Victorian Numbered Acts Victorian Numbered ActsBefore Part VA of the Principal Act insert —
A person is qualified for registration under this Part if the person—
(a) is of good character and reputation; and
(b) has the qualifications and experience prescribed by the regulations for registration at a specified rank; and
(c) has the aptitude and efficiency required to perform as a member of the force at a specified rank.
(1) A person may apply to the PRS Board for registration under this Part if the person is—
(a) a member of the force who is absent on secondment to another body or institution or on leave without pay; or
(b) a former member of the force, other than a former member of the force who has been dismissed from the force.
Note
Applications should be made to the Registration Division of the PRS Board, which performs the PRS Board's registration functions (see section 87A(1)(a) and 87B(a)).
(2) An application must—
(a) be made in writing in the form approved by the PRS Board; and
(b) contain the information required by the PRS Board; and
(c) be accompanied by—
(i) evidence of the qualifications and experience that the applicant claims qualifies himself or herself to registration; and
(ii) the prescribed application fee.
(1) The PRS Board may register an applicant if satisfied that the applicant is qualified for registration.
Note
Section 87W sets out the qualifications for registration.
(2) The PRS Board may register an applicant subject to any conditions that the PRS Board considers appropriate.
(3) The PRS Board cannot refuse to register an applicant, or register an applicant subject to conditions, unless the PRS Board has—
(a) informed the applicant of the PRS Board's intention to do so; and
(b) given the applicant a reasonable opportunity to make submissions to the PRS Board; and
(c) taken any submissions made by the applicant into account.
(4) If the PRS Board registers an applicant, the PRS Board must—
(a) enter details of the registration in the Police Profession Register; and
(b) give the applicant a certificate of registration that includes—
(i) the applicant's name; and
(ii) the date on which the applicant was registered; and
(iii) any conditions to which the registration is subject; and
(iv) any prescribed information.
(5) The PRS Board must notify the applicant in writing of its decision on the application.
(6) If the PRS Board refuses to register an applicant, or registers an applicant subject to conditions, the notification under subsection (5) must include the reasons for the PRS Board's decision.
(1) Registration of a person under this Part takes effect when the PRS Board enters the details of the registration in the Police Profession Register.
(2) Registration of a person under this Part remains in force until the earlier of—
(a) the expiry of the period determined by the PRS Board and specified in the certificate of registration; or
(b) the appointment of the person as a member of the force or the person's return to duty as a member of the force (as the case requires); or
(c) the cancellation of the person's registration.
The PRS Board must notify a person who is registered under this Part, in writing at least 2 months before the day on which the person's registration is due to expire—
(a) that the person's registration is due to expire; and
(b) that the person may apply to have their registration renewed; and
(c) of the date on which the person's registration will expire.
(1) A person who is registered under this Part may apply to the PRS Board for renewal of registration.
Note
Applications should be made to the Registration Division of the PRS Board, which performs the PRS Board's registration functions (see sections 87A(1)(a) and 87B(a)).
(2) An application for renewal must—
(a) be in writing in the form approved by the PRS Board; and
(b) contain the information required by the PRS Board; and
(c) be accompanied by satisfactory
evidence of—
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(i) the applicant's good character and reputation; and
(ii) the applicant's qualifications and experience prescribed by the regulations for registration at a specified rank; and
(iii) the applicant's aptitude and efficiency required to perform as a member of the force at a specified rank; and
(d) be accompanied by the prescribed fee.
(3) If the PRS Board has not decided a person's application for renewal of registration before the date that the registration would expire (but for this subsection), the registration continues until the later of—
(a) the time when the PRS Board renews the person's registration; or
(b) the time when the PRS Board gives the person a notice of its refusal to renew the person's registration.
(1) The PRS Board may renew a person's registration under this Part if it is satisfied that the applicant continues to be qualified for registration.
Note
Section 87W sets out the qualifications for registration.
(2) The PRS Board may renew an applicant's registration subject to any conditions the PRS Board considers appropriate.
(3) The PRS Board cannot refuse to renew a person's registration, or renew a person's registration subject to conditions, unless the PRS Board has—
(a) informed the person of the PRS Board's intention to do so; and
(b) given the person a reasonable opportunity to make submissions to the PRS Board; and
(c) taken any submissions made by the applicant into account.
(4) The PRS Board must notify, in writing, a person who has applied for renewal of registration of its decision on the application.
(5) If the PRS Board refuses to renew a person's registration, or renews the person's registration subject to conditions, the notification under subsection (4) must include the reasons for the PRS Board's decision.
(1) If the PRS Board receives a declaration by the Chief Commissioner that a person who is registered has been suspended from duty or directed to take leave from the force, the PRS Board must, by written notice, suspend the registration of the person under this Part.
Note
The Chief Commissioner may suspend a member from the force or direct a member to take leave under section 71 or 79.
(2) A suspension of registration under this
section takes effect when notice of the suspension is given to the person by
the PRS Board.
s. 17
(3) A suspension under this section remains in force until the earlier of—
(a) the person's return to duty; or
(b) the cancellation of the person's registration.
Note
If a member of the force is dismissed, his or her registration under this Part must be cancelled under section 87ZG.
(1) The PRS Board, by written notice, may suspend the registration of a person under this Part on any of the following grounds—
(a) the PRS Board has received information indicating that the person is not qualified for registration; or
(b) the PRS Board reasonably believes that the person's application for registration or renewal of registration contained information that was false or misleading; or
(c) the Chief Commissioner notifies the PRS Board that an inquiry into a breach of discipline by the member has commenced.
(2) A suspension of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board.
(3) A suspension of registration under this section lasts until—
(a) the PRS Board revokes the suspension; or
(b) the PRS Board cancels the person's registration.
Note
Section 87A(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions.
A person whose registration under this Part has been suspended is taken, during the period of suspension, not to be registered under this Part.
(1) The PRS Board must, by written notice, cancel the registration of a person under this Part on receiving a declaration by the Chief Commissioner that the person has been dismissed from the force.
(2) A cancellation of registration under this section takes effect when notice of the suspension is given to the person by the PRS Board.
(1) The PRS Board may give a person who is registered under this Part a written notice ( notice of intention to cancel ) requiring the person to show cause, within the time specified in the notice, why the person's registration should not be cancelled if the PRS Board considers that—
(a) the person is not qualified for registration; or
(b) the person's application for registration or renewal of registration contained information that was false or misleading.
Note
Section 87W sets out the qualifications for registration.
(2) The time specified in the notice of intention to cancel must be at least 21 days after the day on which the notice is given to the person.
(3) If the person responds to the notice of intention to cancel within the time specified by the notice, or within any further time allowed by the PRS Board, the PRS Board must consider the person's response before cancelling the person's registration under this Part.
Note
Section 87A(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions.
(1) Subject to this Part, the PRS Board may cancel the registration of a person to whom a notice of intention to cancel has been given under section 87ZH.
Note
If a person responds to a notice of intention to cancel within the time specified by the notice, or within any further time allowed by the PRS Board, the PRS Board must consider the person's response before cancelling the person's registration under this Part (see section 87ZH(3)).
(2) If the PRS Board cancels the registration of a person under subsection (1), it must give written notice as soon as practicable to the person whose registration is cancelled.
(3) Cancellation of registration takes effect from the day on which notice under subsection (2) is given to the person or on a later day specified in the notice.
Note
Section 87A(2) requires the PRS Board to have regard to the advice of the Chief Commissioner when performing its registration functions.
A person whose registration is cancelled under this Part must return his or her certificate of registration to the PRS Board within 28 days after the day on which the person receives notice of the cancellation.
Penalty: 60 penalty units.
(1) The PRS Board may conduct a hearing if the President of the PRS Board or the Deputy President of the Registration Division determines that it is necessary to do so for the purposes of determining whether to—
(a) grant or refuse an application for registration or renewal of registration; or
(b) cancel the registration of a person to whom a notice of intention to cancel has been given.
(2) The PRS Board must give written notice to an applicant for registration or renewal of registration or a person to whom a notice of intention to cancel was given (as the case requires) of the day, time and venue for the hearing.
(3) For the purpose of conducting a hearing, the PRS Board is to be constituted by 3 members of the Registration Division, of whom—
(a) at least one is the President or the Deputy President of the Registration Division; and
(b) at least one is a legal practitioner of at least 5 years standing.
(4) The President of the PRS Board or the Deputy President of the Registration Division must preside at the hearing.
(1) An applicant for registration or renewal of registration, or a person to whom a notice of intention to cancel was given—
(a) may appear at a hearing under section 87ZK; and
(b) may be represented at the hearing by any person other than a legal practitioner.
(2) The PRS Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit.
(3) The PRS Board may require evidence to be given on oath and, for that purpose, a member of the PRS Board may administer an oath or cause an oath to be administered.
(4) If a person has been given notice under section 87ZK(2) and fails to attend at the time and venue specified in the notice, the hearing may be held in the person's absence.
(5) A question before the PRS Board at a hearing under this section must be decided according to the opinion of the majority of the members present.
(6) The person presiding at the hearing has a deliberative vote and, if the members are equally divided in opinion, a second or casting vote.
(1) Subject to this section, all hearings of the PRS Board to decide whether to refuse an application for registration or renewal of registration must be held in private.
(2) The PRS Board, at the request of an applicant, may conduct a hearing in public.
(3) The PRS Board, on its own initiative, may conduct a hearing in public if the PRS Board is satisfied the holding of the hearing in public would facilitate the conduct of the proceedings or would otherwise be in the public interest.
(1) Subject to this section, all hearings of the PRS Board to decide whether to cancel the registration of a person must be held in public.
(2) The PRS Board, on the application of the person to whom a notice of intention to cancel was given, may direct that a hearing or any part of it be held in private.
(3) The PRS Board, on its own initiative, may direct that a hearing or any part of it be held in private, if the PRS Board is satisfied that the holding of the hearing or part in private would facilitate the conduct of the proceedings or would otherwise be in the public interest.
(4) If the PRS Board considers it necessary to do so in the public interest, it may make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information derived from the hearing or part, except by, or with the leave of, the PRS Board.
(5) If an order is made under subsection (4), the PRS Board must cause a copy of the order to be displayed in a conspicuous place where the hearing is held.
(6) A person must not contravene an order made under subsection (4) that has been displayed in accordance with subsection (5).
Penalty: 60 penalty units.
(1) The PRS Board must keep a register (called the Police Profession Register) of persons registered under this Part.
(2) The following particulars must be included on the Police Profession Register against the name of the person to whom they apply—
(a) the person's Victoria Police registered number or former registered number (if any);
(b) the date the person was first registered;
(c) the person's contact address and particulars;
(d) any conditions to which the registration is subject;
(e) the date on which the registration expires.
(3) The Police Profession Register may contain any other information the PRS Board considers appropriate.
(4) The PRS Board must keep in a separate part of the Police Profession Register particulars of a person whose registration has been suspended or cancelled.
(5) The Police Profession Register is to be kept in the form and manner determined by the PRS Board.
The Chief Commissioner must give written notice to the PRS Board as soon as practicable after—
(a) a person registered under this Part is appointed as a member of the force; or
(b) a person registered under this Part is dismissed from the force.
The PRS Board is bound by the rules of natural justice in the performance of its functions under this Part.
(1) A notice or other document required or permitted to be given to or served on a person under this Part may be given or served—
(a) by delivering it personally to the person; or
(b) by sending it by post, fax or email to the person at his or her usual or last known postal, fax or email address; or
(c) by leaving it at the person's usual or last known residential or business address with a person on the premises apparently at least 16 years old and apparently residing or employed there.
(2) If a fax or email is received after 4.00 p.m. on any day, it is to be taken to have been received on the next business day.
(3) In this section—
"business day" means a day other than—
(a) a Saturday or Sunday; or
(b) a public holiday or half holiday in the place to where the summons is sent or delivered.
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