CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 39 Annual report by Victorian Inspectorate
CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 39
Annual report by Victorian InspectorateS. 39(1) amended by Nos 39/2008 s. 4, 7/2010 s. 5, 82/2012 s. 89(2).
(1) The Victorian Inspectorate must, as soon as practicable after receipt of the report of 30 June in each year of the Chief Officer of a law enforcement agency, 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—
S. 39(2)(a) amended by Nos 39/2008 s. 4, 82/2012 s. 89(2).
(a) must include, for each law enforcement agency concerned, comments on the comprehensiveness and adequacy of the reports which were provided to the Victorian Inspectorate 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.
S. 39(3) amended by Nos 39/2008 s. 4, 82/2012 s. 89(2).
(3) The chief officer must advise the Victorian Inspectorate 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.
S. 39(4) amended by Nos 39/2008 s. 4, 82/2012 s. 89(2).
(4) The Victorian Inspectorate 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).
S. 39(5) amended by Nos 39/2008 s. 4, 82/2012 s. 89(2).
(5) The Victorian Inspectorate must transmit the report to each House of Parliament as soon as practicable after the earlier of—
S. 39(5)(a) amended by Nos 39/2008 s. 4, 82/2012 s. 89(2).
(a) the day on which the Victorian Inspectorate received the chief officer's advice under subsection (3);
S. 39(5)(b) amended by Nos 39/2008 s. 4, 82/2012 s. 89(2).
(b) 14 days after the day the Victorian Inspectorate 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.