OFFENCES BY OR SERVICE OF PROCESS ON POLICE EMPLOYEES

Question 0

NOTIFICATION OF OFFENCES AND RECEIPT PROCESS

Work Unit Manager’s Responsibilities -
Report to the AC in the following cases:

Answer 0

• Indictable matters
• Cases where it is believed that the behaviour of the employee is likely to bring the integrity and standards of VicPol or the public sector into disrepute
• Cases where the police member commits a traffic offence/s resulting in the impoundment of relevant vehicle
• Cases where police member civilian licence is suspended or cancelled due to committing traffic offence/s involving excessive speed
• cases which may impact upon an employee’s ability to perform their duties

Question 1

NOTIFICATION OF OFFENCES AND RECEIPT OF PROCESS

Employees responsibilities -
Employees are required to notify their Work Unit Manager as soon as practicable, in writing, where:

Answer 1

• They are charged with any offence
• They are arrested for any offence
• They receive an infringement notice
• Their driving licence is suspended, cancelled, or they are disqualified from obtaining a licence
• They commit a traffic offence/s resulting in the impoundment of the vehicle they were driving
• They are served with an IVO or FVSN
• They receive any other court process

Question 2

NOTIFICATION OF PROCESS AGAINST POLICE EMPLOYEES

Employees must notify the Staff Officer, Legal Services Department and fax a copy of any process:

Answer 2

• Served by the employee; Or

- In which they are named in, served with or if receiving process

Question 3

NOTIFICATION OF PROCESS AGAINST POLICE EMPLOYEES

Process includes:

Answer 3

• General arrest or summons procedures
• Civil writs or claims where the employee or VicPol is named as the defendant or subject of a claim
• Bankruptcy notices
• Family law court process
• IVOs
• Infringement notices only if likely to bring VicPol into disrepute or likely to impact on employees duties

Question 4

ADDITIONAL REQUIREMENTS FOR BREACHES OF ROAD RULES - VICTORIA WHILE DRIVING A POLICE VEHICLE

Overview -
When an employee is detected in breach of the road rules and receives a traffic camera office file or infringement notice they may:

Answer 4

• Elect to accept and pay the infringement notice
• Apply for an Official Warning
• If they are a police member, seek an exemption from the provisions of the road rules

Question 5

ADDITIONAL REQUIREMENTS FOR BREACHES OF ROAD RULES - VICTORIA WHILE DRIVING A POLICE VEHICLE

Accepting an Infringement Notice -
Employees responsibilities:

Answer 5

• Prepare a report, requesting to have the infringement notice issued
• Forward the report through the work unit manager to the local area commander or senior manager

Question 6

ADDITIONAL REQUIREMENTS FOR BREACHES OF ROAD RULES - VICTORIA WHILE DRIVING A POLICE VEHICLE

Applying for an official warning -
Employee responsibilities:

Answer 6

• Prepare a report addressing the circumstances and attach it to the TCO file
• Forward the file through to their work unit manager to the local area commander or senior manager

Question 7

ADDITIONAL REQUIREMENTS FOR BREACHES OF ROAD RULES - VICTORIA WHILE DRIVING A POLICE VEHICLE

Exemptions from the road rules -
Legislation:

Answer 7

• Under rules 305 and 307, road rules Victoria, the provisions do not apply to the driver of a police vehicle in certain circumstances
• The exemptions only apply to police members

Question 8

ADDITIONAL REQUIREMENTS FOR BREACHES OF ROAD RULES - VICTORIA WHILE DRIVING A POLICE VEHICLE

Exemptions from the road rules -
Employee responsibilities:

Answer 8

• Submit a report requesting that an exemption be granted. The report should:
  
  • Address the circumstances which warrant the exemption
  • Include supporting documentary evidence contemporaneous to the breach where available
  • Forward the report through the work unit manager to the local area commander or senior manager