Victorian Numbered Acts

POLICE REGULATION AMENDMENT ACT 2012 (NO. 77 OF 2012) - SECT 10

After section 8A of the Principal Act insert —

        "     9     Appointment of members from other jurisdictions

    (1)     This section applies to the appointment to the force of a person who—

        (a)     has never been a member of the force; and

        (b)     is or has been a member of a police force of another jurisdiction.

    (2)     The Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person—

        (a)     is of good character and reputation; and

        (b)     either—

              (i)     has the qualifications and experience prescribed by the regulations for appointment at the proposed rank; or

              (ii)     subject to the satisfactory completion of training specified by the PRS Board, will have those qualifications and that experience; and
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        (c)     has the aptitude and efficiency to perform the duties of a member of the force at the proposed rank.

    (3)     Subject to section 87T(3), the PRS Board must comply with a request under subsection (2).

Note

The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part V gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 87T(3) the PRS Board may decline to provide advice in certain circumstances.

    (4)     The Chief Commissioner must consider the advice of the PRS Board in determining whether to appoint the person under section 8(1) and in determining the rank at which and position to which he or she is appointed.

        9A     Appointment of former members of the force

    (1)     This section applies to the appointment to the force of a person who has previously been a member of the force.

    (2)     The Chief Commissioner may appoint the person under section 8(1) if the person is registered on the Police Profession Register.

    (3)     If the person is not registered on the Police Profession Register, the Chief Commissioner may request the PRS Board to advise the Chief Commissioner in writing whether the person—

        (a)     is of good character and reputation; and

        (b)     either—

              (i)     has the qualifications and experience prescribed by the regulations for appointment at the proposed rank; or

              (ii)     subject to the satisfactory completion of training specified by the PRS Board, will have those qualifications and that experience; and

        (c)     has the aptitude and efficiency to perform the duties of a member of the force at the proposed rank.

    (4)     Subject to section 87T(3), the PRS Board must comply with a request under subsection (3).

Note

The functions of the PRS Board under this section are performed by the Registration Division. Division 4 of Part V gives certain investigatory powers to the PRS Board for the purposes of providing advice under this section. Under section 87T(3) the PRS Board may decline to provide advice in certain circumstances.

    (5)     If the PRS Board's advice has been requested under this section, the Chief Commissioner must consider the advice in determining whether to appoint the person under section 8(1) and in determining the rank at which and position to which he or she is appointed.".