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VICTORIA POLICE ACT 2013 - SCHEDULE 1

Schedule 1—Chief Commissioner, Deputy Chief Commissioners and Assistant Commissioners

Sections 17(2), 21(3) and 24(4) and (5).

Part 1—Chief Commissioner

        1     Terms and conditions of appointment of Chief Commissioner

    (1)     The Chief Commissioner holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

    (2)     The Chief Commissioner is eligible to be reappointed.

    (3)     The Chief Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in his or her instrument of appointment.

        2     When does the Chief Commissioner's office become vacant?

The office of Chief Commissioner becomes vacant if the Chief Commissioner

        (a)     becomes an insolvent under administration; or

Sch. 1 cl. 2(b) amended by No. 13/2019 s. 221(Sch.  1 item 59.2).

        (b)     becomes a represented person within the meaning of the Guardianship and Administration Act 2019 ; or

        (c)     resigns or retires in accordance with clause 3; or

        (d)     is removed from office under clause 4.

        3     Resignation or retirement of Chief Commissioner

    (1)     The Chief Commissioner may resign or retire by giving written notice of not less than 3 months to the Governor in Council.

    (2)     Despite subclause (1), the Governor in Council may accept the resignation or retirement of the Chief Commissioner on less than 3 months notice.

        4     Removal of Chief Commissioner

    (1)     The Governor in Council may remove the Chief Commissioner from office on the recommendation of the Minister on any of the grounds specified in subclause (2).

    (2)     The grounds for removal are that the Chief Commissioner

        (a)     has engaged in misconduct; or

        (b)     is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or

        (c)     has engaged in paid employment outside the office of Chief Commissioner without the prior consent of the Minister; or

        (d)     has brought Victoria Police into disrepute; or

        (e)     has neglected his or her duties; or

        (f)     is incapable of, or inefficient in, performing his or her duties.

        5     Suspension of Chief Commissioner

    (1)     The Governor in Council may suspend the Chief Commissioner from office on the recommendation of the Minister.

    (2)     The Minister may recommend suspension under subclause (1) only if he or she believes that grounds may exist for the removal of the Chief Commissioner from office under clause 4.

    (3)     The Governor in Council may lift the suspension and restore the Chief Commissioner to office at any time.

    (4)     The Governor in Council must lift the suspension and restore the Chief Commissioner to office at the expiry of the period of 30 days after the date of the suspension unless—

        (a)     the suspension has been lifted earlier under subclause (3); or

        (b)     the Chief Commissioner has been removed from office under clause 4.

Part 2—Deputy Commissioners

        6     Terms and conditions of appointment of Deputy Commissioners

    (1)     A Deputy Commissioner holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment.

    (2)     A Deputy Commissioner is eligible to be reappointed.

    (3)     A Deputy Commissioner is appointed on the terms and conditions (including remuneration and allowances) that are specified in his or her instrument of appointment.

        7     When does a Deputy Commissioner's office become vacant?

The office of a Deputy Commissioner becomes vacant if the Deputy Commissioner

        (a)     becomes an insolvent under administration; or

Sch. 1 cl. 7(b) amended by No. 13/2019 s. 221(Sch.  1 item 59.2).

        (b)     becomes a represented person within the meaning of the Guardianship and Administration Act 2019 ; or

        (c)     resigns or retires in accordance with clause 8; or

        (d)     is removed from office under clause 9.

        8     Resignation or retirement of Deputy Commissioners

    (1)     A Deputy Commissioner may resign or retire by giving written notice of not less than 3 months to the Governor in Council.

    (2)     Despite subclause (1), the Governor in Council may accept the resignation or retirement of a Deputy Commissioner on less than 3 months notice.

        9     Removal of Deputy Commissioners

    (1)     The Governor in Council may remove a Deputy Commissioner from office on the recommendation of the Minister on any of the grounds specified in subclause (2).

    (2)     The grounds for removal are that the Deputy Commissioner

        (a)     has engaged in misconduct; or

        (b)     is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or

        (c)     has engaged in paid employment outside the office of Deputy Commissioner without the prior consent of the Chief Commissioner; or

        (d)     has brought Victoria Police into disrepute; or

        (e)     has neglected his or her duties; or

        (f)     is incapable of, or inefficient in, performing his or her duties.

    (3)     The Minister must consult the Chief Commissioner before recommending that a Deputy Commissioner be removed from office.

        10     Suspension of Deputy Commissioner

    (1)     The Governor in Council may suspend a Deputy Commissioner from office on the recommendation of the Minister.

    (2)     The Minister may recommend suspension under subclause (1) only if he or she believes that grounds may exist for the removal of the Deputy Commissioner from office under clause 9.

    (3)     The Governor in Council may lift the suspension and restore the Deputy Commissioner to office at any time.

    (4)     The Governor in Council must lift the suspension and restore the Deputy Commissioner to office at the expiry of the period of 30 days after the date of the suspension unless—

        (a)     the suspension has been lifted earlier under subclause (3); or

        (b)     the Deputy Commissioner has been removed from office under clause 9.

Part 3—Assistant Commissioners

        11     Employment of Assistant Commissioners governed by contract

    (1)     The employment of an Assistant Commissioner is to be governed by a contract of employment between the Assistant Commissioner and the Chief Commissioner.

    (2)     The contract must be in writing and be signed by or on behalf of the Assistant Commissioner and the Chief Commissioner.

    (3)     The contract must specify the date on which it expires which must not be more than 5 years after the date on which it comes into force.

    (4)     Performance criteria contained in the contract must relate to management matters only.

    (5)     The contract may be varied at any time by a further contract between the Assistant Commissioner and the Chief Commissioner but its term cannot be increased beyond 5 years.

        12     Disciplinary standards

    (1)     The contract of employment of an Assistant Commissioner must hold the Assistant Commissioner to standards of discipline that are at least as high as those generally applicable to police officers under this Act.

    (2)     In particular, the contract must provide that the Chief Commissioner may terminate the contract if satisfied that the Assistant Commissioner has committed a breach of discipline.

    (3)     Subclause (2) does not limit the grounds that may be specified in the contract for termination of the contract by the Chief Commissioner.

    (4)     Part 7 of this Act (other than section 125) does not apply to an Assistant Commissioner.

        13     Ill-health retirement

    (1)     The contract of employment of an Assistant Commissioner must provide for the Chief Commissioner to cause the Assistant Commissioner to be retired in similar circumstances to those in which a police officer may be retired under section 67.

    (2)     Section 67 does not apply to an Assistant Commissioner.

        14     Incapacity for duty

Division 6 of Part 4 of this Act does not apply to an Assistant Commissioner.

        15     Reduction in remuneration

The Chief Commissioner may reduce the remuneration of an Assistant Commissioner in any manner that is consistent with the terms and conditions of the contract of employment.

        16     Termination of employment by Chief Commissioner

The Chief Commissioner may terminate the employment of an Assistant Commissioner for any reason consistent with the terms and conditions of the contract of employment.

        17     No compensation

    (1)     An Assistant Commissioner is not entitled to any compensation as a result of—

        (a)     the termination of his or her employment as an Assistant Commissioner; or

        (b)     his or her remuneration being reduced.

    (2)     Subclause (1) is subject to the Assistant Commissioner's contract of employment.

        18     Resignation or retirement of Assistant Commissioners

    (1)     An Assistant Commissioner may resign or retire by giving written notice of not less than 3 months to the Chief Commissioner.

    (2)     Despite subclause (1), the Chief Commissioner may accept the resignation or retirement of an Assistant Commissioner on less than 3 months notice.

        19     Right of reversion to former rank on termination or expiry of contract

    (1)     This clause applies if—

        (a)     a person was a police officer immediately before his or her first employment as an Assistant Commissioner; and

        (b)     since that first employment the person has been continuously employed as an Assistant Commissioner; and

        (c)     the person ceases to be employed as an Assistant Commissioner

              (i)     for any reason on the initiative of the Chief Commissioner (other than where the employment is terminated for breach of discipline or for any other disciplinary reason, or where the Assistant Commissioner is retired on the ground of ill-health); or

              (ii)     because of the expiry of his or her contract of employment.

    (2)     The person is entitled to revert to his or her appointment as a police officer at the rank he or she held immediately before his or her first employment as an Assistant Commissioner.

    (3)     The regulations may specify how the remuneration to which the person is entitled on his or her reversion under this clause is to be determined.

    (4)     A person who exercises his or her entitlement under this clause is not entitled to any payment in lieu of notice on the termination of his or her contract of employment as an Assistant Commissioner despite anything to the contrary in the contract.

    (5)     A person may exercise an entitlement under this clause even if that would result in non-compliance with an Order in effect under section 15(1).



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