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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Commissioner for Law Enforcement Data Security
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--COMMISSIONER FOR LAW ENFORCEMENT DATA
SECURITY 4
Division 1--Appointment, Terms and Conditions of Office 4
4. Establishment 4
5. Appointment 4
6. Remuneration and allowances 4
7. Terms and conditions 4
8. Acting appointment 5
9. Vacancy, resignation 5
10. Suspension and removal from office 6
Division 2--Functions and Powers 7
11. Functions 7
12. Powers 8
13. Disclosure of information to the Director, Police Integrity and
the Privacy Commissioner 9
14. Chief Commissioner of Police may provide assistance 10
PART 3--GENERAL 11
15. Secrecy 11
16. Validity of acts and decisions 11
17. Annual reports 12
18. Regulations 12
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Clause Page
PART 4--AMENDMENT OF PUBLIC ADMINISTRATION
ACT 2005 13
19. What are special bodies? 13
ENDNOTES 14
INDEX 15
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551388B.I1-26/10/2005 BILL LA INTRODUCTION 26/10/2005
PARLIAMENT OF VICTORIA
A BILL
to establish the office of the Commissioner for Law Enforcement Data
Security, to amend the Public Administration Act 2004 and for other
purposes.
Commissioner for Law Enforcement
Data Security Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The principal purpose of this Act is to promote the
use by the police force of Victoria of appropriate
and secure management practices for law
5
enforcement data by--
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(a) providing for the establishment and
appointment of a Commissioner for Law
Enforcement Data Security;
(b) establishing a regime for the monitoring of
law enforcement data security management
5
practices;
(c) amending the Public Administration
Act 2004.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
10
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 July 2006, it comes into operation on that day.
3. Definitions
In this Act--
15
"Chief Commissioner of Police" means the
Chief Commissioner of Police appointed
under section 4 of the Police Regulation
Act 1958;
"Commissioner for Law Enforcement Data
20
Security" means the Commissioner for Law
Enforcement Data Security appointed under
section 5;
"law enforcement agency" has the same
meaning as in the Information Privacy
25
Act 2000;
"law enforcement data" means any information
obtained, received or held by the police force
of Victoria--
(a) for the purpose of one or more of its, or
30
any other law enforcement agency's,
law enforcement functions or activities;
or
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(b) for the enforcement of laws relating to
the confiscation of the proceeds of
crime; or
(c) in connection with the conduct of
proceedings commenced, or about to be
5
commenced, in any court or tribunal; or
(d) for the purposes of its community
policing functions;
"law enforcement data system" means a
database kept by the police force of Victoria
10
(whether in computerised or other form and
however described) containing law
enforcement data.
__________________
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s. 4
PART 2--COMMISSIONER FOR LAW ENFORCEMENT
DATA SECURITY
Division 1--Appointment, Terms and Conditions of Office
4. Establishment
There is to be a Commissioner for Law
5
Enforcement Data Security.
5. Appointment
(1) Subject to sub-section (2), the Governor in
Council may appoint a person as Commissioner
for Law Enforcement Data Security.
10
(2) A person is not eligible for appointment as
Commissioner for Law Enforcement Data
Security if the person is a member of the
Parliament of Victoria or of the Commonwealth or
of another State or a Territory of the
15
Commonwealth.
6. Remuneration and allowances
(1) The Commissioner for Law Enforcement Data
Security is entitled to be paid the remuneration
and allowances that are determined by the
20
Governor in Council.
(2) The remuneration of the Commissioner for Law
Enforcement Data Security cannot be reduced
during his or her term of office unless he or she
consents to the reduction.
25
7. Terms and conditions
(1) The Commissioner for Law Enforcement Data
Security--
(a) holds office for the period, not exceeding
5 years, specified in his or her instrument of
30
appointment; and
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(b) is eligible for re-appointment; and
(c) holds office on the terms and conditions
determined by the Governor in Council.
(2) The Commissioner for Law Enforcement Data
Security may be appointed on a full-time or part-
5
time basis.
8. Acting appointment
The Governor in Council may appoint an eligible
person to act in the office of the Commissioner for
Law Enforcement Data Security--
10
(a) during a vacancy in that office; or
(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.
15
9. Vacancy, resignation
The Commissioner for Law Enforcement Data
Security ceases to hold office if he or she--
(a) resigns by notice in writing delivered to the
Governor in Council; or
20
(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
25
be an indictable offence; or
(d) nominates for election for the Parliament of
Victoria or of the Commonwealth or of
another State or a Territory of the
Commonwealth; or
30
(e) is suspended or removed from office under
section 10.
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10. Suspension and removal from office
(1) The Governor in Council may suspend the
Commissioner for Law Enforcement Data
Security from office on any of the following
grounds--
5
(a) misconduct;
(b) neglect of duty;
(c) disability;
(d) any other ground on which the Governor in
Council is satisfied that the Commissioner
10
for Law Enforcement Data Security 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
15
House after the suspension.
(3) The Commissioner for Law Enforcement Data
Security must be removed from office by the
Governor in Council if each House of Parliament
within 20 sitting days after the day when the
20
statement is laid before it declares by resolution
that the Commissioner for Law Enforcement Data
Security ought to be removed from office.
(4) The Governor in Council must remove the
suspension and restore the Commissioner for Law
25
Enforcement Data Security to office unless each
House makes a declaration of the kind specified in
sub-section (3) within the time specified in that
sub-section.
(5) If the Commissioner for Law Enforcement Data
30
Security is suspended from office under sub-
section (1), he or she is deemed not to be the
Commissioner for Law Enforcement Data
Security during the period of suspension.
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Division 2--Functions and Powers
11. Functions
(1) The Commissioner for Law Enforcement Data
Security has the following functions--
(a) to establish appropriate standards for the
5
security and integrity of law enforcement
data systems;
(b) to establish appropriate standards and
protocols for access to, and the release of,
law enforcement data, including, but not
10
limited to, the release of law enforcement
data to members of the public;
(c) to conduct monitoring activities, including
audits, to monitor compliance with the
standards and protocols established under
15
paragraphs (a) and (b);
(d) to refer the findings of monitoring activities
conducted under paragraph (c) to an
appropriate person or body for further action;
(e) to undertake reviews of any matters relating
20
to law enforcement data security requested
by the Minister or the Chief Commissioner
of Police;
(f) any other functions conferred on the
Commissioner for Law Enforcement Data
25
Security by or under this or any other Act.
(2) The Commissioner for Law Enforcement Data
Security must consult with the Chief
Commissioner of Police when establishing
standards and protocols under sub-section (1)(a)
30
and (b).
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12. Powers
(1) The Commissioner for Law Enforcement Data
Security has the following powers--
(a) to require the Chief Commissioner of Police
to give the Commissioner free and full
5
access at all reasonable times to any law
enforcement data (including any document
on which law enforcement data is recorded)
or any law enforcement data system as is
necessary to enable the Commissioner to
10
perform his or her functions under this Act;
(b) despite anything to the contrary in any other
Act or law, to make copies of, or take
extracts from, any data or document accessed
under paragraph (a);
15
(c) to do all things that are reasonably necessary
to be done for or in connection with the
Commissioner's functions.
(2) Subject to sub-section (3), the Chief
Commissioner of Police must comply with a
20
requirement of the Commissioner for Law
Enforcement Data Security under sub-
section (1)(a).
(3) The Chief Commissioner of Police may refuse to
comply with a requirement of the Commissioner
25
for Law Enforcement Data Security under sub-
section (1)(a) if the Chief Commissioner considers
that giving access to that data or system would, or
would be reasonably likely to--
(a) prejudice the investigation of a breach or
30
possible breach of the law or prejudice the
enforcement or proper administration of the
law in a particular instance;
(b) prejudice the fair trial of a person or the
impartial adjudication of a particular case or
35
disclose data that is of such a nature that it
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would be privileged from production in legal
proceedings on the ground of legal
professional privilege;
(c) disclose, or enable a person to ascertain, the
identity of a confidential source of
5
information in relation to the enforcement or
administration of the law;
(d) endanger the lives or physical safety of
persons engaged in or in connection with law
enforcement or persons who have provided
10
confidential information in relation to the
enforcement or administration of the law.
(4) Section 6A of the Police Regulation Act 1958
does not apply to any power, discretion, function,
authority or duty of the Chief Commissioner of
15
Police under this section.
Note: Under section 6(1) of the Police Regulation Act
1958 any power, discretion, function, authority or
duty of the Chief Commissioner of Police under this
20 section may be exercised by a Deputy Commissioner.
13. Disclosure of information to the Director, Police
Integrity and the Privacy Commissioner
(1) The Commissioner for Law Enforcement Data
Security may disclose to--
(a) the Director, Police Integrity under section
25
102A(2) of the Police Regulation Act 1958;
or
(b) the Privacy Commissioner appointed under
the Information Privacy Act 2000--
any information obtained or received in the course
30
or as a result of the exercise of the functions of the
Commissioner for Law Enforcement Data
Security under this Act, being information
relevant to the performance of functions or duties
by the Director, Police Integrity or the Privacy
35
Commissioner, as the case requires.
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(2) The Commissioner for Law Enforcement Data
Security must notify the Chief Commissioner of
Police of any disclosure made under sub-
section (1).
14. Chief Commissioner of Police may provide
5
assistance
The Commissioner for Law Enforcement Data
Security may request the Chief Commissioner of
Police to provide any assistance that the
Commissioner for Law Enforcement Data
Security reasonably considers appropriate to
perform his or her functions under this Act,
including the provision of staff and facilities.
__________________
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Part 3--General
s. 15
PART 3--GENERAL
15. Secrecy
(1) This section applies to--
(a) the Commissioner for Law Enforcement
Data Security; and
(b) an acting Commissioner for Law
5
Enforcement Data Security; and
(c) any staff provided by the Chief
Commissioner of Police under section 14.
(2) A person to whom this section applies who, either
directly or indirectly, except for the purposes of
10
this Act or otherwise in connection with the
performance of his or her functions under this Act,
and either while he or she is or after he or she
ceases to be a person to whom this section applies,
divulges or communicates to any person any
15
information obtained or received in the course or
as a result of the exercise of his or her functions
under this Act, is guilty of an offence and liable to
a level 9 fine (60 penalty units maximum).
16. Validity of acts and decisions
20
An act or decision of the Commissioner for Law
Enforcement Data Security or an acting
Commissioner for Law Enforcement Data
Security is not invalid--
(a) only because of a defect or irregularity in, or
25
in connection with, the appointment of the
Commissioner or acting Commissioner; or
(b) on the ground that the occasion for the acting
Commissioner to act had not arisen or had
ceased.
30
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17. Annual reports
(1) The Commissioner for Law Enforcement Data
Security must make a report to the Minister by
30 September in each year on the performance of
the Commissioner's functions, and the exercise of
5
the Commissioner's powers, under this Act during
the financial year ending on the immediately
preceding 30 June.
(2) The Minister must cause a copy of a report given
to the Minister under sub-section (1) to be laid
10
before each House of Parliament before
30 October in the year in which the report is given
to the Minister.
18. 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.
__________________
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Act No.
Part 4--Amendment of Public Administration Act 2005
s. 19
PART 4--AMENDMENT OF PUBLIC ADMINISTRATION
ACT 2005
19. What are special bodies?
After section 6(1)(b) of the Public
Administration Act 2004 insert--
"(ba) the office of the Commissioner for Law
Enforcement Data Security;".
5
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
INDEX
Subject Section
Act
amendment of Public Administration Act 2004 19
commencement 2
purpose 1
3, 12, 14
Chief Commissioner of Police
Commissioner for Law Enforcement Data Security
acting appointment 8
annual report 17
appointment 5
assistance of Chief Commissioner of Police 14
disclosure of information 13, 15
establishment 4
functions 11
powers 12
remuneration 6
resignation 9
suspension, removal from office 10
terms and conditions 7
vacancy 9
validity of acts, decisions 16
3
Definitions
13, 15
Disclosure of information
Law enforcement agency (def.) 3
Law enforcement data (def.) 3
Law enforcement data system (def.) 3
10, 17
Minister
15
Offences
18
Regulations
15
551388B.I1-26/10/2005 BILL LA INTRODUCTION 26/10/2005
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