Major Crime (Special Investigations Monitor) Act 2004
Victorian Legislation and Parliamentary Documents
i
Major Crime (Special Investigations Monitor) Act
2004
Act No. 62/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2—SPECIAL INVESTIGATIONS MONITOR 3
Division 1—Appointment and Terms of Office 3
4. Establishment 3
5. Appointment 3
6. Remuneration and allowances 3
7. Terms and conditions 3
8. Vacancy, resignation 4
9. Suspension and removal from office 5
10. Acting appointment 5
Division 2—Functions and Powers 6
11. Functions 6
12. Powers 6
Division 3—Staffing and General Matters 7
13. Staff 7
14. Validity of acts and decisions 7
PART 3—GENERAL 8
15. Regulations 8
-- 1 of 13 --
Victorian Legislation and Parliamentary Documents
Section Page
ii
PART 4—AMENDMENT OF OTHER ACTS 9
16. Public Sector Management and Employment Act 1998 9
17. Whistleblowers Protection Act 2001 9
18. Juries Act 2000 9
═══════════════
ENDNOTES 10
INDEX 11
-- 2 of 13 --
Victorian Legislation and Parliamentary Documents
1
Major Crime (Special Investigations
Monitor) Act 2004 †
[Assented to 12 October 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are—
(a) to provide for the appointment of a Special
Investigations Monitor;
Victoria
No. 62 of 2004
-- 3 of 13 --
Victorian Legislation and Parliamentary Documents
Part 1—Preliminary
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
2
(b) to amend the Public Sector Management
and Employment Act 1998, the
Whistleblowers Protection Act 2001 and
the Juries Act 2000.
2. Commencement
This Act comes into operation on a day or days to
be proclaimed.
3. Definitions
In this Act—
"Australian lawyer" means a person who is
admitted to legal practice in Victoria or in
another State or a Territory of the
Commonwealth;
"Special Investigations Monitor" means the
Special Investigations Monitor appointed
under section 5.
__________________
s. 2
-- 4 of 13 --
Victorian Legislation and Parliamentary Documents
Part 2—Special Investigations Monitor
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
3
PART 2—SPECIAL INVESTIGATIONS MONITOR
Division 1—Appointment and Terms of Office
4. Establishment
There is to be a Special Investigations Monitor.
5. Appointment
(1) The Governor in Council may appoint an eligible
person as Special Investigations Monitor.
(2) A person is an eligible person if he or she—
(a) is an Australian lawyer of at least 5 years'
standing; and
(b) is not a member of the Parliament of Victoria
or of the Commonwealth or of another State
or a Territory of the Commonwealth.
6. Remuneration and allowances
(1) The Special Investigations Monitor is entitled to
be paid the remuneration and allowances that are
determined by the Governor in Council.
(2) The remuneration of the Special Investigations
Monitor cannot be reduced during his or her term
of office unless he or she consents to the
reduction.
7. Terms and conditions
(1) Subject to this Part, the Special Investigations
Monitor—
(a) holds office for the period, not exceeding
5 years, specified in his or her instrument of
appointment; and
(b) is eligible for re-appointment; and
(c) holds office on the terms and conditions
determined by the Governor in Council.
s. 4
-- 5 of 13 --
Victorian Legislation and Parliamentary Documents
Part 2—Special Investigations Monitor
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
4
(2) The Special Investigations Monitor must not
engage, directly or indirectly, in paid employment
outside the duties of Special Investigations
Monitor without the consent of the Governor in
Council.
(3) The Public Sector Management and
Employment Act 1998 does not apply to the
Special Investigations Monitor in respect of his or
her office as such except as provided in section 16
of that Act.
(4) If a person who has been a judge of the Supreme
Court or County Court is appointed as Special
Investigations Monitor, the appointment does not
affect any pension or other rights or privileges the
person has as a former judge.
8. Vacancy, resignation
The Special Investigations Monitor 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
within the meaning of the Corporations Act;
or
(c) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
be an indictable offence; or
(d) ceases to be an Australian lawyer; or
(e) nominates for election for the Parliament of
Victoria or of the Commonwealth or of any
other State or any Territory of the
Commonwealth; or
(f) is removed from office under section 9.
s. 8
-- 6 of 13 --
Victorian Legislation and Parliamentary Documents
Part 2—Special Investigations Monitor
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
5
9. Suspension and removal from office
(1) The Governor in Council may suspend the Special
Investigations Monitor from office on any of the
following grounds—
(a) misconduct;
(b) neglect of duty;
(c) disability;
(d) any other ground on which the Governor in
Council is satisfied that the Special
Investigations Monitor is unfit to hold office.
(2) The Minister must cause to be laid before each
House of Parliament a full statement of the
grounds of suspension within 7 sitting days of that
House after the suspension.
(3) The Special Investigations Monitor must be
removed from office by the Governor in Council
if each House of Parliament within 20 sitting days
after the day when the statement is laid before it
declares by resolution that the Special
Investigations Monitor ought to be removed from
office.
(4) The Governor in Council must remove the
suspension and restore the Special Investigations
Monitor to office unless each House makes a
declaration of the kind specified in sub-section (3)
within the time specified in that sub-section.
10. Acting appointment
(1) The Governor in Council may appoint an eligible
person to act in the office of Special
Investigations Monitor—
(a) during a vacancy in that office; or
s. 9
-- 7 of 13 --
Victorian Legislation and Parliamentary Documents
Part 2—Special Investigations Monitor
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
6
(b) 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 duties of the office.
(2) An appointment under sub-section (1) is for the
period, not exceeding 6 months, that is specified
in the instrument of appointment.
(3) A person is an eligible person to be appointed
under sub-section (1) if he or she would be an
eligible person for appointment as Special
Investigations Monitor under section 5.
(4) The Governor in Council may at any time remove
the acting Special Investigations Monitor from
office.
(5) While a person is acting in the office of the
Special Investigations Monitor, the person—
(a) has, and may exercise, all the powers and
must perform all the duties of that office; and
(b) is entitled to be paid the remuneration and
allowances that the Special Investigations
Monitor would have been entitled to for
performing those duties.
Division 2—Functions and Powers
11. Functions
The Special Investigations Monitor has the
functions conferred on the Special Investigations
Monitor by or under this or any other Act.
12. Powers
The Special Investigations Monitor has power to
do all things that are necessary or convenient to be
done for or in connection with the performance of
his or her functions.
s. 11
-- 8 of 13 --
Victorian Legislation and Parliamentary Documents
Part 2—Special Investigations Monitor
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
7
Division 3—Staffing and General Matters
13. Staff
There may be employed under Part 3 of the
Public Sector Management and Employment
Act 1998 any employees that are necessary for the
purposes of this Act.
14. Validity of acts and decisions
An act or decision of the Special Investigations
Monitor or acting Special Investigations Monitor
is not invalid only because—
(a) of a defect or irregularity in or in connection
with his or her appointment; or
(b) in the case of an acting Special
Investigations Monitor, that the occasion for
so acting had not arisen or had ceased.
__________________
s. 13
-- 9 of 13 --
Victorian Legislation and Parliamentary Documents
Part 3—General
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
8
PART 3—GENERAL
15. 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. 15
-- 10 of 13 --
Victorian Legislation and Parliamentary Documents
Part 4—Amendment of other Acts
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
9
PART 4—AMENDMENT OF OTHER ACTS
16. Public Sector Management and Employment Act
1998
After section 16(1)(i) of the Public Sector
Management and Employment Act 1998
insert—
"(j) the Special Investigations Monitor in relation
to the office of the Special Investigations
Monitor.".
17. Whistleblowers Protection Act 2001
After section 4(2)(ia) of the Whistleblowers
Protection Act 2001 insert—
"(ib) the Special Investigations Monitor;".
18. Juries Act 2000
In clause 1 of Schedule 2 to the Juries Act 2000,
before paragraph (m) insert—
"(lc) the Special Investigations Monitor or acting
Special Investigations Monitor;
(ld) an employee in the office of the Special
Investigations Monitor;".
═══════════════
See:
Act No.
45/1998
and
amending
Act Nos
98/2000,
62/2001 and
15/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 16
See:
Act No.
36/2001
and
amending
Act Nos
110/2003 and
32/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
Act No.
53/2000.
Reprint No. 1
as at
1 November
2002.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 11 of 13 --
Victorian Legislation and Parliamentary Documents
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
10
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 25 August 2004
Legislative Council: 5 October 2004
The long title for the Bill for this Act was "to provide for the appointment
of a Special Investigations Monitor, to amend the Public Sector
Management and Employment Act 1998, the Whistleblowers
Protection Act 2001 and the Juries Act 2000 and for other purposes."
Endnotes
-- 12 of 13 --
Victorian Legislation and Parliamentary Documents
Major Crime (Special Investigations Monitor) Act 2004
Act No. 62/2004
11
INDEX
Subject Section
Actamendments to other Acts 16–18
commencement 2
purposes 1
Acting Public Interest Monitor 10
Allowances 6
Appointment 5
Australian lawyers (def.) 3
Definitions 3
Eligibility 5
Functions 11
Minister 9
Parliament 9
Powers 12
Regulations 15
Remuneration 6
Resignation and removal from office 8–9
Special Investigations Monitor
acting appointments 10
allowances 6
appointment 5
definition 3
eligibility 5
establishment 4
functions 11
powers 12
removal from office 9
remuneration 6
resignation 8
restoration to office 9
staff 13
suspension 9
terms and conditions of appointment 7
vacancies 8
validity of acts, decisions 14
Suspension 9
-- 13 of 13 --