Road Safety Camera Commissioner Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety Camera Commissioner Act 2011 No. 47 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Definitions 2 PART 2—ROAD SAFETY CAMERA COMMISSIONER 3 4 Establishment 3 5 Appointment 3 6 Terms and conditions of appointment 3 7 Remuneration and allowances 3 8 Acting Commissioner 3 9 Vacancy, resignation 4 10 Functions 4 11 Powers 6 12 Conflict of interest 6 13 Staff 6 14 Reference Group 7 15 Function and powers of Reference Group 7 16 Fees and allowances 7 17 Procedure of the Reference Group 7 18 Member of Reference Group as expert witness 8 PART 3—GENERAL 9 19 Complaints 9 20 Law enforcement documents 9 21 Reports to Parliament 10 22 Transmission of reports to Parliament 11 23 Regulations 12 -- 1 of 17 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF OTHER ACTS 13 24 Amendment of Public Administration Act 2004 13 25 Amendment of Road Safety Act 1986 13 26 Repeal 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Road Safety Camera Commissioner Act 2011 † No. 47 of 2011 [Assented to 22 September 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to establish the office of Road Safety Camera Commissioner and to provide for the appointment, functions and powers of the Road Safety Camera Commissioner. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. Victoria -- 3 of 17 -- Part 1—Preliminary Road Safety Camera Commissioner Act 2011 No. 47 of 2011 2 Authorised by the Chief Parliamentary Counsel (2) If a provision of this Act does not come into operation before 31 December 2011, it comes into operation on that day. 3 Definitions In this Act— Commissioner means the Road Safety Camera Commissioner and includes an Acting Road Safety Camera Commissioner; Reference Group means the group of advisers established under section 14; road safety camera system means the road safety cameras, speed detectors and processes prescribed under the Road Safety Act 1986 that are used to detect offences under that Act, including— (a) images or messages produced by them; and (b) their testing, sealing and manner of use. __________________ s. 3 -- 4 of 17 -- Part 2—Road Safety Camera Commissioner Road Safety Camera Commissioner Act 2011 No. 47 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—ROAD SAFETY CAMERA COMMISSIONER 4 Establishment There is to be a Road Safety Camera Commissioner. 5 Appointment The Governor in Council may appoint a person as the Road Safety Camera Commissioner. 6 Terms and conditions of appointment (1) The Commissioner holds office for the period, not exceeding 3 years, specified in his or her instrument of appointment. (2) The Commissioner is eligible for re-appointment. (3) The Commissioner holds office, subject to this Part, on the terms and conditions specified in the instrument of appointment. (4) The Commissioner holds office on a part-time basis. 7 Remuneration and allowances (1) The Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council. (2) The remuneration of the Commissioner must not be reduced during his or her term of office unless the Commissioner consents to the reduction. 8 Acting Commissioner (1) The Governor in Council may appoint a person to act in the office of Commissioner during a vacancy in that office. s. 4 -- 5 of 17 -- Part 2—Road Safety Camera Commissioner Road Safety Camera Commissioner Act 2011 No. 47 of 2011 4 Authorised by the Chief Parliamentary Counsel (2) The Minister may appoint a person to act in the office of Commissioner— (a) during a period or all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the functions and duties of that office; or (b) if the Commissioner is, for any reason, unable to perform a particular function or duty on a particular occasion or in relation to a particular matter, to perform that function or duty on that occasion or in relation to that matter. 9 Vacancy, resignation (1) The Commissioner ceases to hold office if he or she— (a) resigns by notice in writing delivered to the Governor in Council; or (b) becomes an insolvent under administration; or (c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (d) is removed from office under subsection (2). (2) The Governor in Council may remove the Commissioner from office for misconduct, neglect of duty or physical or mental incapacity. 10 Functions The Commissioner has the following functions— (a) to undertake, at least annually, reviews and assessments of the accuracy of the road safety camera system in order to monitor compliance of the system with the requirements of the Road Safety Act 1986 and regulations made under that Act; s. 9 -- 6 of 17 -- Part 2—Road Safety Camera Commissioner Road Safety Camera Commissioner Act 2011 No. 47 of 2011 5 Authorised by the Chief Parliamentary Counsel (b) to undertake, at least annually, reviews and assessments of the information about the road safety camera system that is made available to the public by the Department of Justice; (c) to undertake investigations requested or agreed to by the Minister into the integrity, accuracy or efficiency of the road safety camera system; (d) to receive complaints concerning any aspect of the road safety camera system and— (i) if appropriate, to refer a complaint to an appropriate person or body for further action; or (ii) to provide information on the available avenues for resolution of a complaint; (e) to investigate complaints referred to in paragraph (d) that appear to indicate a problem with the road safety camera system and to make recommendations to the Minister to address any systemic issues identified; (f) to investigate any matter in relation to the road safety camera system that the Minister refers to the Commissioner; (g) to provide advice to the Minister on any matter in relation to the road safety camera system; (h) to refer appropriate matters to the Reference Group for research and advice; (i) to keep records of investigations undertaken and complaints received by the Commissioner and the action taken in response, if any; s. 10 -- 7 of 17 -- Part 2—Road Safety Camera Commissioner Road Safety Camera Commissioner Act 2011 No. 47 of 2011 6 Authorised by the Chief Parliamentary Counsel (j) to make available to the Minister, on request, the records kept under paragraph (i); (k) any other function conferred on the Commissioner by or under this or any other Act. 11 Powers (1) The Commissioner has all the powers necessary or convenient to perform his or her functions. (2) Without limiting subsection (1), the Commissioner may— (a) request information from the Department of Justice concerning the operation of the road safety camera system; (b) make copies of, or take extracts from, any document relating to the operation of the road safety camera system. (3) In exercising his or her powers, the Commissioner must comply with any relevant requirements specified by or under any other Act. 12 Conflict of interest The Commissioner must disclose to the Minister in writing any direct or indirect interest, whether pecuniary or otherwise, that the Commissioner has or acquires that could conflict with the proper performance of the duties of the office of Commissioner. 13 Staff There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the purposes of this Act. s. 11 -- 8 of 17 -- Part 2—Road Safety Camera Commissioner Road Safety Camera Commissioner Act 2011 No. 47 of 2011 7 Authorised by the Chief Parliamentary Counsel 14 Reference Group (1) The Commissioner may establish a group of advisers to be known as the Reference Group. (2) The Reference Group is to consist of the Commissioner and not less than 3 and not more than 7 members who are appointed by the Minister on the recommendation of the Commissioner. 15 Function and powers of Reference Group (1) The function of the Reference Group is to provide advice and information to the Commissioner in order to assist the Commissioner in the performance of his or her functions under this Act. (2) The Reference Group has all the powers necessary or convenient to perform its functions. 16 Fees and allowances A member of the Reference Group, other than the Commissioner and a member who is an officer or employee of the public service, is entitled to be paid the fees and travelling and other allowances from time to time approved by the Minister. 17 Procedure of the Reference Group (1) The Commissioner is to be the chairperson of the Reference Group and is to provide its terms of reference. (2) The terms of reference must not exceed the functions and powers of the Commissioner under this Act. (3) A quorum of the Reference Group consists of a majority of the members of the Reference Group for the time being. (4) Subject to this Act, the Reference Group may regulate its own procedure. s. 14 -- 9 of 17 -- Part 2—Road Safety Camera Commissioner Road Safety Camera Commissioner Act 2011 No. 47 of 2011 8 Authorised by the Chief Parliamentary Counsel 18 Member of Reference Group as expert witness A member of the Reference Group must not act as an expert witness in, or comment publicly on, a matter currently under consideration by the Reference Group. __________________ s. 18 -- 10 of 17 -- Part 3—General Road Safety Camera Commissioner Act 2011 No. 47 of 2011 9 Authorised by the Chief Parliamentary Counsel PART 3—GENERAL 19 Complaints (1) A complaint may be made to the Commissioner only by— (a) a person or body, whether corporate or unincorporated, that is aggrieved by any aspect of the road safety camera system; or (b) a representative of a person or body referred to in paragraph (a). (2) A complaint must be made in writing. 20 Law enforcement documents The Commissioner or a person who is or has been a member of the Reference Group must not disclose any document if its disclosure under this Act 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, 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 (d) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of, contraventions or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or s. 19 -- 11 of 17 -- Part 3—General Road Safety Camera Commissioner Act 2011 No. 47 of 2011 10 Authorised by the Chief Parliamentary Counsel (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 Reports to Parliament (1) The Commissioner must cause a report to be laid before each House of the Parliament in respect of each financial year on the performance of his or her functions under this Act during the financial year. (2) A report must include— (a) a report on the activities of the Reference Group during the financial year; and (b) the findings of investigations conducted by the Commissioner during the financial year and the recommendations made; and (c) any other information or recommendation that the Commissioner considers appropriate; and (d) any information requested by the Minister. (3) In a report under this section, the Commissioner must not make a finding or comment adverse to a person or body unless the person or body has been given an opportunity of being heard in the matter and the defence of the person or body is fairly set out in the report. (4) The Commissioner may at any time prepare a report for the Parliament on any matter arising in connection with the performance of his or her functions under this Act if the Commissioner considers it necessary to do so. s. 21 -- 12 of 17 -- Part 3—General Road Safety Camera Commissioner Act 2011 No. 47 of 2011 11 Authorised by the Chief Parliamentary Counsel 22 Transmission of reports to Parliament (1) The Commissioner must cause a report prepared under section 21 to be transmitted to the clerk of each House of the Parliament not later than 3 months after the end of the financial year to which the report relates. (2) A report transmitted to the clerk of a House of the Parliament under subsection (1)— (a) is deemed to have been ordered by the House to be printed; and (b) as published must be laid before the House on the next sitting day of the House. (3) If a report is received by the clerk of a House of the Parliament under subsection (1), the clerk must— (a) as soon as practicable after the report is received, notify each member of the House of its receipt and advise that the report is available on request; and (b) give a copy of the report to any member of the House on request to the clerk. (4) The publication of a report in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament. s. 22 -- 13 of 17 -- Part 3—General Road Safety Camera Commissioner Act 2011 No. 47 of 2011 12 Authorised by the Chief Parliamentary Counsel 23 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. __________________ s. 23 -- 14 of 17 -- Part 4—Amendment of Other Acts Road Safety Camera Commissioner Act 2011 No. 47 of 2011 13 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF OTHER ACTS 24 Amendment of Public Administration Act 2004 After section 16(1)(k) of the Public Administration Act 2004 insert— "(ka) the Road Safety Camera Commissioner in relation to the office of the Road Safety Camera Commissioner;". 25 Amendment of Road Safety Act 1986 After section 92(3)(cc) of the Road Safety Act 1986 insert— "(cd) to the Road Safety Camera Commissioner appointed under the Road Safety Camera Commissioner Act 2011 or to the Reference Group appointed under that Act for the purpose of the performance of functions under that Act; or". See: Act No. 108/2004. Reprint No. 2 as at 2 August 2009 and amending Act Nos 77/2008, 69/2009 and 16/2010. LawToday: www. legislation. vic.gov.au s. 24 See: Act No. 127/1986. Reprint No. 12 as at 5 April 2010 and amending Act Nos 19/1991, 13/2009, 93/2009, 6/2010, 13/2010, 19/2010, 29/2010, 30/2010, 45/2010, 63/2010, 74/2010, 75/2010, 76/2010 and 77/2010. LawToday: www. legislation. vic.gov.au -- 15 of 17 -- Part 4—Amendment of Other Acts Road Safety Camera Commissioner Act 2011 No. 47 of 2011 14 Authorised by the Chief Parliamentary Counsel 26 Repeal This Part is repealed on 31 December 2012. 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). ═══════════════ s. 26 -- 16 of 17 -- Road Safety Camera Commissioner Act 2011 No. 47 of 2011 15 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 31 May 2011 Legislative Council: 1 September 2011 The long title for the Bill for this Act was "A Bill for an Act to establish the office of Road Safety Camera Commissioner and for other purposes." Endnotes -- 17 of 17 --