INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 5 Meaning of police personnel conduct, police personnel conduct complaint and police personnel misconduct

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 5

For the purposes of this Act—

"police personnel" conduct means—

        (a)     in relation to a public officer who is a police officer or protective services officer—

              (i)     an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a police officer or protective services officer; or

              (ii)     conduct which constitutes an offence punishable by imprisonment; or

              (iii)     conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or

              (iv)     disgraceful or improper conduct (whether in the public officer's official capacity or otherwise);

        (b)     in relation to a public officer who is a Victoria Police employee or police recruit—

              (i)     an act or decision or the failure or refusal by the public officer to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the public officer has as, or by virtue of being, a Victoria Police employee or police recruit; or

              (ii)     conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it;

"police personnel conduct complaint" means—

        (a)     a complaint made to the IBAC under section 167 of the Victoria Police Act 2013 ; or

        (b)     a complaint made to the IBAC in relation to the police personnel conduct of a member of Victoria Police personnel other than a police officer or protective services officer;

"police personnel misconduct" means—

        (a)     in relation to a public officer who is a police officer or protective services officer—

              (i)     conduct which constitutes an offence punishable by imprisonment; or

              (ii)     conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it; or

              (iii)     disgraceful or improper conduct (whether in the public officer's official capacity or otherwise);

        (b)     in relation to a public officer who is a Victoria Police employee or police recruit, conduct which is likely to bring Victoria Police into disrepute or diminish public confidence in it.

S. 6 inserted by No. 13/2012 s. 4 (as amended by No. 82/2012 s. 148(1)).