Victorian Current Acts

VICTORIA POLICE ACT 2013 - SECT 141

    (1)     Subject to this section and the regulations, a police officer may appeal to the PRS Board against the selection of another police officer for promotion under section 31 or transfer under section 34 if—

        (a)     the officer applied for promotion or transfer to the position; and

        (b)     the officer considers, on the grounds referred to in subsection (4), that he or she has a better claim to promotion or transfer than the officer selected.

Note

The functions of the PRS Board in relation to appeals are performed by the Review Division.

    (2)     A police officer cannot appeal in relation to—

        (a)     a promotion or transfer to a position at the rank of superintendent, chief superintendent or commander; or

S. 141(2)(b) amended by No. 19/2016 s. 5(a).

        (b)     a transfer to a Metropolitan position of constable (general duties); or

S. 141(2)(c) amended by No. 19/2016 s. 5(b).

        (c)     a promotion to a position of senior constable (general duties); or

S. 141(2)(ca) inserted by No. 19/2016 s. 5(c).

        (ca)     a transfer to a Metropolitan position of senior constable (general duties); or

        (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 police officers.

    (3)     A police officer cannot appeal under this section if he or she has lodged an appeal under this section on 4 or more occasions in the current financial year—

        (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        (b)     whether or not any of those appeals were successful, unsuccessful or withdrawn.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;

S. 141(4)(ab) inserted by No. 54/2016 s. 12.

        (ab)     in relation to the rank of constable, if the position is the position of constable (general duties)—

              (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 31(5) or 34(5).