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Top cop admits work of police caught up in bungle was ‘certainly not legally valid’

Tom Elliott & Ross and Russel
Article image for Top cop admits work of police caught up in bungle was ‘certainly not legally valid’

Victoria’s top cop admits more than 1200 police officers and protective services officers caught up in an administrative bungle were “pretty much” not legally authorised to do their jobs.

A legislative oversight meant that deputy commissioners didn’t have the power to delegate acting assistant commissioners, so those acting assistant commissioner never had to power to swear in graduates.

As a result, more than 1200 police and protective services officers were never officially sworn in.

The Rumour File was tipped off to the stuff-up, which was confirmed by police this morning.

The state government is redrafting the legislation and insists that the issue has had no impact on the training or the work of the officers affected.

Police chief commissioner Shane Patton admits the bungle means those affected didn’t have the powers of a police officer.

NEIL MITCHELL: “So these 1200 that were sworn in then weren’t legally police. Is that right?”

SHANE PATTON: “Well yeah, pretty much … they were sworn in but the person swearing them in didn’t have the valid powers to do so, so they didn’t get the powers of a police officer.”

“The reality is they haven’t had those valid powers that are special, that only police get given to them to enforce separate laws above what a normal citizen has,” Mr Patton told Neil Mitchell.

The affected police officers are being pulled from duties until they’re sworn in again.

More than 200 have already been sworn in this morning, and Victoria Police estimates more than 660 will be sworn in by the end of the day.

When asked if the pulling of police from work until they’re sworn in again is an admission the work they’ve done in the preceding years could be judged as illegal, Mr Patton admitted their work was “certainly not legally valid”.

“The reality is they haven’t had those valid powers that are special, that only police get given to them to enforce separate laws above what a normal citizen has,” he said.

The legislation being redrafted by the state government will be retrospective, and Mr Patton says his legal advice is that it will “validate and make legal everything that’s been done by those constables” who were caught up in the bungle.

Press PLAY below to hear Victoria’s top cop addressing the stuff up

Press PLAY below for more details on the bungle

Tom Elliott & Ross and Russel
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