POLICE INTEGRITY ACT 2008

Victorian Consolidated Legislation

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POLICE INTEGRITY ACT 2008

No. 34 of 2008
Version incorporating amendments as at 22 June 2011

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Act binds the Crown

PART 2-OFFICE OF POLICE INTEGRITY

Division 1-Office of Police Integrity

5. Office of Police Integrity
6. Functions and powers

Division 2-Director, Police Integrity

7. Director, Police Integrity
8. Objects, functions and powers of Director
9. Independence of Director
10. Appointment of Director
11. Remuneration and allowances
12. Terms and conditions
13. Vacancy and resignation
14. Suspension and removal from office
15. Acting appointment
16. Oath or affirmation by Director and Acting Director

Division 3-Staffing and other matters

17. Staffing
18. Oath or affirmation by staff and contractors
19. Secondment of police
20. Effect of secondment
21. Delegation by Director

Division 4-Confidentiality and reporting

22. Disclosure by Office of Police Integrity personnel
23. Disclosure by others
24. Disclosure of information to law enforcement agencies and corresponding authorities
25. Disclosure of information to the Privacy Commissioner
26. Disclosure of information to the Ombudsman
27. Disclosure of information to the Auditor-General
28. Annual and other reports to Parliament
29. Transmission of reports to Parliament

Division 5-Testing of OPI personnel for alcohol or drugs of dependence

30. Definitions
31. Testing of members of OPI personnel in certain circumstances
32. Director may have regard to evidence in certain circumstances
33. Taking of sample when member is unconscious or otherwise unable to comply with direction
34. Admissibility of test result in certain proceedings
35. Confidentiality of test results
36. Offence to disclose identifying information
37. Regulations

PART 3-POLICE COMPLAINTS AND INVESTIGATIONS

Division 1-Complaints

38. Application of Division
39. Whistleblowers Protection Act 2001 applies to certain
complaints
40. Dealing with complaints
41. Advice to complainant
42. Jurisdiction

Division 2-Investigations

43. Application of Division
44. Own motion investigations
45. Consultation with Chief Commissioner
46. Investigation when other proceedings on foot
47. Power to require police to give information and documents and answer questions
48. Further investigations
49. Chief Commissioner to respond to Director
50. Report on investigation
51. Exemption from Freedom of Information Act 1982.
51A. Director and staff may prosecute
51B. Immunity

PART 4-GENERAL INVESTIGATORY POWERS

Division 1-Preliminary

52. Application of Part

Division 2-Witness summonses

53. Witness summons
54. Content and form of witness summons
55. Witness summons directed to person under 16.
56. Service of witness summons
57. Witness already held in custody
58. Confidentiality of witness summons
59. Person must comply with confidentiality notice
60. When does confidentiality notice cease to have effect?

Division 3-Examinations

61. Director may conduct examinations
62. Preliminary requirements
63. Witness under 16.
64. Representation of witness
65. Private and public examinations
65A. Person may be examined without summons
66. Taking of evidence
67. Video-recording of examination
68. Failure of witnesses to attend and answer questions

Division 4-Privileges and secrecy provisions

69. Privilege against self-incrimination abrogated
70. Legal professional privilege
71. Procedure for determining claims of legal professional
privilege
72. Application to court to determine legal professional privilege
73. Determination of legal professional privilege
74. Secrecy provisions and Crown privilege

Division 5-Legal assistance for witnesses

75. Definitions
76. Provision of legal assistance to witnesses
77. Regulations

Division 6-Contempt

78. What constitutes contempt of Director?
79. Charging and arresting a person for contempt
80. Bail pending court appearance for contempt
81. Custody pending court appearance for contempt
82. Supreme Court to deal with contempt
83. No double jeopardy

Division 7-Arrest of recalcitrant witnesses

84. Warrant to arrest of recalcitrant witnesses
85. Bail for person arrested
86. Person held in custody

Division 8-Powers of entry, search and seizure

87. Definitions
88. Power to enter public authority premises
89. Power to seize documents or things at public authority
premises
90. Copying of, access to or receipt for things seized
91. Application for return of things seized
92. Return of things seized
93. Powers with search warrant
94. Procedure for executing warrant
95. Copies or receipts to be given
96. Return of documents and other things
97. Assistance in executing search warrants
98. Police must provide reasonable assistance
99. Privilege claims in relation to search warrants
100. Application to court to determine privilege
101. Determination of privilege claims

Division 9-Defensive equipment and firearms

102. Authority to possess, carry and use defensive equipment for investigative purposes
102A. Authority to possess, carry and use defensive equipment for training purposes
102B. Authority to acquire, store and maintain defensive
equipment
103. Authority to possess, carry and use firearms for investigative purposes
103A. Authority to acquire, dispose of, store and maintain
firearms
103B. Authority to possess, carry and use firearms for training purposes
103C. Director to notify Chief Commissioner of acquisition or disposal
103D. Storage of firearms
103E. Storage of cartridge ammunition
103F. Requirement to notify Chief Commissioner of loss etc.

Division 10-Protection of persons, documents and other things

104. Who is a protected person?
105. What is a protected document or other thing?
106. Protected documents and other things-legal proceedings other than criminal proceedings
107. Production and inspection of protected documents and
things-criminal proceedings
108. Appointment of special counsel
109. General protection of protected persons
109A. Compellability of protected persons as witnesses
110. Protection of protected persons in relation to critical incidents
111. Protection of legal practitioners and witnesses

Division 11-General

112. Referral of matters to DPP
113. Offences

PART 5-OVERSIGHT BY SPECIAL INVESTIGATIONS MONITOR

114. Role of Special Investigations Monitor
115. Director must report summonses to Special Investigations Monitor
116. Director must report arrest warrants to Special Investigations Monitor
117. Director must report other matters to Special Investigations Monitor
118. Complaints to Special Investigations Monitor
119. Special Investigations Monitor may refuse to investigate complaint
120. Investigation of complaints
121. Recommendations by Special Investigations Monitor
122. Requirement to provide assistance
123. Powers of entry and access
124. Requirement to answer questions and produce documents
125. Privileges do not apply
126. Annual and other reports by Special Investigations Monitor
127. Delegation

PART 6-GENERAL

128. Provisions of this Act prevail
129. Letters by people in custody
130. Supreme Court-limitation of jurisdiction
131. Regulations

PART 7-TRANSITIONAL PROVISIONS

132. Transitional provisions

PART 8-Repealed

Divisions 1-3-Repealed

133-144 Repealed
__________________
SCHEDULE 1-Transitional Provisions
1. Definitions
2. General transitional provisions
3. Director, Police Integrity
4. Staff and consultants
5. Confidentiality
6. Annual reports
7. Complaints
8. Own motion investigations
9. Direction to require answers etc. of police
10. Witness summonses
11. Witness already held in custody
12. Examinations
13. Further investigations
14. Chief Commissioner to respond to Director
15. Freedom of Information Act exemption
16. Legal professional privilege
17. Legal assistance for witnesses
18. Contempt of Director
19. Arrest of recalcitrant witness
20. Powers of entry, search and seizure
21. Protection of persons, documents and other things
22. Reports to Special Investigations Monitor
23. Complaints to Special Investigations Monitor
24. Other powers of Special Investigations Monitor
25. Annual report by Special Investigations Monitor
SCHEDULE 2-Repealed
1-15 Repealed
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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