Supreme Court (Chapter VI Amendment No. 4) Rules 2009

i Supreme Court (Chapter VI Amendment No. 4) Rules 2009 S.R. No. 99/2009 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 New Rule 13.05.1 and 13.05.2 2 13.05.1 Application for revocation of coercive powers order 2 13.05.2 Application objecting to disclosure or production of protected information at revocation hearing 2 6 Rule 13.08 substituted and new Rules inserted 2 13.08 Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act 2 13.09 Application to determine legal professional privilege 2 13.10 Filing of documents 2 7 New Forms 6–13BA and 6–13BB 3 Form 6–13BA—Application for Revocation of Coercive Powers Order 3 Form 6–13BB—Application objecting to disclosure or production of protected information at revocation hearing for Coercive Powers Order 4 8 New Forms 6–13E and 6–13F 6 Form 6–13E—Application for extension of period of Notice Confidential Document 6 Form 6–13F—Application to Determine Legal Professional Privilege 7 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 2009 S.R. No. 99/2009 Supreme Court Act 1986 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Order 13 of Chapter VI of the Supreme Court Rules as a consequence of the enactment of the Major Crime Legislation Amendment Act 2009. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on the day on which section 4 of the Major Crime Legislation Amendment Act 2009 comes into operation. 4 Principal Rules In these Rules, the Supreme Court (Criminal Procedure) Rules 2008 1 are called the Principal Rules. -- 2 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 2 5 New Rule 13.05.1 and 13.05.2 After Rule 13.05 of the Principal Rules insert— "13.05.1 Application for revocation of coercive powers order An application to the Court for revocation of a coercive powers order under section 12 of the Act may be in Form 6–13BA. 13.05.2 Application objecting to disclosure or production of protected information at revocation hearing An application by the Chief Commissioner under section 12A of the Act may be in Form 6–13BB.". 6 Rule 13.08 substituted and new Rules inserted For Rule 13.08 of the Principal Rules substitute— "13.08 Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act An application by the Chief Examiner or the Chief Commissioner under section 20(8E) of the Act may be in Form 6–13E. 13.09 Application to determine legal professional privilege An application by the Chief Examiner under section 42 of the Act may be in Form 6–13F. 13.10 Filing of documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) subject to section 5(6) and (7) of the Act, be filed before the application is made with the Associate to the Judge of r. 5 -- 3 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 3 the Court from whom the order or summons is sought; and (b) not be available for inspection by any person.". 7 New Forms 6–13BA and 6–13BB After Form 6–13B of the Principal Rules insert— "Rule 13.05.1 FORM 6–13BA IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by A.B., the applicant, under section 12 of the Act for revocation of a coercive powers order. APPLICATION FOR REVOCATION OF COERCIVE POWERS ORDER I, [name of applicant], of [address] apply under section 12 of the Major Crime (Investigative Powers) Act 2004 for revocation of the coercive powers order made [insert date order was made]. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. *THIS APPLICATION is made in circumstances where I believe that the coercive powers order which is the subject of this application should be revoked before its expiry for the following reasons: [insert reasons and specify grounds for making the application] Dated: [Applicant's signature] * Delete if not applicable __________________ r. 7 -- 4 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 4 Rule 13.05.2 FORM 6–13BB IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by the Chief Commissioner of Police under section 12A of the Act objecting to disclosure or production of protected information at a revocation hearing for a coercive powers order. APPLICATION OBJECTING TO DISCLOSURE OR PRODUCTION OF PROTECTED INFORMATION AT REVOCATION HEARING FOR COERCIVE POWERS ORDER I, [name], Chief Commissioner of Police for Victoria, object to the disclosure or production of protected information within the meaning of the Major Crime (Investigative Powers) Act 2004 ("the Act") at a revocation hearing for a coercive powers order and apply under section 12A of the Act for a determination that the hearing of the revocation of a coercive powers order be determined: *at a hearing at which evidence given by a member of the police force is given on the basis of confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties; *at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions; *at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties [specify parties to be excluded]; *by any combination of the methods set out above [specify]. r. 7 -- 5 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 5 I OBJECT to the disclosure or production of the protected information on the following grounds— 1 it is in the public interest to protect the confidentiality of any intelligence information or any document or thing provided to the Court for the purposes of obtaining the coercive powers order to which the revocation hearing relates or obtained or to be obtained under the coercive powers order to which the revocation hearing relates; and 2 the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which— *reveals the identity of the member of the police force who applied for the coercive powers order or puts that member's safety at risk; *reveals the identity of a person who has been called, or who has appeared, as a witness in an examination conducted under the coercive powers order, or puts that person's safety at risk; *reveals the identity of a person who has provided a member of the police force with information relating to an investigation, or puts that person's safety at risk; *reveals the identity of a person whose name appears in any evidence given or information provided to a member of the police force relating to an investigation, or puts that person's safety at risk; *reveals the identity of a person who is or has been the subject of an investigation by a member of the police force, or puts that person's safety at risk; *places at risk an ongoing investigation by a member of the police force; or *risks the disclosure of any investigative method used by members of the police force; *is otherwise not in the public interest [specify]. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. r. 7 -- 6 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 6 THE PROTECTED INFORMATION to which this application relates is: [brief description of type of protected information]. Dated: [Applicant's signature] * Delete if not applicable __________________". 8 New Forms 6–13E and 6–13F After Form 6–13D of the Principal Rules insert— "Rule 13.08 FORM 6–13E IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by the *Chief Examiner/*Chief Commissioner of Police, (the applicant), under section 20(8E) of that Act for an extension of the period of notice of a confidential document to protect matters specified in section 20(8F) of the Act. APPLICATION FOR EXTENSION OF PERIOD OF NOTICE CONFIDENTIAL DOCUMENT I, [name], *Chief Examiner/*Chief Commissioner of Police for Victoria, apply under section 20(8E) of the Major Crime (Investigative Powers) Act 2004 for an extension of the 5 year period of a notice that a summons or order is a confidential document. THE EXTENSION of the period is necessary to protect— *an investigation that is continuing (whether or not the investigation is, or is related to, the investigation in relation to which the witness summons was issued); *any proceeding that has been commenced but not finally determined; *the safety or reputation of a person; r. 8 -- 7 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 7 *the fair trial of a person who has or may be charged with an offence. *THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application]. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. Dated: [Applicant's signature] * Delete if not applicable __________________ Rule 13.09 FORM 6–13F IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by the Chief Examiner, the applicant, under section 42 of that Act to determine legal professional privilege. APPLICATION TO DETERMINE LEGAL PROFESSIONAL PRIVILEGE I, [name], Chief Examiner, apply under section 42 of the Major Crime (Investigative Powers) Act 2004 for a determination whether or not [describe document or thing] is the subject of legal professional privilege. *THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application]. r. 8 -- 8 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 8 *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. Dated: Chief Examiner __________________". Dated: 27 August 2009 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. PHILIP MANDIE, J.A. BERNARD D. BONGIORNO, J.A. P. D. CUMMINS, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. r. 8 -- 9 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 9 TONY PAGONE, J. ROSS ROBSON, J. JACK FORREST, J. LEX LASRY, J. JAMES JUDD, J. PETER VICKERY, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. ═══════════════ r. 8 -- 10 of 11 -- S.R. No. 99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009 10 ENDNOTES 1 Rule 4: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008 and 150/2008. Endnotes -- 11 of 11 --