Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
This Act may be cited as the Police Regulation (Pensions) Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2 amended by No. 10087 s. 3(1)(Sch. 1 item 182), repealed by No. 35/1993 s. 4.
* * * * *
No. 3750 s. 3.
S. 3 amended by No. 120/1994 s. 7(1).
In this Act unless inconsistent with the context or subject-matter—
S. 3(1) def. of agency photograph inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Appeals Board inserted by No. 61/1999 s. 4(b), repealed by No. 77/2012 s. 4(b).
s. 3
* * * * *
S. 3(1) def. of appointed member inserted by No. 30/1999 s. 4, repealed by No. 61/1999 s. 4(a).
* * * * *
S. 3(1) def. of authorised media organisation inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Chief Commis-sioner inserted by No. 81/2013 s. 279(1).
Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
S. 3(1) def. of chief executive inserted by No. 34/2008 s. 133, repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of directed transfer inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Director inserted by No. 63/2004 s. 4(1)(a), amended by No. 34/2008 s. 142(1)(a), repealed by No. 13/2012 s. 11(1)(a).
* * * * *
s. 3
S. 3(1) def. of domestic partner inserted by No. 40/2010 s. 26(1)(a).
domestic partner of a person means—
a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
a person to whom the person is not married but with whom, in the opinion of the ESS Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of ESS Board inserted by No. 120/1994 s. 6(1)(a).
ESS Board means the Emergency Services Superannuation Board established under the Emergency Services Superannuation Act 1986;
S. 3(1) def. of former member of police personnel inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of IBAC inserted by No. 13/2012 s. 11(1)(b), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of IBAC Officer inserted by No. 13/2012 s. 11(1)(b), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of insolvent under administration inserted by No. 61/1999 s. 4(b), repealed by No. 4/2008 s. 32(Sch. item 24).
* * * * *
s. 3
S. 3(1) def. of journalism organisation inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of law enforcement agency inserted by No. 52/2007 s. 4(1), amended by Nos 13/2012 s. 11(1)(c), 82/2012 s. 164(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of legal practitioner inserted by No. 61/1999 s. 4(b), substituted by No. 18/2005 s. 18(Sch. 1 item 83), repealed by No. 81/2013 s. 279(3).
* * * * *
s. 3
S. 3(1) def. of media organisation inserted by No. 52/2007 s. 4(1), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of member of police personnel inserted by No. 52/2007 s. 4(1), amended by No. 85/2012 s. 124(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of member of staff of the Office of Police Integrity inserted by No. 63/2004 s. 4(1)(a), substituted by No. 34/2008 s. 142(1)(c), repealed by No. 13/2012 s. 11(1)(a).
* * * * *
the force means officers and other members of the police force of Victoria whether employed upon land or upon water;
s. 3
member of the force shall apply to every person (whether male or female) employed in the force;
S. 3(1) def. of Office of Police Integrity inserted by No. 63/2004 s. 4(1)(a), amended by No. 34/2008 s. 142(1)(b), repealed by No. 13/2012 s. 11(1)(a).
* * * * *
S. 3(1) def. of Ombudsman inserted by No. 32/2004 s. 9(1), repealed by No. 81/2013 s. 279(3).
* * * * *
Part means Part of this Act;
S. 3(1) def. of partner inserted by No. 40/2010 s. 26(1)(a).
partner of a person means the person's spouse or domestic partner;
S. 3(1) def. of Police Board inserted by No. 72/1992 s. 4, repealed by No. 61/1999 s. 4(a).
* * * * *
S. 3(1) def. of police force of another jurisdiction inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of police gaol inserted by No. 79/2004 s. 74, repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Police Ombudsman inserted by No. 32/2004 s. 9(1), repealed by No. 63/2004 s. 4(1)(b).
* * * * *
s. 3
S. 3(1) def. of Police Profession Register inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of police reservist inserted by No. 77/2012 s. 4(a), substituted by No. 81/2013 s. 279(2).
police reservist means a person who held office as a police reservist under Part VI immediately before the commencement of section 282 of the Victoria Police Act 2013;
S. 3(1) def. of prison inserted by No. 79/2004 s. 74, substituted by No. 48/2006 s. 42(Sch. item 28), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Professional Standards Division inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of professional standards function inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
s. 3
S. 3(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 124(b), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of protective services officer inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of PRS Board inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
s. 3
S. 3(1) def. of PRS Board officer inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of public authority inserted by No. 34/2008 s. 133, repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of public officer inserted by No. 34/2008 s. 133, repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Registration Division inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
s. 3
S. 3(1) def. of registration function inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Review Division inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of review function inserted by No. 77/2012 s. 4(a), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(1) def. of Scheme inserted by No. 120/1994 s. 6(1)(a).
Scheme means the Emergency Services Superannuation Scheme established under the Emergency Services Superannuation Act 1986;
S. 3(1) def. of Special Investigations Monitor inserted by No. 79/2004 s. 74, repealed by No. 82/2012 s. 164(b).
* * * * *
s. 3
S. 3(1) def. of spouse inserted by No. 8722 s. 2(a), substituted by Nos 120/1994 s. 6(1)(b), 40/2010 s. 26(1)(b), amended by No. 82/2012 s. 164(c).
spouse of a person means the person to whom the person is, or was at the time of the person's death, married.
S. 3(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 164(d), repealed by No. 81/2013 s. 279(3).
* * * * *
S. 3(2) inserted by No. 120/1994 s. 7(2).
In this Act (other than in sections 59 and 62)—
words importing the feminine gender include the masculine gender; and
words importing the masculine gender include the feminine gender.
S. 3(3) inserted by No. 120/1994 s. 7(2), amended by No. 40/2010 s. 26(2).
Without limiting the generality of subsection (2), in this Act (other than in sections 59 and 62) a reference to "his widow" is to be construed as a reference to "his or her partner" where the member of the force or pensioner is deceased and other parts of speech and grammatical forms of "widow" are to be construed as having a corresponding meaning.
S. 3(4) inserted by No. 52/2007 s. 4(2), repealed by No. 81/2013 s. 280(4).
* * * * *
S. 3(5) inserted by No. 40/2010 s. 26(3).
For the purposes of the definition of domestic partner in subsection (1)—
registered domestic relationship has the same meaning as in the Relationships Act 2008; and
s. 3
in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
_______________
Pt 1 (Heading) substituted by No. 7081 s. 15(3).
S. 7(1) amended by Nos 23/1994 s. 118 (Sch. 1 item 43.1), 97/2005 s. 182(Sch. item 40.1), 13/2010 s. 51(Sch. item 42.1).
s. 7
The Governor in Council may from time to time appoint three persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) as a Board hereinafter designated the Medical Board for the purpose of examining the 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.
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.
S. 8 amended by Nos 6957 s. 2(c)(d), 8179 s. 3(b)(c), 8745 s. 2, substituted by Nos 9906 s. 3, 10250 s. 4(2), 42/1990 s. 4(1), amended by Nos 30/1999 s. 11(1), 77/2012 s. 6, 73/2013 s. 98, repealed by No. 81/2013 s. 280.
* * * * *
S. 8AA inserted by No. 42/1990 s. 4(1), amended by Nos 72/1992 s. 7, 35/1993 s. 6, 23/1996 s. 3, 30/1999 s. 11(2), 61/1999 s. 6(1), 9/2001 s. 4, repealed by No. 77/2012 s. 7.
* * * * *
s. 7
S. 8AB inserted by No. 42/1990 s. 4(1), amended by Nos 23/1996 s. 4, 30/1999 s. 11(3), 77/2012 s. 8, repealed by No. 81/2013 s. 280.
* * * * *
S. 8AC inserted by No. 77/2012 s. 9, repealed by No. 81/2013 s. 280.
* * * * *
S. 8A inserted by No. 10250 s. 6, amended by Nos 11/1992 s. 5, 67/2007 s. 3, repealed by No. 81/2013 s. 280.
* * * * *
S. 9 amended by No. 6957 s. 2(e)(i)(ii), repealed by No. 42/1990 s. 12(1)(a), new s. 9 inserted by No. 77/2012 s. 10, repealed by No. 81/2013 s. 280.
* * * * *
S. 9A inserted by No. 77/2012 s. 10, repealed by No. 81/2013 s. 280.
* * * * *
s. 8AC
S. 10 repealed by No. 81/2013 s. 280.
* * * * *
S. 11 amended by No. 77/2012 s. 11, repealed by No. 81/2013 s. 280.
* * * * *
S. 12 repealed by No. 42/1990 s. 12(2).
* * * * *
S. 13 amended by Nos 8179 s. 3(d), 9527 s. 3, 9902 s. 2(1)(Sch. item 204), 10250 s. 7, 15/1989 s. 7(1)(a)(b), 57/1989 s. 3(Sch. item 156.1), 30/1999 s. 12(a), repealed by No. 81/2013 s. 280.
* * * * *
s. 12
S. 14 amended by Nos 8097 s. 3, 15/1989 s. 8(1), 42/1990 s. 8(a), repealed by No. 81/2013 s. 280.
* * * * *
Ss 15, 16 repealed by No. 81/2013 s. 280.
* * * * *
S. 16A inserted by No. 7081 s. 15(1), amended by Nos 7142 s. 2(Sch.), 8179 s. 3(e)(i)-(iii), 9460 s. 4(a), 10258 s. 7(1)(a)–(c), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 45), substituted by No. 42/1995 s. 224(Sch. 2 item 30).
s. 16A
S. 16A(1) repealed by No. 81/2013 s. 280.
* * * * *
Any member of the force who becomes an officer within the meaning of the State Superannuation Act 1988 shall be entitled to elect to retire upon attaining the age of 50 years or at any time thereafter.
S. 16B inserted by No. 9646 s. 3, amended by Nos 50/1988 s. 93(2)(Sch. 2 Pt 2 item 45), 23/1994 s. 118(Sch. 1 item 43.2), substituted by No. 26/1997 s. 39, amended by Nos 97/2005 s. 182(Sch. item 40.2), 13/2010 s. 51(Sch. item 42.2), repealed by No. 81/2013 s. 280.
* * * * *
S. 16C inserted by No. 77/2012 s. 12, repealed by No. 81/2013 s. 280.
* * * * *
_______________
Pt 2 (Heading and ss 17–20) amended by Nos 6833 s. 2, 7876 s. 2(3), 8179 s. 3(f)–(h), 10250 s. 8, 10257 s. 91, 57/1989 s. 3(Sch. items 156.2–156.4), 42/1990 ss 5, 12(2), 30/1999 s. 12(b), 77/2008 s. 129(Sch. 2 item 19), repealed by No. 81/2013 s. 281.
* * * * *
s. 16C
Pt 3 (Heading) amended by No. 7081 s. 15(4).
s. 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.
No. 3750 s. 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 year's 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.
No. 3750 s. 23.
s. 23
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 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.
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.
No. 3750 s. 24.
S. 24 amended by No. 120/1994 s. 6(1)(c).
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 ESS Board 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.
No. 3750 s. 25.
s. 25
When any member of the force has served for a less period than ten 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 Chief Commissioner, such member shall be entitled to his discharge and to receive a gratuity of one month's pay for each year of service at his then rate of pay.
No. 3750 s. 26.
Any pension or retiring allowance shall be granted to members of the force only 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—
on conviction of the grantee for any indictable offence;
on his knowingly associating with suspected persons thieves or other offenders;
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;
on his refusing to resume his duties in his former office in the force when required by the Governor in Council;
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 or 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.
No. 3750 s. 27.
Showing the first 10 of 93 provisions. See all provisions