Victorian Numbered Regulations

PUBLIC INTEREST MONITOR REGULATIONS 2023 (SR NO 4 OF 2023) - REG 20

    (1)     The circumstances under which a Public Interest Monitor is not reasonably able to be contacted in relation to a periodic review include the following—

        (a)     a nominated senior police officer has made reasonable attempts to comply with the notification requirements under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 and the regulations made under that Act but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;

        (b)     a nominated senior police officer has notified a Public Interest Monitor under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 and the regulations made under that Act but a Public Interest Monitor has not tested the content and sufficiency of the information to be relied on or made any submissions in relation to the conduct of the periodic review.

    (2)     A notification that a periodic review has proceeded without a Public Interest Monitor must be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—

        (a)     in a double-sealed envelope by a member of Victoria Police personnel;

        (b)     in a double-sealed envelope by a secure courier;

        (c)     email;

        (d)     hand delivery by a member of Victoria Police personnel.

    (3)     A notification under subregulation (2) must specify the following details—

        (a)     the unique identifying number of the police detention decision to which the periodic review relates;

        (b)     the date and time of the periodic review;

        (c)     the outcome of the periodic review.

    (4)     If a nominated senior police officer is required to give a Public Interest Monitor information requested by the Public Interest Monitor, the nominated senior police officer must do so by notifying the Public Interest Monitor—

        (a)     as soon as practicable after the request is made; and

        (b)     by secure delivery.

Note

See sections 4K(3)(b)(ii) and 4M of the Terrorism (Community Protection) Act 2003 .

    (5)     A notification under subregulation (4) must—

        (a)     specify the unique identifying number of the police detention decision to which the periodic review relates; and

        (b)     include a copy of the requested information.