Current oath explanation.

Response to this request is long overdue. By law, under all circumstances, Victoria Police should have responded by now (details). You can complain by requesting an internal review.

Dear Victoria Police,

Very simple request/s in regards to the oath taken by police men and women, using the freedom of information act...

Do you have any further explanation of the oath, perhaps the resource actually given to the recruits, in order to understand the oath in greater detail.

For example is the Queen that has been referred to the Queen of the Nations of the Commonwealths? Does the favour/affection/malice/ill-will refer to personal actions or personal beliefs? Why is Her and Majesty both with a capital letter?

I am of the assumption what is below in quotations is the whole oath currently sworn in 2020. If it is not can I please have the complete oath.

"I [insert name] [swear by Almighty God/do solemnly and sincerely affirm] that I will well and truly serve our Sovereign Lady the Queen as a police officer in Victoria in any capacity in which I may be appointed, promoted, or reduced to, without favour or affection, malice or ill-will for the period of [insert period] from this date, and until I am legally discharged, that I will see and cause Her Majesty's peace to be kept and preserved, and that I will prevent to the best of my power all offences, and that while I continue to be a police officer I will to the best of my skill and knowledge discharge all the duties legally imposed on me faithfully and according to law."

Stay safe and healthy.

Yours faithfully,
Anthony Albert.

FREEDOM OF INFORMATION-MGR, Victoria Police

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Regards,

 

Freedom of Information Division  |  Victoria Police

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FREEDOM OF INFORMATION-MGR, Victoria Police

1 Attachment

OFFICIAL: Sensitive

Good morning,

 

Please find attached letter in relation to your FOI request.

 

Regards,

 

Freedom of Information Division

Governance and Assurance Department | Victoria Police
address: 311 Spencer Street, Docklands VIC 3008 DX: 210096

 

OFFICIAL: Sensitive

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Dear FREEDOM OF INFORMATION-MGR,

Thanks for your response. The section appointment out does not exist in the federal FOI Act but exist in the state FOI Act. Does that mean state legislation overrides federal legislation?

Yours sincerely,
Anthony Albert

FREEDOM OF INFORMATION-MGR, Victoria Police

1 Attachment

OFFICIAL: Sensitive

Please read the attached letter.

Regards,

Freedom of Information Division
Governance and Assurance Department | Victoria Police
address: 311 Spencer Street, Docklands VIC 3008 DX: 210096

OFFICIAL: Sensitive

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Dear FREEDOM OF INFORMATION-MGR,

Thanks for your response again.. The section appointment out does not exist in the federal FOI Act but exist in the state FOI Act. Does that mean state legislation overrides federal legislation?

Yours sincerely,

Anthony Albert

Stephanie Johnson left an annotation ()

Hi Anthony,

As an infrequent user of this site, I may be able to help. The Federal FOI Act only applies to Federal agencies, see section 11. Section 4 of the FOI Act defines who an 'agency' is. It says an agency is ;a Department, a prescribed authority or a Norfolk Island authority'. The terms 'Department', 'prescribed authority' and 'Norfolk Island Authority' are also defined in section 4.

VicPol does not fall into these definitions and is therefore not an 'agency'. As VicPol is not one of these agencies they are not covered by the Federal FOI Act.

As VicPol point out, they are covered by the state based legislation, and so an application fee will apply.

In short, the state legislation doesn't 'over ride' the federal legislation, the federal legislation simply doesn't apply to VicPol.

I hope that helps.

Good Luck

Steph