“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,” she said to the media.
Treasurer Jaclyn Symes said the government was trying to pass an urgent amendment" through parliament to negate the issue.
“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,” she said.
9news reported that Allan maintained Bush is “an outstanding appointment” and “the best person for the job”.
Bush’s new role was announced earlier this month and it was said at the time he would begin on June 27.
Allan said then she had “picked the right person for the job”.
“Mike Bush will bring new leadership to Victoria Police. He made the community safer in New Zealand and he’ll make the community safer in Victoria.”
The minister said Bush “brings more than 40 years of experience to this role”.
“I look forward to working with him to deliver for Victoria Police members and keep Victorians safe.”
Bush’s appointment follows an “extensive recruitment process” spanning “local, interstate and international police organisations”.
“During his time leading New Zealand Police, Mr Bush oversaw a significant transformation which saw more public trust and confidence in police, lower crime rates, a bigger focus on early intervention, and better staff culture,” said a statement from Allan’s office.
“Mr Bush also recently supported the Fiji Government to reform the country’s police organisation and is a proud ambassador for organisations that support the welfare and wellbeing of police and first responders.”
Bush was commissioner for New Zealand Police from 2014 until 2020.
Before that, he was the District Commander for Auckland’s Counties Manukau District.
In the last 13 months of his role with the police, Bush was at the forefront of the terror attacks on the Christchurch mosques, the White Island eruption, and the Covid-19 pandemic.