Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 34

Transfer on application or request

    (1)     The Chief Commissioner may transfer a police officer to another position at the same rank on application or request by the officer.

    (2)     In determining a transfer under this section, the Chief Commissioner

        (a)     must have regard to the efficiency of the candidate for transfer; and

        (b)     if there is more than one candidate for transfer—

              (i)     must have regard to their relative efficiencies; and

              (ii)     subject to subsection (3), must not have regard to their relative seniority.

S. 34(3) substituted by No. 54/2016 s. 7.

    (3)     The Chief Commissioner must have regard to the relative seniority of candidates for transfer to a position in the following ranks if the Chief Commissioner considers that the candidates are equally efficient—

        (a)     senior sergeant;

        (b)     sergeant;

        (c)     senior constable;

        (d)     constable, if the position is the position of constable (general duties).

    (4)     Subsection (2) does not apply to—

S. 34(4)(a) amended by No. 19/2016 s. 4.

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

        (b)     a transfer made under an expression of interest process agreed under an industrial instrument applying to police officers.

    (5)     The Chief Commissioner must cause notice of the selection of a police officer for transfer under this section to be published in the Police Gazette.

    (6)     This section does not apply to a Deputy Commissioner or an Assistant Commissioner.



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