Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 39

Annual report by Special Investigations Monitor

39. Annual report by Special Investigations Monitor





(1) The Special Investigations Monitor in relation to a law enforcement agency
must, as soon as practicable after 30 June in each year, prepare a report of
the work and activities of the agency under this Act for the preceding 12
months and give a copy of the report to the Minister and to the chief officer
of the agency.

(2) The report-

   (a)  must include, for each law enforcement agency concerned, comments on
        the comprehensiveness and adequacy of the reports which were provided
        to the Special Investigations Monitor by the chief officer of the law
        enforcement agency under section 38; and

   (b)  must not disclose any information that identifies any suspect or a
        participant in an operation or that is likely to lead to such a person
        or participant being identified.

(3) The chief officer must advise the Special Investigations Monitor of any
information in the report that, in the chief officer's opinion, should be
excluded from the report before the report is laid before Parliament because
the information, if made public, could reasonably be expected to-

   (a)  endanger a person's safety; or

   (b)  prejudice an investigation or prosecution; or

   (c)  compromise any law enforcement agency's operational activities or
        methodologies.

(4) The Special Investigations Monitor must exclude information from the
report if satisfied on the advice of the chief officer of any of the grounds
set out in subsection (3).

(5) The Special Investigations Monitor must transmit the report to each House
of Parliament as soon as practicable after the earlier of-

   (a)  the day on which the Special Investigations Monitor received the chief
        officer's advice under subsection (3);

   (b)  14 days after the day the Special Investigations Monitor gave the
        report to the chief officer.

(6) Nothing in this section requires particulars of an authorised operation to
be included in a report for a year if the operation had not been completed as
at 30 June in that year, but the particulars must instead be included in the
report for the year in which the operation is completed.