Victorian Numbered Acts

POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  

   PART 2--OFFICE OF POLICE INTEGRITY

           Division 1--Office of Police Integrity

   5.      Office of Police Integrity  
   6.      Functions and powers  

           Division 2--Director, Police Integrity

   7.      Director, Police Integrity  
   8.      Objects, functions and powers of Director  
   9.      Independence of Director  
   10.     Appointment of Director  
   11.     Remuneration and allowances  
   12.     Terms and conditions  
   13.     Vacancy and resignation  
   14.     Suspension and removal from office  
   15.     Acting appointment  
   16.     Oath or affirmation by Director and Acting Director  

           Division 3--Staffing and other matters

   17.     Staffing  
   18.     Oath or affirmation by staff and contractors  
   19.     Secondment of police  
   20.     Effect of secondment  
   21.     Delegation by Director  

           Division 4--Confidentiality and reporting

   22.     Disclosure by Office of Police Integrity personnel  
   23.     Disclosure by others  
   24.     Disclosure of information to law enforcement agencies and corresponding authorities  
   25.     Disclosure of information to the Privacy Commissioner  
   26.     Disclosure of information to the Ombudsman  
   27.     Disclosure of information to the Auditor-General  
   28.     Annual and other reports to Parliament  
   29.     Transmission of reports to Parliament  

           Division 5--Testing of OPI personnel for alcohol or drugs of dependence

   30.     Definitions  
   31.     Testing of members of OPI personnel in certain circumstances  
   32.     Director may have regard to evidence in certain circumstances  
   33.     Taking of sample when member is unconscious or otherwise unable to comply with direction  
   34.     Admissibility of test result in certain proceedings  
   35.     Confidentiality of test results  
   36.     Offence to disclose identifying information  
   37.     Regulations  

   PART 3--POLICE COMPLAINTS AND INVESTIGATIONS

           Division 1--Complaints

   38.     Application of Division  
   39.     Whistleblowers Protection Act 2001 applies to certain complaints  
   40.     Dealing with complaints  
   41.     Advice to complainant  
   42.     Jurisdiction  

           Division 2--Investigations

   43.     Application of Division  
   44.     Own motion investigations  
   45.     Consultation with Chief Commissioner  
   46.     Investigation when other proceedings on foot  
   47.     Power to require police to give information and documents and answer questions  
   48.     Further investigations  
   49.     Chief Commissioner to respond to Director  
   50.     Report on investigation  
   51.     Exemption from Freedom of Information Act 1982  

   PART 4--GENERAL INVESTIGATORY POWERS

           Division 1--Preliminary

   52.     Application of Part  

           Division 2--Witness summonses

   53.     Witness summons  
   54.     Content and form of witness summons  
   55.     Witness summons directed to person under 16  
   56.     Service of witness summons  
   57.     Witness already held in custody  
   58.     Confidentiality of witness summons  
   59.     Person must comply with confidentiality notice  
   60.     When does confidentiality notice cease to have effect?  

           Division 3--Examinations

   61.     Director may conduct examinations  
   62.     Preliminary requirements  
   63.     Witness under 16  
   64.     Representation of witness  
   65.     Private and public examinations  
   66.     Taking of evidence  
   67.     Video-recording of examination  
   68.     Failure of witnesses to attend and answer questions  

           Division 4--Privileges and secrecy provisions

   69.     Privilege against self-incrimination abrogated  
   70.     Legal professional privilege  
   71.     Procedure for determining claims of legal professional privilege  
   72.     Application to court to determine legal professional privilege  
   73.     Determination of legal professional privilege  
   74.     Secrecy provisions and Crown privilege  

           Division 5--Legal assistance for witnesses

   75.     Definitions  
   76.     Provision of legal assistance to witnesses  
   77.     Regulations  

           Division 6--Contempt

   78.     What constitutes contempt of Director?  
   79.     Charging and arresting a person for contempt  
   80.     Bail pending court appearance for contempt  
   81.     Custody pending court appearance for contempt  
   82.     Supreme Court to deal with contempt  
   83.     No double jeopardy  

           Division 7--Arrest of recalcitrant witnesses

   84.     Warrant to arrest of recalcitrant witnesses  
   85.     Bail for person arrested  
   86.     Person held in custody  

           Division 8--Powers of entry, search and seizure

   87.     Definitions  
   88.     Power to enter public authority premises  
   89.     Power to seize documents or things at public authority premises  
   90.     Copying of, access to or receipt for things seized  
   91.     Application for return of things seized  
   92.     Return of things seized  
   93.     Powers with search warrant  
   94.     Procedure for executing warrant  
   95.     Copies or receipts to be given  
   96.     Return of documents and other things  
   97.     Assistance in executing search warrants  
   98.     Police must provide reasonable assistance  
   99.     Privilege claims in relation to search warrants  
   100.    Application to court to determine privilege  
   101.    Determination of privilege claims  

           Division 9--Defensive equipment and firearms

   102.    Authority to possess, carry and use defensive equipment  
   103.    Authority to possess, carry and use firearms  

           Division 10--Protection of persons, documents and other things

   104.    Who is a protected person?  
   105.    What is a protected document or other thing?  
   106.    Protected documents and other things—legal proceedings other than criminal proceedings  
   107.    Production and inspection of protected documents and things—criminal proceedings  
   108.    Appointment of special counsel  
   109.    General protection of protected persons  
   110.    Protection of protected persons in relation to critical incidents  
   111.    Protection of legal practitioners and witnesses  

           Division 11--General

   112.    Referral of matters to DPP  
   113.    Offences  

   PART 5--OVERSIGHT BY SPECIAL INVESTIGATIONS MONITOR

   114.    Role of Special Investigations Monitor  
   115.    Director must report summonses to Special Investigations Monitor  
   116.    Director must report arrest warrants to Special Investigations Monitor  
   117.    Director must report other matters to Special Investigations Monitor  
   118.    Complaints to Special Investigations Monitor  
   119.    Special Investigations Monitor may refuse to investigate complaint  
   120.    Investigation of complaints  
   121.    Recommendations by Special Investigations Monitor  
   122.    Requirement to provide assistance  
   123.    Powers of entry and access  
   124.    Requirement to answer questions and produce documents  
   125.    Privileges do not apply  
   126.    Annual and other reports by Special Investigations Monitor  
   127.    Delegation  

   PART 6--GENERAL

   128.    Provisions of this Act prevail  
   129.    Letters by people in custody  
   130.    Supreme Court—limitation of jurisdiction  
   131.    Regulations  

   PART 7--TRANSITIONAL PROVISIONS

   132.    Transitional provisions  

   PART 8--AMENDMENT OF POLICE REGULATION ACT 1958 AND OTHER ACTS

           Division 1--Amendment of Police Regulation Act 1958

   133.    Definitions  
   134.    Repeal of current protection provisions  
   135.    New Division 1A inserted in Part IVA  
   136.    Evidence in Director investigations  
   137.    New section 86PF inserted  
   138.    New Divisions 2A and 2B inserted in Part IVA  
   139.    New Division 3 substituted in Part IVA  
   140.    Supreme Court—limitation of jurisdiction  
   141.    New section 136 inserted  
   142.    Further amendments  

           Division 2--Amendment of other Acts

   143.    Amendment of other Acts  

           Division 3--Repeal of Part

   144.    Self-repeal of Part  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES