{"id":"family-violence-reform-implementation-monitor-act-2016","name":"Family Violence Reform Implementation Monitor Act 2016","slug":"family-violence-reform-implementation-monitor-act-2016","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173985,"registerId":"vic-family-violence-reform-implementation-monitor-act-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Violence Reform Implementation Monitor Act 2016","content":"Version No. 002\n\n**Family Violence Reform Implementation Monitor Act 2016**\n\n**No. 74 of 2016**\n\nVersion incorporating amendments as at  \n10 February 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Determination of agency 4\n\n5 Publication of the Implementation Plan 4\n\nPart 2—The Family Violence Reform Implementation Monitor 6\n\n6 Establishment 6\n\n7 Appointment 6\n\n8 Remuneration and allowances 6\n\n9 Terms and conditions 6\n\n10 Acting appointment 7\n\n11 Vacancy, resignation or suspension 7\n\n12 Suspension and removal 8\n\n13 Independence of the Implementation Monitor 9\n\n14 Functions of the Implementation Monitor 9\n\n15 Ministerial request for advice 11\n\n16 Powers of the Implementation Monitor 11\n\n17 Power to require information to be given 11\n\n18 Power of entry and inspection 12\n\n19 Duty to cooperate 13\n\n20 Constraints on access to information not to apply 13\n\n21 Use and disclosure of information 14\n\n22 Secretary may provide assistance 15\n\nPart 3—Reporting 16\n\n23 Reports prepared by the Family Violence Reform Implementation Monitor 16\n\n24 Publication of reports 17\n\n══════════════\n\nEndnotes 20\n\n1 General information 20\n\n2 Table of Amendments 22\n\n3 Explanatory details 23\n\n**Version No.** **002**\n\n**Family Violence Reform Implementation Monitor Act 2016**\n\n**No. 74 of 2016**\n\nVersion incorporating amendments as at  \n10 February 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to establish the position of the Family Violence Reform Implementation Monitor; and\n\n(b) to provide for the functions, powers and duties of the Family Violence Reform Implementation Monitor.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 March 2017, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *agency* amended by No. 31/2024 s. 113(Sch. 1 item 10).\n\n***agency*** means any of the following that are required to carry out an implementation action—\n\n(a) a public service body;\n\n(b) a public entity;\n\n(c) a special body, other than the following—\n\n(i) a department of the Parliament of Victoria;\n\n(ii) the IBAC within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(iii) the Electoral Boundaries Commission established under section 3 of the **Electoral Boundaries Commission Act 1982**;\n\n(iv) the office of the Ombudsman within the meaning of the **Ombudsman Act 1973**;\n\n(v) the Victorian Auditor-General's Office within the meaning of the **Audit Act 1994**;\n\n(vi) the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**;\n\n(vii) Integrity Oversight Victoria established under section 8 of the **Integrity Oversight Victoria Act 2011**;\n\n(d) an entity or body specified in a determination made by the Governor in Council under section 4;\n\n***agency Head*** means—\n\n(a) in relation to an agency that is an entity or body specified in a determination made by the Governor in Council under section 4—a person employed as Chief Executive Officer of that entity or body (however described); or\n\n(b) in relation to an agency that is a public service body, a public entity or a special body—a public sector body Head (within the meaning of the **Public Administration Act 2004**);\n\n***Department*** means the Department of Premier and Cabinet;\n\n***implementation action*** means an action specified in the Implementation Plan to implement or give effect to a reform initiative identified in the Plan;\n\n***Implementation Monitor*** means the Family Violence Reform Implementation Monitor appointed under section 7;\n\n***Implementation Plan*** means the plan or plans under section 5;\n\n***Implementation Report*** means a  report prepared by the Implementation Monitor under section 23;\n\n***public entity*** has the same meaning as it has in section 5 of the **Public Administration Act 2004**;\n\n***public service body*** has the same meaning  \nas it has in section 4 of the **Public Administration Act 2004**;\n\n***RCFV recommendation*** means a recommendation made in the Report  \nof the Royal Commission into Family Violence delivered to the Governor on 29 March 2016;\n\n***Royal Commission***  ***into Family Violence*** means the inquiry conducted by the Commissioners appointed under section 5 of the **Inquiries Act 2014** by the Letters Patent dated 22 February 2015, a copy of which was published in the Government Gazette on that date;\n\n***Secretary*** means Secretary to the Department of Premier and Cabinet;\n\n***special body*** has the same meaning as it has in section 6 of the **Public Administration Act 2004**.\n\n\t4 Determination of agency\n\n(1) The Governor in Council may, by written determination published in the Government Gazette, specify an entity or body to be an agency.\n\n(2) The Governor in Council must not make a determination under subsection (1) unless the Governor in Council is satisfied that the Minister has—\n\n(a) obtained the consent of the entity or body to be specified; and\n\n(b) consulted the Implementation Monitor.\n\n\t5 Publication of the Implementation Plan\n\n(1) The Minister must publish the Implementation Plan or Plans, or any amendment or variation made to the Plan or Plans, on the Internet site of the Department.\n\n(2) The Minister must notify the Implementation Monitor of—\n\n(a) any Implementation Plan published under subsection (1); and\n\n(b) any amendment or variation made to an Implementation Plan that is published under subsection (1).\n\nPart 2—The Family Violence Reform Implementation Monitor\n\n\t6 Establishment\n\nThere is to be a Family Violence Reform Implementation Monitor.\n\n\t7 Appointment\n\n(1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Minister, appoint a person as the Family Violence Reform Implementation Monitor.\n\n(2) A person is qualified to be the Implementation Monitor if the Minister is satisfied that the person has—\n\n(a) relevant senior executive management experience in the public sector, particularly in an operational environment; and\n\n(b) a strong understanding of complex  \nmulti-agency environments.\n\n\t8 Remuneration and allowances\n\n(1) The Implementation Monitor is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.\n\n(2) The remuneration of the Implementation Monitor cannot be reduced during the Implementation Monitor's term of office unless the Implementation Monitor consents  \nto the reduction.\n\n\t9 Terms and conditions\n\nThe Implementation Monitor holds office—\n\n(a) for the term specified in the Implementation Monitor's instrument of appointment not exceeding 4 years; and\n\n(b) on the terms and conditions determined by the Governor in Council.\n\n\t10 Acting appointment\n\n(1) On the recommendation of the Minister, having regard to the eligibility criteria under section 7(2), the Governor in Council may appoint a person to act as the Implementation Monitor if—\n\n(a) the office of the Implementation Monitor is vacant; or\n\n(b) for any period the Implementation Monitor is absent; or\n\n(c) the Implementation Monitor is for any other reason unable to perform the functions or duties of the office.\n\n(2) The Implementation Monitor may appoint a suitable person to act as the Implementation Monitor if, for a period not exceeding one month, the Implementation Monitor—\n\n(a) is absent; or\n\n(b) is for any other reason unable to perform the duties of the office.\n\n**Note**\n\nSection 41AA of the **Interpretation of Legislation Act 1984** provides for the powers in relation to an acting appointment.\n\n\t11 Vacancy, resignation or suspension\n\nThe Implementation Monitor ceases to hold office if the Implementation Monitor—\n\n(a) resigns by notice in writing delivered to the Governor in Council; or\n\n(b) becomes an insolvent under administration; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\n(e) is suspended or removed from office under section 12.\n\n\t12 Suspension and removal\n\n(1) On the recommendation of the Minister, the Governor in Council may suspend the Implementation Monitor from office on any  \nof the following grounds—\n\n(a) misconduct;\n\n(b) neglect of duty;\n\n(c) inability to perform the duties of the office;\n\n(d) any other ground on which the Governor in Council is satisfied that the Implementation Monitor is unfit to hold office.\n\n(2) The Minister must cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.\n\n(3) The Implementation Monitor must be removed from office by the Governor in Council if each House of Parliament, within 20 sitting days after the day when the statement is laid before it, declares by resolution that the Implementation Monitor ought to be removed from office.\n\n(4) The Governor in Council must remove the suspension and restore the Implementation Monitor to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.\n\n(5) If the Implementation Monitor is suspended from office under subsection (1), the Implementation Monitor is taken not to be the Implementation Monitor during the period of suspension.\n\n\t13 Independence of the Implementation Monitor\n\n(1) Subject to subsection (2), the Implementation Monitor is subject to the general direction or control of the Minister in respect of the performance or exercise of the Implementation Monitor's functions, powers or duties.\n\n(2) Subject to this Act and other laws of the State, the Implementation Monitor has complete discretion in respect of the content of each Implementation Report.\n\n\t14 Functions of the Implementation Monitor\n\n(1) The Implementation Monitor has the following functions—\n\n(a) to monitor and review the progress of an agency against the Implementation Plan, including by assessing—\n\n(i) the progress of the agency in completing an implementation action, including any implementation action relating to diverse communities; and\n\n(ii) the effectiveness of the method used by the agency in carrying out an implementation action;\n\n(b) to monitor and review the implementation of the RCFV recommendations;\n\n(c) to consult and engage with agencies in the performance of the Implementation Monitor's functions;\n\n(d) to produce written reports on the findings and conclusions of the Implementation Monitor following the performance of the Implementation Monitor's functions.\n\n(2) The Implementation Monitor has any other function conferred on the Implementation Monitor by or under this or any other Act.\n\n(3) The Implementation Monitor must, in performing the Implementation Monitor's functions—\n\n(a) have regard to—\n\n(i) the Implementation Plan; and\n\n(ii) the RCFV recommendations; and\n\n(b) if the Implementation Monitor considers it necessary, engage in activities with, or require demonstrations of systems by, or obtain documents from any agency as required to produce an accurate assessment of how an implementation action is being carried out or has been carried out; and\n\n(c) establish appropriate consultation arrangements with any agency Head and any advisory body to Government that the Implementation Monitor considers has an interest in the carrying out of an implementation action to—\n\n(i) facilitate the effective monitoring and review of progress in the carrying out of an implementation action; and\n\n(ii) obtain the information necessary to perform the monitoring and assessment function of the Implementation Monitor.\n\n\t15 Ministerial request for advice\n\n(1) The Minister may request the Implementation Monitor to provide written or oral advice on any issue relating to an implementation action.\n\n(2) The Implementation Monitor must comply with a request under subsection (1).\n\n\t16 Powers of the Implementation Monitor\n\nThe Implementation Monitor has all the powers necessary to perform the Implementation Monitor's functions.\n\n\t17 Power to require information to be given\n\n(1) For the purposes of carrying out functions or exercising powers under this Act the Implementation Monitor may, by written notice, require any agency to give to the Implementation Monitor any information that the Implementation Monitor reasonably believes is necessary to perform the Implementation Monitor's functions.\n\n(2) The agency must give the information to the Implementation Monitor within 7 days after receiving a notice under subsection (1) unless—\n\n(a) a lesser period is specified under subsection (3); or\n\n(b) the Implementation Monitor has agreed to allow an extension of time for the giving of the information; or\n\n(c) the Implementation Monitor has agreed that the agency is not able to give the information.\n\n(3) If the Implementation Monitor reasonably believes that it is urgent that information (specified in a written notice given under subsection (1)) be given within a lesser period than the period specified in subsection (2), the Implementation Monitor may specify a lesser period for the giving of the information and the information must be given within the period so specified.\n\n\t18 Power of entry and inspection\n\n(1) Subject to subsection (3), the Implementation Monitor or any persons authorised by the Implementation Monitor may, if the Implementation Monitor considers it necessary for the purposes of performing the functions  \nof the Implementation Monitor—\n\n(a) enter any place of an agency during ordinary business hours and inspect that place and any document, thing or activity in that place that the Implementation Monitor reasonably considers to be relevant; and\n\n(b) make a copy of any relevant document, or any document that the Implementation Monitor reasonably considers to be relevant.\n\n(2) The Implementation Monitor may, if the Implementation Monitor considers it necessary for the purposes of performing the functions of the Implementation Monitor, require any agency—\n\n(a) to allow the Implementation Monitor,  \nor any persons authorised by the Implementation Monitor, to observe the operation of a system, procedure or thing; and\n\n(b) to demonstrate the operation of a system, procedure or other thing to the Implementation Monitor, or any persons authorised by the Implementation Monitor.\n\n(3) The Implementation Monitor must give an agency reasonable notice of an intention—\n\n(a) to enter any place of an agency for the purposes specified in subsection (1); and\n\n(b) to require an agency to perform an action specified under subsection (2).\n\n\t19 Duty to cooperate\n\nAn agency must comply with any reasonable request made by the Implementation Monitor, or any person assisting the Implementation Monitor, that has been made for the purposes of performing the functions or exercising the powers of the Implementation Monitor.\n\n\t20 Constraints on access to information not to apply\n\n(1) An obligation to maintain secrecy or any other restriction on the disclosure of information by an agency, imposed by or under an Act or rule of law, does not apply—\n\n(a) to the disclosure of information required by the Implementation Monitor under section 17; or\n\n(b) to information obtained by the Implementation Monitor under section 18.\n\n(2) The Implementation Monitor or any other person must not divulge or communicate, except to another person performing duties under this Act, any information which has come to the knowledge of the Implementation Monitor by reason, directly or indirectly, of subsection (1) if the person who had possession of that information could not, but for that subsection, lawfully have divulged that information to the Implementation Monitor or the other person.\n\n(3) Despite subsection (2) or any other law to the contrary, the Implementation Monitor may include in an Implementation Report any information obtained in the course of the Implementation Monitor's performance of functions under this or any other Act (other than information that would disclose a deliberation or decision of Cabinet that has not been officially published) if the Implementation Monitor considers that—\n\n(a) the information is relevant to the subject matter of the Report; and\n\n(b) following consultation with the Minister (if any) responsible for the agency that provided the information—the inclusion of the information in the Report is in the public interest.\n\n(4) In considering whether the inclusion of the information is in the public interest for the purposes of subsection (3)(b), the Implementation Monitor must have regard to—\n\n(a) the nature and sensitivity of family violence issues; and\n\n(b) the importance of protecting the privacy of victims and survivors of family violence.\n\n\t21 Use and disclosure of information\n\nThe Information Monitor must not use or disclose confidential information obtained or received in the course of, or as a result of, the performance of the functions of the Implementation Monitor except as permitted by this Act.\n\n\t22  Secretary may provide assistance\n\nThe Implementation Monitor may request the Secretary to provide any assistance that is reasonably necessary for the Implementation Monitor to perform the Implementation Monitor's functions under this Act, including the provision of staff and facilities.\n\nPart 3—Reporting\n\n\t23 Reports prepared by the Family Violence Reform Implementation Monitor\n\n(1) The Implementation Monitor must prepare an Implementation Report as at—\n\n(a) 1 November 2017; and\n\n(b) 1 November 2018; and\n\n(c) 1 November 2019; and\n\n(d) 1 November 2020.\n\n(2) Each Implementation Report must be published in accordance with section 24.\n\n(3) Each Implementation Report must specify or include—\n\n(a) the agency with lead responsibility for carrying out each implementation action;  \nand\n\n(b) the agencies with which the lead agency will collaborate in carrying out each implementation action; and\n\n(c) the progress of the agency in completing an implementation action, including any implementation action relating to diverse communities; and\n\n(d) the progress of implementation of the RCFV recommendations; and\n\n(e) information on—\n\n(i) the compliance by an agency with timelines specified in the Implementation Plan for the  \ncompletion of an implementation action; and\n\n(ii) any method developed by an agency in carrying out an implementation action that demonstrates best practice; and\n\n(iii) if the Implementation Monitor has consulted with the Secretary and the relevant agency Head and provided the Secretary and the relevant agency Head a reasonable period to respond, any corrective action that the Implementation Monitor considers necessary to address a concern of the Implementation Monitor in relation to the carrying out of an implementation action or the implementation of an RCFV recommendation.\n\n(4) In reporting on the progress of implementation of the RCFV recommendations under subsection (3)(d), the Implementation Monitor must have regard to any relevant implementation action.\n\n(5) The Implementation Monitor must ensure that an Implementation Report does not include any information that is likely to lead to the identification of any person unless—\n\n(a) the information is already in the public domain; or\n\n(b) the person has consented to the disclosure of the information.\n\n\t24 Publication of reports\n\n(1) The Implementation Monitor must give a copy of each Implementation Report to the Minister at least 28 days before the Implementation Report is tabled in Parliament.\n\n(2) The Implementation Monitor must give a copy of each Implementation Report to—\n\n(a) the clerk of each House of the Parliament; and\n\n(b) the Secretary.\n\n(3) The clerk of each House of the Parliament must cause each Implementation Report to be laid before the House on the next sitting day of the House.\n\n(4) If the Implementation Monitor proposes to give a copy of each Implementation Report to Parliament when Parliament is in recess, the Implementation Monitor must—\n\n(a) give one business day's notice of the Implementation Monitor's intention to do so to the clerk of each House of the Parliament; and\n\n(b) give each Implementation Report to the clerk of each House on the day indicated in the notice; and\n\n(c) cause each Implementation Report to be published by the Government Printer.\n\n(5) The clerk of each House must—\n\n(a) notify each member of the House of the receipt of a notice under subsection (4)(a) on the same day that the clerk receives that notice; and\n\n(b) give a copy of each Implementation Report to each member of the House as soon as practicable after each Implementation Report is received under subsection (4)(b); and\n\n(c) cause each Implementation Report to be laid before the House on the next sitting day of the House.\n\n(6) Each Implementation Report that is given to the clerks under subsection (4)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.\n\n(7) The Secretary must publish each Implementation Report on an appropriate Internet site as soon as practicable after—\n\n(a) each Implementation Report has been laid before each House of the Parliament under subsection (3); or\n\n(b) each Implementation Report has been given to the clerk of each House of the Parliament by the Implementation Monitor under subsection (4)(b).\n\n(8) The publication under this section of each Implementation Report is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of that report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.\n\n(9) For the purposes of this section, Parliament is in recess when each House stands adjourned to a date to be fixed by the presiding officer of that House.\n\n ══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 26 October 2016*\n\n*Legislative Council: 24 November 2016*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish the position of the Family Violence Reform Implementation Monitor, to provide for the functions, powers and duties of the Family Violence Reform Implementation Monitor and for other purposes.\"\n\nThe **Family Violence Reform Implementation Monitor Act 2016** was assented to on 13 December 2016 and came into operation on 1 January 2017: Special Gazette (No. 389) 20 December 2016 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Family Violence Reform Implementation Monitor Act 2016** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| *Assent Date:* | 10.9.24 |\n| --- | --- |\n| *Commencement Date:* | S. 113(Sch. 1 item 10) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Family Violence Reform Implementation Monitor Act 2016** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original stated intent — establishing an independent monitor to oversee implementation of family violence reforms. There is no evidence in the available text of significant scope creep or departure from the original purpose of the Act as passed in 2016."},"complexity_factors":["Creates a new statutory (legally established) office with specific powers and functions that must be understood in context of broader family violence reform landscape","Requires cross-referencing with Royal Commission into Family Violence recommendations and other external documents to fully understand scope","Involves interaction between multiple government agencies and departments, requiring understanding of machinery of government","The provided legislative text is incomplete/truncated, limiting full analysis of technical provisions such as appointment terms, investigative powers, and reporting obligations","Relatively focused and purposeful legislation without highly technical legal mechanisms, keeping complexity moderate"],"plain_english_summary":"The Act creates an independent Family Violence Reform Implementation Monitor to track and report on how government agencies implement reforms from major family violence inquiries. It requires agencies to cooperate and publishes public reports.\n\nThis strengthens accountability and transparency for survivors, service providers, police and courts by ensuring promised reforms are monitored and progress is visible."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This consolidated version incorporates an amendment (Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, s.113 Sch.1 item 10) that alters the definition of \"agency\" in section 3. Because \"agency\" determines which bodies the Monitor can require information from, enter and inspect, and include in its reporting, this amendment changes the statutory reach of the Monitor. Concretely, the amendment redefines which public sector bodies and special bodies are captured (and lists particular exclusions), and permits the Governor in Council to specify additional entities by determination (s 3; s 4). That is a substantive scope change: it directly changes the set of organisations subject to monitoring obligations and therefore shifts compliance burdens, inter-agency coordination requirements and the universe of entities whose actions feed into the Monitor’s reports."},"complexity_factors":["Single Part of defined terms concentrated in s 3 (multiple defined concepts: agency, agency Head, Implementation Plan, implementation action, Implementation Monitor, Implementation Report, RCFV recommendation, etc.)","Cross-references to multiple other Acts (Public Administration Act 2004, Independent Broad-based Anti-corruption Commission Act 2011, Ombudsman Act 1973, Audit Act 1994, Electoral Act 2002, Integrity Oversight Victoria Act 2011, Constitution Act 1975 and Interpretation of Legislation Act 1984) increasing interpretive complexity","Conditional and time-bound reporting obligations (four fixed as‑at report dates in s 23 plus detailed publication/tabling rules in s 24)","Statutory powers with procedural qualifications: information notices default 7-day compliance with exceptions and ability to shorten time in urgent cases (s 17)","Entry and inspection powers constrained by requirement to give \"reasonable notice\" and by limits on timing (ordinary business hours) (s 18)","Overriding of secrecy obligations with layered onward-disclosure controls and public-interest carve-out for reports (s 20(1)–(4))","Tension between executive control and report independence: s 13(1) (subject to Minister's general direction) vs s 13(2) (complete discretion over report content)","Removal and suspension process involves Governor in Council action on Minister’s recommendation plus parliamentary resolution within strict sitting-day timelines (s 12)","Amendment history affects interpretation: s 3 was amended by Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (s.113 Sch.1 item 10), adding a layer of change to who is an \"agency\""],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes the Office of the Family Violence Reform Implementation Monitor (the Implementation Monitor) and sets out how the Monitor is appointed, paid and removed (ss 6–12, 8–9, 11–12).\n- Requires the Minister to publish an Implementation Plan (or Plans) on the Department of Premier and Cabinet website and to notify the Monitor of any Plan or changes to a Plan (s 5).\n- Gives the Implementation Monitor powers to monitor and review how government agencies carry out implementation actions in the Implementation Plan and recommendations from the Royal Commission into Family Violence (RCFV) (ss 14, 3 [definitions]).\n- Gives the Monitor statutory powers to require information (written notice; 7-day default compliance period) from agencies, enter and inspect agency premises during business hours, observe and require demonstrations of systems and make copies of documents where relevant (ss 17–18).\n- Overrides statutory or other secrecy obligations so agencies must disclose information to the Monitor for the Monitor’s functions, subject to limited limits on the Monitor’s onward disclosure (s 20).\n- Requires the Monitor to prepare and publish specified Implementation Reports on fixed dates (as-at 1 November in 2017, 2018, 2019 and 2020) and sets detailed administrative steps for copying, laying before Parliament and online publication (ss 23–24).\n\n**Who is affected**\n\n- Agencies: defined to include public service bodies, public entities and specified special bodies, and any other bodies that the Governor in Council determines to be an agency (s 3; s 4). The Act obliges these agencies to cooperate and supply information, allow access and demonstrate systems where reasonably requested by the Monitor (ss 17–19).\n- Agency Heads: identified as persons responsible within each agency and part of the Monitor’s consultation arrangements (s 3; s 14(3)(c)).\n- The Minister and Governor in Council: appoint, suspend and remove the Monitor (ss 7, 10, 12). The Minister can request advice from the Monitor and must be consulted before certain disclosures are made public (ss 15; 20(3)).\n- Secretary to the Department of Premier and Cabinet: may be asked to provide staff and facilities to assist the Monitor and is responsible for publishing reports online once laid before Parliament (ss 22; 24(7)).\n\n**Why it matters (official purpose and practical effects)**\n\n- Officially: the Act is designed to ensure there is dedicated, statutory oversight of progress implementing the RCFV recommendations by monitoring agencies’ completion of implementation actions set out in the Implementation Plan (s 1; ss 14, 23).\n\n- Practical effects and implementation mechanics you should note:\n  - The Monitor can compel agencies to produce information and allow inspections, and ordinary statutory secrecy obligations (for example, some confidentiality rules) do not prevent agencies from providing information to the Monitor (ss 17–20). That gives the Monitor strong fact-finding capacity.\n  - The Monitor’s written reports are subject to a publication process that ensures they are laid before Parliament and published online; the Monitor must give the Minister a copy at least 28 days before tabling (s 24).\n  - The Monitor’s institutional position is mixed: the Minister has ‘general direction or control’ over performance of functions (s 13(1)), but the Monitor has complete discretion over the content of implementation reports (s 13(2)). Those two provisions together define a formal balance between executive oversight and report independence.\n\n**Costs, incentives and trade-offs (how behaviour and resources are likely to change)**\n\n- Who pays / bears costs: agencies will need to allocate staff time and systems access to respond to information notices, demonstrations and inspections (ss 17–19). The Department of Premier and Cabinet may supply additional staff or facilities if asked (s 22). The Monitor’s office itself carries salary and operating costs determined by the Governor in Council (s 8).\n\n- Compliance burden and incentives: the 7‑day default deadline to supply information (s 17(2)) and statutory power of entry and copying (s 18) create a strong compliance incentive. Agencies may prioritise Monitor-facing activities (data collation, documentation) to meet deadlines and avoid formal non-cooperation.\n\n- Confidentiality and disclosure trade-offs: the Act removes statutory secrecy barriers for the purpose of monitoring (s 20(1)), but then restricts the Monitor’s onward disclosure of confidential information except as permitted (s 21). The Monitor may nevertheless include otherwise restricted information in a report if, following consultation with the relevant Minister, it is in the public interest (s 20(3)). This creates a procedural gate for sensitive disclosures and a consultation step that may slow or influence publication decisions.\n\n- Decision-making and accountability: appointment, suspension and removal combine executive action (Governor in Council on Minister’s recommendation) with parliamentary review (Parliament may require removal by resolution within set sitting-day timeframes) (s 12). That structure concentrates formal appointment power in the executive while retaining a parliamentary safeguard on removal.\n\n- Possible substitution and strategic effects: agencies may focus on meeting the Monitor’s measurable milestones in the Implementation Plan. Where the Monitor highlights “best practice” methods (s 23(3)(e)(ii)), agencies may adopt documented methods to demonstrate compliance, which may shift program design to meet monitoring criteria.\n\n**Implementation risks and practical constraints**\n\n- Resourcing risks: agencies with limited capacity may struggle to meet 7-day information notices or provide demonstrations without diverting front-line resources (s 17).\n- Access and dispute risk: although the Monitor must give ‘reasonable notice’ before entry (s 18(3)), disputes can arise over overbroad requests for documents or demonstrations and the Act provides no express dispute resolution process between the Monitor and an agency other than the duty to cooperate (s 19) and the political/administrative channels available to agencies and Ministers.\n- Privacy and victim sensitivity: the Monitor must avoid including identifying information about persons unless already public or consented (s 23(5)), and must have regard to the sensitivity of family violence issues when deciding on disclosure (s 20(4)). Those constraints impose substantive limits on some reporting while still allowing significant oversight.\n\n**Relevant sections (quick reference)**\n- Establishment and purpose: ss 1, 6.\n- Appointment and removal: ss 7–12.\n- Functions and powers (including information powers and entry): ss 14, 16–18.\n- Confidentiality and disclosure rules: ss 20–21.\n- Reporting and publication obligations: ss 23–24.\n\n(Quotes and section citations are to the Act’s provision numbers provided.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: monitoring implementation of the Royal Commission into Family Violence recommendations. The only amendment noted (2024) was a minor technical update to the definition of 'agency' in section 3. The temporal scope was always limited (reports required only until 2020), and the Act has not expanded beyond its original monitoring mandate."},"complexity_factors":["Moderate cross-referencing: 6 external Acts referenced (Public Administration Act 2004, Independent Broad-based Anti-corruption Commission Act 2011, etc.)","Conditional logic in reporting requirements: specific dates (1 November 2017–2020) with layered requirements for content","Nested exceptions in information disclosure: section 20 creates a complex regime where secrecy obligations don't apply to the Monitor, but then re-imposes restrictions with exceptions for public interest reporting","Dual appointment mechanisms: two different pathways for acting appointments (Governor in Council vs. Monitor self-appointment) with different conditions","Parliamentary procedure requirements: detailed steps for tabling reports during recess vs. sitting periods (section 24)","Defined terms: 14 defined terms in section 3, several incorporating definitions from other legislation by reference"],"plain_english_summary":"**What this law does:**\n\nThis Act creates an independent watchdog—the **Family Violence Reform Implementation Monitor**—to keep tabs on how Victorian government agencies are delivering reforms recommended by the 2016 Royal Commission into Family Violence.\n\n**Who it affects:**\n\n- **Government agencies** (departments, public entities, and other bodies) that are responsible for carrying out actions in the official **Implementation Plan**\n- **The Monitor**—a senior executive appointed for up to 4 years to oversee progress\n- **Victims and survivors** of family violence, whose privacy is specifically protected in reporting\n\n**Why it matters:**\n\nAfter the Royal Commission made 227 recommendations to fix Victoria's broken family violence system, this law ensures someone is checking whether agencies are actually doing what they promised. The Monitor can:\n\n- **Demand information** from agencies (and they must comply, even if normally secret)\n- **Enter premises** and inspect documents or systems\n- **Publish reports** to Parliament and the public on whether reforms are on track\n\nThe law strikes a balance: the Monitor is independent when writing reports but answers to the Minister on general direction. Agencies can't hide behind confidentiality laws when the Monitor comes knocking, though the Monitor must protect sensitive personal information.\n\n**Key features:**\n\n- Reports were required annually from 2017–2020 (the monitoring period has now ended)\n- The Monitor can recommend **corrective action** if agencies are falling behind\n- Special protections exist for **diverse communities** and victim/survivor privacy\n- The position can be suspended or removed only with parliamentary oversight"}},"importantCases":[],"_links":{"self":"/api/acts/family-violence-reform-implementation-monitor-act-2016","history":"/api/acts/family-violence-reform-implementation-monitor-act-2016/history","analysis":"/api/acts/family-violence-reform-implementation-monitor-act-2016/analysis","conflicts":"/api/acts/family-violence-reform-implementation-monitor-act-2016/conflicts","importantCases":"/api/acts/family-violence-reform-implementation-monitor-act-2016/important-cases","documents":"/api/acts/family-violence-reform-implementation-monitor-act-2016/documents"}}