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