The powers of Protective services officers (PSOs) are limited to particular places. These places are prescribed in the Victoria Police Act 2013 (Vic) and regulations. They may also be temporarily declared, giving PSOs more areas in which to operate.
Note: Most Acts that give power to act refer back to the definition of a designated place in the Victoria Police Act 2013, which in turn refers back to the Regulations for details of the definition.
PSOs may be deployed in an emergency. This is defined as during a declared state of disaster, state of emergency, or where a specific area is declared to be an emergency area.
An area may be temporarily declared a designated place for up to 12 months by a notice published in the Government Gazette. Interim declarations may also be made in case of urgent or unforeseen circumstances. Interim declarations of a designated place can only last for up to 48 hours.
PSO's have certain powers at or near a police station. PSO's can ask a person why they are there. If the PSO's do not think that the person has a legitimate reason for being there, they can also ask for that person’s name and address. Under some circumstances PSO's can ask a person to leave or stay away from the police station.
See Where are designated places?
Night service
Protective services officers operate mostly at night – from 6 pm until the last train has departed.
See Second reading speech for the Bill in Reference.
Which stations are they patrolling?
According to Victoria Police, PSOs now have the potential to patrol every railway station in the state. However, they may not patrol every station each night due to rostering constraints.
Where are designated places?
Ordinarily, the powers of Protective services officers (PSOs) are limited to 'designated places' which are defined in the Victoria Police Regulations 2014 (Vic) as being:
- railway premises
- rail premises (on or adjoining railway premises) including car parking areas on the rail premises
- any roadway or other thoroughfare (tunnel, footpath or bike path) that leads to rail premises
- any other area on or adjoining the rail premises that is use by other forms of transport (including bus stops or taxi ranks)
- any car park controlled by a local council that adjoins or is in the vicinity of rail premises
- any privately owned or managed land used as a car park that adjoins or is in the vicinity of rail premises.
Additional places designated during emergency
PSOs may be deployed as needed following a declaration of a state of disaster, state of emergency or where a particular area is declared to be an emergency area. During these declared periods PSOs, in addition to the ordinary duties and powers of a PSO, the Police Commissioner may expand their role as needed.
See s. 37(b) and 52 (4) and (5)—Victoria Police Act 2013 (Vic)(opens in a new window).
The areas are potentially wide
Railway and rail premises are further defined. The potential scope of these powers is very broad and relates to anything that is on land belonging to a rail company or that is needed for safety including railway tracks, signs and tunnels. It does not include private residences. This scope is further broadened by adding 'in the vicinity of' a designated area.
Rail premises
The Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 (Vic) define railway premises as any land, building premises or structure that is owned, occupied or leased by:
- a passenger transport company in connection with its capacity to provide a passenger service
- Rail Track (the Australian Rail Track Corporation, which currently manages most of the standard gauge Australian interstate rail system)
- a rail freight operator in connection with its capacity to provide a freight service, or
- Public Transport Development Authority (authority established to operate and plan public transport system).
Railway premises and rail infrastructure
These premises are defined in the Rail Safety National Law Application Act as:
- land (including buildings) that has any item of rail infrastructure (anything necessary to operate a railway safely) including track, tram stops, service roads. over-track or under-track structures, electrical supply systems, workshops, depots, signals, signs, notices,
- vehicles like trains, trams, that use a railway track or other vehicles that are used for railway operations
- buildings or workshops, maintenance depots, premises used in connection with railway operations
- plant machinery and equipment, tram stops and station
- freight centres, maintenance depots or workshops.
See cl. 4—Schedule— Rail Safety National Law (opens in a new window)
Power to temporarily declare a designated place
Victoria Police may temporarily declare an area to be a designated place if the area:
- adjoins a designated place
- is or adjoins a public thoroughfare to a roadway, sporting venue or place of mass gathering
- surrounds or is adjacent to a sporting venue, place of public entertainment, or place of mass gathering
- is a large area, including the central business district or any part of it.
The period of the declaration may be up to 12 months. It could specify specified hours, days of the week or specified dates.
When making the declaration the decision-maker must be satisfied that the declaration is necessary or desirable for community safety. The exercise of these powers are not to unduly limit the human rights of any person.
While PSOs are in these designated areas whey will be supervised by Victoria Police.
Interim declaration of a designated area
The Assistant Commissioner of Police may make a declaration, designating a place for up to 48 hours if required due to urgent or unforeseen circumstances. These declarations need only be published in an website maintained by Victoria Police. These interim designated places are effective immediately the declaration is published and available to the public.
See ss. 3(1), 3A—Victoria Police Act 2013 (Vic)(opens in a new window).
More information
Legislation
Victoria Police Act 2013 (Vic)
- s. 3—refers to the regulations and section 3A for definition of 'designated place'
- s. 3A—allows senior police to declare an area a designated place for up to 12 months
- s. 37—functions of PSOs
- s. 38—appointment of PSOs
- s. 52—duties and powers of PSOs
- s. 59A—powers relating to police premises - requests and directions
See Victoria Police Act 2013 (Vic)(opens in a new window).
Victoria Police Regulations 2014 (Vic)
- r. 27—defines 'designated place' where PSOs have power to act
- r. 4—refers to the Rail Safety Act and Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 (Vic) for definitions of 'railway' and 'rail premises'
See Victoria Police Regulations 2014 (Vic)(opens in a new window).
Rail Safety National Law Application Act 2013
This Act brings the Rail Safety National Law Application Act 2013 into Victorian law. This national law is found in the South Australian Act of the same name.
- cl. 4—defines rail infrastructure, public place, railway, railway premises
See Schedule— Rail Safety National Law (opens in a new window)
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 (Vic)
- r. 3—includes a PSO as an authorised person, defines 'rail premises'
Reference
Second reading speech 29 June, 2011, in Justice Legislation Amendment (Protective Services Officers) Bill 2011 (Vic)(opens in a new window).
Updated