Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 132

Determination of the inquiry

    (1)     If, after considering all the submissions made at an inquiry, the person conducting the inquiry finds that the charge has been proved, the person conducting the inquiry may make one or more of the following determinations—

        (a)     to reprimand the police officer or protective services officer;

S. 132(1)(b) substituted by No. 2/2024 s. 47.

        (b)     to adjourn the hearing of the inquiry into the charge—

              (i)     on the condition that the officer be of good behaviour for a period not exceeding 12 months; and

              (ii)     on any other conditions specified in the determination in accordance with section 132A;

        (c)     to impose a fine not exceeding an amount that is 40 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ;

        (d)     to impose a period, not exceeding 2 years, during which the officer will not be eligible for promotion or transfer;

        (e)     to reduce the officer's rank or seniority;

        (f)     to reduce the officer's remuneration;

        (g)     to transfer the officer to other duties;

        (h)     to dismiss the officer.

    (2)     The person conducting the inquiry may also determine that the officer make any restitution or pay any compensation or costs that are appropriate for that matter.

    (3)     If the person conducting the inquiry reduces the officer's rank, the Chief Commissioner must determine the officer's seniority in relation to other officers of the rank to which the officer has been reduced.

    (4)     If the person conducting the inquiry finds that the charge has not been proved—

        (a)     any suspension against the officer relating to the charge expires; and

        (b)     if the officer has been suspended without pay, an amount equal to the pay the officer would have received during that period of suspension must be paid to the officer; and

        (c)     if the officer has been directed to take leave, the officer must be credited with any leave taken at that direction.

S. 132A inserted by No. 2/2024 s. 48.



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