Major Crime Legislation (Office of Police Integrity) Act 2004
Victorian Legislation and Parliamentary Documents
i
Major Crime Legislation (Office of Police Integrity)
Act 2004
Act No. 63/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—POLICE REGULATION ACT 1958 3
3. New Part VB inserted 3
PART VB—OFFICE OF POLICE INTEGRITY 3
102A. Office of Police Integrity 3
102B. Functions and Powers 4
102C. Acting Director 4
102D. Oath or affirmation 4
102E. Staffing 5
102F. Delegation by Director 6
102G. Confidentiality 6
102H. Disclosure of information to corresponding authorities 7
102I. Disclosure of information to the Privacy Commissioner 9
102J. Annual and other reports 9
4. Consequential amendments 9
5. Supreme Court—limitation of jurisdiction 13
6. New section 133 inserted 13
133. Transitional provision on creation of Director 13
PART 3—OMBUDSMAN ACT 1973 15
7. Director replaces Police Ombudsman 15
PART 4—PUBLIC SECTOR MANAGEMENT AND
EMPLOYMENT ACT 1998 16
8. Director is an Agency Head 16
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PART 5—SURVEILLANCE DEVICES ACT 1999 17
9. Surveillance device powers for Office of Police Integrity 17
10. Annual reports 19
11. New section 37A inserted 19
37A. Regulations 19
12. Further consequential amendment 20
PART 6—SURVEILLANCE DEVICES (AMENDMENT) ACT 2004 21
13. Definitions 21
14. Consequential amendment 24
15. Amendments regarding relevant monitors 24
16. New section 16 substituted 25
16. New section 36 substituted and section 37 repealed 25
PART 7—CRIMES (ASSUMED IDENTITIES) ACT 2004 27
17. Definitions 27
18. Supervisors 29
19. Delegation 29
PART 8—CRIMES (CONTROLLED OPERATIONS) ACT 2004 30
20. Definitions 30
21. Amendment of notes about delegations 32
22. Amendments regarding relevant monitors 32
23. Delegation 32
24. New section 45A inserted 33
45A. Delegations within the Office of Police Integrity 33
PART 9—TELECOMMUNICATIONS (INTERCEPTION)
(STATE PROVISIONS) ACT 1988 34
25. Purpose 34
26. Definitions 34
27. New Parts 3A and 3B inserted 39
PART 3A—FUNCTIONS OF THE OFFICE OF POLICE
INTEGRITY 39
20A. Documents connected with issue of warrants to be kept 39
20B. Other records to be kept in connection with
interceptions 40
20C. Documents to be given to the Minister 41
20D. Documents to be given by State Minister to
Commonwealth Minister 43
20E. Keeping and destruction of restricted records 43
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PART 3B—FUNCTIONS OF THE SPECIAL
INVESTIGATIONS MONITOR 44
20F. Functions—generally 44
20G. Regular inspections of records of Office of Police
Integrity 44
20H. Reports 45
20I. Special Investigations Monitor may report on breaches 45
20J. Special Investigations Monitor's general powers 46
20K. Power to obtain relevant information 47
20L. Special Investigations Monitor to be given information
and access notwithstanding other laws 48
20M. Dealing with information for the purposes of inspection
and report 50
20N. Special Investigations Monitor not to be sued 50
20O. Delegation by Special Investigations Monitor 51
28. Further amendments 51
PART 10—AMENDMENT OF OTHER ACTS 52
29. Juries Act 2000 52
30. Whistleblowers Protection Act 2001 52
31. Supreme Court—limitation of jurisdiction 56
32. New section 111B inserted in Whistleblowers Protection
Act 2001 56
111B. Transitional provision on creation of Office of Police
Integrity 56
33. Witness Protection Act 1991 57
═══════════════
ENDNOTES 58
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Victorian Legislation and Parliamentary Documents
1
Major Crime Legislation (Office of
Police Integrity) Act 2004†
[Assented to 12 October 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to—
(a) amend the Police Regulation Act 1958 and
the Ombudsman Act 1973 to establish the
Office of Police Integrity and the Director,
Police Integrity to replace the Police
Ombudsman;
Victoria
No. 63 of 2004
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Victorian Legislation and Parliamentary Documents
Part 1—Preliminary
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
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(b) amend the Public Sector Management and
Employment Act 1998 to provide the
Director with Agency Head powers under
that Act;
(c) amend the Surveillance Devices Act 1999,
the Surveillance Devices (Amendment) Act
2004, the Crimes (Assumed Identities) Act
2004 and the Crimes (Controlled
Operations) Act 2004 to allow the Office of
Police Integrity and the Director to exercise
powers under those Acts;
(d) amend the Telecommunications
(Interception) (State Provisions) Act 1988
to make provision for the Office of Police
Integrity and the Director in relation to the
use of powers under the Telecommunications
(Interception) Act 1979 of the
Commonwealth;
(e) make consequential amendments to other
Acts.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of Part 2, 3, 4, 5 (other than
section 12) or 10 does not come into operation
before 1 July 2005, it comes into operation on that
day.
__________________
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Part 2—Police Regulation Act 1958
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PART 2—POLICE REGULATION ACT 1958
3. New Part VB inserted
After Part VA of the Police Regulation Act 1958
insert—
'PART VB—OFFICE OF POLICE INTEGRITY
102A. Office of Police Integrity
(1) The Office of Police Integrity is established.
(2) The Office is to have a Director, called the
Director, Police Integrity, who is to be the
same person as the person who holds office
as Ombudsman.
(3) If the person holding office as Director
ceases to hold office as Ombudsman, he or
she also ceases to hold office as Director.
(4) If the person holding office as Director is
suspended from office as Ombudsman, he or
she is also suspended from office as
Director.
(5) The Public Sector Management and
Employment Act 1998 does not apply to the
Director in respect of his or her office as
such except as provided in section 16 of that
Act.
Note: Section 16 of the Public Sector Management
and Employment Act 1998 provides that the
Director has the powers of an Agency Head
under that Act in relation to employees in the
Office of Police Integrity.
See:
Act No.
6338.
Reprint No. 9
as at
1 January
2003
and
amending
Act Nos
52/2003,
10/2004 and
32/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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102B. Functions and Powers
(1) The Office of Police Integrity and the
Director have the functions conferred on the
Office or Director (as the case may be) by
this Act or any other Act.
(2) The Office of Police Integrity and the
Director have power to do all things that are
necessary or convenient to be done for or in
connection with the performance of their
functions.
102C. Acting Director
(1) If, for any reason, the person holding the
office of Ombudsman is unable to perform
the duties of the Director, or if the office of
Ombudsman is vacant, the person appointed
as Acting Ombudsman under section 6 of the
Ombudsman Act 1973 (if any) is to act as
the Director.
(2) While acting as Director, the Acting
Ombudsman has all the powers and must
perform all the duties of the Director.
102D. Oath or affirmation
(1) Before the Director or Acting Director
performs any of the duties of the Director, he
or she must take an oath or make an
affirmation that he or she—
(a) will faithfully and impartially perform
the duties of office of Director; and
(b) will not divulge, except according to
law, any information received in the
performance of those duties.
(2) Before a member of staff of the Office of
Police Integrity performs any duties as a
member of staff, he or she must take an oath
or make an affirmation that he or she—
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(a) will faithfully and impartially perform
his or her duties; and
(b) will not divulge, except according to
law, any information received in the
performance of those duties.
(3) The Director may require a person engaged
under section 102E(1)(b), or a member of a
body engaged under that section, or an
officer or employee of such a person or
body, to take an oath or make an affirmation
that the person, member, officer or
employee—
(a) will faithfully and impartially perform
his or her duties; and
(b) will not divulge, except according to
law, any information received in the
performance of those duties.
(4) An oath or affirmation under this section is
to be administered by—
(a) the Speaker of the Legislative
Assembly, in the case of the Director or
Acting Director;
(b) the Director or Acting Director, in any
other case.
102E. Staffing
(1) For the purpose of performing the functions
of the Office of Police Integrity or the
functions of the Director, the Director may—
(a) employ persons under Part 3 of the
Public Sector Management and
Employment Act 1998;
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(b) engage persons or bodies to provide
services;
(c) take persons on secondment from other
bodies.
(2) The Public Sector Management and
Employment Act 1998 does not apply to—
(a) a member of the force who is seconded
to the Office of Police Integrity in
respect of the secondment; or
(b) a person or body engaged under
sub-section (1)(b).
102F. Delegation by Director
The Director may, by instrument, delegate to
any person any power of the Director under
this or any other Act, other than this power
of delegation.
102G. Confidentiality
(1) A person, including the Director or a
member of staff of the Office of Police
Integrity, who obtains or receives
information in the course or as a result of the
performance of the functions of the Director
under this Act must not disclose that
information except—
(a) for the purposes of the performance of
the functions of the Director under this
Act; or
(b) for the purpose of the taking of any
action requested by the Director in a
report made under section 86P(5); or
(c) as authorised by section 102H or 102I;
or
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(d) for the purposes of any proceedings
for—
(i) perjury or giving false
information; or
(ii) a breach of discipline under
section 69; or
(iii) failure to comply with a direction
under section 86Q; or
(iv) an offence against this Act or
section 19 of the Evidence Act
1958; or
(e) as otherwise authorised by law.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
(2) Sub-section (1) does not apply to a person
who has made a complaint under section 86L
in respect of information received in relation
to that complaint.
(3) Proceedings for an offence against sub-
section (1) may be instituted only—
(a) by the Director; or
(b) by or with the consent of the Director
of Public Prosecutions.
102H. Disclosure of information to
corresponding authorities
(1) The Director may disclose to a
corresponding authority of another
jurisdiction any information obtained or
received in the course or as a result of the
performance of the functions of the Director
under this Act, being information relating to
a matter—
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(a) arising under an Act of the other
jurisdiction; or
(b) arising out of a joint undertaking
between Victoria and the other
jurisdiction.
(2) In this section—
"corresponding authority" of another
jurisdiction, means a person or body
having the function under the law of
that jurisdiction of investigating the
conduct of law enforcement agencies or
law enforcement officers of that
jurisdiction;
"jurisdiction" means the Commonwealth or
a State or Territory of the
Commonwealth;
"law enforcement agency" of another
jurisdiction, means—
(a) the police force or police service
(however described) of that
jurisdiction; or
(b) a body prescribed by the
regulations as a law enforcement
agency of that jurisdiction;
"law enforcement officer" of another
jurisdiction, means a member, officer,
employee or member of staff (however
described) of a law enforcement agency
of that jurisdiction.
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102I. Disclosure of information to the Privacy
Commissioner
The Director may disclose to the Privacy
Commissioner appointed under the
Information Privacy Act 2000 any
information obtained or received in the
course or as a result of the exercise of the
functions of the Director under this Act,
being information relevant to the
performance of functions or duties by the
Privacy Commissioner.
102J. Annual and other reports
(1) As soon as practicable after the end of each
financial year, the Director must cause a
report on the performance of his or her
functions under this Act during that year to
be laid before each House of Parliament.
(2) The Director may at any time cause a report
on any matter arising in connection with the
performance of his or her functions under
this Act to be laid before each House of
Parliament.'.
4. Consequential amendments
(1) In section 3(1) of the Police Regulation Act
1958—
(a) insert the following definitions—
' "Director" means the Director, Police
Integrity under section 102A(2);
"member of staff of the Office of Police
Integrity" means—
(a) an employee in the Office of
Police Integrity; or
(b) a person who is seconded to the
Office of Police Integrity;
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"Office of Police Integrity" means the
Office of Police Integrity established by
section 102A(1);';
(b) the definition of "Police Ombudsman" is
repealed.
(2) After section 69(2) of the Police Regulation Act
1958 insert—
"(3) A member of the force may commit a breach
of discipline under sub-section (1) in respect
of conduct engaged in while seconded to the
Office of Police Integrity.".
(3) Section 86I of the Police Regulation Act 1958 is
repealed.
(4) For section 86J(1) of the Police Regulation Act
1958 substitute—
"(1) None of the following is liable, whether on
the ground of lack of jurisdiction or on any
other ground, to any civil or criminal
proceedings to which they would have been
liable apart from this section in respect of
any act purported to be done under this Act
unless the act was done in bad faith—
(a) the Director;
(b) a member of staff of the Office of
Police Integrity;
(c) a person who has taken an oath or made
an affirmation under section 102D(3);
(d) a person (other than a natural person)
engaged under section 102E(1)(b), if
any officer or employee of the person
has taken an oath or made an
affirmation under section 102D(3);
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(e) the members of a body engaged under
section 102E(1)(b), if any member,
officer or employee of the body has
taken an oath or made an affirmation
under section 102D(3).".
(5) In the Police Regulation Act 1958—
(a) in section 86J(2), (3), (4) and (5), for "Police
Ombudsman" (wherever occurring)
substitute "Director";
(b) in section 86K—
(i) for "Police Ombudsman" (wherever
occurring) substitute "Director";
(ii) in sub-section (2), for "the
Ombudsman" substitute "the
Director";
(c) in section 86L—
(i) for "Police Ombudsman" (wherever
occurring) substitute "Director";
(ii) in sub-section (7), for "an officer of the
Ombudsman" (where twice occurring)
substitute "a member of staff of the
Office of Police Integrity";
(d) in sections 86LA and 86M for "Police
Ombudsman" (wherever occurring)
substitute "Director";
(e) in section 86N—
(i) for "Police Ombudsman" (wherever
occurring) substitute "Director";
(ii) in sub-section (1)(a), for "Police
Ombudsman's" substitute "Director's";
(f) in the heading to section 86NA and in
section 86NA(1), for "Police Ombudsman"
substitute "Director".
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(6) For section 86NA(2) of the Police Regulation
Act 1958 substitute—
"(2) The Director may give written notice of an
investigation on his or her own motion to the
Minister and the Chief Commissioner.".
(7) In the Police Regulation Act 1958—
(a) in sections 86NA(3), 86O, 86P (including in
the heading to section 86P), 86PA (including
in the heading to section 86PA), 86Q, 86QA,
86R, 86S and 86T for "Police Ombudsman"
(wherever occurring) substitute "Director";
(b) in section 86R(4)(b), for "Police
Ombudsman's" substitute "Director's";
(c) in section 86TA(1)—
(i) for "the Ombudsman, the Police
Ombudsman or any officer of the
Ombudsman" substitute "a relevant
person or body";
(ii) in paragraph (a), for "Police
Ombudsman" substitute "Director";
(d) in section 86TA(2), in the definition of
"document", for "1982." substitute "1982;";
(e) in section 86TA(2), after the definition of
"document" insert—
' "relevant person or body" means—
(a) the Special Investigations
Monitor;
(b) an employee in the office of the
Special Investigations Monitor;
(c) the Director;
(d) a member of staff of the Office of
Police Integrity;
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(e) a person engaged under
section 102E(1)(b), or an officer
or employee of such a person;
(f) a body engaged under
section 102E(1)(b), or a member,
officer or employee of such a
body.';
(f) in sections 86U, 86V, 86W and 86Z for
"Police Ombudsman" (wherever occurring)
substitute "Director".
5. Supreme Court—limitation of jurisdiction
After section 129A(2) of the Police Regulation
Act 1958 insert—
"(3) It is the intention of section 86J, as amended
by section 4 of the Major Crime
Legislation (Office of Police Integrity) Act
2004, to alter or vary section 85 of the
Constitution Act 1975.".
6. New section 133 inserted
After section 132 of the Police Regulation Act
1958 insert—
'133. Transitional provision on creation of
Director
(1) If—
(a) a complaint about the conduct of a
member of the force was made under
Part IVA before the commencement
day; and
(b) the investigation of the complaint was
not finalised before that day—
the complaint is to be dealt with on and after
the commencement day in accordance with
Part IVA as if it had been a complaint made
to the Director.
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(2) An investigation begun by the Police
Ombudsman under Part IVA but not
finalised before the commencement day is to
be continued on and after the
commencement day by the Director in
accordance with Part IVA.
(3) In this section—
"commencement day" means the day on
which section 6 of the Major Crime
Legislation (Office of Police
Integrity) Act 2004 comes into
operation.'.
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Part 3—Ombudsman Act 1973
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
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PART 3—OMBUDSMAN ACT 1973
7. Director replaces Police Ombudsman
In the Ombudsman Act 1973—
(a) in section 2, the definition of "Police
Ombudsman" is repealed;
(b) sections 6A and 6B are repealed;
(c) in section 7 omit "and Police Ombudsman";
(d) in section 8(1), for ", the Acting Ombudsman
or the Police Ombudsman is not, in respect
of the office of Ombudsman, Acting
Ombudsman or Police Ombudsman"
substitute "or Acting Ombudsman is not, in
respect of the office of Ombudsman or
Acting Ombudsman";
(e) in section 10(1)—
(i) omit "or Police Ombudsman";
(ii) in paragraph (a) omit "and Police
Ombudsman";
(f) section 11(4) is repealed;
(g) in section 12(2), for "Police Ombudsman"
substitute "Director, Police Integrity under
the Police Regulation Act 1958".
__________________
See:
Act No.
8414.
Reprint No. 6
as at
1 January
2002
and
amending
Act Nos
23/2002,
103/2003,
26/2004 and
32/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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Part 4—Public Sector Management and Employment Act 1998
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
16
PART 4—PUBLIC SECTOR MANAGEMENT AND
EMPLOYMENT ACT 1998
8. Director is an Agency Head
After section 16(1)(e) of the Public Sector
Management and Employment Act 1998
insert—
"(ea) the Director, Police Integrity in relation to
the Office of Police Integrity;".
__________________
See:
Act No.
45/1998
and
amending
Act Nos
98/2000,
62/2001 and
15/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 8
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Part 5—Surveillance Devices Act 1999
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
17
PART 5—SURVEILLANCE DEVICES ACT 1999
9. Surveillance device powers for Office of Police
Integrity
(1) In section 3(1) of the Surveillance Devices Act
1999—
(a) insert the following definitions—
' "Director" means the Director, Police
Integrity under section 102A(2) of the
Police Regulation Act 1958;
"Office of Police Integrity" means the
Office of Police Integrity established by
section 102A(1) of the Police
Regulation Act 1958;
"prescribed member of staff of the Office
of Police Integrity" means—
(a) the Director; or
(b) an employee in the Office of
Police Integrity who holds a
position, or is a member of a class,
that is prescribed by the
regulations for the purposes of this
definition; or
(c) a member of the police force,
member of staff of the Australian
Crime Commission or member of
the police force or police service
(however described) of another
jurisdiction, who is seconded to
the Office of Police Integrity;';
See:
Act No.
21/1999
and
amending
Act Nos
61/2001,
18/2002,
35/2002,
52/2003,
56/2003,
104/2003 and
26/2004.
LawToday:
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s. 9
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Part 5—Surveillance Devices Act 1999
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(b) in the definition of "chief law enforcement
officer", after paragraph (b) insert—
"(ba) in relation to a prescribed member of
staff of the Office of Police Integrity—
the Director;";
(c) in the definition of "law enforcement
officer", after paragraph (b) insert—
"(ba) a prescribed member of staff of the
Office of Police Integrity;";
(d) in the definition of "senior law enforcement
officer", after paragraph (b) insert—
"(ba) in relation to a prescribed member of
staff of the Office of Police Integrity—
(i) the Director; or
(ii) a prescribed member of staff of
the Office of Police Integrity who
holds a position, or is a member of
a class, that is prescribed by the
regulations for the purposes of this
definition;".
(2) In section 36(1)(b) of the Surveillance Devices
Act 1999—
(a) in sub-paragraph (v), for "proceedings."
substitute "proceedings; or";
(b) after sub-paragraph (v) insert—
"(vi) an investigation under Part IVA of the
Police Regulation Act 1958 or Part 5
of the Whistleblowers Protection Act
2001.".
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Part 5—Surveillance Devices Act 1999
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10. Annual reports
After section 37(1)(b) of the Surveillance
Devices Act 1999 insert—
"(ba) the Director must submit a report to the
Minister that includes the following
information—
(i) the number of applications for warrants
by and the number of warrants issued to
prescribed members of staff of the
Office of Police Integrity during that
year; and
(ii) the number of applications for
emergency authorisations by and the
number of emergency authorisations
given to prescribed members of staff of
the Office of Police Integrity during
that year; and
(iii) any other information relating to the
use of surveillance devices and the
administration of this Act that the
Minister considers appropriate;".
11. New section 37A inserted
After section 37 of the Surveillance Devices Act
1999 insert—
"37A. Regulations
(1) The Governor in Council may make
regulations for or with respect to prescribing
any matter or thing required or permitted by
this Act to be prescribed or necessary to be
prescribed to give effect to this Act.
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(2) The regulations—
(a) may be of general or limited
application;
(b) may differ according to differences in
time, place or circumstances.".
12. Further consequential amendment
In section 3(1) of the Surveillance Devices Act
1999, in the definition of "prescribed member of
staff of the Office of Police Integrity", in
paragraph (a), for "the police force" substitute
"Victoria Police".
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Part 6—Surveillance Devices (Amendment) Act 2004
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
21
PART 6—SURVEILLANCE DEVICES (AMENDMENT)
ACT 2004
13. Definitions
(1) In section 5(1)(a) of the Surveillance Devices
(Amendment) Act 2004—
(a) in the definition of "law enforcement
agency", after paragraph (d) insert—
"(e) the Office of Police Integrity;";
(b) after the definition of "public officer"
insert—
' "relevant monitor" means—
(a) the Victorian Ombudsman in
relation to Victoria Police, the
Department of Primary Industries
or the Department of
Sustainability and Environment;
(b) the Commonwealth Ombudsman
in relation to the Australian Crime
Commission;
(c) the Special Investigations Monitor
in relation to the Office of Police
Integrity;';
(c) the definition of "relevant Ombudsman" is
repealed;
(d) after the definition of "retrieval warrant"
insert—
' "Special Investigations Monitor" means
the Special Investigations Monitor
appointed under the Major Crime
(Special Investigations Monitor) Act
2004;'.
See:
Act No.
26/2004.
Statute Book:
www.dms.
dpc.vic.
gov.au
s. 13
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Part 6—Surveillance Devices (Amendment) Act 2004
Major Crime Legislation (Office of Police Integrity) Act 2004
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22
(2) In section 5(1) of the Surveillance Devices
(Amendment) Act 2004—
(a) in paragraph (b), in the definition of "chief
officer", for paragraph (d) substitute—
"(d) in relation to the Department of
Sustainability and Environment—the
Secretary to that department;
(e) in relation to the Office of Police
Integrity—the Director;';";
(b) in paragraph (c), for the definition of "law
enforcement officer" substitute—
' "law enforcement officer" means—
(a) in relation to Victoria Police—
(i) a member of Victoria Police;
or
(ii) a person who is seconded to
Victoria Police, including
(but not limited to) a member
of the police force or police
service (however described)
of another jurisdiction;
(b) in relation to the Australian Crime
Commission—
(i) a member of staff of the
Australian Crime
Commission; or
(ii) a person who is seconded to
the Australian Crime
Commission, including (but
not limited to) a member of
the police force or police
service (however described)
of another jurisdiction;
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(c) in relation to the Department of
Primary Industries—
(i) an authorised officer within
the meaning of the
Conservation, Forests and
Lands Act 1987 appointed
by the Secretary to that
department; or
(ii) a person who is seconded to
the Department of Primary
Industries, including (but not
limited to) a member of the
police force or police service
(however described) of
another jurisdiction;
(d) in relation to the Department of
Sustainability and Environment—
(i) an authorised officer within
the meaning of the
Conservation, Forests and
Lands Act 1987 appointed
by the Secretary to that
department; or
(ii) a person who is seconded to
the Department of
Sustainability and
Environment, including (but
not limited to) a member of
the police force or police
service (however described)
of another jurisdiction;
(e) in relation to the Office of Police
Integrity—a prescribed member of
staff of the Office of Police
Integrity;';
s. 13
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(c) in paragraph (j), in the definition of "senior
officer", for paragraph (d) substitute—
"(d) in relation to the Department of
Sustainability and Environment—the
Secretary to that department;
(e) in relation to the Office of Police
Integrity—
(i) the Director; or
(ii) a prescribed member of staff of
the Office of Police Integrity who
holds a position, or is a member of
a class, that is prescribed by the
regulations for the purposes of this
definition;';".
14. Consequential amendment
In section 10 of the Surveillance Devices
(Amendment) Act 2004, for proposed
section 25(b) substitute—
"(b) law enforcement officers of the Department
of Primary Industries or Department of
Sustainability and Environment.".
15. Amendments regarding relevant monitors
In section 13 of the Surveillance Devices
(Amendment) Act 2004, in proposed
sections 30F(1)(g), 30P (including the heading to
proposed section 30P) and 30Q, for "relevant
Ombudsman" (wherever occurring) substitute
"relevant monitor".
s. 14
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16. New section 16 substituted
For section 16 of the Surveillance Devices
(Amendment) Act 2004 substitute—
'16. New section 36 substituted and section 37
repealed
For sections 36 and 37 of the Principal Act
substitute—
"36. Evidentiary certificates
(1) A senior officer of a law enforcement
agency, or a person assisting him or
her, may issue a written certificate
signed by the officer or person setting
out any facts he or she considers
relevant with respect to—
(a) anything done by a law
enforcement officer of the agency,
or by a person assisting or
providing technical expertise to
him or her, in connection with the
execution of a warrant or in
accordance with an emergency
authorisation; or
(b) anything done by a law
enforcement officer of the agency
in connection with—
(i) the communication by a
person to another person; or
(ii) the making use of; or
(iii) the making of a record of; or
(iv) the custody of a record of—
information obtained by the use of
a surveillance device under a
warrant, emergency authorisation,
corresponding warrant or
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corresponding emergency
authorisation.
(2) A document purporting to be a
certificate issued under sub-section (1)
or under a provision of a corresponding
law that corresponds to sub-section (1)
is admissible in evidence in any
proceeding.
(3) Sub-section (2) does not apply to a
certificate to the extent that the
certificate sets out facts with respect to
anything done in accordance with an
emergency authorisation or
corresponding emergency authorisation
unless the use of powers under that
authorisation has been approved under
section 30 or under a provision of a
corresponding law that corresponds to
section 30.".'.
__________________
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Victorian Legislation and Parliamentary Documents
Part 7—Crimes (Assumed Identities) Act 2004
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
27
PART 7—CRIMES (ASSUMED IDENTITIES) ACT 2004
17. Definitions
In section 3 of the Crimes (Assumed Identities)
Act 2004—
(a) insert the following definitions—
' "Director" means the Director, Police
Integrity under section 102A(2) of the
Police Regulation Act 1958;
"Office of Police Integrity" means the
Office of Police Integrity established by
section 102A(1) of the Police
Regulation Act 1958;
"prescribed member of staff of the Office
of Police Integrity" means—
(a) the Director; or
(b) an employee in the Office of
Police Integrity who holds a
position, or is a member of a class,
that is prescribed by the
regulations for the purposes of this
definition; or
(c) a member of Victoria Police,
member of staff of the Australian
Crime Commission or member of
the police force or police service
(however described) of another
jurisdiction, who is seconded to
the Office of Police Integrity;';
(b) in the definition of "chief officer", after
paragraph (a)(ii) insert—
"(iii) in relation to the Office of Police
Integrity—the Director;";
See:
Act No.
15/2004.
Statute Book:
www.dms.
dpc.vic.
gov.au
s. 17
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(c) in the definition of "law enforcement
agency", after paragraph (b) insert—
"(c) the Office of Police Integrity;";
(d) for the definition of "law enforcement
officer" substitute—
' "law enforcement officer" means—
(a) in relation to Victoria Police—
(i) a member of Victoria Police;
or
(ii) a person who is seconded to
Victoria Police, including
(but not limited to) a member
of the police force or police
service (however described)
of another jurisdiction;
(b) in relation to the Australian Crime
Commission—
(i) a member of staff of the
Australian Crime
Commission; or
(ii) a person who is seconded to
the Australian Crime
Commission, including (but
not limited to) a member of
the police force or police
service (however described)
of another jurisdiction;
(c) in relation to the Office of Police
Integrity—a prescribed member of
staff of the Office of Police
Integrity;'.
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18. Supervisors
For section 5(4) of the Crimes (Assumed
Identities) Act 2004 substitute—
"(4) The law enforcement officer appointed as
supervisor must be—
(a) of or above the rank of sergeant, in the
case of Victoria Police;
(b) of or above the rank of senior
investigator, in the case of the
Australian Crime Commission;
(c) a person who holds a position, or is a
member of a class, that is prescribed by
the regulations, in the case of the Office
of Police Integrity.".
19. Delegation
In section 34 of the Crimes (Assumed Identities)
Act 2004—
(a) in sub-section (4), after "section 6A" insert
"or 102F";
(b) in sub-section (5), in the definition of "senior
officer", in paragraph (b)(iv), for
"definition." substitute "definition;";
(c) in sub-section (5), in the definition of "senior
officer", after paragraph (b) insert—
"(c) in relation to the Office of Police
Integrity—a prescribed member of staff
of the Office of Police Integrity who
holds a position, or is a member of a
class, that is prescribed by the
regulations for the purposes of this
definition.".
__________________
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Victorian Legislation and Parliamentary Documents
Part 8—Crimes (Controlled Operations) Act 2004
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
30
PART 8—CRIMES (CONTROLLED OPERATIONS) ACT 2004
20. Definitions
In section 3 of the Crimes (Controlled
Operations) Act 2004—
(a) insert the following definitions—
' "Director" means the Director, Police
Integrity under section 102A(2) of the
Police Regulation Act 1958;
"Office of Police Integrity" means the
Office of Police Integrity established by
section 102A(1) of the Police
Regulation Act 1958;
"prescribed member of staff of the Office
of Police Integrity" means—
(a) the Director; or
(b) an employee in the Office of
Police Integrity who holds a
position, or is a member of a class,
that is prescribed by the
regulations for the purposes of this
definition; or
(c) a member of Victoria Police,
member of staff of the Australian
Crime Commission or member of
the police force or police service
(however described) of another
jurisdiction, who is seconded to
the Office of Police Integrity;
"Special Investigations Monitor" means
the Special Investigations Monitor
appointed under the Major Crime
(Special Investigations Monitor) Act
2004;';
See:
Act No.
16/2004.
Statute Book:
www.dms.
dpc.vic.
gov.au
s. 20
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(b) in the definition of "chief officer", after
paragraph (b) insert—
"(c) in relation to the Office of Police
Integrity—the Director;";
(c) in the definition of "law enforcement
agency", after paragraph (b) insert—
"(c) the Office of Police Integrity;";
(d) for the definition of "law enforcement
officer" substitute—
' "law enforcement officer" means—
(a) in relation to Victoria Police—
(i) a member of Victoria Police;
or
(ii) a person who is seconded to
Victoria Police, including
(but not limited to) a member
of the police force or police
service (however described)
of another jurisdiction;
(b) in relation to the Australian Crime
Commission—
(i) a member of staff of the
Australian Crime
Commission; or
(ii) a person who is seconded to
the Australian Crime
Commission, including (but
not limited to) a member of
the police force or police
service (however described)
of another jurisdiction;
s. 20
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(c) in relation to the Office of Police
Integrity—a prescribed member of
staff of the Office of Police
Integrity;';
(e) after the definition of "principal law
enforcement officer" insert—
' "relevant monitor" means—
(a) the Victorian Ombudsman in
relation to Victoria Police;
(b) the Commonwealth Ombudsman
in relation to the Australian Crime
Commission;
(c) the Special Investigations Monitor
in relation to the Office of Police
Integrity;';
(f) the definition of "relevant Ombudsman" is
repealed.
21. Amendment of notes about delegations
In the note at the foot of each of sections 12, 13,
18, 21, 23 and 25 of the Crimes (Controlled
Operations) Act 2004, for "The chief officer"
substitute "In some circumstances, the chief
officer".
22. Amendments regarding relevant monitors
In sections 38, 39 (including the heading to
section 39) and 42 (including the heading to
section 42) of the Crimes (Controlled
Operations) Act 2004, for "relevant
Ombudsman" (wherever occurring) substitute
"relevant monitor".
23. Delegation
In section 43(2) of the Crimes (Controlled
Operations) Act 2004, after "section 6A" insert
"or 102F".
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24. New section 45A inserted
After section 45 of the Crimes (Controlled
Operations) Act 2004 insert—
'45A. Delegations within the Office of Police
Integrity
(1) The chief officer of the Office of Police
Integrity may delegate to a senior officer of
the Office of Police Integrity the chief
officer's function of making notifications
under section 34(2).
(2) In this section—
"senior officer" of the Office of Police
Integrity means a prescribed member of
staff of the Office of Police Integrity
who holds a position, or is a member of
a class, that is prescribed by the
regulations for the purposes of this
definition.'.
__________________
s. 24
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Victorian Legislation and Parliamentary Documents
Part 9—Telecommunications (Interception) (State Provisions) Act 1988
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
34
PART 9—TELECOMMUNICATIONS (INTERCEPTION)
(STATE PROVISIONS) ACT 1988
25. Purpose
In section 1 of the Telecommunications
(Interception) (State Provisions) Act 1988, after
"Victoria" insert "and the Office of Police
Integrity".
26. Definitions
In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988—
(a) insert the following definitions—
' "Director" means the Director, Police
Integrity under section 102A(2) of the
Police Regulation Act 1958;
"member of staff of the Office of Police
Integrity" means—
(a) the Director; or
(b) an employee in the Office of
Police Integrity; or
(c) a person who is seconded to the
Office of Police Integrity;
"Office of Police Integrity" means the
Office of Police Integrity established by
section 102A(1) of the Police
Regulation Act 1958;
"Special Investigations Monitor" means
the Special Investigations Monitor
appointed under the Major Crime
(Special Investigations Monitor) Act
2004;';
See:
Act No.
46/1988.
Reprint No. 1
as at
10 October
1996
and
amending
Act Nos
65/2001 and
52/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 25
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Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
35
(b) in the definition of "agency", after
paragraph (d) insert—
"(e) the Office of Police Integrity;";
(c) the definition of "certifying officer" is
repealed;
(d) for the definition of "inspecting officer"
substitute—
' "inspecting officer" means—
(a) in relation to the Police Force—
the Ombudsman or an officer of
the Ombudsman;
(b) in relation to the Office of Police
Integrity—the Special
Investigations Monitor or an
employee in the office of the
Special Investigations Monitor;';
(e) for the definition of "permitted purpose"
substitute—
' "permitted purpose" means—
(a) in relation to the Police Force—
(i) an investigation by the
Police Force of a prescribed
offence within the meaning
of the Commonwealth Act;
or
(ii) the making by an authority,
body or person of a decision
whether or not to begin a
relevant proceeding in
relation to the Police Force;
or
(iii) a relevant proceeding in
relation to the Police Force;
or
s. 26
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Act No. 63/2004
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(iv) the exercise by the Chief
Commissioner of Police of
the powers conferred by
section 68 of the
Commonwealth Act; or
(v) the keeping of records by
the Police Force under
sections 5, 6 and 9; or
(vi) an inspection of the records
of the Police Force made
under section 11; or
(vii) a report on such an
inspection; or
(viii) an investigation of, or an
inquiry into, alleged
misbehaviour, or alleged
improper conduct, of an
officer of the State of
Victoria, being an
investigation or inquiry
under a law of this State or
by a person in the person's
capacity as an officer of this
State; or
(ix) a report on such an
investigation or inquiry; or
(x) the making by a person of a
decision in relation to the
appointment, re-
appointment, term of
appointment or retirement of
an officer or member of staff
of the Police Force; or
s. 26
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Act No. 63/2004
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(xi) a review (whether by way of
appeal or otherwise) of a
decision referred to in sub-
paragraph (x); or
(xii) the tendering to the
Governor in Council of
advice to terminate, because
of misbehaviour or improper
conduct, the appointment of
an officer of this State; or
(xiii) deliberations of the Governor
in Council in connection
with advice to terminate,
because of misbehaviour or
improper conduct, the
appointment of an officer of
this State;
(b) in relation to the Office of Police
Integrity—
(i) an investigation by the
Director under Part IVA of
the Police Regulation Act
1958 or Part 5 of the
Whistleblowers Protection
Act 2001; or
(ii) a report on such an
investigation; or
(iii) an investigation by the
Office of Police Integrity of
a prescribed offence within
the meaning of the
Commonwealth Act; or
s. 26
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(iv) the making by an authority,
body or person of a decision
whether or not to begin a
relevant proceeding in
relation to the Office of
Police Integrity; or
(v) a relevant proceeding in
relation to the Office of
Police Integrity; or
(vi) the exercise by the Director
of the powers conferred by
section 68 of the
Commonwealth Act; or
(vii) the keeping of records by the
Office of Police Integrity
under sections 20A, 20B and
20E; or
(viii) an inspection of the records
of the Office of Police
Integrity made under section
20G; or
(ix) a report on such an
inspection;'.
s. 26
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Part 9—Telecommunications (Interception) (State Provisions) Act 1988
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
39
27. New Parts 3A and 3B inserted
After Part 3 of the Telecommunications
(Interception) (State Provisions) Act 1988
insert—
'PART 3A—FUNCTIONS OF THE OFFICE OF
POLICE INTEGRITY
20A. Documents connected with issue of
warrants to be kept
The Director must cause to be kept in the
records of the Office of Police Integrity—
(a) a copy of each warrant issued to the
Office of Police Integrity, certified in
writing by a certifying officer to be a
true copy of the warrant; and
(b) a copy of each notification under
section 53(1)(b) of the Commonwealth
Act of the issue of such a warrant; and
(c) a copy of each instrument revoking
such a warrant, certified in writing by a
certifying officer to be a true copy of
the instrument; and
(d) a copy of each certificate issued under
section 61(4) of the Commonwealth
Act by a certifying officer; and
(e) a copy of each authorisation by the
Director under section 66(2) of the
Commonwealth Act; and
(f) particulars of any telephone application
for a Part VI warrant made by the
Office of Police Integrity.
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20B. Other records to be kept in connection
with interceptions
(1) The Director must cause—
(a) in relation to each application by the
Office of Police Integrity for a Part VI
warrant, a statement as to whether—
(i) the application was withdrawn or
refused; or
(ii) a warrant was issued on the
application; and
(b) in relation to each restricted record that
has at any time been in the possession
of the Office of Police Integrity,
particulars of—
(i) if the restricted record is a record
obtained by an interception under
a warrant issued to the Office of
Police Integrity—that warrant;
and
(ii) each occasion when the restricted
record came (whether by its
making or otherwise) to be in the
possession of the Office of Police
Integrity; and
(iii) each occasion (if any) when the
restricted record ceased (whether
by its destruction or otherwise) to
be in the possession of the Office
of Police Integrity; and
(iv) each agency or other body (if any)
from or to which, or other person
(if any) from or to whom, the
Office of Police Integrity received
or supplied the restricted record;
and
s. 27
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41
(c) particulars of each use made by the
Office of Police Integrity of lawfully
obtained information; and
(d) particulars of each communication of
lawfully obtained information by a
member of staff of the Office of Police
Integrity to a person or body other than
such a member of staff; and
(e) particulars of each occasion when, to
the knowledge of a member of staff of
the Office of Police Integrity, lawfully
obtained information was given in
evidence in a relevant proceeding in
relation to the Office of Police
Integrity—
to be recorded in writing as soon as
practicable after the happening of the events
to which the particulars relate or the
statement relates, as the case may be.
(2) The Director must cause to be kept in the
records of the Office of Police Integrity each
record that the Director has caused to be
made under this section.
20C. Documents to be given to the Minister
(1) The Director must give to the Minister—
(a) a copy of each warrant issued to the
Office of Police Integrity, and of each
instrument under section 52 or 57 of the
Commonwealth Act revoking such a
warrant, as soon as practicable after the
issue or revocation of the warrant; and
s. 27
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Act No. 63/2004
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(b) within 3 months after a warrant issued
to the Office of Police Integrity ceases
to be in force, a written report about—
(i) the use made by the Office of
Police Integrity of information
obtained by interceptions under
the warrant; and
(ii) the communication of that
information to persons other than
officers of the Office of Police
Integrity; and
(c) as soon as practicable, and in any event
within 2 months, after each 30 June, a
written report that sets out such
information as—
(i) Division 2 of Part IX of the
Commonwealth Act requires to be
set out in the Minister's report
under that Division relating to the
year ending on that 30 June; and
(ii) can be derived from the records of
the Office of Police Integrity.
(2) The Director must give to the Attorney-
General—
(a) a copy of each warrant, and of each
instrument, referred to in sub-section
(1)(a), within 28 days after the warrant
ceases to be in force; and
(b) a copy of each report referred to in sub-
section (1)(c).
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20D. Documents to be given by State Minister
to Commonwealth Minister
The Minister must give to the Minister
administering the Commonwealth Act, as
soon as practicable after—
(a) a copy of a warrant issued to the Office
of Police Integrity; or
(b) a copy of an instrument revoking such a
warrant; or
(c) a report of a kind referred to in
section 20C(1)(b) or (c)—
is given to the Minister, a copy of the
warrant, instrument or report, as the case
may be.
20E. Keeping and destruction of restricted
records
(1) The Director must cause a restricted record
(whether made before or after the
commencement of section 35 of the
Commonwealth Act) that is in the possession
of the Office of Police Integrity to be kept,
except when it is being otherwise dealt with
in accordance with the Commonwealth Act
and this Act, in a secure place where it is not
accessible to persons other than persons who
are entitled so to deal with it.
(2) The Director must cause a restricted record
of a kind referred to in sub-section (1) to be
destroyed forthwith if he or she is satisfied
that the restricted record is not likely to be
required for a permitted purpose in relation
to the Office of Police Integrity, other than a
purpose connected with an inspection of the
kind referred to in section 20G or with a
report on such an inspection.
s. 27
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Part 9—Telecommunications (Interception) (State Provisions) Act 1988
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
44
PART 3B—FUNCTIONS OF THE SPECIAL
INVESTIGATIONS MONITOR
20F. Functions—generally
The Special Investigations Monitor may—
(a) inspect records of the Office of Police
Integrity in order to ascertain the extent
of compliance by members of staff of
the Office of Police Integrity with
Part 3A; and
(b) report to the Minister about the results
of those inspections; and
(c) do anything incidental or conducive to
the performance of any of the preceding
functions.
20G. Regular inspections of records of Office of
Police Integrity
(1) The Special Investigations Monitor must
inspect the records of the Office of Police
Integrity—
(a) at least once during the period
beginning on the commencement day
and ending on the following 30 June;
and
(b) at least twice during each financial year
beginning after the 30 June referred to
in paragraph (a)—
in order to ascertain the extent to which the
members of staff of the Office of Police
Integrity have complied with Part 3A since
the commencement day, or since the last
inspection under this Part of the records of
the Office of Police Integrity, as the case
requires.
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(2) The Special Investigations Monitor may at
any time inspect records of the Office of
Police Integrity in order to ascertain the
extent to which members of staff of the
Office of Police Integrity have complied
during any period with Part 3A.
(3) In this section—
"commencement day" means the day on
which section 27 of the Major Crime
Legislation (Office of Police
Integrity) Act 2004 comes into
operation.
20H. Reports
(1) The Special Investigations Monitor must, as
soon as practicable, and in any event within
3 months, after the end of each financial
year, report to the Minister in writing, about
the results of the inspections under
section 20G(1), during that financial year, of
records of the Office of Police Integrity.
(2) The Special Investigations Monitor may
report to the Minister in writing at any time
about the results of an inspection under this
Part and must do so if so requested by the
Minister or the Attorney-General.
(3) The Special Investigations Monitor must
give a copy of a report under sub-section (1)
or (2) to the Director and to the Attorney-
General.
20I. Special Investigations Monitor may report
on breaches
If, as a result of an inspection under this Part
of the records of the Office of Police
Integrity, the Special Investigations Monitor
is of the opinion that a member of staff of the
Office of Police Integrity has contravened—
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(a) a provision of the Commonwealth Act;
or
(b) a requirement referred to in
section 20C(1)(a) or (b)—
the Special Investigations Monitor may
include in his or her report on the inspection
a report on the contravention.
20J. Special Investigations Monitor's general
powers
(1) For the purposes of an inspection under this
Part of records of the Office of Police
Integrity, the Special Investigations
Monitor—
(a) may, after notifying the Director, enter
at any reasonable time premises
occupied by the Office of Police
Integrity; and
(b) is entitled to have full and free access at
all reasonable times to all records of the
Office of Police Integrity; and
(c) despite any other law, is entitled to
make copies of, and to take extracts
from, records of the Office of Police
Integrity; and
(d) may require a member of staff of the
Office of Police Integrity to give the
Special Investigations Monitor such
information as the Special
Investigations Monitor considers
necessary, being information that is in
the member of staff's possession, or to
which the member of staff has access,
and that is relevant to the inspection.
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(2) The Director must ensure that members of
staff of the Office of Police Integrity provide
to the Special Investigations Monitor such
assistance in connection with the exercise of
the Special Investigations Monitor's
functions under this Part as the Special
Investigations Monitor reasonably requires.
20K. Power to obtain relevant information
(1) If the Special Investigations Monitor has
reason to believe that a member of staff of
the Office of Police Integrity is able to give
information relevant to an inspection under
this Part of records of the Office of Police
Integrity, sub-sections (2) and (3) have
effect.
(2) The Special Investigations Monitor may, by
writing given to the member of staff, require
the member of staff to give the information
to the Special Investigations Monitor—
(a) by writing signed by the member of
staff; and
(b) at a specified place and within a
specified period.
(3) The Special Investigations Monitor may, by
writing given to the member of staff, require
him or her to attend—
(a) before a specified inspecting officer;
and
(b) at a specified place; and
(c) within a specified period or at a
specified time on a specified day—
in order to answer questions relevant to the
inspection.
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(4) If the Special Investigations Monitor—
(a) has reason to believe that a member of
staff of the Office of Police Integrity is
able to give information relevant to an
inspection under this Part of records of
the Office of Police Integrity; and
(b) does not know the member of staff's
identity—
the Special Investigations Monitor may, by
writing given to the Director, require the
Director, or a person nominated by the
Director, to attend—
(c) before a specified inspecting officer;
and
(d) at a specified place; and
(e) within a specified period or at a
specified time on a specified day—
in order to answer questions relevant to the
inspection.
(5) The place, and the period or the time and
day, specified in a requirement under this
section must be reasonable having regard to
the circumstances in which the requirement
is made.
20L. Special Investigations Monitor to be given
information and access notwithstanding
other laws
(1) Despite any other law, a person is not
excused from giving information, answering
a question, or giving access to a document,
as and when required by or under this Part,
on the ground that giving the information,
answering the question, or giving access to
the document, as the case may be, would
contravene a law, would be contrary to the
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public interest or might tend to incriminate
the person or make the person liable to a
penalty but—
(a) the information, the answer, or the fact
that the person has so given access to
the document, as the case may be; and
(b) any information or thing (including a
document) obtained as a direct
consequence of giving the first-
mentioned information, answering the
question or giving access to the first-
mentioned document, as the case may
be—
is not admissible in evidence against the
person except in a proceeding by way of a
prosecution for an offence against section 23.
(2) Nothing in any other law prevents a member
of staff of the Office of Police Integrity
from—
(a) giving information to an inspecting
officer (whether orally or in writing and
whether or not in answer to a question);
or
(b) giving to an inspecting officer access to
a record of the Office of Police
Integrity—
for the purposes of an inspection under this
Part of records of the Office of Police
Integrity.
(3) Nothing in any other law prevents a member
of staff of the Office of Police Integrity from
making a record of information, or causing a
record of information to be made, for the
purposes of giving the information to a
person as permitted by sub-section (2).
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20M. Dealing with information for the purposes
of inspection and report
If—
(a) information is given or communicated
to an inspecting officer, as permitted by
section 20L(2) or this section, for the
purposes of an inspection, or of a report
on an inspection, under this Part of the
Office of Police Integrity records; or
(b) an inspecting officer obtains
information as a result of being given
access to records of the Office of
Police Integrity, as permitted by
section 20L(2), for the purposes of an
inspection under this Part of the Office
of Police Integrity—
the inspecting officer may, despite any other
law, communicate to another inspecting
officer, make use of, or make a record of, the
information for the purposes of an
inspection, or of a report on an inspection,
under this Part of records of the Office of
Police Integrity.
20N. Special Investigations Monitor not to be
sued
An inspecting officer, or a person acting
under an inspecting officer's direction or
authority, is not liable to an action, suit or
proceeding for or in relation to an act done,
or omitted to be done, in good faith in the
exercise, or the purported exercise, of a
function conferred by this Part.
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20O. Delegation by Special Investigations
Monitor
The Special Investigations Monitor may
delegate to another inspecting officer any of
the Special Investigations Monitor's
functions under this Act, other than—
(a) this power of delegation; and
(b) a power to report to the Minister.'.
28. Further amendments
In the Telecommunications (Interception)
(State Provisions) Act 1988—
(a) in section 21, after "section 11" insert
"or 20G";
(b) in section 23—
(i) in sub-section (1), after "section 15"
insert "or 20K";
(ii) in sub-section (2)(a), after "Part 3"
insert "or the Special Investigations
Monitor's functions under Part 3B";
(iii) in sub-section (2)(b), after "Part 3"
insert "or 3B".
__________________
s. 28
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PART 10—AMENDMENT OF OTHER ACTS
29. Juries Act 2000
In clause 1 of Schedule 2 to the Juries Act
2000—
(a) for paragraph (k) substitute—
"(k) the Ombudsman or the Acting
Ombudsman;";
(b) after paragraph (l) insert—
"(la) the Director, Police Integrity or Acting
Director, Police Integrity;
(lb) an employee in the Office of Police
Integrity;".
30. Whistleblowers Protection Act 2001
(1) In the Whistleblowers Protection Act 2001—
(a) in section 3(1)—
(i) insert the following definitions—
' "Director" means the Director, Police
Integrity under section 102A(2) of
the Police Regulation Act 1958;
"member of staff of the Office of
Police Integrity" means—
(a) an employee in the Office of
Police Integrity; or
(b) a person who is seconded to
the Office of Police
Integrity;';
(ii) the definition of "Police Ombudsman"
is repealed;
See:
Act No.
53/2000.
Reprint No. 1
as at
1 November
2002.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 29
See:
Act No.
36/2001
and
amending
Act Nos
110/2003 and
32/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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(b) for section 4(2)(ia) substitute—
"(ia) the Director;";
(c) in sections 6, 13(2)(d), 22(1)(a), 23(2), 27(5),
33, 34, 35(1), 36, 37(2) and 43 (including in
the heading to section 43) for "Police
Ombudsman" (wherever occurring)
substitute "Director";
(d) in the heading to Division 3A of Part 5, for
"Police Ombudsman" substitute
"Director";
(e) in sections 61A, 61B (including in the
heading to section 61B), 61C, 61F, 62
(including in the heading to section 62),
63(4), 102(e)(iii) and 106(d), for "Police
Ombudsman" (wherever occurring)
substitute "Director";
(f) in the heading to section 107, for "officers of
Ombudsman" substitute "others".
(2) For section 107(1) of the Whistleblowers
Protection Act 2001 substitute—
"(1) None of the following is liable, whether on
the ground of want of jurisdiction or on any
other ground, to any civil or criminal
proceedings to which they would have been
liable apart from this section in respect of
any act done or purporting to be done under
this Act, unless the act was done in bad
faith—
(a) the Ombudsman;
(b) an officer of the Ombudsman;
(c) the Director;
(d) a member of staff of the Office of
Police Integrity;
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(e) a person who has taken an oath or made
an affirmation under section 102D(3) of
the Police Regulation Act 1958;
(f) a person (other than a natural person)
engaged under section 102E(1)(b) of
the Police Regulation Act 1958, if any
officer or employee of the person has
taken an oath or made an affirmation
under section 102D(3) of that Act;
(g) the members of a body engaged under
section 102E(1)(b) of the Police
Regulation Act 1958, if any member,
officer or employee of the body has
taken an oath or made an affirmation
under section 102D(3) of that Act.".
(3) In section 107 of the Whistleblowers Protection
Act 2001—
(a) in sub-section (2), for "the Ombudsman, the
Police Ombudsman or any officer of the
Ombudsman" substitute "a person referred
to in sub-section (1)";
(b) in sub-section (4), for "Police Ombudsman"
(wherever occurring) substitute "Director".
(4) For section 107(5) of the Whistleblowers
Protection Act 2001 substitute—
"(5) A person referred to in sub-section (1) may
not be called to give evidence in any court or
in any legal proceedings or before the Police
Appeals Board in respect of any matter
coming to his or her knowledge in the
exercise of functions under this Act.".
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(5) In section 108(1)(a) of the Whistleblowers
Protection Act 2001, for "Police Ombudsman"
substitute "Director".
(6) In section 109 of the Whistleblowers Protection
Act 2001—
(a) in sub-section (1), for "the Ombudsman, the
Police Ombudsman, any officer of the
Ombudsman or the Chief Commissioner of
Police" substitute "a relevant person or
body";
(b) in sub-section (2), in the definition of
"document", for "1982." substitute "1982;";
(c) in sub-section (2), after the definition of
"document" insert—
' "relevant person or body" means—
(a) the Ombudsman;
(b) an officer of the Ombudsman;
(c) the Director;
(d) a member of staff of the Office of
Police Integrity;
(e) a person engaged under
section 102E(1)(b) of the Police
Regulation Act 1958, or an
officer or employee of such a
person;
(f) a body engaged under
section 102E(1)(b) of the Police
Regulation Act 1958, or a
member, officer or employee of
such a body;
(g) the Chief Commissioner of
Police.'.
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31. Supreme Court—limitation of jurisdiction
After section 110(2) of the Whistleblowers
Protection Act 2001 insert—
"(3) It is the intention of section 107, as amended
by section 30 of the Major Crime
Legislation (Office of Police Integrity) Act
2004, to alter or vary section 85 of the
Constitution Act 1975.".
32. New section 111B inserted in Whistleblowers
Protection Act 2001
After section 111A of the Whistleblowers
Protection Act 2001 insert—
'111B. Transitional provision on creation of
Office of Police Integrity
(1) This Act, as amended by the amending Act,
applies on and after the commencement day
to a disclosure under this Act, whether the
disclosure was made before, on or after the
commencement day.
(2) In this section—
"amending Act" means the Major Crime
Legislation (Office of Police
Integrity) Act 2004;
"commencement day" means the day on
which section 32 of the amending Act
comes into operation.'.
s. 31
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33. Witness Protection Act 1991
In the Witness Protection Act 1991—
(a) in section 3(1), for the definition of "Deputy
Ombudsman" substitute—
' "Director" means the Director, Police
Integrity under section 102A(2) of the
Police Regulation Act 1958;';
(b) in sections 5(3), 10, 12, 17, 18, 19 and 20,
for "Deputy Ombudsman" (wherever
occurring) substitute "Director".
═══════════════
See:
Act No.
15/1991.
Reprint No. 2
as at
31 May 2000
and
amending
Act Nos
72/2001,
11/2002,
18/2002 and
52/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 33
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 25 August 2004
Legislative Council: 16 September 2004
The long title for the Bill for this Act was "to amend the Police
Regulation Act 1958, the Ombudsman Act 1973, the Public Sector
Management and Employment Act 1998, the Surveillance Devices Act
1999, the Surveillance Devices (Amendment) Act 2004, the Crimes
(Assumed Identities) Act 2004, the Crimes (Controlled Operations)
Act 2004, the Telecommunications (Interception) (State Provisions)
Act 1988 and other Acts to establish an Office of Police Integrity and a
Director, Police Integrity to replace the Police Ombudsman, allow the
Office and Director to exercise investigative powers and for other
purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 25 August 2004
Legislative Council: 16 September 2004
Absolute majorities:
Legislative Assembly: 15 September 2004
Legislative Council: 5 October 2004
Endnotes
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