Version No. 150

Police Regulation Act 1958

No. 6338 of 1958

Version incorporating amendments as at
1 July 2013

table of provisions

Section Page

xi

Section Page

1 Short title and commencement 1

3 Definitions 1

Part I—Appointments and Retirements 14

4 Constitution of the police force 14

4AA Appointment of Acting Assistant Commissioner 16

4AB Appointment of Acting Chief Commissioner 17

5 Authority of Chief Commissioner and officers 19

6 Powers of Deputy Commissioner 20

6A Delegation by Chief Commissioner 21

7 Medical Board 22

8 Appointments to and promotions and transfers within the
force 23

8AB Grounds for promotion or transfer 25

8AC Directed transfers 26

8A Police recruits 27

9 Appointment of members from other jurisdictions 27

9A Appointment of former members of the force 28

10 Women to receive salaries etc. at same rate as men 29

11 Authority of constables 30

13 Oath to be taken by members of the force 32

14 Three months' notice of resignation to be given by members
of the force 33

15 Repute to be evidence of appointment 34

16 All powers vested in members of the force to cease upon discharge 34

16A Right to early retirement 34

16B Incapacitated officers 35

16C Abandonment of appointment 35

Part II—Duties and Discipline 36

17 Standing orders etc. 36

18A Assistance to coroners 36

19 Members of police force who may execute process and
warrants 36

20 Process directed to one may be executed by another 37

Part III—Superannuation Gratuities Pensions Allowances and Funds 38

Division 1—Provisions applicable to members of the force
appointed before November 25th 1902 38

21 Division to apply to appointments before 25November 1902 38

22 Rate of superannuation allowance 38

23 Superannuation on account of ill health 38

24 Gratuity or yearly pension to members disabled in the performance of duty 39

25 Gratuity to members retiring from ill health 39

26 Conditions on which pensions are withdrawable 40

27 Members retiring after twenty years' service 40

28 Gratuity or pension to relatives where life lost on duty 41

29 Allowances of retiring members to be considered when estimating gratuity etc. 41

30 Dismissed members not entitled to pension 41

36 Time in other branches to count 42

37 Provision not to apply to transfer to police force from other public departments 42

38 Definition of service in this Division 43

Division 2—Provisions applicable to members of the force
appointed on or after 25th November 1902 43

Introductory 43

39 Definitions 43

Application of this Division 45

40 Application to members of the force 45

Retirement pensions allowances and gratuities 47

42 Entitlement to pensions 47

42A Pensioner may elect to convert part of pension entitlement to lump sum payment entitlement 48

43 Pensions and gratuities to members of the force 49

44 Entitlement of partner to pension or gratuity 50

45 Allowances and gratuities to children and dependants 53

45A Registration of names of adult children 55

45B Registration of names of dependants 55

46 Scales of pensions, allowances and gratuities 56

46A Member may elect to increase partner's pension entitlement
in certain circumstances 57

46B Amount of pension payable to pensioner 59

46C Disclosure of contents of medical reports 61

Approved service 61

47 Service to be reckoned for pension 61

Grant revision forfeiture and offences in respect of pensions 62

50 Assignment of benefits 63

51 Payment of benefits if person is incapable of managing
financial affairs 63

52 Penalty for obtaining pension etc. by fraud 63

Rateable deductions 64

54 Dismissal etc. for misconduct 64

Saving of right of dismissal and reduction 66

56 Saving of right of dismissal and reduction in rank 66

Division 3—Additional provisions 66

Provisions of 1948 and 1949 66

57 Definitions 66

58 Pensions of members who retired before 2January 1948 66

59 Retrospective increase in certain widows' pensions 69

Provisions of 1950 72

60 Definitions 72

61 Increase of rates of pension to pensioners who retired before 30June 1950 73

62 Increase of rates of pension to widows entitled to pension
before 30 June 1950 73

63 Appropriate retrospective adjustments to be made 74

Provisions of 1955 and 1958 75

64 Retrospective payments to pensioners widows and children already entitled to pensions etc. 75

Provisions of 1960 77

64A Basic rate of pension 77

General provision about final salary 77

64B Final salary for superannuation benefit purposes 77

Provision for indexation 79

64C Indexation of pensions 79

Division 4—ESS Board 81

66 Applications for pensions, gratuities etc. 81

67B Preservation of minimum benefit 82

Division 5—Beneficiary choice program 83

67C Definitions 83

67D Application to participate 84

67E Commutation 84

Part IV—Employment, Disciplinary and Other Matters 86

Division 2—Discipline 87

69 Breaches of discipline 87

70 Preliminary investigation 90

71 Charging 91

72 Form of charge 92

73 Inquiry into a charge 92

74 Authorised officers 92

75 Procedure on an inquiry 93

76 Determination of the inquiry 94

77 Enforcement of the determination 95

78 Adjournment of charge 95

Division 3—Members alleged to have committed criminal offences punishable by imprisonment 96

79 Where member believed to have committed a criminal offence punishable by imprisonment 96

80 Where charge found proven against a member 97

81 Action not to be taken against a member twice 98

Division 4—Incapacity for duty 99

82 Definitions 99

83 Notice of incapacity 100

84 Determination of incapacity 101

Division 4A—Testing of Members for Alcohol or Drugs of Dependence 102

85A Definitions 102

85B Testing of members in certain circumstances 103

85C Chief Commissioner may have regard to evidence in certain circumstances 105

85D Taking of sample when member is unconscious or otherwise unable to comply with direction 105

85E Admissibility of test result in certain proceedings 106

85F Confidentiality of test results 107

85G Offence to disclose identifying information 107

85H Regulations 108

Division 5—Effect of suspension dismissal or reduction of rank
of a member 109

86 Suspension of a member 109

86AAA Forfeiture of salary by suspended member 110

86AA No compensation for dismissal or reduction of rank 110

Division 6—Annual report of Chief Commissioner 111

86AB Annual report of Chief Commissioner 111

Part IVAA—Appeals and Reviews 112

Division 1—Appeals 112

86AC Promotion and transfer appeals—Members of the force 112

86AD Promotion appeals—Protective services officers 113

86AE Constitution of PRS Board for appeal 114

86AF Appeal to be re-hearing 115

86AG Procedure on appeal 115

Division 2—Reviews 116

86AH What decisions are reviewable? 116

86AI Form and time limits for applying for review 118

86AJ Constitution of PRS Board for review 118

86AK Special procedure for review of directed transfers 119

86AL Chief Commissioner to lodge file in review of incapacity decisions 120

86AM PRS Board must have regard to public interest and
interests of applicant 120

86AN Powers of PRS Board on review of termination or
dismissal decisions 121

86AO Powers of PRS Board on review of certain demotion and transfer decisions 123

86AP Powers of PRS Board on review of other decisions 124

Division 3—General provisions for appeals and reviews 124

86AQ Natural justice 124

86AR General procedure 124

86AS Hearings to be public unless otherwise ordered 124

86AT Appearance and representation 125

86AU Evidence 125

86AV Witness summons 126

86AW Chief Commissioner to give effect to PRS Board orders
and decisions 127

86AX Contempt of PRS Board 127

86AY Protection of participants 128

86AZ Extension of time 128

Part IVA—Complaints and Investigations 130

Division 1—Preliminary 130

86A Definitions 130

86B Provisions of this Act prevail 131

86K Offences 133

Division 2—Complaints and investigations 135

86L Making of complaints 135

86LA Certain complaints to be referred to the Chief
Commissioner 139

86M Complaints made to a member of the force 139

86O Investigations by the Chief Commissioner 141

86Q Power to require answers etc. of a member of the force 143

86T Advice to complainant 144

86V Prohibition of victimisation 146

Part IVB—Investigation of Protected
Disclosure Complaints 150

Division 1—Preliminary 150

86W Definitions 150

Division 2—Investigations 150

86X Duty to investigate 150

86Y Power to require answers etc. of specified members of police personnel in certain investigations 150

86Z Person who made disclosure may request information about investigation 152

Division 3—Action on investigation 152

86ZA Chief Commissioner must take action 152

86ZB Chief Commissioner must report to the IBAC and may give Premier and Minister information 152

86ZC Premier and Minister may disclose information for purpose
of obtaining advice 153

86ZD Chief Commissioner must inform person who made disclosure of outcome of investigation 153

86ZE Chief Commissioner must not disclose information in
certain cases 154

Division 4—Disclosure of information 155

86ZF Definitions 155

86ZG Disclosure of information by the Chief Commissioner
and other police personnel 157

86ZH Disclosure of restricted matter prohibited 159

86ZI Chief Commissioner may authorise disclosure of restricted matter 162

Division 5—Investigation procedures 163

86ZJ Chief Commissioner must establish investigation
procedures 163

86ZK IBAC may review investigation procedures 164

86ZL Chief Commissioner must adopt recommendation or give
the IBAC reasons for not doing so 164

Division 6—Other matters 165

86ZM Chief Commissioner may request the IBAC to withdraw protected disclosure complaint 165

Part V—Police Registration and ServiceS Board 166

Division 1—Establishment and functions 166

87 Establishment of PRS Board 166

87A Functions of the PRS Board 166

87B Divisions of the PRS Board 168

87C Powers of the PRS Board 168

Division 2—Membership 168

87D Membership of the PRS Board 168

87E Membership of Registration Division 169

87F Membership of Professional Standards Division 170

87G Membership of Review Division 170

87H Allocation of members to Divisions of PRS Board 171

87I Remuneration 171

87J Accountability of the President 171

87K Vacancies, resignation and removal from office 171

87L Acting President, Deputy Presidents and other members 172

Division 3—General provisions for the PRS Board 173

87M Meetings of the PRS Board 173

87N Effect of vacancy or defect 174

87O Immunity 174

87P Staffing 175

87Q Confidentiality 175

Division 4—Checks and investigations by the PRS Board 176

87R Checks and investigations for registration and provision of
advice 176

87S Criminal record and other checks 176

87T Investigations and further information 177

87U Witness summons 178

87V Service of notices and summonses under this Division 178

Part VA—Enforcement 180

Division 1—Reinstatement 180

92 Reinstatement of certain discharged etc. members of force 180

Division 2—Offences 181

95 Bribery and corruption 181

96 Penalty for not delivering accoutrements 182

97 Penalty for personating etc. members of the force 183

98 Penalty on persons wrongfully obtaining admission into the
force 183

Division 3—Search and seizure 184

99 What is a relevant offence? 184

100 Entry, search and seizure 184

100A Search warrant 187

100B Announcement before entry 188

100C Details to be given to occupier or person in charge of
vehicle 189

100D Seizure of things not mentioned in the warrant 189

100E Copies of seized documents 190

100F Retention and return of seized things 190

100G Magistrates' Court may extend 6 month period 191

100H Things seized may be used in connection with
investigations into conduct 191

Division 4—Imprisonment 192

101 Imprisonment may be substituted for pecuniary penalties 192

102 Imprisonment in any place specially appointed 192

Part VC—Special Constables 194

Division 1—Appointment of special constables generally 194

102L Appointment of special constables 194

102M Oath or affirmation 195

102N Status and powers of special constable 196

102O Termination of appointment 197

102P Discipline 198

Division 2—Incidents requiring urgent cross-border assistance 199

102Q Declaration of incident 199

102R Period of declaration 200

102S Appointment of special constables during declared
incident 200

102T Oath or affirmation 201

102U Termination of appointment 201

Part VI—Retired Police Reserve 202

103 Appointment of police reservists 202

104 Qualifications 202

105 Oath 203

106 Powers and privileges 203

107 Duty of police reservists 203

108 Training 203

109 Discipline 204

110 Equipment and uniform 204

111 Resignation 204

112 Dismissal or termination of service 204

113 Cessation of powers on dismissal etc. 205

115B Long service leave 205

116 Obstructing etc. police reservists 206

117 Repute to be evidence of appointment 206

118 Regulations 206

Part VIA—Protective Services Officers 207

118A Definition 207

118B Appointment of protective services officers 207

118C Oath 209

118D Powers and privileges of officers 210

118E Direction and control of officers 210

118F Discipline 210

118G Resignation 210

118H Dismissal 211

118J Offence 211

118K Regulations 211

Part VIB—Disclosure of Vehicle Accident Information 212

118L Definitions 212

118M Declaration of non-Victorian statutory insurance scheme
laws and persons as statutory scheme insurers 216

118N Certain persons may request vehicle accident information from police 216

118O Form and content of application for vehicle accident information 217

118P Disclosure of vehicle accident information 218

118Q Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited 218

Part VIC—Agency Photographs 220

118R Chief Commissioner may authorise the giving of agency photographs to media organisations 220

118S Application for giving of agency photograph 221

118T Considerations to be taken into account in authorising the giving of agency photographs 221

118U Offences as to use of agency photographs 223

118V Notification of authorisation under section118R 224

118W Authorisation for media 224

118X Application for authorisation under section 118W 225

118Y Protection against actions for defamation or breach of confidence 225

118Z Protection in respect of offences 225

118ZA Procedure under section 124A not affected 226

Part VII—Miscellaneous Provisions 227

119 Governor may recommend increase of pensions etc. 227

120 Long service leave 227

120A Payment in lieu of long service leave on resignation or dismissal 231

120B Grant of long service leave to Chief Commissioner 231