Victorian Numbered Acts Victorian Numbered ActsAfter Part 9 of the Whistleblowers Protection Act 2001 insert —
The role of the Special Investigations Monitor under this Part is to—
(a) monitor compliance with this Act by the Director, members of staff of the Office of Police Integrity and persons engaged by the Director under section 102E(1)(b) of the Police Regulation Act 1958 ; and
(b) assess the questioning of persons attending the Director in the course of an investigation under Part 5 or 7 concerning the relevance of the questioning and its appropriateness in relation to the purpose of the investigation; and
(c) assess requirements made by the Director for persons to produce documents or other things in the course of an investigation under Part 5 or 7 concerning the relevance of the requirements and their appropriateness in relation to the purpose of the investigation; and
(d) investigate any complaints made to the Special Investigations Monitor under this Part; and
(e) formulate recommendations and make reports as a result of performing functions under paragraphs (a), (b), (c) and (d).
The Director must give a written report to the Special Investigations Monitor within 3 days after the issue of a summons under section 17 of the Evidence Act 1958 in relation to an investigation by the Director under Part 5 or 7, setting out—
(a) the name of the person summoned; and
(b) the reasons the summons was issued.
The Director must give a written report to the Special Investigations Monitor within 3 days after the issue of a warrant under section 61H(2)(b) or 61K(2), setting out—
(a) the reasons the warrant was issued; and
(b) the relevance of the warrant to the purpose of the investigation in relation to which it was issued.
(1) This section applies if—
(a) a person attends the Director in the course of an investigation by the Director under Part 5 or 7 in compliance with a summons issued under section 17 of the Evidence Act 1958 ; or
(b) a person attending the Director voluntarily in the course of an investigation by the Director under Part 5 or 7 is required—
(i) to be sworn or to make an affirmation; or
(ii) to answer a question; or
(c) a person attends the Director in the course of an investigation by the Director under Part 5 or 7 and the Director issues a certificate under section 61B(3) in relation to the provision of information, production of a document or thing or the giving of evidence by the person.
(2) As soon as practicable after the person is excused from attendance, the Director must give a written report to the Special Investigations Monitor, setting out—
(a) the reasons the person attended and the place and time the person attended; and
(b) the name of the person and of any other person who was present during the attendance; and
(c) the relevance of the attendance to the purpose of the investigation; and
(d) if sub-section (1)(c) applies—
(i) the reasons why the certificate was issued; and
(ii) the relevance of the certificate to the purpose of the investigation; and
(e) any other prescribed matters.
(3) A report under sub-section (2) must be accompanied by a copy of the video-recording made under section 61BA and, if a transcript is prepared, a copy of the transcript.
(1) This section applies to a person who has
attended the Director in the course of an investigation by the Director under
Part 5 or 7 for the purposes of providing information, producing a document or
thing or giving evidence (whether voluntarily or in answer to a summons issued
under section 17 of the Evidence Act 1958 or otherwise).
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(2) The person may make a complaint to the Special Investigations Monitor, within 3 days after the person was excused from attendance, that the person was not afforded adequate opportunity to convey his or her appreciation of the relevant facts to the Director.
(3) A complaint may be made orally or in writing.
The Special Investigations Monitor may refuse to investigate a complaint if he or she considers that—
(a) the subject-matter of the complaint is trivial; or
(b) the complaint is frivolous or vexatious or is not made in good faith.
(1) The Special Investigations Monitor must investigate a complaint unless he or she refuses to investigate it under section 105F.
(2) For the purposes of the investigation of a complaint the Special Investigations Monitor—
(a) may, but is not required to, hold a hearing; and
(b) may obtain information from any persons and in any manner he or she considers appropriate; and
(c) may regulate the procedure as he or she thinks fit.
(3) An investigation, including any hearing, is to be conducted in private.
(4) The Special Investigations Monitor may commence or continue to investigate a complaint despite the fact that any proceedings are on foot, or are instituted, in any court or tribunal that relate to or are otherwise connected with the subject-matter of the complaint.
(5) If the Special Investigations Monitor is or becomes aware that proceedings referred to in sub-section (5) are on foot or have been instituted, the Special Investigations Monitor must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.
(1) The Special Investigations Monitor may at any time make recommendations to the Director as to the taking of any action that the Special Investigations Monitor considers should be taken.
(2) Without limiting sub-section (1), recommended action may include—
(a) taking steps to prevent any conduct from continuing or occurring in the future;
(b) taking action to remedy any harm or loss arising from any conduct.
(3) The Special Investigations Monitor may require the Director to give a report to the Special Investigations Monitor, within the time specified by the Special Investigations Monitor stating—
(a) whether or not the Director has taken, or proposes to take, any action recommended by the Special Investigations Monitor; and
(b) if the Director has not taken any recommended action, or proposes not to take any recommended action, the reasons for not taking or proposing to take the action.
(4) The Director must comply with a requirement of the Special Investigations Monitor under sub-section (3).
The Director must give, and must ensure that each member of staff of the Office of Police Integrity and each person engaged under section 102D(1)(b) of the Police Regulation Act 1958 gives, the Special Investigations Monitor any assistance the Special Investigations Monitor reasonably requires to enable the Special Investigations Monitor to perform functions under this Act.
(1) For the purpose of performing his or her functions under this Part, the Special Investigations Monitor—
(a) after notifying the Director, may enter at any reasonable time premises occupied by the Office of Police Integrity; and
(b) is entitled to have full and free access at all reasonable times to all records of the Office of Police Integrity that are relevant to the performance of the Special Investigations Monitor's functions; and
(c) may require the Director, a member of staff of the Office of Police Integrity or a person engaged under section 102D(1)(b) of the Police Regulation Act 1958 to give the Special Investigations Monitor any information that the Special Investigations Monitor considers necessary, being information—
(i) that is in the person's possession, or to which the person has access; and
(ii) that is relevant to the performance of the Special Investigations Monitor's functions.
(2) The Special Investigations Monitor may exercise a power under this section only if he or she considers that the Director has wilfully—
(a) failed to provide information that the Director is required to provide in a report to the Special Investigations Monitor under this Part; or
(b) failed to comply with section 105I.
(1) The Special Investigations Monitor may, by written notice, require the Director, a member of staff of the Office of Police Integrity or a person engaged under section 102D(1)(b) of the Police Regulation Act 1958 to—
(a) attend the Special Investigations Monitor at a specified time and place to answer any questions or provide any information; or
(b) produce any document or other thing that is in the person's possession or control and that is relevant to the functions of the Special Investigations Monitor under this Part.
(2) A person who is given a notice under sub-section (1) must not, without reasonable excuse—
(a) fail to attend or to produce any document or other thing as required by the notice; or
(b) refuse or fail to answer a question that he or she is required to answer by the Special Investigations Monitor; or
(c) refuse or fail to provide any information that he or she is required to provide by the Special Investigations Monitor.
(3) A person who is given a notice under sub-section (1) must not give any answer or provide any information that he or she knows is false or misleading in a material particular.
(4) A person who contravenes sub-section (2) or (3) is guilty of an indictable offence and is liable to level 6 imprisonment (5 years maximum).
(5) The Special Investigations Monitor may exercise a power under this section only if he or she considers that the Director has wilfully—
(a) failed to provide information that the Director is required to provide in a report to the Special Investigations Monitor under this Part; or
(b) failed to comply with section 105I.
(1) As soon as practicable after the end of each financial year, the Special Investigations Monitor must cause a report to be laid before each House of the Parliament in relation to the performance of the Special Investigations Monitor's functions under this Part.
(2) The report must include details of the following matters—
(a) compliance with this Act during the financial year by the Director, members of staff of the Office of Police Integrity and persons engaged by the Director under section 102E(1)(b) of the Police Regulation Act 1958 ; and
(b) the extent to which—
(i) any questions asked of person summoned; and
(ii) any requirements to produce documents or other things under a summons—
during the financial year were relevant to the investigation in relation to
which the questions were asked or the requirements were made; and
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(c) the comprehensiveness and adequacy of reports made to the Special Investigations Monitor by the Director under this Part during the financial year; and
(d) the extent to which action recommended by the Special Investigations Monitor to be taken by the Director has been taken during the financial year.
(3) The Special Investigations Monitor may at any time cause a report to be laid before each House of the Parliament on any matter relevant to the performance of the Special Investigations Monitor's functions under this Part.
(4) A report under this section must not contain any information that identifies, or is likely to identify—
(a) any person who has attended the Director in the course of an investigation by the Director under Part 5 or 7; or
(b) the nature of any ongoing investigation under this Act or any ongoing investigation by the police force or members of the police force.
(1) The Special Investigations Monitor must cause a report to be laid before each House of the Parliament on the operation of this Part.
(2) The report must be laid before each House after the second anniversary of the commencement of this Part but before the third anniversary of that commencement.
(3) The report must include the opinion of the Special Investigations Monitor as to—
(a) the need for the Director to have the powers conferred in him by sections 54(2), 61B(1) and (3), 61BB, 61BC, 61BD, 61BE, 61C, 61G, 61H, 61K and 61L; and
(b) the adequacy of the performance of the Director, members of staff of the Office of Police Integrity and persons engaged by the Director under section 102E(1)(b) of the Police Regulation Act 1958 in exercising those powers.
(4) The report under this section must not contain any information that identifies, or is likely to identify—
(a) any person who has attended the Director in the course of an investigation under Part 5 or 7; or
(b) the nature of any ongoing investigation under this Act or any ongoing investigation by the police force or members of the police force.".