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POLICE INFORMANTS ROYAL COMMISSION IMPLEMENTATION MONITOR ACT 2021 - SECT 26

Implementation reports

    (1)     An Implementation Monitor must prepare an implementation report for each of the following reporting periods—

        (a)     30 November 2020 to 30 June 2021;

        (b)     1 July to 30 June in any subsequent year until the implementation of the RCMPI recommendations is complete.

    (2)     An Implementation Monitor may prepare additional implementation reports as required.

    (3)     For the purposes of this section, if there are 2 Implementation Monitors, the implementation report must be prepared jointly.

    (4)     Each implementation report must specify or include—

        (a)     the progress of responsible agencies in implementing the RCMPI recommendations in the relevant reporting period; and

        (b)     an assessment of the adequacy of that implementation; and

        (c)     advice as to what further measures may be required to ensure the RCMPI recommendations are fully implemented within the specified timeframes.

    (5)     If an Implementation Monitor intends to include in an implementation report the following information, the Implementation Monitor must first provide an opportunity to respond in accordance with subsection (6)—

        (a)     information that is adverse to a person or responsible agency;

        (b)     information that the Implementation Monitor has obtained from a responsible agency in the performance of the Implementation Monitor's functions under this Act or any other Act.

    (6)     Before including the information specified in subsection (5) in an implementation report, the Implementation Monitor must—

        (a)     give the person or responsible agency at least 14 days to respond; and

        (b)     if the information intended to be included in the implementation report is adverse to the person or responsible agency, fairly set out any response given under paragraph (a) in the report.

    (7)     An Implementation Monitor must ensure that an implementation report does not contain information that the Implementation Monitor reasonably believes would—

        (a)     reveal sensitive law enforcement methods; or

        (b)     prejudice an ongoing police investigation, or a prosecution or an appeal; or

        (c)     prejudice an ongoing IBAC investigation, prosecution or appeal; or

        (d)     prejudice the safety or security of any person; or

        (e)     disclose a deliberation or decision of Cabinet that has not been officially published; or

        (f)     be otherwise contrary to the public interest.

    (8)     An Implementation Monitor must give a copy of each implementation report to the Attorney-General each year by 30 September.

    (9)     The Attorney-General may give a copy of an implementation report provided under subsection (8) to—

        (a)     the Premier; and

        (b)     the Minister responsible for administering the Victoria Police Act 2013 .



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