Police Regulation Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Police Regulation Amendment Act 2012 No. 77 of 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions 2 5 Consequential amendment of sections 6 and 6A 4 6 Appointments to and promotions and transfers within the force 4 7 Consequential repeal of section 8AA 4 8 Grounds for promotion or transfer 5 9 New section 8AC inserted 5 8AC Directed transfers 5 10 New sections 9 and 9A inserted 5 9 Appointment of members from other jurisdictions 5 9A Appointment of former members of the force 7 11 Authority of constables 8 12 New section 16C inserted 10 16C Abandonment of appointment 10 13 Division 1 of Part IV repealed—Dismissal of unsuitable members 11 14 New Division 4 of Part IV substituted 11 Division 4—Incapacity for duty 11 82 Definitions 11 83 Notice of incapacity 12 84 Determination of incapacity 13 15 New Part IVAA inserted 14 PART IVAA—APPEALS AND REVIEWS 14 Division 1—Appeals 14 86AC Promotion and transfer appeals—Members of the force 14 86AD Promotion appeals—Protective services officers 16 86AE Constitution of PRS Board for appeal 17 86AF Appeal to be re-hearing 17 86AG Procedure on appeal 17 -- 1 of 73 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 2—Reviews 18 86AH What decisions are reviewable? 18 86AI Form and time limits for applying for review 20 86AJ Constitution of PRS Board for review 21 86AK Special procedure for review of directed transfers 22 86AL Chief Commissioner to lodge file in review of incapacity decisions 23 86AM PRS Board must have regard to public interest and interests of applicant 23 86AN Powers of PRS Board on review of termination or dismissal decisions 24 86AO Powers of PRS Board on review of certain demotion and transfer decisions 26 86AP Powers of PRS Board on review of other decisions 27 Division 3—General provisions for appeals and reviews 27 86AQ Natural justice 27 86AR General procedure 27 86AS Hearings to be public unless otherwise ordered 28 86AT Appearance and representation 28 86AU Evidence 29 86AV Witness summons 29 86AW Chief Commissioner to give effect to PRS Board orders and decisions 31 86AX Contempt of PRS Board 31 86AY Protection of participants 31 86AZ Extension of time 32 16 Part V substituted 33 PART V—POLICE REGISTRATION AND SERVICES BOARD 33 Division 1—Establishment and functions 33 87 Establishment of PRS Board 33 87A Functions of the PRS Board 33 87B Divisions of the PRS Board 35 87C Powers of the PRS Board 36 Division 2—Membership 36 87D Membership of the PRS Board 36 87E Membership of Registration Division 37 87F Membership of Professional Standards Division 38 87G Membership of Review Division 38 87H Allocation of members to Divisions of PRS Board 39 87I Remuneration 39 87J Accountability of the President 39 -- 2 of 73 -- Section Page iii Authorised by the Chief Parliamentary Counsel 87K Vacancies, resignation and removal from office 39 87L Acting President, Deputy Presidents and other members 40 Division 3—General provisions for the PRS Board 41 87M Meetings of the PRS Board 41 87N Effect of vacancy or defect 42 87O Immunity 42 87P Staffing 43 87Q Confidentiality 43 Division 4—Checks and investigations by the PRS Board 44 87R Checks and investigations for registration and provision of advice 44 87S Criminal record and other checks 45 87T Investigations and further information 45 87U Witness summons 46 87V Service of notices and summonses under this Division 47 17 Part VAA inserted 48 PART VAA—REGISTRATION ON POLICE PROFESSION REGISTER 48 Division 1—Registration 48 87W Qualifications for registration 48 87X Application for registration 49 87Y Registration 49 87Z Commencement and duration of registration 51 Division 2—Renewal of registration 51 87ZA Board must notify person when registration about to expire 51 87ZB Application for renewal of registration 52 87ZC Renewal of registration 53 Division 3—Suspension and cancellation of registration 54 87ZD Mandatory suspension of registration 54 87ZE Discretionary suspension of registration 54 87ZF Effect of suspension 55 87ZG Mandatory cancellation of registration 55 87ZH Notice of intention to cancel 56 87ZI Cancellation following notice 57 87ZJ Return of certificate on cancellation 57 Division 4—Hearings 58 87ZK Hearings 58 87ZL Procedure at hearings 58 -- 3 of 73 -- Section Page iv Authorised by the Chief Parliamentary Counsel 87ZM Application for registration or renewal of registration hearings—Private unless otherwise ordered 59 87ZN Cancellation of registration hearings—Public unless otherwise ordered 60 Division 5—Police Profession Register 61 87ZO PRS Board to keep Police Profession Register 61 87ZP Chief Commissioner to notify PRS Board of appointments and dismissals 62 Division 6—General 62 87ZQ Natural justice 62 87ZR Service of notices under this Part 62 18 Status and powers of a special constable 63 19 Appointment of police reservists 63 20 Appointment of protective services officers 63 21 Regulations 64 22 New section 135 inserted 65 135 Transitional provisions for Police Regulation Amendment Act 2012 65 23 Repeal of amending Act 68 ═══════════════ ENDNOTES 69 -- 4 of 73 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Police Regulation Amendment Act 2012 † No. 77 of 2012 [Assented to 11 December 2012] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Police Regulation Act 1958 to— (a) establish a Police Registration and Services Board; and (b) establish a Police Profession Register and provide for registration; and Victoria -- 5 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 2 Authorised by the Chief Parliamentary Counsel (c) amend the provisions for appointments, transfers, appeals and reviews; and (d) make miscellaneous amendments. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 April 2014, it comes into operation on that day. 3 Principal Act In this Act, the Police Regulation Act 1958 is called the Principal Act. 4 Definitions In section 3(1) of the Principal Act— (a) insert the following definitions— "directed transfer means a transfer under section 8AC; police force of another jurisdiction means— (a) the Australian Federal Police; or (b) the police force of another State or a Territory; or (c) the police force of another country or part of another country; s. 2 See: Act No. 6338. Reprint No. 14 as at 27 April 2012 and amending Act Nos 13/2012 and 35/2012. LawToday: www. legislation. vic.gov.au -- 6 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 3 Authorised by the Chief Parliamentary Counsel Police Profession Register means the register kept under section 87ZO; police reservist means a person appointed as a police reservist under Part VI; Professional Standards Division means the Professional Standards Division of the PRS Board established by section 87B(b); professional standards function means a function specified in section 87A(1)(b); protective services officer means a person appointed as a protective services officer under Part VIA; PRS Board means the Police Registration and Services Board established by section 87; PRS Board officer means— (a) a member of the PRS Board; or (b) an employee referred to in section 87P(1); or (c) a member of staff referred to in section 87P(2); Registration Division means the Registration Division of the PRS Board established by section 87B(a); registration function means a function specified in section 87A(1)(a); Review Division means the Review Division of the PRS Board established by section 87B(c); review function means a function specified in section 87A(1)(c);"; (b) the definition of Appeals Board is repealed. s. 4 -- 7 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 4 Authorised by the Chief Parliamentary Counsel 5 Consequential amendment of sections 6 and 6A (1) Section 6(1A) of the Principal Act is repealed. (2) In section 6A(1) of the Principal Act omit "or the power to dismiss a member of the force under section 68 or suspend a member under section 68A". 6 Appointments to and promotions and transfers within the force (1) After section 8(2) of the Principal Act insert— "(3) Subject to subsection (3A), an appointment under subsection (1)— (a) may be on a full-time or part-time basis; and (b) may be for a fixed term or on an ongoing basis. (3A) An appointment may be made under subsection (1) on a part-time basis or for a fixed term (or both) only if the Chief Commissioner is satisfied that it is necessary to do so for the purposes of— (a) a specific project or task force of finite duration; or (b) dealing with an emergency within the meaning of the Emergency Management Act 1986.". (2) After section 8(9) of the Principal Act insert— "(10) The Chief Commissioner must cause notice of the selection of a member for promotion or transfer to be published in the Police Gazette.". 7 Consequential repeal of section 8AA Section 8AA of the Principal Act is repealed. s. 5 -- 8 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 5 Authorised by the Chief Parliamentary Counsel 8 Grounds for promotion or transfer In section 8AB of the Principal Act— (a) in subsection (1), for "8AA" substitute "86AC"; (b) in subsection (2)— (i) for "8AA" substitute "86AC"; (ii) in the definition of transfer, after "rank" insert ", but does not include a directed transfer". 9 New section 8AC inserted After section 8AB of the Principal Act insert— "8AC Directed transfers The Chief Commissioner may immediately transfer a member of the force (other than a Deputy Commissioner or Assistant Commissioner) to any part of the State if the Chief Commissioner considers it reasonably necessary to do so for the provision of policing services.". 10 New sections 9 and 9A inserted After section 8A of the Principal Act insert— "9 Appointment of members from other jurisdictions (1) This section applies to the appointment to the force of a person who— (a) has never been a member of the force; and (b) is or has been a member of a police force of another jurisdiction. s. 8 -- 9 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 6 Authorised by the Chief Parliamentary Counsel (2) The Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person— (a) is of good character and reputation; and (b) either— (i) has the qualifications and experience prescribed by the regulations for appointment at the proposed rank; or (ii) subject to the satisfactory completion of training specified by the PRS Board, will have those qualifications and that experience; and (c) has the aptitude and efficiency to perform the duties of a member of the force at the proposed rank. (3) Subject to section 87T(3), the PRS Board must comply with a request under subsection (2). Note The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part V gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 87T(3) the PRS Board may decline to provide advice in certain circumstances. (4) The Chief Commissioner must consider the advice of the PRS Board in determining whether to appoint the person under section 8(1) and in determining the rank at which and position to which he or she is appointed. s. 10 -- 10 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 7 Authorised by the Chief Parliamentary Counsel 9A Appointment of former members of the force (1) This section applies to the appointment to the force of a person who has previously been a member of the force. (2) The Chief Commissioner may appoint the person under section 8(1) if the person is registered on the Police Profession Register. (3) If the person is not registered on the Police Profession Register, the Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person— (a) is of good character and reputation; and (b) either— (i) has the qualifications and experience prescribed by the regulations for appointment at the proposed rank; or (ii) subject to the satisfactory completion of training specified by the PRS Board, will have those qualifications and that experience; and (c) has the aptitude and efficiency to perform the duties of a member of the force at the proposed rank. (4) Subject to section 87T(3), the PRS Board must comply with a request under subsection (3). Note The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part V gives certain investigatory powers to the PRS Board for the purposes of providing advice under this s. 10 -- 11 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 8 Authorised by the Chief Parliamentary Counsel section. Under section 87T(3) the PRS Board may decline to provide advice in certain circumstances. (5) If the PRS Board's advice has been requested under this section, the Chief Commissioner must consider the advice in determining whether to appoint the person under section 8(1) and in determining the rank at which and position to which he or she is appointed.". 11 Authority of constables (1) In section 11 of the Principal Act, for "Every constable" substitute "Subject to this section, every constable". (2) At the end of section 11 of the Principal Act insert— "(2) The Chief Commissioner may give a written notice under this subsection to a member of the force— (a) who is about to begin, or is on, a period of leave without pay of 28 days or more, other than excluded leave; or (b) who is on secondment to any organisation or body. (3) If the Chief Commissioner gives a notice to a member of the force under subsection (2), subsection (1) does not apply to the member while the notice has effect. (4) A notice given to a member of the force under subsection (2)— (a) takes effect when the member is given the notice or at the later time determined by the Chief Commissioner and specified in the notice; and s. 11 -- 12 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 9 Authorised by the Chief Parliamentary Counsel (b) unless cancelled earlier under subsection (6), has effect until the later of— (i) the expiry of the period determined by the Chief Commissioner and specified in the notice; or (ii) the registration of the member on the Police Profession Register. Note See Part VAA for registration on the Police Profession Register. (5) While a notice given to a member of the force under subsection (2) has effect— (a) neither the Chief Commissioner nor any other member of the force has authority to give the member an instruction in respect of the member's performance of his or her functions or duties; and (b) the member does not commit a breach of discipline under section 69 by failing to comply with a standing order or instruction of the Chief Commissioner. (6) The Chief Commissioner may cancel a notice given to a member of the force under subsection (2) at any time by giving written notice of cancellation to the member. (7) Nothing in this section affects the ability of the Chief Commissioner to end a member's secondment or leave without pay. (8) A member of the force who is given a notice under subsection (2) must, as soon as practicable, surrender his or her police identification and any police equipment that s. 11 -- 13 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 10 Authorised by the Chief Parliamentary Counsel is required by the Chief Commissioner to be surrendered under this subsection. (9) In this section— excluded leave means— (a) maternity, paternity or parental leave; or (b) compassionate leave; or (c) study leave; or (d) leave granted for the purposes of service with— (i) another law enforcement agency; or (ii) a professional association that represents members of the force; police equipment means equipment issued to members of the force for use in the performance of their duties; police identification means any thing that identifies, or purports to identify, a person who carries, holds or wears it, as a member of the force.". 12 New section 16C inserted After section 16B of the Principal Act insert— "16C Abandonment of appointment (1) A member of the force who is absent from duty without authorisation or lawful reason for one calendar month or more is taken to have abandoned their appointment as a member of the force. s. 12 -- 14 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 11 Authorised by the Chief Parliamentary Counsel (2) If a member of the force is absent from duty without authorisation or lawful reason at the commencement of this section, any period of that absence occurring before that commencement is to be taken into account for the purposes of this section.". 13 Division 1 of Part IV repealed—Dismissal of unsuitable members Division 1 of Part IV of the Principal Act is repealed. 14 New Division 4 of Part IV substituted For Division 4 of Part IV of the Principal Act substitute— "Division 4—Incapacity for duty 82 Definitions (1) In this Division— incapacity includes— (a) lack of aptitude; (b) inefficiency; (c) lack of competence or ability; notice of incapacity means a notice given under section 83; remedial action means any action or process of a remedial nature (other than dismissal) taken or undertaken in relation to the performance of a member of the force, including— (a) the imposition of a remedial plan; (b) the amendment of an existing remedial plan; (c) transfer of the member to other duties. s. 13 -- 15 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 12 Authorised by the Chief Parliamentary Counsel (2) In this Division, a reference to a member being incapable of performing his or her duties as a member of the force includes— (a) the member displaying a lack of aptitude for the performance of those duties; (b) the member being inefficient in the performance of those duties; (c) the member displaying a lack of competence or ability to meet the inherent requirements of those duties. 83 Notice of incapacity (1) The Chief Commissioner may give a written notice under this section to a member of the force if the Chief Commissioner reasonably believes that— (a) the member is incapable of performing his or her duties as a member of the force; and (b) the incapacity is not caused by any physical or mental impairment; and (c) the incapacity has been the subject of remedial action which has not resolved the matter. (2) A notice of incapacity must state— (a) that the Chief Commissioner is considering taking any of the following actions, as specified in the notice— (i) transferring the member to other duties that the Chief Commissioner believes are within the member's capacity; or (ii) reducing the rank or seniority of the member; or s. 14 -- 16 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 13 Authorised by the Chief Parliamentary Counsel (iii) both actions specified in subparagraphs (i) and (ii); or (iv) dismissing the member; and (b) the grounds on which the Chief Commissioner believes that the member is incapable of performing his or her duties as a member of the force; and (c) that the member may make written submissions to the Chief Commissioner on the matter within 21 days after receiving the notice. 84 Determination of incapacity (1) This section applies if— (a) a notice of incapacity has been given to a member of the force; and (b) the Chief Commissioner has considered any written submissions made by the member within the period specified in the notice of incapacity; and (c) the Chief Commissioner is satisfied that the member is incapable of performing his or her duties. (2) The Chief Commissioner may, by written notice to the member— (a) transfer the member to other duties that the Chief Commissioner believes are within the member's capacity; or (b) reduce the rank or seniority of the member; or (c) take both actions specified in paragraphs (a) and (b); or (d) dismiss the member. s. 14 -- 17 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 14 Authorised by the Chief Parliamentary Counsel (3) A notice under subsection (2) must state the grounds on which the Chief Commissioner is satisfied that the member is incapable of performing his or her duties.". 15 New Part IVAA inserted After Part IV of the Principal Act insert— "PART IVAA—APPEALS AND REVIEWS Division 1—Appeals 86AC Promotion and transfer appeals— Members of the force (1) Subject to this section, a member of the force may appeal to the PRS Board against the selection of another member of the force for promotion or transfer under section 8 if— (a) the member applied for promotion or transfer to the position; and (b) the member considers, on the grounds referred to in subsection (4), that he or she has a better claim to promotion or transfer than the member selected. Note The functions of the PRS Board in relation to appeals are performed by the Review Division. (2) A member of the force cannot appeal in relation to— (a) a promotion or transfer to a position at the rank of superintendent, chief superintendent or commander; or (b) a transfer to a position of constable (general duties); or (c) a promotion or transfer to a position of senior constable (general duties); or s. 15 -- 18 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 15 Authorised by the Chief Parliamentary Counsel (d) the promotion of a constable who holds a position to the rank of senior constable in the same position; or (e) a transfer made under an expression of interest process agreed under an industrial instrument applying to members of the force. (3) A member of the force cannot appeal under this section if the member has lodged an appeal under this section on 4 or more occasions in the previous 12 months— (a) whether or not in relation to the same position; and (b) whether or not any of those appeals were successful, unsuccessful or withdrawn. (4) The only grounds for appeal are— (a) in relation to the rank of senior sergeant, sergeant or senior constable— (i) superior efficiency; or (ii) equal efficiency and greater seniority; (b) in relation to the rank of inspector or chief inspector—superior efficiency. (5) An appeal must be lodged within 3 days after the day on which notice of the selection is published under section 8(10). (6) In this section, member of the force does not include a police reservist or protective services officer. s. 15 -- 19 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 16 Authorised by the Chief Parliamentary Counsel 86AD Promotion appeals—Protective services officers (1) Subject to this section, a protective services officer may appeal to the PRS Board against the selection of another protective services officer for promotion under section 118B if— (a) the officer applied for promotion to the position; and (b) the officer considers, on the ground referred to in subsection (4), that he or she has a better claim to promotion than the officer selected for promotion. Note The functions of the PRS Board in relation to appeals are performed by the Review Division. (2) A protective services officer cannot appeal in relation to a promotion to a position of protective services officer first class. (3) A protective services officer cannot appeal under this section if he or she has lodged an appeal under this section on 4 or more occasions in the previous 12 months— (a) whether or not in relation to the same position; and (b) whether or not any of those appeals were successful, unsuccessful or withdrawn. (4) The only ground for appeal is superior efficiency. (5) An appeal must be lodged within 3 days after the day on which notice of the selection is published under section 118B(6A). s. 15 -- 20 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 17 Authorised by the Chief Parliamentary Counsel (6) In this section— efficiency has the meaning given by section 118B(7). 86AE Constitution of PRS Board for appeal (1) For the purpose of an appeal, the PRS Board is to be constituted by— (a) a member of the Review Division sitting alone; or (b) 2 members of the Review Division of whom at least one is the President or the Deputy President. (2) The President is to determine the constitution of the PRS Board to hear an appeal. (3) If the PRS Board is constituted as referred to in subsection (1)(b) and the members are divided in opinion on any question arising on the appeal, the question is to be decided according to the opinion of the President or Deputy President or, if both are sitting, the President. 86AF Appeal to be re-hearing An appeal under this Division is to be by way of a re-hearing. 86AG Procedure on appeal (1) If an appeal is lodged, the Chief Commissioner must lodge the selection file in relation to the promotion or transfer with the PRS Board within 2 business days after the day on which he or she is notified under section 86AR(2) of the lodging of an appeal. (2) Neither the Chief Commissioner nor the appellant may lodge any other document with the PRS Board concerning the appeal unless the PRS Board, being of the opinion s. 15 -- 21 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 18 Authorised by the Chief Parliamentary Counsel that there are exceptional circumstances, gives leave. (3) The PRS Board must hear and determine the appeal within 5 business days after the selection file is lodged under subsection (1). (4) If the appellant cannot be present at a hearing of the PRS Board on the appeal of which reasonable notice has been given, the appellant may— (a) elect to have the appeal heard and determined in his or her absence; or (b) withdraw the appeal. (5) If the appellant makes an election under subsection (4)(a) or fails to make an election or withdraw the appeal before the date of the hearing, the PRS Board may hear and determine the appeal in the absence of the appellant. (6) In this section— business day means a day other than a Saturday, Sunday or public holiday. Division 2—Reviews 86AH What decisions are reviewable? (1) Subject to this section, a member of the force may apply to the PRS Board for review of a decision by the Chief Commissioner, or a person authorised by the Chief Commissioner— (a) not to confirm the member's promotion; or (b) to disallow the member's promotion; or s. 15 -- 22 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 19 Authorised by the Chief Parliamentary Counsel (c) that the member is unsuitable for promotion to a position of senior constable (general duties); or (d) not to promote the member, being a constable, to the rank of senior constable in the same position; or (e) to reduce the rank or seniority of the member under section 76(1)(d), 80(1)(a)(ii) or 84(2)(b) or (c); or (f) to reduce the remuneration of the member under section 76(1)(e) or 80(1)(a)(iii); or (g) to transfer the member under section 76(1)(f), 80(1)(d) or 84(2)(a) or (c); or (h) to make a directed transfer of the member under section 8AC; or (i) to otherwise compulsorily transfer the member; or (j) to impose a fine exceeding 5 penalty units on the member under section 76(1)(c) or 80(1)(c); or (k) to impose a period of ineligibility in respect of the member under section 76(1)(ca) or 80(1)(ca); or (l) to terminate the member's appointment; or (m) to dismiss the member under section 76(1)(g), 80(1)(e) or 84(2)(d). Note The functions of the PRS Board in relation to reviews are performed by the Review Division. s. 15 -- 23 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 20 Authorised by the Chief Parliamentary Counsel (2) Subsection (1)(i) does not apply to the compulsory transfer of— (a) a superintendent, chief superintendent or commander; or (b) an inspector or chief inspector except where the transfer is to or from a country position for a period of more than 6 months. (3) The Chief Commissioner may from time to time determine any area to be the Melbourne Metropolitan area for the purposes of this section. (4) In this section— country position means a position in the force that is located outside the Melbourne metropolitan area determined under subsection (3); general duties means primary response and general patrol duties; member of the force includes a person who was a member of the force immediately before his or her dismissal or the termination of his or her appointment. 86AI Form and time limits for applying for review (1) An application for review must be made in a form approved by the PRS Board. (2) An application for review must be lodged with the PRS Board— (a) in the case of a decision to make a directed transfer under section 8AC— within 3 days after the day on which the member is notified of the decision; and s. 15 -- 24 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 21 Authorised by the Chief Parliamentary Counsel (b) in any other case—within 14 days after the day on which the member is notified of the decision. 86AJ Constitution of PRS Board for review (1) For the purpose of conducting a review of a decision to terminate a member's appointment or to dismiss a member, the PRS Board is to be constituted by 3 members of the Review Division, of whom— (a) at least one is the President or the Deputy President of the Review Division; and (b) at least one is a legal practitioner of at least 5 years standing. (2) For the purpose of conducting any other review, the PRS Board is to be constituted by— (a) a member of the Review Division sitting alone; or (b) 2 members of the Review Division of whom at least one is the President or the Deputy President. (3) The President is to determine the constitution of the PRS Board to conduct a review. (4) If the PRS Board is constituted as referred to in subsection (1), any question arising on the review is to be decided according to the opinion of the majority of the members. (5) If the PRS Board is constituted as referred to in subsection (2)(b) and the members are divided in opinion on any question arising on the review, the question is to be decided according to the opinion of the President or Deputy President or, if both are sitting, the President. s. 15 -- 25 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 22 Authorised by the Chief Parliamentary Counsel 86AK Special procedure for review of directed transfers (1) If an application for review of a decision to make a directed transfer is lodged, the Chief Commissioner must lodge the file relating to the decision with the PRS Board within 2 business days after the day on which he or she is notified under section 86AR(2) of the lodging of the application. (2) Neither the Chief Commissioner nor the applicant may lodge any other document with the PRS Board concerning the review unless the PRS Board, being of the opinion that there are exceptional circumstances, gives leave. (3) The PRS Board must hear and determine the review within 5 business days after the file is lodged under subsection (1). (4) If the applicant cannot be present at a hearing of the PRS Board on the review of which reasonable notice has been given, the applicant may— (a) elect to have the review heard and determined in his or her absence; or (b) withdraw the application. (5) If the applicant makes an election under subsection (4)(a), or fails to make an election or withdraw the application before the date of the hearing, the PRS Board may hear and determine the review in the absence of the applicant. (6) In this section— business day means a day other than a Saturday, Sunday or public holiday. s. 15 -- 26 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 23 Authorised by the Chief Parliamentary Counsel 86AL Chief Commissioner to lodge file in review of incapacity decisions (1) This section applies if an application for review is lodged in respect of a decision— (a) to transfer a member under section 84(2)(a) or (c); or (b) to reduce the rank or seniority of a member under section 84(2)(b) or (c); or (c) to dismiss a member under section 84(2)(d). (2) If an application for review is lodged, the Chief Commissioner must lodge the file relating to the decision with the PRS Board within 2 business days after the day on which he or she is notified under section 86AR(2) of the lodging of the application. (3) In this section— business day means a day other than a Saturday, Sunday or public holiday. 86AM PRS Board must have regard to public interest and interests of applicant (1) In a review, the PRS Board must have regard to— (a) the public interest; and (b) the interests of the applicant for review. (2) Subsection (1) does not limit the matters to which the PRS Board is otherwise required or permitted to have regard in a review. (3) In this section— public interest includes the interest of maintaining the integrity of, and community confidence in, the force. s. 15 -- 27 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 24 Authorised by the Chief Parliamentary Counsel 86AN Powers of PRS Board on review of termination or dismissal decisions (1) This section applies to a review of a decision to terminate a member's appointment or dismiss a member. (2) On the review, the PRS Board must affirm the decision unless the PRS Board is satisfied that the decision is harsh, unjust or unreasonable. (3) If the PRS Board is satisfied that the decision is harsh, unjust or unreasonable, the PRS Board may— (a) in the case of a review of a decision to dismiss a member under section 80(1)(e)— (i) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or (ii) set aside the decision and refer the matter for determination by the Chief Commissioner in accordance with any directions or recommendations of the PRS Board; and (b) in any other case— (i) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or s. 15 -- 28 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 25 Authorised by the Chief Parliamentary Counsel (ii) set aside the decision and refer the matter for determination by the Chief Commissioner in accordance with any directions or recommendations of the PRS Board; or (iii) order the Chief Commissioner to re-instate the applicant as a member of the force; or (iv) if the PRS Board considers that it would be impracticable to re-instate the applicant, order the Chief Commissioner to pay to the applicant an amount of compensation not exceeding the amount of remuneration of the applicant during the period of 12 months immediately before the termination or dismissal. (4) If the applicant was on leave without full pay during any part of the period of 12 months immediately before the termination or dismissal, the maximum amount of compensation that may be ordered under subsection (3)(b)(iv) to be paid is to be determined as if the applicant had received full pay while on leave. (5) When assessing any compensation payable, the PRS Board must take into account— (a) whether the applicant made a reasonable attempt to find alternative employment; and (b) the remuneration received in any alternative employment or that would have been payable if the applicant had s. 15 -- 29 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 26 Authorised by the Chief Parliamentary Counsel succeeded in obtaining alternative employment. 86AO Powers of PRS Board on review of certain demotion and transfer decisions (1) This section applies to a review of— (a) a decision to reduce the rank or seniority of a member under section 76(1)(d), 80(1)(a)(ii) or 84(2)(b) or (c); or (b) a decision to reduce the remuneration of a member under section 76(1)(e) or 80(1)(a)(iii); or (c) a decision to transfer a member under section 84(2)(a) or (c); or (d) a decision to make a directed transfer of a member under section 8AC; or (e) a decision (other than one specified in paragraph (a), (b), (c) or (d)) that has the effect of significantly changing the duties of a member. (2) On the review, the PRS Board must affirm the decision unless the PRS Board is satisfied that the decision is harsh, unjust or unreasonable. (3) If the PRS Board is satisfied that the decision is harsh, unjust or unreasonable, the PRS Board may— (a) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or s. 15 -- 30 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 27 Authorised by the Chief Parliamentary Counsel (b) set aside the decision and refer the matter for determination by the Chief Commissioner in accordance with any directions or recommendations of the PRS Board. 86AP Powers of PRS Board on review of other decisions (1) This section applies to any review other than a review to which section 86AN or 86AO applies. (2) On the review, the PRS Board may— (a) affirm the decision under review; or (b) set aside the decision and, in substitution for it, make any other decision or determination that the person who made the decision could have made; or (c) set aside the decision and refer the matter for determination by the Chief Commissioner in accordance with any directions or recommendations of the PRS Board. Division 3—General provisions for appeals and reviews 86AQ Natural justice The PRS Board is bound by the rules of natural justice in all appeals and reviews. 86AR General procedure (1) The PRS Board must conduct all appeals and reviews with as little formality and technicality, and as much speed, as the requirements of this Act and the proper consideration of the subject-matter permit. s. 15 -- 31 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 28 Authorised by the Chief Parliamentary Counsel (2) As soon as practicable after an appeal or an application for review is lodged, the PRS Board must notify the Chief Commissioner. (3) Subject to this Act, the PRS Board may regulate its own procedure on an appeal or a review. 86AS Hearings to be public unless otherwise ordered (1) Subject to this section, all hearings of the PRS Board on an appeal or a review must be held in public. (2) The PRS Board, on its own initiative or on the application of a party, may direct that a hearing or any part of it be held in private, if the PRS Board is satisfied that the holding of the hearing or part in private would facilitate the conduct of the appeal or review or would otherwise be in the public interest. (3) If the PRS Board considers it necessary to do so in the public interest, it may make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information derived from the hearing or part, except by, or with the leave of, the PRS Board. (4) If an order is made under subsection (3), the PRS Board must cause a copy of the order to be displayed in a conspicuous place where the hearing is held. 86AT Appearance and representation (1) On an appeal— (a) the appellant and the person selected for promotion or transfer may appear; s. 15 -- 32 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 29 Authorised by the Chief Parliamentary Counsel (b) the Chief Commissioner may appear, and may be represented by any person other than a legal practitioner. (2) On a review, the applicant and the Chief Commissioner may appear, and may be represented by any person other than a legal practitioner. 86AU Evidence (1) On an appeal or a review the PRS Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit. (2) On an appeal or a review the PRS Board may require evidence to be given on oath and, for that purpose, a member of the PRS Board may administer an oath or cause an oath to be administered. 86AV Witness summons (1) On an appeal or a review the President or the Deputy President assigned to the Review Division may issue a summons to a person to attend the PRS Board to give evidence and produce any documents that are referred to in the summons. (2) A summons may be served on a person— (a) by delivering it personally to the person; or (b) by sending it by post, fax or email to the person at his or her usual or last known postal, fax or email address; or (c) by leaving it at the person's usual or last known residential or business address with a person on the premises s. 15 -- 33 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 30 Authorised by the Chief Parliamentary Counsel apparently at least 16 years old and apparently residing or employed there. (3) A summons is to be taken to have been served on a person— (a) in the case of delivery in person—at the time of delivery; or (b) in the case of posting—2 business days after the day on which the document was posted; or (c) in the case of fax or email—at the time the fax or email is received. (4) If a fax or email is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day. (5) A person who has been properly served with a summons must not, without reasonable excuse, fail to— (a) attend as required by the summons until he or she has been excused or released from attendance by the PRS Board; or (b) produce any document referred to in the summons that is in his or her possession. Penalty: 10 penalty units. (6) In this section— business day means a day other than— (a) a Saturday or Sunday; or (b) a public holiday or half holiday in the place to where the summons is sent or delivered. s. 15 -- 34 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 31 Authorised by the Chief Parliamentary Counsel 86AW Chief Commissioner to give effect to PRS Board orders and decisions The Chief Commissioner must give effect to an order or a decision of the PRS Board on an appeal or a review. 86AX Contempt of PRS Board A person must not— (a) insult a member of the PRS Board while that member is performing functions as a member on an appeal or a review; or (b) insult, harass, intimidate, obstruct or hinder a person attending a hearing of the PRS Board on an appeal or a review; or (c) misbehave at a hearing of the PRS Board on an appeal or a review; or (d) contravene an order made under section 86AS(3) that has been displayed in accordance with section 86AS(4); or (e) do any other act in relation to an appeal or a review that would, if the PRS Board were the Supreme Court, constitute contempt of that Court. Penalty: Imprisonment for 3 months or 30 penalty units or both. 86AY Protection of participants (1) A member of the PRS Board has, in the performance of the functions of member on an appeal or a review, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge. s. 15 -- 35 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 32 Authorised by the Chief Parliamentary Counsel (2) A person representing a party on an appeal or a review has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court. (3) A party to an appeal or review has the same protection and immunity as a party to proceedings in the Supreme Court. (4) A person appearing as a witness in a hearing on an appeal or review has the same protection and immunity as a witness has in proceedings in the Supreme Court. 86AZ Extension of time (1) On application by any person, the PRS Board, if it considers that exceptional circumstances exist, may extend any time limit fixed— (a) by or under this Act for the lodging of an appeal or the making of an application for a review; or (b) by or under this Act or the regulations for the doing of any other thing in, or in relation to, an appeal or a review. (2) The PRS Board may— (a) extend a time limit even if the time has expired before an application for extension is made; (b) impose conditions on the extension of a time limit. __________________". s. 15 -- 36 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 33 Authorised by the Chief Parliamentary Counsel 16 Part V substituted For Part V of the Principal Act substitute— "PART V—POLICE REGISTRATION AND SERVICES BOARD Division 1—Establishment and functions 87 Establishment of PRS Board (1) The Police Registration and Services Board is established. (2) The PRS Board— (a) is a body corporate with perpetual succession; (b) must have a common seal; (c) may sue and be sued; (d) may acquire, hold or dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of the PRS Board must be kept as directed by the Board and may only be used as authorised by the Board. (4) All courts must take judicial notice of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed. 87A Functions of the PRS Board (1) The PRS Board has the following functions— (a) registration functions, being— (i) to keep the Police Profession Register; s. 16 -- 37 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 34 Authorised by the Chief Parliamentary Counsel (ii) to register persons on the Police Profession Register; (iii) to advise the Chief Commissioner on proposed appointments to the force; (b) professional standards functions, being— (i) to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for members of the force, protective services officers and police reservists; (ii) to approve competency standards, practice standards, educational courses and supervised training arrangements for members of the force, protective services officers and police reservists; (iii) to support and promote the continuing education and professional development of members of the force, protective services officers and police reservists; (c) review functions, being— (i) to hear and determine appeals under this Act; (ii) to conduct reviews under this Act; (d) general functions, being— (i) to advise the Minister, the Chief Commissioner and the office of the Chief Commissioner about s. 16 -- 38 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 35 Authorised by the Chief Parliamentary Counsel any matters related to its functions; (ii) to inquire into and report on any matter referred to the PRS Board by the Chief Commissioner or the Minister; (iii) any other functions conferred on it by or under this or any other Act. (2) In performing its registration functions and professional standards functions, the PRS Board must have regard to the advice of the Chief Commissioner. 87B Divisions of the PRS Board The following Divisions of the PRS Board are established for the purposes of performing the PRS Board's registration functions, professional standards functions and review functions— (a) the Registration Division, which is to perform the PRS Board's registration functions; (b) the Professional Standards Division, which is to perform the PRS Board's professional standards functions; (c) the Review Division, which is to perform the PRS Board's review functions. Note The PRS Board's registration functions are set out in section 87A(1)(a), its professional standards functions are set out in section 87A(1)(b) and its review functions are set out in section 87A(1)(c). s. 16 -- 39 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 36 Authorised by the Chief Parliamentary Counsel 87C Powers of the PRS Board The PRS Board has all the powers necessary to perform its functions, including the powers conferred on it by or under this or any other Act. Division 2—Membership 87D Membership of the PRS Board (1) The PRS Board consists of the following members, appointed by the Governor in Council on the recommendation of the Minister— (a) a President; and (b) 3 Deputy Presidents, of whom— (i) one must be a member of the force or a former member of the force; and (ii) one must have experience as a member of the academic staff of a tertiary institution; and (iii) one must be— (A) a former member of the force; or (B) a legal practitioner of at least 5 years standing; and (c) 3 members of the force nominated by a professional association that represents members of the force; and (d) 2 members of the force nominated by the Chief Commissioner; and (e) as many other members as are required for the proper functioning of the PRS Board. s. 16 -- 40 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 37 Authorised by the Chief Parliamentary Counsel (2) The Minister must not recommend a person for appointment to the PRS Board unless the Minister is satisfied that the person is capable of performing the duties of a member of the PRS Board. (3) A member holds office, subject to this Act, for the term specified in his or her instrument of appointment, not exceeding 5 years from the date of appointment, and is eligible for re-appointment. (4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. 87E Membership of Registration Division The Registration Division of the PRS Board consists of— (a) the President of the PRS Board; and (b) the Deputy President appointed under section 87D(1)(b)(i); and (c) the members appointed under section 87D(1)(c); and (d) the members appointed under section 87D(1)(d); and (e) a member of the PRS Board who is a member of the academic staff of a tertiary institution; and (f) a member of the PRS Board who is a legal practitioner of at least 5 years standing. s. 16 -- 41 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 38 Authorised by the Chief Parliamentary Counsel 87F Membership of Professional Standards Division The Professional Standards Division of the PRS Board consists of— (a) the President of the PRS Board; and (b) the Deputy President appointed under section 87D(1)(b)(ii); and (c) as many other members as are required for the proper functioning of the Division, each of whom must be— (i) a member of the academic staff of a tertiary institution; or (ii) a legal practitioner of at least 5 years standing; or (iii) a member or former member of the force. 87G Membership of Review Division The Review Division of the PRS Board consists of— (a) the President of the PRS Board; and (b) the Deputy President appointed under section 87D(1)(b)(iii); and (c) as many other members as are required for the proper functioning of the Division, none of whom may be a member of the force but at least one of whom must be— (i) a legal practitioner of at least 5 years standing; or (ii) a former member of the force. s. 16 -- 42 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 39 Authorised by the Chief Parliamentary Counsel 87H Allocation of members to Divisions of PRS Board The President allocates members of the PRS Board to Divisions of the Board in accordance with this Subdivision, and may allocate a member to more than one Division. 87I Remuneration A member of the PRS Board is entitled to be paid the remuneration and allowances (if any) fixed from time to time by the Governor in Council. 87J Accountability of the President The President of the PRS Board is accountable to the Minister for the performance of the functions of the PRS Board. 87K Vacancies, resignation and removal from office (1) The office of a member of the PRS Board becomes vacant if he or she— (a) becomes an insolvent under administration; or (b) is convicted of an offence punishable by imprisonment or an offence that, if committed in Victoria, would be punishable by imprisonment; or (c) resigns from office by delivering a signed letter of resignation to the Governor in Council; or (d) is removed from office under subsection (2). s. 16 -- 43 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 40 Authorised by the Chief Parliamentary Counsel (2) The Governor in Council, on the recommendation of the Minister, may remove a member from office if— (a) the member becomes incapable of performing his or her duties; or (b) the member is negligent in the performance of those duties; or (c) the member engages in improper conduct; or (d) the member is absent, without leave first being granted by the President, from 3 consecutive meetings of which reasonable notice has been given to the member; or (e) for any other reason the Minister is satisfied that the member is unfit to hold office. 87L Acting President, Deputy Presidents and other members (1) The Governor in Council may appoint a Deputy President of the PRS Board to act as President of the PRS Board— (a) during a vacancy in the office of President; or (b) if the President is absent or, for any other reason, is unable to perform the duties of office. (2) The Governor in Council may appoint a person to act as a Deputy President of the PRS Board of the PRS Board— (a) during a vacancy in the office of a Deputy President; or s. 16 -- 44 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 41 Authorised by the Chief Parliamentary Counsel (b) if a Deputy President is absent or, for any other reason, is unable to perform the duties of office. (3) The Governor in Council may— (a) determine the terms and conditions of appointment of an acting President or Deputy President; and (b) at any time terminate the appointment of an acting President or Deputy President. (4) The Minister may appoint a person to act as a member of the PRS Board (other than as President or Deputy President)— (a) during a vacancy in the office of a member of the PRS Board; or (b) if a member is absent or, for any other reason, is unable to perform the member's duties. (5) The Minister may— (a) determine the terms and conditions of appointment of an acting member (other than an acting President or Deputy President); and (b) at any time terminate the appointment of an acting member (other than an acting President or Deputy President). Division 3—General provisions for the PRS Board 87M Meetings of the PRS Board (1) Meetings of the PRS Board must be held at least every 3 months and at any other time at the request of a Deputy President. s. 16 -- 45 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 42 Authorised by the Chief Parliamentary Counsel (2) The President, or in his or her absence, a Deputy President, is to preside at a meeting of the PRS Board. (3) The quorum for a meeting of the PRS Board is a majority of the members for the time being of the Board, at least one of whom must be the President or a Deputy President. (4) A question arising at a meeting is to be decided by a majority of votes of the members present and voting on that question and, if the votes are equal, the person presiding at the meeting has a casting vote. (5) The PRS Board must keep a record of the decisions and full and accurate minutes of its meetings. (6) Subject to this Act, the PRS Board may regulate its own procedure. 87N Effect of vacancy or defect An act or decision of the PRS Board is not invalid only because of— (a) a vacancy in its membership; or (b) a defect or irregularity in the appointment of any of its members. 87O Immunity (1) A PRS Board officer is not personally liable for anything done or omitted to be done in good faith— (a) in the performance of a function under this Act; or (b) in the reasonable belief that the act or omission was in the performance of a function under this Act. s. 16 -- 46 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 43 Authorised by the Chief Parliamentary Counsel (2) Any liability arising from an act or omission that would, but for subsection (1), attach to a PRS Board officer, attaches instead to the PRS Board. (3) This section does not apply to the performance of a review function. Note See section 86AY(1) for protection of members performing review functions. 87P Staffing (1) Any employees that are necessary for the purposes of the functions of the PRS Board under this Act or any other Act may be employed under Part 3 of the Public Administration Act 2004. (2) The PRS Board may enter into agreements or arrangements for the use of the services of any staff of a government department, statutory authority or other public body. 87Q Confidentiality (1) A PRS Board officer must not, directly or indirectly, make a record of or disclose to someone else, any information acquired by the officer in the performance of functions under this Act, except as provided under this section. Penalty: 60 penalty units. (2) A PRS Board officer may make a record of or disclose information if— (a) the record or disclosure is necessary for the officer to perform his or her functions under this Act; or s. 16 -- 47 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 44 Authorised by the Chief Parliamentary Counsel (b) the record or disclosure is necessary for the purposes of obtaining of legal advice in relation to the performance of the functions of the officer or the PRS Board under this Act; or (c) the officer is required to do so under the Independent Broad-based Anti- corruption Commission Act 2011; or (d) the information relates to a person and the person to whom the information relates consents to the creation of the record or the disclosure; or (e) the record or disclosure is necessary for the PRS Board to complete its report of operations under the Financial Management Act 1994 and the information does not identify a person or their personal affairs. Division 4—Checks and investigations by the PRS Board 87R Checks and investigations for registration and provision of advice The powers in this Division may be exercised by the PRS Board for the purposes of— (a) determining whether to register an applicant under section 87Y or renew registration under section 87ZC; or (b) providing advice to the Chief Commissioner under section 9 or 9A in respect of a proposed appointment to the force. s. 16 -- 48 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 45 Authorised by the Chief Parliamentary Counsel 87S Criminal record and other checks For the purposes set out in section 87R, the PRS Board may require an applicant or proposed appointee to do any of the following— (a) obtain a check of the applicant's or proposed appointee's criminal record and provide the result of the check to the PRS Board; (b) submit to any tests required by the PRS Board; (c) provide the PRS Board with any references or reports; (d) provide the PRS Board with satisfactory evidence of recent service as a member of the force or as a member of the police force of another jurisdiction; (e) provide written consent for the PRS Board to obtain information about the applicant's or proposed appointee's previous service with the force or the police force of another jurisdiction. 87T Investigations and further information (1) For the purposes set out in section 87R, the PRS Board may— (a) conduct any investigations and make any enquiries it considers necessary; and (b) by written notice, require an applicant or proposed appointee to appear before the PRS Board, at the day, time and venue specified in the notice (being at least 21 days after the day on which the s. 16 -- 49 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 46 Authorised by the Chief Parliamentary Counsel notice is given to the applicant or proposed appointee) to— (i) answer any questions; and (ii) produce any documents specified in the notice; and (iii) provide any other information required by the PRS Board. (2) An applicant or proposed appointee may appear before the PRS Board by video link or any other means that the PRS Board considers appropriate. (3) The PRS Board may refuse to consider an application for registration or renewal of registration or to provide advice to the Chief Commissioner under section 9 or 9A if the applicant or proposed appointee fails to— (a) appear before the PRS Board at the day and time specified in a notice under subsection (1); or (b) answer questions asked by the PRS Board; or (c) produce documents specified in a notice under subsection (1) to the PRS Board; or (d) provide information required by the PRS Board. 87U Witness summons (1) For the purposes set out in section 87R, the President or Deputy President of the Registration Division may issue a summons to a person to attend the PRS Board to give evidence and produce any documents that are referred to in the summons. s. 16 -- 50 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 47 Authorised by the Chief Parliamentary Counsel Note Section 87V sets out how a summons may be served. (2) A person who has been properly served with a summons must not, without reasonable excuse, fail to— (a) attend as required by the summons until he or she has been excused or released from attendance by the PRS Board; or (b) produce any document referred to in the summons that is in his or her possession. Penalty: 10 penalty units. 87V Service of notices and summonses under this Division (1) A notice or summons required or permitted to be given to or served on a person under this Division may be given or served— (a) by delivering it personally to the person; or (b) by sending it by post, fax or email to the person at his or her usual or last known postal, fax or email address; or (c) by leaving it at the person's usual or last known residential or business address with a person on the premises apparently at least 16 years old and apparently residing or employed there. (2) A summons is to be taken to have been served on a person— (a) in the case of delivery in person—at the time of delivery; (b) in the case of posting—2 business days after the day on which the document was posted; s. 16 -- 51 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 48 Authorised by the Chief Parliamentary Counsel (c) in the case of fax or email—at the time the fax or email is received. (3) If a fax or email is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day. (4) In this section— business day means a day other than— (a) a Saturday or Sunday; or (b) a public holiday or half holiday in the place to where the summons is sent or delivered. __________________". 17 Part VAA inserted Before Part VA of the Principal Act insert— "PART VAA—REGISTRATION ON POLICE PROFESSION REGISTER Division 1—Registration 87W Qualifications for registration A person is qualified for registration under this Part if the person— (a) is of good character and reputation; and (b) has the qualifications and experience prescribed by the regulations for registration at a specified rank; and (c) has the aptitude and efficiency required to perform as a member of the force at a specified rank. s. 17 -- 52 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 49 Authorised by the Chief Parliamentary Counsel 87X Application for registration (1) A person may apply to the PRS Board for registration under this Part if the person is— (a) a member of the force who is absent on secondment to another body or institution or on leave without pay; or (b) a former member of the force, other than a former member of the force who has been dismissed from the force. Note Applications should be made to the Registration Division of the PRS Board, which performs the PRS Board's registration functions (see section 87A(1)(a) and 87B(a)). (2) An application must— (a) be made in writing in the form approved by the PRS Board; and (b) contain the information required by the PRS Board; and (c) be accompanied by— (i) evidence of the qualifications and experience that the applicant claims qualifies himself or herself to registration; and (ii) the prescribed application fee. 87Y Registration (1) The PRS Board may register an applicant if satisfied that the applicant is qualified for registration. Note Section 87W sets out the qualifications for registration. s. 17 -- 53 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 50 Authorised by the Chief Parliamentary Counsel (2) The PRS Board may register an applicant subject to any conditions that the PRS Board considers appropriate. (3) The PRS Board cannot refuse to register an applicant, or register an applicant subject to conditions, unless the PRS Board has— (a) informed the applicant of the PRS Board's intention to do so; and (b) given the applicant a reasonable opportunity to make submissions to the PRS Board; and (c) taken any submissions made by the applicant into account. (4) If the PRS Board registers an applicant, the PRS Board must— (a) enter details of the registration in the Police Profession Register; and (b) give the applicant a certificate of registration that includes— (i) the applicant's name; and (ii) the date on which the applicant was registered; and (iii) any conditions to which the registration is subject; and (iv) any prescribed information. (5) The PRS Board must notify the applicant in writing of its decision on the application. (6) If the PRS Board refuses to register an applicant, or registers an applicant subject to conditions, the notification under subsection (5) must include the reasons for the PRS Board's decision. s. 17 -- 54 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 51 Authorised by the Chief Parliamentary Counsel 87Z Commencement and duration of registration (1) Registration of a person under this Part takes effect when the PRS Board enters the details of the registration in the Police Profession Register. (2) Registration of a person under this Part remains in force until the earlier of— (a) the expiry of the period determined by the PRS Board and specified in the certificate of registration; or (b) the appointment of the person as a member of the force or the person's return to duty as a member of the force (as the case requires); or (c) the cancellation of the person's registration. Division 2—Renewal of registration 87ZA Board must notify person when registration about to expire The PRS Board must notify a person who is registered under this Part, in writing at least 2 months before the day on which the person's registration is due to expire— (a) that the person's registration is due to expire; and (b) that the person may apply to have their registration renewed; and (c) of the date on which the person's registration will expire. s. 17 -- 55 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 52 Authorised by the Chief Parliamentary Counsel 87ZB Application for renewal of registration (1) A person who is registered under this Part may apply to the PRS Board for renewal of registration. Note Applications should be made to the Registration Division of the PRS Board, which performs the PRS Board's registration functions (see sections 87A(1)(a) and 87B(a)). (2) An application for renewal must— (a) be in writing in the form approved by the PRS Board; and (b) contain the information required by the PRS Board; and (c) be accompanied by satisfactory evidence of— (i) the applicant's good character and reputation; and (ii) the applicant's qualifications and experience prescribed by the regulations for registration at a specified rank; and (iii) the applicant's aptitude and efficiency required to perform as a member of the force at a specified rank; and (d) be accompanied by the prescribed fee. (3) If the PRS Board has not decided a person's application for renewal of registration before the date that the registration would expire (but for this subsection), the registration continues until the later of— (a) the time when the PRS Board renews the person's registration; or s. 17 -- 56 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 53 Authorised by the Chief Parliamentary Counsel (b) the time when the PRS Board gives the person a notice of its refusal to renew the person's registration. 87ZC Renewal of registration (1) The PRS Board may renew a person's registration under this Part if it is satisfied that the applicant continues to be qualified for registration. Note Section 87W sets out the qualifications for registration. (2) The PRS Board may renew an applicant's registration subject to any conditions the PRS Board considers appropriate. (3) The PRS Board cannot refuse to renew a person's registration, or renew a person's registration subject to conditions, unless the PRS Board has— (a) informed the person of the PRS Board's intention to do so; and (b) given the person a reasonable opportunity to make submissions to the PRS Board; and (c) taken any submissions made by the applicant into account. (4) The PRS Board must notify, in writing, a person who has applied for renewal of registration of its decision on the application. (5) If the PRS Board refuses to renew a person's registration, or renews the person's registration subject to conditions, the notification under subsection (4) must include the reasons for the PRS Board's decision. s. 17 -- 57 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 54 Authorised by the Chief Parliamentary Counsel Division 3—Suspension and cancellation of registration 87ZD Mandatory suspension of registration (1) If the PRS Board receives a declaration by the Chief Commissioner that a person who is registered has been suspended from duty or directed to take leave from the force, the PRS Board must, by written notice, suspend the registration of the person under this Part. Note The Chief Commissioner may suspend a member from the force or direct a member to take leave under section 71 or 79. (2) A suspension of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board. (3) A suspension under this section remains in force until the earlier of— (a) the person's return to duty; or (b) the cancellation of the person's registration. Note If a member of the force is dismissed, his or her registration under this Part must be cancelled under section 87ZG. 87ZE Discretionary suspension of registration (1) The PRS Board, by written notice, may suspend the registration of a person under this Part on any of the following grounds— (a) the PRS Board has received information indicating that the person is not qualified for registration; or s. 17 -- 58 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 55 Authorised by the Chief Parliamentary Counsel (b) the PRS Board reasonably believes that the person's application for registration or renewal of registration contained information that was false or misleading; or (c) the Chief Commissioner notifies the PRS Board that an inquiry into a breach of discipline by the member has commenced. (2) A suspension of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board. (3) A suspension of registration under this section lasts until— (a) the PRS Board revokes the suspension; or (b) the PRS Board cancels the person's registration. Note Section 87A(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions. 87ZF Effect of suspension A person whose registration under this Part has been suspended is taken, during the period of suspension, not to be registered under this Part. 87ZG Mandatory cancellation of registration (1) The PRS Board must, by written notice, cancel the registration of a person under this Part on receiving a declaration by the Chief Commissioner that the person has been dismissed from the force. s. 17 -- 59 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 56 Authorised by the Chief Parliamentary Counsel (2) A cancellation of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board. 87ZH Notice of intention to cancel (1) The PRS Board may give a person who is registered under this Part a written notice (notice of intention to cancel) requiring the person to show cause, within the time specified in the notice, why the person's registration should not be cancelled if the PRS Board considers that— (a) the person is not qualified for registration; or (b) the person's application for registration or renewal of registration contained information that was false or misleading. Note Section 87W sets out the qualifications for registration. (2) The time specified in the notice of intention to cancel must be at least 21 days after the day on which the notice is given to the person. (3) If the person responds to the notice of intention to cancel within the time specified by the notice, or within any further time allowed by the PRS Board, the PRS Board must consider the person's response before cancelling the person's registration under this Part. Note Section 87A(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions. s. 17 -- 60 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 57 Authorised by the Chief Parliamentary Counsel 87ZI Cancellation following notice (1) Subject to this Part, the PRS Board may cancel the registration of a person to whom a notice of intention to cancel has been given under section 87ZH. Note If a person responds to a notice of intention to cancel within the time specified by the notice, or within any further time allowed by the PRS Board, the PRS Board must consider the person's response before cancelling the person's registration under this Part (see section 87ZH(3)). (2) If the PRS Board cancels the registration of a person under subsection (1), it must give written notice as soon as practicable to the person whose registration is cancelled. (3) Cancellation of registration takes effect from the day on which notice under subsection (2) is given to the person or on a later day specified in the notice. Note Section 87A(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions. 87ZJ Return of certificate on cancellation A person whose registration is cancelled under this Part must return his or her certificate of registration to the PRS Board within 28 days after the day on which the person receives notice of the cancellation. Penalty: 60 penalty units. s. 17 -- 61 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 58 Authorised by the Chief Parliamentary Counsel Division 4—Hearings 87ZK Hearings (1) The PRS Board may conduct a hearing if the President of the PRS Board or the Deputy President of the Registration Division determines that it is necessary to do so for the purposes of determining whether to— (a) grant or refuse an application for registration or renewal of registration; or (b) cancel the registration of a person to whom a notice of intention to cancel has been given. (2) The PRS Board must give written notice to an applicant for registration or renewal of registration or a person to whom a notice of intention to cancel was given (as the case requires) of the day, time and venue for the hearing. (3) For the purpose of conducting a hearing, the PRS Board is to be constituted by 3 members of the Registration Division, of whom— (a) at least one is the President or the Deputy President of the Registration Division; and (b) at least one is a legal practitioner of at least 5 years standing. (4) The President of the PRS Board or the Deputy President of the Registration Division must preside at the hearing. 87ZL Procedure at hearings (1) An applicant for registration or renewal of registration, or a person to whom a notice of intention to cancel was given— s. 17 -- 62 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 59 Authorised by the Chief Parliamentary Counsel (a) may appear at a hearing under section 87ZK; and (b) may be represented at the hearing by any person other than a legal practitioner. (2) The PRS Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit. (3) The PRS Board may require evidence to be given on oath and, for that purpose, a member of the PRS Board may administer an oath or cause an oath to be administered. (4) If a person has been given notice under section 87ZK(2) and fails to attend at the time and venue specified in the notice, the hearing may be held in the person's absence. (5) A question before the PRS Board at a hearing under this section must be decided according to the opinion of the majority of the members present. (6) The person presiding at the hearing has a deliberative vote and, if the members are equally divided in opinion, a second or casting vote. 87ZM Application for registration or renewal of registration hearings—Private unless otherwise ordered (1) Subject to this section, all hearings of the PRS Board to decide whether to refuse an application for registration or renewal of registration must be held in private. (2) The PRS Board, at the request of an applicant, may conduct a hearing in public. s. 17 -- 63 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 60 Authorised by the Chief Parliamentary Counsel (3) The PRS Board, on its own initiative, may conduct a hearing in public if the PRS Board is satisfied the holding of the hearing in public would facilitate the conduct of the proceedings or would otherwise be in the public interest. 87ZN Cancellation of registration hearings— Public unless otherwise ordered (1) Subject to this section, all hearings of the PRS Board to decide whether to cancel the registration of a person must be held in public. (2) The PRS Board, on the application of the person to whom a notice of intention to cancel was given, may direct that a hearing or any part of it be held in private. (3) The PRS Board, on its own initiative, may direct that a hearing or any part of it be held in private, if the PRS Board is satisfied that the holding of the hearing or part in private would facilitate the conduct of the proceedings or would otherwise be in the public interest. (4) If the PRS Board considers it necessary to do so in the public interest, it may make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information derived from the hearing or part, except by, or with the leave of, the PRS Board. (5) If an order is made under subsection (4), the PRS Board must cause a copy of the order to be displayed in a conspicuous place where the hearing is held. s. 17 -- 64 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 61 Authorised by the Chief Parliamentary Counsel (6) A person must not contravene an order made under subsection (4) that has been displayed in accordance with subsection (5). Penalty: 60 penalty units. Division 5—Police Profession Register 87ZO PRS Board to keep Police Profession Register (1) The PRS Board must keep a register (called the Police Profession Register) of persons registered under this Part. (2) The following particulars must be included on the Police Profession Register against the name of the person to whom they apply— (a) the person's Victoria Police registered number or former registered number (if any); (b) the date the person was first registered; (c) the person's contact address and particulars; (d) any conditions to which the registration is subject; (e) the date on which the registration expires. (3) The Police Profession Register may contain any other information the PRS Board considers appropriate. (4) The PRS Board must keep in a separate part of the Police Profession Register particulars of a person whose registration has been suspended or cancelled. (5) The Police Profession Register is to be kept in the form and manner determined by the PRS Board. s. 17 -- 65 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 62 Authorised by the Chief Parliamentary Counsel 87ZP Chief Commissioner to notify PRS Board of appointments and dismissals The Chief Commissioner must give written notice to the PRS Board as soon as practicable after— (a) a person registered under this Part is appointed as a member of the force; or (b) a person registered under this Part is dismissed from the force. Division 6—General 87ZQ Natural justice The PRS Board is bound by the rules of natural justice in the performance of its functions under this Part. 87ZR Service of notices under this Part (1) A notice or other document required or permitted to be given to or served on a person under this Part may be given or served— (a) by delivering it personally to the person; or (b) by sending it by post, fax or email to the person at his or her usual or last known postal, fax or email address; or (c) by leaving it at the person's usual or last known residential or business address with a person on the premises apparently at least 16 years old and apparently residing or employed there. (2) If a fax or email is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day. s. 17 -- 66 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 63 Authorised by the Chief Parliamentary Counsel (3) In this section— business day means a day other than— (a) a Saturday or Sunday; or (b) a public holiday or half holiday in the place to where the summons is sent or delivered. __________________". 18 Status and powers of a special constable In section 102N(3) of the Principal Act— (a) in paragraph (a), omit "8AA,"; (b) in paragraph (b), for "and (V)" substitute "and IVAA". 19 Appointment of police reservists In section 103(3) of the Principal Act, for "IVA and V" substitute "IVAA and IVA". 20 Appointment of protective services officers (1) In section 118B of the Principal Act— (a) in subsection (2), for "IVA and V" substitute "IVAA and IVA"; (b) subsections (4), (4A), (4B) and (5) are repealed; (c) in subsection (6), for "and in an appeal" substitute "under this section or an appeal under section 86AD". (2) After section 118B(6) of the Principal Act insert— "(6A) The Chief Commissioner must cause notice of the selection of a protective services officer for promotion to be published in the Police Gazette.". s. 18 -- 67 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 64 Authorised by the Chief Parliamentary Counsel 21 Regulations (1) In section 130(1) of the Principal Act— (a) for paragraph (f) substitute— "(f) appeals and reviews under Part IVAA;"; (b) in paragraph (h), for "Appeals Board" substitute "PRS Board"; (c) after paragraph (i) insert— "(ia) prescribing minimum education or training standards for various positions within the force or for re-entry of former members into the force; (ib) prescribing minimum education or training standards for the professional development of members of the force; (ic) prescribing requirements for appointment or re-appointment to the force in addition to any requirements specified in this Act;". (2) After section 130(1) of the Principal Act insert— "(2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and (c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or s. 21 -- 68 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 65 Authorised by the Chief Parliamentary Counsel (ii) formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (d) may leave anything for the approval or satisfaction of a specified person; and (e) may provide in a specified case or class of case for the exemption of persons or things or a specified class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified.". 22 New section 135 inserted After section 134 of the Principal Act insert— "135 Transitional provisions for Police Regulation Amendment Act 2012 (1) Division 4 of Part IV as in force immediately before the commencement of section 14 of the amending Act continues to apply to any inquiry that was begun but not completed before that commencement. (2) Division 1 of Part IVAA applies to— (a) a promotion or transfer decision made on or after the commencement of section 15 of the amending Act; and (b) a promotion or transfer decision made before the commencement of sections 7, 20(1)(b) and 15 of the amending Act, unless an appeal was lodged under section 8AA or 118B(4) s. 22 -- 69 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 66 Authorised by the Chief Parliamentary Counsel in relation to the decision before that commencement. (3) A reference in section 86AC(3) to an appeal lodged under that section includes a reference to an appeal lodged under section 8AA before the commencement of sections 7 and 15 of the amending Act. (4) A reference in section 86AD(2) to an appeal lodged under that section includes a reference to an appeal lodged under section 118B(4) before the commencement of sections 15 and 20(1)(b) of the amending Act. (5) Division 2 of Part IVAA applies to— (a) a decision referred to in section 86AH(1) made on or after the commencement of section 15 of the amending Act; and (b) a decision referred to in section 86AH(1) made before the commencement of section 15 of the amending Act, unless an application for review of the decision was made under section 91F(1) before that commencement. (6) Part V, as in force immediately before the commencement of sections 7, 16 and 20 of the amending Act, continues to apply to— (a) an appeal lodged under section 8AA or 118B before that commencement that had not been determined before that commencement; and (b) an application for review made under section 91F before that commencement that had not been determined before that commencement; and s. 22 -- 70 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 67 Authorised by the Chief Parliamentary Counsel (c) a determination made on or after that commencement under section 85 (as continued in operation by subsection (1) of this section) on an inquiry that was begun but not completed before the commencement of section 14 of the amending Act. (7) For the purposes of subsection (6), the Appeals Board continues to exist. (8) Despite anything to the contrary in Part V, on the commencement of section 16 of the amending Act— (a) the person who was chairperson of the Appeals Board immediately before that commencement becomes a Deputy President of the PRS Board, as if he or she had been appointed under section 87D(1)(b)(iii), for the remainder of his or her term of appointment under section 89 and on the same terms and conditions, and is eligible for reappointment under section 87D(1); (b) a person who was a deputy chairperson of the Appeals Board immediately before that commencement becomes a member of the PRS Board, as if he or she had been appointed under section 87D(1)(e), for the remainder of his or her term of appointment under section 89 and on the same terms and conditions, and is eligible for reappointment under section 87D(1). s. 22 -- 71 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 68 Authorised by the Chief Parliamentary Counsel (9) In this section— amending Act means the Police Regulation Amendment Act 2012; Appeals Board means the Appeals Board established by section 87 as in force immediately before the commencement of section 16 of the amending Act; promotion or transfer decision means— (a) the selection of a member of the force for promotion or transfer under section 8; or (b) the selection of a protective services officer for promotion under section 118B.". 23 Repeal of amending Act This Act is repealed on 1 April 2015. 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). ═══════════════ s. 23 -- 72 of 73 -- Police Regulation Amendment Act 2012 No. 77 of 2012 69 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 24 October 2012 Legislative Council: 15 November 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Police Regulation Act 1958 to establish a Police Registration and Services Board, to amend the provisions for appointments, transfers, appeals and reviews and to make miscellaneous amendments and for other purposes." Endnotes -- 73 of 73 --