Victims of Crime Commissioner Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Victims of Crime Commissioner Act 2015 No. 56 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Objectives 3 5 Act binds the Crown 3 Part 2—Victims of Crime Commissioner 4 Division 1—Appointment, terms and conditions 4 6 Victims of Crime Commissioner 4 7 Appointment 4 8 Remuneration 4 9 Terms and conditions of appointment 4 10 Acting appointment 5 11 Vacancy and resignation 5 12 Removal from office 6 Division 2—Functions and powers 6 13 Functions and powers of the Commissioner 6 14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006 7 15 Authorised person 7 16 Staff to be provided 7 17 Assistance to be provided 7 18 Commissioner may require access to records from the Secretary 8 19 Commissioner may require access to records from the Chief Commissioner of Police 8 20 Commissioner may require access to records from the Director of Public Prosecutions 9 21 Confidentiality of identifying information 10 22 Commissioner not to prejudice legal proceedings or investigations 11 Division 3—Inquiries 12 23 Inquiries 12 -- 1 of 29 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 Avoiding unnecessary duplication 12 25 Report of inquiry into systemic victim of crime matter 13 Division 4—Interaction with other agencies and referral of information 13 26 Referral of matter to the IBAC 13 27 Referral of matter to other persons 13 Division 5—Reporting 14 28 Annual report 14 29 Reports to the Attorney-General 14 30 Content of reports 14 Part 3—Victims of Crime Consultative Committee 16 Division 1—Establishment and functions 16 31 Establishment of Victims of Crime Consultative Committee 16 32 Functions of the Committee 16 Division 2—Chairperson 17 33 Appointment of Chairperson 17 34 Terms of appointment of Chairperson 17 35 Vacancy and resignation of Chairperson 17 36 Removal from office of Chairperson 18 37 Acting Chairperson 18 Division 3—Membership and procedure 18 38 Membership of the Committee 18 39 Members who are victims of crime 20 40 Member representing victim of crime services organisation 20 41 Appointed additional member 20 42 Terms and conditions of appointment of member 21 43 Cessation of appointment as member of the Committee 21 44 Acting member of the Committee 22 Division 4—Proceedings of the Committee and conduct of members 22 45 Proceedings of the Committee 22 46 Confidentiality of the Committee 22 Part 4—General 24 47 Regulations 24 Part 5—Amendment of other Acts 25 48 Amendment of Public Administration Act 2004 25 49 Repeal 25 -- 2 of 29 -- Section Page iii Authorised by the Chief Parliamentary Counsel Endnotes 26 1 General information 26 -- 3 of 29 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Victims of Crime Commissioner Act 2015 † No. 56 of 2015 [Assented to 27 October 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to establish the office of the Victims of Crime Commissioner and to provide for the functions, powers and duties of the office; and Victoria -- 4 of 29 -- Part 1—Preliminary Victims of Crime Commissioner Act 2015 No. 56 of 2015 2 Authorised by the Chief Parliamentary Counsel (b) to establish the Victims of Crime Consultative Committee and to provide for the functions of the Committee. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day. 3 Definitions In this Act— authorised person means a person authorised by the Commissioner under section 15; Chairperson means the person appointed as Chairperson of the Victims of Crime Consultative Committee under section 33; Commissioner means the Victims of Crime Commissioner appointed under section 7; Committee means the Victims of Crime Consultative Committee established under section 31; corrupt conduct has the same meaning as in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011; Director of Public Prosecutions means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975; IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; -- 5 of 29 -- Part 1—Preliminary Victims of Crime Commissioner Act 2015 No. 56 of 2015 3 Authorised by the Chief Parliamentary Counsel identifying information means information about a person whose identity is apparent, or can reasonably be ascertained, from the information; Secretary means the Secretary to the Department of Justice and Regulation; victim of crime means a victim within the meaning of the Victims of Crime Assistance Act 1996; Note Section 3(1) of the Victims of Crime Assistance Act 1996 defines victim to mean a primary victim, secondary victim or related victim of an act of violence. Those terms are given further definition in Part 2 of that Act. Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011. 4 Objectives The objectives of this Act are— (a) to promote the recognition of victims of crime in the justice system; and (b) to provide for the representation of the concerns of victims of crime in the decision making of government; and (c) to promote the inclusion and participation of victims of crime in the justice system. 5 Act binds the Crown This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. -- 6 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 4 Authorised by the Chief Parliamentary Counsel Part 2—Victims of Crime Commissioner Division 1—Appointment, terms and conditions 6 Victims of Crime Commissioner There is to be a Victims of Crime Commissioner. 7 Appointment (1) Subject to subsection (2), the Governor in Council, on the recommendation of the Attorney-General, may by instrument appoint a person as Commissioner. (2) A person is not eligible for appointment as Commissioner if the person is a member of the Parliament of Victoria or the Parliament of the Commonwealth or of another State or a Territory. 8 Remuneration The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council. 9 Terms and conditions of appointment (1) The Commissioner— (a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and (b) is eligible to be reappointed for one further period not exceeding 5 years; and (c) holds office on the terms and conditions determined by the Governor in Council. (2) The Commissioner must not, directly or indirectly, engage in paid employment outside of the office of the Commissioner. (3) The Commissioner is not, in respect of the office of Commissioner, subject to the Public Administration Act 2004. -- 7 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 5 Authorised by the Chief Parliamentary Counsel 10 Acting appointment (1) The Governor in Council, on the recommendation of the Attorney-General, may appoint a person to act as the Commissioner— (a) during a vacancy in the office of the Commissioner; or (b) during any period when— (i) the Commissioner is absent; or (ii) the Commissioner is for any other reason unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment. (3) A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the Commissioner. (4) A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council. (5) A person acting as the Commissioner is not, in respect of that office, subject to the Public Administration Act 2004. (6) While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner. (7) The Governor in Council may revoke an appointment under subsection (1) at any time. 11 Vacancy and resignation The Commissioner ceases to hold office if the Commissioner— (a) resigns by notice given to the Governor in Council; or -- 8 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 6 Authorised by the Chief Parliamentary Counsel (b) becomes insolvent under administration; or (c) is found guilty or convicted of— (i) an indictable offence; or (ii) an offence that, if committed in Victoria, would be an indictable offence; or (d) is removed from office under section 12. 12 Removal from office The Governor in Council may remove the Commissioner from office at any time on the recommendation of the Attorney-General. Division 2—Functions and powers 13 Functions and powers of the Commissioner (1) The Commissioner has the following functions— (a) to advocate for the recognition, inclusion, participation and respect of victims of crime by government departments, bodies responsible for conducting public prosecutions and Victoria Police; (b) to carry out inquiries on systemic victim of crime matters; (c) to report to the Attorney-General on any systemic victim of crime matter; (d) to provide advice to the Attorney-General and government departments and agencies regarding improvements to the justice system to meet the needs of victims of crime. (2) The Commissioner has all the powers that are necessary or convenient to perform the functions of the Commissioner under this Act. -- 9 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 7 Authorised by the Chief Parliamentary Counsel 14 Commissioner to have regard to objectives of the Act and the Victims' Charter Act 2006 In the performance of a function or the exercise of a power under this Act the Commissioner must have regard to— (a) the objectives of this Act; and (b) the Victims' Charter Act 2006. 15 Authorised person (1) The Commissioner may authorise any person to assist the Commissioner in performing a function. (2) An authorisation may be general or limited to a specific function of the Commissioner. (3) The Commissioner must not authorise a person under this section unless the Commissioner is satisfied that the person is appropriately qualified or has successfully completed appropriate training. 16 Staff to be provided (1) The Secretary must ensure that the Commissioner is provided with any employees that are necessary to assist the Commissioner in performing the Commissioner's functions. (2) An employee provided by the Secretary under subsection (1) must be employed under Part 3 of the Public Administration Act 2004. 17 Assistance to be provided The Secretary, the Chief Commissioner of Police and the Director of Public Prosecutions must ensure that the Commissioner or an authorised person is provided with any assistance in connection with the reasonable performance of the Commissioner's functions that the Commissioner or the authorised person reasonably requires. -- 10 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 8 Authorised by the Chief Parliamentary Counsel 18 Commissioner may require access to records from the Secretary The Secretary must give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions under section 23. 19 Commissioner may require access to records from the Chief Commissioner of Police (1) The Commissioner may require the Chief Commissioner of Police to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions. (2) Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Commissioner under this section. (3) The Chief Commissioner of Police may refuse to comply with a requirement of the Commissioner under this section if the Chief Commissioner of Police considers that giving access to a record would, or would be reasonably likely to— (a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or (b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or (c) disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or -- 11 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 9 Authorised by the Chief Parliamentary Counsel (d) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or (e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law. (4) Section 19 of the Victoria Police Act 2013 does not apply to a duty or discretion of the Chief Commissioner of Police under this section. (5) A police officer who is a Deputy Commissioner appointed under section 21 of the Victoria Police Act 2013 may exercise a duty of the Chief Commissioner of Police under this section as if the Deputy Commissioner were the Chief Commissioner of Police. 20 Commissioner may require access to records from the Director of Public Prosecutions (1) The Commissioner may require the Director of Public Prosecutions to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions. (2) Subject to subsection (3), the Director of Public Prosecutions must comply with a requirement of the Commissioner under this section. (3) The Director of Public Prosecutions may refuse to comply with a requirement of the Commissioner under this section if the Director of Public Prosecutions considers that giving access to that record would, or would be reasonably likely to— (a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper -- 12 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 10 Authorised by the Chief Parliamentary Counsel administration of the law in a particular instance; or (b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or (c) disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or (d) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or (e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law. 21 Confidentiality of identifying information (1) Subject to subsection (2), a person must not knowingly disclose any identifying information obtained in the course of the performance of a function or the exercise of a power of the Commissioner. Penalty: 120 penalty units (2) A person may disclose identifying information obtained as a result of the person performing a function or exercising a power of the Commissioner in the following circumstances— (a) if the disclosure is reasonably necessary for the person to perform a function or to exercise a power of the Commissioner; -- 13 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 11 Authorised by the Chief Parliamentary Counsel (b) if the disclosure is reasonably necessary for the preparation for, conduct of or participation in, proceedings in any court or tribunal; (c) if the disclosure is reasonably necessary for the purpose of the administration or enforcement of an order of a court or tribunal; (d) if the disclosure is to a legal practitioner for the purpose of obtaining legal advice or representation; (e) if the disclosure is authorised in writing by the person to whom the identifying information relates; (f) if the disclosure is required or authorised by or under this Act or any other Act. 22 Commissioner not to prejudice legal proceedings or investigations (1) The Commissioner must not perform a function or exercise a power in a manner that would prejudice— (a) any criminal proceeding or criminal investigation; or (b) any civil proceeding; or (c) an investigation by the IBAC or the Victorian Inspectorate; or (d) any proceeding in the Family Division of the Children's Court; or (e) any proceeding in the Coroner's Court; or (f) any proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or -- 14 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 12 Authorised by the Chief Parliamentary Counsel (g) any proceeding under Part 7 of the Victoria Police Act 2013. (2) For the purposes of ensuring compliance with subsection (1), the Commissioner may consult any of the following— (a) the State Coroner; (b) the Chief Commissioner of Police; (c) the Director of Public Prosecutions; (d) the Commissioner of the IBAC; (e) the principal registrar of the Victims of Crime Assistance Tribunal. Division 3—Inquiries 23 Inquiries (1) The Commissioner may carry out an inquiry on any systemic victim of crime matter. (2) The Commissioner may carry out the inquiry— (a) if requested to do so by any person; or (b) on the Commissioner's own motion. (3) A person making a request under subsection (2)(a) does not need to be a victim of crime. 24 Avoiding unnecessary duplication It is the intention of Parliament that the Commissioner in carrying out an inquiry should liaise with other investigative authorities, official bodies and statutory officers— (a) to avoid unnecessary duplication of inquiries; and (b) to facilitate the coordination and expedition of inquiries that are to be separately conducted by different authorities, bodies or officers. -- 15 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 13 Authorised by the Chief Parliamentary Counsel 25 Report of inquiry into systemic victim of crime matter (1) The Commissioner may provide the Attorney- General with a report of an inquiry conducted by the Commissioner into a systemic victim of crime matter. (2) The Attorney-General on being provided with the report under subsection (1) may, with the agreement of the Commissioner— (a) publish the report; or (b) cause the report to be tabled in each House of Parliament. Division 4—Interaction with other agencies and referral of information 26 Referral of matter to the IBAC (1) The Commissioner may refer to the IBAC any matter that the Commissioner has become aware of in the course of the exercise of the functions of the Commissioner under this Act, that the Commissioner believes is relevant to the performance of the IBAC's functions. (2) The Commissioner must refer to the IBAC a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner that the Commissioner reasonably believes is corrupt conduct. 27 Referral of matter to other persons (1) Subject to subsection (2), the Commissioner may refer a matter that the Commissioner has become aware of in the course of the exercise of a function of the Commissioner to the following persons— (a) the Director of Public Prosecutions; (b) the Chief Commissioner of Police; -- 16 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 14 Authorised by the Chief Parliamentary Counsel (c) the Ombudsman. (2) The Commissioner must not refer a matter under subsection (1) unless the Commissioner believes it is appropriate to refer the matter to that person. Division 5—Reporting 28 Annual report (1) The Commissioner must make a report by 30 September in each year on the performance of functions and the exercise of the powers of the Commissioner under this Act during the financial year ending on the immediately preceding 30 June. (2) The Commissioner must give a report made under subsection (1) to the Attorney-General. (3) The Attorney-General must cause a copy of a report made under subsection (1) to be laid before each House of Parliament within 10 sitting days of that House after the report has been given to the Attorney-General. 29 Reports to the Attorney-General (1) The Commissioner may report to the Attorney- General any matter relating to the performance of the Commissioner's functions. (2) The Attorney-General may cause a copy of a report referred to in subsection (1) to be laid before each House of Parliament. 30 Content of reports (1) Subject to subsection (2), the Commissioner may include identifying information in a report under section 25, 28 or 29 if the person to whom the information relates has given written consent. -- 17 of 29 -- Part 2—Victims of Crime Commissioner Victims of Crime Commissioner Act 2015 No. 56 of 2015 15 Authorised by the Chief Parliamentary Counsel (2) The Commissioner must not include in a report under section 25, 28 or 29 any information (whether or not it is identifying information) that the Commissioner considers would prejudice— (a) any criminal proceeding or criminal investigation; or (b) any civil proceeding; or (c) an investigation by the IBAC or the Victorian Inspectorate; or (d) any proceeding in the Family Division of the Children's Court; or (e) any proceeding in the Coroners Court; or (f) any proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or (g) any proceeding under Part 7 of the Victoria Police Act 2013. -- 18 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 16 Authorised by the Chief Parliamentary Counsel Part 3—Victims of Crime Consultative Committee Division 1—Establishment and functions 31 Establishment of Victims of Crime Consultative Committee The Victims of Crime Consultative Committee is established. 32 Functions of the Committee (1) The Committee has the following functions— (a) to provide a forum for victims of crime, justice agencies and victim of crime services to discuss improvements to policies, practices and service delivery in respect of victim of crime issues and victim of crime support services; (b) to provide advice to the Attorney-General regarding policies, practices and reforms in respect of victim of crime issues and victim of crime support services; (c) to promote the interests of victims of crime in the administration of the justice system; (d) to provide advice on a matter referred to the Committee by the Attorney-General. (2) The Committee must have regard to and act in a manner consistent with the principles of the Victims' Charter Act 2006. -- 19 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 17 Authorised by the Chief Parliamentary Counsel Division 2—Chairperson 33 Appointment of Chairperson (1) On the recommendation of the Attorney-General, the Governor in Council may by instrument appoint an eligible person to be Chairperson of the Committee. (2) A person is not eligible for appointment as Chairperson if the person is a member of the Parliament of Victoria or Parliament of the Commonwealth or of another State or a Territory. 34 Terms of appointment of Chairperson The Chairperson— (a) holds office for the period, not exceeding 2 years, specified in the instrument of appointment; and (b) is eligible for reappointment; and (c) is entitled to the remuneration and allowances determined from time to time by the Governor in Council. 35 Vacancy and resignation of Chairperson The Chairperson ceases to hold office if the Chairperson— (a) resigns by writing given to the Governor in Council; or (b) becomes insolvent under administration; or (c) is found guilty or convicted of— (i) an indictable offence; or (ii) an offence that, if committed in Victoria, would be an indictable offence; or (d) is removed from office under section 36. -- 20 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 18 Authorised by the Chief Parliamentary Counsel 36 Removal from office of Chairperson The Governor in Council may remove the Chairperson from office at any time on the recommendation of the Attorney-General. 37 Acting Chairperson (1) The Attorney-General may appoint a member of the Committee to act as the Chairperson— (a) during a vacancy in the office of the Chairperson; or (b) during any period when— (i) the Chairperson is absent; or (ii) the Chairperson is for any other reason unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 6 months, specified in the instrument of appointment. (3) While the member is acting as the Chairperson, the member has all the powers and may perform all the duties and functions of the Chairperson. Division 3—Membership and procedure 38 Membership of the Committee (1) The Committee consists of— (a) the Chairperson; and (b) the Commissioner; and (c) the judicial members of the Committee; and (d) a legal practitioner of the Office of Public Prosecutions nominated by the Director of Public Prosecutions; and -- 21 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 19 Authorised by the Chief Parliamentary Counsel (e) an officer or a member of the Adult Parole Board from time to time nominated by the chairperson of the Adult Parole Board; and (f) a police officer nominated by the Chief Commissioner of Police; and (g) the members appointed under sections 39, 40 and 41. (2) For the purposes of subsection (1)(c) the judicial members of the Committee are— (a) a Judge or a reserve Judge of the Supreme Court from time to time nominated by the Chief Justice and the President of the Court of Appeal; and (b) a judge or a reserve judge of the County Court from time to time nominated by the Chief Judge; and (c) a magistrate or a reserve magistrate of the Magistrates' Court from time to time nominated by the Chief Magistrate; and (d) a coroner or a reserve coroner of the Coroners Court from time to time nominated by the State Coroner; and (e) a magistrate or a reserve magistrate of the Victims of Crime Tribunal from time to time nominated by the Chief Magistrate. (3) If a person nominated as a member of the Committee under subsection (1)(c), (d), (e) or (f) ceases to hold the office in respect of which the nomination was made, the person ceases to be a member of the Committee. (4) A member of the Committee is not, in respect of the member's appointment, subject to the Public Administration Act 2004. -- 22 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 20 Authorised by the Chief Parliamentary Counsel 39 Members who are victims of crime (1) The Attorney-General may appoint as members of the Committee up to 7 persons who are victims of crime. (2) Before making an appointment under this section, the Attorney-General may call for expressions of interest for appointment to the Committee. (3) A person appointed as a member under this section must represent the interests of all victims of crime. (4) A person appointed as a member under this section is not eligible for reappointment. 40 Member representing victim of crime services organisation (1) On the recommendation of an organisation that provides services to victims of crime, the Attorney-General may appoint a person as a member of the Committee to represent that organisation. (2) An appointment made under this section may be made in respect of one or more organisations. (3) Subject to the approval of the organisation which the person was appointed to represent, a person appointed as a member under this section is eligible for reappointment. 41 Appointed additional member (1) The Attorney-General may appoint one or more persons, as an additional member of the Committee. (2) A person appointed as a member under this section is eligible for reappointment. -- 23 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 21 Authorised by the Chief Parliamentary Counsel 42 Terms and conditions of appointment of member (1) A person's appointment as a member of the Committee under section 39, 40 or 41 is— (a) for the period, not exceeding 2 years, specified in the instrument of appointment; and (b) on the terms and conditions specified in the instrument of appointment. (2) A member of the Committee appointed under section 39, 40 or 41 may be reimbursed for any expenses incidental to the member's appointment as determined from time to time by the Attorney-General. 43 Cessation of appointment as member of the Committee (1) A member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee if— (a) the member resigns by writing given to the Attorney-General; or (b) the member is found guilty or convicted of— (i) an offence punishable by level 9 imprisonment; or (ii) an offence that, if committed in Victoria, would be punishable by level 9 imprisonment; or (c) the appointment of the member is revoked under subsection (2). (2) The Attorney-General may revoke the appointment of a member of the Committee under section 39, 40 or 41 at any time. -- 24 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 22 Authorised by the Chief Parliamentary Counsel 44 Acting member of the Committee (1) Subject to subsection (2), if a member of the Committee appointed under section 39, 40 or 41 ceases to be a member of the Committee before the member's term of appointment has expired, the Attorney-General may fill the vacant position by appointing a suitably qualified person to act as a member of the Committee. (2) The appointment of an acting member of the Committee under this section is for the remainder of the term of appointment of the member whose place the acting member fills. Division 4—Proceedings of the Committee and conduct of members 45 Proceedings of the Committee (1) The Chairperson may at any time convene a meeting of the Committee. (2) A meeting of the Committee convened under subsection (1) may proceed regardless of whether all the members are present. (3) Subject to this section, the Committee may regulate its own procedure. 46 Confidentiality of the Committee (1) Subject to subsection (2), a member of the Committee must not knowingly disclose any identifying information obtained in the course of performing the member's role as a member of the Committee. Penalty: 120 penalty units. -- 25 of 29 -- Part 3—Victims of Crime Consultative Committee Victims of Crime Commissioner Act 2015 No. 56 of 2015 23 Authorised by the Chief Parliamentary Counsel (2) A member of the Committee, other than the Commissioner, may disclose identifying information obtained as a result of the member's appointment if the disclosure or communication is authorised in writing by— (a) the Chairperson; and (b) the person to whom the identifying information relates. Note Part 2 provides for the circumstances under which the Commissioner may disclose identifying information. -- 26 of 29 -- Part 4—General Victims of Crime Commissioner Act 2015 No. 56 of 2015 24 Authorised by the Chief Parliamentary Counsel Part 4—General 47 Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. -- 27 of 29 -- Part 5—Amendment of other Acts Victims of Crime Commissioner Act 2015 No. 56 of 2015 25 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of other Acts 48 Amendment of Public Administration Act 2004 After section 6(1)(g) of the Public Administration Act 2004 insert— "(gaa) the office of the Victims of Crime Commissioner;". 49 Repeal This Part is repealed on 1 September 2017. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 28 of 29 -- Endnotes Victims of Crime Commissioner Act 2015 No. 56 of 2015 26 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 16 September 2015 Legislative Council: 8 October 2015 The long title for the Bill for this Act was "A Bill for an Act to establish the Victims of Crime Commissioner and the Victims of Crime Consultative Committee and for other purposes." -- 29 of 29 --