Victorian Consolidated Legislation

Commissioner for Law Enforcement Data Security Act 2005 - SECT 12

Powers

12. Powers



(1) The Commissioner for Law Enforcement Data Security has the following
powers-

   (a)  to require the Chief Commissioner of Police to give the Commissioner
        free and full access at all reasonable times to any law enforcement
        data (including any document on which law enforcement data is
        recorded) or any law enforcement data system as is necessary to enable
        the Commissioner to perform his or her functions under this Act;

   (b)  despite anything to the contrary in any other Act or law, to make
        copies of, or take extracts from, any data or document accessed under
        paragraph (a);

   (c)  to do all things that are reasonably necessary to be done for or in
        connection with the Commissioner's functions.

(2) Subject to subsection (3), the Chief Commissioner of Police must comply
with a requirement of the Commissioner for Law Enforcement Data Security under
subsection (1)(a).

(3) The Chief Commissioner of Police may refuse to comply with a requirement
of the Commissioner for Law Enforcement Data Security under subsection (1)(a)
if the Chief Commissioner considers that giving access to that data or system
would, or would be reasonably likely to-

   (a)  prejudice the investigation of a breach or possible breach of the law
        or prejudice the enforcement or proper administration of the law in a
        particular instance;





   (b)  prejudice the fair trial of a person or the impartial adjudication of
        a particular case or disclose data that is of such a nature that it
        would be privileged from production in legal proceedings on the ground
        of legal professional privilege;

   (c)  disclose, or enable a person to ascertain, the identity of a
        confidential source of information in relation to the enforcement or
        administration of the law;

   (d)  endanger the lives or physical safety of persons engaged in or in
        connection with law enforcement or persons who have provided
        confidential information in relation to the enforcement or
        administration of the law.

(4) Section 6A of the Police Regulation Act 1958 does not apply to any power,
discretion, function, authority or duty of the Chief Commissioner of Police
under this section.

Note Under section 6(1) of the Police Regulation Act 1958 any power,
discretion, function, authority or duty of the Chief Commissioner of Police
under this section may be exercised by a Deputy Commissioner.