
escape of the person or the assault of,
or injury to, any person.
(3) A police custody officer who seizes any
thing under this section must as soon as
practicable inform an officer in charge of a
police gaol.
104DC Transport or supervision authorised
under other enactments and instruments
(1) If a police custody officer is directed by the
Chief Commissioner to transport or
supervise a person under this Division, any
provision of an Act or regulation, or of a
warrant or order of a court, or of any order or
instrument under an Act which requires or
authorises (either expressly or by necessary
implication) a police officer (by name or
otherwise) to transport or supervise that
person, must be taken to also authorise the
police custody officer to transport or
supervise that person in place of a police
officer in accordance with that authorisation.
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(2) Nothing in subsection (1) prevents a police
officer from exercising any function referred
to in that subsection or any other function
under the provision, warrant, order or
instrument.
Division 5—General
104DD Use of reasonable force by police custody
officers
(1) A police custody officer may, where
necessary, use reasonable force to compel a
person the police custody officer is
managing, transporting or supervising under
this Part to obey an order given by the police
custody officer in the exercise of a function
or power the police custody officer has under
this Part.
(2) A police custody officer who uses force in
accordance with this section is not liable for
injury or damage caused by that use of force.
104DE Dealing with seized items
The officer in charge of a police gaol must
deal in accordance with the regulations with
any thing, other than a drug of dependence,
that is seized under this Part.
104DF General power to authorise transfers of
detained persons
(1) The Chief Commissioner of Police may, by
instrument, authorise the transfer of a
detained person in the legal custody of the
Chief Commissioner from—
(a) a police gaol to another police gaol; or
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(b) a police gaol to a hospital or other
facility for the purpose of medical
assessment, care or treatment of the
detained person; or
(c) a hospital or other facility to another
hospital or other facility for the purpose
of medical assessment, care or
treatment of the detained person; or
(d) a hospital or other facility to a police
gaol.
(2) The Chief Commissioner of Police must not
include in an instrument of transfer, made
under subsection (1), a provision that is
inconsistent with any order of a court in
force in relation to the custody or place of
detention of the detained person proposed to
be transferred.
Note
Further provisions for the transfer or return of detained
persons and the custody of detained persons can be found in
other Acts including the Mental Health Act 2014, the
Disability Act 2006 and the Children, Youth and Families
Act 2005.".
22 Regulations
In section 112(1)(aa) of the Corrections
Act 1986—
(a) after "procedures for" insert "investigating,";
(b) after "committed" insert "in a police gaol, or
in the vicinity of a police gaol and within a
police station,".
23 Consequential amendments—drug of dependence
(1) In section 29A(1)(b) of the Corrections Act 1986
omit "within the meaning of the Drugs, Poisons
and Controlled Substances Act 1981".
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(2) In section 76A(3) of the Corrections Act 1986,
the definition of drug of dependence is repealed.
(3) In section 99A(1)(b) of the Corrections Act 1986
omit "within the meaning of the Drugs, Poisons
and Controlled Substances Act 1981".
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Part 4—Court Security Act 1980
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Part 4—Court Security Act 1980
24 Definitions
In section 2(1) of the Court Security Act 1980—
(a) insert the following definitions—
"police custody officer has the same
meaning as in the Victoria Police
Act 2013;
protective services officer has the same
meaning as in the Victoria Police
Act 2013;";
(b) in the definition of authorized officer, for
"or a protective services officer within the
meaning of the Victoria Police Act 2013"
substitute ", police custody officer,
protective services officer".
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Part 5—Crimes Act 1958
25 Definitions
In section 464(2) of the Crimes Act 1958—
(a) insert the following definition—
"police custody officer has the same
meaning as in the Victoria Police
Act 2013;";
(b) in the definition of held in a prison, police
gaol, youth justice centre or youth
residential centre—
(i) in paragraph (a), for "section 4"
substitute "section 6A";
(ii) in paragraph (b), for "section 11(7)"
substitute "section 6D".
26 Fingerscanning for identification purposes
(1) In section 464NA(2) of the Crimes Act 1958,
after "may take" insert ", or cause to be taken by
an authorised person,".
(2) In section 464NA(3) of the Crimes Act 1958, for
"Before fingerscanning a person under this
section, a police officer" substitute "A police
officer intending to fingerscan a person under this
section".
27 Procedure for taking samples etc.
(1) In section 464Z(1A) of the Crimes Act 1958, for
"police officer, or a class of police officers,"
substitute "police officer or police custody
officer, or a class of police officers or police
custody officers,".
(2) In section 464Z(3A) of the Crimes Act 1958,
after "police officer" (where twice occurring)
insert "or police custody officer".
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(3) In section 464Z(3B) of the Crimes Act 1958, for
"or (3A)" substitute ", or the police officer or
police custody officer referred to in
subsection (3A),".
(4) In section 464Z(6)(ab) and (c)(i) and (iv) of the
Crimes Act 1958, after "police officer" insert
"or police custody officer".
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Part 6—Road Safety Act 1986
28 Definitions
In section 3(1) of the Road Safety Act 1986
insert the following definition—
"police custody officer has the same meaning as
in the Victoria Police Act 2013;".
29 Oral fluid testing and analysis
(1) In section 55E(1) of the Road Safety Act 1986—
(a) for the definition of authorised officer
substitute—
"authorised officer means—
(a) a police officer or police custody
officer authorised in writing under
subsection (6) by the Chief
Commissioner of Police; or
(b) an officer of the Corporation
authorised in writing under
subsection (6) by the Corporation;
or
(c) an officer of the Department of
Economic Development, Jobs,
Transport and Resources
authorised in writing under
subsection (6) by the Secretary;";
(b) in the definition of enforcement officer,
for "Department of Transport, Planning
and Local Infrastructure" substitute
"Department of Economic Development,
Jobs, Transport and Resources";
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(2) For section 55E(6) of the Road Safety Act 1986
substitute—
"(6) Only the following persons may carry out the
procedure for the provision of a sample of
oral fluid under this section—
(a) a police officer or police custody
officer authorised in writing by the
Chief Commissioner of Police for the
purposes of this section; or
(b) an officer of the Corporation authorised
in writing by the Corporation for the
purposes of this section; or
(c) an officer of the Department of
Economic Development, Jobs,
Transport and Resources authorised in
writing by the Secretary for the
purposes of this section.".
(3) In section 55E(7) of the Road Safety Act 1986—
(a) after "a police officer" insert "or a police
custody officer";
(b) after "the police officer" insert ", police
custody officer".
(4) In section 55E(22) of the Road Safety
Act 1986—
(a) after "police officer" (wherever occurring)
insert ", police custody officer";
(b) for "Department of Transport, Planning and
Local Infrastructure" (wherever occurring)
substitute "Department of Economic
Development, Jobs, Transport and
Resources".
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Part 7—Repeal of amending Act
30 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 7 October 2015
Legislative Council: 22 October 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Victoria Police Act 2013, the Corrections Act 1986, the Court Security
Act 1980, the Crimes Act 1958 and the Road Safety Act 1986 with
respect to police custody officers and for other purposes."
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