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Crime Statistics Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Part 1 of the Bill provides for preliminary matters, including the purpose,
commencement and definitions.
Clause 1 sets out the main purpose of the Bill, which is to provide for the
publication of crime statistics and the employment of a Chief
Statistician for that purpose.
Clause 2 provides for the Bill's commencement arrangements.
All provisions, except Division 3 of Part 4, will come into effect
on a day or days to be proclaimed, with a default commencement
date of 1 June 2015.
Division 3 of Part 4, which makes amendments that are
consequential on the Victoria Police Act 2013, will commence
on the later of--
· the day on which section 7(4) comes into operation; and
· the day on which section 278 of the Victoria Police Act
2013 comes into operation.
This is to ensure that the reference to the Police Regulation Act
1958 in the Bill will be updated when the relevant provisions of
the Bill or the new Victoria Police Act 2013 commence,
whichever occurs later.
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Clause 3 contains definitions of terms used in the Bill including the
meaning of Chief Statistician.
Clause 3 defines law enforcement data to have the same
meaning as in the Commissioner for Law Enforcement Data
Security Act 2005. That is, any information obtained, received
or held by Victoria Police for the purpose of law enforcement
functions or activities, for the enforcement of laws relating to the
confiscation of proceeds of crime, in connection with
proceedings in any court or tribunal or for the purposes of
community policing.
PART 2--CHIEF STATISTICIAN
Part 2 of the Bill deals with the employment of the Chief Statistician, staff
and consultants necessary for the purposes of the Act. It sets out the
functions and powers of the Chief Statistician, gives the Chief Statistician
access to law enforcement data and creates offences for unauthorised access,
use and disclosure of information.
Clause 4 provides that the Secretary to the Department of Justice may
employ a person under Part 3 of the Public Administration Act
2004 to be the Chief Statistician for the purposes of this Act.
Clause 5 lists the functions of the Chief Statistician as follows--
· to publish and release statistical information relating to
crime in Victoria;
· to undertake research into and analysis of crime and
criminal justice issues and trends in Victoria;
· any other functions conferred on the Chief Statistician
under this or any other Act.
Clause 5 also provides that 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.
Clause 6 provides for the employment of staff and consultants necessary
for the purposes of the Act.
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Clause 7 deals with the Chief Statistician's access to law enforcement data.
Subclause (1) gives the Chief Statistician free and full access, at
all reasonable times, to law enforcement data as is necessary for
the performance of his or her functions under the Act and permits
the taking of copies or extracts of law enforcement data.
This provision is designed to ensure that the Chief Statistician
has adequate and reliable standing access to data relating to crime
for the purposes of publishing crime statistics and analysing
crime and criminal justice trends.
Subclause (2) requires the Chief Commissioner to give the Chief
Statistician access to law enforcement data except under the
circumstances set out in subclause (3).
Subclause (3) sets out 4 grounds on which the Chief
Commissioner can rely to deny access to the Chief Statistician
to law enforcement data. These exceptions are designed to
safeguard the operational independence of the Chief
Commissioner and protect public safety and relate to--
· prejudicing criminal investigations or law enforcement;
· prejudicing legal proceedings or legal professional
privilege;
· disclosing confidential sources;
· endangering lives or physical safety.
Subclause (4) provides that the Chief Commissioner cannot
delegate any powers, functions or duties under this provision,
except to a Deputy Commissioner.
Clause 8 provides that it is a summary offence for someone who is, or was,
the Chief Statistician or an employee or consultant employed or
engaged under clause 6 to, without reasonable excuse, access, use
or disclose any information obtained in the performance of
functions under this Act except for the purposes of this Act or in
connection with the performance of functions under this Act.
It is a reasonable excuse if the person took reasonable steps not to
access, use or disclose the information.
The maximum penalty for this offence is 240 penalty units or
imprisonment for 2 years or both.
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Clause 9 provides that it is an indictable offence for someone who is, or
was, the Chief Statistician or an employee or consultant
employed or engaged under clause 6 to access, use or disclose
any information obtained in the performance of functions under
this Act if he or she knows or is reckless as to whether the
information may be used to--
· endanger the life or physical safety of any person; or
· commit, or assist in the commission of, an indictable
offence; or
· impede or interfere with the administration of justice.
The maximum penalty for this offence is 600 penalty units or
imprisonment for 5 years or both.
Clause 16 amends Schedule 2 to the Criminal Procedure Act
2009, providing that this offence can be heard and determined
summarily.
PART 3--GENERAL
This Part deals with regulations.
Clause 10 provides the Governor in Council with a general regulation
making power and a specific power to make regulations in
relation to fees and charges for services provided by the Chief
Statistician.
PART 4--CONSEQUENTIAL AND RELATED AMENDMENTS
This Part deals with consequential and related amendments to other Acts and
an amendment to this Act as a consequence of the Victoria Police Act 2013.
Division 1--Commissioner for Law Enforcement Data Security
Act 2005
Clause 11 amends section 1 of the Commissioner for Law Enforcement
Data Security Act 2005 to expand the purpose of that Act to
include the promotion of appropriate and secure management
practices of crime statistics data by the Chief Statistician.
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Clause 12 amends section 3 of the Commissioner for Law Enforcement
Data Security Act 2005 to insert--
· a definition of the term Chief Statistician, which has the
same meaning as in the Crime Statistics Act 2014;
· a new definition of the term crime statistics data, which
defines the set of information in relation to which the
Commissioner for Law Enforcement Data Security
(the Commissioner) can promote the use of appropriate
and secure management practices. It includes two types
of information--
· law enforcement data obtained from the Chief
Commissioner under section 7 of the Crime
Statistics Act 2014; and
· information derived from this law enforcement
data by the Chief Statistician, staff or consultants
in the performance of functions under the Crime
Statistics Act 2014, excluding crime statistics
information published under section 5(1)(a) of
the Crime Statistics Act 2014.
· a new definition of the term crime statistics data
system, which means any database kept by the Chief
Statistician containing crime statistics data.
Clause 13 amends section 11 of the Commissioner for Law Enforcement
Data Security Act 2005, extending the scope of the
Commissioner's functions to include crime statistics data and
crime statistics data systems. The effect of this amendment is
that the Commissioner's functions will also include--
· establishing appropriate standards for the security and
integrity of crime statistics data systems; and
· establishing appropriate standards and protocols for
access to, and the release of, crime statistics data; and
· conducting monitoring activities, including audits, to
monitor compliance with the standards and protocols,
and referring the findings of monitoring activities
conducted to appropriate persons or bodies for further
action; and
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· undertaking reviews of any matters relating to crime
statistics data security requested by the Minister or the
Chief Statistician.
Clause 14 amends section 12 of the Commissioner for Law Enforcement
Data Security Act 2005 to provide the Commissioner with free
and full access to crime statistics data and systems for the
performance of functions under that Act.
The Chief Statistician may refuse to provide the Commissioner
with access to crime statistics data or systems on the same
grounds as those set out for the Chief Commissioner to refuse to
provide law enforcement data to the Commissioner under
section 12(3) of the Commissioner for Law Enforcement Data
Security Act 2005.
Clause 15 amends section 14 of the Commissioner for Law Enforcement
Data Security Act 2005 to provide that the Chief Statistician
must provide any assistance that the Commissioner requires to
perform his or her functions under that Act.
Division 2--Criminal Procedure Act 2009
Clause 16 amends Schedule 2 to the Criminal Procedure Act 2009 to
provide that an offence under clause 9 may be heard and
determined summarily.
Division 3--Amendment consequential on Victoria Police
Act 2013
Clause 17 makes an amendment consequential on the Victoria Police Act
2013. Upon commencement of the Victoria Police Act 2013,
section 19 of that Act will replace section 6A of the Police
Regulation Act 1958 in providing for the Chief Commissioner's
power to delegate his or her duties, functions and powers.
Clause 17 amends section 7(4) of the Crime Statistics Act 2014
to replace the reference to section 6A of the Police Regulation
Act 1958 with a reference to section 19 of the Victoria Police
Act 2013.
See clause 2 for the special commencement arrangements for this
amendment, which rely on the commencement of the Victoria
Police Act 2013.
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Division 4--Repeal of Part
Clause 18 provides for the repeal of Part 4 after its amendments have all
commenced. Section 15(1) of the Interpretation of Legislation
Act 1984 provides for the continuing operation of the
amendments.
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