Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 96

Chief Commissioner may have regard to evidence in certain circumstances

    (1)     The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction (other than a testing direction given under section 88(2))

        (a)     in managing the person's performance of his or her duties in relation to the consumption of drugs or alcohol; or

        (b)     if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Division 6 of Part 4, Part 7, Part 9 or Part 10 in respect of the person; or

        (c)     if the person is a special constable—in conducting an investigation under section 195 in respect of the person; or

        (d)     if the person is a Victoria Police employee—in relation to the making of a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or

        (e)     in a proceeding arising out of, or connected with, an investigation referred to in paragraph (b), (c) or (d).

    (2)     The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction given under section 88(2)

        (a)     if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Part 7, Part 9 or Part 10 in respect of the person; or

        (b)     if the person is a special constable—in conducting an investigation under section 195 in respect of the person; or

        (c)     in a proceeding arising out of, or connected with, an investigation referred to in paragraph (a) or (b).

    (3)     To avoid doubt, subsections (1) and (2) apply to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous management of the person's performance, inquiry, investigation, determination or proceeding of a kind referred to in subsection (1) or (2) (as the case requires).



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