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Callum Godde

'Archaic' law casts cloud over Kiwi's top cop job

Victoria has to change its laws to allow new police boss Mike Bush to take up his role. (Callum Godde/AAP PHOTOS)

The appointment of a Kiwi to take charge of a troubled state police force has hit an unexpected speed bump, with laws needed to clarify his eligibility.

Former New Zealand Police commissioner Mike Bush was named Victoria's next chief commissioner earlier in May.

He was due to take over on June 27, but the Victorian government is scrambling to ensure he is eligible for the job.

It moved to an urgent amendment on Thursday to ward off any potential legal challenges stemming from his appointment as a non-Australian citizen.

Premier Jacinta Allan says “outdated” law needs changing to allow Victoria’s new police chief. (Callum Godde/AAP VIDEO)

The state government's upper house leader Jaclyn Symes said she did not learn of the change until Wednesday night.

"There is some common law principles that suggest that there might be an issue for appointing a chief commissioner that is not an Australian citizen," she told parliament.

"That is not definitive, but to ensure that there are no issues, no challenges, it’s something that we should fix."

It's the latest chapter in a fiasco linked to the chief commissioner role after the sudden exits of Shane Patton and Rick Nugent.

Victorian Police officers (file image)
Mike Bush will be the first non-Australian citizen to lead Victoria Police. (James Ross/AAP PHOTOS)

Victoria Police was first thrust into leadership turmoil in February, with a no-confidence vote from officers costing Mr Patton his job.

Mr Nugent became acting chief and expressed an interest in making the move permanent before throwing in the towel in April.

Premier Jacinta Allan would not reveal the exact date the government discovered the eligibility issue, only saying it was during the course of organising paperwork for the appointment.

She said the government was changing the law out of an abundance of caution.

"It's an archaic law (and) it's also out of step with modern Victoria and the state we are today, where we want to attract the best and brightest from around the world," Ms Allan told reporters.

Victorian Premier Jacinta Allan (file image)
Victoria needs to attract the best leaders from around the world, Premier Jacinta Allan says. (Joel Carrett/AAP PHOTOS)

Deputy opposition upper house leader Evan Mulholland described the move as extraordinary.

"I am aghast at the way this government has handled this," he said.

"I am aghast at the way this government has botched this entire affair of rolling police commissioners."

Ms Symes urged all members of parliament to back the change, declaring there was "broad support" for Mr Bush's appointment.

The bill won't be able to pass the lower house until June 17 at the earliest, 10 days before Mr Bush is due to start.

He retired from the NZ police force in 2020 after joining in 1978 and spending his final six years in the top job. 

The 2019 Christchurch mosque shootings, Whakaari/White Island volcano eruption and COVID-19 pandemic were among the biggest crises he confronted during his tenure.

The reins of Victoria Police have not been handed to an outsider since former NSW Police assistant commissioner Christine Nixon in 2001.

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