Victorian Current Acts Victorian Current Acts(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
S. 96(1)(da) inserted by No. 37/2022 s. 17(1).
(da) if the person is a police recruit—in determining whether to terminate or extend the person's employment under section 36(5); or
S. 96(1)(db) inserted by No. 37/2022 s. 17(1).
(db) if the person is a protective services officer—in determining whether to terminate the person's appointment under section 38(6); 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
S. 96(2)(ba) inserted by No. 37/2022 s. 17(2).
(ba) if the person is a police recruit—in determining whether to terminate or extend the person's employment under section 36(5); or
S. 96(2)(bb) inserted by No. 37/2022 s. 17(2).
(bb) if the person is a protective services officer—in determining whether to terminate the person's appointment under section 38(6); 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).