Victorian Numbered Acts Victorian Numbered Acts(1) In section 11 of the Principal Act, for "Every constable" substitute "Subject to this section, every constable".
(2) At the end of section 11 of the Principal Act insert —
"(2) The Chief Commissioner may give a written notice under this subsection to a member of the force—
(a) who is about to begin, or is on, a period of leave without pay of 28 days or more, other than excluded leave; or
(b) who is on secondment to any organisation or body.
(3) If the Chief Commissioner gives a notice to a member of the force under subsection (2), subsection (1) does not apply to the member while the notice has effect.
(4) A notice given to a member of the force under subsection (2)—
(a) takes effect when the member is given the notice or at the later time determined by the Chief Commissioner and specified in the notice; and
(b) unless cancelled earlier under subsection (6), has effect until the later of—
(i) the expiry of the period determined by the Chief Commissioner and specified in the notice; or
(ii) the registration of the member on the Police Profession Register.
Note
See Part VAA for registration on the Police Profession Register.
(5) While a notice given to a member of the force under subsection (2) has effect—
(a) neither the Chief Commissioner nor any other member of the force has authority to give the member an instruction in respect of the member's performance of his or her functions or duties; and
(b) the member does not commit a breach of discipline under section 69 by failing to comply with a standing order or instruction of the Chief Commissioner.
(6) The Chief Commissioner may cancel a notice given to a member of the force under subsection (2) at any time by giving written notice of cancellation to the member.
(7) Nothing in this section affects the ability of the Chief Commissioner to end a member's secondment or leave without pay.
(8) A member of the force who is given a notice under subsection (2) must, as soon as practicable, surrender his or her police identification and any police equipment that is required by the Chief Commissioner to be surrendered under this subsection.
(9) In this section—
"excluded leave" means—
(a) maternity, paternity or parental leave; or
(b) compassionate leave; or
(c) study leave; or
(d) leave granted for the purposes of service with—
(i) another law enforcement agency; or
(ii) a professional association that represents members of the force;
"police equipment" means equipment issued to members of the force for use in the performance of their duties;
"police identification" means any thing that identifies, or purports to identify, a person who carries, holds or wears it, as a member of the force.".