Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 69

Notice of incapacity

    (1)     The Chief Commissioner may give a written notice under this section to a police officer or protective services officer if the Chief Commissioner reasonably believes that—

        (a)     the officer is incapable of performing his or her duties as a police officer or protective services officer; and

        (b)     the incapacity is not caused by any physical or mental impairment; and

        (c)     the incapacity has been the subject of remedial action which has not resolved the matter.

    (2)     A notice of incapacity must state—

        (a)     that the Chief Commissioner is considering taking any of the following actions, as specified in the notice—

              (i)     transferring the police officer or protective services officer to other duties that the Chief Commissioner believes are within the officer's capacity; or

              (ii)     reducing the officer's rank or seniority; or

              (iii)     both actions specified in subparagraphs (i) and (ii); or

              (iv)     dismissing the officer; and

        (b)     the grounds on which the Chief Commissioner believes that the officer is incapable of performing his or her duties; and

        (c)     that the officer may make written submissions to the Chief Commissioner on the matter within 21 days after receiving the notice.



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