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Justice Legislation Amendment (Police Custody Officers) Act 2015

No. 59 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Victoria Police Act 2013 3

3 Definitions 34 Definitions—drug and alcohol testing 35 New section 89A inserted 36 Persons subject to random testing 47 New Part 11A inserted 4

Part 3—Corrections Act 1986 14

8 Definitions 149 Legal custody of the Chief Commissioner of Police 1410 Police gaols 1411 Powers of police officers and police custody officers 1512 Heading to Part 9A substituted 1613 Insertion of Division 1 heading in Part 9A 1614 Definitions—Management of police gaols and transfer,

transport and supervision powers 1615 New section 104AB inserted 1616 New Division 2 inserted in Part 9A 1717 Insertion of Division 3 heading in Part 9A 2118 Formal searches in police gaols 2119 Search powers 2220 Seizure 2221 New Divisions 4 and 5 of Part 9A inserted 2322 Regulations 2923 Consequential amendments—drug of dependence 29

Part 4—Court Security Act 1980 31

24 Definitions 31

Part 5—Crimes Act 1958 32

25 Definitions 32

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26 Fingerscanning for identification purposes 3227 Procedure for taking samples etc. 32

Part 6—Road Safety Act 1986 34

28 Definitions 3429 Oral fluid testing and analysis 34

Part 7—Repeal of amending Act 36

30 Repeal of amending Act 36═══════════════

Endnotes 37

1 General information 37

Justice Legislation Amendment (Police Custody Officers) Act 2015†

No. 59 of 2015

[Assented to 18 November 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are to amend—

(a) the Victoria Police Act 2013 to provide for the authorisation and powers of police custody officers; and

Victoria

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(b) the Corrections Act 1986—

(i) to provide for the authorisation and powers of police custody officers under that Act; and

(ii) in relation to certain powers of police officers under that Act; and

(iii) to otherwise improve the operation of that Act; and

(c) the Court Security Act 1980 to provide for the authorisation of police custody officers under that Act; and

(d) the Crimes Act 1958 in relation to the powers of police custody officers to carry out certain procedures; and

(e) the Road Safety Act 1986 to provide for the authorisation of police custody officers to take samples of oral fluid.

2 Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Section Page

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Part 2—Victoria Police Act 20133 Definitions

In section 3(1) of the Victoria Police Act 2013 insert the following definitions—

"drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

police custody officer means a Victoria Police employee authorised to act as a police custody officer under section 200D;".

4 Definitions—drug and alcohol testing

In section 82 of the Victoria Police Act 2013, the definition of drug of dependence is repealed.

5 New section 89A inserted

After section 89 of the Victoria Police Act 2013 insert—

"89A Targeted testing—police custody officers

(1) This section applies to police custody officers who are rostered on.

(2) The Chief Commissioner may give a testing direction to a person specified in subsection (1) if—

(a) the Chief Commissioner reasonably suspects that the person has consumed alcohol or a drug of dependence; and

(b) because of that suspicion, the Chief Commissioner reasonably believes that the person ought to be tested for the good order and discipline of Victoria Police.

(3) The Chief Commissioner may give a testing direction to a person specified in

Part 7—Repeal of amending Act

Justice Legislation Amendment (Police Custody Officers) Act 2015No. 59 of 2015

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subsection (1) if the Chief Commissioner reasonably believes that the person appears to be unfit for work because the person has consumed alcohol or a drug of dependence.".

6 Persons subject to random testing

At the end of section 94 of the Victoria Police Act 2013 insert—

"(2) Despite subsection (1), this Division applies to police custody officers.".

7 New Part 11A inserted

After Part 11 of the Victoria Police Act 2013 insert—

"Part 11A—Police custody officers

Division 1—Preliminary200A Definitions

In this Part—

police gaol has the same meaning as in the Corrections Act 1986;

supervise, in relation to a person, includes to take charge of and to hold the person;

transport includes escort, bring, transfer, convey, take and deliver.

Division 2—Duties, authorisation etc.200B Duties of police custody officers

Police custody officers have the following duties—

(a) to assist with the management and operation of police gaols and police stations in accordance with this Act and the Corrections Act 1986;



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(b) to supervise and transport persons in accordance with this Act and the Corrections Act 1986;

(c) any other duties determined by the Chief Commissioner from time to time.

200C Police custody officers have powers in declared police gaols

On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may declare the police gaols at which, or in relation to which, police custody officers may exercise their powers under Divisions 2 and 3 of Part 9A of the Corrections Act 1986.

200D Authorisation of police custody officers

(1) The Chief Commissioner, by instrument, may authorise a Victoria Police employee to act as a police custody officer.

(2) An authorisation may be given subject to any conditions or limitations that are stated in it.

200E Scope of authorisation may be limited

(1) Without limiting section 200D(2), the Chief Commissioner may at any time limit the scope of an authorisation given to a Victoria Police employee under section 200D by—

(a) specifying that the Victoria Police employee may only exercise specified powers under the authorisation; or

(b) specifying that the Victoria Police employee may not exercise specified powers under the authorisation.

(2) If the Chief Commissioner limits the scope of a Victoria Police employee's authorisation, the Chief Commissioner must



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give the Victoria Police employee written notice of the limitations that apply to the authorisation.

(3) A limitation on a Victoria Police employee's authorisation under this section takes effect when the Victoria Police employee receives the notice of the limitation required by subsection (2).

200F Variation, suspension and revocation of authorisation

The Chief Commissioner, by instrument, may vary, suspend or revoke an authorisation under section 200D at any time.

Division 3—Powers of police custody officers in relation to arrested persons

200G Police custody officers to supervise arrested persons at Chief Commissioner's direction

(1) The Chief Commissioner may direct a police custody officer to supervise a person at a police station if the person is under lawful arrest.

(2) The Chief Commissioner may direct a police custody officer to supervise a person at a hospital or other facility at which medical assessments, care or treatment are provided, if the person is under lawful arrest.

(3) A police custody officer must comply with a direction of the Chief Commissioner.

(4) A person who is being supervised by a police custody officer under this section is taken to be in the legal custody of the Chief Commissioner while being supervised.



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200H Police custody officers to transport and supervise arrested persons at Chief Commissioner's direction

(1) The Chief Commissioner may direct a police custody officer to do any of the following—

(a) transport a person who is under lawful arrest and who is in a police station to any place (including to a hospital, court, police gaol or another police station);

(b) transport a person who is under lawful arrest from any place (including from a hospital, court, police gaol or another police station) to a police station;

(c) supervise a person who is being transported under paragraph (a) or (b);

(d) supervise a person at a place to which the person has been transported, or from which the person will be transported, under paragraph (a) or (b).

(2) If the Chief Commissioner has directed a police custody officer to transport or supervise a person under subsection (1), a police custody officer may transport that person to, and supervise that person at, a hospital or other facility at which medical assessments, care or treatment are provided, if it is necessary to do so.


(4) A person who is being transported or supervised by a police custody officer under this section is taken to be in the legal custody of the Chief Commissioner while being transported or supervised.



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200I Functions and powers of police custody officers in relation to persons they supervise or transport

(1) A police custody officer has the following functions in relation to a person the police custody officer is supervising or transporting under this Division—

(a) to take all reasonable steps to prevent the escape or attempted escape of the person from the physical custody of the police custody officer;

(b) to take all reasonable steps to ensure that the person's safety and welfare are maintained;

(c) to take all reasonable steps to prevent and detect the commission by the person of any unlawful act or any attempt to commit an unlawful act;

(d) to take all reasonable steps to ensure the good order and discipline of the person;

(e) to take all reasonable steps to ensure the security of any property that is in the person's possession;

(f) to take all reasonable steps to ensure that the person is transported to or from the appropriate place as directed by the Chief Commissioner under this Division;

(g) to take all reasonable steps to ensure that the person is supervised as directed by the Chief Commissioner under this Division.



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(2) A police custody officer has the following powers in relation to a person the police custody officer is supervising or transporting under this Division—

(a) to order the person to do or not to do anything that the police custody officer believes on reasonable grounds is necessary for the safety of the police custody officer, the person or any other person;

(b) to search and examine the person or any thing in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person;

(c) to seize any thing found on the person or in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person;

(d) to apply an instrument of restraint to the person for the duration of the supervision or transport of the person if the Chief Commissioner believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person;

(e) to apply an instrument of restraint to the person during the supervision or transport of a person if the conduct of the person during that supervision or



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transport has been such that it is reasonable to believe that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person;

(f) to continue the application of an instrument of restraint to the person for the duration of the supervision or transport of the person if a police officer applied an instrument of restraint to the person and the police officer believes on reasonable grounds that the application of an instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person.

(3) A police custody officer who seizes any thing under subsection (2) must as soon as practicable inform a police officer.

(4) A police officer who is informed under subsection (3) must deal with any thing, other than a drug of dependence, that is seized under this section in accordance with the Chief Commissioner's instructions.

200J Use of reasonable force

(1) A police custody officer may, where necessary, use reasonable force to compel a person the police custody officer is supervising or transporting under this Division to obey an order given by the police custody officer in the exercise of a function or power the police custody officer has under this Division.



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(2) A police custody officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force.

200K Supervision or transport authorised under other enactments and instruments

(1) If a police custody officer is directed by the Chief Commissioner to supervise or transport a person under this Division, any provision of an Act or regulation, or of a warrant or order of a court, or of any order or instrument under an Act which requires or authorises (either expressly or by necessary implication) a police officer (by name or otherwise) to supervise or transport that person, must be taken to also authorise the police custody officer to supervise or transport that person in place of a police officer in accordance with that authorisation.

(2) Nothing in subsection (1) prevents a police officer from exercising any function referred to in that subsection or any other function under the provision, warrant, order or instrument.

Division 4—Supervision at direction of court

200L Supervision of persons at court by police custody officers

(1) A police custody officer must, if directed by a court, supervise—

(a) a person who has been ordered by the court to be detained in custody on the court premises; or

(b) a person who has surrendered to the custody of the court in answer to the person's bail.



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(2) A police custody officer must comply with any lawful direction of the court when supervising—

(a) a person referred to in subsection (1); or

(b) a person who is attending court and who the Chief Commissioner has directed a police custody officer to supervise or transport under this Act or the Corrections Act 1986.

200M Functions and powers of police custody officers in relation to persons at court

(1) A police custody officer who is directed by a court to supervise a person under section 200L(1) has the functions set out in section 200I(1)(a) to (e) and (g) and may exercise the powers set out in section 200I(2)(a) to (e) and 200J.

(2) For the purposes of subsection (1)—

(a) section 200I applies as if—

(i) any reference to a person the police custody officer is supervising or transporting under Division 3 were a reference to the person being supervised under section 200L(1); and

(ii) any reference to the Chief Commissioner or the Chief Commissioner under Division 3 were a reference to the court under section 200L(1); and



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(b) section 200J applies as if—

(i) the reference to the person the policy custody officer is supervising or transporting under Division 3 were a reference to the person being supervised under section 200L(1); and

(ii) the reference to a function or power the police custody officer has under Division 3 were a reference to a function or power the police custody officer has under subsection (1).

(3) The court may direct the police custody officer to exercise one or more of the powers set out in sections 200I(2)(a) to (e) and 200J.

(4) For the purposes of subsection (3), if the police custody officer is directed by the court to exercise a power under section 200I(2)(a) to (e), that section applies as if it did not require the police custody officer to form a belief on reasonable grounds before exercising the power.".



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Part 3—Corrections Act 19868 Definitions

In section 3(1) of the Corrections Act 1986 insert the following definitions—

"drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

police custody officer has the same meaning as in the Victoria Police Act 2013;".

9 Legal custody of the Chief Commissioner of Police

(1) After section 6D(1A) of the Corrections Act 1986 insert—

"(1B) Without limiting paragraph (a) of subsection (1), a reference to lawful authority in that paragraph includes—

(a) a power of arrest (with or without warrant) under any Act; and

(b) a power of apprehension under any Act or at common law.".

(2) After section 6E(2) of the Corrections Act 1986 insert—

"(3) Without limiting paragraph (b) of subsection (1), a reference to lawful direction or authority in that paragraph includes—

(a) a power of arrest (with or without warrant) under any Act; and

(b) a power of apprehension under any Act or at common law.".

10 Police gaols



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(1) In section 11(7A) of the Corrections Act 1986, after "police officer" insert "or police custody officer".

(2) After section 11(7A) of the Corrections Act 1986 insert—

"(8) A fingerprint referred to in subsection (7A) may be taken—

(a) in a police gaol; or

(b) in the vicinity of a police gaol and within a police station.".

11 Powers of police officers and police custody officers

(1) In the heading to section 55I of the Corrections Act 1986, after "police officers" insert "and police custody officers".

(2) In section 55I(1) of the Corrections Act 1986, after "police officer" insert "or police custody officer".

(3) In section 55I(2) of the Corrections Act 1986, after "police officer" insert "or police custody officer".

(4) In section 55I(3) of the Corrections Act 1986, after "police officers" insert "or police custody officers, or both police officers and police custody officers,".

(5) In section 55I(4) of the Corrections Act 1986, after "police officers" insert "or police custody officers".

(6) After section 55I(4) of the Corrections Act 1986 insert—

"(5) A police custody officer may only exercise a power under this section if the Chief Commissioner has directed the police custody officer under section 104DA to transport the person.".



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12 Heading to Part 9A substituted

For the heading to Part 9A of the Corrections Act 1986 substitute—

"Part 9A—Management of police gaols and transfer, transport and

supervision powers".

13 Insertion of Division 1 heading in Part 9A

Before section 104A of the Corrections Act 1986 insert—

"Division 1—Preliminary".

14 Definitions—Management of police gaols and transfer, transport and supervision powers

In section 104A of the Corrections Act 1986, for the definition of officer in charge substitute—

"officer in charge, in relation to a police gaol, means the police officer for the time being in charge of the police gaol.".

15 New section 104AB inserted

After section 104A of the Corrections Act 1986 insert—

"104AB Powers limited to certain police gaols

A police custody officer may exercise powers under this Part at a police gaol, or in relation to a police gaol, only if the Governor in Council, by Order under section 200C of the Victoria Police Act 2013, has declared that the police gaol is a police gaol at which, or in relation to which, police custody officers may exercise their powers.".



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16 New Division 2 inserted in Part 9A

Before section 104B of the Corrections Act 1986 insert—

"Division 2—Management powers in police gaols

104AC Management of visitors in police gaols

(1) With the permission of the officer in charge of a police gaol, any person may enter the police gaol and visit a detained person.

(2) If a person wishing to visit a detained person is a lawyer acting in the course of the lawyer's practice, the officer in charge of a police gaol—

(a) must not unreasonably refuse permission to the lawyer to visit the police gaol; and

(b) in deciding whether to give or refuse permission to the lawyer to visit the police gaol must have regard to—

(i) the interests of the security of the police gaol and the safe custody of any person held at the police gaol; and

(ii) the principle that a person held in custody should, in the interests of justice, have reasonable access to a legal representative.

(3) If a person wishing to visit a police gaol is under the age of 18 years, the officer in charge of the police gaol may require that the



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person is accompanied by a parent or guardian.

(4) A person wishing to visit, or visiting, a police gaol must, at the request of a police officer or police custody officer, provide—

(a) the prescribed information of the person's identity; and

(b) the prescribed documents of the person's identity to the satisfaction of the police officer or police custody officer.

(5) The information requested by the police officer or police custody officer under subsection (4) in relation to a person under the age of 18 years must be reasonable in the circumstances.

(6) A person must not, in response to a request made under subsection (4), give any information, document or material which is false or misleading.

Penalty: 2 penalty units.

(7) If a person fails to comply with a request made under subsection (4), or the police officer or police custody officer believes on reasonable grounds that a person has contravened subsection (6), the police officer or police custody officer may—

(a) make an order prohibiting the person from entering the police gaol to visit a detained person; or

(b) order the person to leave the police gaol immediately.

(8) A person must comply with an order made under subsection (7).



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(9) The officer in charge of a police gaol may order a visitor to leave the police gaol immediately if the officer in charge believes on reasonable grounds that the order is necessary for the security, good order and management of the police gaol or for the safety of any person at the police gaol.

(10) A person must comply with an order made under subsection (9).


104AD Detained persons to give certain information

(1) A detained person must, at the request of a police officer or police custody officer, give—

(a) the person's full name; and

(b) the person's date of birth; and

(c) the person's residential address immediately before the person was detained.


(2) A person must not, without reasonable excuse, give information which is false or misleading in response to a request made under subsection (1).


104AE Orders to detained persons

A police officer or police custody officer may give to a detained person any order that the police officer or police custody officer believes on reasonable grounds is necessary



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for the security, good order or management of the police gaol or for the safety of any person at the police gaol.

104AF Power to take photographs of detained persons

(1) A police officer or a police custody officer may take photographs of a detained person for the purpose of identification or the compilation of custody records concerning the person at any time after the person is detained.

(2) A photograph referred to in subsection (1) may be taken—

(a) in a police gaol; or

(b) in the vicinity of a police gaol and within a police station.

(3) A police officer or police custody officer may give to a detained person all necessary orders to enable the taking of accurate photographs under subsection (1).

104AG Offence to disobey a lawful order

A detained person must not disobey a lawful order of a police officer or police custody officer given under this Division.


104AH Power to restrain detained persons

(1) The officer in charge of a police gaol may apply, or authorise a police officer or police custody officer to apply, an instrument of restraint to a detained person—

(a) in the case of a police officer, while the person is being moved under escort from one place to another, if the officer in charge believes on reasonable



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grounds that the restraint is necessary to ensure the secure transfer of the person; or

(b) in the case of a police custody officer, while the person is being moved

under escort from one place to another within a police gaol, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or

(c) if the officer in charge believes on reasonable grounds that—

(i) exceptional circumstances exist; and

(ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property.

(2) A police officer or police custody officer applying an instrument of restraint in accordance with subsection (1) must do so in the manner for the time being determined by the Chief Commissioner.".

17 Insertion of Division 3 heading in Part 9A

After Division 2 of Part 9A of the Corrections Act 1986 insert—

"Division 3—Search and seizure powers in police gaols".

18 Formal searches in police gaols

(1) For section 104B(1) of the Corrections Act 1986 substitute—

"(1) A person who wishes to enter or remain in a police gaol as a visitor must submit to a



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formal search if asked to do so by a police officer or police custody officer.".

(2) In section 104B(3) of the Corrections Act 1986—

(a) after "when asked" insert "under subsection (1)";

(b) after "police officer" insert "or police custody officer".

19 Search powers

(1) In section 104C(1) of the Corrections Act 1986—

(a) after "police officer" (where first occurring) insert "or police custody officer";

(b) in paragraph (b), after "a police officer" insert ", police custody officer";

(c) in paragraph (c), for "the police" (where secondly occurring) substitute "Victoria Police".

(2) In section 104C(3) of the Corrections Act 1986—

(a) after "police officer" insert "or police custody officer";

(b) in paragraph (d), for "gaol;" substitute "gaol.".

(3) In section 104C(4) of the Corrections Act 1986, for "or a police officer" substitute ", a police officer or a police custody officer".

20 Seizure

(1) In section 104D(1) of the Corrections Act 1986—

(a) after "a police officer" insert "or police custody officer";



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(b) in paragraph (a), after "the police officer" insert "or police custody officer";

(c) in paragraph (c), after "the police officer" insert "or police custody officer";

(d) in paragraph (d), after "the police officer" insert "or police custody officer".

(2) In section 104D(2) of the Corrections Act 1986, after "police officer" insert "or police custody officer".

(3) Section 104D(3) of the Corrections Act 1986 is repealed.

21 New Divisions 4 and 5 of Part 9A inserted

After section 104D of the Corrections Act 1986 insert—

"Division 4—Transport and supervision of persons by police custody officers

104DA Police custody officers to transport persons at Chief Commissioner's direction

(1) The Chief Commissioner may direct a police custody officer to do any of the following—

(a) transport a detained person to any place (including a police station, hospital, court or another police gaol);

(b) transport a person who is to be detained in a police gaol from any place (including a police station, hospital, court or another police gaol) to the police gaol;

(c) transport a patient from a designated mental health service to a court, a police gaol or another designated mental health service;



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(d) transport a patient from a court or police gaol to a designated mental health service;

(e) transport a person detained in a remand centre, youth residential centre or youth justice centre from that centre to a court or police gaol;

(f) transport a person who is to be detained in a remand centre, youth residential centre or youth justice centre from a court or police gaol to such a centre;

(g) supervise a person who is being transported under paragraphs (a) to (f);

(h) supervise a person at a place to which the person has been transported, or from which the person will be transported, under paragraphs (a) to (f).

(2) If the Chief Commissioner has directed a police custody officer to transport or supervise a person under subsection (1), a police custody officer may transport that person to, and supervise that person at, a hospital or other facility at which medical assessments, care or treatment are provided, if it is necessary to do so.


(4) Without limiting section 6D or 6E, a person who is being transported or supervised by a police custody officer under this section is taken to be in the legal custody of the Chief Commissioner while being transported or supervised.

(5) In this section—



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designated mental health service has the same meaning as in the Mental Health Act 2014;

patient has the same meaning as in the Mental Health Act 2014;

remand centre has the same meaning as in the Children, Youth and Families Act 2005;

youth justice centre has the same meaning as in the Children, Youth and Families Act 2005;

youth residential centre has the same meaning as in the Children, Youth and Families Act 2005.

104DB Functions and powers of police custody officers in relation to persons they transport or supervise

(1) A police custody officer has the following functions in relation to a person the police custody officer is transporting or supervising under this Division—

(a) to take all reasonable steps to prevent the escape or attempted escape of the person from the physical custody of the police custody officer;

(b) to take all reasonable steps to ensure that the person's safety and welfare are maintained;

(c) to take all reasonable steps to prevent and detect the commission by the person of any unlawful act or any attempt to commit an unlawful act;



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(d) to take all reasonable steps to ensure the good order and discipline of the person;

(e) to take all reasonable steps to ensure the security of any property that is in the person's possession;

(f) to take all reasonable steps to ensure that the person is transported to or from, or supervised at, the appropriate place as directed by the Chief Commissioner under this Division.

(2) A police custody officer has the following powers in relation to a person the police custody officer is transporting or supervising under this Division—

(a) to order the person to do or not to do anything that the police custody officer believes on reasonable grounds is necessary for the safety of the police custody officer, the person or any other person;

(b) to search and examine the person or any thing in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person;

(c) to seize any thing found on the person or in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person;



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(d) to apply an instrument of restraint to the person for the duration of the transport or supervision of the person if the Chief Commissioner believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person;

(e) to apply an instrument of restraint to the person during the transport or supervision of a person if the conduct of the person during that transport or supervision has been such that it is reasonable to believe that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person.

(3) A police custody officer who seizes any thing under this section must as soon as practicable inform an officer in charge of a police gaol.

104DC Transport or supervision authorised under other enactments and instruments

(1) If a police custody officer is directed by the Chief Commissioner to transport or supervise a person under this Division, any provision of an Act or regulation, or of a warrant or order of a court, or of any order or instrument under an Act which requires or authorises (either expressly or by necessary implication) a police officer (by name or otherwise) to transport or supervise that person, must be taken to also authorise the police custody officer to transport or



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supervise that person in place of a police officer in accordance with that authorisation.

(2) Nothing in subsection (1) prevents a police officer from exercising any function referred to in that subsection or any other function under the provision, warrant, order or instrument.

Division 5—General104DD Use of reasonable force by police custody

officers

(1) A police custody officer may, where necessary, use reasonable force to compel a person the police custody officer is managing, transporting or supervising under this Part to obey an order given by the police custody officer in the exercise of a function or power the police custody officer has under this Part.

(2) A police custody officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force.

104DE Dealing with seized items

The officer in charge of a police gaol must deal in accordance with the regulations with any thing, other than a drug of dependence, that is seized under this Part.

104DF General power to authorise transfers of detained persons

(1) The Chief Commissioner of Police may, by instrument, authorise the transfer of a detained person in the legal custody of the Chief Commissioner from—

(a) a police gaol to another police gaol; or



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(b) a police gaol to a hospital or other facility for the purpose of medical assessment, care or treatment of the detained person; or

(c) a hospital or other facility to another hospital or other facility for the purpose of medical assessment, care or treatment of the detained person; or

(d) a hospital or other facility to a police gaol.

(2) The Chief Commissioner of Police must not include in an instrument of transfer, made under subsection (1), a provision that is inconsistent with any order of a court in force in relation to the custody or place of detention of the detained person proposed to be transferred.

Note

Further provisions for the transfer or return of detained persons and the custody of detained persons can be found in other Acts including the Mental Health Act 2014, the Disability Act 2006 and the Children, Youth and Families Act 2005.".

22 Regulations

In section 112(1)(aa) of the Corrections Act 1986—

(a) after "procedures for" insert "investigating,";

(b) after "committed" insert "in a police gaol, or in the vicinity of a police gaol and within a police station,".

23 Consequential amendments—drug of dependence



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(1) In section 29A(1)(b) of the Corrections Act 1986 omit "within the meaning of the Drugs, Poisons and Controlled Substances Act 1981".

(2) In section 76A(3) of the Corrections Act 1986, the definition of drug of dependence is repealed.

(3) In section 99A(1)(b) of the Corrections Act 1986 omit "within the meaning of the Drugs, Poisons and Controlled Substances Act 1981".



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Part 4—Court Security Act 198024 Definitions

In section 2(1) of the Court Security Act 1980—

(a) insert the following definitions—

"police custody officer has the same meaning as in the Victoria Police Act 2013;

protective services officer has the same meaning as in the Victoria Police Act 2013;";

(b) in the definition of authorized officer, for "or a protective services officer within the meaning of the Victoria Police Act 2013" substitute ", police custody officer, protective services officer".



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Part 5—Crimes Act 195825 Definitions

In section 464(2) of the Crimes Act 1958—

(a) insert the following definition—

"police custody officer has the same meaning as in the Victoria Police Act 2013;";

(b) in the definition of held in a prison, police gaol, youth justice centre or youth residential centre—

(i) in paragraph (a), for "section 4" substitute "section 6A";

(ii) in paragraph (b), for "section 11(7)" substitute "section 6D".

26 Fingerscanning for identification purposes

(1) In section 464NA(2) of the Crimes Act 1958, after "may take" insert ", or cause to be taken by an authorised person,".

(2) In section 464NA(3) of the Crimes Act 1958, for "Before fingerscanning a person under this section, a police officer" substitute "A police officer intending to fingerscan a person under this section".

27 Procedure for taking samples etc.

(1) In section 464Z(1A) of the Crimes Act 1958, for "police officer, or a class of police officers," substitute "police officer or police custody officer, or a class of police officers or police custody officers,".

(2) In section 464Z(3A) of the Crimes Act 1958, after "police officer" (where twice occurring) insert "or police custody officer".



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(3) In section 464Z(3B) of the Crimes Act 1958, for "or (3A)" substitute ", or the police officer or police custody officer referred to in subsection (3A),".

(4) In section 464Z(6)(ab) and (c)(i) and (iv) of the Crimes Act 1958, after "police officer" insert "or police custody officer".



33

Part 6—Road Safety Act 198628 Definitions

In section 3(1) of the Road Safety Act 1986 insert the following definition—

"police custody officer has the same meaning as in the Victoria Police Act 2013;".

29 Oral fluid testing and analysis

(1) In section 55E(1) of the Road Safety Act 1986—

(a) for the definition of authorised officer substitute—

"authorised officer means—

(a) a police officer or police custody officer authorised in writing under subsection (6) by the Chief Commissioner of Police; or

(b) an officer of the Corporation authorised in writing under subsection (6) by the Corporation; or

(c) an officer of the Department of Economic Development, Jobs, Transport and Resources authorised in writing under subsection (6) by the Secretary;";

(b) in the definition of enforcement officer, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources";



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(2) For section 55E(6) of the Road Safety Act 1986 substitute—

"(6) Only the following persons may carry out the procedure for the provision of a sample of oral fluid under this section—

(a) a police officer or police custody officer authorised in writing by the Chief Commissioner of Police for the purposes of this section; or

(b) an officer of the Corporation authorised in writing by the Corporation for the purposes of this section; or

(c) an officer of the Department of Economic Development, Jobs, Transport and Resources authorised in writing by the Secretary for the purposes of this section.".


(a) after "a police officer" insert "or a police custody officer";

(b) after "the police officer" insert ", police custody officer".


(a) after "police officer" (wherever occurring) insert ", police custody officer";

(b) for "Department of Transport, Planning and Local Infrastructure" (wherever occurring) substitute "Department of Economic Development, Jobs, Transport and Resources".



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Part 7—Repeal of amending Act30 Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


37

http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 7 October 2015

Legislative Council: 22 October 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Victoria Police Act 2013, the Corrections Act 1986, the Court Security Act 1980, the Crimes Act 1958 and the Road Safety Act 1986 with respect to police custody officers and for other purposes."

Documents

Justice Legislation Amendment (Police Custody Officers ...FILE/15-059a.docx · Web viewJustice Legislation Amendment (Police Custody Officers) ... Justice Legislation Amendment