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This is a Bill, not an Act. For current law, see the Acts databases.


CRIME STATISTICS BILL 2014

                    Crime Statistics Act 2014
                            No.           of 2014


                       TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
 1       Main purpose                                                       1
 2       Commencement                                                       1
 3       Definitions                                                        2

PART 2--CHIEF STATISTICIAN                                                  3
 4       Chief Statistician                                                 3
 5       Functions and powers of Chief Statistician                         3
 6       Staff and consultants                                              3
 7       Access to law enforcement data                                     4
 8       Unauthorised access to, use of or disclosure of information--
         summary offence                                                    5
 9       Unauthorised access to, use of or disclosure of information--
         indictable offence                                                 6

PART 3--GENERAL                                                             7
 10      Regulations                                                        7

PART 4--CONSEQUENTIAL AND RELATED AMENDMENTS                                8
Division 1--Commissioner for Law Enforcement Data Security
Act 2005                                                                    8
 11      Purpose                                                            8
 12      Definitions                                                        8
 13      Functions                                                          9
 14      Powers                                                            10
 15      Chief Commissioner of Police may provide assistance               11
Division 2--Criminal Procedure Act 2009                                    12
 16      New item 3B inserted in Schedule 2                                12
         3B     Crime Statistics Act 2014                                  12
Division 3--Amendment consequential on Victoria Police Act 2013            12
 17      Access to law enforcement data                                    12




                                      i

 


 

Clause Page Division 4--Repeal of Part 12 18 Repeal of Part 12 ENDNOTES 13 ii

 


 

Crime Statistics Act 2014 No. of 2014 [Assented to ] The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Main purpose The main purpose of this Act is to provide for the publication of crime statistics and the employment of a Chief Statistician for that purpose. 2 Commencement (1) Subject to subsection (3), this Act, other than Division 3 of Part 4, comes into operation on a day or days to be proclaimed. 1

 


 

Crime Statistics Act 2014 No. of 2014 Part 1--Preliminary s. 3 (2) Division 3 of Part 4 comes into operation on the later of-- (a) the day on which section 7(4) comes into operation; and (b) the day on which section 278 of the Victoria Police Act 2013 comes into operation. (3) If a provision of this Act, other than Division 3 of Part 4, does not come into operation before 1 June 2015, it comes into operation on that day. 3 Definitions In this Act-- Chief Statistician means the person employed as Chief Statistician for the purposes of this Act; law enforcement data has the same meaning as in the Commissioner for Law Enforcement Data Security Act 2005; Secretary means the Secretary to the Department of Justice. __________________ 2

 


 

Crime Statistics Act 2014 No. of 2014 Part 2--Chief Statistician s. 4 PART 2--CHIEF STATISTICIAN 4 Chief Statistician The Secretary may employ a person under Part 3 of the Public Administration Act 2004 to be the Chief Statistician for the purposes of this Act. 5 Functions and powers of Chief Statistician (1) The Chief Statistician has the following functions-- (a) to publish and release statistical information relating to crime in Victoria; (b) to undertake research into and analysis of crime and criminal justice issues and trends in Victoria; (c) any other functions conferred on the Chief Statistician under this or any other Act. (2) The Chief Statistician has all the powers necessary to perform his or her functions, including the powers conferred on him or her under this or any other Act. 6 Staff and consultants (1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004. (2) The Secretary may engage persons with suitable qualifications and experience as consultants to assist the Chief Statistician in the performance of the Chief Statistician's functions. (3) An engagement under this section may be on any terms and conditions the Secretary considers appropriate. 3

 


 

Crime Statistics Act 2014 No. of 2014 Part 2--Chief Statistician s. 7 7 Access to law enforcement data (1) The Chief Statistician-- (a) may require the Chief Commissioner of Police to give the Chief Statistician free and full access at all reasonable times to any law enforcement data (including any document on which law enforcement data is recorded) as is necessary to enable the Chief Statistician to perform his or her functions; and (b) despite anything to the contrary in any other Act or law, may make copies of or take extracts from any data or document accessed under paragraph (a). (2) Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Chief Statistician under subsection (1)(a). (3) The Chief Commissioner of Police may refuse to comply with a requirement of the Chief Statistician under subsection (1)(a) if the Chief Commissioner considers that giving access to the data 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; or (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 or client legal privilege; or 4

 


 

Crime Statistics Act 2014 No. of 2014 Part 2--Chief Statistician s. 8 (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; or (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) Despite anything to the contrary in section 6A of the Police Regulation Act 1958, a duty, function or power of the Chief Commissioner of Police under this section cannot be delegated under that section to any person other than a Deputy Commissioner. 8 Unauthorised access to, use of or disclosure of information--summary offence (1) A regulated person must not, without reasonable excuse, access, use or disclose any information obtained by the regulated person in the performance of functions under this Act except for the purposes of this Act or otherwise in connection with the performance of functions under this Act. Penalty: 240 penalty units or imprisonment for 2 years or both. (2) Without limiting what may be a reasonable excuse, it is a reasonable excuse if the regulated person took reasonable steps not to access, use or disclose the information. Note See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof. 5

 


 

Crime Statistics Act 2014 No. of 2014 Part 2--Chief Statistician s. 9 (3) In this section-- regulated person means a person who is or was-- (a) the Chief Statistician; or (b) an employee or consultant referred to in section 6. 9 Unauthorised access to, use of or disclosure of information--indictable offence (1) A regulated person must not access, use or disclose any information obtained by the regulated person in the performance of functions under this Act if the regulated person knows or is reckless as to whether the information may be used (whether by the regulated person or any other person) to-- (a) endanger the life or physical safety of any person; or (b) commit, or assist in the commission of, an indictable offence; or (c) impede or interfere with the administration of justice. Penalty: 600 penalty units or imprisonment for 5 years or both. (2) An offence against subsection (1) is an indictable offence. (3) In this section-- regulated person has the same meaning as in section 8. __________________ 6

 


 

Crime Statistics Act 2014 No. of 2014 Part 3--General s. 10 PART 3--GENERAL 10 Regulations (1) The Governor in Council may make regulations-- (a) prescribing fees or charges that may be imposed for the provision of services by the Chief Statistician; and (b) prescribing any other matter or thing that is required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations for the imposition of fees may be exercised by providing for all or any of the following matters-- (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value and time; (e) the waiver or reduction of fees. __________________ 7

 


 

Crime Statistics Act 2014 No. of 2014 Part 4--Consequential and Related Amendments s. 11 PART 4--CONSEQUENTIAL AND RELATED AMENDMENTS Division 1--Commissioner for Law Enforcement Data Security Act 2005 11 Purpose See: At the end of section 1 of the Commissioner for Act No. 84/2005. Law Enforcement Data Security Act 2005 Reprint No. 1 insert-- as at 6 May 2010 and "(2) Another purpose of this Act is to promote the amending use by the Chief Statistician of appropriate Act No. 82/2012. and secure management practices for crime LawToday: statistics data.". www. legislation. vic.gov.au 12 Definitions Insert the following definitions in section 3 of the Commissioner for Law Enforcement Data Security Act 2005-- "Chief Statistician has the same meaning as in the Crime Statistics Act 2014; crime statistics data means-- (a) any law enforcement data obtained by the Chief Statistician from the Chief Commissioner of Police under section 7 of the Crime Statistics Act 2014; or (b) any information derived from data referred to in paragraph (a) by the Chief Statistician or an employee or consultant referred to in section 6 of the Crime Statistics Act 2014 in the performance of functions under that Act, other than information published by the Chief Statistician under section 5(1)(a) of that Act; 8

 


 

Crime Statistics Act 2014 No. of 2014 Part 4--Consequential and Related Amendments s. 13 crime statistics data system means a database kept by the Chief Statistician (whether in computerised or other form and however described) containing crime statistics data;". 13 Functions (1) In section 11(1) of the Commissioner for Law Enforcement Data Security Act 2005-- (a) in paragraph (a), after "systems" insert "and crime statistics data systems"; (b) in paragraph (b), after "data" (where twice occurring) insert "and crime statistics data"; (c) after paragraph (e) insert-- "(ea) to undertake reviews of any matters relating to crime statistics data security requested by the Minister or the Chief Statistician;". (2) In section 11(2) of the Commissioner for Law Enforcement Data Security Act 2005, after "subsection (1)(a) and (b)" insert "in relation to law enforcement data and law enforcement data systems". (3) After section 11(2) of the Commissioner for Law Enforcement Data Security Act 2005 insert-- "(3) The Commissioner for Law Enforcement Data Security must consult with the Chief Statistician when establishing standards and protocols under subsection (1)(a) and (b) in relation to crime statistics data and crime statistics data systems.". 9

 


 

Crime Statistics Act 2014 No. of 2014 Part 4--Consequential and Related Amendments s. 14 14 Powers (1) In section 12(1) of the Commissioner for Law Enforcement Data Security Act 2005-- (a) after paragraph (a) insert-- "(ab) to require the Chief Statistician to give the Commissioner free and full access at all reasonable times to any crime statistics data (including any document on which crime statistics data is recorded) or any crime statistics data system as is necessary to enable the Commissioner to perform his or her functions under this Act;"; (b) in paragraph (b), after "paragraph (a)" insert "or (ab)". (2) After section 12(4) of the Commissioner for Law Enforcement Data Security Act 2005 insert-- "(5) Subject to subsection (6), the Chief Statistician must comply with a requirement of the Commissioner for Law Enforcement Data Security under subsection (1)(ab). (6) The Chief Statistician may refuse to comply with a requirement of the Commissioner for Law Enforcement Data Security under subsection (1)(ab) if the Chief Statistician 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; or 10

 


 

Crime Statistics Act 2014 No. of 2014 Part 4--Consequential and Related Amendments s. 15 (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 or client legal privilege; or (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; or (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.". 15 Chief Commissioner of Police may provide assistance (1) For the heading to section 14 of the Commissioner for Law Enforcement Data Security Act 2005 substitute-- "Assistance by Chief Commissioner of Police and Chief Statistician". (2) In section 14 of the Commissioner for Law Enforcement Data Security Act 2005, after "the Chief Commissioner of Police" insert "or the Chief Statistician, or both,". 11

 


 

Crime Statistics Act 2014 No. of 2014 Part 4--Consequential and Related Amendments s. 16 Division 2--Criminal Procedure Act 2009 16 New item 3B inserted in Schedule 2 See: In Schedule 2 to the Criminal Procedure Act Act No. 7/2009. 2009, after item 3A insert-- Reprint No. 3 as at "3B Crime Statistics Act 2014 1 March 2013 and Offences under section 9 of the Crime amending Act Nos Statistics Act 2014.". 12/2013, 22/2013, 32/2013, 56/2013, 67/2013 and 77/2013. LawToday: www. legislation. vic.gov.au Division 3--Amendment consequential on Victoria Police Act 2013 17 Access to law enforcement data In section 7(4) of this Act, for "section 6A of the Police Regulation Act 1958" substitute "section 19 of the Victoria Police Act 2013". Division 4--Repeal of Part 18 Repeal of Part This Part is repealed on 1 June 2016. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 12

 


 

Crime Statistics Act 2014 No. of 2014 Endnotes ENDNOTES Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to provide for the publication of crime statistics and the employment of a Chief Statistician for that purpose, to amend the Commissioner for Law Enforcement Data Security Act 2005 and for other purposes." 13

 


 

 


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