no. 6338. police regulation act 1958. an act …1958. police regulation. no. 6338 1095 no. 6338....

1958. Police Regulation. No. 6338 1095

No. 6338.

POLICE REG U LA TIO N ACT 1958.

An Act to consolidate the Law relating to the Police Force in Victoria.(a)

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Police Regulation Act 1958, Shorttitie and shall come into operation on a day to be fixed by proclamation j ™,"1 !** of the Governor in Council published in the Government Gazette, division, and is divided into Parts and Divisions as follows :— Part I.—Appointments ss. 4-16. Part II.—Duties and Discipline ss. 17-20.

' Division 1.—Provisions applicable to Members of the Force appointed before November 25th 1902 ss. 21-38.

Division 2.—Provisions applicable to Members of the Force appointed on or after November 25th 1902 ss. 39-56.

Division 3.—Additional Provisions ss. 57-64.

Division 4.—Police Superannuation Board ss. 65-67.

As to special constables, see Unlawful Assemblies and Processions Act 1958, sections 13-25, and Public Safety Preservation Act 1958, section 10.

As to water police, see Seamen's Act 1958, sections 3 and 4. A member of the Police Force may lawfully be appointed to act as a

bailiff. See Supreme Court Act 1958, section 201.

Part III.—Superannuation Retirement Gratuities Pensions Allowances and Funds ss. 21-67.

1096 1958. Police Regulation. No. 6338

Repeal. First Schedule.

Interpretation. No. 3750 s. 3.

" The force."

" Member of the force."

' Part.'

Part IV.—Police Classification Board ss. 68—86. Part V.—Inquiries into Misconduct and Penalties ss. 87-102. Part VI.—Retired Police Reserve ss. 103-118. Part VII.—Miscellaneous Provisions ss. 119-130.

2. (1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed ;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order direction application direction determination certificate appointment condition notice liability or right made effected issued granted given presented passed fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

3. In this Act unless inconsistent with context or subject-matter—

" The force" means officers and other members of the police force of Victoria whether employed upon land or upon water.

" Member of the force" shall apply to every person (whether male or female) employed in the force.

" Part " means Part of this Act.

Chief Commissioner of Police officers and sergeants. No. 3750 s. 4; No. 4592 s. 2, No 5126 s. 23 (1) (a).

PART I.—APPOINTMENTS.

4. (1) The Governor in Council may from time to time appoint a Chief Commissioner of Police (hereinafter referred to as the Chief Commissioner) in and for Victoria and so many superintendents inspectors sub-inspectors and other officers of different grades and so many sergeants of police as he deems necessary, and he may also from time to time suspend reduce discharge or dismiss any such Chief Commissioner and may, but only in accordance with the provisions of Part V. of this Act, suspend dismiss discharge or reduce any such officer or sergeant.


(2) Any appointment of a superintendent inspector Appointment sub-inspector or other officer or sergeant shall be subject to such sergeants on period of probation not exceeding twelve months as is determined Probation-by the Governor in Council.

5 . The Chief Commissioner shall have, subject to the Authority of directions of the Governor in Council, the superintendence and missioner control of the force, and all officers of police shall have the ^ w o T s superintendence and control of that portion of the force which is placed under their charge subject to the authority herein conferred upon the Chief Commissioner and to the regulations made or to be made by the Governor in Council as is hereinafter provided.

6. The Governor in Council may- when circumstances so AcUng.chief require appoint a member of the force to act in the place of doner!18" the Chief Commissioner, and such acting Chief Commissioner S'5126 s'25 shall have all the powers conferred and be subject to the duties imposed by this or any other Act upon the Chief Commissioner.

7. (1) The Governor in Council may from time to time appoint Medical three legally qualified medical practitioners as a Board hereinafter ^Twos T designated the Medical Board for the purpose of examining the N"',4!?2

members of the force at such periods as the regulations for the time being in force may require ; and the Governor in Council may from time to time remove any member of such Board, and appoint another in his stead.

(2) Any two members of such Board shall form a quorum and shall have and may exercise and perform all or any of the powers and duties of such Board.

8. (1) The Chief Commissioner may from time to time Appointment appoint so many persons (whether male or female) to be of constables. constables first constables and senior constables as the Governor S°- ?ISSs-1:

• /-1 -i xt-- 1 No. 4592 s. 3. in Council thinks necessary. No. 5126 J s. 23(1) (4). (2) Any such appointment shall be subject to such period of

probation not exceeding twelve months as is determined by the Chief Commissioner.

(3) The Governor in Council may disallow any such appointment.

(4) The Chief Commissioner may, but only in accordance with the provisions of Part V. of this Act, suspend dismiss discharge or reduce any constable first constable or senior constable.

9. (1) The Chief Commissioner may from time to time Junior police appoint so many fit male persons to be junior police trainees as ^"swo 9.2. the Minister deems necessary and notwithstanding anything in Part V. of this Act may dismiss or discharge any junior police trainee at any time.


(2) Every junior police trainee so appointed shall be a member of the force but shall not take the oath prescribed by section thirteen of this Act and shall not be capable of exercising the powers of a constable.

(3) Upon attaining the minimum age prescribed for appointment as a constable a junior police trainee who is otherwise eligible shall be appointed as a constable in preference to any candidate for appointment who is not a junior police trainee.

wmnento 10 . Women who are members of the force shall be entitled salaries &c. at to receive salaries wages and allowances at the same rates as men sarne rate as of corresponding rank who are members of the force are entitled No. 3750 s. 9. to receive.

1 1 . Every constable shall have such powers and privileges and be liable to all such duties as any constable duly appointed now has or hereafter may have either by the common law or by virtue of any Act of Parliament now or hereafter to be in force in Victoria, and any member of the police force of higher rank than a constable shall have all the powers and privileges of a constable whether conferred by this Act or otherwise.

Qualifications 12 . Every person appointed to be a member of the force of the force, must be able to read and write; and any person who has been NO. 3750 s. ii. convicted of any indictable offence or who is the servant of any

person or who keeps a house for the sale of wine beer or spirituous liquors ( a ) shall not be appointed to be a member of the force.

1 3 . ( 1 ) Any person appointed to be a member of the force, except aboriginal natives and Chinese, shall not be capable of acting in any way as such member until he has taken and subscribed the oath set forth in Form A of the Second Schedule.

(2 ) The said oath shall be administered by any justice who before administering such oath shall inquire of the person appearing before him to take the same if he is fully aware of the provisions of this Act, and such oath shall in all cases be subscribed by the person taking the same ; and the oath so taken by the Chief Commissioner shall be forthwith transmitted to the Chief Secretary by the justice before whom the same was taken, and the oaths so taken and subscribed by all other persons appointed to any office under this Act shall be forwarded by the justice before whom the same were taken to the Chief Commissioner.

Authority of constables. No. 3750 s. 10.

Oath to be taken by members of the force. No. 3750 ss. 12, 13. Second Schedule, Form A.

(a) See Licensing Act 1958, section 26.


(3) Every person who has taken and subscribed such oath shall be taken to have, from the day on which such oath has been taken and subscribed, thereby entered into a written agreement with, and shall be thereby bound to serve Her Majesty as a member of the force, and in whatsoever capacity he is hereinafter required to serve, and at the current rate of pay of any rank to which he is appointed or reduced until legally discharged ; and such agreement shall not be set aside cancelled or annulled for want of reciprocity, but every such agreement shall be determined by the discharge dismissal or other removal from office of any such person, or by the acceptance of the resignation of the Chief Commissioner or of any officer by the Governor in Council, or by the acceptance of the resignation of any sergeant or constable by the Chief Commissioner.

Oath equivalent to agreement.

14. No member of the force shall be at liberty to resign his office or to withdraw himself from the duties thereof notwithstanding the period of his engagement has expired unless expressly authorized in writing so to do by the Chief Commissioner or unless he gives to such Chief Commissioner three months' notice in writing of his intention so to resign or withdraw.

Three months' notice of resignation to be given by members of the force. No. 3750 s. 14.

15. If any question arises as to the right of the Chief Commissioner or other member of the force to hold or exercise the duties of his office, common reputation shall be deemed prima facie evidence of such right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsover in proof of such right.

Repute to be evidence of appointment. No. 3750 s. 15.

16. When any member of the force is discharged or dismissed from or otherwise ceases to hold and exercise his office, all powers and authorities vested in him as a member of the force shall immediately cease.

All powers vested in members of the force to cease upon dischaiye.

No. 3750 s. 16.

The Governor in Council to make rules.

PART I I .—DUTIES AND DISCIPLINE.

17. The Governor in Council may from time to time make rules orders and regulations (o) for the government of the members of the force, with respect to all matters necessary for making the No. 3750 s. 17. force efficient for the discharge of their respective duties, and may vary alter and repeal such rules orders and regulations made under this Act or under any corresponding previous enactment.

18. Every sergeant and constable when not prevented by Sergeants and

being engaged on other duty shall attend on the justices at the attend general

general and petty sessions which may be held at the respective Msticms* places where such sergeant or constable is stationed.(6) No. 3750 s. is.

(a) See also section 130. (b) As to police attendance at criminal sittings, see Crimes Act 1958, Part

III., Division 1, Subdivision (12).


sergeants and 19. Every sergeant and constable shall execute all process to eSte6 8 1 0 him directed for levying the amount of any recognisance forfeited w S i " 1 to Her Majesty or of any fine imposed on any persons at any No. 3750 s. i9. sitting of the Supreme Court whether in Melbourne or elsewhere

or at any court of general or petty sessions or of any other fine imposed under any Act in force in Victoria, and every sergeant and constable shall obey and execute all the lawful summonses warrants executions orders and commands of justices at general or petty sessions in all cases civil or criminal.

Process directed to one may be executed by another.

20. Any process or any warrant order or command of any court or any justice directed delivered or given to any sergeant or constable shall and may be executed and enforced by any other

No. 3750 s. 20. member of the force or his assistants, and every such last-mentioned member of the force and his assistants shall have the same rights powers and authorities for and in the execution of such process warrant order or command, as if the same had been originally directed to him or them expressly by name.la)

PART III.—SUPERANNUATION RETIREMENT GRATUITIES PENSIONS ALLOWANCES AND FUNDS.

Division to apply to appointments before 25th November, 1902. No. W O s. 21.

DIVISION 1. PROVISIONS APPLICABLE TO MEMBERS OF THE FORCE APPOINTED BEFORE NOVEMBER 25TH 1902. (*>

21. Subject to the provisions of section forty this Division shall apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two who were serving as such on the first day of January One thousand nine hundred and twenty-four or subsequently to the said date and shall not apply to members of the force appointed on or after the twenty-fifth day of November One thousand nine hundred and two.

Superannuation. Rate of superannuation allowance. No. 3750 s. 22.

22. Any member of the force who has served for a period of not less than ten years and has attained the full age of fifty-five years may be superannuated, and shall on retirement receive at his option either a gratuity of one month's pay for each year's service, or a yearly pension according to the following scale; that is to say, after ten years' service ten-fiftieths of the pay received by him during the period of twelve consecutive months immediately preceding the date of his retirement and an increase of one-fiftieth for each succeeding year up to thirty years' service completed.

Superannuation on account of ill-health. No. 3750 s 23. Third Schedulo.

23. (1) When any member of the force has served for ten years and has not attained the full age of fifty-five years, if a certificate to the effect set forth in the Third Schedule signed by the members of the Medical Board is forwarded to the Governor

(a) See also Justices Act 1958, section 26, and Second Schedule, Forms 8, 9, &c.

(b) See also Division 3 of this Part

1958. Police Regulation. No. 6338 110J

in Council by the said Board, the Governor in Council may superannuate such member, and he shall thereupon be entitled to receive at his option the gratuity or the pension provided by the last preceding section for members of the force who have attained the full age of fifty-five years.

(2) Should any member of the force to whom a pension has on or after the twenty-first day of September One thousand nine hundred and fourteen been granted die before the sum to which he would have been entitled on his retirement as a gratuity has been received by him by way of pension then the difference between such sum and the amount actually received by him shall be paid to his widow and children.

Pension may be commuted tor gratuity on death after pension granted.

24. When any member of the force has served for a less period than ten years, if without his own default and in the discharge of his duty he receives such bodily injury as to incapacitate him for active service, he may retire from the force, and the Governor in Council may grant to such member a gratuity not exceeding one month's pay for each year's service or a yearly pension not exceeding half the pay received by him during the year preceding his retirement, or in the event of his death before so retiring such gratuity shall be granted to his widow and children.

Gratuity or yearly pension to members disabled in the performance of duty. No. J750 s. 24.

25. When any member of the force has served for a less Gratuity to period than ten years, if a certificate to the effect set forth in the miringfrom Third Schedule signed by the members of the Medical Board is ij,1"1"^',, 25 forwarded to the Chief Commissioner, such member shall be T^ld entitled to his discharge and to receive a gratuity of one month's schedule, pay for each year of service at his then rate of pay.

No. 3750 s 26.

26. Any pension or retiring allowance shall be granted to Conditions members of the force only upon the condition that it is liable to p io1™are be forfeited and may be withdrawn by the Governor in Council w"Mrawable-in any of the following casesu' :—

(a) On conviction of the grantee for any indictable offence ;

(b) On his knowingly associating with suspected persons thieves or other offenders ;

(c) On his refusing to give information and assistance to the police whenever in his power for the detection and apprehension of criminals, and for the suppression of any disturbance of the public peace ;

(d) On his refusing to resume his duties in his former office in the force when required by the Governor in Council;

(a) See section 51.


Members retiring .ifter twenty years' service. Nr>. 3750 s. 27.

(e) If he enters into or continues to carry on any business occupation or employment which in the opinion of the Governor in Council is disgraceful oi injurious to the public or in which he makes use of the fact of his former employment in the police force in a manner which the Governor in Council considers to be discreditable and improper.

27. Every member of the force who has attained the age of forty years, and who has served not less than twenty years, shall be entitled to retire upon a gratuity at the rate of one month's pay for every year of service.

Gratuity or pension to relatives where life lost on duty. No. 3750 s. 28.

28. Should any member of the force lose his life in the discharge of his duty, a gratuity or pension equal to what he would have been entitled to if he had reached the age of fifty-five years shall be paid to his widow or children or to any other relative of such member depending upon him for support as the Governor in Council may determine.

Allowances of retiring members to he considered when estimating gratuitv &c. No. 3750 s. 29.

29. Where under this Act the amount of any gratuity or retiring allowance to be granted to any member of the force is based upon the rate of pay of such member of the force, such rate of pay shall be understood to include not only the salary or wages which he may receive but likewise a money equivalent for the several allowances to which he is entitled as a member of the force, and the rate of this equivalent shall be estimated for each year by the Governor in Council.

Dismissed members not entitled to pension. No. 3750 s. 30.

Treasurer to hold stock in trust. No. 3750 s. 31.

30. No member of the force who has been discharged or dismissed therefrom for misconduct of any kind shall be entitled to any pension gratuity or allowance.

31. All stock standing to the credit of the Police Superannuation Account shall be held in trust by the Treasurer for the time being for and on behalf of the Police Superannuation Fund, and no transfer of any such stock shall be entered or registered unless the transfer thereof is countersigned by the Auditor-General.

Annual payment to be made to fund from Consolidated Revenue., No. 3750 s. 32.

Of what the annual income of Police Superannuation Fund is to consist. No. 3750 s. 33.

32. There shall be paid yearly and every year into, and to the credit of, the said fund the sum of Two thousand pounds, and such sum shall be paid out of the Consolidated Revenue which is hereby appropriated for that purpose accordingly.

33. The interest accruing from the sum invested in Victorian Government stock, and any sum appropriated from the Consolidated Revenue, together with all fines imposed on any members of the force, and all penalties or portions of penalties and damages awarded to any member of the force by any justice

1958. Police Regulation. N o . 6338 1103

or justices on summary conviction as the prosecutor of any information or otherwise shall be deemed the annual income of the Police Superannuation Fund ( o ) and shall be kept in a separate account in the Treasury ; and such annual income shall be permanently appropriated to the payment of gratuities and pensions under this Act.

3 4 . If such income is insufficient to liquidate all gratuities and Deductions pensions authorized as aforesaid in any year the Governor i n and wages Council may direct that a deduction of a sum not exceeding two and a half per centum from the salaries and wages of all members of the force for such year be made to meet such deficiency, and subject thereto any further deficiency shall be paid out of the Consolidated Revenue in such manner as shall be provided by Parliament.

and vote by Parliament to meet deficiency. No. 3750 s. 34.

35. Any surplus income of the Police Superannuation Fund surplus may be invested in the purchase of Victorian Government stock invested.

in the name of the Treasurer which shall be placed to the credit of NO. 37508.3s. the Police Superannuation Account .

36. Any member of the force claiming a gratuity or pension Time in other shall be entitled to count as service in the force any period count.besl° served by him in any other branch of the public service of NO. 3750 s. 36. Victoria before he became a member of the force.

37. The last preceding section shall not apply to any person Provision not who after the first day of November One thousand eight hundred uansfe"?" and ninety-five has been or is transferred to the police force from SSifotSe? any other branch of the public service unless such person was departments. appointed to some office in the public service prior to the passing NO. 3750 s. 37. of the Act No . 710 and was employed continuously in the public service until such transfer.

For the purposes of this and the last preceding section the departments corresponding to the departments subject to^ the Railways Act 1958 and to Part IX . of The Constitution Act Amendment Act 1958 respectively and the department formerly subject to the Defence Act 1890 shall be deemed to have been branches of the public service.

Interpretation of service in this Division.

3 8 . In this Division the words " se rv ice" or " s e rved" wherever occurring shall, as from the first day of November One thousand eight hundred and ninety-five and so far only as regards No. 3750 s. 38 any persons transferred to the police force as hereinbefore mentioned, be taken to refer to service in the police force.

(a) See Licensing Act 1958, section 290, and see also Auction Sales Act 1958, section 42, and Seamen's Act 1958, section 4.


Interpretation. No. 3750 s. 39; No. 4592 3 . 5 ( 1 ) . " Medical certificate." Third Schedule.

'• Pay."

" Police Pensions Fund."

DIVISION 2 . PROVISIONS APPLICABLE TO MEMBERS OF THE FORCE APPOINTED ON OR AFTER NOVEMBER 25TH 1 9 0 2 .

Introductory.

39. (1) In this Division unless inconsistent with the contexl or subject-matter—

" Medical certificate " means a certificate in the form or to the effect of Form A or Form B of the Third Schedule to this Act, signed by not less than two of the members of the Medical Board.

" Pay " means only salary or wages and does not include any allowances or any money equivalent for any allowances which (in addition to his salary or wages) a member of the force is entitled to receive as such.

" Police Pensions Fund " means the Police Pensions Fund established under Part I. of the Police Pensions Act 1923 and continued under this Division.

" Police Superannuation Board" means the Police Superannuation Board under Division four of this Part.

(2) For the purposes of this Division— (a) the expression " total disablement" means total loss

of earning capacity in any employment, and in the case of partial disablement the degree of disablement shall be based upon the degree to which earning capacity is affected ;

(b) any injury suffered by a member of the force— (i) whilst on duty or whilst on a journey

necessary to enable him to report for duty or to return home after duty; or

(ii) whilst not on duty in the performance of some act which is within the scope of his ordinary duties ; or

(iii) in consequence of some act performed in the execution of his duty ;

shall be deemed to have been suffered in the execution of his duty ; and

(c) any injury intentionally inflicted or incurred in the performance of a duty involving special risks shall be deemed to be a non-accidental injury.

Application of this Division Application 40. (1) This Division shall apply to members of the force Sthl'tOTc" appointed on or after the twenty-fifth day of November One No. 3750 s. 40. thousand nine hundred and two who were serving as such on

the first day of January One thousand nine hundred and

" Police Superannuation Board."

" Total disablemeni."

Injuries.

Non-accidental injuries.


twenty-four and to members of the force appointed after the said date and save as hereinafter provided shall not apply to members of the force appointed before the twenty-fifth day of November One thousand nine hundred and two.

(2) When a member of the force appointed before the twenty-fifth day of November One thousand nine hundred and two and serving as such on the first day of January One thousand nine hundred and twenty-four gave before the first day of April One thousand nine hundred and twenty-four notice in writing to the Chief Secretary of his desire that the provisions of Part 1. of the Police Pensions Act 1923 as in sub-sections (3) and (4) of section twenty-one thereof modified should extend and apply to him then the provisions of this Division shall extend and apply to such member, except only that any rateable deductions made from his pay pursuant to this Division shall be paid into the Police Superannuation Fund and any pension gratuity or allowance payable to him or to his widow children or dependants (if any) shall be paid out of that fund and not out of the Police Pensions Fund; and the provisions of Division one of this Part shall cease to apply with respect to such member accordingly.

(3) The provisions of this Division, unless otherwise expressly stated, shall apply to the Chief Commissioner in like manner, so nearly as circumstances admit, as they apply to any other member of the force, except that the certificate of approved service may be given by the Chief Secretary and that the Chief Commissioner shall be entitled after not less than ten years' approved service to receive an ordinary pension for life calculated in accordance with scale number two in the table in the Fourth Schedule to this Act and subject to the provisions and the general rules in the said Schedule.

Application to the Chief Commissioner of Police.

Fourth Schedule

4 1 . The provisions of this Division in its application to Application members of the force who are women (in this section referred to policewomen0

as "pol icewomen") shall have effect subject to the following No.3750s.41. modifications:—

(a) No provision relating to pensions gratuities or other payments to or for the benefit of the widow or wife of a member or ex-member of the force shall apply to the widower or husband of a policewoman;

(b) No allowance or gratuity shall be payable in respect of any child of a deceased policewoman during the lifetime of the father except where the Police Superannuation Board is satisfied that he cannot support the child.

http://No.3750s.41


Retirement Pensions Allowances and Gratuities.

ralSpuisory ^" (*) Retirement shall be compulsory in the force— retirement.

NJam8"421 ( a ) f° r senior constables first constables and constables, ••a'o). on attaining the age of fifty-five ;

(b) for superintendents inspectors sub-inspectors and other officers of different grades and sergeants, on attaining the age of sixty ; and

(c) for the Chief Commissioner, on attaining the age of sixty-five—

except that in special cases the Governor in Council may require any such person to serve in the force for a further period or periods not exceeding five years in al l ; and any such person so required shall (subject to his right to retire under the next succeeding section) serve for such further period or periods ; and if any such person refuses to serve as aforesaid he shall not be entitled to any pension or gratuity but there shall be paid to him the whole of the rateable deductions which have been made from his pay without any interest thereon.

Where a person has been or is required to serve for a further period or periods pursuant to the foregoing provisions of this sub-section and at the first day of July One thousand nine hundred and fifty-six or at any time thereafter that person was or is so serving as a first constable or constable performing special guard duty at the Shrine of Remembrance and at Government House or either of them, then the Governor in Council may with the consent of that person further extend the period of his service in the force for another period or periods but not extending beyond his attaining the age of sixty-five and so that such further extended service shall be confined to the performance of special guard duty as aforesaid.

(2) Retirement shall also be compulsory for any member of the force who has served as such for not less than thirty years and who if he is the Chief Commissioner or a superintendent inspector sub-inspector or other officer or sergeant is required by the Governor in Council, or if he is a senior constable or constable is required by the Chief Commissioner to retire on the ground that his retention in the force would not be in the interests of efficiency.

(3) Upon his retirement under this section every member of the force shall be entitled to receive an ordinary pension for life.


43. Subject to the provisions of this Division every member Pensions and _ « 4.u c gratuities to 01 the IOrce members of

the force.

(a) if he has completed ten years approved service and NO. 3750s.43. is incapacitated for the performance of his duty by infirmity of mind or body, shall be entitled on a medical certificate to retire and receive an ordinary pension for life; and

(b) if at any time he is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, shall be entitled on a medical certificate to retire and receive a special pension for life; and

(c) if he has not completed ten years' approved service and is incapacitated for the performance of his duty by infirmity of mind or body not occasioned by such injury as aforesaid, shall be entitled on a medical certificate to retire and receive a gratuity.

44. Subject to the provisions of this Division— (a) where a member of the force dies whilst serving in

the force or whilst in receipt of a pension or in consequence of any disease or injury on account of which he retired from the force his widow shall be entitled to a widow's ordinary pension; and

(b) where in any case a member of the force dies whilst serving in the force from the effects of an injury received in the execution of his duty without his own default, or (having been granted a pension in respect of any such injury) dies from the effect of such injury, his widow shall be entitled (where the injury was accidental) to a widow's ordinary pension; and (where the injury was non-accidental) to a widow's special pension; and

(c) where a widow is entitled to a pension under this Division and the Police Superannuation Board is satisfied that there are special reasons for recommending the grant of a gratuity in lieu thereof, the Governor in Council may at his discretion and with her consent grant her a gratuity accordingly.

45. Subject to the provisions of this Division— (a) where a member of the force dies whilst in the force,

or where a member of the force having been granted a pension dies his children under sixteen years of age shall be entitled to allowances until they severally reach the age of sixteen years; and

Pensions and gratuities to widows. No. 3 ' 5 0 S . 4 4 ; No. 5126 s. 26 (1) , (2) 00.

Allowances and gratuities to children and dependants. No. 3750 s. 45; No. 4592 s . 7 ( 2 ) .


(b) where a child of a member of the force is entitled to an allowance under this Division and the Police Superannuation Board for special reasons recommends the grant of a gratuity in lieu thereof, the Governor in Council may with the consent of the man's widow, or if he leaves no widow the guardian of the child, grant a gratuity accordingly; and

(c) where a member of the force dies whilst in the force, or where a member of the force (having been granted a pension) dies within twelve months after the grant of the pension, or at any time from the effects of an injury received in the execution of his duty without his own default, and the said Board recommends the grant of a gratuity to any relative who has been wholly or mainly dependent upon such member the Governor in Council may grant such a gratuity.

Scales of pensions allowances and gratuities. No. 3750 s. 46; No. 4592 s. 6, No. 5460 s. 3. Fourth Schedule.

46. The pensions allowances and gratuities payable under this Division shall be in accordance with the scales and provisions contained in the Fourth Schedule to this Act; and the general rules contained in Part III. of the said Schedule shall apply to such pensions allowances and gratuities.

Service to be reckoned for pension. No. 3750 s. 47*. No. 5448 s. 2.

" Approved service."

Approved Service.

47. (1) The service of a member of the force for the purposes of this Division (including service during any period declared by regulations to be a period of probationary service) shall be subject to such deductions in respect of sickness misconduct or neglect of duty as may be made therefrom in pursuance of any regulations, not exceeding the period during which he is absent from duty on account of sickness misconduct or neglect of duty (as the case may be).

(2) The expression " approved service" shall, for the purposes of this Division, mean such service as may, after such deductions as aforesaid (if any), be certified by the Chief Commssioner to have been diligent and faithful service and, in the case of a member of the police force who having been a member of the land sea or air forces of any part of the Queen's dominions joined the police force within a period of twelve months from the date of his discharge from such forces, shall include his war service.

(3) Where a deduction is made from the service of a member of the force in respect of sickness misconduct or neglect of duty, notice of the deduction shall be given to him as soon as may be after the occurrence of the cause for which the deduction is made;


No. 37S0 s. 48.

and he may appeal to the Chief Commissioner against any act of any superior officer which prevents him from reckoning any period of actual service as approved service and any period of actual service allowed by the Chief Commissioner on such appeal shall be deemed to be approved service.

(4) For the purposes of this section "war service" means service with the land sea or air forces of any part of the Queen's dominions during the war which commenced in the year One thousand nine hundred and fourteen or during the war which commenced in the year One thousand nine hundred and thirty-nine or any continuation thereof.

Grant Revision Forfeiture and Offences in respect of Pensions.

48. (1) Before a pension or gratuity is granted on the Proof of ground that a member of the force is incapacitated by infirmity duty? liability of mind or body for the performance of his duty the Police Prevision" Superannuation Board shall be satisfied by a medical certificate °T

fpe1°

s °n-

that he is so incapacitated and that the incapacity is likely to be permanent.

(2) Where an application is made for a special pension the Police Superannuation Board shall also be satisfied that the injury was received in the execution of duty, that it was received without the default of the applicant, and that the infirmity is attributable to the injury; and shall determine whether the injury was accidental or not and the degree of disablement; and for the purpose of determining any of the said questions which ought to be determined on medical grounds shall act on a medical certificate.

(3) Where any pension is granted on the ground of incapacity for the performance of duty the Police Superannuation Board shall, yearly or otherwise, until the power under this section of requiring the pensioner to serve again ceases, satisfy itself that the incapacity continues, and unless it resolves that such evidence is unnecessary shall satisfy itself by the like evidence as above mentioned.

(4) In the event of the incapacity ceasing before the time at which the pensioner would, if he had continued to serve, have reached the age of compulsory retirement applicable to his case the Governor in Council on the recommendation of the Medical Board may cancel his pension and require him to serve again in the force in a rank not lower than the rank which he held before his retirement on the ground of incapacity and at a rate of pay not less than that on which his pension was calculated.


(5) Where a pensioner so serves again the provisions of this Division shall apply as if he had not previously retired, save that (except where the pension was granted in respect of a non-accidental injury received in the execution of duty) he shall not reckon as approved service the time which elapsed between his former retirement and the recommencement of his service.

(6) Any special pension shall be granted for such period as may be fixed by the Governor in Council, and if at the expiration of that period the degree of disablement is unaltered the pension shall at the discretion of the Governor in Council be either renewed from time to time or made permanent. If within five years of the pensioner's retirement or at any time before the pension is made permanent the Governor in Council is satisfied on a medical certificate that the degree of the pensioner's disablement has substantially altered the pension shall be re-assessed according to the degree of disablement.

(7) If a member of the force or pensioner refuses or wilfully or negligently fails when required by or under this Act to be examined by the Medical Board, then he may be dealt with in all respects as if the Police Superannuation Board or the Governor in Council (as the case may be) were satisfied by a medical certificate as to whether he is incapacitated for the performance of duty or (as the case may be) as to the degree of his disablement.

(8) Where for the purposes of this section any person is medically examined by the Medical Board and is dissatisfied with its opinion on any medical question he may appeal in accordance with the regulations to an independent Board of three legally qualified medical practitioners appointed for the purpose by the Chief Secretary, and the decision of such independent Board on such question shall be final and conclusive.

Power to reduce pension &c. where infirmity is due to misconduct. No. 3750 s. 49.

49. Where a member of the force retires on account of infirmity of mind or body and the Police Superannuation Board is satisfied on a medical certificate that he has brought about or contributed to the infirmity by his own default or his vicious habits the Governor in Council may in his discretion reduce the amount of his pension or gratuity by an amount not exceeding one-half of that to which he would be otherwise entitled.

General provisions as to pensions &c. No. 3750 s. 50.

50. The following provisions shall have effect with respect to every pension allowance and gratuity (in this section referred to as a " grant") payable out of the Police Pensions Fund to any person (in this section referred to as " the pensioner " ) : —

(1) Every assignment of and charge on a grant and every agreement to assign or charge a grant shall (except so far as made for the benefit of the


family of the pensioner) be void, and on the bankruptcy or insolvency of the pensioner the grant shall not pass to any trustee or other person acting on behalf of the creditors.

(2) Where any pensioner or any person whom the pensioner is liable to maintain is admitted into or maintained by or receives relief from any registered institution under the Hospitals and Charities Act 1958 the whole or any part of the grant or of the instalment thereof next due may if the Police Superannuation Board so recommends be paid to the committee of the institution for or towards the cost of such maintenance or relief.

(3) If the pensioner neglects to maintain any person whom the pensioner is liable to maintain the whole or any part of the grant may if the said Board so recommends be applied to or for the benefit of that person.

(4) Where any sum is due from the pensioner to the Government of Victoria or the Police Pensions Fund the amount of any such sum may be deducted from the grant.

(5) On the death of a pensioner to whom a sum not exceeding One hundred pounds is due on account of a grant, then if a law officer so directs, probate or other proof of the title of the personal representative of the deceased may be dispensed with and the sum may be paid or distributed to or among the persons appearing to the law officer to be beneficially entitled to the personal estate of the deceased pensioner or to or among any one or more of those persons, or, in the case of the illegitimacy of the deceased pensioner, to or among such persons as the law officer thinks fit; and the Government of Victoria and any officer making the payment shall be discharged from all liability in respect of any such payment or distribution.

(6) Any sum payable to a minor on account of a grant may be paid either to the minor or to such person and on such conditions for the benefit of the minor as the said Board recommends.

(7) Where a payment is made to any person in pursuance of this section the receipt of that person shall be a good discharge for the sum so paid.


p°M?onure of 51 . (1) Every pension under this Division is granted only No. 3750 s. si. upon the condition that it is liable to be forfeited and may be

withdrawn by the Governor in Council in any of the following cases,(fl) that is to say, if the grantee—

(a) is convicted of any indictable offence; or

(b) knowingly associates with thieves or reputed thieves suspected persons or other offenders; or

(c) refuses to give to the police all information and assistance in the power of the grantee for the detection of crime, for the apprehension of criminals or for the suppression of any disturbance of the public peace; or

(d) refuses to resume his duties in his former office in the force when required by the Governor in Council; or

(e) enters into or continues to carry on any business occupation or employment which is illegal or in the opinion of the Governor in Council is disgraceful or injurious to the public, or in which the grantee makes use of the fact of his former employment in the force in a manner which the Governor in Council considers to be discreditable or improper; or

(/) supplies to any person or publishes in a manner which the Governor in Council considers to be discreditable or improper any information which the grantee may have obtained in the course of employment in the force; or

(g) solicits or without the consent of the Chief Secretary accepts directly or indirectly any testimonial or gift of a pecuniary value on retirement from the force, or otherwise in connexion with his services in the force.

(2) Such forfeiture and withdrawal may affect the pension wholly or in part, and may be permanent or temporary as the Governor in Council may determine, but in the event of the pension being wholly forfeited there shall be paid to him the whole or a due proportion thereof to be certified by the Government Statist of the rateable deductions which have been made from his pay without any interest thereon.

penalty for 52 . (1 ) Every person who obtains or attempts to obtain for peJisionL. himself or for any other person—

NO'TTSOS 52 ( f l) a n y P e n s i ° n gratuity or allowance under this Division or any payment on account thereof; or

(a) See section 26.


(b) the return of any rateable deductions from pay under this Division—

by means of any false declaration, false certificate, false representation, false evidence, or personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, shall be liable on conviction on presentment to imprisonment for a term of not more than two years, or on summary conviction to imprisonment for a term of not more than three months or to a penalty of not more than Twenty-five pounds, and in any case to forfeit any pension gratuity allowance or other sum so obtained.

(2) Any penalty imposed or sum forfeited for an offence under this section shall be paid into the Police Pensions Fund.

Rateable Deductions.

53. (1) There shall be deducted from the pay of every Rateable member of the force sums at the rate of four and one-half per fromVaT* centum per annum in the case of male members of the force and H°--HiSs" «3;

i t i p • f f N°* 4592 s.»,

two and one-half per centum per annum in the case of female N°'6004SI7' members of the force (in this Act referred to as " rateable deductions " ) :

Provided that no rateable deduction shall be made from the pay of any member of the force during any period for which he is required to serve or for which his service is further extended and for which he serves in the force after the age of compulsory retirement applicable to his case.

(2) Except as provided in section forty of this Act the sum so deducted shall be paid into the Police Pensions Fund.

54. (1) A member of the force who for misconduct of any Dismissal &c. kind has been discharged or dismissed therefrom or has been misconduct, required to retire as an alternative to dismissal shall not be H0-?^9-^:

. , , . . . . . -»*.. . . N o . 4 5 9 2 8 . 9 .

entitled to any pension or gratuity under this Division. (2) Where a member of the force not having been Return of

discharged or dismissed for misconduct of any kind or required deductions in to retire as an alternative to dismissal, leaves the force without a certaincases-pension or gratuity, there shall be paid to him the whole of the rateable deductions which have been made from his pay without any interest thereon:

Provided that where a member of the force is required to retire as an alternative to dismissal there may on the recommendation of the Police Superannuation Board be paid to him the whole or any part of such rateable deductions as aforesaid, or the same may be applied in such manner as the said Board recommends for the benefit of his wife or children (if


Payment of rateable deductins to personal representative in certain cases.

any); and, where a member of the force is for misconduct of any kind discharged or dismissed, the whole or any part of such rateable deductions as aforesaid may be applied in such manner as the said Board recommends for the benefit of his wife or children (if any).

(3) On the death before retirement of a member of the force who leaves no widow there shall be paid to the personal representative of such member the whole of the rateable deductions which have been made from the pay of such member without any interest thereon, less the amount certified by the Police Superannuation Board to be necessary to pay any allowance or gratuity payable to the children or any relative of such member.

Police Pensions Fund.

Establishment 55. (1) There shall be established and kept in the Treasury NO

F3750S 55- a n a c c o u n t t o be called the " Police Pensions Fund " (hereinafter NO! wis s: 2.' referred to as " the Fund " ) .

Payments into Fund.

Investment of surplus.

Payments out of Fund.

(2) There shall be paid into the Fund— (a) in each and every financial year the sum of Fifty

thousand pounds out of the Consolidated Revenue which is hereby to the necessary extent appropriated accordingly;

(b) all rateable deductions from the pay of members of the force made pursuant to this Division;

(c) all interest on surplus moneys in the Fund invested as hereinafter provided; and

(d) all other moneys payable into the Fund under this or any future Act.

(3) All moneys standing to the credit of the Fund at the end of any financial year shall be invested in the name of the Treasurer of Victoria—

(a) in any of the securities referred to in sub-section (1) of section four of the Trustee Act 1958 other than the securities specified in paragraphs (c) and (n) of the said sub-section; or

(b) in debentures or inscribed stock of the State Electricity Commission of Victoria—

and while so invested shalL form part of the Fund. (4) There shall except as provided by section forty of this

Act be paid out of the Fund all pensions gratuities and allowances payable under this Division to members of the force or their widows children or dependants.


(5) The Government Statist shall once at least in every Actuarial three financial years make an actuarial valuation of the Fund valuatlon-and shall in each and every financial year certify what additional sum (if any) is required to be paid into the Fund in that Further financial year in order to provide that the assets of the Fund SSary." shall be sufficient to meet all current and future liabilities thereof, and any such additional sum shall in every financial year to which any such certificate relates be paid into the Fund out of the Consolidated Revenue which is hereby to the necessary extent appropriated accordingly.

(6) If at any time any sums lawfuly payable out of the Fund conversion exceed the amount standing to the credit of the Fund the debentures if Treasurer of Victoria may if necessary convert into money any necessary-such stock or debentures.

Saving of Right of Dismissal and Reduction.

56. Nothing in this Division shall prejudice any existing right saving of of suspending reducing discharging or dismissing a member of dismissal and the force or requiring him to retire as an alternative to dismissal JanK?Uonm

or shall prevent his claim to pension or gratuity from being NO. 3750 s s«. refused on account of misconduct or on account of any of the grounds on which a pension (if granted) would be liable to be forfeited and withdrawn.

DIVISION 3.—ADDITIONAL PROVISIONS.

Provisions of 1948 and 1949.

57. In the next two succeeding sections unless inconsistent interpretation, with the context or subject-matter— No. 5359 s. 2.

" Pay " means only salary or wages and does not include «• pay." any allowance or any money equivalent for any allowance which (in addition to his salary or wages) a member of the force is entitled to receive as such.

" Pensioner" means a person who has retired from the •• pensioner." force and is receiving a pension pursuant to this Act or any corresponding previous enactment.

58. (1) In the case of a pensioner who became a member Pensions of of the force on or after the twenty-fifth day of November One retired before thousand nine hundred and two and retired from the force before January, the second day of January One thousand nine hundred and J^ 3 5 9 forty-eight, as on and from the said second day of January and NS:54*sl'.i'. so long as a pension is payable to him the rate of such pension shall be calculated as if—

(a) the pay on the said second day of January for the rank he held at retirement were his pay at the date of retirement; and


Fourth (b) sub-paragraph ( i) of the proviso to paragraph ( a ) SchBdu,e- of rule 19 of the Fourth Schedule to this Act were

not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

(2) Subject to the next succeeding sub-section, in the case of a pensioner who became a member of the force before the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight, as on and from the said second day of January and so long as a pension is payable to him the rate of such pension shall be calculated as if—

(a) he were a person to whom the provisions of Division two of Part III. of this Act apply and who on the said second day of January retired from the force with the same rank and service as such pensioner; and

Fourth (b) sub-paragraph (i) of the proviso to paragraph (a) Schedulc- of rule 19 of the Fourth Schedule to this Act

were not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the said second day of January.

(3) In the case of any pensioner who became a member of the force before the twenty-fifth day of November One thousand nine hundred and two and retired from the force before the second day of January One thousand nine hundred and forty-eight and by notice in writing to the Chief Secretary within three months after the coming into operation of the Police Regulation (Amendment) Act 1949 elected to have his pension determined in accordance with the provisions of Division two of Part III. of the Police Regulation Act 1928—

(a) the provisions of Division two of Part III. of this Act shall extend and apply to and in respect of such member or (as the case requires) his widow; and

(b) so long as a pension is payable to him the rate of such pension shall be calculated as if—

(i) the pay on the said second day of January for the rank he held at retirement were his pay ai the date of retirement; and


(ii) sub-paragraph (i.) of the proviso to Fourth paragraph (a) of rule 19 of the Fourth schedule. Schedule to this Act were not applicable to the calculation of such pension—

and the necessary adjustments shall be made in respect of payments of pension made to any such pensioner on or after the coming into operation of the Police Regulation (Amendment) Act 1949.

(4) For the purposes of this section any pensioner who— (a). served as a member of the force for not less than

ten years; (b) was not reduced in rank while a member of the

force; and (c) held the rank of constable at the time of his

retirement— shall be deemed to have held the rank of first constable at the time of his retirement.

(5) Notwithstanding anything in the foregoing provisions of this section—

(a) except insofar as paragraph (b) of this sub-section applies, the rate of pension payable to any pensioner shall not at any time by virtue of this section be more than twenty-five per centum greater than the rate of pension payable to him immediately before the second day of January One thousand nine hundred and forty-eight;

(b) in the case of a pensioner who has elected as mentioned in sub-section (3) of this section, as from and after the coming into operation of the Police Regulation (Amendment) Act 1949 the rate of pension payable to him shall not by virtue of this section be more than twenty-five per centum greater than the rate of pension which would have been payable to him at the date of his retirement if (apart from sub-section (3) of this section) he had then been a person to whom Division two of Part III. of the Police Regulation Act 1928 applied;

(c) no pensioner shall by virtue of this section (except by virtue of an election mentioned in sub-section (3) of this section) suffer any reduction of the pension which he was receiving before the said second day of January.

59. (1) (a) Where immediately before the second day of Retrospective January One thousand nine hundred and forty-eight the widow cmST"1

of a member of the force or of a pensioner was not entitled to pensions, receive any pension or was entitled to receive a pension of not NO. 5359 s. 4;


more than Forty-one pounds twelve shillings per annum, then as on and from the said second day of January and as long as a pension is payable to her a pension of Fifty-two pounds per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January.

(b) Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 and his widow was not entitled to receive any pension or was entitled to receive a pension of not more than Forty-one pounds twelve shillings per annum, then as on and from the date of the death of the member or pensioner and as long as a pension is payable to her a pension of Fifty-two pounds per annum shall be payable to such widow, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the pensioner.

(2) (a) The pension of any widow (other than a widow referred to in the last preceding sub-section) of a member of the force or pensioner who died before the second day of January One thousand nine hundred and forty-eight shall as on and from the said second day of January and as long as a pension is payable to her be the pension payable immediately before the said second day of January plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the said second day of January.

(b) Where a member of the force or pensioner has died on or after the second day of January One thousand nine hundred and forty-eight and before the commencement of the Police Regulation (Amendment) Act 1948 the pension of his widow (not being a widow referred to in the last preceding sub-section) shall as on and from the date of the death of the member or pensioner and as long as a pension is payable to her be the pension payable as at the date of the death of the member or pensioner plus twenty-five per centum, and the necessary adjustments shall be made in respect of payments of pension to any such widow on and after the date of the death of the member or pensioner.

(c) Notwithstanding anything in the foregoing provisions of this sub-section no pension payable to a widow shall by virtue of this sub-section be so increased as to exceed at any time after the second day of January One thousand nine hundred and forty-eight—

(i) in the case of a widow's ordinary pension, the maximum pension payable under this Act appropriate to the relevant rank and service of her husband in the force;


(ii) in the case of a widow's special pension, an amount equal to one-third of the annual pay which would have been payable on the said second day of January to a member of the force having the same rank and service as her husband had at the time of his death or retirement; and in calculating the annual pay for the purposes of this sub-paragraph, sub-paragraph (i) of the proviso to paragraph (a) of rule 19 of the Fourth gggj!^ Schedule to this Act shall not apply—

and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.

(3) The foregoing provisions of this section shall not apply JJJgJJJJ" in the case of a widow whose husband was not a person to whom the provisions of Division two of Part III. of this Act or any corresponding previous enactment applied.

(4 ) Where immediately before the second day of January One thousand nine hundred and forty-eight the widow of a member of the force was receiving a pension pursuant to the provisions of section twenty-eight of the Police Regulation Act 1928 then as on and from the said second day of January and so long as a pension is payable to her the pension of such widow shall be the pension payable to her immediately before the said second day of January plus twenty-five per centum; and the necessary adjustments shall be made in respect of payments of pension made to any such widow on or after the said second day of January.

(5) The widow (not being a widow to whom the last preceding sub-section applies) of any pensioner who—

(a) became a member of the force before the twenty-fifth day of November One thousand nine hundred and two;

(b) retired from the force before the second day of January One thousand nine hundred and forty-eight;

(c) married her prior to his retirement from the force; and

(d) died before the coming into operation of the Police Regulation (Amendment) Act 1949—

shall with effect from the date of coming into operation of the said Act be paid a pension at the rate of Fifty-two pounds per annum.



" Appointed day."

' Pensioner.'

As to obsolescent ranks. Fourth Schedule.

Provisions of 1950. 60. (1) In the next three succeeding sections unless

inconsistent with the context or subject-matter— " Appointed day " means the thirtieth day of June One

thousand nine hundred and fifty. " Pensioner" means a person who has retired from the

force before the appointed day and who on or after the appointed day is receiving a pension pursuant to the provisions of this Act or any corresponding previous enactment.

(2) For the purposes the said sections and paragraph 5 of the Fourth Schedule to this Act any member of the force who held for any material period the rank of—

(a) constable (with at least ten years service and not having been reduced in rank)—shall be deemed to have held the rank of first constable;

(b) second-class sergeant or first-class sergeant—shall be deemed to have held the rank of sergeant;

(c) sub-inspector—shall be deemed to have held the rank of inspector—

for such period.

Increase of rates of pension to pensioners who retired before 30.6.50. No. 5460 s. 4,

61. (1) The rate of pension payable under this Act to each pensioner shall be—

(o) the rate payable under Division two of Part III. of this Act to a member of the force who—

(i) on the appointed day first became entitled to a similar pension; and

(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement; or

(b) the rate payable to the pensioner immediately before the appointed day plus twenty per centum—

whichever is the lower rate.

(2) No pensioner shall by virtue of this section suffer any reduction of the rate of pension which he was receiving immediately before the appointed day.

Increase of rates of pension to widows entitled to pension before 30.6.50. No. 5460 s. 6; No. 5467 s. 2.

62. (1) The rate of pension payable under this Act to any widow who became entitled to a widow's ordinary pension before the appointed day shall be—

(a) the rate which would be payable to her if she had first become entitled to the pension on the appointed day; or

1958. Police Regulation. No . 6338 1121

(b) the rate payable to her immediately before the appointed day plus twenty per centum—


(2) The rate of pension payable under this Act to any widow who became entitled to a widow's special pension before the appointed day shall be—

(a) the rate which would be payable to her if her husband—

(i) had on the appointed day while serving in the force died from the effects of a non-accidental injury received in the execution of his duty without his own default; and

(ii) during the three years immediately preceding the appointed day held the same rank or ranks for the same period or periods as he held during the three years immediately prior to the date of his actual death or retirement; or

(b) the rate payable to her immediately before the appointed day plus twenty per centum—


(3) The rate of pension payable under this Act to any widow to whom the foregoing sub-sections of this section do not apply shall be the rate payable to such widow immediately before the appointed day plus twenty per centum.

63. (1) Any necessary adjustments shall be made in respect Appropriate r j. r • j J • • t r. •- restrospectiv of payments of pension made to any pensioner or wiaow aiier uie adjustments

• » j j ' " t o be made appointed day.

( 2 ) In respect of any such adjustments or of any adjustments authorized under the Police Regulation {Amendment) Act 1948 as amended by any Act payments shall (where the case so requires) be made to the personal representatives of a deceased recipient of pension in respect of the period up to death.

Provisions of 1955.

64 . ( 1 ) Notwithstanding anything in this Act the pension Retrospective or allowance payable to or in respect of any pensioner widow respect of

or child to or in respect of whom a pension or allowance was wldowsand payable under the Police Regulation Acts immediately before already" the commencement of the Police Regulation (Pensions) Act 1955 p^]0nS

l&c. shall, as on and from the fourth day of March One thousand No.s897s.z

VOL. vi.—36

restrospective adjustments' ' to be made. No. 5460 s. 7.

1122 , 1958. Police Regulation. No. 6338

" Then rate of pension."

Pensioner.

Widow.

Child.

Fourth Schedule.

nine hundred and fifty-five or the day on which the pension or allowance first became payable (whichever is the later day), be at the respective rates provided by this section, and any payments made before the commencement of that Act shall be adjusted accordingly.

(2) In this section " then rate of pension " means the rate of pension, including any additional amount payable under the Superannuation Police and State Pensions Act 1953, that was payable (apart from the operation of this section) to or in respect of the pensioner or widow concerned immediately before the commencement of the Police Regulation (Pensions) Act 1955.

(3) Subject to this section the rate of pension payable to such a pensioner shall be—

(a) if his then rate of pension was not more than One hundred and eighty-two pounds—such then rate increased by one-seventh thereof;

(b) if his then rate of pension was more than One hundred and eighty-two pounds but not more than Three hundred and sixty-four pounds—such then rate increased by Twenty-six pounds;

(c) if his then rate of pension was more than Three hundred and sixty-four pounds—such then rate (excluding any additional amount payable under the Superannuation Police and State Pensions Act 1953) increased by one-sixth thereof.

(4) Subject to this section the rate of pension payable to such a widow shall be her then rate of pension increased by one-quarter thereof.

(5) The rate of allowance payable in respect of such a child shall be—

(a) in the case of a child to whom paragraph 8 of the Fourth Schedule to this Act applies—

(i) in any case where the child's mother is dead or divorced—Fifty-two pounds per annum;

(ii) in any other case—Twenty-six pounds per annum;

(6) in the case of a child to whom sub-paragraph (a) of paragraph 9 of the said Fourth Schedule applies—Fifty-two pounds per annum subject to any increase payable pursuant to the said sub-paragraph;

(c) in the case of a child to whom sub-paragraph (b) of the said paragraph 9 applies—Twenty-six pounds per annum.


(6) Notwithstanding anything in the foregoing provisions of saving, this section— , .

(a) the rate of pension payable to any such pensioner shall not exceed the rate payable under Division two of Part III. of this Act to a member of the force who—

(i) on the commencement of the Police Regulation (Pensions) Act 1955 first became entitled to a similar pension; and

(ii) during the three years immediately preceding the commencement of that Act held the same rank or ranks for the same period or periods as the pensioner held during the three years immediately prior to the date of his retirement;

(b) the rate of pension payable to any such widow shall not exceed the rate which would be payable to her if she had first become entitled to the pension on the commencement of that Act.

DIVISION 4. POLICE SUPERANNUATION BOARD.

65. The Governor in Council may from time to time appoint Police super-three persons to be a Board hereinafter designated the Police Board!10" -Superannuation Board, and every person so appointed may NO. 3750 s. 57. remove. Any two members of such Board shall form a quorum and shall have and may exercise and perform all or any of the powers and duties of such Board.

66. All applications for pensions gratuities or allowances Applications under this Act or any corresponding previous enactment shall gratuities &c.

be made to the Chief Commissioner, who shall forward the same No.3750s.58. together with his report thereon to the Police Superannuation Board.

67. The Police Superannuation Board, in addition to any other powers conferred or duties imposed upon the said Board by or under this Act—

(a) shall consider all applications for pensions gratuities or allowances under this Act or any corresponding previous enactment which are submitted to it by the Chief Commissioner; and

(b) shall report to the Chief Secretary upon each of such applications whether the applicants are entitled to a pension gratuity or allowance or not and make such recommendation thereon as it thinks fit and any such recommendation of the said Board shall, if approved by the Governor in Council, be final and conclusive.

Powers and duties of the Board. No. 3750 s. 59.

VOL. VI.—37

http://No.3750s.58



" Appointed member."

' Board."

' Claimant."

" Elected member."

• Member."'

" Member of the police force."

Police Classification Board to be constituted. Nn. 5126 s. 3; r. .5260 s.a(l), No. 6091 8.3(1).

Functions of Board.

PART IV.—POLICE CLASSIFICATION BOARD.

68. In this Part unless inconsistent with the context or subject-matter—

" Appointed member" means member of the Board appointed by the Governor in Council under this Part.

" Board" means the Police Classification Board under this Part.

" Claimant " means any member or members of the police force whose claim (whether jointly or severally) is under this Part cognisable by the Board.

" Elected member" means the elected member of the Board under this Part.

" Member " means member of the Board and includes the chairman.

" Member of the police force " means any person (whether male or female) employed in the police force of Victoria and includes an officer of the police force but does not include the Chief Commissioner.

69. (1) There shall be a Police Classification Board constituted as hereinafter provided.

(2) Subject to this Part the functions of the Board shall be to determine the conditions of service for members of the police force, including—

(a) salaries and wages to be paid to the respective ranks ; (/>) allowances to be paid—

(i) for the performance of special duties ; (ii) in lieu of the provision of quarters fuel light

water and uniforms; (iii) for travelling and incidental expenses

relieving expenses and expenses incurred in transfer ;

(c) hours of duty ; (d) rates of pay for overtime work or shift work or

emergency work or duty performed on a Sunday or public holiday ; and

(e) annual recreation leave sick leave and the leave to be granted in respect of work performed on a Sunday or public holiday.

(3) Nothing in the last preceding sub-section shall authorize the Board to determine the type or design of any uniform or


No. 5126 3 . 4

'equipment to'be worn or carried by members of the police force or to determine the conditions under which any such uniform or equipment shall be worn or carried.

70. (1) The Board shall consist of three members appointed c{°{jstUI£

tion

or elected from time to time of whom one shall be chairman, one shall represent the Government of Victoria and one shall represent the police force.

(2) The chairman (who shall be a judge of the county court) and the member representing the Government of Victoria shall be appointed by the Governor in Council.

(3) The member representing the police force shall be elected by members of the police force in manner prescribed by regulations made under this Part.

(4) If there is no candidate for an election of the elected member of the Board or if for any reason no person is eleoted at an election the Governor in Council may without election appoint a qualified person as elected member.

71. (1) Subject to this Part the members of the Board shall termor hold office for such term, not exceeding three years, as is fixed members,

by the Governor in Council before election or appointment (as No. 5U6s.s. the case may be) and shall be eligible for re-election or re-appointment respectively.

(2) If any member is at the time of his appointment or ^m£em

sb*

ho

election a member of the police force or of the public service he of police

shall subject to this Act or (as the case may be) the Public pubUcMrvice. Service Act 1958 continue to be a member of the police force or public service.

72. (1) Each member shall be severally entitled to receive— Fees and J travelling

(a) such fees as are fixed by the Governor in Council " S " . " ' prior to appointment or election ; and No 5126 8 7

(b) such travelling expenses as are prescribed— and the Consolidated Revenue is hereby to the necessary extent appropriated accordingly.

(2) Any fees payable under this section to any member of Pensions && the Board who is a member of the police force shall, if he so elects within three months after becoming a member of the Board, be regarded as pay for the purpose of Part III. of this Act.

(3) Any fees payable under this section to any member who is an officer within the meaning of the Superannuation Act 1958 shall be regarded as salary within the meaning of that Act.

73. (1) No person who is bankrupt or insolvent .shall be bisquaim-capable of being appointed or elected a member, and if any maJmbe°son member becomes bankrupt or insolvent he shall be incapable of T

ank<rr.Ticy"«,

. x ^ No. 5126 s. S.

continuing a member.


Disqualification of elected member on ceasing to be member of police force.

Suspension of members of Board. No. 5126 a. 9.

(2) If the elected member ceases to be a member of the police force he shall be incapable of continuing a member of the Board.

74. (1) The Governor in Council may suspend any member from office, but no member shall be removed from office except as hereinafter provided.

(2) The Minister shall cause to be laid before both Houses of Parliament a full statement of the grounds of suspension of any member within seven days after such suspension if Parliament is then sitting or if Parliament is not then sitting then within seven days after the next meeting of Parliament.

(3) Any member so suspended shall be removed from office by the Governor in Council if each House of Parliament within seven sitting days after the day when such statement is laid before it declares by resolution that such member ought to be removed from office, and unless each House within the said time so declares the Governor in Council shall remove such suspension and restore such member to office.

Vacancies. No. 3726 s. 10.

75. The office of any member shall become vacant— (a) at the expiration of his term of office ; (b) if he dies ; (c) if he is incapable of continuing a member ; (d) if he is removed from office ; (e) if he resigns in writing under his hand addressed to

the Governor in Council; or (/) if without the consent in writing of the Minister he

fails to attend three successive meetings of the Board.

Extraordinary vacancies. No. 5126 s. 11.

Term of office of members filling extraordinary vacancies.

76. (1) If the office of an appointed member or of the elected member becomes vacant otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall be appointed or elected (as the case requires) to fill such extraordinary vacancy:

Provided that if the office of the elected member becomes so vacant within three months before the expiration of the term of such office such extraordinary vacancy shall not be so filled before the expiration of such term.

(2) Any person appointed or elected to fill any such extraordinary vacancy shall subject to this Part be entitled to hold office for the remainder of the term of office of the person in whose place he is appointed or elected.


77. (1) In the case of the suspension illness or absence of Deputies, any member or in the case of an extraordinary vacancy in the N°-5,26s-,2-office of the elected member, the Governor in Council may appoint some qualified person to act as the deputy of such member during such suspension illness or absence or until such vacancy is filled (as the case may be), and such deputy may exercise the powers and perform the duties of such member accordingly.

(2) Where the appointment is required of a deputy of the elected member the person so appointed as deputy shall be a person elected to be such deputy in the manner prescribed by regulations made under this Part and at an election held in conjunction with the election of such elected member :

Provided that where no such person is available and capable of acting as deputy the Governor in Council may appoint a qualified person as deputy notwithstanding that such person has not been elected as aforesaid.

(3) An election of a deputy shall be held in conjunction with every election of an elected member.

78. (1) The chairman shall preside at all meetings of the Chairman. Board at which he is present and in his absence the other appointed No-5t26s-,3-member shall preside.

(2) Two members, one of whom is the elected member, shall Quorum, form a quorum of the.Board.

(3) At any meeting of the Board the decision of the majority Decisions of of the members of the Board shall be the decision of the Board. """"' Board.

(4) If at any meeting of the Board at which two members No casting only are present the members differ in opinion upon any matter, vote-

the determination of that matter shall be postponed to a full meeting of the Board.

(5) At any full meeting of the Board the members by Delegation of unanimous resolution may delegate to the chairman any of the RSctSn'to powers and functions of the Board under this Act (except this cnaUn,a0-power of delegation), but any such delegation shall be revocable by the Board at will and shall not prevent the exercise of any power or function by the Board.

(6) Subject to this Part the Board shall regulate its own Procedure. ' procedure.

79. (1) The Public Service Board shall appoint some fit secretary to and proper officer to be secretary to the Board. NO-SIMS. M.

(2) The secretary shall keep records of all meetings of the Board and perform such other dutes as the Public Service Board directs.


Signing documents. No. 5126 s. IS.

80. Save as otherwise expressly provided(o), any document shall be deemed to be sufficiently signed by the Board if signed by the chairman and the secretary to the Board or by any two members and the secretary to the Board.

Investigation and inquiry by Board. No. 5126 s. 16.

Claims and applications before the Board. No. 5126 s. 17.

81. For the purpose of enabling the Board to conduct any. investigation or inquiry which it deems necessary for the purposes of this Part the provisions of sections fourteen to sixteen of the Evidence Act 1958 shall apply as if the Board were a board appointed by the Governor in Council and as if the chairman of the Board had the powers of the chairman of a board appointed by the Governor in Council.

82. (1) A claimant may submit to the Board a claim in respect of any matter which it is the function of the Board to determine under this Part.

(2) A copy of every claim submitted by any claimant shall be furnished by that claimant to the Chief Commissioner and to the secretary of the body known as the Police Association.

(3) The Chief Commissioner may submit to the Board an application in respect of any matter which it is the function of the Board to determine under this Part.

(4) A copy of every application so submitted by the Chief Commissioner shall be furnished by him to the secretary of the body known as the Police Association.

(5) The Board shall not hear any claim or application until fourteen days after a copy thereof has been furnished pursuant to this section to the secretary of the body known as the Police Association and (where the case so requires) to the Chief Commissioner.

Powers of Board with regard to Investigation and hearing of claims. No. 5126 s. 18.

Copies of determinations to be furnished and laid before Parliament. No. 5126 s. 19.

83. The Board may for the purposes of any investigation or inquiry into any claim or application submitted under this Part enter upon any premises of 'the Police Department to inspect any work and interrogate any member of the police force in regard to the nature of such work.

84. (1) When a determination has been made by the Board the chairman and at least one other member shall sign the same and send a certified copy thereof to the Minister the Treasurer of Victoria the Chief Commissioner and the secretary of the body known as the Police Association and shall furnish a copy thereof to the claimant concerned.

(2) The Minister shall cause a copy of the determination to be laid before both Houses of Parliament within fourteen days after the receipt by him of the certified copy of the determination if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

(a) See section 84.


(3) If within thirty days after any determination has been J{^!°Jnf™

laid before both Houses of Parliament each House of Parliament ^ f f ^ v passes a resolution disallowing that determination or any part Parliament. thereof the determination or part so disallowed shall thereupon cease to have effect.

(4) Where a determination is disallowed the disallowance of g^g1"*^ the determination shall have a like effect to the repeal of an ofdeter-

. mination. enactment.

(5) A copy of every determination of the Board shall be J fS- 0 1 1

published in the Government Gazette. mination. (6) Any salaries wages allowances or rates determined by ^JJMA?*

the Board pursuant to this Part shall, subject to this Part, be the {Jet!™j£ed

salaries wages allowances or rates payable to members of the police force to whom such determination applies and any other matters determined by the Board shall, subject to this Part, have effect according to the tenor thereof.

85. No action or suit shall be brought or maintained against BwuSfaSdof the Board or any person who has been or is a member of the members. Board for any nonfeasance or misfeasance in connexion with its NoM26s-20-or his duties and no action or suit shall lie or any costs be payable in respect of any proceedings before the Board.

86. (1) The Governor in Council may make regulations for Regulations or with respect to— No-5U6 Sl 21-

(a) elections for the purposes of this Par t ; (b) approving the Police Association as a body by which

representations may be made to the Board in relation to salaries and wages and conditions of service in the police force ; and

(c) generally, any matters or things required or authorized to be prescribed under this Part or necessary or expedient to be prescribed for carrying this Part into effect.

(2) All such regulations shall be published in the Government Publication. Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each Member of Parliament.

PART V.—INQUIRIES INTO MISCONDUCT AND PENALTIES.

87. (1) For the purposes of this Part there shall be a Board D°Ji."line (hereinafter called the "Police Discipline Board") which will be Board-appointed by the Governor in Council from time to time as N£ MM •! a! required.


(2) The Police Discipline Board shall consist of— (a) a stipendiary magistrate, nominated by the Governor

in Council, who shall preside and have a casting as well as a deliberative vote ; and

(b) a superintendent of police nominated by the Chief Commissioner.

(3) The Public Service Board shall provide such clerical assistance as is necessary in connexion with the functions of the Police Discipline Board.

JJSs'oT 88. (1) Where any member of the force (other than the mSner?" Chief Commissioner) is charged with a breach of duty or any NO.3750s.6t; misconduct and such, member does not deny the truth of the NO. 5i26s. 22. charge the Chief Commissioner may—

(a) impose on such member a fine of not more than Five pounds or reprimand the member ; or

(b) remit the matter to the Police Discipline Board.

(2) (a) Where any such member denies the truth of the charge but signifies in writing his desire to have the charge dealt with by the Chief Commissioner and not by the Police Discipline Board, the Chief Commissioner or any superintendent inspector or sub-inspector nominated by him for the purpose shall (if the Chief Commissioner is of opinion that the breach of duty or misconduct with which the member is charged is not such as to render the member unfit to remain in the police force) hear the matter, and if the Chief Commissioner or his nominee aforesaid is satisfied as to the truth of the charge the Chief Commissioner may sentence the member to reduction or a fine of not more than Twenty pounds.

(b) The decision of the Chief Commissioner shall be final subject to appeal under section ninety-one of this Act and shall be given effect to accordingly.

(3) The Chief Commissioner may dispose of any such charge in the absence of the member charged; but the member may if he so desires submit in writing to the Chief Commissioner any mitigating circumstances he wishes to be taken into account:

Provided that the Chief Commissioner shall not dispose of any charge in the absence of the member charged in any case where such member can be found and desires to be present at the hearing of the charge.

SSSSSS"1 of (4) (a^ ^ n e Chief Commissioner may suspend from duty any member of the force who is charged with the commission of an offence or a breach of duty or any misconduct.


(b) All pay (or, if the Police Discipline Board in its discretion so determines, such part of the pay as such Board determines) which during the period of such suspension accrues due to the member suspended shall be withheld and if the charge is found to be proved shall be forfeited.

(c) If the charge is found not to be proved the suspension shall forthwith be removed by the Chief Commissioner and all pay withheld in accordance with the foregoing provisions of this sub-section shall forthwith be paid to the member.

89. (1) Where— inquiry b» Police

(a) the Chief Commissioner pursuant to the last Board into

preceding section remits any matter for J ^ " ^ ^ . determination by the Police Discipline Board; or N£ sitting

(b) any member of the force other than the Chief Commissioner) is charged with a breach of duty or any misconduct and denies the truth of the charge and the charge is not dealt with by the Chief Commissioner or his nominee pursuant to the last preceding section—

the Police Discipline Board shall inquire as to the truth of the charge.

(2) The Police Discipline Board may dispose of any such charge in the absence of the member charged; but the member may if he so desires submit in writing to the Police Discipline Board any mitigating circumstances he wishes to be taken into account:

Provided that the Police Discipline Board shall not dispose of any charge in the absence of the member charged in any case where such member can be found and desires to be present at the hearing of the charge.

(3) If after hearing the matter the Police Discipline Board is satisfied as to the truth of the charge it may sentence the member to dismissal discharge reduction or a fine of not more than Twenty pounds.

(4) The decision of the Police Discipline Board shall be final, subject to appeal under section ninety-one of this Act, and shall be given effect to accordingly.

90. (1) For the purposes of any inquiry under this Part the provisions of sections fourteen to sixteen of the Evidence Act 1958 shall apply as if the Police Discipline Board were a board appointed by the Governor in Council and as if the chairman thereof had the powers of the chairman of a board appointed by the Governor in Council.

Powers of Board conducting inquiry. No. 3750 s. 63. No. 5126 s. 22.


Dismissal &c. notwithstanding institution of proceeding') for offence.

Recovery of fine.

(2) A member of the force may be dismissed discharged or reduced pursuant to this Part notwithstanding that proceedings for a different offence have been instituted against him in any court, whether or not such proceedings have been concluded and have resulted in conviction or acquittal or otherwise.

(3) Any fine imposed on any member of the force under this Part may be recovered by deducting the amount thereof from the pay of such member.

Appeal to county court judge No. 3750 s. 64; No. 5126 s. 22, No. 5359 s. 6.

91. (1) Any member of the force who is aggrieved— (a) by any decision of the Police Discipline Board or of

the Chief Commissioner under this Part; or (b) by any transfer for which he has not applied—

may appeal in accordance with this section to a judge of the county court nominated (whether generally or in any particular case) by the Governor in Council, but no such appeal against transfer shall delay or affect the transfer appealed against pending the determination of the appeal.

(2) Notice in writing of such appeal shall be lodged with the registrar of the county court at Melbourne within ten days after the appellant has been notified of the decision or transfer as to which he is aggrieved and such notice shall state the ground of the appeal.

(3) A copy of every such notice of appeal shall be delivered to the Chief Commissioner within the same period of ten days.

(4) The time and place for the hearing of the appeal shall be fixed by the judge of the county court and notice thereof shall be given to the Chief Commissioner and the appellant.

(5) The judge of the county court shall hear and determine the matter and for that purpose may exercise any of the powers of a judge of the county court sitting as a chairman of general sessions.

(6) On any appeal under this section the judge of the county court shall determine whether or not the appellant has been guilty of the breach of duty or of the misconduct with which he was charged or (as the case may be) whether or not the transfer of the appellant is necessary for the maintenance of the efficiency of the force, and also whether any punishment imposed is excessive, and may in his discretion award costs to or against the appellant.

(7) The decision of the judge of the county court shall be final and shall be given effect to accordingly.

(8) The judge shall not allow an appeal against transfer if he is satisfied that the transfer is necessary for the maintenance of the efficiency of the force.


Reinstatement of certain discharged &c. members of force.

92. Where whether before or after the commencement of this Act a member of the force has been on the ground of misconduct of any kind discharged or dismissed or required to retire as an alternative to dismissal and it is subsequetnly proved to the NO. 4592 s. 4. satisfaction of the Governor in Council that such member was innocent of such misconduct the Governor in Council may reinstate such member to the force with a rank and seniority not lower than his rank and seniority at the time of his discharge dismissal or retirement, and the period between such discharge dismissal or retirement and such reinstatement shall for the purposes of Division two of Part III. of this Act be deemed to be a period of approved service:

Provided that where pursuant to the proviso to sub-section (2) of section fifty-four of this Act the whole or any part of the rateable deductions made from the pay of such member have been paid to him or applied for the benefit of his wife or children such member shall before he is reinstated pay to the Police Pensions Fund an amount equal to the amount so paid or applied.

93. Every member of the force who is convicted of any felony or indictable offence shall thereupon forfeit his office and be deemed to have been dismissed from the force.

94. Every officer sergeant or constable who resigns his office or withdraws himself from the duties thereof without the previous permission or notice required by this Act shall on the information of the Chief Commissioner lor every such offence be liable to a penalty of not less than Five nor more than Forty pounds.

Dismissal on conviction of felony, or indictable offence. No. 3750 s. 65; No. 5126 s. 22. Penalty for ' ' resigning • : without notice. No. 3750 s. 66.

Penalty for taking bribe &c.

95. Every member of the force who takes any bribe pecuniary or otherwise either directly or indirectly to forgo his duty, or who in any manner aids or connives at the escape or attempt to escape No. 3750 s. 67. of any prisoner in lawful custody, or who deserts his post, or assaults his superior in rank in the force, or neglects or refuses to obey or execute any process hereby directed to be by him executed, or is guilty of any act of insubordination or misconduct against the discipline of the force, shall on the information of any officer of the force for every such offence be liable to a penalty of not more than Twenty-five pounds

Penalty for not delivering accoutrements.

96. Every person who having been a member of the force has been discharged or dismissed from or has otherwise ceased to hold and execute his office and who does not forthwith deliver over everything whatsoever which has been supplied to him for the NO. 3750 s 68. execution of his office or which is in his custody by virtue thereof, to such person as is appointed by any order special or general issued by the Chief Commissioner, shall on the information of any officer or sergeant, be liable to imprisonment with or without


hard labour for a term of not more than three months; and any justice may and shall issue his warrant to search for and seize to the use of Her Majesty all and every the arms ammunition accoutrements horses saddles bridles clothing and other appointments and things whatsoever which are not so delivered over wherever the same are found.

Penally for personating &c. members of the force. No. 3750 s. 69.

97. If any person not being a member of the force has in his possession any arms or ammunition or any article of clothing accoutrements or appointments supplied to any member of the force, and is not able satisfactorily to account for his possession thereof, or puts on or assumes the dress name designation or description of any member of the force, or gives or offers or promises to give any bribe pecuniary or otherwise, or makes any agreement with any member of the force to induce him in any way to forgo his duty, or concerts or connives at any act whereby any rule order or regulation of the Governor in Council in relation to the force may be evaded, every such person so offending shall in addition to any other punishment for which he is liable for such offence, on the information of any member of the force be liable to a penalty of not more than Fifty pounds.

Penalty on persons wrongfully obtaining admission into the force. No. 3750 s. 70.

98. Every person having been dismissed from the force who by concealing the fact of such dismissal, and every person who by any false or forged certificates, or any false representations, obtains admission into the force, or who by any such means receives any pay gratuity or pension shall be guilty of a misdemeanour, and shall be liable to imprisonment with or without hard labour for a term of not more than three months.

Penalty on members of force Influencing parliamentary elections. No.3750».7t; No. 5126 S.23M) (ej.

99.(o) No member of the force shall during the time he continues in the force take any part in any election otherwise than by voting or in any manner influence or seek to influence in any manner any other elector in giving his vote for the choice of any person to be a member to serve in the Legislative Council oi Legislative Assembly of Victoria, and every person who being a member of the force offends herein shall be guilty of an offence and be liable to a penalty of not less than Five pounds nor more than One hundred pounds and proceedings for such offence shall be commenced within three months after the commission thereof; but nothing herein contained shall subject any member of the force to any penalty for any act done by him at or concerning any of the said elections in the discharge of his duty.

100. Every toll collector who demands or receives any duty ot toll contrary to this Act shall be liable to a penalty of not more

NO. 3750 s 7Z than Ten pounds for every such offence.

Improper levying of tolls.

(a) Compare The Constitution Act Amendment Act 1958, section 408.


Imprisonment in default of payment of penalties.

101. Imprisonment with or without hard labour may in the imprisonment discretion of the justices adjudicating be substituted in lieu of any Substituted pecuniary penalty for any of the offences mentioned in this Act Pena"es"ia,y

provided that such imprisonment does not exceed fifteen days No. 37503.73. where such pecuniary penalty is not more than Five pounds or two months where such penalty is more than Five pounds and less than Twenty pounds, or six months where such penalty is more than Twenty pounds. Whenever any penalty or forfeiture has been imposed by any justices under the provisions hereof and the person convicted does not forthwith pay the same such justices may direct that such person be imprisoned with or without hard labour as they think fit for a term of not more than two months if the penalty does not exceed Ten pounds, and for a term of not more than four months if the penalty is above Ten pounds and not exceeding Twenty pounds, and for a term of not more than six months if the penalty is above Twenty pounds, and such person shall be detained or detained and kept to hard labour accordingly unless he sooner pays the penalty.

102. Every member of the force who is subject to punishment {Jj|mf ™0f

of imprisonment under this Act, or for whom imprisonment has subject to . , . . . . . g. • 1 e ^ c imprisonment been substituted in lieu of a pecuniary penalty for any act of maybe insubordination or misconduct against the discipline of the force, any place shall be confined in any place specially appointed by the Governor !£"<!&. in Council as a police prison instead of a common gaol or other No. 3750 $.74. place where he might be confined under this Act, and may be kept to such labour therein as the Chief Commissioner directs; and no imprisonment or confinement of any member of the force under this Act shall be deemed to be part of any period for which he has engaged to serve in the force; and the period of any such confinement shall in no case exceed the period of imprisonment to which such member has been sentenced.

PART V I .— R E T I R E D POLICE RESERVE.

103. (1) The Chief Commissioner may from time to time Appointment appoint so many fit and proper persons to be police reservists as res«vists. the Governor in Council thinks necessary. N0.6017S.2.

(2) The Governor in Council may at any time revoke any such appointment.

(3) The persons so appointed as police reservists shall constitute the Retired Police Reserve of Victoria but shall not be members of the force within the meaning of this Act except for the purposes of sections nineteen twenty and one hundred and twenty-four of this Act.

104. A person shall not be deemed a fit and proper person Qualifications. for appointment as or to continue as a police reservist unless— No-6017 s-3-

(a) he is not less than thirty-one and not more than sixty-five years of age;


(b) he is free from any illness or physical defect which would render him physically unfit to perform the duties of a police reservist;

(c) he is a British subject of good character and reputation; and

(d) he has served for not less than two years in the police force of Victoria.

Oath. No. 6017 s. 4. Second Schedule. Form B.

(1) A person appointed to be a police reservist shall not be capable of holding such office or of acting in any way therein until he has taken and subscribed the oath set out in Form B of the Second Schedule to this Act.

(2) Such oath shall be administered by a justice and shall be subscribed by the person taking it, and when so taken and subscribed shall be forwarded to the Chief Commissioner by the justice before whom it was taken.

Powers and privileges. No. 6017 a. 5.

Every person appointed a police reservist shall on taking and subscribing such oath, and until he is legally discharged, have exercise and enjoy all such powers authorities advantages and immunities and be liable to all such duties and responsibilities as any constable appointed under this Act has by virtue of the common law.

Duty of police reservists. No. 6017 s. 6.

107. Every police reservist shall in the execution of his duty act under the direction and control of the Chief Commissioner or of any member of the force or other police reservist under whom he is placed by the Chief Commissioner.

Training. No. 6017 s. 7.

A police reservist may be required by the Chief Commissioner to attend a course of instruction and training prescribed by the Chief Commissioner.

Discipline. No. 6017 s. 8.

For the purpose of maintaining discipline a police reservist shall be subject, as far as is applicable, to the disciplinary code for members of the force as set out in the regulations under this Act and to the standing orders and instructions issued by the Chief Commissioner.

Equipment and uniform. No 6017 s. 9.

Resignation. No. 6017 s. 10.

(1) Each police reservist shall be supplied free of charge with such equipment as is deemed by the Chief Commissioner to be necessary for the carrying out of his duties.

(2) A police reservist may be required by the Chief Commissioner to perform duty in uniform in which case the Chief Commissioner may supply such uniform free of charge.

111. (1) A police reservist shall not resign his office or withdraw from the duties thereof unless expressly authorized in writing so to do by the Chief Commissioner or other person


authorized by the Chief Commissioner, or unless he gives to the Chief Commissioner or other person authorized by the Chief Commissioner seven days' notice in writing of his intention so to resign or withdraw.

(2) Any person who contravenes or fails to comply with the Penalty. provisions of this section shall be liable to a penalty of not more than Ten pounds.

112. The Chief Commissioner may at his discretion terminate Dismissal or termination of service. No. 6017 s. It.

the service of or suspend or dismiss any police reservist. O"serv?ceon

113. When any police reservist is dismissed or ceases to hold cessation of his office, all powers and authorities vested in him as a police dumissaTac reservist shall immediately cease, and he shall forthwith return to N°-6017 »•12-such person as the Chief Commissioner whether generally or in any particular case appoints for the purpose all uniforms equipment and other items supplied to him or of which he has custody or control by virtue of his office.

114. The Chief Commissioner may make payments to police Payment of reservis ts anoyances?

(a) by way of reimbursement of out-of-pocket expenses N"-60178-"-necessarily incurred in the execution of duty, or by way of allowance, including subsistence lodging or travelling allowance;

(6) by way of allowance in consideration of remuneration lost while required for temporary duty, not exceeding the amount of salary that would have been due had the police reservist been a member of the force duly appointed in his first year of service;

(c) by way of allowance in consideration of any regular period of duty by a police reservist, not exceeding the amount of salary that would have been due had the police reservist been a member of the force duly appointed in his first year of service—

but not in any case exceeding the relevant rate or amount prescribed by regulations under this Part; but save as aforesaid no police reservist shall be entitled to any remuneration in respect of his services as such.

115. A police reservist regularly employed as such and Hours of duty, receiving an allowance in accordance with paragraph (c) of the continuously last preceding section shall be subject, as far as is applicable, to ^™pl^y

nd; I4

the regulations and determinations made under this Act governing hours of duty recreation leave and sick leave for members of the force.


Obstructing &c. police reservists. No. 6017 s. 15.

Repute in be evidence to appointment. No. 6017 s. 16.

Regulations. No. 6017 s. 17.

116. Any person who assaults resists or obstructs any police reservist while in the execution of his duty or promotes incites or encourages any other person so to do shall be liable to a penalty of not more than Twenty pounds or to imprisonment for a term of not more than three months.

117. If any question arises as to the right of any police reservist to hold or exercise the duties of his office, common reputation shall be deemed prima facie evidence of such right, and it shall not be necessary to have or produce any written appointment or other document or matter whatsoever in proof of such right.

118. (1) The Governor in Council may make regulations for or with respect to—

(a) the government of police reservists with respect to any matter necessary for making them efficient for the discharge of their duties;

(b) any matter by this Part permitted or authorized to be prescribed by regulations.

(2) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy thereof shall be posted to each member of Parliament.

Governor may recommend increase of pensions &c. No. 3750 s. 75.

Furlough. No. 5126 s. 24; No. 5549 s. 2.

PART VII.—MISCELLANEOUS PROVISIONS.

119. Nothing in this Act contained shall be taken to prevent the Governor from recommending by message to the Legislative Assembly any addition to any pension gratuity or allowance in consideration or recognition of any special services rendered by any member of the force entitled thereto or of any other unusual circumstances.

120. (1) Every member of the police force (including the Chief Commissioner) who has served for twenty years shall be entitled in accordance with regulations made under this section to be granted by the Minister on the recommendation of the Chief Commissioner six months long service leave with pay in respect of that period of twenty years service and one and a half months long service leave with pay in respect of each additional period of five years completed service.

(2) Whereto) on account of age or ill health a member of the force

retires; or (6) a member of the force dies; or


(c) the appointment of a female member of the force is terminated on account of or in anticipation of marriage—

that member shall in accordance with the regulations made under this section be entitled, or (in the case of death) shall be deemed to have been entitled, to be granted by the Minister on the recommendation of the Chief Commissioner—

where the completed years of service are not less than five but are less than twenty, then in respect of such completed years of service;

where the years of service are more than twenty, then (in addition to any entitlement under sub-section (1) of this section) in respect of such completed years of service (not exceeding four) as exceed the next lower multiple of five—

long service leave with pay on the basis of one-twentieth of six months leave for each such completed year.

(3) The Minister shall have discretion as to the time of granting any leave under this section so that the police force will not be unduly affected by the granting of such leave to numbers of members at or about the same time.

(4) Where on account of age or ill health a member of the force retires, that member may by notice in writing to the Chief Commissioner elect to take pay in lieu of the whole or any part of any such leave to which he is then entitled and the Minister shall grant him pay in lieu thereof accordingly.

(5) Where the appointment of any female member of the force is terminated on account of or in anticipation of marriage, she may by notice in writing to the Chief Commissioner elect to take pay in lieu of the whole or any part of such leave and the Minister on her marriage or in such other special circumstances as the Minister in his discretion determines shall grant her pay in lieu thereof accordingly.

(6) Where a member of the force entitled to any such leave or to pay in lieu thereof dies before or while taking such leave or (as the case may be) before such pay in lieu is paid the Minister shall to the extent that pay in lieu thereof has not already been paid to that member grant pay in lieu of the whole or part of the leave not taken or (as the case may be) grant the pay in lieu to the legal personal representative of the deceased member.

(7) The nature of the.service and the computation of the period of service which entitles members of the force to be granted long service leave and the method of computing pay under this section shall be as prescribed by regulations made under this section and, without affecting the generality of the foregoing, such regulations may provide that service in any prescribed office under


the Crown or with a Public or Governmental Authority or service in any office in the service of the Commonwealth of Australia or of any other Australian State shall to the extent prescribed be taken into account in computing the period of service.

(8 ) In the computation of the period of long service leave or pay in lieu thereof to which any member of the force is entitled under this section there shall be taken into account any long service leave or pay in lieu thereof already granted to him under this section as in force before the commencement of the Police Regulation (Furlough) Act 1951.

(9) The provisions of this section shall not apply with respect to any member of the force who before the commencement of the Police Regulation (Furlough) Act 1951 has attained the appropriate retiring age referred to in section forty-two of this Act or ceased to be a member of the torce; but the provisions of section twenty-four of Police Regulation Act 1946 as in force before the commencement of the Police Regulation (Furlough) Act 1951 shall (where applicable) apply as if still in force with respect to any such member unless he attained such age or ceased to be a member of the force before the seventeenth day of May One thousand nine hundred and forty-six.

(10) (a) The Governor in Council may make regulations for or with respect to any matter by this section authorized or required to be prescribed or necessary or expedient to be prescribed for carrying this section into effect.

(b) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each Member of Parliament.

Exen.ptiou 1 2 1 . AH members of the force and their assistants being on No.3750s.76. actual duty and all prisoners under their charge and all carriages

and horses exclusively employed in carrying or conveying such persons or their prisoners or baggage or returning from such employment and not otherwise employed and all horses or other animals the property of or in use by the Government shall be exempt from payment of any tolls or dues otherwise demandable in passing any toll-gate turnpike road bridge or ferry.

122. (1 ) Any goods and chattels which have lawfully come to the possession of any member of the force and which are unclaimed may (after a notice of the sale has been published in the Government Gazette) be sold and disposed of by the direction of the Chief Commissioner by public auction.

Sale of unclaimed goods in possession of police. No. 3750 s. 77; No. 4592 s. 17.


(2) (a) Notwithstanding anything in the last preceding sub-section any such goods or chattels—

(i) if in the opinion of amy superintendent inspector or sub-inspector they do not exceed Two pounds in value—may (after a public notice of the sale has been exhibited for fourteen days at the police station where such goods or chattels are held) be sold by public auction; or

(ii) if in the opinion of any superintendent inspector or sub-inspector they are produce of a perishable nature—may be sold or disposed of forthwith.

(b) Any sale or disposal under this sub-section may be made or conduoted by any member of the force thereunto authorized in writing by such superintendent inspector or sub-inspector.

(3) The net proceeds of any sale under this section shall be paid to and shall form part of the Consolidated Revenue.

(4) Every sale under this section shall be Valid against all persons.

(5) The Auction Sales Act 1958 shall not apply to any person selling any goods or chattels under this section.

As to goods under the value of £2 and perishable produce-

Net proceeds to be paid to Consolidated Revenue. Sale valid.

Auction Sales Act not to apply to sales.

123. In case any sergeant or constable dies intestate, the Chief AS to Commissioner or such other officer as the Governor in Council effects of appoints may cause the effects of the deceased to be disposed of Sables01

by public auction in such manner as to the Chief Commissioner fnyte

nsfate.

or other officer seems fit; and the proceeds of such sale together NO. 3750s. 78; with any balance of pay or other moneys due to the deceased shall £3'of be applied in the first instance to defray the funeral expenses and debts of the deceased; and if after defraying such expenses and debts the sum remaining does not exceed Fifty pounds, it may be handed over by the said Chief Commissioner or other officer to the widow or next of kin of the deceased resident in Victoria, and the receipt of the person so entitled shall be sufficient discharge although no letters of administration have been taken out; but if the widow of next of kin entitled as aforesaid is or are not resident in Victoria, or if the sum so remaining exceeds Fifty pounds, it shall be paid to the Public Trustee.

124. When any action is brought against any member of the protection ot force for any act done in obedience to the warrant(o) of any Xe™£?ce.of

magistrate, such member shall not be responsible for any No. 3750 s 79. irregularity in the issuing of such warrant or for want of jurisdiction in the magistrate issuing the same; and upon producing such warrant and proving that the signature thereto is the handwriting of the person whose name appears subscribed thereto and that such person is reputed to be and acts as a magistrate possessing

(n) See Justices Act 1958. section 183.


jurisdiction in the case and that the acts complained of were done in obedience to such warrant, a verdict for such member shall be found, and such member shall recover his costs of suit.

Disputed property in possession of police. No. 3750 s. 80.

125. When any member of the police force has taken possession of any goods other than goods distrained under the warrant of any justice and it is doubtful whether any person claiming such goods or which of any two or more persons so claiming is entitled to the possession thereof a court of petty sessions, upon the application of such member and in the presence of all the parties claiming such goods or in the absence of any such parties who having had reasonable notice of the hearing ot such application do not appear, may hear receive and examine evidence touching the matter of such application and may order to whom such goods shall be delivered by such member, and such goods shall be delivered accordingly; and if after the making ot such order any action is commenced against such member for the recovery of such goods or the value thereof, such order and the delivery of the goods in pursuance thereof may be given and shall be received in evidence in bar of such action; but such order or delivery shall not affect the rights or liabilities of the persons claiming such goods or to whom the same have been delivered as aforesaid.

Prohibition against members of the torce being members of political or industrial organizations. No. 3750 s. 82; No. SI26 8 .23(1) {<*).

126. (1) It shall not be lawful for the Police Association or for a member of the force to become or be a member of any political or industrial organization.

(2) Any member of the force who contravenes this section shall be deemed guilty of misconduct.

(3) If any question arises as to whether any organization is an organization to which this section applies the question shall be determined by the Police Classification Board.

(4) Notwithstanding the provisions of this section the Police Association may be affiliated with any federation of Police Associations or Police Unions of Australia. ,

Penalty on persons causing disaffection Ac. No. 3750 s. 83; No. 5126 0 .23(1) ( e ) .

127. Every person who— (a) causes or attempts to cause or does any act calculated

to cause disaffection among the members of the force; or

(b) induces or attempts to induce or does any act calculated to induce any member of the force to withhold his services or to commit breaches of discipline—

shall be liable to a penalty of not more than Fifty pounds or to imprisonment for a term of not more than twelve months:


Provided that nothing in this section shall apply to any person who in good faith—

(i) points out or endeavours to point out errors or defects in or desirable alterations or improvements to laws regulations or working conditions governing members of the police force; or

(ii) induces members of the police force to attempt to procure by lawful means the alteration of any of the laws regulations or working conditions governing members of the police force.

128. No information complaint conviction order or other No certiorari

proceeding before or by any justices under this Act shall be o'Two's 85 quashed or set aside or be deemed void or insufficient for want of form only or be removed or removable by certiorari or other writ or process whatsoever into the Supreme Court.

129. (1) The Governor in Council may by Order authorize *°™,t0. . » . . . . . • J J, r , r Minister to

the Minister to enter into agreements with members of the force emeMnto and (including junior police trainees) who undertake special training agreements

courses and with sureties approved by him and may make of the force."

regulations prescribing the form of and conditions to be contained No. am s. *. in such agreements and providing for or with respect to the payment to the Minister by such members of the force and sureties of such amounts as are fixed by the Minister for or with respect to breaches of such agreements by members of the force.

(2) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament withm fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.

130.(fl) (1) The Governor in Council may make regulations Power of e . . . . . J ° Governor la

for or with respect to— council to (a) deductions from service for sickness misconduct or regulations.

neglect of duty; S°; \]% *•86:

(b) the mode in which pensions gratuities or allowances No.35260sfi' are to be paid;

(c) the declarations to be made as a condition of the payment of pensions gratuities or allowances payable under Division two of Part III. of this Act;

(d) declaring what period shall be a period of probationary service in the force;

(a) See also section 17 as to regulations, orders, &c, as to discipline, &c. As to the construction of statutory power to make regulations, see Acts

Interpretation Act 1958, section 30.

J144 1958. Police Regulation. No. 6338

(e) appeals provided for in Division two of Part III. of this Act and the costs of such appeals;

(/) the constitution and appointment of members of the Police Discipline Board;

(g) proceedings before the Police Discipline Board or before a judge of the county court under Part V. of this Act;

(h) prescribing scales of fees and expenses to be paid to witnesses appearing before the Police Discipline Board or before a judge of the county court under Part V. of this Act and the classes of cases in which such fees and expenses may be paid;

(/) providing for and regulating appeals to the Police Classification Board by any member of the force aggrieved in respect of any promotion or transfer; and

(/') generally any matter or thing required or permitted to be prescribed or which is necessary or convenient to be prescribed for carrying this Act into effect.

publication of (2) All such regulations shall be published in the regulations. Government Gazette and shall be laid before both Houses of

Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.


SCHEDULES.

FIRST SCHEDULE. Section 2

Number of Act. Title of Act. Extent of Repeal.

3750 . . Police Regulation Act 1928 So much as is not already repealed.

4592 . . Police Regulation Act 1938 The whole. 4636 . . Statute Law Revision Act 1939 Item in Schedule

referring to Police Regulation Act 1928.

4654 . . Public Trustee Act 1939 Clause 9 of First Schedule.

5126 . . Police Regulation Act 1946 The whole. 5260 . . Police Regulation (Amendment) Act 1947 The whole. 5359 . . Police Regulation (Amendment) Act 1948 The whole. 5448 . . Police Regulation (Amendment) Act 1949 The whole. 5460 . . Police Regulation (Pensions) Act 1 950 The whole. .5467 . . Police Regulation (Pensions) Amend

ment Act 1950 The whole. 5549 . . Police Regulation (Furlough) Act 951' The whole. 5890 . . Police Regulation (Junior Trainees Act

1955 The whole. 5897 . . Police Regulation (Pensions) Act 1955' The whole. 6004 . . Police Regulation (Retirement) Act 1956 The whole. 6017 . . Police Regulation (Reservists) Act 1956 So far as is not

otherwise repealed. 6018 . . Police Pensions Fund Act 1956 The whole. 6091 . . Police Regulation (Amendment) Act

1957 . . The whole.

SECOND SCHEDULE.

FORM A.

Oath for Members of the Police Force of Victoria. I swear by Almighty God that I will well and truly serve our

Sovereign Lady the Queen as a member of the Police Force of Victoria in such capacity as I may be hereafter appointed, promoted, or reduced to without favour or affection malice or ill-will for the period of from this date, and tintil I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same, and that while I shall continue to be a member of the Police Force of Victoria I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law.(<0

Sections 13 105.

FORM B.

Oath for Members of the Retired Police Reserve of Victoria.

I swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen as a member of the Retired Police Reserve of Victoria, without favour or affection, malice or ill-will; that I will see and cause Her Majesty's peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same; and that while I shall continue to be a member of the Retired Police Reserve I will to the best of my skill and knowledge discharge all duties legally imposed on me faithfully and according to law.(°)

(a) As to the mode of administering the oath, see the Evidence Act 1958, Part IV., Division 1.


Section 23, 25. 39.

THIRD SCHEDULE.

FORM A.

We certify that on the day of 19 we examined a member of the Police Force of Victoria and we further certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Dated this day of 19 Members of the Medical Board.

No. 4592 ». 5 ( 3 ) .

FORM B.

HAVING considered medical evidence submitted to us as to the health of a member of the Police Force of Victoria, we certify that we

believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [stale whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.

Dated this day of 19 Members of the Medical Board.

Sections 40, 46. 58, 59. 60, 64.

FOURTH SCHEDULE.

SCALES OF PENSIONS, ALLOWANCES, AND GRATUITIES.

PART I.

MEMBERS OF THE POLICE FORCE.

(a) Ordinary Pensions.

1. On retirement under section forty-two of this Act.—Such proportion of the annual pay as is specified in scale number 1, set out in the subjoined table.

2. On retirement under paragraph (a) of section forty-three of this Act.—Such proportion of the annual pay as is specified in scale number 2, set out in the said table.

(b) Special Pensions.

3. On retirement under paragraph (b) of section forty-three of this Act—

(a) On total disablement from an injury received in the execution of duty—

(i.) if the injury is non-accidental, such proportion of the annual pay as is specified in scale number 3 in the said table;

(ii.) if the injury is accidental, such proportion of the annual pay as is specified in scale number 4 in the said table;

(iii.) if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates prescribed in the preceding paragraphs (i.) and (ii.) as the Police Superannuation Board may recommend.

(/>) On partial disablement from an injury received in the execution of duty.—Such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement:

Provided that the pension shall not be less than such proportion of the annual pay as is specified, if the injury was non-accidental, in scale number 5 in the subjoined table, and otherwise in scale number 6 in the said table.


FOURTH SCHEDULE—continued*

(c) Gratuities.

4. On retirement under paragraph (c) of section forty-three of this Act.—The gratuity shall be an amount equal to one-twelfth of the annual pay for each completed year of approved service, or, where a member of the force has not completed one year of approved service, an amount equal to one-twelfth of the whole pay received by him.

TABLE.

Scales of Pensions.

Proportion of Pension to Pay on Retirement.

On retirement under section 43(a). Scale No. 1 Scale No. 2.

Completed

Scale No. 1 Scale No. 2.

Scale No. 3. Scale No. 4. Scale No. 5. Scale No. 6. years of

approved service.

years of approved

service. On total On total On partial On partial On retirement On retirement disablement disablement disablement disablement

under under from non- from from non- from section 42. section 43 (a). accidental accidental accidental accidental

injury injury injury injury received in received in received in received in

execution of execution of execution of execution of duty. duty. duty. duty.

60ths 60ths 60ths 60ths 60ths 60ths 1 or less , , 45 30 20 10 2 , t 45 30 20 10 3 # , 45 30 20 10 4 t t 45 30 20 10 5 # t 45 30 20 10 5 t , 45 30 20 10 7 # t . , 45 30 20 10 8 45 30 20 10 9 45 30 20 10

10 io 45 30 20 10 11 n 48 32 21 11 12 12 48 32 22 12 13 13 48 32 23 13 14 t 14 48 32 24 14 15 15 15 48 32 25 15 16 16 16 51 34 26 16 17 17 17 51 34 27 17 18 18 18 51 34 28 18 19 19 19 51 34 29 19 20 20 20 51 34 30 20 21 22 22 54 36 32 22 22 24 24 54 36 34 24 23 26 26 54 36 36 26 24 28 28 54 36 38 28 25 30 30 54 36 40 30 26 32 32 57 38 to 32 27 34 34 57 38 40 34 28 36 36 57 38 40 36 29 38 38 57 38 40 38 30 or over 40 40 60 40 40 40


FOURTH SCHEDULE—continued.

PART II.

WIDOWS AND CHILDREN.

(a) Widows' Pensions. Sees. 44. 5. Widow's ordinary pension.—The pension shall be at the rate per annum No. 5460 s. 5- specified hereunder (increased both as to annual rate and as to maximum amount No!5897s.3," by twenty-five per centum per annum), that is to say:— No. 6091 a. 2.

If her husband was at the time of his death or retirement a constable or first constable—£72 per annum, together with an additional £2 per annum for each full year of approved service over and above 5 years:

Provided that the maximum pension shall not exceed £123 per annum;

If her husband was at the time of his death or retirement a senior constable —£132 per annum together with an additional £2 per annum for each full year of approved service as a senior constable:

Provided that the maximum pension shall not exceed £156 per annum;

If her husband was at the time of his death or retirement a sergeant—£187 pei annum;

If her husband was at the time of his death or retirement a sub-inspector or station officer—£216 per annum;

If her husband was at the time of his death or retirement an inspector or of a higher rank than inspector—£228 per annum.

See 3.44. *>• Widow's special pension.—The pension shall be equal to one-third of her husband's annual pay at the time of his death or retirement.

(b) Widows' Gratuities.

See 8.44. ?• The gratuity shall be of such amount as the Police Superannuation Board may recommend, but not exceeding one-twelfth of her husband's annual pay for each completed year of approved service, or where he had not completed one year of approved service one-twelfth of the whole of the pay received by him.

(c) Children's Allowances.

j , , , 4J> 8. Member of the force or pensioner dying otherwise than as the result of No 5897 8.4 non-accidental injury received in the execution of duty.—The allowance in respect

of each child of such member or pensioner shall be at the rate of £26 per annum except in cases where the wife of such member or pensioner is dead or divorced in which case the rate shall be £52 per annum. Every such allowance shall be payable until the end of the fortnightly pay period in which the age of sixteen years is attained or in which the allowance would otherwise cease to be payable.

9. Member of the force or pensioner dying as the result of non-accidental injury received in the course of duty.—The allowance in respect of each child of such a member or pensioner shall—

(a) if the member or pensioner leaves no widow or the widow dies before all the children attain the age of sixteen years, be at the rate of £52 per annum increased to such amount as the Governor in Council determines not exceeding two-fifteenths of the annual pay (but in no such case shall the aggregate amount payable in any year by way of children's allowances under this paragraph 9 when added to the widow's pension, if any, exceed two-thirds of such pay);

(b) in any other case, be at the rate of £26 per annum. Every such allowance (shall be payable until the end of the fortnightly pay period in which the age of sixteen years is attained or in which the allowance would otherwise cease to be payable.

:1958. Police Regulation. No. 6338 1149

FOURTH . SCHEDULE—continued.

(d) Children's Gratuities. 10. The gratuity shall be of such amount as the Police Superannuation Board

may recommend, not exceeding one-sixtieth of the annual pay for each completed year of approved service of the member of the force or pensioner, or, where he had not completed one year of appioved service, not exceeding one-sixtieth of the annual pay, so that the total amount of any gratuity or gratuities granted to the children or to the widow and children does not exceed one-twelfth of the annual pay for each completed year of approved service, and the total amount of any gratuities granted to the children shall not, in any case, exceed the annual pay.

(e) Dependants' Gratuities. 11. The total amount of any gratuity or gratuities paid to a dependant or

dependants of a member of the force or pensioner shall not exceed the amount of the rateable deductions which have been made from his pay.

PART III.

GENERAL RULES.

12. The same person shall not be entitled, unless expressly so provided in Division two of Part III. of this Act, to a gratuity in addition to a pension or allowance, or to both an ordinary pension and a special pension.

13. A gratuity shall be paid in one sum, except that in special cases it may be paid by instalments or applied on behalf of the grantee if the Police Superannuation Board recommends that it would be to the advantage of a widow, child or dependant to do so; and a child's allowance or gratuity or a dependant's gratuity may be paid to a guardian or trustee if the Police Superannuation Board recommends that it would be to the advantage of the child or dependant to do so.

14. If the widow of a member of the force was at the time of his death living apart from her husband (not having been deserted by him), a pension or gratuity shall be paid to her only if the Police Superannuation Board is satisfied that he regularly contributed to her support; and the amount of a pension shall not, in such a case, exceed the amount which her husband contributed.

15. The widow and children of a pensioner shall not receive any pension, allowance, or gratuity unless the marriage took place before he retired on pension.

16. The pension of the widow of a member of the force to whom a gratuity has been granted on retirement shall be payable as from such date after his death as the Police Superannuation Board may recommend, and the pension of the widow of a pensioner shall be payable as from the end of the last period in respect of which her husband's pension was paid.

17. The payment of a widow's pension or the balance of a widow's gratuity shall, if at any time she re-marries, be suspended, but, in the event of her again becoming a widow, shall be resumed on proof to the satisfaction of the Police Superannuation Board that her circumstances are such that the pension or balance of gratuity is necessary for her support and that she is of good character and deserving of bounty out of public funds.

18. A widow's pension or the balance of a widow's gratuity shall be payable only so long as she is of good character.

19. (a) In calculating any pension, gratuity, or allowance for the purposes of Division two of Part III. of this Act, " annual pay " means annual pay at the date of aeath or retirement (as the case may require):

Provided that— (i) where a member of the force at the date of his retirement or death holds

a rank to which he has been promoted within the three preceding years, his annual pay at the date of the retirement or death shall be deemed to be the average annual amount of pay received by him for the said three years, instead of the annual amount actually received by him at that date, so, however, that the pension allowance or maximum gratuity payable shall not be less than if he had continued in his former rank; and

l1150 1958. Police Regulation. No. 6338

FOURTH SCHEDULE—continued.

No. 4592 s. 10. (ii) where the pay at the date of death or retirement was weekly pay, the amount of the annual pay shall be deemed to be fifty-two times the amount of the weekly pay.

(6) For the purpose of the foregoing provisions of this rule, the following only shall be recognised as ranks in the force, that is to say. Chief Commissioner, superintendent, inspector, sub-inspector, and any other officer of different grade, and sergeant, senior constable, first constable, and constable.

no. 6338. police regulation act 1958. an act …1958. police regulation. no. 6338 1095 no. 6338....

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