SURVEILLANCE DEVICES ACT 1999 - SECT 30F Permitted use of local protected information
SURVEILLANCE DEVICES ACT 1999 - SECT 30F
Permitted use of local protected information(1) Local protected information may be used, communicated or published if it is necessary to do so for any of the following purposes—
(a) the investigation of an offence;
(b) the making of a decision whether or not to bring a relevant proceeding in respect of an offence;
(c) a relevant proceeding in respect of an offence;
(d) an investigation of a complaint against, or the conduct of, a public officer within the meaning of this Act or a public officer within the meaning of a corresponding law;
(e) the making of a decision in relation to the appointment, re-appointment, term of appointment, termination or retirement of a person referred to in paragraph (d);
(f) the keeping of records and the making of reports by a law enforcement agency in accordance with the obligations imposed by Division 2;
S. 30F(1)(g) amended by No. 82/2012 s. 139.
(g) an inspection by the Victorian Inspectorate under section 30P;
(ga) an inspection by the Commonwealth Ombudsman under a provision of a corresponding law that corresponds to section 30P;
S. 30F(1)(h) amended by No. 60/2014 s. 140(Sch. 3 item 45.1).
(h) an investigation under the Privacy and Data Protection Act 2014 or the law of a participating jurisdiction or of the Commonwealth concerning the privacy of personal information.
S. 30F(1A) inserted by No. 54/2017 s. 7(1).
(1A) Without limiting subsection (1), local protected information obtained from the use of a body-worn camera or a tablet computer by a police officer or an ambulance officer acting in the course of the officer's duty may be used, communicated or published for—
(a) the education and training of police officers or ambulance officers, as the case requires; or
(b) any prescribed purpose.
S. 30F(1B) inserted by No. 54/2017 s. 7(1).
(1B) Without limiting subsection (1), local protected information obtained from the use of a body-worn camera or a tablet computer by a prescribed person, or a person belonging to a prescribed class of persons, acting in the course of the person's duties in the prescribed circumstances may be used, communicated or published for—
(a) the education and training of prescribed persons or persons belonging to the same class of prescribed persons; or
(b) any prescribed purpose.
(2) Subsection (1)(a), (b) and (c) do not authorise the use, communication or publication of protected information in respect of an emergency authorisation unless the use of powers under that authorisation has been approved under section 30.
(3) A reference in subsection (1) to an offence (whether of this jurisdiction or any other jurisdiction) is a reference to any offence, whether or not the offence in respect of which the relevant warrant or emergency authorisation was issued or given.
(4) In this section—
S. 30F(4)
def. of local protected information amended by No. 54/2017 s. 7(2).
"local protected information" means—
(a) any information obtained from the use of a surveillance device under a warrant or emergency authorisation; or
(b) any information relating to—
(i) an application for, issue of, existence of or expiry of a warrant or emergency authorisation; or
(ii) an application for approval of powers exercised under an emergency authorisation; or
(c) any information obtained from the use of a body-worn camera or a tablet computer by a police officer or an ambulance officer acting in the course of the officer's duty; or
(d) any information obtained from the use of a body-worn camera or a tablet computer by a prescribed person, or a person belonging to a prescribed class of persons, acting in the course of the person's duties in the prescribed circumstances.
S. 30G inserted by No. 26/2004 s. 13.