s. 96 (c) if the person is a special constable— conducting an investigation under section 195 in respect of the person; or (d) if the person is a Victoria Police employee— relation to the making of a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or (e) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (b), (c) or (d). (2) The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction given under section 88(2)— (a) if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Part 7, Part 9 or Part 10 in respect of the person; or (b) if the person is a special constable— conducting an investigation under section 195 in respect of the person; or (c) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (a) or (b). (3) To avoid doubt, subsections (1) and (2) apply to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous management of the person's performance, inquiry, investigation, determination or proceeding of a
(c) if the person is a special conducting an investigation under section 195 in respect of the person; or (d) if the person is a Victoria Police relation to the making of a determination under the Public Administration Act 2004 or an industrial instrument applying to Victoria Police employees as to whether the employee has engaged in unsatisfactory performance, misconduct or serious misconduct; or (e) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (b), (c) or (d). s. 96 (2) The Chief Commissioner may have regard to evidence derived from a sample obtained from a person in accordance with a testing direction given under section 88(2)— (a) if the person is a police officer (other than a special constable) or a protective services officer—in conducting an inquiry or investigation under Part 7, Part 9 or Part 10 in respect of the person; or (b) if the person is a special conducting an investigation under section 195 in respect of the person; or (c) in a proceeding arising out of, or connected with, an investigation referred to in paragraph (a) or (b). (3) To avoid doubt, subsections (1) and (2) apply to evidence derived from a sample obtained in accordance with a testing direction whether or not that evidence was used in any previous management of the person's performance, inquiry, investigation, determination or proceeding of a constable— constable— employee—
13-81a004.docx