Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 146

What decisions are reviewable?

    (1)     Subject to subsection (3), a police officer 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 officer's promotion; or

        (b)     to disallow the officer's promotion; or

        (c)     that the officer is unsuitable for promotion to a position of senior constable (general duties); or

        (d)     not to promote the officer, being a constable, to the rank of senior constable in the same position; or

        (e)     to reduce the officer's rank or seniority under section 70(2)(b) or (c), 132(1)(e) or  136(1)(a)(ii); or

        (f)     to reduce the officer's remuneration under section 132(1)(f) or 136(1)(a)(iii); or

        (g)     to transfer the officer under section 70(2)(a) or (c), 132(1)(g) or 136(1)(e); or

        (h)     to make a directed transfer of the officer under section 35; or

              (i)     to otherwise compulsorily transfer the officer; or

        (j)     to impose a fine on the officer under section 132(1)(c) or 136(1)(c) of an amount exceeding the amount that is 5 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ; or

        (k)     to impose a period of ineligibility in respect of the officer under section 132(1)(d) or  136(1)(d); or

        (l)     to terminate the officer's appointment; or

        (m)     to dismiss the officer under section 70(2)(d), 132(1)(h) or 136(1)(f).

Note

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

    (2)     A protective services officer 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 officer's promotion; or

        (b)     to disallow the officer's promotion; or

        (c)     to reduce the officer's rank or seniority under section 70(2)(b) or (c), 132(1)(e) or  136(1)(a)(ii); or

        (d)     to reduce the officer's remuneration under section 132(1)(f) or 136(1)(a)(iii); or

        (e)     to transfer the officer under section 70(2)(a) or (c), 132(1)(g) or 136(1)(e); or

        (f)     to make a directed transfer of the officer under section 44; or

        (g)     to otherwise compulsorily transfer the officer; or

        (h)     to impose a fine on the officer under section 132(1)(c) or 136(1)(c) of an amount exceeding the amount that is 5 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ; or

              (i)     to impose a period of ineligibility in respect of the officer under section 132(1)(d) or  136(1)(d); or

        (j)     to terminate the officer's appointment; or

        (k)     to dismiss the officer under section 70(2)(d), 132(1)(h) or 136(1)(f).

Note

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

    (3)     Subsection (1)(i) does not apply to the compulsory transfer of—

        (a)     a superintendent, chief superintendent or commander; or

S. 146(3)(b) amended by No. 19/2016 s. 6.

        (b)     an inspector or chief inspector except where the transfer is to or from a position that is located outside the Melbourne metropolitan area and the transfer is for a period of more than 6 months.

    (4)     In this section—

"general duties" means primary response and general patrol duties;

"police officer" includes a person who was a police officer immediately before his or her dismissal or the termination of his or her appointment;

"protective services officer" includes a person who was a protective services officer immediately before his or her dismissal or the termination of his or her appointment.



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