But they’re having to make a hasty law change, to remove any possible doubt over the authority of a non-Australian citizen in the role.

Premier Jacinta Allan revealed the government discovered the stipulation while sorting through paperwork for the appointment process.

“It’s an archaic law, 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,” Allan said.

The government today sought to pass an “urgent amendment” through parliament to circumvent the problem, Treasurer Jaclyn Symes revealed.

“There are some common law principles that suggest that there might be an issue for appointing a chief commissioner that is not an Australian citizen,” Symes said.

The opposition has criticised the government for failing to properly think through its recruitment process.

“Why would you go on an international search for a new chief commissioner, but not check whether the outcome would be lawful?” Liberal MP David Davis said.

“This is a reflection of their chaotic approach to government, their chaotic approach to legislating.”

Allan maintains Bush, who was New Zealand commissioner of police from 2014 until his retirement in 2020, is “an outstanding appointment” and “the best person for the job”.