Victorian Numbered Acts

POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - NOTES

No. 34 of 2008

__________________

Victoria

Police Integrity Act 2008^[†]

No. 34 of 2008

[Assented to 1 July 2008]

^[†]     Minister's second reading speech—

    Legislative Assembly: 13 March 2008

    Legislative Council: 10 April 2008

    The long title for the Bill for this Act was "A Bill for an Act to re-establish the Office of Police Integrity, to set out the functions of the Office and of the Director, Police Integrity, to amend the Police Regulation Act 1958 and other Acts and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 13 March 2008

    Legislative Council: 10 April 2008

    Absolute majorities:

    Legislative Assembly: 9 April 2008

    Legislative Council: 24 June 2008

INDEX

Subject	Section
Act
amendment of other Acts	143, Sch. 2
amendment of Police Regulation Act 1958	133–142
commencement	2
Crown bound by	4
prevails over Ombudsman Act 1973	128
purpose	1
regulations	37, 77, 131
repeal	144
transitional provisions	132, Sch. 1
Alcohol and drug testing – OPI personnel
confidentiality of test results	35
definitions	30
directions to undergo testing	31, 33
directions when member unable to comply	33
Director's actions as result of testing	32
evidence obtained from samples	33, 34
regulations regarding	37
Arrest	79, 84, 116
Authorised officers	87–90
Bail	80, 85
Chief Commissioner
definition	3
powers, duties regarding
detention of persons charged with contempt	81
detention of recalcitrant witnesses	86
investigations	40, 48
search warrants	98
secondment of Victoria Police to OPI	19, 20
Complaints
advice to complainant of results of investigations	41
application of Division 1 of Part 3	38
as disclosure under Whistleblowers Protection Act 2001	39
made to Director	39
made to Special Investigations Monitor	118–121
jurisdiction	42
referral to Chief Commissioner	40
regulations	131
resolution by conciliation	40
Contempt of Director	78, 79, 82, 83
Critical incidents	30, 110
Defensive equipment	102
Subject	Section
Definitions	3, 21, 23, 24, 30, 34, 51, 58, 67, 75, 79, 87, 91, 99, 100, 101, 104, 105, 129
Director, Police Integrity
acting Director	15, 16
appointment	10
coercive powers (def.)	3
contempt of	78
delegation	21
establishment	7
independent officer	9
oath, affirmation	16
objects, functions, powers	8, 9
powers, duties regarding
alcohol and drug testing of OPI personnel	31–33, 35
annual reports	28, 29
arrest	79, 84
assistance to Special Investigations Monitor	122
authorised officers	87
detention of persons	81, 85
disclosure of information	23–27
letters by, to people in custody	129
privilege claims	100
recalcitrant witnesses	84–86
recommendations made by Special Investigations Monitor	121
referral of matters to DPP	112
reports to Special Investigations Monitor	115–117
search warrants	93, 94
secondment of Victoria Police to OPI	17, 19, 20
seizure	90–92, 96
staff	17, 18
remuneration, allowances	11
suspension, removal from office	14
terms and conditions of appointment	12
vacancy, resignation	13
See also Examinations; Investigations; Witness summonses
Entry, search and seizure
copies of documents seized	90
of Special Investigations Monitor	123
police to assist authorised officers	98
powers of authorised officers regarding public authorities	88, 89
privilege claims regarding search warrants	99–101
return of things seized	91, 92, 96
with search warrant	93–98
Subject	Section
Evidence	33, 34
Examinations
arrest warrants for witnesses	84
conduct	61
evidence in
Crown privilege	74
inadmissibility	67, 69
legal professional privilege	62, 70–73
self-incrimination privilege	62, 69
taking of	66
failure to attend, answer questions, produce documents	68, 78
holding of	65
information for witnesses	62
legal assistance for witnesses	75–77
preliminary requirements	62
representation of witnesses at	62, 64
secrecy provisions	74
video-recording	67
witnesses under 16	62, 63
witnesses under 18	62, 64
witnesses with mental impairment	64
Firearms	103
Freedom of Information Act 1982	51
Imprisonment	57, 81, 86
Investigations
application of Division 2 of Part 3	43
conducted by Chief Commissioner	40, 48, 49
conducted by Director
advice to complainant on completion	41
consultation with Chief Commissioner	45
exemption from Freedom of Information Act 1982	51
not affected by proceedings	46
on own motion	44
power to demand information, documents	47
reports	50
protection of legal practitioners, witnesses	111
referral of matters to DPP	112
regarding
breaches of discipline	47
complaints made to Special Investigations Monitor	120
police corruption	44
policies, practices, procedure of Victoria Police	44
use of defensive equipment, firearms during	102, 103
Subject	Section
Offences and penalties
regarding
confidentiality notices	59
contempt of Director	78, 83
disclosure of identifying information	36
disclosure of information	22
disclosure of restricted matters	23
examinations	68, 73
failure to comply with directions of Director	113
false, misleading statements	113, 124
letters by, to people in custody	129
non-compliance with Special Investigations Monitor	124
obstruction, hindrance of Director	113
opening sealed documents	101
Office of Police Integrity
continuation of	5
disclosure of information	22
functions, powers	6
personnel - alcohol, drug testing of	31
secondment of Victoria Police	19, 20
staff	17, 18
Police custody	57, 79, 81, 86
Protected documents, things	105–108
Protected persons
critical incidents	110
definition	104
general protection of	109
production of protected documents, things by	106, 107
Public authorities	3, 88, 89
Regulations	37, 77, 131
Secretary	75, 76
Special counsel	108
Special Investigations Monitor
annual report	126
complaints regarding examinations	118–120
definition	3
delegation	127
powers of entry, access to OPI	123
privileges do not apply to OPI personnel	125
recommendations to Director	121
reports by Director to	115–117
requirement to answer questions, produce documents	124
role under Part 5 of Act	114
Supreme Court
limitation of jurisdiction	130
powers regarding
contempt of Director	82
jurisdiction of Director	42
proceedings against protected persons	109
Subject	Section
Transitional provisions	132, Sch. 1
Victoria Police	3, 19, 20, 98
Witness summonses
application to investigations	52
confidentiality notices	58, 59, 60
directed to persons in custody	57
directed to persons under 16	55
form	54
issue by Director	53
matters stated in, required by	54
reports to Special Investigations Monitor on	115, 117
service	56
See also Investigations