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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Police Integrity Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Act binds the Crown 8
PART 2--OFFICE OF POLICE INTEGRITY 9
Division 1--Office of Police Integrity 9
5 Office of Police Integrity 9
6 Functions and powers 9
Division 2--Director, Police Integrity 10
7 Director, Police Integrity 10
8 Objects, functions and powers of Director 10
9 Independence of Director 10
10 Appointment of Director 11
11 Remuneration and allowances 12
12 Terms and conditions 13
13 Vacancy and resignation 13
14 Suspension and removal from office 13
15 Acting appointment 14
16 Oath or affirmation by Director and Acting Director 15
Division 3--Staffing and other matters 15
17 Staffing 15
18 Oath or affirmation by staff and contractors 16
19 Secondment of police 17
20 Effect of secondment 17
21 Delegation by Director 19
561267B.I-13/3/2008 i BILL LA INTRODUCTION 13/3/2008
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Division 4--Confidentiality and reporting 20
22 Disclosure by Office of Police Integrity personnel 20
23 Disclosure by others 21
24 Disclosure of information to law enforcement agencies and
corresponding authorities 23
25 Disclosure of information to the Privacy Commissioner 25
26 Disclosure of information to the Ombudsman 25
27 Disclosure of information to the Auditor-General 26
28 Annual and other reports to Parliament 26
29 Transmission of reports to Parliament 26
Division 5--Testing of OPI personnel for alcohol or drugs of
dependence 28
30 Definitions 28
31 Testing of members of OPI personnel in certain circumstances 29
32 Director may have regard to evidence in certain circumstances 31
33 Taking of sample when member is unconscious or otherwise
unable to comply with direction 31
34 Admissibility of test result in certain proceedings 32
35 Confidentiality of test results 33
36 Offence to disclose identifying information 33
37 Regulations 34
PART 3--POLICE COMPLAINTS AND INVESTIGATIONS 36
Division 1--Complaints 36
38 Application of Division 36
39 Whistleblowers Protection Act 2001 applies to certain
complaints 36
40 Dealing with complaints 36
41 Advice to complainant 38
42 Jurisdiction 38
Division 2--Investigations 38
43 Application of Division 38
44 Own motion investigations 39
45 Consultation with Chief Commissioner 40
46 Investigation when other proceedings on foot 40
47 Power to require police to give information and documents
and answer questions 40
48 Further investigations 41
49 Chief Commissioner to respond to Director 42
50 Report on investigation 43
51 Exemption from Freedom of Information Act 1982 43
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PART 4--GENERAL INVESTIGATORY POWERS 45
Division 1--Preliminary 45
52 Application of Part 45
Division 2--Witness summonses 45
53 Witness summons 45
54 Content and form of witness summons 46
55 Witness summons directed to person under 16 46
56 Service of witness summons 47
57 Witness already held in custody 48
58 Confidentiality of witness summons 49
59 Person must comply with confidentiality notice 50
60 When does confidentiality notice cease to have effect? 51
Division 3--Examinations 52
61 Director may conduct examinations 52
62 Preliminary requirements 53
63 Witness under 16 55
64 Representation of witness 55
65 Private and public examinations 57
66 Taking of evidence 58
67 Video-recording of examination 58
68 Failure of witnesses to attend and answer questions 60
Division 4--Privileges and secrecy provisions 60
69 Privilege against self-incrimination abrogated 60
70 Legal professional privilege 61
71 Procedure for determining claims of legal professional
privilege 62
72 Application to court to determine legal professional privilege 63
73 Determination of legal professional privilege 64
74 Secrecy provisions and Crown privilege 65
Division 5--Legal assistance for witnesses 65
75 Definitions 65
76 Provision of legal assistance to witnesses 66
77 Regulations 66
Division 6--Contempt 66
78 What constitutes contempt of Director? 66
79 Charging and arresting a person for contempt 67
80 Bail pending court appearance for contempt 68
81 Custody pending court appearance for contempt 69
82 Supreme Court to deal with contempt 69
83 No double jeopardy 70
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Division 7--Arrest of recalcitrant witnesses 70
84 Warrant to arrest of recalcitrant witnesses 70
85 Bail for person arrested 71
86 Person held in custody 72
Division 8--Powers of entry, search and seizure 72
87 Definitions 72
88 Power to enter public authority premises 73
89 Power to seize documents or things at public authority
premises 74
90 Copying of, access to or receipt for things seized 75
91 Application for return of things seized 77
92 Return of things seized 78
93 Powers with search warrant 78
94 Procedure for executing warrant 80
95 Copies or receipts to be given 81
96 Return of documents and other things 81
97 Assistance in executing search warrants 82
98 Police must provide reasonable assistance 83
99 Privilege claims in relation to search warrants 83
100 Application to court to determine privilege 84
101 Determination of privilege claims 85
Division 9--Defensive equipment and firearms 86
102 Authority to possess, carry and use defensive equipment 86
103 Authority to possess, carry and use firearms 87
Division 10--Protection of persons, documents and other things 88
104 Who is a protected person? 88
105 What is a protected document or other thing? 88
106 Protected documents and other things--legal proceedings
other than criminal proceedings 89
107 Production and inspection of protected documents and
things--criminal proceedings 90
108 Appointment of special counsel 92
109 General protection of protected persons 93
110 Protection of protected persons in relation to critical incidents 94
111 Protection of legal practitioners and witnesses 95
Division 11--General 95
112 Referral of matters to DPP 95
113 Offences 96
561267B.I-13/3/2008 iv BILL LA INTRODUCTION 13/3/2008
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PART 5--OVERSIGHT BY SPECIAL INVESTIGATIONS
MONITOR 97
114 Role of Special Investigations Monitor 97
115 Director must report summonses to Special Investigations
Monitor 97
116 Director must report arrest warrants to Special Investigations
Monitor 98
117 Director must report other matters to Special Investigations
Monitor 98
118 Complaints to Special Investigations Monitor 99
119 Special Investigations Monitor may refuse to investigate
complaint 99
120 Investigation of complaints 100
121 Recommendations by Special Investigations Monitor 100
122 Requirement to provide assistance 101
123 Powers of entry and access 102
124 Requirement to answer questions and produce documents 103
125 Privileges do not apply 104
126 Annual and other reports by Special Investigations Monitor 105
127 Delegation 106
PART 6--GENERAL 108
128 Provisions of this Act prevail 108
129 Letters by people in custody 108
130 Supreme Court--limitation of jurisdiction 109
131 Regulations 109
PART 7--TRANSITIONAL PROVISIONS 110
132 Transitional provisions 110
PART 8--AMENDMENT OF POLICE REGULATION
ACT 1958 AND OTHER ACTS 111
Division 1--Amendment of Police Regulation Act 1958 111
133 Definitions 111
134 Repeal of current protection provisions 112
135 New Division 1A inserted in Part IVA 112
Division 1A--Protection of persons, documents and
other things 112
86KE Who is a protected person? 112
86KF What is a protected document or other thing? 113
86KG Protected documents and other things--legal
proceedings other than criminal proceedings 114
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86KH Production and inspection of protected documents
and things--criminal proceedings 114
86KI Appointment of special counsel 118
86KJ General protection of protected persons 119
86KK Protection of legal practitioners and witnesses 120
136 Evidence in Director investigations 120
137 New section 86PF inserted 121
86PF Failure of witnesses to attend and answer questions 121
138 New Divisions 2A and 2B inserted in Part IVA 122
Division 2A--Legal assistance for witnesses 122
86VAA Definitions 122
86VAB Provision of legal assistance to witnesses 122
86VAC Regulations 123
Division 2B--Privileges and secrecy provisions 123
86VAD Privilege against self-incrimination abrogated 123
86VAE Legal professional privilege 124
86VAF Procedure for determining claims of legal
professional privilege 126
86VAG Application to court to determine legal professional
privilege 127
86VAH Determination of legal professional privilege 127
86VAI Secrecy provisions and Crown privilege 128
139 New Division 3 substituted in Part IVA 129
Division 3--Powers of entry, search and seizure 129
86VA Definition 129
86VB Power to enter public authority premises 129
86VC Power to seize documents or things at public
authority premises 130
86VD Copying of, access to or receipt for things seized 131
86VE Application for return of things seized 134
86VF Return of things seized 135
86VG Powers with search warrant 136
86VH Procedure for executing warrant 137
86VI Copies or receipts to be given 138
86VJ Return of documents and other things 139
86VK Assistance in executing search warrants 139
86VL Police must provide reasonable assistance 140
86VM Privilege claims in relation to search warrants 140
86VN Application to court to determine privilege 142
86VO Determination of privilege claim 143
140 Supreme Court--limitation of jurisdiction 144
141 New section 136 inserted 144
136 Transitional provisions for Police Integrity Act 2008 144
142 Further amendments 146
561267B.I-13/3/2008 vi BILL LA INTRODUCTION 13/3/2008
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Division 2--Amendment of other Acts 149
143 Amendment of other Acts 149
Division 3--Repeal of Part 149
144 Self-repeal of Part 149
__________________
SCHEDULES 150
SCHEDULE 1--Transitional Provisions 150
1 Definitions 150
2 General transitional provisions 150
3 Director, Police Integrity 150
4 Staff and consultants 151
5 Confidentiality 152
6 Annual reports 153
7 Complaints 153
8 Own motion investigations 154
9 Direction to require answers etc. of police 155
10 Witness summonses 155
11 Witness already held in custody 156
12 Examinations 156
13 Further investigations 157
14 Chief Commissioner to respond to Director 157
15 Freedom of Information Act exemption 157
16 Legal professional privilege 158
17 Legal assistance for witnesses 159
18 Contempt of Director 159
19 Arrest of recalcitrant witness 160
20 Powers of entry, search and seizure 161
21 Protection of persons, documents and other things 162
22 Reports to Special Investigations Monitor 163
23 Complaints to Special Investigations Monitor 163
24 Other powers of Special Investigations Monitor 164
25 Annual report by Special Investigations Monitor 165
SCHEDULE 2--Amendment of Acts 166
1 Commissioner for Law Enforcement Data Security
Act 2005 166
2 Confiscation Act 1997 166
3 Crimes Act 1958 166
4 Crimes (Assumed Identities) Act 2004 166
5 Crimes (Controlled Operations) Act 2004 167
6 Drugs, Poisons and Controlled Substances Act 1981 167
7 Firearms Act 1996 167
8 Magistrates' Court Act 1989 168
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9 Ombudsman Act 1973 168
10 Sex Offenders Registration Act 2004 168
11 Surveillance Devices Act 1999 169
12 Telecommunications (Interception) (State Provisions)
Act 1988 169
13 Terrorism (Community Protection) Act 2003 170
14 Whistleblowers Protection Act 2001 171
15 Witness Protection Act 1991 173
ENDNOTES 174
561267B.I-13/3/2008 viii BILL LA INTRODUCTION 13/3/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Police Integrity Bill 2008
A Bill for an Act to re-establish the Office of Police Integrity, to set
out the functions of the Office and of the Director, Police Integrity, to
amend the Police Regulation Act 1958 and other Acts and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to re-establish the Office of Police Integrity;
5 (b) to set out the functions of the Office and of
the Director, Police Integrity;
(c) to amend the Police Regulation Act 1958
and other Acts.
561267B.I-13/3/2008 1 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) Section 1 and this section and Division 1 of Part 8
(except section 142) come into operation on the
day after the day on which this Act receives the
5 Royal Assent.
(2) Subject to subsection (3) the remaining provisions
of this Act (including the items in Schedule 2)
come into operation on a day or days to be
proclaimed.
10 (3) If a provision referred to in subsection (2)
(including an item or provision of an item in
Schedule 2) does not come into operation before
31 December 2009, it comes into operation on that
day.
15 3 Definitions
In this Act--
Acting Director means a person appointed under
section 15 to act in the office of Director;
Appeals Board has the same meaning as in the
20 Police Regulation Act 1958;
authorised officer has the meaning given in
section 87;
breach of discipline, in relation to a member of
Victoria Police, means a breach of discipline
25 committed under section 69 of the Police
Regulation Act 1958;
Chief Commissioner means the Chief
Commissioner of Police under the Police
Regulation Act 1958;
561267B.I-13/3/2008 2 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 3
chief executive of a public authority means--
(a) in relation to Victoria Police--the
Chief Commissioner; or
(b) in relation to a public service body
5 within the meaning of the Public
Administration Act 2004--the public
service body Head within the meaning
of that Act; or
(c) in relation to any other body, whether
10 or not incorporated, established by or
under an Act for a public purpose--the
chief executive officer, by whatever
name called, of the body;
coercive power of the Director means a power of
15 the Director under any of the following
provisions--
(a) section 47 (power to require police to
give information and documents and
answer questions);
20 (b) section 48 (further investigations);
(c) Division 2 of Part 4 (witness
summonses);
(d) Division 3 of Part 4 (examinations);
(e) Division 6 of Part 4 (contempt);
25 (f) Division 7 of Part 4 (arrest of
recalcitrant witnesses);
(g) section 106 (protected documents and
other things--legal proceedings other
than criminal proceedings);
561267B.I-13/3/2008 3 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 3
conduct, in relation to a member of Victoria
Police, means--
(a) an act or decision or the failure or
refusal by the member to act or make a
5 decision in the exercise, performance or
discharge, or purported exercise,
performance or discharge, whether
within or outside Victoria, of a power,
function or duty which the member has
10 as, or by virtue of being, a member of
Victoria Police; or
(b) conduct which constitutes an offence
punishable by imprisonment; or
(c) conduct which is likely to bring
15 Victoria Police into disrepute or
diminish public confidence in it; or
(d) disgraceful or improper conduct
(whether in the member's official
capacity or otherwise);
20 confidentiality notice has the meaning given in
section 58;
critical incident has the meaning given in
section 30;
defensive equipment means--
25 (a) an article designed or adapted to
discharge oleoresin capsicum spray; or
(b) body armour within the meaning of the
Control of Weapons Act 1990; or
(c) an extendable baton; or
30 (d) handcuffs or cable ties; or
(e) a combination of one or more of the
items referred to in paragraphs (a), (b),
(c) and (d);
561267B.I-13/3/2008 4 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 3
Director means the Director, Police Integrity
under section 7;
examination means an examination under Part 4;
extendable baton means a baton designed or
5 adapted so that the length of the baton
extends by gravity or centrifugal force or by
any pressure applied to a button, spring or
device in or attached to the handle of the
baton;
10 firearm has the same meaning as in the Firearms
Act 1996;
investigation means an investigation under Part 3;
law practice has the same meaning as in the Legal
Profession Act 2004;
15 legal practitioner means an Australian legal
practitioner within the meaning of the Legal
Profession Act 2004;
member of OPI personnel means any of the
following--
20 (a) the Director;
(b) the Acting Director;
(c) a member of staff of the Office of
Police Integrity;
(d) a person or body engaged under
25 section 17(1)(b);
(e) a member, officer or employee of a
person or body engaged under
section 17(1)(b);
561267B.I-13/3/2008 5 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 3
member of staff of the Office of Police Integrity
means--
(a) an employee in the Office of Police
Integrity; or
5 (b) a person who is seconded to the Office
of Police Integrity;
member of Victoria Police means any of the
following (within the meaning of the Police
Regulation Act 1958)--
10 (a) a member of the force;
(b) a police reservist;
(c) a protective services officer;
mental impairment includes impairment because
of mental illness, intellectual disability,
15 dementia or brain injury;
Ombudsman means the Ombudsman appointed
under section 3 of the Ombudsman Act
1973;
police gaol has the same meaning as in the
20 Corrections Act 1986;
prison has the same meaning as in the
Corrections Act 1986 but includes a youth
justice centre established under section 478
of the Children, Youth and Families Act
25 2005;
proper officer means--
(a) in the case of the Supreme Court--the
prothonotary;
(b) in the case of the County Court--a
30 registrar of that court;
protected person has the meaning given in
section 104;
561267B.I-13/3/2008 6 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 3
public authority means--
(a) Victoria Police; or
(b) a public service body within the
meaning of the Public Administration
5 Act 2004; or
(c) any other body, whether or not
incorporated, established by or under an
Act for a public purpose;
public officer means--
10 (a) a member of Victoria Police; or
(b) a person who is employed by or in a
public authority or acting on behalf of a
public authority;
serious misconduct, in relation to a member of
15 Victoria Police, means--
(a) conduct which constitutes an offence
punishable by imprisonment; or
(b) conduct which is likely to bring
Victoria Police into disrepute or
20 diminish public confidence in it; or
(c) disgraceful or improper conduct
(whether in the member's official
capacity or otherwise);
Special Investigations Monitor means the Special
25 Investigations Monitor appointed under
section 5 of the Major Crime (Special
Investigations Monitor) Act 2004;
Victoria Police means the force within the
meaning of the Police Regulation Act 1958;
30 witness summons means a summons issued under
section 53.
561267B.I-13/3/2008 7 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 1--Preliminary
s. 4
4 Act binds the Crown
(1) This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
5 (2) Nothing in this Act makes the Crown in any of its
capacities liable to be prosecuted for an offence.
__________________
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Police Integrity Bill 2008
Part 2--Office of Police Integrity
s. 5
PART 2--OFFICE OF POLICE INTEGRITY
Division 1--Office of Police Integrity
5 Office of Police Integrity
(1) There continues to be an Office of Police
5 Integrity.
(2) The Office is the same body as that established by
section 102A of the Police Regulation Act 1958.
6 Functions and powers
(1) The Office of Police Integrity has the functions
10 conferred on it by this Act or any other Act.
(2) Without limiting the functions of the Office, those
functions include--
(a) analysing and using intelligence collected by
the Director and members of staff of the
15 Office in support of investigations into
police corruption and serious misconduct;
(b) analysing systems used within Victoria
Police to prevent police corruption and
serious misconduct;
20 (c) providing information and advice to, and
consulting with, Victoria Police to increase
the capacity of Victoria Police to prevent
police corruption and serious misconduct;
(d) publicly exposing police corruption and
25 serious misconduct;
(e) providing information to the general
community about the performance of the
functions of the Office and of the Director.
(3) The Office has power to do all things that are
30 necessary or convenient to be done for or in
connection with the performance of its functions.
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Police Integrity Bill 2008
Part 2--Office of Police Integrity
s. 7
Division 2--Director, Police Integrity
7 Director, Police Integrity
The Office of Police Integrity is to have a
Director, called the Director, Police Integrity.
5 8 Objects, functions and powers of Director
(1) The objects of the Director are--
(a) to ensure that the highest ethical and
professional standards are maintained in
Victoria Police; and
10 (b) to ensure that police corruption and serious
misconduct are detected, investigated and
prevented; and
(c) to educate Victoria Police and the general
community regarding police corruption and
15 serious misconduct, including the effect of
police corruption and serious misconduct;
and
(d) to ensure that members of Victoria Police
have regard to the human rights set out in the
20 Charter of Human Rights and
Responsibilities.
(2) The Director has the functions conferred on the
Director by this Act or any other Act.
(3) The Director has power to do all things that are
25 necessary or convenient to be done for or in
connection with the performance of his or her
functions.
9 Independence of Director
(1) The Director is an independent officer of the
30 Parliament.
(2) The functions, powers, rights, immunities and
obligations of the Director are as specified in this
Act and other laws of the State.
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Part 2--Office of Police Integrity
s. 10
(3) There are no implied functions, powers, rights,
immunities or obligations arising from the
Director being an independent officer of the
Parliament.
5 (4) The powers of the Parliament to act in relation to
the Director are as specified in this Act.
(5) There are no implied powers of the Parliament
arising from the Director being an independent
officer of the Parliament.
10 (6) Subject to this Act and other laws of the State, the
Director has complete discretion in the
performance or exercise of his or her functions or
powers.
(7) In particular, and without limiting subsection (6),
15 the Director is not subject to the direction or
control of the Minister in respect of the
performance or exercise of the Director's
functions or powers.
10 Appointment of Director
20 (1) The Governor in Council may appoint an eligible
person as Director.
(2) A person is an eligible person if the Governor in
Council is satisfied that he or she--
(a) has been, or is qualified for appointment as,
25 a judge of--
(i) the High Court; or
(ii) the Federal Court; or
(iii) the Supreme Court of a State or
Territory; or
30 (iv) the County Court or a court of another
State or Territory of equivalent status to
the County Court; and
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Police Integrity Bill 2008
Part 2--Office of Police Integrity
s. 11
(b) has the ability to carry out the functions and
powers of the Director; and
(c) is not a member of the Parliament of Victoria
or of the Commonwealth or of another State
5 or a Territory of the Commonwealth; and
(d) is not, and has not been, a member of
Victoria Police; and
(e) is not, and has not been in the period of
5 years immediately preceding the proposed
10 date of appointment, a member of the police
force of the Commonwealth or of another
State or Territory of the Commonwealth.
(3) The Director must not, without the written
approval of the Governor in Council--
15 (a) apply for, or hold, a licence or permit to
conduct any trade, business or profession; or
(b) conduct any trade, business or profession; or
(c) accept any other employment.
(4) The Public Administration Act 2004 does not
20 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 Administration Act 2004 provides
25 that the Director has the powers of a public service body
Head under that Act in relation to employees in the Office of
Police Integrity.
11 Remuneration and allowances
(1) The Director is entitled to be paid the
30 remuneration and allowances that are determined
by the Governor in Council.
(2) The remuneration of the Director cannot be
reduced during his or her term of office unless he
or she consents to the reduction.
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Police Integrity Bill 2008
Part 2--Office of Police Integrity
s. 12
12 Terms and conditions
(1) Subject to sections 13 and 14, the Director--
(a) holds office for the period, not exceeding
5 years, specified in his or her instrument of
5 appointment; and
(b) is eligible for reappointment; and
(c) holds office on the terms and conditions
specified in his or her instrument of
appointment.
10 (2) If a person who has been a judge of the Supreme
Court or County Court is appointed as Director,
the appointment does not affect any pension or
other rights or privileges the person has as a
former judge.
15 13 Vacancy and resignation
The Director 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;
20 or
(c) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
be an indictable offence; or
(d) nominates for election for the Parliament of
25 Victoria or of the Commonwealth or of any
other State or any Territory of the
Commonwealth; or
(e) is removed from office under section 14.
14 Suspension and removal from office
30 (1) The Governor in Council may suspend the
Director from office on any of the following
grounds--
561267B.I-13/3/2008 13 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 2--Office of Police Integrity
s. 15
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of office;
(d) any other ground on which the Governor in
5 Council is satisfied that the Director is unfit
to hold office.
(2) The Minister must cause a full statement of the
grounds of suspension to be presented to each
House of Parliament within 7 sitting days of that
10 House after the suspension.
(3) The Director 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 presented to it, declares by resolution
15 that the Director ought to be removed from office.
(4) The Governor in Council must remove the
suspension and restore the Director to office
unless each House makes a declaration of the kind
specified in subsection (3) within the time
20 specified in that subsection.
15 Acting appointment
(1) The Governor in Council may appoint a person to
act in the office of Director--
(a) during a vacancy in that office; or
25 (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 subsection (1) is for the
30 period, not exceeding 6 months, that is specified
in the instrument of appointment.
(3) A person appointed under subsection (1) is
eligible for reappointment.
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Part 2--Office of Police Integrity
s. 16
(4) The Governor in Council may at any time remove
the acting Director from office.
(5) While a person is acting in the office of Director,
the person--
5 (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 Director would have
been entitled to for performing those duties.
10 16 Oath or affirmation by Director and Acting
Director
(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
15 she--
(a) will faithfully and impartially perform the
duties of office of Director; and
(b) will not disclose, except as authorised by
law, any information received in the
20 performance of those duties.
(2) The oath or affirmation is to be administered by
the Speaker of the Legislative Assembly.
Division 3--Staffing and other matters
17 Staffing
25 (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
Administration Act 2004;
30 (b) engage persons or bodies to provide services;
(c) take members of Victoria Police on
secondment in accordance with section 19;
561267B.I-13/3/2008 15 BILL LA INTRODUCTION 13/3/2008
Police Integrity Bill 2008
Part 2--Office of Police Integrity
s. 18
(d) take persons on secondment from other
bodies.
(2) The Public Administration Act 2004 does not
apply to--
5 (a) a member of Victoria Police who is seconded
to the Office of Police Integrity in respect of
the secondment; or
(b) a person or body engaged under
subsection (1)(b).
10 (3) The Director may terminate a secondment
(including a secondment of a member of Victoria
Police) at will.
18 Oath or affirmation by staff and contractors
(1) Before a member of staff of the Office of Police
15 Integrity performs any duties as a member of staff,
he or she must take an oath or make an
affirmation that he or she--
(a) will faithfully and impartially perform his or
her duties; and
20 (b) will not disclose, except as authorised by
law, any information received in the
performance of those duties.
(2) The Director may require a person engaged under
section 17(1)(b), or a member of a body engaged
25 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
30 her duties; and
(b) will not disclose, except as authorised by
law, any information received in the
performance of those duties.
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Part 2--Office of Police Integrity
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(3) An oath or affirmation under this section is to be
administered by the Director.
19 Secondment of police
(1) The Director may request the Chief Commissioner
5 to make members of Victoria Police available for
secondment to the Office of Police Integrity to
assist the Director in the performance of the
functions of the Office or the Director under this
or any other Act.
10 (2) The Chief Commissioner must make available for
secondment to the Office of Police Integrity as
many members of Victoria Police as the Chief
Commissioner thinks necessary.
(3) The Director may decline to take on secondment a
15 member made available by the Chief
Commissioner under subsection (2) and may
require the Chief Commissioner to make another
member available for secondment.
(4) If the Director reasonably suspects that a member
20 of Victoria Police who is seconded to the Office
of Police Integrity has committed a breach of
discipline while seconded, the Director may refer
the matter to the Chief Commissioner to
determine whether action should be taken under
25 Part IV of the Police Regulation Act 1958 in
respect of the member.
20 Effect of secondment
(1) During any period of secondment of a member of
Victoria Police to the Office of Police Integrity--
30 (a) the member is subject to the sole direction
and control of the Director; and
(b) the member's remuneration is to be paid by
the Director; and
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Part 2--Office of Police Integrity
s. 20
(c) subject to this section, the member retains--
(i) all his or her powers and duties as a
member of Victoria Police, including
all the powers and duties of a constable
5 at common law; and
(ii) his or her immunity under section 123
of the Police Regulation Act 1958 in
respect of the exercise of those powers
or performance of those duties; and
10 (d) the member does not commit a breach of
discipline by failing to comply with a
standing order or instruction of the Chief
Commissioner; and
(e) neither the Chief Commissioner nor any
15 other member of Victoria Police has
authority to give the member an instruction
in respect of the member's performance of
his or her functions or duties.
(2) Despite subsection (1)(a) or (e), a member of
20 Victoria Police who is seconded to the Office of
Police Integrity may, if authorised by the Director
to do so, give an instruction to another member of
Victoria Police who is also seconded to the Office
of Police Integrity.
25 (3) The Chief Commissioner cannot require a
member of Victoria Police who is or has been
seconded to the Office of Police Integrity to
disclose any information that relates to the
performance of the member's functions or duties
30 during the secondment, other than, with the
consent of the Director, for the purposes of an
investigation or inquiry under Part IV of the
Police Regulation Act 1958 in relation to a
breach of discipline by the member or by another
35 member of Victoria Police.
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Part 2--Office of Police Integrity
s. 21
(4) A member's rank is not affected by a secondment
to the Office of Police Integrity and any period of
secondment is to be taken to be a period of service
with Victoria Police.
5 21 Delegation by Director
(1) The Director, by instrument, may delegate to a
relevant person any power of the Director under
this or any other Act, other than--
(a) a coercive power; or
10 (b) a power under section 24 (disclosure of
information to law enforcement agencies and
corresponding authorities); or
(c) this power of delegation.
(2) The Director, by instrument, may delegate to a
15 senior relevant person--
(a) a coercive power; or
(b) a power under section 24 (disclosure of
information to law enforcement agencies and
corresponding authorities)--
20 if the Director is of the opinion that the person has
the ability to exercise satisfactorily the powers
that are the subject of the delegation.
(3) In this section--
relevant person means--
25 (a) a member of staff of the Office of
Police Integrity; or
(b) a person who has taken an oath or made
an affirmation under section 18(2);
561267B.I-13/3/2008 19 BILL LA INTRODUCTION 13/3/2008
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Part 2--Office of Police Integrity
s. 22
senior relevant person means a relevant person
who--
(a) has been, or is qualified for
appointment as, a judge of--
5 (i) the High Court; or
(ii) the Federal Court; or
(iii) the Supreme Court of a State or
Territory; or
(iv) the County Court or a court of
10 another State or Territory of
equivalent status to the County
Court; and
(b) is not a member of the Parliament of
Victoria or of the Commonwealth or of
15 another State or a Territory of the
Commonwealth; and
(c) is not, and has not been, a member of
Victoria Police; and
(d) is not, and has not been in the period of
20 5 years immediately preceding the
proposed date of appointment, a
member of the police force of the
Commonwealth or of another State or
Territory of the Commonwealth.
25 Division 4--Confidentiality and reporting
22 Disclosure by Office of Police Integrity personnel
(1) A member of OPI personnel who obtains or
receives information in the course or as a result of
the performance of the functions of the Director
30 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
561267B.I-13/3/2008 20 BILL LA INTRODUCTION 13/3/2008
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Part 2--Office of Police Integrity
s. 23
(b) for the purpose of the taking of any action
requested by the Director in a report made
under section 50; or
(c) as authorised by section 24, 25, 26 or 27; or
5 (d) for the purposes of any proceedings for--
(i) perjury or giving false information; or
(ii) a breach of discipline (including failure
to comply with a direction under
section 47); or
10 (iii) an offence against this Act; or
(e) as otherwise authorised by law.
Penalty: 120 penalty units or imprisonment for
12 months or both.
(2) Proceedings for an offence against subsection (1)
15 may be instituted only--
(a) by the Director; or
(b) by or with the consent of the Director of
Public Prosecutions.
23 Disclosure by others
20 (1) A person must not disclose a restricted matter
except as permitted by this section.
Penalty: 120 penalty units or imprisonment for
12 months or both.
(2) Unless the Director orders otherwise, a restricted
25 matter may be disclosed if that matter has already
been disclosed as part of an examination that was
open to the public.
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Part 2--Office of Police Integrity
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(3) A restricted matter may be disclosed--
(a) in accordance with a direction of the
Director; or
(b) to a legal practitioner for the purpose of
5 obtaining legal advice or representation
relating to a notice, witness summons or
matter; or
(c) to a person for the purpose of obtaining legal
aid relating to a notice, witness summons or
10 matter; or
(d) to an officer or agent of a body corporate by
the body corporate or another officer or
agent of the body corporate for the purpose
of ensuring compliance with a notice or
15 witness summons; or
(e) to the Ombudsman for the purpose of, or in
connection with, a complaint to the
Ombudsman; or
(f) by a legal practitioner for the purpose of
20 complying with a legal duty of disclosure
arising from his or her professional
relationship with a client; or
(g) by a legal practitioner referred to in
paragraph (b) for the purpose of giving legal
25 advice, making representations, or obtaining
legal aid, relating to the notice, witness
summons or matter; or
(h) by a person referred to in paragraph (c) for
the purpose of obtaining legal aid relating to
30 a notice, witness summons or matter; or
(i) if that disclosure is otherwise authorised or
required under this Act.
(4) This section does not apply to a member of OPI
personnel.
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Part 2--Office of Police Integrity
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(5) In this section--
restricted matter means--
(a) any evidence given before the Director;
(b) the contents of any statement of
5 information or document, or a
description of any thing, produced to
the Director;
(c) the contents of any document, or a
description of any thing, seized under
10 this Act;
(d) any information that might enable a
person who has been, or is about to be,
examined before the Director to be
identified or located;
15 (e) the fact that a person has been, or may
be about to be, examined before the
Director;
(f) the existence of a witness summons;
(g) the subject matter of an investigation in
20 relation to which a witness summons
has been issued.
24 Disclosure of information to law enforcement
agencies and corresponding authorities
(1) The Director may disclose to the Chief
25 Commissioner or another member of Victoria
Police 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--
30 (a) relevant to the performance of functions or
duties by the Chief Commissioner or other
member; or
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Part 2--Office of Police Integrity
s. 24
(b) arising out of a joint undertaking between the
Office of Police Integrity and Victoria
Police.
(2) The Director may disclose to a law enforcement
5 agency, a law enforcement officer or 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
10 relating to a matter--
(a) arising under an Act of the other jurisdiction;
or
(b) arising out of a joint undertaking between
Victoria and the other jurisdiction.
15 (3) In this section--
corresponding authority of another jurisdiction,
means--
(a) the Australian Crime Commission;
(b) the Australian Commission for Law
20 Enforcement Integrity;
(c) the Corruption and Crime Commission
of Western Australia;
(d) the Crime and Misconduct Commission
of Queensland;
25 (e) the Independent Commission Against
Corruption of New South Wales;
(f) the New South Wales Crime
Commission;
(g) the Police Integrity Commission of
30 New South Wales;
(h) any other person or body having the
function under the law of that other
jurisdiction of investigating the conduct
561267B.I-13/3/2008 24 BILL LA INTRODUCTION 13/3/2008
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Part 2--Office of Police Integrity
s. 25
of law enforcement agencies or law
enforcement officers of that other
jurisdiction;
jurisdiction means the Commonwealth or a State
5 or Territory of the Commonwealth;
law enforcement agency of another jurisdiction,
means--
(a) the police force or police service
(however described) of that
10 jurisdiction; or
(b) a body prescribed by the regulations as
a law enforcement agency of that
jurisdiction;
law enforcement officer of another jurisdiction,
15 means a member, officer, employee or
member of staff (however described) of a
law enforcement agency of that jurisdiction.
25 Disclosure of information to the Privacy
Commissioner
20 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
performance of the functions of the Director under
25 this Act, being information relevant to the
performance of functions or duties by the Privacy
Commissioner.
26 Disclosure of information to the Ombudsman
The Director may disclose to the Ombudsman any
30 information obtained or received in the course of
or as a result of the performance of the functions
of the Director under this Act, being information
relevant to the performance of functions or duties
by the Ombudsman.
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Part 2--Office of Police Integrity
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27 Disclosure of information to the Auditor-General
The Director may disclose to the Auditor-General
any information obtained or received in the course
of or as a result of the performance of the
5 functions of the Director under this Act, being
information relevant to the performance of
functions or duties by the Auditor-General.
28 Annual and other reports to Parliament
(1) The Director must make a report to Parliament on
10 the performance of his or her functions under this
Act during each financial year.
(2) The Director may at any time make a report to
Parliament on any matter arising in connection
with the performance of his or her functions under
15 this Act.
(3) The Director must not include in any report under
this section any information that discloses the
identity of a person to whom, or in respect of
whom, a direction has been given under
20 Division 5 of this Part or Division 4A of Part IV
of the Police Regulation Act 1958.
29 Transmission of reports to Parliament
(1) The Director must cause a report under section 28
to be transmitted to each House of Parliament--
25 (a) in the case of a report under section 28(1)--
as soon as practicable after the end of the
financial year to which it relates;
(b) in the case of a report under section 28(2)--
as soon as practicable after it is completed.
30 (2) The clerk of each House of Parliament must cause
the report to be presented to the House on the day
on which it is received or on the next sitting day
of the House.
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Part 2--Office of Police Integrity
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(3) If the Director proposes to transmit a report to
Parliament when Parliament is in recess, the
Director must--
(a) give one business day's notice of his or her
5 intention to do so to the clerk of each House
of Parliament; and
(b) give the report to the clerk of each House on
the day indicated in the notice; and
(c) publish the report on the Director's Internet
10 site as soon as practicable after giving it to
the clerks.
(4) The clerk of each House must--
(a) notify each member of the House of the
receipt of a notice under subsection (3)(a) on
15 the same day that the clerk receives that
notice; and
(b) give a copy of a report to each member of
the House as soon as practicable after the
report is received under subsection (3)(b);
20 and
(c) cause the report to be presented to the House
on the next sitting day of the House.
(5) A report that is given to the clerks under
subsection (3)(b) is taken to have been published
25 by order, or under the authority, of the Houses of
Parliament.
(6) The publication of a report by the Director under
subsection (3)(c) is absolutely privileged and the
provisions of sections 73 and 74 of the
30 Constitution Act 1975 and any other enactment
or rule of law relating to the publication of the
proceedings of Parliament apply to and in relation
to the publication of the report as if it were a
report to which those sections applied and had
561267B.I-13/3/2008 27 BILL LA INTRODUCTION 13/3/2008
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Part 2--Office of Police Integrity
s. 30
been published by the Government Printer under
the authority of Parliament.
(7) For the purposes of this section, Parliament is in
recess when each House stands adjourned to a
5 date to be fixed by the presiding officer of that
House.
Division 5--Testing of OPI personnel for alcohol or drugs of
dependence
30 Definitions
10 In this Division--
critical incident means an incident involving a
member of OPI personnel while that member
was on duty which--
(a) resulted in the death of, or serious
15 injury to, a person; and
(b) also involved any one or more of the
following--
(i) the discharge of a firearm by the
member;
20 (ii) the use of force by the member;
(iii) the use of a motor vehicle by the
member (including as a passenger)
in the course of the member's
duties;
25 (iv) the death of, or serious injury to,
the person while the person was in
the custody of the member;
drug of dependence has the same meaning as it
has in the Drugs, Poisons and Controlled
30 Substances Act 1981;
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Part 2--Office of Police Integrity
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registered medical practitioner has the same
meaning as it has in the Health Professions
Registration Act 2005;
serious injury includes an injury that--
5 (a) is life threatening; or
(b) is likely to result in permanent
impairment; or
(c) is likely to require long-term
rehabilitation; or
10 (d) is, in the opinion of the Director, of
such nature, or occurred in such
circumstances, that the infliction of it is
likely to bring the Office of Police
Integrity into disrepute or diminish
15 public confidence in it.
31 Testing of members of OPI personnel in certain
circumstances
(1) This section applies to a member of OPI personnel
if the Director reasonably believes that the
20 member--
(a) because of the consumption of alcohol or a
drug of dependence by the member, is
incapable of performing his or her duties, or
is inefficient in performing his or her duties;
25 or
(b) has been involved in a critical incident; or
(c) ought to be tested for alcohol or a drug of
dependence in order for the Director--
(i) to manage the member's performance
30 of his or her duties; or
(ii) to take disciplinary action against the
member.
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Part 2--Office of Police Integrity
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(2) The Director may, in accordance with the
regulations, direct a member of OPI personnel to
whom this section applies to do one or more of the
following--
5 (a) furnish a sample of breath; or
(b) furnish a sample of urine; or
(c) allow a registered medical practitioner to
take from the member a sample of the
member's blood--
10 for the purpose of testing for the presence of
alcohol or a drug of dependence.
(3) The Director--
(a) must not give a direction under
subsection (2) unless satisfied that the
15 results of the testing may be relevant to--
(i) the management of the member's
performance of his or her duties; or
(ii) any disciplinary action that may be
taken, or is being taken, against the
20 member; and
(b) may give a direction in the circumstances
referred to in subsection (1)(b) only if--
(i) in the case of a critical incident referred
to in paragraph (b)(iii) of the definition
25 of critical incident, the direction is
given within 3 hours after the critical
incident occurred; or
(ii) in the case of any other critical incident,
the direction is given within a
30 reasonable time after the critical
incident occurred.
(4) No action lies against a registered medical
practitioner in respect of anything properly and
necessarily done by the practitioner in the course
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Part 2--Office of Police Integrity
s. 32
of taking any sample which the practitioner
believes on reasonable grounds was required or
allowed to be taken from any member under this
Division.
5 (5) Nothing in this section affects the operation of
Part 5 of the Road Safety Act 1986.
32 Director may have regard to evidence in certain
circumstances
The Director may have regard to evidence derived
10 from a sample obtained in accordance with a
direction made under this Division in--
(a) managing the member's performance of his
or her duties; or
(b) taking any disciplinary action against the
15 member.
33 Taking of sample when member is unconscious or
otherwise unable to comply with direction
(1) If a member of OPI personnel whom the Director
reasonably believes was involved in a critical
20 incident is unconscious or is otherwise unable to
comply with a direction given to him or her, the
Director may direct a registered medical
practitioner to take from the member a sample of
the member's blood for analysis for the purpose of
25 testing for the presence of alcohol or a drug of
dependence.
(2) If a sample of a member's blood is taken in the
circumstances referred to in subsection (1), the
Director must, upon the member regaining
30 consciousness or otherwise becoming able to
comply with a direction given to him or her,
advise the member--
(a) of the taking of the sample; and
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Part 2--Office of Police Integrity
s. 34
(b) that he or she may refuse to consent to the
use of any evidence derived from the sample;
and
(c) if the member is a member of Victoria
5 Police--that a refusal to consent to the use of
the evidence constitutes a breach of
discipline; and
(d) if the member is not a member of Victoria
Police--that a refusal to consent to the use of
10 the evidence may constitute grounds for
disciplinary action against the member.
(3) Evidence derived from a sample obtained in
accordance with a direction under subsection (1)
must be destroyed if the member from whom the
15 sample was taken refuses to consent to the use of
the evidence in the circumstances set out in that
subsection.
(4) The Director must cause any sample taken under
subsection (1) and in respect of which consent is
20 refused under subsection (2) to be destroyed.
(5) Nothing in this section affects the operation of
Part 5 of the Road Safety Act 1986.
34 Admissibility of test result in certain proceedings
(1) Evidence derived from a sample obtained in
25 accordance with a direction made under section 31
or 33 is inadmissible in any proceeding in a court,
tribunal or before a person or body authorised to
hear and receive evidence.
(2) Subsection (1) does not apply--
30 (a) in a proceeding under the Accident
Compensation Act 1985 to rebut or support
an allegation that the presence of alcohol or a
drug of dependence contributed to the injury
in respect of which the proceeding was
35 commenced; or
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Part 2--Office of Police Integrity
s. 35
(b) in a prosecution under the Occupational
Health and Safety Act 2004 to rebut or
support an allegation that the presence of
alcohol or a drug of dependence contributed
5 to the occurrence of the act, matter or thing
constituting the offence in respect of which
the prosecution is brought; or
(c) in a proceeding arising out of, or connected
with, a critical incident.
10 (3) Subsection (2) does not apply to evidence derived
from a sample obtained in accordance with a
direction made under section 33 if the member
from whom the sample was taken refuses or has
refused to consent to the use of the evidence in the
15 circumstances set out in section 33(2).
(4) In this section, a proceeding includes a coronial
inquest or inquiry.
35 Confidentiality of test results
The Director must ensure that the result of any test
20 conducted in accordance with a direction given
under this section is handled in accordance with
the regulations.
36 Offence to disclose identifying information
(1) A person must not, other than as required or
25 authorised by this Act or the regulations, disclose
to any other person the identity of a person to
whom or in respect of whom a direction is given
under this Division.
Penalty: 60 penalty units.
30 (2) Subsection (1) does not apply to the disclosure of
information in a proceeding of a kind referred to
in section 34(2).
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37 Regulations
(1) The regulations may make provision for or with
respect to--
(a) the persons authorised--
5 (i) to administer breath tests or to conduct
breath analyses or other tests for the
purpose of detecting the presence of
alcohol or drugs of dependence; and
(ii) to operate equipment for that purpose;
10 (b) the circumstances in which a breath sample,
a urine sample or a blood sample may be
taken;
(c) the procedure for the taking of samples of
breath, urine or blood;
15 (d) the devices used in carrying out the breath
tests, breath analyses and other tests,
including the calibration, inspection and
testing of those devices;
(e) the accreditation of persons conducting
20 analyses for the presence of drugs of
dependence;
(f) the procedure for the handling and analysis
of samples of urine or blood;
(g) offences relating to interference with test
25 results or the testing procedure;
(h) the handling and confidentiality of test
results.
(2) Regulations for the purposes of this section may--
(a) require matters affected by the regulations to
30 be--
(i) in accordance with specified standards
or specified requirements; or
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Part 2--Office of Police Integrity
s. 37
(ii) approved by or to the satisfaction of
specified persons or bodies or specified
classes of persons or bodies; or
(iii) as specified in both subparagraphs (i)
5 and (ii);
(b) apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the regulations;
10 (ii) as in force at a particular time or as in
force from time to time;
(c) impose a penalty not exceeding 20 penalty
units for contraventions of the regulations.
__________________
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Part 3--Police Complaints and Investigations
s. 38
PART 3--POLICE COMPLAINTS AND INVESTIGATIONS
Division 1--Complaints
38 Application of Division
This Division applies to a complaint made to the
5 Director under section 86L of the Police
Regulation Act 1958.
39 Whistleblowers Protection Act 2001 applies to
certain complaints
(1) This Act and the Whistleblowers Protection Act
10 2001 apply to a complaint made by a member of
Victoria Police in accordance with section
86L(2A) of the Police Regulation Act 1958 to the
Director about the Chief Commissioner, as if the
complaint were a disclosure made to the Director
15 in accordance with Part 2 of the Whistleblowers
Protection Act 2001.
(2) This Act and the Whistleblowers Protection Act
2001 apply to a complaint made by a member of
Victoria Police in accordance with section
20 86L(2A) of the Police Regulation Act 1958 to the
Director about any other member of Victoria
Police, as if the complaint were a disclosure made
to the Director in accordance with Part 2 of the
Whistleblowers Protection Act 2001.
25 40 Dealing with complaints
(1) The Director may determine that a complaint does
not warrant investigation--
(a) if in the Director's opinion--
(i) the subject-matter of the complaint is
30 trivial; or
(ii) the complaint is frivolous or vexatious
or is not made in good faith; or
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Part 3--Police Complaints and Investigations
s. 40
(b) if the complainant had had knowledge for
more than a year of the conduct complained
of and fails to give a satisfactory explanation
for the delay in making the complaint.
5 (2) Subject to subsection (4), the Director must refer a
complaint warranting investigation to the Chief
Commissioner.
(3) If the Director refers a complaint to the Chief
Commissioner under subsection (2), the Chief
10 Commissioner must investigate the complaint
under Division 2 of Part IVA of the Police
Regulation Act 1958.
(4) The Director--
(a) must investigate a complaint if the conduct
15 complained of is conduct of the Chief
Commissioner or of a Deputy or Assistant
Commissioner; and
(b) may investigate a complaint if the conduct
complained of--
20 (i) is of such a nature that the Director
considers that investigation of the
complaint by the Director is in the
public interest; or
(ii) is in accordance with established
25 practices or procedures of Victoria
Police and the Director considers that
those practices or procedures should be
reviewed.
(5) In a case to which subsection (4) applies, if the
30 complaint was not first made to a member of
Victoria Police, the Director may give the Chief
Commissioner details of the complaint.
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s. 41
(6) The Director may attempt to resolve a complaint
by conciliation and must--
(a) before commencing to conciliate, notify the
Chief Commissioner of the proposed
5 attempt; and
(b) notify the Chief Commissioner of the results
of the attempt.
41 Advice to complainant
(1) The Director must advise a complainant in writing
10 of the results of the investigation of the complaint
and of any further investigation under section 48
and of the action taken or proposed to be taken.
(2) Subsection (1) does not apply if the Director is of
the opinion that it would be contrary to the public
15 interest to advise the complainant of the results of
the investigation or of the action taken or
proposed to be taken.
42 Jurisdiction
(1) If the question arises of whether or not the
20 Director has jurisdiction to investigate a
complaint, the Director, the Chief Commissioner
or any member of Victoria Police who is the
subject of the complaint may apply to the
Supreme Court for a determination of that
25 question.
(2) The Supreme Court may make any order it
considers proper on an application under
subsection (1).
Division 2--Investigations
30 43 Application of Division
This Division applies to--
(a) an investigation by the Director of a
complaint referred to in section 38; or
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(b) an investigation initiated by the Director
under section 44.
Note
The general investigatory powers in Part 4 also apply to
5 these investigations--see section 52.
44 Own motion investigations
(1) The Director may conduct an investigation on his
or her own motion in respect of any matter that is
relevant to the achievement of his or her objects,
10 including but not limited to--
(a) an investigation into the conduct of a
member of Victoria Police; or
(b) an investigation into police corruption or
serious misconduct generally; or
15 (c) an investigation into any of the policies,
practices or procedures of Victoria Police or
of a member of Victoria Police, or the failure
of those policies, practices or procedures.
(2) For the purposes of subsection (1), the Director
20 may conduct an investigation--
(a) whether or not any particular member of
Victoria Police or other person has been
implicated;
(b) whether or not any serious misconduct or
25 other misconduct is suspected;
(c) whether or not any person under
investigation who was a member of Victoria
Police at any relevant time is still a member
of Victoria Police at the time of the
30 investigation.
(3) The Director may give written notice of an
investigation on his or her own motion to the
Minister and the Chief Commissioner.
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45 Consultation with Chief Commissioner
If, at any time during the course of an
investigation, it appears to the Director that there
may be grounds for making a report adverse to
5 Victoria Police, the Director may, before making
the report, give the Chief Commissioner the
opportunity to comment on the subject-matter of
the investigation.
46 Investigation when other proceedings on foot
10 (1) The Director may commence or continue to
conduct an investigation despite the fact that any
proceedings are on foot, or are instituted, in any
court or tribunal that relate to or are otherwise
connected with the subject-matter of the
15 investigation.
(2) If the Director is or becomes aware that
proceedings referred to in subsection (1) are on
foot or have been instituted, the Director must
take all reasonable steps to ensure that the conduct
20 of the investigation does not prejudice those
proceedings.
47 Power to require police to give information and
documents and answer questions
(1) For the purposes of an investigation into a
25 complaint concerning a possible breach of
discipline, the Director may direct any member of
Victoria Police to give the Director any relevant
information, produce any relevant document or
answer any relevant question.
30 Note
Failure to comply with a direction is a breach of
discipline--see section 69(1)(ac) of the Police Regulation
Act 1958.
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(2) Any information, document or answer given in
accordance with a direction is not admissible in
evidence before any court or person acting
judicially, except in proceedings for--
5 (a) perjury or giving false information; or
(b) a breach of discipline by a member of
Victoria Police; or
(c) an offence under section 113(2) concerning
failure to comply with the direction; or
10 (d) review proceedings under Division 1 of
Part IV of the Police Regulation Act 1958.
48 Further investigations
(1) After receiving the report on an investigation
completed by the Chief Commissioner under
15 Part IVA of the Police Regulation Act 1958, the
Director may--
(a) request the Chief Commissioner to conduct a
further investigation into the complaint; or
(b) conduct such an investigation himself or
20 herself under this Part.
(2) The Chief Commissioner must--
(a) in accordance with section 86O of the Police
Regulation Act 1958, conduct the further
investigation as requested; or
25 (b) report in writing to the Director as to why
such an investigation is not considered
necessary.
(3) After receiving the report on an investigation or
further investigation completed by the Chief
30 Commissioner, the Director may--
(a) in writing request the Chief Commissioner to
take any action the Director considers
appropriate in addition to any action taken or
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proposed to be taken by the Chief
Commissioner or in substitution for any
action proposed to be taken by the Chief
Commissioner;
5 (b) refer to the Director of Public Prosecutions
any matter that is relevant to the performance
of functions or duties by the Director of
Public Prosecutions.
(4) If the Director refers a matter to the Director of
10 Public Prosecutions under subsection (3)(b)--
(a) the Director must notify the Chief
Commissioner in writing--
(i) of the referral; and
(ii) of the advice received from the Director
15 of Public Prosecutions in respect of the
referral; and
(b) the Chief Commissioner must not take
any disciplinary action, or further
disciplinary action, against a member of
20 Victoria Police who is the subject of the
referral until the Chief Commissioner has
received the Director's notification under
paragraph (a)(ii).
49 Chief Commissioner to respond to Director
25 If, under this Part, the Director requests the Chief
Commissioner to take any action, or to conduct a
further investigation, the Chief Commissioner
must give a written response to the Director
stating--
30 (a) whether or not the Chief Commissioner
proposes to take the action or conduct the
further investigation; and
(b) if the Chief Commissioner does not propose
to take the action or conduct the further
35 investigation, the reasons for that decision.
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50 Report on investigation
(1) After completing an investigation, the Director--
(a) may make a written report on the results of
the investigation to any one or more of--
5 (i) the Chief Commissioner;
(ii) the Minister;
(iii) the Premier; and
(b) in the report, may request the taking of any
action that the Director considers should be
10 taken.
(2) The Director must not include in any report under
subsection (1)(a)(ii) or (iii) any information that
discloses the identity of a person to whom, or in
respect of whom, a direction has been given under
15 Division 4A of Part IV of the Police Regulation
Act 1958.
51 Exemption from Freedom of Information Act 1982
(1) The Freedom of Information Act 1982 does not
apply to a document that is in the possession of a
20 relevant person or body to the extent to which the
document discloses information that relates to--
(a) a complaint investigated by the Director
under this Part; or
(b) an investigation under this Part (whether in
25 relation to a complaint or otherwise); or
(c) a report on that investigation, including a
report on the progress of the investigation.
(2) In this section--
document has the same meaning as in the
30 Freedom of Information Act 1982;
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relevant person or body means--
(a) the Special Investigations Monitor;
(b) an employee in the office of the Special
Investigations Monitor;
5 (c) the Director;
(d) the Acting Director;
(e) a member of staff of the Office of
Police Integrity;
(f) a person engaged under
10 section 17(1)(b), or an officer or
employee of such a person;
(g) a body engaged under section 17(1)(b),
or a member, officer or employee of
such a body.
__________________
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PART 4--GENERAL INVESTIGATORY POWERS
Division 1--Preliminary
52 Application of Part
This Part applies for the purposes of an
5 investigation by the Director under Part 3.
Division 2--Witness summonses
53 Witness summons
(1) The Director may issue the following witness
summonses--
10 (a) a summons to attend an examination before
the Director to give evidence;
(b) a summons to attend at a specified time and
place to produce specified documents or
other things to the Director;
15 (c) a summons to attend an examination before
the Director to give evidence and produce
specified documents or other things.
(2) The Director may issue a summons directed to a
person, other than a person referred to in
20 subsection (3), if the Director is satisfied that it is
reasonable in the circumstances to do so, after
consideration of--
(a) the evidentiary or intelligence value of the
information sought to be obtained from the
25 person; and
(b) the age of the person, and any mental
impairment to which the person is known to
be subject.
(3) The Director must not issue a summons directed
30 to a person known to be under the age of 16 years.
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54 Content and form of witness summons
(1) A witness summons must require the person to
whom it is directed to attend at a specified place
on a specified date and at a specified time and
5 from day to day unless excused or released from
further attendance--
(a) to give evidence before the Director; or
(b) to produce for examination by the Director
any documents or other things described in
10 the summons that are in the person's
possession or control; or
(c) both to give evidence and produce for
examination any documents or other things
described in the summons that are in the
15 person's possession or control.
(2) A summons must state the general nature of the
matters about which the person to whom it is
directed is to be questioned, except to the extent to
which the Director considers that statement would
20 prejudice the conduct of the investigation to which
the summons relates.
(3) A summons--
(a) must be in the prescribed form (if any); and
(b) must include a statement that if the person
25 summoned is under the age of 16 years at the
date of issue of the summons, the person
need not comply with the summons.
55 Witness summons directed to person under 16
(1) A witness summons directed to a person under the
30 age of 16 years at the date of issue of the
summons has no effect.
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(2) A person who claims to be under the age of
16 years at the date of issue of a summons
directed to the person must give notice in writing
and proof of age to the Director.
5 56 Service of witness summons
(1) A witness summons directed to a natural person
must be served by delivering a copy of the
summons to the person personally.
(2) A witness summons directed to a body corporate
10 must be served by sending a copy of the summons
by registered post to the head office, a registered
office, a principal office or a principal place of
business of the body corporate or to a postal
address of the body corporate.
15 (3) A summons, other than a summons referred to in
subsection (4), must be served a reasonable time
before the date on which the person is required to
attend.
(4) The Director may issue a summons that requires
20 the immediate attendance before the Director of
the person to whom it is directed if the Director
reasonably believes that a delay in the person's
attendance is likely to result in--
(a) evidence being lost or destroyed; or
25 (b) the commission of an offence; or
(c) the escape of an offender; or
(d) serious prejudice to the conduct of the
investigation to which the summons relates.
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57 Witness already held in custody
(1) This section applies if--
(a) a witness summons is issued for the purposes
of an investigation; and
5 (b) the summons is directed to a person who is
held in a prison or police gaol.
(2) The Director may give a written direction that the
person be delivered into the custody of a member
of Victoria Police for the purpose of bringing the
10 person before the Director to provide information,
produce a document or thing or give evidence as
required by the summons.
(3) A direction under subsection (2)--
(a) must be in the prescribed form (if any); and
15 (b) must include a statement that if the person
who is the subject of the direction is under
the age of 16 years at the date the direction is
given, the direction is of no effect and the
person is not required to attend the Director;
20 and
(c) if the person is aged 16 years or over, has
effect as a suspension of a direction in a
warrant of commitment to deliver the person
to the place of detention specified in the
25 warrant or to hold the person in that place
(as the case may be).
(4) The person is to be detained in police custody
until he or she is excused by the Director from
attendance.
30 (5) When the person is excused from attendance by
the Director, the member of Victoria Police must
deliver the person who is the subject of the
direction to the place of detention at which the
person was held or detained at the time the
35 direction was given.
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58 Confidentiality of witness summons
(1) Subject to subsections (2) and (3), the Director
may issue a written notice (a confidentiality
notice) directed to a person to whom a witness
5 summons is directed, stating--
(a) that the summons is a confidential document;
and
(b) that it is an offence to disclose to anyone
else, except in the circumstances, if any,
10 specified in the notice, the existence of the
document or the subject-matter of the
investigation in relation to which the
summons was issued, unless the person has a
reasonable excuse.
15 (2) The Director must issue a confidentiality notice if
satisfied that failure to do so would reasonably be
expected to prejudice--
(a) the safety or reputation of a person; or
(b) the fair trial of a person who has been or may
20 be charged with an offence; or
(c) the effectiveness of the investigation in
relation to which the summons was issued.
(3) The Director may issue a confidentiality notice if
satisfied that failure to do so--
25 (a) might prejudice--
(i) the safety or reputation of a person; or
(ii) the fair trial of a person who has been
or may be charged with an offence; or
(iii) the effectiveness of the investigation in
30 relation to which the summons was
issued; or
(b) might otherwise be contrary to the public
interest.
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(4) A confidentiality notice directed to a natural
person must be served by delivering a copy of the
notice to the person personally.
(5) A confidentiality notice directed to a body
5 corporate must be served by sending a copy of the
notice by registered post to the head office, a
registered office, a principal office or a principal
place of business of the body corporate or to a
postal address of the body corporate.
10 (6) If the Director has issued a confidentiality notice
directed to a person and the Director is satisfied
that the circumstances referred to in subsection (2)
or (3) that led to the issuing of the notice no
longer apply, the Director must give written notice
15 of that fact to the person to whom the
confidentiality notice was directed.
(7) Notice under subsection (6) may be given to a
person by sending it by registered post to the
person's address last known to the Director.
20 59 Person must comply with confidentiality notice
(1) While a confidentiality notice has effect, the
person to whom it is directed must not, without
reasonable excuse, disclose to anyone else, except
in the circumstances, if any, specified in the
25 notice--
(a) the existence of the witness summons; or
(b) the subject-matter of the investigation in
relation to which the witness summons was
issued.
30 Penalty: 120 penalty units or imprisonment for
12 months or both.
(2) It is a reasonable excuse for a person to disclose
the existence of the witness summons or the
subject-matter of the investigation in relation to
35 which it was issued if--
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(a) the disclosure is made for the purposes of--
(i) seeking legal advice or legal aid in
relation to the summons or an offence
against subsection (1); or
5 (ii) obtaining information in order to
comply with the summons; or
(iii) complying with, or disclosing
information as permitted by, this Act,
the Police Regulation Act 1958 or the
10 Whistleblowers Protection Act 2001;
and
(b) the person informs the person to whom the
disclosure is made that it is an offence to
disclose to anyone else the existence of the
15 summons or the subject-matter of the
investigation in relation to which it was
issued unless the person has a reasonable
excuse.
(3) It is a reasonable excuse for a person to disclose
20 the existence of the witness summons or the
subject-matter of the investigation in relation to
which it was issued if the disclosure is made to the
Ombudsman for the purposes of, or in connection
with, a complaint to the Ombudsman.
25 60 When does confidentiality notice cease to have
effect?
(1) A confidentiality notice ceases to have effect on
the earliest to occur of the following--
(a) a period of 5 years (or that period as
30 extended under subsection (2)) elapses after
the notice is given; or
(b) notice is given under section 58(6); or
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(c) the investigation to which the witness
summons relates has been concluded and a
decision is made not to commence any
criminal proceedings in which evidence
5 obtained in the investigation would be
relevant.
(2) A court, on the application of the Director, may
extend the 5-year period referred to in
subsection (1)(a), if the court is satisfied that an
10 extension is necessary to protect--
(a) an investigation that is continuing (whether
or not the investigation is, or is related to, the
investigation in relation to which the witness
summons was issued); or
15 (b) any proceedings that have been commenced
but not finally determined.
(3) If a confidentiality notice ceases to have effect
under subsection (1)(c), the Director must give
notice in writing of that fact to each person to
20 whom the confidentiality notice was directed.
(4) Notice under subsection (3) may be given to a
person by sending it by registered post to the
person's address last known to the Director.
Division 3--Examinations
25 61 Director may conduct examinations
(1) The Director may conduct an examination for the
purposes of an investigation.
(2) The Director is not bound by the rules of evidence
in conducting an examination and, subject to this
30 Division, may regulate the conduct of the
examination as he or she thinks fit.
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62 Preliminary requirements
(1) Before any question is asked of a witness at an
examination, or a witness produces a document or
other thing to the Director, the Director must--
5 (a) confirm the age of the witness, if the
Director suspects that the witness may be
under the age of 18 years; and
(b) if the witness is under the age of 16 years,
release the witness from all compliance with
10 the witness summons; and
(c) inform the witness of the general scope and
purpose of the investigation to which the
examination relates; and
(d) inform the witness that the privilege against
15 self-incrimination does not apply but that
there are restrictions on the use that can be
made of evidence obtained in the course of
the examination or from production of
documents or other things in accordance
20 with the witness summons and specify those
restrictions; and
(e) subject to paragraph (f), inform the witness
that legal professional privilege applies but
that, subject to that privilege, it is an offence
25 not to answer questions or produce
documents or other things when required or
give false or misleading evidence and state
the penalties for those offences; and
(f) if the witness is a public officer or giving
30 evidence or producing a document or other
thing on behalf of a public authority--
(i) inform the witness that legal
professional privilege does not apply
(except to the extent provided in
35 section 70(4)) and that it is an offence
not to answer questions or produce
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documents or other things when
required or give false or misleading
evidence and state the penalties for
those offences; and
5 (ii) inform the witness of the provisions of
section 74; and
(g) inform the witness of any confidentiality
requirements applying to evidence or the fact
of the issue of the witness summons; and
10 (h) where applicable, inform the witness of his
or her right to legal representation, to an
interpreter or to have his or her parent or
guardian or an independent person present
with whom he or she may communicate
15 before giving any evidence; and
(i) inform the witness of his or her right of
complaint to the Special Investigations
Monitor and that the exercise of this right
will not breach any confidentiality
20 requirements referred to in paragraph (g).
(2) Subsection (1)(c) does not apply if the Director is
of the opinion that in the circumstances it would
be undesirable to inform the witness of the general
scope and purpose of the investigation because to
25 do so might prejudice the effectiveness of the
investigation or otherwise be contrary to the
public interest.
(3) For the avoidance of doubt, the Director is not
required to give reasons for forming the opinion
30 referred to in subsection (2).
(4) The Director is not required to inform the witness
of the matters referred to in subsection (1)(d), (e),
(f), (g), (h) and (i) if--
(a) prior to the examination, the Director has
35 given the witness a document that informs
the witness of those matters; and
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(b) the witness is represented at the examination
by a legal practitioner; and
(c) before any question is asked of the witness,
or the witness produces a document or other
5 thing, the witness informs the Director that
the legal practitioner explained the document
referred to in paragraph (a) to the witness.
63 Witness under 16
If, at any time during an examination, the Director
10 becomes aware that a witness is under the age of
16 years, the Director must immediately release
the person from all compliance with the witness
summons.
64 Representation of witness
15 (1) A witness giving evidence, providing information
or producing a document or thing at an
examination may be represented by a legal
practitioner.
(2) If a witness does not have knowledge of the
20 English language that is sufficient to enable the
witness to understand questions asked of him or
her, the Director must, before the examination
commences, arrange for the presence of a
competent interpreter and defer the examination
25 until the interpreter is present.
(3) If a witness is under the age of 18 years, the
Director must direct--
(a) that a parent or guardian of the witness or an
independent person is to be present during
30 the examination, if the witness so wishes;
and
(b) that the witness may confer with the parent,
guardian or independent person before
giving any evidence, providing any
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information or producing any document or
thing.
(4) If a witness is believed by the Director to have a
mental impairment, the Director must direct--
5 (a) that an independent person is to be present
during the examination, if the witness so
wishes; and
(b) that the witness may confer with the
independent person before giving any
10 evidence, providing any information or
producing any document or thing.
(5) If the Director considers that there are special
circumstances, the Director may allow a person
(other than the witness) to be represented by a
15 legal practitioner while a witness is being
examined.
(6) The Director may refuse to allow a witness to be
represented by a person who is, or is
representing--
20 (a) another witness in the examination; or
(b) a witness in another examination (whether or
not in relation to the same investigation); or
(c) a person who is involved or suspected of
being involved in a matter being investigated
25 (whether as part of the investigation to which
the examination relates or any other
investigation).
(7) The Director may refuse to allow a witness to be
represented by a specified person or law practice
30 in the interests of the investigation to which the
examination relates.
(8) The Director must inform a person who is
representing a witness of the requirements of
section 23.
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65 Private and public examinations
(1) An examination is not open to the public except as
provided by this section.
(2) The Director may open an examination to the
5 public if, having weighed the benefits of public
exposure and public awareness against the
potential for prejudice or privacy infringements,
the Director considers that it is in the public
interest to do so.
10 (3) The Director may give directions as to the persons
who may be present during an examination or part
of an examination.
(4) Nothing in a direction given by the Director under
subsection (3) prevents the presence, when
15 evidence is being taken at an examination, of--
(a) a legal practitioner representing the witness
giving evidence; or
(b) a member of staff of the Office of Police
Integrity.
20 (5) If an examination is not open to the public, a
person must not be present at the examination
unless he or she is--
(a) entitled to be present by reason of a direction
given by the Director under subsection (3) or
25 section 64; or
(b) a legal practitioner, or other person,
appointed by the Director to assist the
Director in the examination; or
(c) authorised to be present by subsection (4) or
30 section 64.
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66 Taking of evidence
(1) At an examination--
(a) the Director; or
(b) a legal practitioner representing the witness;
5 or
(c) any person authorised by the Director to do
so--
may, so far as the Director thinks appropriate,
examine or cross-examine any witness on any
10 matter that the Director considers relevant to the
investigation to which the examination relates.
(2) The Director may take evidence on oath or
affirmation and, for that purpose, may--
(a) require a person appearing at the
15 examination to give evidence either to take
an oath or make an affirmation; and
(b) administer an oath or affirmation to a person
so appearing at the examination.
(3) The Director may take a statutory declaration
20 from any witness or other person.
(4) Subject to Division 4, a person cannot be
compelled to give any evidence or produce any
document or thing in an examination or in
accordance with a witness summons that he or she
25 could not be compelled to give or produce in
proceedings before a court.
67 Video-recording of examination
(1) This section applies if--
(a) a person attends the Director in an
30 examination, or otherwise, in accordance
with a witness summons; or
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(b) a person attending an examination
voluntarily is required--
(i) to be sworn or to make an affirmation;
or
5 (ii) to answer a question.
(2) The Director must ensure that the person's
attendance is video-recorded.
(3) Subject to subsection (4), evidence of anything
said by the person during the attendance after the
10 relevant time is inadmissible as evidence against
any person in any proceeding unless the
attendance was video-recorded from the relevant
time and the video-recording is available to be
tendered in evidence.
15 (4) A court may admit evidence of anything said by a
person during an attendance that is otherwise
inadmissible because of subsection (3) if the court
is satisfied on the balance of probabilities that the
circumstances--
20 (a) are exceptional; and
(b) justify the reception of the evidence.
(5) In this section--
relevant time means--
(a) in the circumstances set out in
25 subsection (1)(a)--the time the person
began giving evidence or producing a
document or thing in compliance with
the summons;
(b) in the circumstances set out in
30 subsection (1)(b)--the time the
requirement was made.
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68 Failure of witnesses to attend and answer questions
(1) A person duly served with a witness summons to
appear as a witness at an examination before the
Director must not, without reasonable excuse--
5 (a) fail to attend as required by the summons; or
(b) fail to attend from day to day unless excused,
or released from further attendance, by the
Director.
(2) A person appearing as a witness before the
10 Director must not--
(a) at an examination, without reasonable
excuse, refuse or fail to answer a question
that he or she is required to answer by the
Director; or
15 (b) without reasonable excuse, refuse or fail to
produce a document or other thing that he or
she was required to produce by the witness
summons.
(3) A person who contravenes subsection (1) or (2) is
20 guilty of an indictable offence and liable to level 6
imprisonment (5 years maximum).
(4) A person does not contravene subsection (2)(b) if
the Director withdraws the requirement to produce
the document or other thing that the person was
25 required to produce by the summons.
(5) A person does not contravene subsection (1) or (2)
if the person is under the age of 16 years at the
date of issue of the summons.
Division 4--Privileges and secrecy provisions
30 69 Privilege against self-incrimination abrogated
(1) A person is not excused from answering a
question or giving information at an examination,
or from producing a document or other thing at an
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examination or in accordance with a witness
summons, on the ground that the answer to the
question, the information, or the production of the
document or other thing, might tend to incriminate
5 the person or make the person liable to a penalty.
(2) Subsection (3) limits the use that can be made of
any answers or information given at an
examination or any documents or other things
produced at an examination or in accordance with
10 a witness summons.
(3) The answer, information, document or thing is not
admissible in evidence against the person before
any court or person acting judicially, except in
proceedings for--
15 (a) perjury or giving false information; or
(b) a breach of discipline by a member of
Victoria Police; or
(c) failure to comply with a direction under
section 47; or
20 (d) an offence referred to in section 68(3); or
(e) contempt of the Director under Division 6.
70 Legal professional privilege
(1) If--
(a) a person is required to answer a question at
25 an examination or produce a document
before the Director; and
(b) the answer to the question would disclose, or
the document contains, a communication that
is recognised at law as privileged on the
30 ground of legal professional privilege--
the person is, subject to subsections (2) and (3),
entitled to refuse to comply with the requirement.
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(2) If--
(a) a legal practitioner is required to answer a
question at an examination or produce a
document before the Director; and
5 (b) the answer to the question would disclose, or
the document contains, a privileged
communication made by or to the legal
practitioner in his or her capacity as a legal
practitioner--
10 the legal practitioner is entitled to refuse to
comply with the requirement unless the person to
whom or by whom the communication was made
agrees to the legal practitioner complying with the
requirement but, if the legal practitioner refuses to
15 comply with the requirement, he or she, if so
required by the Director, must give the Director
the name and address of the person to whom or by
whom the communication was made.
(3) Subsections (1) and (2) do not apply to any
20 privilege of a public authority or public officer.
(4) Nothing in subsection (3) affects the right of a
public authority or public officer to object to the
answering of a question or production of a
document in relation to a criminal proceeding to
25 which the authority or officer is a party on the
ground of legal professional privilege, whether
that proceeding commenced before, on or after the
requirement referred to in subsection (1) or (2)
was made.
30 71 Procedure for determining claims of legal
professional privilege
(1) If a person claims at an examination or on
production of a document before the Director that
the document is the subject of legal professional
35 privilege (other than privilege of a public
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authority or a public officer), the procedure set out
in this section applies.
(2) The claimant must attend before the Director in
accordance with the witness summons.
5 (3) The Director must consider the claim of privilege
and either--
(a) withdraw the requirement to produce the
document; or
(b) apply to the Supreme Court or County Court
10 in accordance with section 72 for
determination of the claim of privilege.
(4) The Director must not inspect the document in
considering the claim of privilege.
(5) If the Director does not withdraw the requirement
15 to produce the document, the Director must
require the claimant to seal the document
immediately, and give it to the Director.
(6) As soon as practicable and in any event within
3 days after the sealing of the document, the
20 Director must give the sealed document or other
thing, or cause it to be given, to the proper officer
of the Supreme Court or the County Court to be
held in safe custody.
(7) A person must not open a sealed document or
25 other thing prior to delivery to the proper officer.
72 Application to court to determine legal professional
privilege
(1) Within 7 days after the Director gives a sealed
document to the proper officer of a court in
30 accordance with section 71, the Director may
apply to the court to determine whether or not the
document is the subject of legal professional
privilege.
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(2) If no application is made under subsection (1)
within the period of 7 days, the proper officer
must return the document to the claimant for legal
professional privilege.
5 (3) The Director must give notice of the application to
the claimant for legal professional privilege a
reasonable time before the hearing of the
application.
(4) Notice under subsection (3) must be in the
10 prescribed form (if any).
(5) The claimant is entitled to appear and be heard on
the hearing of the application.
73 Determination of legal professional privilege
(1) The court must determine whether or not the
15 sealed document is the subject of legal
professional privilege and for that purpose the
judge and any other person authorised by the court
may open and inspect the sealed document.
(2) If the court determines that the sealed document is
20 the subject of legal professional privilege, the
court must order that the document be returned to
the claimant and the proper officer must return it
to the claimant.
(3) If the court determines that the sealed document is
25 not the subject of legal professional privilege, the
court must order that the document be given to the
Director and the proper officer must release it
accordingly.
(4) Subject to subsection (1), a person must not open
30 a sealed document or otherwise have access to the
document before--
(a) the court determines the claim of legal
professional privilege; or
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(b) the document or thing is returned to the
claimant.
Penalty: 120 penalty units or imprisonment for
12 months or both.
5 74 Secrecy provisions and Crown privilege
(1) No obligation to maintain secrecy or other
restriction on the disclosure of information
obtained by or given to a public authority or
public officer, where imposed by any enactment
10 or any rule of law, applies to the disclosure of
information for the purposes of an examination or
investigation.
(2) The Crown is not, in relation to an examination or
investigation, entitled to any privilege in respect
15 of the production of documents or the giving of
evidence as is allowed by law in legal
proceedings.
Division 5--Legal assistance for witnesses
75 Definitions
20 (1) In this Division--
approved law practice means a law practice
approved by the Secretary under
subsection (2);
legal assistance means payment by the Secretary
25 to an approved law practice for legal advice
and representation provided to a person
appearing as a witness in an examination;
Secretary means the Secretary to the Department
of Justice.
30 (2) The Secretary may approve a law practice to be an
approved law practice for the purposes of this
Division.
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76 Provision of legal assistance to witnesses
(1) A person appearing as a witness in an examination
may apply to the Secretary for legal assistance in
connection with his or her appearance as a
5 witness.
(2) The Secretary may approve an application made
under subsection (1) and in doing so may
impose--
(a) a limit on the legal assistance to be provided;
10 and
(b) any other condition on the approval.
77 Regulations
The regulations may make provision for or with
respect to the manner of calculating the amount of
15 legal assistance provided by the Secretary
including--
(a) by agreement as a result of a tender process;
(b) under a costs agreement;
(c) in accordance with an applicable practitioner
20 remuneration order or scale of costs.
Division 6--Contempt
78 What constitutes contempt of Director?
A person who, in answer to a witness summons, is
attending an examination or otherwise attending
25 the Director is guilty of a contempt of the Director
if the person--
(a) fails without reasonable excuse to produce
any document or other thing the person is
required by the summons to produce; or
30 (b) being called or examined as a witness,
refuses to be sworn or to make an
affirmation or, without reasonable excuse,
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refuses or fails to answer any question
relevant to the subject-matter of the
investigation; or
(c) engages in any other conduct that would, if
5 the Director were the Supreme Court,
constitute a contempt of that Court.
79 Charging and arresting a person for contempt
(1) If it is alleged or appears to the Director that a
person is guilty of a contempt of the Director, the
10 Director may--
(a) issue a written certificate charging the person
with contempt and setting out or attaching
details of the alleged contempt (certificate of
charge); and
15 (b) issue a warrant to arrest the person (arrest
warrant).
(2) An arrest warrant--
(a) may be directed to--
(i) a named member of Victoria Police; or
20 (ii) generally all members of Victoria
Police; and
(b) authorises the person to whom it is directed
to arrest the person named in the warrant.
(3) A person who is arrested under an arrest
25 warrant--
(a) is to be brought before the Supreme Court
forthwith to be dealt with according to law;
and
(b) may be detained in police custody in the
30 meantime.
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80 Bail pending court appearance for contempt
(1) If it is not practicable for a person who is arrested
under an arrest warrant to be brought before the
Supreme Court forthwith after he or she is
5 arrested--
(a) the person for the time being in charge of the
place where he or she is detained must--
(i) advise the person that he or she is
entitled to apply to a bail justice for
10 discharge from custody; and
(ii) give the person a written statement, in
the prescribed form (if any), of his or
her right to apply; and
(b) if the person elects to apply, the person for
15 the time being in charge of the place where
he or she is detained must--
(i) give written notice to the Director of
the person's election to apply; and
(ii) cause the person to be brought before a
20 bail justice as soon as practicable; and
(iii) cause to be produced before the bail
justice the arrest warrant and the
certificate of charge for the person; and
(iv) abide by the decision of the bail justice
25 in relation to the person.
(2) When a person is brought before a bail justice
under subsection (1), the bail justice may, subject
to this section, discharge the person from custody
on bail in accordance with the Bail Act 1977 as if
30 the person had been accused of an offence.
(3) A bail justice must not determine a bail
application under this section unless satisfied that
the Director has had sufficient time after receiving
notice under subsection (1)(b)(i) to determine
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whether to oppose the grant of bail and if so to
state that opposition to the bail justice.
81 Custody pending court appearance for contempt
(1) If the Director is satisfied that there are reasonable
5 grounds to believe that it is necessary to prevent a
person who is arrested under an arrest warrant
from escaping from police custody or to ensure
the safety of the person, the Director may direct
that the person be detained in a prison or a police
10 gaol for the purpose of ensuring his or her
appearance before the Supreme Court.
(2) If a person detained in police custody under this
Division, other than a person detained in
accordance with a direction under subsection (1),
15 is required to be detained overnight, the Chief
Commissioner must arrange for the person to be
provided with accommodation and meals to a
standard comparable to that generally provided to
jurors kept together overnight.
20 (3) If a person is detained in a prison in accordance
with a direction under subsection (1), the Director
may give a written direction for the person to be
delivered into the custody of a member of Victoria
Police for the purpose of bringing the person
25 before the Supreme Court.
82 Supreme Court to deal with contempt
(1) A contempt of the Director is to be dealt with by
the Supreme Court as if--
(a) the contempt were a contempt of an inferior
30 court; and
(b) the certificate of charge were an application
to the Supreme Court for punishment for the
contempt.
(2) A certificate of charge is evidence of the matters
35 set out in or attached to it.
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83 No double jeopardy
If an act or omission constitutes both an offence
against this Act and a contempt of the Director,
the offender is liable to be proceeded against for
5 the offence or for contempt or both, but is not
liable to be punished more than once for the same
act or omission.
Division 7--Arrest of recalcitrant witnesses
84 Warrant to arrest of recalcitrant witnesses
10 (1) The Director may apply to a magistrate for the
issue of a warrant to arrest a person (an arrest
warrant), if the Director believes on reasonable
grounds that the person has been duly served with
a witness summons and has failed to appear
15 before or attend the Director in answer to the
summons.
(2) A magistrate may issue an arrest warrant if
satisfied by evidence on oath, whether oral or by
affidavit, that there are reasonable grounds for the
20 belief under subsection (1).
(3) The authority given by, and the rules to be
observed with respect to, warrants to arrest under
Subdivision 2 of Division 3 of Part 4 of the
Magistrates' Court Act 1989 (other than
25 section 62 or 64(2), (3) or (4)) extend and apply to
an arrest warrant.
(4) The issue of an arrest warrant, or the arrest of a
person under the warrant, does not relieve the
person from any liability for non-compliance with
30 a witness summons.
(5) A person arrested under an arrest warrant--
(a) must be brought before the Director as soon
as practicable; and
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(b) may be detained in police custody until
excused from attendance by the Director.
85 Bail for person arrested
(1) If it is not practicable for a person arrested under
5 an arrest warrant to be brought before the Director
as soon as practicable after he or she is arrested--
(a) the person for the time being in charge of the
place where he or she is detained must--
(i) advise the person that he or she is
10 entitled to apply to a bail justice for
discharge from custody; and
(ii) give the person a written statement, in
the prescribed form (if any), of his or
her right to apply; and
15 (b) if the person elects to apply, the person for
the time being in charge of the place where
he or she is detained must--
(i) give written notice to the Director of
the person's election to apply; and
20 (ii) cause the person to be brought before a
bail justice as soon as practicable; and
(iii) cause to be produced before the bail
justice the arrest warrant for the person;
and
25 (iv) abide by the decision of the bail justice
in relation to the person.
(2) When a person is brought before a bail justice
under subsection (1), the bail justice may, subject
to this section, discharge the person from custody
30 on bail in accordance with the Bail Act 1977 as if
the person had been accused of an offence.
(3) A bail justice must not determine a bail
application under this section unless satisfied that
the Director has had sufficient time after receiving
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notice under subsection (1)(b)(i) to determine
whether to oppose the grant of bail and if so to
state that opposition to the bail justice.
86 Person held in custody
5 (1) If the Director is satisfied that there are reasonable
grounds to believe that it is necessary to prevent a
person arrested under an arrest warrant from
escaping from police custody or to ensure the
safety of the person, the Director may direct that
10 the person be detained in a prison or a police gaol
for the purpose of ensuring his or her attendance
at the investigation.
(2) If a person detained in police custody under this
section, other than a person detained in
15 accordance with a direction under subsection (1),
is required to be detained overnight, the Chief
Commissioner must arrange for the person to be
provided with accommodation and meals to a
standard comparable to that generally provided to
20 jurors kept together overnight.
(3) If a person is detained in a prison in accordance
with a direction under subsection (1), the Director
may give a written direction for the person to be
delivered into the custody of a member of Victoria
25 Police for the purpose of bringing the person
before the Director.
Division 8--Powers of entry, search and seizure
87 Definitions
(1) In this Division--
30 authorised officer means--
(a) the Director; or
(b) a member of staff of the Office of
Police Integrity who is authorised under
subsection (2); or
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(c) a person who has taken an oath or made
an affirmation under section 18(2) and
who is authorised under subsection (2).
(2) The Director may authorise a member of staff of
5 the Office of Police Integrity or a person who has
taken an oath or made an affirmation under
section 18(2) to exercise the powers of an
authorised officer under this Division.
88 Power to enter public authority premises
10 (1) An authorised officer may--
(a) enter at any time premises occupied by a
public authority at which the authorised
officer reasonably believes there are
documents or other things that are relevant to
15 an investigation; and
(b) search the premises for documents or other
things that are relevant to an investigation;
and
(c) inspect or copy any document or other thing
20 found at the premises; and
(d) do anything that it is necessary or convenient
to do to enable a search and an inspection to
be carried out under this section.
(2) On exercising a power of entry under this section,
25 the authorised officer must--
(a) identify himself or herself to a person at the
premises who is apparently--
(i) in charge of the premises; or
(ii) a public officer of the public authority;
30 and
(b) announce that he or she is authorised to enter
the premises.
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(3) The chief executive of a public authority must
give, and must ensure that every other public
officer of the authority gives, an authorised officer
any assistance the authorised officer reasonably
5 requires to enable the authorised officer to
exercise powers under this section.
(4) An authorised officer does not have authority
under this section to enter any part of premises
that is used for residential purposes.
10 89 Power to seize documents or things at public
authority premises
(1) An authorised officer who exercises a power of
entry under section 88 may seize a document or
other thing at the premises if the authorised officer
15 reasonably suspects that--
(a) the document or other thing is relevant to an
investigation; and
(b) if the document or other thing is not
immediately seized--
20 (i) it may be concealed or destroyed; or
(ii) its forensic value may be diminished.
(2) A document or other thing seized under this
section cannot be used for the purposes of any
investigation until--
25 (a) the period for making an application under
section 91 for return of the document or
thing has expired; or
(b) if an application is made within that period--
the application and any appeal in relation to
30 it have been finally determined.
(3) The chief executive of the public authority must
make available, and must ensure that every other
public officer of the authority at the premises
makes available, to the authorised officer any
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facilities or equipment that are reasonably
necessary for the authorised officer to seize a
document or other thing under this section.
90 Copying of, access to or receipt for things seized
5 (1) If an authorised officer seizes--
(a) a document, disk or tape or other thing that
can be readily copied; or
(b) a storage device the information in which
can be readily copied--
10 under section 89, the authorised officer, on request
by a person at the premises, must give a copy of
the thing or information to the person as soon as
practicable after the seizure.
(2) The authorised officer may refuse a request under
15 subsection (1) if--
(a) the Director is satisfied that the work
involved in copying the thing or information
would substantially and unreasonably--
(i) divert the resources of the Office of
20 Police Integrity from its other
operations; or
(ii) interfere with the performance of the
Director's functions; or
(b) the Director is of the opinion that it is not in
25 the public interest to give a copy of the thing
or information to the person.
(3) An authorised officer must not refuse a request
under subsection (1), unless the authorised officer
has--
30 (a) given the person who made the request a
written notice stating an intention to refuse
the request; and
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(b) given the person a reasonable opportunity to
make a further request for a copy of the thing
or information in a form that would remove
the ground for refusal; and
5 (c) as far as is reasonably practicable, provided
the person with any information that would
assist the making of the further request for
access in such a form.
(4) An authorised officer is not required to provide
10 any information under subsection (3)(c) if the
Director is of the opinion that it is not in the
public interest for the information to be provided.
(5) If an authorised officer refuses a request under
subsection (1)--
15 (a) the authorised officer must provide a receipt
for the thing seized; and
(b) the Director, on request by the chief
executive of the public authority at whose
premises the thing was seized, must permit
20 the chief executive to have access to the
thing or information unless the Director is of
the opinion that it is not in the public interest
for the chief executive to have access.
(6) The Director must not refuse a request for access
25 under subsection (5)(b), unless the Director has--
(a) given the chief executive a written notice
stating an intention to refuse to give access;
and
(b) given the chief executive a reasonable
30 opportunity to make a further request for
access in a form that would remove the
ground for refusal; and
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(c) as far as is reasonably practicable, provided
the chief executive with any information that
would assist the making of the further
request for access in such a form.
5 (7) The Director is not required to provide any
information under subsection (6)(c) if the Director
is of the opinion that it is not in the public interest
for the information to be provided.
(8) For the avoidance of doubt, an authorised officer
10 or the Director is not required to give reasons for
refusing a request under this section.
91 Application for return of things seized
(1) Within 7 days after a document or other thing is
seized by an authorised officer under section 89,
15 an interested person may apply to the Magistrates'
Court for an order setting aside the seizure and
requiring the Director to deliver the document or
other thing to the interested person.
(2) On an application under subsection (1), the
20 Magistrates' Court may make an order setting
aside the seizure and requiring the Director to
deliver the document or other thing to the
interested person if the Court is satisfied that the
grounds for the seizure did not, or no longer, exist.
25 (3) The interested person has the burden of proving
that the grounds for the seizure did not, or no
longer, exist.
(4) In this section--
interested person in relation to a document or
30 other thing, means--
(a) the chief executive of the public
authority at whose premises the
document or other thing was seized; or
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(b) a person authorised by the chief
executive to apply under this section on
the chief executive's behalf; or
(c) any other person who claims to have a
5 legal or equitable interest in the
document or other thing.
92 Return of things seized
(1) The Director must return a document or other
thing seized under section 89 to the chief
10 executive of the public authority at whose
premises it was seized if the document or other
thing is required as evidence relating to a legal
proceeding.
(2) The Director must immediately return a document
15 or other thing seized under section 89 to the chief
executive of the public authority at whose
premises it was seized if the Director stops being
satisfied that its retention is necessary for the
purposes of--
20 (a) an investigation; or
(b) a report on an investigation; or
(c) a legal proceeding arising out of, or
connected with, an investigation.
(3) This section is subject to any order of the
25 Magistrates' Court under section 91.
93 Powers with search warrant
(1) The Director may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the Director believes, on reasonable
30 grounds that entry to the premises is necessary for
the purpose of an investigation.
(2) If a magistrate is satisfied by evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for the belief under
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subsection (1), the magistrate may issue a search
warrant authorising any person named in the
warrant--
(a) to enter and search the premises named or
5 described in the warrant and inspect any
document or other thing at those premises;
and
(b) to make a copy of any document relevant, or
that the person reasonably considers may be
10 relevant, to the investigation; and
(c) to take possession of any document or other
thing that the person considers relevant to the
investigation.
(3) A search warrant issued under this section must
15 state--
(a) the purpose for which the search is required;
and
(b) any conditions to which the warrant is
subject; and
20 (c) whether entry is authorised to be made at any
time of the day or night or during stated
hours of the day or night; and
(d) a day, not later than 28 days after the issue of
the warrant, on which the warrant ceases to
25 have effect.
(4) Except as provided by this Act, the rules to be
observed with respect to search warrants under
the Magistrates' Court Act 1989 extend and
apply to warrants under this section.
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94 Procedure for executing warrant
(1) On executing a search warrant, the person
executing the warrant--
(a) must announce that he or she is authorised
5 by the warrant to enter the premises; and
(b) if the person has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to the
premises.
10 (2) A person executing a warrant need not comply
with subsection (1) if he or she believes, on
reasonable grounds, that immediate entry to the
premises is required to ensure--
(a) the safety of any person; or
15 (b) that the effective execution of the search
warrant is not frustrated.
(3) If the occupier is present at premises where a
search warrant is being executed, the person
executing the warrant must--
20 (a) identify himself or herself to the occupier;
and
(b) give the occupier a copy of the warrant.
(4) If the occupier is not present at premises where a
search warrant is being executed, the person
25 executing the warrant must--
(a) identify himself or herself to a person at the
premises who is apparently over the age of
18 years; and
(b) give that person a copy of the warrant.
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(5) If there is no person apparently over the age of
18 years present at premises where a search
warrant is being executed, the person executing
the warrant must leave a copy of the warrant in a
5 conspicuous place at the premises, unless the
Director has given a direction under
subsection (6).
(6) The Director may direct that a copy of a search
warrant not be left at premises where no person
10 apparently over the age of 18 years is present if
the Director is satisfied that it would be contrary
to the public interest for the copy to be left at the
premises.
95 Copies or receipts to be given
15 (1) If a person takes possession of--
(a) a document, disk or tape or other thing that
can be readily copied; or
(b) a storage device the information in which
can be readily copied--
20 under a warrant the person, on request by the
occupier, must give a copy of the thing or
information to the occupier as soon as practicable
after taking possession of it.
(2) If a person takes possession of a thing under a
25 warrant and has not provided a copy of the thing
or information under subsection (1) the person
must provide a receipt for that thing as soon as
practicable after taking possession of it.
96 Return of documents and other things
30 (1) The Director must take all reasonable steps to
return a document or other thing seized under a
warrant to the person from whom it was seized if
the document or other thing is required as
evidence relating to a legal proceeding.
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(2) The Director must immediately take all reasonable
steps to return a document or other thing seized
under a warrant to the person from whom it was
seized if the Director stops being satisfied that its
5 retention is necessary for the purposes of--
(a) an investigation; or
(b) a report on an investigation; or
(c) a legal proceeding arising out of, or
connected with, an investigation.
10 97 Assistance in executing search warrants
(1) A person executing a search warrant may--
(a) seek the assistance of another person (an
assistant) over the age of 18 years who
possesses specialised skills or technical
15 knowledge necessary for exercising a power
authorised by the warrant; or
(b) take onto premises any equipment, vehicle,
animal or material the person reasonably
requires for exercising the power.
20 (2) The person may authorise the assistant--
(a) to take stated action at the premises; and
(b) to exercise stated powers the person is
authorised by the warrant to exercise.
(3) However, the person cannot authorise the assistant
25 to arrest a person.
(4) The person must inform the assistant--
(a) of action the assistant is authorised to take;
and
(b) of the assistant's powers under this section.
30 (5) Subsection (1) applies, in relation to animals,
despite any other Act or law (other than the
Charter of Human Rights and Responsibilities).
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98 Police must provide reasonable assistance
The Chief Commissioner of Police must ensure
that members of Victoria Police give the person
executing a search warrant any assistance that
5 person reasonably requires to enable that person,
or an assistant authorised under section 97, to
exercise the powers authorised by the warrant.
99 Privilege claims in relation to search warrants
(1) This section applies if--
10 (a) a person executing a search warrant (the
searcher) wishes to inspect, copy or seize a
document or other thing under the warrant;
and
(b) a person who is entitled to claim the
15 privilege (the claimant) claims that the
document or other thing is subject to
privilege.
(2) The searcher must consider the claim of privilege
and either--
20 (a) withdraw the requirement in relation to
which the claim is made; or
(b) require the claimant to seal the document or
other thing immediately, and give it to the
searcher.
25 (3) The searcher must not inspect the document or
other thing in considering the claim of privilege.
(4) If the searcher requires the claimant to give the
document or other thing to the searcher under
subsection (2)(b), the searcher must--
30 (a) notify the Director as soon as practicable;
and
(b) give the sealed document or other thing, or
cause it to be given, to the proper officer of
the Supreme Court or the County Court as
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soon as practicable and in any event within
3 days after receiving it from the claimant, to
be held in safe custody.
(5) A person must not open a sealed document or
5 other thing prior to delivery to the proper officer.
(6) In this section--
privilege includes--
(a) legal professional privilege (other than
legal professional privilege of a public
10 authority or a public officer);
(b) self-incrimination privilege;
(c) public interest immunity;
(d) parliamentary privilege--
but does not include privilege on the ground
15 of confidentiality.
100 Application to court to determine privilege
(1) Within 7 days after the sealed document or other
thing is given to the proper officer of a court in
accordance with section 99, the Director may
20 apply to the court to determine whether or not the
document or other thing is the subject of privilege.
(2) If no application is made under subsection (1)
within the period of 7 days, the proper officer
must return the document or other thing to the
25 claimant for privilege.
(3) The Director must give notice of the application to
the claimant for privilege a reasonable time before
the hearing of the application.
(4) Notice under subsection (3) must be in the
30 prescribed form (if any).
(5) The claimant is entitled to appear and be heard on
the hearing of the application.
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(6) In this section--
privilege has the same meaning as in section 99.
101 Determination of privilege claims
(1) The court must determine whether or not the
5 sealed document or other thing is the subject of
privilege and for that purpose the judge and any
other person authorised by the court may open and
inspect the sealed document or other thing.
(2) If the court determines that the sealed document
10 or other thing is the subject of privilege, the court
must order that the document or other thing be
returned to the claimant and the proper officer
must return it to the claimant.
(3) If the court determines that the sealed document
15 or other thing is not the subject of privilege, the
court must order that the document or thing be
given to the Director and the proper officer must
release it accordingly.
(4) Subject to subsection (1), a person must not open
20 a sealed document or other thing or otherwise
have access to the document or thing before--
(a) the court determines the claim of privilege;
or
(b) the document or thing is returned to the
25 claimant.
Penalty: 120 penalty units or imprisonment for
12 months or both.
(5) In this section--
privilege has the same meaning as in section 99.
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Division 9--Defensive equipment and firearms
102 Authority to possess, carry and use defensive
equipment
(1) The Director, by instrument, may authorise a
5 member of staff of the Office of Police Integrity to
possess, carry and use defensive equipment for the
purposes of an investigation.
(2) The Director may authorise a member under
subsection (1) only if, in the opinion of the
10 Director, the member reasonably requires to
possess, carry and use defensive equipment--
(a) to enable the member to perform functions
and exercise powers of the Director or an
authorised officer in relation to the
15 investigation; and
(b) for the protection of the member when
performing those functions or exercising
those powers.
(3) An authorisation under this section must specify
20 the type of defensive equipment to which it
applies.
(4) The Director may make an authorisation under
this section subject to any conditions the Director
considers appropriate.
25 (5) A member of staff of the Office of Police Integrity
who is authorised under this section must comply
with any conditions to which the authorisation is
subject.
(6) A member of staff of the Office of Police Integrity
30 may use defensive equipment in the course of an
investigation only if authorised to do so under this
section.
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103 Authority to possess, carry and use firearms
(1) The Director, by instrument, may authorise a
member of staff of the Office of Police Integrity to
possess, carry and use a firearm for the purposes
5 of an investigation.
(2) The Director may authorise a member under
subsection (1) only if, in the opinion of the
Director, the member reasonably requires to
possess, carry and use a firearm--
10 (a) to enable the member to perform functions
and exercise powers of the Director or an
authorised officer in relation to the
investigation; and
(b) for the protection of the member when
15 performing those functions or exercising
those powers.
(3) An authorisation under this section must specify
the type of firearm to which it applies.
(4) The Director may make an authorisation under
20 this section subject to any conditions the Director
considers appropriate.
(5) A member of staff of the Office of Police Integrity
who is authorised under this section must comply
with any conditions to which the authorisation is
25 subject.
(6) A member of staff of the Office of Police Integrity
may use a firearm in the course of an investigation
only if authorised to do so under this section.
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Division 10--Protection of persons, documents and other
things
104 Who is a protected person?
For the purposes of this Division, a protected
5 person is--
(a) the Director;
(b) the Acting Director;
(c) a member of staff of the Office of Police
Integrity;
10 (c) a person who has taken an oath or made an
affirmation under section 18(2);
(d) a person (other than a natural person)
engaged under section 17(1)(b), if any
officer or employee of the person has taken
15 an oath or made an affirmation under
section 18(2);
(e) the members of a body engaged under
section 17(1)(b), if any member, officer or
employee of the body has taken an oath or
20 made an affirmation under section 18(2).
105 What is a protected document or other thing?
For the purposes of this Division, a protected
document or other thing is a document or other
thing the production or inspection of which (as the
25 case requires)--
(a) is likely to--
(i) reveal the identity of an informer or put
an informer's safety at risk; or
(ii) reveal the identity of a person who has
30 been called, or who has appeared, as a
witness in an examination, or put such a
person's safety at risk; or
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(iii) reveal the identity of a person who has
provided the Director with information
relating to an investigation, or put such
a person's safety at risk; or
5 (iv) reveal the identity of a person whose
name appears in any evidence given or
information provided to the Director
relating to an investigation, or put such
a person's safety at risk; or
10 (v) reveal the identity of a person who is or
has been the subject of an investigation,
or put such a person's safety at risk; or
(b) is likely to place at risk an ongoing
investigation--
15 (i) under this Act by the Director; or
(ii) by Victoria Police; or
(c) is likely to risk the disclosure of any
investigative method used by the Director or
by Victoria Police; or
20 (d) is otherwise not in the public interest.
106 Protected documents and other things--legal
proceedings other than criminal proceedings
(1) This section applies to any legal proceeding (other
than a criminal proceeding) or to any proceeding
25 before the Appeals Board.
(2) In any proceeding to which this section applies, a
protected person cannot be compelled to produce
any document or other thing that has come into his
or her possession in the performance of functions
30 under this Act, if the Director certifies in writing
that, in the Director's opinion, the document or
thing is a protected document or other thing.
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(3) In this section a reference to a document or other
thing includes a reference to part of a document or
other thing.
107 Production and inspection of protected documents
5 and things--criminal proceedings
(1) This section applies if, in a criminal proceeding--
(a) a subpoena is issued for a protected person to
produce any document or other thing that has
come into his or her possession in the
10 performance of functions under this Act; and
(b) the protected person objects to the
production of the document or other thing in
the proceeding, or to the inspection of the
document or other thing by one or more
15 parties to the proceeding, on the basis that
the document or other thing is a protected
document or other thing.
(2) The protected person must give notice of the
objection to each party to the proceeding,
20 indicating the category of the document or other
thing, and apply to the court to determine the
application--
(a) by confidential affidavit that is not disclosed
to one or more of the parties or any
25 representative of those parties; or
(b) at a hearing held in closed court in which the
protected person and each party to the
proceeding has a right to be heard by the
court regarding the objection; or
30 (c) at a hearing held without notice to, and
without the presence of, one or more of the
parties or any representative of those parties;
or
(d) by any combination of the methods set out in
35 paragraphs (a), (b) and (c).
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(3) If the court is satisfied that it is not in the public
interest to determine the application by the
method elected by the protected person, the court
may determine the application by any other
5 method set out in subsection (2).
(4) In deciding which method to determine the
application, the court must take into account--
(a) the public interest in protecting the
confidentiality of the Director's investigative
10 techniques and documents and other things
in the Director's possession; and
(b) the extent to which the method of
determining the objection may disclose
information that--
15 (i) reveals the identity of an informer or
put an informer's safety at risk; or
(ii) reveals the identity of a person who has
been called, or who has appeared, as a
witness in an examination, or put such a
20 person's safety at risk; or
(iii) reveals the identity of a person who has
provided the Director with information
relating to an investigation, or put such
a person's safety at risk; or
25 (iv) reveals the identity of a person whose
name appears in any evidence given or
information provided to the Director
relating to an investigation, or put such
a person's safety at risk; or
30 (v) reveals the identity of a person who is
or has been the subject of an
investigation, or put such a person's
safety at risk; or
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(vi) places at risk an ongoing
investigation--
(A) under this Act by the Director; or
(B) by Victoria Police; or
5 (vii) places at risk the disclosure of any
investigative method used by the
Director or by Victoria Police; or
(viii) it would otherwise not be in the public
interest to disclose.
10 (5) If the court determines the objection by the
method set out in subsection (2)(a), the court may
require the protected person to provide the court
with any further confidential affidavits the court
requires to determine the objection.
15 (6) Without limiting any other basis on which the
court may refuse to require production of the
document or other thing, or to allow a party to the
proceeding to inspect the document or other thing,
the court must refuse to so require or allow if the
20 court determines that the document or other thing
is a protected document or other thing.
(7) Subsection (6) does not apply if the party seeking
production or inspection of the document or other
thing satisfies the court that exceptional
25 circumstances exist that require the production or
inspection of the document or other thing.
(8) In this section a reference to a document or other
thing includes a reference to part of a document or
other thing.
30 108 Appointment of special counsel
(1) If a court decides to determine an objection at a
hearing referred to in section 107(2)(c), the court
may appoint a special counsel to represent the
interests of a party to the proceeding at the
35 hearing.
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(2) A special counsel must be a barrister within the
meaning of the Legal Profession Act 2004 who,
in the opinion of the court, has the appropriate
skills and ability to represent the interests of the
5 party at the hearing.
(3) At any time before the special counsel attends the
hearing or obtains any confidential affidavit in
relation to the objection, the special counsel may
communicate with the party whose interests he or
10 she is representing, or any representative of that
party, for the purpose of obtaining information
from the party or representative in relation to the
criminal proceeding.
(4) At any time after the special counsel commences
15 to attend the hearing or obtains any confidential
affidavit in relation to the objection, the special
counsel--
(a) must not take instructions from the party
whose interests he or she is representing, or
20 from any representative of that party; and
(b) may communicate to that party or a
representative of that party any order made
by the court at or in relation to the hearing;
and
25 (c) must not communicate any other information
in relation to the hearing to that party or a
representative of that party without leave of
the court.
109 General protection of protected persons
30 (1) A protected person is not 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
35 under this Act unless the act was done in bad
faith.
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(2) Subsection (1) does not apply to an act done in the
course of, or that results in, a critical incident.
(3) No civil or criminal proceedings may be brought
against a protected person in respect of any act of
5 a kind referred to in subsection (1) without the
leave of the Supreme Court.
(4) The Supreme Court may not give leave unless it is
satisfied that there is substantial ground to believe
that the person to be proceeded against has acted
10 in bad faith.
(5) Without limiting the generality of subsections (1)
and (3), no civil or criminal proceeding may be
brought against the Director in respect of the
giving of a certificate by the Director under
15 section 106, unless the certificate was given in bad
faith.
(6) Despite anything in this section--
(a) an order cannot be issued restraining the
Director from carrying out or compelling the
20 Director to carry out any investigation; and
(b) a proceeding cannot be brought against the
Director seeking the issue of such an order.
(7) A protected person cannot be called to give
evidence in any court or in any legal proceedings
25 or before the Appeals Board in respect of any
matter coming to his or her knowledge in the
exercise of functions under this Act.
110 Protection of protected persons in relation to critical
incidents
30 (1) A protected person is not personally liable for
anything done or omitted to be done in good
faith--
(a) in the performance of a function or exercise
of a power under this Act; or
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(b) in the reasonable belief that the act or
omission was in the performance of a
function or exercise of a power under this
Act--
5 if the thing was done or omitted to be done in the
course of, or resulted in, a critical incident.
(2) Any liability resulting from the act or omission
that, but for subsection (1), would attach to a
protected person attaches instead to the State.
10 111 Protection of legal practitioners and witnesses
(1) A legal practitioner representing a person at an
examination or otherwise in the course of an
investigation, or a legal practitioner assisting the
Director at an examination or otherwise in the
15 course of an investigation, has the same protection
and immunity as a legal practitioner has in
representing a party in a proceeding in the
Supreme Court.
(2) A person appearing as a witness at an examination
20 or otherwise in the course of an investigation has
the same protection and immunity as a witness has
in a proceeding in the Supreme Court.
Division 11--General
112 Referral of matters to DPP
25 (1) At any time during or after completing an
investigation, the Director may refer to the
Director of Public Prosecutions any matter that is
relevant to the performance of functions or duties
by the Director of Public Prosecutions.
30 (2) If the Director refers a matter to the Director of
Public Prosecutions under subsection (1), the
Director may include that fact, and any details
of the referral that the Director considers
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appropriate, in any report of the investigation
under this Act.
113 Offences
(1) A person must not, without lawful excuse (proof
5 of which lies on the person), wilfully obstruct,
hinder or resist the Director or any other person in
the exercise of his or her powers under this Act.
Penalty: 120 penalty units or imprisonment for
12 months or both.
10 (2) A person must not, without lawful excuse (proof
of which lies on the person), refuse or wilfully fail
to comply with any lawful requirement of the
Director or any other person in the exercise of his
or her powers under this Act.
15 Penalty: 120 penalty units or imprisonment for
12 months or both.
(3) A person must not wilfully make a statement that
the person knows to be false or misleading in a
material particular or mislead or attempt to
20 mislead the Director or any other person in the
exercise of his or her powers under this Act.
Penalty: 120 penalty units or imprisonment for
12 months or both.
__________________
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PART 5--OVERSIGHT BY SPECIAL INVESTIGATIONS
MONITOR
114 Role of Special Investigations Monitor
The role of the Special Investigations Monitor
5 under this Part is to--
(a) monitor compliance with this Act by the
Director, members of staff of the Office of
Police Integrity and persons engaged by the
Director under section 17(1)(b); and
10 (b) assess the questioning of persons attending
the Director in an examination concerning
the relevance of the questioning and its
appropriateness in relation to the purpose of
the investigation to which the examination
15 relates; and
(c) assess requirements made by the Director for
persons to produce documents or other
things in the course of an investigation
concerning the relevance of the requirements
20 and their appropriateness in relation to the
purpose of the investigation; and
(d) investigate any complaints made to the
Special Investigations Monitor under this
Part; and
25 (e) formulate recommendations and make
reports as a result of performing functions
under paragraphs (a), (b), (c) and (d).
115 Director must report summonses to Special
Investigations Monitor
30 The Director must give a written report to the
Special Investigations Monitor within 3 days after
the issue of a witness summons setting out--
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(a) the name of the person summoned; and
(b) the reasons the summons was issued.
116 Director must report arrest warrants to Special
Investigations Monitor
5 The Director must give a written report to the
Special Investigations Monitor within 3 days after
the issue of an arrest warrant under section 79
or 84, setting out--
(a) the reasons the warrant was issued; and
10 (b) the relevance of the warrant to the purpose of
the investigation in relation to which it was
issued.
117 Director must report other matters to Special
Investigations Monitor
15 (1) This section applies if--
(a) a person attends the Director at an
examination, or otherwise, in accordance
with a witness summons; or
(b) a person attending an examination
20 voluntarily is required--
(i) to be sworn or to make an affirmation;
or
(ii) to answer a question.
(2) As soon as practicable after the person is excused
25 from attendance, the Director must give a written
report to the Special Investigations Monitor
setting out--
(a) the reasons the person attended and the place
and time the person attended; and
30 (b) the name of the person and of any other
person who was present during the
attendance; and
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(c) the relevance of the attendance to the
purpose of the investigation; and
(d) any other prescribed matters.
(3) A report under subsection (2) must include a copy
5 of the video-recording made under section 67 and,
if a transcript is prepared, a copy of the transcript.
118 Complaints to Special Investigations Monitor
(1) This section applies to a person who has attended
the Director at an examination, or otherwise in the
10 course of an investigation for the purposes of
providing information, producing a document or
other thing or giving evidence (whether
voluntarily or in answer to a witness summons).
(2) The person may make a complaint to the Special
15 Investigations Monitor, within 90 days after the
person was excused from attendance, that the
person was not afforded adequate opportunity to
convey his or her appreciation of the relevant facts
to the Director.
20 (3) A complaint may be made orally or in writing.
(4) If a complaint is made orally, the Special
Investigations Monitor may require the person
making it to confirm the complaint in writing.
119 Special Investigations Monitor may refuse to
25 investigate complaint
The Special Investigations Monitor may refuse to
investigate a complaint if he or she considers
that--
(a) the subject-matter of the complaint is trivial;
30 or
(b) the complaint is frivolous or vexatious or is
not made in good faith.
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120 Investigation of complaints
(1) The Special Investigations Monitor must
investigate a complaint unless he or she refuses to
investigate it under section 119.
5 (2) For the purposes of the investigation of a
complaint, the Special Investigations Monitor--
(a) may, but is not required to, hold a hearing;
and
(b) may obtain information from any persons
10 and in any manner he or she considers
appropriate; and
(c) may regulate the procedure as he or she
thinks fit.
(3) An investigation, including any hearing, is to be
15 conducted in private.
(4) The Special Investigations Monitor may
commence or continue to investigate a complaint
despite the fact that any proceedings are on foot,
or are instituted, in any court or tribunal that relate
20 to or are otherwise connected with the subject-
matter of the complaint.
(5) If the Special Investigations Monitor is or
becomes aware that proceedings referred to in
subsection (4) are on foot or have been instituted,
25 the Special Investigations Monitor must take all
reasonable steps to ensure that the conduct of the
investigation does not prejudice those
proceedings.
121 Recommendations by Special Investigations
30 Monitor
(1) The Special Investigations Monitor may at any
time make recommendations to the Director as to
the taking of any action that the Special
Investigations Monitor considers should be taken.
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(2) Without limiting subsection (1), recommended
action may include--
(a) taking steps to prevent any conduct from
continuing or occurring in the future;
5 (b) taking action to remedy any harm or loss
arising from any conduct.
(3) The Special Investigations Monitor may require
the Director to give a report to the Special
Investigations Monitor, within the time specified
10 by the Special Investigations Monitor, stating--
(a) whether or not the Director has taken, or
proposes to take, any action recommended
by the Special Investigations Monitor; and
(b) if the Director has not taken any
15 recommended action, or proposes not to take
any recommended action, the reasons for not
taking or proposing to take the action.
(4) The Director must comply with a requirement
of the Special Investigations Monitor under
20 subsection (3).
122 Requirement to provide assistance
The Director must give, and must ensure that each
member of staff of the Office of Police Integrity
and each person engaged under section 17(1)(b)
25 gives, the Special Investigations Monitor any
assistance the Special Investigations Monitor
reasonably requires to enable the Special
Investigations Monitor to perform functions under
this Part.
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123 Powers of entry and access
(1) For the purpose of performing his or her functions
under this Part, the Special Investigations
Monitor--
5 (a) after notifying the Director, may 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
10 of Police Integrity that are relevant to the
performance of the Special Investigations
Monitor's functions; and
(c) may require the Director, a member of staff
of the Office of Police Integrity or a person
15 engaged under section 17(1)(b) to give the
Special Investigations Monitor any
information that the Special Investigations
Monitor considers necessary, being
information--
20 (i) that is in the person's possession, or to
which the person has access; and
(ii) that is relevant to the performance of
the Special Investigations Monitor's
functions.
25 (2) The Special Investigations Monitor may exercise
a power under this section only if he or she
considers that the Director has wilfully--
(a) failed to provide information that the
Director is required to provide in a report to
30 the Special Investigations Monitor under this
Division; or
(b) failed to comply with section 122.
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124 Requirement to answer questions and produce
documents
(1) The Special Investigations Monitor may, by
written notice, require a member of OPI personnel
5 to--
(a) attend the Special Investigations Monitor at a
specified time and place to answer any
questions or provide any information; or
(b) produce any document or other thing that is
10 in the person's possession or control and that
is relevant to the functions of the Special
Investigations Monitor under this Part.
(2) A person who is given a notice under
subsection (1) must not, without reasonable
15 excuse--
(a) fail to attend or to produce any document or
other thing as required by the notice; or
(b) refuse or fail to answer a question that he or
she is required to answer by the Special
20 Investigations Monitor; or
(c) refuse or fail to provide any information that
he or she is required to provide by the
Special Investigations Monitor.
(3) A person who is given a notice under
25 subsection (1) must not give any answer or
provide any information that he or she knows is
false or misleading in a material particular.
(4) A person who contravenes subsection (2) or (3) is
guilty of an indictable offence and is liable to
30 level 6 imprisonment (5 years maximum).
(5) The Special Investigations Monitor may exercise
a power under this section only if he or she
considers that the Director has wilfully--
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Part 5--Oversight by special investigations monitor
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(a) failed to provide information that the
Director is required to provide in a report to
the Special Investigations Monitor under this
Division; or
5 (b) failed to comply with section 122.
125 Privileges do not apply
(1) It is not a reasonable excuse for a member of OPI
personnel to fail to produce a document or other
thing, or to answer a question, or to provide any
10 information under section 124, for the member to
claim that production of the document or other
thing, the answer to the question or the
information might tend to incriminate the member
or make the member liable to a penalty.
15 (2) It is not a reasonable excuse for a member of OPI
personnel to fail to produce a document or other
thing, or to answer a question, or to provide any
information under section 124 on the ground of
legal professional privilege.
20 (3) Subsection (4) limits the use that can be made of
any documents or other things produced, or any
answers to questions, or to any information
provided under section 124.
(4) The document, thing, answer or information is not
25 admissible in evidence against the member of OPI
personnel before any court or person acting
judicially, except in proceedings for--
(a) perjury or giving false information; or
(b) an offence referred to in section 124(4); or
30 (c) a breach of discipline, in the case of a
member of OPI personnel who is a member
of Victoria Police.
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(5) Nothing in subsection (2) affects the right of a
member of OPI personnel to object to the
answering of a question or production of a
document in relation to a criminal proceeding to
5 which the member is a party on the ground of
legal professional privilege, whether that
proceeding commenced before, on or after the
requirement under section 124 was made.
126 Annual and other reports by Special Investigations
10 Monitor
(1) As soon as practicable after the end of each
financial year, the Special Investigations Monitor
must cause a report to be presented to each House
of Parliament in relation to the performance of the
15 Special Investigations Monitor's functions under
this Part.
(2) The report must include details of the following
matters--
(a) compliance with this Act during the financial
20 year by the Director, members of staff of the
Office of Police Integrity and persons
engaged by the Director under
section 17(1)(b); and
(b) the extent to which--
25 (i) any questions asked of persons
summoned; and
(ii) any requirements to produce documents
or other things under a summons--
during the financial year were relevant to the
30 investigation in relation to which the
questions were asked or the requirements
were made; and
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(c) the comprehensiveness and adequacy of
reports made to the Special Investigations
Monitor by the Director under this Part
during the financial year; and
5 (d) the extent to which action recommended by
the Special Investigations Monitor to be
taken by the Director has been taken during
the financial year.
(3) The Special Investigations Monitor may at any
10 time cause a report to be presented to each House
of Parliament on any matter relevant to the
performance of the Special Investigations
Monitor's functions under this Part.
(4) A report under this section must not contain any
15 information that identifies, or is likely to
identify--
(a) a person who has attended the Director at an
examination or otherwise in the course of an
investigation; or
20 (b) a person to whom, or in respect of whom, a
direction has been given under Division 5 of
Part 2 of this Act or Division 4A of Part IV
of the Police Regulation Act 1958; or
(c) the nature of any ongoing investigation
25 under this Act or any ongoing investigation
by Victoria Police or members of Victoria
Police.
127 Delegation
The Special Investigations Monitor, by
30 instrument, may delegate to an employee in the
office of the Special Investigations Monitor any
function, duty or power of the Special
Investigations Monitor under this Act other
than--
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(a) a power under section 124 (Requirement to
answer questions and produce documents);
or
(b) a duty or power to make a report under
5 section 126; or
(c) this power of delegation.
__________________
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Part 6--General
s. 128
PART 6--GENERAL
128 Provisions of this Act prevail
A provision of this Act that is inconsistent with a
provision of the Ombudsman Act 1973 prevails,
5 to the extent of the inconsistency, over the
provision of that Act.
129 Letters by people in custody
(1) Subject to subsection (4), if a letter written by a
person in custody on a charge or after conviction
10 of an offence is addressed to the Director it must
immediately be forwarded unopened to the
Director by the person in charge.
(2) Subject to subsection (4), if a letter written by the
Director is addressed to a person in custody on a
15 charge or after conviction of an offence, it must
immediately be forwarded unopened to the person
to whom it is addressed by the person in charge.
(3) A person must not prevent or hinder the
forwarding of a letter referred to in subsection (1)
20 or (2).
Penalty: 120 penalty units or imprisonment for
12 months or both.
(4) If a letter referred to in subsection (1) or (2) is
suspected by the person in charge of containing
25 drugs, weapons or other contraband, the letter may
be opened by the person in charge or his or her
delegate in the presence of--
(a) the person who wrote the letter and the
Director or a member of staff of the Office of
30 Police Integrity; or
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Part 6--General
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(b) the person to whom the letter is addressed
and the Director or a member of staff of the
Office of Police Integrity--
as the case requires.
5 (5) A person who opens a letter in accordance with
subsection (4) is not guilty of an offence under
subsection (3).
(6) In this section--
person in charge means the person who is for the
10 time being in charge of the place or
institution where the writer of the letter or
the person to whom the letter is addressed
(as the case requires) is detained.
130 Supreme Court--limitation of jurisdiction
15 It is the intention of section 109 to alter or vary
section 85 of the Constitution Act 1975.
131 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
20 (a) the investigation of complaints about
members of Victoria Police;
(b) any matter or thing required or permitted by
this Act to be prescribed or necessary to be
prescribed to give effect to this Act.
25 (2) The regulations--
(a) may be of general or specially limited
application;
(b) may differ according to differences in time,
place or circumstances.
__________________
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Part 7--Transitional Provisions
s. 132
PART 7--TRANSITIONAL PROVISIONS
132 Transitional provisions
Schedule 1, which contains transitional
provisions, has effect.
__________________
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Part 8--Amendment of Police Regulation Act 1958 and other Acts
s. 133
PART 8--AMENDMENT OF POLICE REGULATION ACT
1958 AND OTHER ACTS
Division 1--Amendment of Police Regulation Act 1958
133 Definitions
5 Insert the following definitions in section 3(1) of
the Police Regulation Act 1958--
"chief executive of a public authority means--
(a) in relation to the force--the Chief
Commissioner; or
10 (b) in relation to a public service body
within the meaning of the Public
Administration Act 2004--the public
service body Head within the meaning
of that Act; or
15 (c) in relation to any other body, whether
or not incorporated, established by or
under an Act for a public purpose--the
chief executive officer, by whatever
name called, of the body;
20 public authority means--
(a) the force; or
(b) a public service body within the
meaning of the Public Administration
Act 2004; or
25 (c) any other body, whether or not
incorporated, established by or under an
Act for a public purpose;
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public officer means--
(a) a member of the force; or
(b) a person who is employed by or in a
public authority or acting on behalf of a
5 public authority;".
134 Repeal of current protection provisions
Sections 86J and 86JA of the Police Regulation
Act 1958 are repealed.
135 New Division 1A inserted in Part IVA
10 After Division 1 of Part IVA of the Police
Regulation Act 1958 insert--
"Division 1A--Protection of persons,
documents and other things
86KE Who is a protected person?
15 For the purposes of this Division, a protected
person is--
(a) the Director;
(b) the Acting Director;
(c) a member of staff of the Office of
20 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
25 any officer or employee of the person
has taken an oath or made an
affirmation under section 102D(3);
(e) the members of a body engaged under
section 102E(1)(b), if any member,
30 officer or employee of the body has
taken an oath or made an affirmation
under section 102D(3).
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86KF What is a protected document or other
thing?
For the purposes of this Division, a protected
document or other thing is a document or
5 other thing the production or inspection of
which (as the case requires)--
(a) is likely to--
(i) reveal the identity of an informer
or put an informer's safety at risk;
10 or
(ii) reveal the identity of a person who
has been called, or who has
appeared, as a witness in an
investigation by the Director
15 under this Part, or put such a
person's safety at risk; or
(iii) reveal the identity of a person who
has provided the Director with
information relating to an
20 investigation by the Director
under this Part, or put such a
person's safety at risk; or
(iv) reveal the identity of a person
whose name appears in any
25 evidence given or information
provided to the Director relating
to an investigation by the Director
under this Part, or put such a
person's safety at risk; or
30 (v) reveal the identity of a person who
is or has been the subject of an
investigation by the Director
under this Part, or put such a
person's safety at risk; or
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(b) is likely to place at risk an ongoing
investigation--
(i) under this Part by the Director; or
(ii) by the force; or
5 (c) is likely to risk the disclosure of any
investigative method used by the
Director or by the force; or
(d) is otherwise not in the public interest.
86KG Protected documents and other things--
10 legal proceedings other than criminal
proceedings
(1) This section applies to any legal proceeding
(other than a criminal proceeding) or to any
proceeding before the Appeals Board.
15 (2) In any proceeding to which this section
applies, a protected person cannot be
compelled to produce any document or other
thing that has come into his or her possession
in the performance of functions under this
20 Act, if the Director certifies in writing that,
in the Director's opinion, the document or
thing is a protected document or other thing.
(3) In this section a reference to a document or
other thing includes a reference to part of a
25 document or other thing.
86KH Production and inspection of protected
documents and things--criminal
proceedings
(1) This section applies if, in a criminal
30 proceeding--
(a) a subpoena is issued for a protected
person to produce any document or
other thing that has come into his or her
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possession in the performance of
functions under this Act; and
(b) the protected person objects to the
production of the document or other
5 thing in the proceeding, or to the
inspection of the document or other
thing by one or more parties to the
proceeding, on the basis that the
document or other thing is a protected
10 document or other thing.
(2) The protected person must give notice of the
objection to each party to the proceeding,
indicating the category of the document or
other thing, and apply to the court to
15 determine the application--
(a) by confidential affidavit that is not
disclosed to one or more of the parties
or any representative of those parties;
or
20 (b) at a hearing held in closed court in
which the protected person and each
party to the proceeding has a right to be
heard by the court regarding the
objection; or
25 (c) at a hearing held without notice to, and
without the presence of, one or more of
the parties or any representative of
those parties; or
(d) by any combination of the methods set
30 out in paragraphs (a), (b) and (c).
(3) If the court is satisfied that it is not in the
public interest to determine the application
by the method elected by the protected
person, the court may determine the
35 application by any other method set out in
subsection (2).
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(4) In deciding which method to determine the
application, the court must take into
account--
(a) the public interest in protecting the
5 confidentiality of the Director's
investigative techniques and documents
and other things in the Director's
possession; and
(b) the extent to which the method of
10 determining the objection may disclose
information that--
(i) reveals the identity of an informer
or put an informer's safety at risk;
or
15 (ii) reveals the identity of a person
who has been called, or who has
appeared, as a witness in an
investigation by the Director
under this Part, or put such a
20 person's safety at risk; or
(iii) reveals the identity of a person
who has provided the Director
with information relating to an
investigation by the Director
25 under this Part, or put such a
person's safety at risk; or
(iv) reveals the identity of a person
whose name appears in any
evidence given or information
30 provided to the Director relating
to an investigation by the Director
under this Part, or put such a
person's safety at risk; or
(v) reveals the identity of a person
35 who is or has been the subject of
an investigation by the Director
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under this Part, or put such a
person's safety at risk; or
(vi) places at risk an ongoing
investigation--
5 (A) under this Part by the
Director; or
(B) by the force; or
(vii) places at risk the disclosure of any
investigative method used by the
10 Director or by the force; or
(viii) it would otherwise not be in the
public interest to disclose.
(5) If the court determines the objection by the
method set out in subsection (2)(a), the court
15 may require the protected person to provide
the court with any further confidential
affidavits the court requires to determine the
objection.
(6) Without limiting any other basis on which
20 the court may refuse to require production of
the document or other thing, or to allow a
party to the proceeding to inspect the
document or other thing, the court must
refuse to so require or allow if the court
25 determines that the document or other thing
is a protected document or other thing.
(7) Subsection (6) does not apply if the party
seeking production or inspection of the
document or other thing satisfies the court
30 that exceptional circumstances exist that
require the production or inspection of the
document or other thing.
(8) In this section a reference to a document or
other thing includes a reference to part of a
35 document or other thing.
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86KI Appointment of special counsel
(1) If a court decides to determine an objection
at a hearing referred to in section
86KH(2)(c), the court may appoint a special
5 counsel to represent the interests of a party to
the proceeding at the hearing.
(2) A special counsel must be a barrister within
the meaning of the Legal Profession Act
2004 who, in the opinion of the court, has the
10 appropriate skills and ability to represent the
interests of the party at the hearing.
(3) At any time before the special counsel
attends the hearing or obtains any
confidential affidavit in relation to the
15 objection, the special counsel may
communicate with the party whose interests
he or she is representing, or any
representative of that party, for the purpose
of obtaining information from the party or
20 representative in relation to the criminal
proceeding.
(4) At any time after the special counsel
commences to attend the hearing or obtains
any confidential affidavit in relation to the
25 objection, the special counsel--
(a) must not take instructions from the
party whose interests he or she is
representing, or from any representative
of that party; and
30 (b) may communicate to that party or a
representative of that party any order
made by the court at or in relation to
the hearing; and
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(c) must not communicate any other
information in relation to the hearing to
that party or a representative of that
party without leave of the court.
5 86KJ General protection of protected persons
(1) A protected person is not 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
10 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.
(2) No civil or criminal proceedings may be
brought against a protected person in respect
15 of any act of a kind referred to in subsection
(1) without the leave of the Supreme Court.
(3) The Supreme Court may not give leave
unless it is satisfied that there is substantial
ground to believe that the person to be
20 proceeded against has acted in bad faith.
(4) Without limiting the generality of
subsections (1) and (2), no civil or criminal
proceeding may be brought against the
Director in respect of the giving of a
25 certificate by the Director under
section 86KG, unless the certificate was
given in bad faith.
(5) Despite anything in this section--
(a) an order cannot be issued restraining
30 the Director from carrying out or
compelling the Director to carry out
any investigation; and
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(b) a proceeding cannot be brought against
the Director seeking the issue of such
an order.
(6) A protected person cannot be called to give
5 evidence in any court or in any legal
proceedings or before the Appeals Board in
respect of any matter coming to his or her
knowledge in the exercise of functions under
this Act.
10 86KK Protection of legal practitioners and
witnesses
(1) A legal practitioner representing a person in
the course of an investigation by the Director
under this Part, or a legal practitioner
15 assisting the Director in the course of an
investigation by the Director under this Part,
has the same protection and immunity as a
legal practitioner has in representing a party
in a proceeding in the Supreme Court.
20 (2) A person appearing as a witness in the
course of an investigation by the Director
under this Part has the same protection and
immunity as a witness has in a proceeding in
the Supreme Court.".
25 136 Evidence in Director investigations
(1) For section 86PA(1) of the Police Regulation Act
1958 substitute--
"(1) Sections 17, 18, 19A, 19B and 20A of the
Evidence Act 1958 apply to and in relation
30 to an investigation conducted by the Director
as if the Director were the sole commissioner
issued with a commission by the Governor in
Council.".
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(2) In section 86PA of the Police Regulation Act
1958--
(a) in subsection (3), for "and section 86Q"
insert ", section 86Q and Division 2B";
5 (b) subsections (4), (5), (5A), (6), (7) and (8) are
repealed.
137 New section 86PF inserted
After section 86PE of the Police Regulation Act
1958 insert--
10 "86PF Failure of witnesses to attend and answer
questions
(1) A person duly served with a summons under
section 17 of the Evidence Act 1958 in
relation to an investigation by the Director
15 under this Part must not, without reasonable
excuse--
(a) fail to attend as required by the
summons; or
(b) fail to attend from day to day unless
20 excused, or released from further
attendance, by the Director.
(2) A person appearing as a witness before the
Director must not, without reasonable
excuse--
25 (a) refuse or fail to answer a question that
he or she is required to answer by the
Director; or
(b) refuse or fail to produce a document or
other thing that he or she was required
30 to produce by the summons.
(3) A person who contravenes subsection (1)
or (2) is guilty of an indictable offence and
liable to level 6 imprisonment (5 years
maximum).
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(4) A person does not contravene subsection
(2)(b) if the Director withdraws the
requirement to produce the document or
other thing that the person was required to
5 produce by the summons.
(5) A person does not contravene subsection (1)
or (2) if the person is under the age of
16 years at the date of issue of the
summons.".
10 138 New Divisions 2A and 2B inserted in Part IVA
After Division 2 of Part IVA of the Police
Regulation Act 1958 insert--
"Division 2A--Legal assistance for witnesses
86VAA Definitions
15 (1) In this Division--
approved law practice means a law practice
approved by the Secretary under
subsection (2);
legal assistance means payment by the
20 Secretary to an approved law practice
for legal advice and representation
provided to a person appearing as a
witness in an investigation by the
Director under this Part;
25 Secretary means the Secretary to the
Department of Justice.
(2) The Secretary may approve a law practice to
be an approved law practice for the purposes
of this Division.
30 86VAB Provision of legal assistance to witnesses
(1) A person appearing as a witness in an
investigation by the Director under this Part
may apply to the Secretary for legal
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assistance in connection with his or her
appearance as a witness.
(2) The Secretary may approve an application
made under subsection (1) and in doing so
5 may impose--
(a) a limit on the legal assistance to be
provided; and
(b) any other condition on the approval.
86VAC Regulations
10 The regulations may make provision for or
with respect to the manner of calculating the
amount of legal assistance provided by the
Secretary including--
(a) by agreement as a result of a tender
15 process;
(b) under a costs agreement;
(c) in accordance with an applicable
practitioner remuneration order or scale
of costs.
20 Division 2B--Privileges and secrecy provisions
86VAD Privilege against self-incrimination
abrogated
(1) A person is not excused from answering a
question, producing a document or other
25 thing or giving information for the purposes
of an investigation by the Director under this
Part on the ground that the answer to the
question, the production of the document or
other thing or the giving of the information
30 might tend to incriminate the person or make
the person liable to a penalty.
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(2) Subsection (3) limits the use that can be
made of any answers or information given,
or documents or other things produced, in
accordance with a summons issued under
5 section 17 of the Evidence Act 1958 in
relation to an investigation by the Director
under this Part.
(3) The answer, information, document or thing
is not admissible in evidence against the
10 person before any court or person acting
judicially, except in proceedings for--
(a) perjury or giving false information; or
(b) a breach of discipline by a member of
the force; or
15 (c) failure to comply with a direction under
section 86Q; or
(d) an offence referred to in
section 86PF(3); or
(e) contempt of the Director under
20 section 86KB.
86VAE Legal professional privilege
(1) If--
(a) a person is required to answer a
question or produce a document in an
25 investigation by the Director under this
Part; and
(b) the answer to the question would
disclose, or the document contains, a
communication that is recognised at
30 law as privileged on the ground of legal
professional privilege--
the person is, subject to subsections (2)
and (3), entitled to refuse to comply with the
requirement.
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(2) If--
(a) a legal practitioner is required to
answer a question or produce a
document in an investigation by the
5 Director under this Part; and
(b) the answer to the question would
disclose, or the document contains, a
privileged communication made by or
to the legal practitioner in his or her
10 capacity as a legal practitioner--
the legal practitioner is entitled to refuse to
comply with the requirement unless the
person to whom or by whom the
communication was made agrees to the legal
15 practitioner complying with the requirement
but, if the legal practitioner refuses to
comply with the requirement, he or she, if so
required by the Director, must give the
Director the name and address of the person
20 to whom or by whom the communication
was made.
(3) Subsections (1) and (2) do not apply to any
privilege of a public authority or public
officer.
25 (4) Nothing in subsection (3) affects the right of
a public authority or public officer to object
to the answering of a question or production
of a document in relation to a criminal
proceeding to which the authority or officer
30 is a party on the ground of legal professional
privilege, whether that proceeding
commenced before, on or after the
requirement referred to in subsection (1)
or (2) was made.
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86VAF Procedure for determining claims of legal
professional privilege
(1) If a person claims on production of a
document before the Director that the
5 document is the subject of legal professional
privilege (other than privilege of a public
authority or a public officer), the procedure
set out in this section applies.
(2) The claimant must attend before the Director
10 in accordance with the summons under
section 17 of the Evidence Act 1958
(if any).
(3) The Director must consider the claim of
privilege and either--
15 (a) withdraw the requirement to produce
the document; or
(b) apply to the Supreme Court or County
Court in accordance with section
86VAG for determination of the claim
20 of privilege.
(4) The Director must not inspect the document
in considering the claim of privilege.
(5) If the Director does not withdraw the
requirement to produce the document, the
25 Director must require the claimant to seal the
document immediately, and give it to the
Director.
(6) As soon as practicable and in any event
within 3 days after the sealing of the
30 document, the Director must give the sealed
document or other thing, or cause it to be
given, to the proper officer of the Supreme
Court or the County Court to be held in safe
custody.
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(7) A person must not open a sealed document
or other thing prior to delivery to the proper
officer.
86VAG Application to court to determine legal
5 professional privilege
(1) Within 7 days after the Director gives a
sealed document to the proper officer of a
court in accordance with section 86VAF, the
Director may apply to the court to determine
10 whether or not the document is the subject of
legal professional privilege.
(2) If no application is made under subsection
(1) within the period of 7 days, the proper
officer must return the document to the
15 claimant for legal professional privilege.
(3) The Director must give notice of the
application to the claimant for legal
professional privilege a reasonable time
before the hearing of the application.
20 (4) Notice under subsection (3) must be in the
prescribed form (if any).
(5) The claimant is entitled to appear and be
heard on the hearing of the application.
86VAH Determination of legal professional
25 privilege
(1) The court must determine whether or not the
sealed document is the subject of legal
professional privilege and for that purpose
the judge and any other person authorised by
30 the court may open and inspect the sealed
document.
(2) If the court determines that the sealed
document is the subject of legal professional
privilege, the court must order that the
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document be returned to the claimant and the
proper officer must return it to the claimant.
(3) If the court determines that the sealed
document is not the subject of legal
5 professional privilege, the court must order
that the document be given to the Director
and the proper officer must release it
accordingly.
(4) Subject to subsection (1), a person must not
10 open a sealed document or otherwise have
access to the document before--
(a) the court determines the claim of legal
professional privilege; or
(b) the document or thing is returned to the
15 claimant.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
86VAI Secrecy provisions and Crown privilege
(1) No obligation to maintain secrecy or other
20 restriction on the disclosure of information
obtained by or given to a public authority or
public officer, where imposed by any
enactment or any rule of law, applies to the
disclosure of information for the purposes of
25 an investigation by the Director under this
Part.
(2) The Crown is not, in relation to an
investigation by the Director under this Part,
entitled to any privilege in respect of the
30 production of documents or the giving of
evidence as is allowed by law in legal
proceedings.".
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139 New Division 3 substituted in Part IVA
For Division 3 of Part IVA of the Police
Regulation Act 1958 substitute--
"Division 3--Powers of entry, search and
5 seizure
86VA Definition
(1) In this Division--
authorised officer means--
(a) the Director; or
10 (b) a member of staff of the Office of
Police Integrity who is authorised
under subsection (2); or
(c) a person who has taken an oath or
made an affirmation under
15 section 102D(3) and who is
authorised under subsection (2).
(2) The Director may authorise a member of
staff of the Office of Police Integrity or a
person who has taken an oath or made an
20 affirmation under section 102D(3) to
exercise the powers of an authorised officer
under this Division.
86VB Power to enter public authority premises
(1) An authorised officer may--
25 (a) enter at any time premises occupied by
a public authority at which the
authorised officer reasonably believes
there are documents or other things that
are relevant to an investigation by the
30 Director under this Part; and
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(b) search the premises for documents or
other things that are relevant to an
investigation by the Director under this
Part; and
5 (c) inspect or copy any document or other
thing found at the premises; and
(d) do anything that it is necessary or
convenient to do to enable a search and
an inspection to be carried out under
10 this section.
(2) On exercising a power of entry under this
section, the authorised officer must--
(a) identify himself or herself to a person at
the premises who is apparently--
15 (i) in charge of the premises; or
(ii) a public officer of the public
authority; and
(b) announce that he or she is authorised to
enter the premises.
20 (3) The chief executive of a public authority
must give, and must ensure that every other
public officer of the authority gives, an
authorised officer any assistance the
authorised officer reasonably requires to
25 enable the authorised officer to exercise
powers under this section.
(4) An authorised officer does not have authority
under this section to enter any part of
premises that is used for residential purposes.
30 86VC Power to seize documents or things at
public authority premises
(1) An authorised officer who exercises a power
of entry under section 86VB may seize a
document or other thing at the premises if
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the authorised officer reasonably suspects
that--
(a) the document or other thing is relevant
to an investigation by the Director
5 under this Part; and
(b) if the document or other thing is not
immediately seized--
(i) it may be concealed or destroyed;
or
10 (ii) its forensic value may be
diminished.
(2) A document or other thing seized under this
section cannot be used for the purposes of
any investigation until--
15 (a) the period for making an application
under section 86VE for return of the
document or thing has expired; or
(b) if an application is made within that
period--the application and any appeal
20 in relation to it have been finally
determined.
(3) The chief executive of the public authority
must make available, and must ensure that
every other public officer of the authority at
25 the premises makes available, to the
authorised officer any facilities or equipment
that are reasonably necessary for the
authorised officer to seize a document or
other thing under this section.
30 86VD Copying of, access to or receipt for things
seized
(1) If an authorised officer seizes--
(a) a document, disk or tape or other thing
that can be readily copied; or
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(b) a storage device the information in
which can be readily copied--
under section 86VC, the authorised officer,
on request by a person at the premises, must
5 give a copy of the thing or information to the
person as soon as practicable after the
seizure.
(2) The authorised officer may refuse a request
under subsection (1) if--
10 (a) the Director is satisfied that the work
involved in copying the thing or
information would substantially and
unreasonably--
(i) divert the resources of the Office
15 of Police Integrity from its other
operations; or
(ii) interfere with the performance of
the Director's functions; or
(b) the Director is of the opinion that it is
20 not in the public interest to give a copy
of the thing or information to the
person.
(3) An authorised officer must not refuse a
request under subsection (1), unless the
25 authorised officer has--
(a) given the person who made the request
a written notice stating an intention to
refuse the request; and
(b) given the person a reasonable
30 opportunity to make a further request
for a copy of the thing or information in
a form that would remove the ground
for refusal; and
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(c) as far as is reasonably practicable,
provided the person with any
information that would assist the
making of the further request for access
5 in such a form.
(4) An authorised officer is not required to
provide any information under subsection
(3)(c) if the Director is of the opinion that it
is not in the public interest for the
10 information to be provided.
(5) If an authorised officer refuses a request
under subsection (1)--
(a) the authorised officer must provide a
receipt for the thing seized; and
15 (b) the Director, on request by the chief
executive of the public authority at
whose premises the thing was seized,
must permit the chief executive to have
access to the thing or information
20 unless the Director is of the opinion
that it is not in the public interest for
the chief executive to have access.
(6) The Director must not refuse a request for
access under subsection (5)(b), unless the
25 Director has--
(a) given the chief executive a written
notice stating an intention to refuse to
give access; and
(b) given the chief executive a reasonable
30 opportunity to make a further request
for access in a form that would remove
the ground for refusal; and
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(c) as far as is reasonably practicable,
provided the chief executive with any
information that would assist the
making of the further request for access
5 in such a form.
(7) The Director is not required to provide any
information under subsection (6)(c) if the
Director is of the opinion that it is not in the
public interest for the information to be
10 provided.
(8) For the avoidance of doubt, an authorised
officer or the Director is not required to give
reasons for refusing a request under this
section.
15 86VE Application for return of things seized
(1) Within 7 days after a document or other
thing is seized by an authorised officer under
section 86VC, an interested person may
apply to the Magistrates' Court for an order
20 setting aside the seizure and requiring the
Director to deliver the document or other
thing to the interested person.
(2) On an application under subsection (1), the
Magistrates' Court may make an order
25 setting aside the seizure and requiring the
Director to deliver the document or other
thing to the interested person if the Court is
satisfied that the grounds for the seizure did
not, or no longer, exist.
30 (3) The interested person has the burden of
proving that the grounds for the seizure did
not, or no longer, exist.
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(4) In this section--
interested person in relation to a document
or other thing, means--
(a) the chief executive of the public
5 authority at whose premises the
document or other thing was
seized; or
(b) a person authorised by the chief
executive to apply under this
10 section on the chief executive's
behalf; or
(c) any other person who claims to
have a legal or equitable interest
in the document or other thing.
15 86VF Return of things seized
(1) The Director must return a document or
other thing seized under section 86VC to the
chief executive of the public authority at
whose premises it was seized if the
20 document or other thing is required as
evidence relating to a legal proceeding.
(2) The Director must immediately return a
document or other thing seized under section
86VC to the chief executive of the public
25 authority at whose premises it was seized if
the Director stops being satisfied that its
retention is necessary for the purposes of--
(a) an investigation by the Director under
this Part; or
30 (b) a report on an investigation by the
Director under this Part; or
(c) a legal proceeding arising out of, or
connected with, an investigation by the
Director under this Part.
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(3) This section is subject to any order of the
Magistrates' Court under section 86VE.
86VG Powers with search warrant
(1) The Director may apply to a magistrate for
5 the issue of a search warrant in relation to
particular premises if the Director believes,
on reasonable grounds that entry to the
premises is necessary for the purpose of an
investigation by the Director under this Part.
10 (2) If a magistrate is satisfied by evidence on
oath, whether oral or by affidavit, that there
are reasonable grounds for the belief under
subsection (1), the magistrate may issue a
search warrant authorising any person named
15 in the warrant--
(a) to enter and search the premises named
or described in the warrant and inspect
any document or other thing at those
premises; and
20 (b) to make a copy of any document
relevant, or that the person reasonably
considers may be relevant, to the
investigation; and
(c) to take possession of any document or
25 other thing that the person considers
relevant to the investigation.
(3) A search warrant issued under this section
must state--
(a) the purpose for which the search is
30 required; and
(b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
35 stated hours of the day or night; and
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(d) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
(4) Except as provided by this Act, the rules to
5 be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
86VH Procedure for executing warrant
10 (1) On executing a search warrant, the person
executing the warrant--
(a) must announce that he or she is
authorised by the warrant to enter the
premises; and
15 (b) if the person has been unable to obtain
unforced entry, must give any person at
the premises an opportunity to allow
entry to the premises.
(2) A person executing a warrant need not
20 comply with subsection (1) if he or she
believes, on reasonable grounds that
immediate entry to the premises is required
to ensure--
(a) the safety of any person; or
25 (b) that the effective execution of the
search warrant is not frustrated.
(3) If the occupier is present at premises where a
search warrant is being executed, the person
executing the warrant must--
30 (a) identify himself or herself to the
occupier; and
(b) give the occupier a copy of the warrant.
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(4) If the occupier is not present at premises
where a search warrant is being executed, the
person executing the warrant must--
(a) identify himself or herself to a person at
5 the premises who is apparently over the
age of 18 years; and
(b) give that person a copy of the warrant.
(5) If there is no person apparently over the age
of 18 years present at premises where a
10 search warrant is being executed, the person
executing the warrant must leave a copy of
the warrant in a conspicuous place at the
premises, unless the Director has given a
direction under subsection (6).
15 (6) The Director may direct that a copy of a
search warrant not be left at premises where
no person apparently over the age of
18 years is present if the Director is satisfied
that it would be contrary to the public
20 interest for the copy to be left at the
premises.
86VI Copies or receipts to be given
(1) If a person takes possession of--
(a) a document, disk or tape or other thing
25 that can be readily copied; or
(b) a storage device the information in
which can be readily copied--
under a warrant the person, on request by the
occupier, must give a copy of the thing or
30 information to the occupier as soon as
practicable after taking possession of it.
(2) If a person takes possession of a thing under
a warrant and has not provided a copy of the
thing or information under subsection (1) the
35 person must provide a receipt for that thing
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as soon as practicable after taking possession
of it.
86VJ Return of documents and other things
(1) The Director must take all reasonable steps
5 to return a document or other thing seized
under a warrant to the person from whom it
was seized if the document or other thing is
required as evidence relating to a legal
proceeding.
10 (2) The Director must immediately take all
reasonable steps to return a document or
other thing seized under a warrant to the
person from whom it was seized if the
Director stops being satisfied that its
15 retention is necessary for the purposes of--
(a) an investigation by the Director under
this Part; or
(b) a report on an investigation by the
Director under this Part; or
20 (c) a legal proceeding arising out of, or
connected with, an investigation by the
Director under this Part.
86VK Assistance in executing search warrants
(1) A person executing a search warrant may--
25 (a) seek the assistance of another person
(an assistant) over the age of 18 years
who possesses specialised skills or
technical knowledge necessary for
exercising a power authorised by the
30 warrant; or
(b) take onto premises any equipment,
vehicle, animal or material the person
reasonably requires for exercising the
power.
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(2) The person may authorise the assistant--
(a) to take stated action at the premises;
and
(b) to exercise stated powers the person is
5 authorised by the warrant to exercise.
(3) However, the person cannot authorise the
assistant to arrest a person.
(4) The person must inform the assistant--
(a) of action the assistant is authorised to
10 take; and
(b) of the assistant's powers under this
section.
(5) Subsection (1) applies, in relation to animals,
despite any other Act or law (other than the
15 Charter of Human Rights and
Responsibilities).
86VL Police must provide reasonable assistance
The Chief Commissioner of Police must
ensure that members of Victoria Police give
20 the person executing a search warrant any
assistance that person reasonably requires to
enable that person, or an assistant authorised
under section 86VK, to exercise the powers
authorised by the warrant.
25 86VM Privilege claims in relation to search
warrants
(1) This section applies if--
(a) a person executing a search warrant
(the searcher) wishes to inspect, copy
30 or seize a document or other thing
under the warrant; and
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(b) a person who is entitled to claim the
privilege (the claimant) claims that the
document or other thing is subject to
privilege.
5 (2) The searcher must consider the claim of
privilege and either--
(a) withdraw the requirement in relation to
which the claim is made; or
(b) require the claimant to seal the
10 document or other thing immediately,
and give it to the searcher.
(3) The searcher must not inspect the document
or other thing in considering the claim of
privilege.
15 (4) If the searcher requires the claimant to give
the document or other thing to the searcher
under subsection (2)(b), the searcher must--
(a) notify the Director as soon as
practicable; and
20 (b) give the sealed document or other
thing, or cause it to be given, to the
proper officer of the Supreme Court or
the County Court as soon as practicable
and in any event within 3 days after
25 receiving it from the claimant, to be
held in safe custody.
(5) A person must not open a sealed document
or other thing prior to delivery to the proper
officer.
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(6) In this section--
privilege includes--
(a) legal professional privilege (other
than legal professional privilege of
5 a public authority or a public
officer);
(b) self-incrimination privilege;
(c) public interest immunity;
(d) parliamentary privilege--
10 but does not include privilege on the
ground of confidentiality.
86VN Application to court to determine
privilege
(1) Within 7 days after the sealed document or
15 other thing is given to the proper officer of a
court in accordance with section 86VM, the
Director may apply to the court to determine
whether or not the document or other thing is
the subject of privilege.
20 (2) If no application is made under subsection
(1) within the period of 7 days, the proper
officer must return the document or other
thing to the claimant for privilege.
(3) The Director must give notice of the
25 application to the claimant for privilege a
reasonable time before the hearing of the
application.
(4) Notice under subsection (3) must be in the
prescribed form (if any).
30 (5) The claimant is entitled to appear and be
heard on the hearing of the application.
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(6) In this section--
privilege has the same meaning as in
section 86VM.
86VO Determination of privilege claim
5 (1) The court must determine whether or not the
sealed document or other thing is the subject
of privilege and for that purpose the judge
and any other person authorised by the court
may open and inspect the sealed document or
10 other thing.
(2) If the court determines that the sealed
document or other thing is the subject of
privilege, the court must order that the
document or other thing be returned to the
15 claimant and the proper officer must return it
to the claimant.
(3) If the court determines that the sealed
document or other thing is not the subject of
privilege, the court must order that the
20 document or thing be given to the Director
and the proper officer must release it
accordingly.
(4) Subject to subsection (1), a person must not
open a sealed document or other thing or
25 otherwise have access to the document or
thing before--
(a) the court determines the claim of
privilege; or
(b) the document or thing is returned to the
30 claimant.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
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(5) In this section--
privilege has the same meaning as in
section 86VM.".
140 Supreme Court--limitation of jurisdiction
5 After section 129A(4) of the Police Regulation
Act 1958 insert--
"(5) It is the intention of section 86KJ to alter or
vary section 85 of the Constitution Act
1975.".
10 141 New section 136 inserted
At the end of Part VII of the Police Regulation
Act 1958 insert--
"136 Transitional provisions for Police
Integrity Act 2008
15 (1) Section 86KH applies, on and after the
commencement day, in respect of any
subpoena issued on or after 13 March 2008.
(2) Section 86PF applies, on and after the
commencement day, in respect of a
20 summons issued under section 17 of the
Evidence Act 1958 whether the summons
was issued before, on or after that day.
(3) Sections 86VAD and 86VAE apply, on and
after the commencement day, whether the
25 requirement to answer the question, produce
the document or other thing or give the
information was made before, on or after that
day.
(4) An authorisation of a person under
30 section 86VA(2) that was in force
immediately before the commencement day
is taken, on and after that day, to be an
authorisation of the person under section
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86VA(2) as substituted by section 139 of the
Police Integrity Act 2008.
(5) An application made under section 86VE as
in force immediately before the
5 commencement day that had not been
determined before that day is to be
determined on or after that day as if
section 139 of the Police Integrity Act 2008
had not been enacted.
10 (6) An application for return of a document or
thing made under section 86VG before the
commencement day that had not been
determined before that day is to be
determined on or after that day as if it were
15 an application for return of a document or
other thing made under section 86VE as
substituted by section 139 of the Police
Integrity Act 2008.
(7) An application for a search warrant made
20 under section 86W before the
commencement day that had not been
determined before that day is to be
determined on or after that day as if it were
an application for a search warrant under
25 section 86VG as substituted by section 139
of the Police Integrity Act 2008.
(8) A search warrant issued under section 86W
before the commencement day that is in
force immediately before that day is taken,
30 on and after that day, to be a search warrant
issued under section 86VG as substituted by
section 139 of the Police Integrity Act
2008.
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Part 8--Amendment of Police Regulation Act 1958 and other Acts
s. 142
(9) In this section--
commencement day means the day after the
day on which the Police Integrity Act
2008 receives the Royal Assent.".
5 142 Further amendments
(1) In section 3(1) of the Police Regulation Act
1958--
(a) in the definition of Director, for "section
102A(2)" substitute "section 6 of the Police
10 Integrity Act 2008";
(b) in the definition of Office of Police
Integrity, for "established by section
102A(1)" substitute "within the meaning of
the Police Integrity Act 2008";
15 (c) for the definition of member of staff of the
Office of Police Integrity substitute--
"member of staff of the Office of Police
Integrity has the same meaning as it
has in the Police Integrity Act 2008;".
20 (2) In section 69(1) of the Police Regulation Act
1958--
(a) after paragraph (ab) insert--
"(ac) fails to comply with a direction given
under section 47 of the Police Integrity
25 Act 2008; or";
(b) before paragraph (c) insert--
"(bc) fails to comply with a direction given
under Division 5 of Part 2 of the Police
Integrity Act 2008; or
30 (bd) refuses to consent to the use of
evidence derived from a sample in the
circumstances referred to in section 33
of the Police Integrity Act 2008; or".
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Part 8--Amendment of Police Regulation Act 1958 and other Acts
s. 142
(3) The note at the foot of section 85G(2) of the
Police Regulation Act 1958 is repealed.
(4) In section 86K of the Police Regulation Act
1958, for "the Director or any other" (wherever
5 occurring) substitute "any".
(5) Section 86KA of the Police Regulation Act 1958
is repealed.
(6) Sections 86KB and 86KC of the Police
Regulation Act 1958 are repealed.
10 (7) Division 1A of Part IVA of the Police Regulation
Act 1958 is repealed.
(8) In section 86L of the Police Regulation Act
1958--
(a) at the foot of section 86L(1) insert--
15 "Note
Complaints made to the Director are investigated
under Part 3 of the Police Integrity Act 2008.";
(b) subsections (5), (5A), (6), (7), (8) and (9) are
repealed.
20 (9) Sections 86LA(3) and (4) of the Police
Regulation Act 1958 are repealed.
(10) Section 86N of the Police Regulation Act 1958 is
repealed.
(11) Section 86NA of the Police Regulation Act 1958
25 is repealed.
(12) Sections 86P, 86PA, 86PB, 86PC, 86PD, 86PE
and 86PF of the Police Regulation Act 1958 are
repealed.
(13) In section 86Q(1) of the Police Regulation Act
30 1958, for "the Director or the Chief Commissioner
(as the case may be)" substitute "the Chief
Commissioner".
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Part 8--Amendment of Police Regulation Act 1958 and other Acts
s. 142
(14) Sections 86QA, 86R and 86S of the Police
Regulation Act 1958 are repealed.
(15) In section 86T of the Police Regulation Act
1958--
5 (a) at the foot of subsection (1) insert--
"Note
See section 48 of the Police Integrity Act 2008 for an
equivalent provision applicable in the case of a
complaint made to the Director.";
10 (b) subsection (2) is repealed;
(c) in subsection (3), for "Subsection (1) or (2)
does not apply if the Chief Commissioner or
the Director (as the case requires)"
substitute "Subsection (1) does not apply if
15 the Chief Commissioner".
(16) Section 86TA of the Police Regulation Act 1958
is repealed.
(17) Section 86U of the Police Regulation Act 1958 is
repealed.
20 (18) In section 86V(1)(b) of the Police Regulation Act
1958, after "under this Part" insert "or Part 3 of
the Police Integrity Act 2008".
(19) Division 2A of Part IVA of the Police Regulation
Act 1958 is repealed.
25 (20) Division 2B of Part IVA of the Police Regulation
Act 1958 is repealed.
(21) Division 3 of Part IVA of the Police Regulation
Act 1958 is repealed.
(22) Division 4 of Part IVA of the Police Regulation
30 Act 1958 is repealed.
(23) Part VB of the Police Regulation Act 1958 is
repealed.
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Part 8--Amendment of Police Regulation Act 1958 and other Acts
s. 143
(24) Sections 129A(2), (3) and (4) of the Police
Regulation Act 1958 are repealed.
(25) Sections 132, 133 and 135 of the Police
Regulation Act 1958 are repealed.
5 Division 2--Amendment of other Acts
143 Amendment of other Acts
An Act specified in the heading to an item in
Schedule 2 is amended, on the commencement of
that item or a provision of that item, as set out in
10 that item or provision.
Division 3--Repeal of Part
144 Self-repeal of Part
This Part and Schedule 2 are repealed on
31 December 2010.
15 Note
The repeal of this Part and Schedule 2 does not affect the
continuing operation of the amendments made by this Part or
Schedule 2 (see section 15(1) of the Interpretation of Legislation
Act 1984).
__________________
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SCHEDULES
SCHEDULE 1
Section 132
TRANSITIONAL PROVISIONS
5 1 Definitions
In this Schedule--
PRA means the Police Regulation Act 1958;
PRA investigation means an investigation under
Part IVA of the PRA.
10 2 General transitional provisions
(1) Except where the contrary intention appears, this
Schedule does not affect or take away from the
Interpretation of Legislation Act 1984.
(2) If a repealed provision of the PRA continues to
15 apply by force of this Schedule, the following
provisions also continue to apply in relation to the
provision--
(a) any other repealed provisions of the PRA
necessary to give effect to that continued
20 provision; and
(b) any regulation made under the PRA for the
purposes of that continued provision.
3 Director, Police Integrity
(1) The person who held the office of Director under
25 section 102AB of the PRA immediately before the
commencement of section 10 of this Act continues
to hold office as Director on and after that
commencement on the same terms and conditions
as if he or she had been appointed under
30 section 10 of this Act.
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(2) If the person referred to in subclause (1) has taken
the oath or made the affirmation that was required
by section 102D(1) of the PRA as in force
immediately before the commencement of
5 section 16 of this Act, he or she is taken to have
complied with the requirements of section 16 of
this Act.
4 Staff and consultants
(1) A person who was a member of staff of the Office
10 of Police Integrity immediately before the
commencement of section 17 of this Act, remains
a member of staff of the Office of Police Integrity
on and after that commencement on the same
terms and conditions that applied to his or her
15 employment or secondment immediately before
that commencement.
(2) A person who or body that was engaged in the
Office of Police Integrity under
section 102E(1)(b) of the PRA immediately
20 before the commencement of section 17 of this
Act, remains engaged in the Office of Police
Integrity on and after that commencement on the
same terms and conditions that applied to the
engagement immediately before that
25 commencement.
(3) If a person referred to in subclause (1) or (2), or a
member of a body referred to in subclause (2), or
an officer or employee of such a person or body
has taken the oath or made the affirmation that
30 was required by section 102D(2) or (3) of the
PRA as in force immediately before the
commencement of section 18 of this Act, he or
she is taken to have complied with the
requirements of section 18(1) or (2) of this Act
35 (as the case requires).
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5 Confidentiality
(1) A reference in section 22 of this Act to
information obtained or received by a member of
OPI personnel in the course of or as a result of the
5 performance of the functions of the Director under
this Act includes a reference to information
obtained or received by the person before the
commencement day in the course of, or as a result
of, the performance of the functions of the
10 Director under the PRA.
(2) A reference in section 23 of this Act to a restricted
matter includes a reference to the following--
(a) any evidence given before the Director
before the commencement day in the course
15 of a PRA investigation;
(b) the contents of any statement of information
or document, or a description of any thing,
produced to the Director before the
commencement day in the course of a PRA
20 investigation;
(c) the contents of any document, or a
description of any thing, seized under the
PRA before the commencement day;
(d) any information that might enable a person
25 who was examined before the Director in the
course of a PRA investigation before the
commencement day to be identified or
located;
(e) the fact that a person was examined before
30 the Director in the course of a PRA
investigation before the commencement day;
(f) the existence of a summons issued before the
commencement day under section 17 of the
Evidence Act 1958 for the purposes of a
35 PRA investigation;
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(g) the subject matter of a PRA investigation in
relation to which a summons was issued
under section 17 of the Evidence Act 1958
before the commencement day.
5 (3) A reference in section 24, 25, 26 or 27 of this Act
to information obtained or received in the course
of or as a result of the performance of the
functions of the Director under this Act includes a
reference to information obtained or received
10 before the commencement day in the course of, or
as a result of, the performance of the functions of
the Director under the PRA.
(4) In this clause--
commencement day means the day on which
15 Part 2 of this Act comes into operation.
6 Annual reports
(1) Sections 102J(1) and 102K of the PRA continue
to apply, despite their repeal, in relation to the
financial year ending before the commencement
20 of section 28 of this Act.
(2) For the purposes of the first annual report of the
Director under section 28 of this Act, a reference
in that section to the performance of the Director's
functions under this Act includes a reference to
25 the performance of his or her functions under the
PRA during the financial year to which that report
relates.
7 Complaints
(1) If, before the commencement day, the Director
30 had--
(a) received a complaint made under
section 86L of the PRA but not commenced
a PRA investigation into the complaint; or
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(b) commenced but not completed a PRA
investigation into a complaint made to the
Director under section 86L of the PRA--
the Director may investigate or complete the
5 investigation of that complaint on and after the
commencement day under Part 3 of this Act.
(2) In an investigation referred to in subclause (1), the
Director is entitled to have regard to any evidence
given or document or other thing produced in
10 relation to that investigation under Part IVA of the
PRA.
(3) Section 41 of this Act applies to a complaint if,
before the commencement day, the Director had
completed a PRA investigation into the complaint
15 but had not advised the complainant under
section 86T(2) of the PRA, unless the Director
had not advised the complainant under that section
because of section 86T(3) of the PRA.
(4) An application made under section 86U(1) of the
20 PRA before the commencement day that had not
been determined by the Supreme Court before that
day is to be determined under section 42 of this
Act as if it were an application under section 42(1)
of this Act.
25 (5) In this clause--
commencement day means the day on which
section 38 of this Act comes into operation.
8 Own motion investigations
(1) An investigation initiated by the Director under
30 section 86N of the PRA before the
commencement day that had not been completed
before that day may be continued and completed
by the Director on and after that day under Part 3
of this Act as if it were an investigation initiated
35 under section 44 of this Act.
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(2) An investigation may be initiated by the Director
under section 44 of this Act on or after the
commencement day even if the conduct or
anything else to which the investigation relates
5 occurred before the commencement day.
(3) In an investigation referred to in subclause (1), the
Director is entitled to have regard to any evidence
given or document or other thing produced in
relation to that investigation under Part IVA of the
10 PRA.
(4) In this clause--
commencement day means the day on which
section 44 of this Act comes into operation.
9 Direction to require answers etc. of police
15 (1) A direction given to a person under section 86Q of
the PRA for the purposes of a PRA investigation
that was in force immediately before the
commencement day is taken, on and after that
day, to be a direction given to the person under
20 section 47 of this Act for the purposes of an
investigation under Part 3 of this Act.
(2) In this clause--
commencement day means the day on which
section 47 of this Act comes into operation.
25 10 Witness summonses
(1) A summons issued under section 17 of the
Evidence Act 1958 in relation to a PRA
investigation that was in force immediately before
the commencement day is taken, on and after that
30 day, to be a witness summons issued under
section 53 of this Act for the purposes of an
examination, or attending the Director, under
Part 4 of this Act.
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(2) A notice given by the Director under
section 86KA(2) of the PRA before the
commencement day in respect of a summons
issued under section 17 of the Evidence Act 1958
5 is taken, on and after that day, to be a
confidentiality notice issued by the Director under
section 58 of this Act in respect of a witness
summons issued under section 53 of this Act.
(3) For the avoidance of doubt, for the purposes of
10 section 60 of this Act, a notice referred to in
subclause (2) is taken to have been given on the
day it was given under section 86KA(2) of the
PRA.
(4) In this clause--
15 commencement day means the day on which
section 53 of this Act comes into operation.
11 Witness already held in custody
(1) A direction given to a person under
section 86PE(2) of the PRA that was in force
20 immediately before the commencement day is
taken, on and after that day, to be a direction
given to the person under section 57(2) of this
Act.
(2) In this clause--
25 commencement day means the day on which
section 57 of this Act comes into operation.
12 Examinations
(1) If, immediately before the commencement day, a
person was attending the Director in the course of
30 a PRA investigation and had not been excused
from attendance, then on and after the
commencement day--
(a) the person is taken to be attending an
examination under Division 3 of Part 4 of
35 this Act; and
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(b) section 62 of this Act applies before any
question is asked of the person or the person
produces a document or other thing.
(2) In this clause--
5 commencement day means the day on which
Division 3 of Part 4 of this Act comes into
operation.
13 Further investigations
(1) Section 48 of this Act applies on and after the
10 commencement day to a request made by the
Director under section 86R(1) or (3) of the PRA
before the commencement day that has not been
fully complied with by the Chief Commissioner
before that day.
15 (2) In this clause--
commencement day means the day on which
section 48 of this Act comes into operation.
14 Chief Commissioner to respond to Director
(1) Section 49 of this Act applies on and after the
20 commencement day to a request referred to in
section 86S of the PRA made by the Director
before the commencement day unless the Chief
Commissioner had given a written response to the
Director in accordance with section 86S of the
25 PRA before that day.
(2) In this clause--
commencement day means the day on which
section 49 of this Act comes into operation.
15 Freedom of Information Act exemption
30 (1) A reference in section 51 of this Act to a
complaint investigated under Part 3 of this Act or
to an investigation under Part 3 is taken to include
a reference to a complaint investigated, or to an
investigation, under Part IVA of the PRA.
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(2) Section 51 of this Act applies to a document in the
possession of a relevant person or body, within the
meaning of that section, whether the document
came into the possession of the relevant person or
5 body before, on or after the commencement of
that section.
16 Legal professional privilege
(1) If, before the commencement day--
(a) a person made a claim of legal professional
10 privilege under section 86VAF of the PRA;
and
(b) the Director had not withdrawn the
requirement to produce the document or
applied to the Supreme Court under section
15 86VAG of the PRA--
the Director may, on or after the commencement
day--
(c) withdraw the requirement to produce the
document under section 71 of this Act; or
20 (d) apply to the Supreme Court under section 72
of this Act to determine the claim.
(2) If, before the commencement day--
(a) the Director applied to the Supreme Court
under section 86VAG of the PRA to
25 determine a privilege claim; and
(b) the Supreme Court had not determined the
claim under section 86VAH of the PRA--
the Supreme Court is to determine the claim on or
after the commencement day under section 73 of
30 this Act as if the Director had applied under
section 72 of this Act.
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(3) In this clause--
commencement day means the day on which
Division 4 of Part 4 of this Act comes into
operation.
5 17 Legal assistance for witnesses
(1) An approval of a law practice by the Secretary
under section 86VAA(2) of the PRA that was in
force immediately before the commencement day
continues in force on and after that day as if it
10 were an approval under section 75(2) of this Act.
(2) An approval by the Secretary under
section 86VAB of the PRA that was in force
immediately before the commencement day
continues in force on and after that day as if it
15 were an approval under section 76 of this Act.
(3) In this clause--
commencement day means the day on which
Division 5 of Part 4 of this Act comes into
operation.
20 18 Contempt of Director
(1) If--
(a) the Director issued a certificate of charge
under section 86KB(2)(a) of the PRA before
the commencement day; and
25 (b) the person charged with contempt had been
brought before the Supreme Court under
section 86KB(4)(a) of the PRA before the
commencement day; and
(c) the Supreme Court had not determined the
30 charge before the commencement day--
the charge is to be determined on or after the
commencement day by the Supreme Court under
86KB of the PRA as if that section had not been
repealed.
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(2) An arrest warrant issued under section
86KB(2)(b) of the PRA that is in force
immediately before the commencement day
continues in force in accordance with its terms on
5 and after that day as if it were an arrest warrant
issued under section 79(1)(b) of this Act.
(3) In this clause--
commencement day means the day on which
section 79 of this Act comes into operation.
10 19 Arrest of recalcitrant witness
(1) If--
(a) before the commencement day, the Director
applied to a magistrate under section
86PD(1) of the PRA for a warrant to arrest a
15 person; and
(b) the magistrate had not determined the
application before the commencement day--
the application is to be determined on or after the
commencement day under section 84 of this Act
20 as if it were an application for an arrest warrant
under that section.
(2) A warrant to arrest a person issued under
section 86PD(2) of the PRA that is in force
immediately before the commencement day
25 continues in force in accordance with its terms on
and after that day as if it were an arrest warrant
issued under section 84(2) of this Act.
(3) In this clause--
commencement day means the day on which
30 section 84 of this Act comes into operation.
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20 Powers of entry, search and seizure
(1) An authorisation of a person under
section 86VA(2) of the PRA that was in force
immediately before the commencement day is
5 taken, on and after that day, to be an authorisation
of the person under section 87(2) of this Act.
(2) If a document or thing seized under section 86VC
of the PRA before the commencement day has not
been returned under section 86VF of the PRA
10 before that day, section 92 of this Act applies to
the document or thing on and after that day as if
the document or thing had been seized under
section 89 of this Act.
(3) If an application under section 86VE(1) of the
15 PRA in relation to a document or thing seized
under section 86VC of the PRA had not been
determined before the commencement day, the
application is to be determined on or after that day
as if it were an application under section 91 of this
20 Act in relation to a document or other thing seized
under section 89 of this Act.
(4) An application for a search warrant made under
section 86VG of the PRA before the
commencement day that had not been determined
25 before that day is to be determined on or after that
day as if it were an application for a search
warrant under section 93 of this Act.
(5) A search warrant issued under section 86VG of
the PRA before the commencement day that is in
30 force immediately before that day is taken, on and
after that day, to be a search warrant issued under
section 93 of this Act.
(6) In this clause--
commencement day means the day on which
35 Division 8 of Part 4 of this Act comes into
operation.
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21 Protection of persons, documents and other things
(1) A reference in Division 10 of Part 4 of this Act to
a document or other thing that has come into a
person's possession in the performance of
5 functions under this Act includes a reference to a
document or other thing that has come into a
person's possession (whether before or after the
commencement day) in the performance of
functions under Part IVA of the PRA.
10 (2) A reference in section 105 of this Act--
(a) to an investigation includes a reference to a
PRA investigation;
(b) to a person who has been called, or who has
appeared, as a witness in an examination,
15 includes a reference to a person who has
been called, or who has appeared, as a
witness in a PRA investigation.
(3) A certificate given by the Director under
section 86KG(2) of the PRA that was in force
20 immediately before the commencement day
remains in force on and after that day as if it were
a certificate given by the Director under section
106(2) of this Act.
(4) An objection made before the commencement day
25 under section 86KH of the PRA to the production
or inspection of a document or other thing that has
not been determined under section 86KH of the
PRA before that day is to be determined under
section 107 of this Act.
30 (5) In this clause--
commencement day means the day on which
Division 10 of Part 4 of this Act comes into
operation.
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22 Reports to Special Investigations Monitor
(1) Section 115 of this Act applies on and after the
commencement day in relation to a summons
issued under section 17 of the Evidence Act 1958
5 in relation to a PRA investigation as if it were a
witness summons, unless the Director has given a
written report on the summons under section
86ZB of the PRA before that day.
(2) Section 116 of this Act applies on and after the
10 commencement day in relation to a warrant issued
under section 86KB(2)(b) or 86PD(2) of the PRA
as if it were a warrant issued under section 79
or 84 of this Act (as the case requires), unless the
Director has given a written report on the warrant
15 under section 86ZC of the PRA before that day.
(3) Section 117 of this Act applies on and after the
commencement day in relation to a person who
was attending the Director under Part IVA of the
PRA before that day as if the person were
20 attending the Director at an examination, or
otherwise, in relation to a witness summons, or
attending an examination voluntarily under this
Act, unless the Director has given a written report
in relation to the person under section 86ZD of the
25 PRA before that day.
(4) In this clause--
commencement day means the day on which
Part 5 of this Act comes into operation.
23 Complaints to Special Investigations Monitor
30 (1) A person referred to in section 86ZE(1) of the
PRA who, immediately before the commencement
day, could have made a complaint to the Special
Investigations Monitor under section 86ZE(2) of
the PRA may make a complaint to the Special
35 Investigations Monitor under section 118(2) of
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this Act as if he or she were a person referred to in
section 118(1) of this Act.
(2) A complaint referred to in subclause (1) may be
made within 90 days after the day on which the
5 person was excused from attendance under the
PRA.
(3) If, before the commencement day, the Special
Investigations Monitor had--
(a) received a complaint made under
10 section 86ZE of the PRA but not commenced
an investigation into the complaint; or
(b) commenced but not completed an
investigation into a complaint made to the
Special Investigations Monitor under
15 section 86ZE of the PRA--
the Special Investigations Monitor may
investigate or complete the investigation of that
complaint on and after the commencement day
under Part 5 of this Act.
20 (4) In this clause--
commencement day means the day on which
Part 5 of this Act comes into operation.
24 Other powers of Special Investigations Monitor
(1) A written notice given by the Special
25 Investigations Monitor that was in force under
section 86ZK(1) of the PRA immediately before
the commencement day remains in force on and
after that day as if it were a written notice given to
the person under section 124 of this Act.
30 (2) In this clause--
commencement day means the day on which
Part 5 of this Act comes into operation.
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25 Annual report by Special Investigations Monitor
(1) Section 86ZL(1) of the PRA continues to apply,
despite its repeal, in relation to the financial year
ending before the commencement of Part 5 of this
5 Act.
(2) For the purposes of the first annual report of the
Special Investigations Monitor under section 126
of this Act, a reference in that section to the
performance of the Special Investigations
10 Monitor's functions under this Act includes a
reference to the performance of his or her
functions under the PRA during the financial year
to which that report relates.
__________________
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SCHEDULE 2
Section 143
AMENDMENT OF ACTS
1 Commissioner for Law Enforcement Data Security
5 Act 2005
In section 13(1)(a), for "section 102A(2) of the
Police Regulation Act 1958" substitute
"section 7 of the Police Integrity Act 2008".
2 Confiscation Act 1997
10 In section 115(1AA), in the definition of the DPI,
for "section 102A(2) of the Police Regulation
Act 1958" substitute "section 7 of the Police
Integrity Act 2008".
3 Crimes Act 1958
15 3.1 In section 464ZGH(2)(g)(iv), for "Police
Regulation Act 1958" substitute "Police
Integrity Act 2008".
3.2 In section 464ZGK(2)(g)(iv), for "Police
Regulation Act 1958" substitute "Police
20 Integrity Act 2008".
4 Crimes (Assumed Identities) Act 2004
4.1 In section 3--
(a) in the definition of Director, for "section
102A(2) of the Police Regulation Act 1958"
25 substitute "section 7 of the Police Integrity
Act 2008";
(b) in the definition of Office of Police
Integrity, for "established by section
102A(1) of the Police Regulation Act 1958"
30 substitute "within the meaning of the Police
Integrity Act 2008".
561267B.I-13/3/2008 166 BILL LA INTRODUCTION 13/3/2008
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Sch. 2
4.2 In section 34(4)--
(a) omit "or 102F";
(b) after "1958" insert "and section 21 of the
Police Integrity Act 2008".
5 5 Crimes (Controlled Operations) Act 2004
5.1 In section 3--
(a) in the definition of Director, for "section
102A(2) of the Police Regulation Act 1958"
substitute "section 7 of the Police Integrity
10 Act 2008";
(b) in the definition of Office of Police
Integrity, for "established by section
102A(1) of the Police Regulation Act 1958"
substitute "within the meaning of the Police
15 Integrity Act 2008".
5.2 In section 36(1)(c)(iv), after "1958" insert
", the Police Integrity Act 2008".
5.3 In section 49, in proposed section 131Q(1)(c)(iv),
after "1958" insert ", the Police Integrity Act
20 2008".
5.4 In section 51, in proposed section 74M(1)(c)(iv),
after "1958" insert ", the Police Integrity Act
2008".
6 Drugs, Poisons and Controlled Substances Act 1981
25 In section 95, for "Police Regulation Act 1958"
(wherever occurring) substitute "Police Integrity
Act 2008".
7 Firearms Act 1996
7.1 Insert the following definitions in section 3(1)--
30 "Director, Police Integrity means the Director,
Police Integrity under section 7 of the Police
Integrity Act 2008;
561267B.I-13/3/2008 167 BILL LA INTRODUCTION 13/3/2008
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Sch. 2
member of staff of the Office of Police Integrity
has the same meaning as it has in the Police
Integrity Act 2008;".
7.2 After item 13 in Schedule 3 insert--
5 "
14 A member of When possessing, carrying or
staff of the Office using a firearm in the course
of Police of his or her official duties
Integrity. when authorised to do so by
the Director, Police Integrity
under Division 9 of Part 4 of
the Police Integrity Act 2008.
".
8 Magistrates' Court Act 1989
In clause 8(1)(b)(iva) of Schedule 5, for
"established by section 102A(1) of the Police
10 Regulation Act 1958" substitute "within the
meaning of the Police Integrity Act 2008".
9 Ombudsman Act 1973
Section 12(2) is repealed.
10 Sex Offenders Registration Act 2004
15 10.1 In section 3, in the definition of Director, for
"section 102A(2) of the Police Regulation Act
1958" substitute "section 7 of the Police
Integrity Act 2008".
10.2 In section 66C(2)--
20 (a) in paragraph (b), for "Police Regulation Act
1958" substitute "Police Integrity Act
2008";
(b) in paragraph (c), for "section 102D(3) of the
Police Regulation Act 1958" substitute
25 "section 18(2) of the Police Integrity Act
2008".
561267B.I-13/3/2008 168 BILL LA INTRODUCTION 13/3/2008
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Sch. 2
10.3 In section 66C(3), for "section 102D(3) of the
Police Regulation Act 1958" substitute
"section 18(2) of the Police Integrity Act 2008".
11 Surveillance Devices Act 1999
5 In section 3(1)--
(a) in the definition of Director, for "section
102A(2) of the Police Regulation Act 1958"
substitute "section 7 of the Police Integrity
Act 2008";
10 (b) in the definition of Office of Police
Integrity, for "established by section
102A(1) of the Police Regulation Act 1958"
substitute "within the meaning of the Police
Integrity Act 2008".
15 12 Telecommunications (Interception) (State
Provisions) Act 1988
12.1 In section 3(1)--
(a) in the definition of Director, for "section
102A(2) of the Police Regulation Act 1958"
20 substitute "section 7 of the Police Integrity
Act 2008";
(b) in the definition of Office of Police
Integrity, for "established by section
102A(1) of the Police Regulation Act 1958"
25 substitute "within the meaning of the Police
Integrity Act 2008";
(c) in paragraph (b) of the definition of
permitted purpose, for "Police Regulation
Act 1958" (wherever occurring) substitute
30 "Police Integrity Act 2008".
12.2 In section 3(1), for the definition of member of
staff of the Office of Police Integrity
substitute--
561267B.I-13/3/2008 169 BILL LA INTRODUCTION 13/3/2008
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Sch. 2
"member of staff of the Office of Police Integrity
has the same meaning as it has in the Police
Integrity Act 2008;".
13 Terrorism (Community Protection) Act 2003
5 13.1 In section 13F(10), for "Part IVA of the Police
Regulation Act 1958" substitute "section 7 of the
Police Integrity Act 2008".
13.2 In section 13L(7)(a), for "Part IVA of the Police
Regulation Act 1958" substitute "section 7 of the
10 Police Integrity Act 2008".
13.3 In section 13M(7)(a), for "Part IVA of the Police
Regulation Act 1958" substitute "section 7 of the
Police Integrity Act 2008".
13.4 In section 13P(7)(b), for "Police Regulation Act
15 1958" substitute "Police Integrity Act 2008".
13.5 In section 13ZC(2), for "Police Regulation Act
1958" substitute "Police Integrity Act 2008".
13.6 In section 13ZE, for "Police Regulation Act
1958" substitute "Police Integrity Act 2008".
20 13.7 In sections 13ZF(1)(c) and 13ZJ(2)(d)(ii), for
"or the Director, Police Integrity under Part IVA
of the Police Regulation Act 1958" substitute
", a complaint to the Director, Police Integrity
under Part IVA of the Police Regulation Act
25 1958 or an investigation by the Director, Police
Integrity under Part 3 of the Police Integrity Act
2008".
13.8 For section 13ZR(2)(d) substitute--
"(d) particulars of--
30 (i) any complaints made or referred during
the year to the Ombudsman under the
Ombudsman Act 1973;
561267B.I-13/3/2008 170 BILL LA INTRODUCTION 13/3/2008
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(ii) any complaints made or referred during
the year to the Director, Police Integrity
under Part IVA of the Police
Regulation Act 1958;
5 (iii) any investigations during the year by
the Director, Police Integrity under
Part 3 of the Police Integrity Act
2008--
in relation to the detention of a person under
10 a preventative detention order;".
13.9 In section 13ZS, after "Police Regulation Act
1958" insert "or Part 3 or 4 of the Police
Integrity Act 2008".
14 Whistleblowers Protection Act 2001
15 14.1 In section 3(1), in the definition of Director, for
"section 102A(2) of the Police Regulation Act
1958" substitute "section 7 of the Police
Integrity Act 2008".
14.2 In section 3(1), for the definition of member of
20 staff of the Office of Police Integrity
substitute--
"member of staff of the Office of Police Integrity
has the same meaning as it has in the Police
Integrity Act 2008;".
25 14.3 In section 26, for "despite anything to the contrary
in Part IVA of the Police Regulation Act 1958,
the subject-matter of the disclosure must be
investigated under this Act instead of under
Part IVA of the Police Regulation Act 1958"
30 substitute "despite anything to the contrary in
Part IVA of the Police Regulation Act 1958 or
Part 3 of the Police Integrity Act 2008, the
subject-matter of the disclosure must be
investigated under this Act instead of under
35 Part IVA of the Police Regulation Act 1958 or
Part 3 of the Police Integrity Act 2008".
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14.4 In section 61AA(1), in paragraph (c) of the
definition of authorised officer, for "section
102D(3) of the Police Regulation Act 1958"
substitute "section 18(2) of the Police Integrity
5 Act 2008".
14.5 In section 61AA(2), for "section 102D(3) of the
Police Regulation Act 1958" substitute "section
18(2) of the Police Integrity Act 2008".
14.6 In section 105A(a), for "section 102E(1)(b) of the
10 Police Regulation Act 1958" substitute "section
17(1)(b) of the Police Integrity Act 2008".
14.7 In section 105I, for "section 102E(1)(b) of the
Police Regulation Act 1958" substitute "section
17(1)(b) of the Police Integrity Act 2008".
15 14.8 In section 105J(1)(c), for "section 102E(1)(b) of
the Police Regulation Act 1958" substitute
"section 17(1)(b) of the Police Integrity Act
2008".
14.9 In section 105K(1), for "section 102E(1)(b) of the
20 Police Regulation Act 1958" substitute "section
17(1)(b) of the Police Integrity Act 2008".
14.10 In section 105L(2)(a), for "section 102E(1)(b) of
the Police Regulation Act 1958" substitute
"section 17(1)(b) of the Police Integrity Act
25 2008".
14.11 Section 105M is repealed.
14.12 In section 107(1)--
(a) in paragraph (e), for "section 102D(3) of the
Police Regulation Act 1958" substitute
30 "section 18(2) of the Police Integrity Act
2008";
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Sch. 2
(b) in paragraphs (f) and (g)--
(i) for "section 102E(1)(b) of the Police
Regulation Act 1958" substitute
"section 17(1)(b) of the Police
5 Integrity Act 2008";
(ii) for "section 102D(3)" substitute
"section 18(2)".
14.13 In section 109(2), in paragraph (e) of the
definition of relevant person or body, for "section
10 102E(1)(b) of the Police Regulation Act 1958"
substitute "section 17(1)(b) of the Police
Integrity Act 2008".
15 Witness Protection Act 1991
In section 3(1), in the definition of Director, for
15 "section 102A(2) of the Police Regulation Act
1958" substitute "section 7 of the Police
Integrity Act 2008".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561267B.I-13/3/2008 174 BILL LA INTRODUCTION 13/3/2008
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