{"id":"sr:public-interest-monitor-regulations-2023","name":"Public Interest Monitor Regulations 2023","slug":"public-interest-monitor-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183439,"registerId":"vic-sr:public-interest-monitor-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Interest Monitor Regulations 2023","content":"Version No. 002\n\n**Public Interest Monitor Regulations 2023**\n\n**S.R. No. 4/2023**\n\nVersion incorporating amendments as at  \n1 November 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\nPart 2—Notification of applications 8\n\n6 Application of Part 8\n\n7 Notification of application 8\n\n8 Notifications related to scheduling of hearing 9\n\n9 Notification of change in application details 9\n\n10 Confirmation of notification 9\n\nPart 2A—Notification requirements for a police detention decision or periodic review 10\n\n10A Notification of police detention decision 10\n\n10B Notification of periodic review 11\n\n10C Notification of end of detention 12\n\n10D Notification of change in details in respect of a police detention decision or periodic review 12\n\n10E Confirmation of notification 13\n\nPart 3—Notification of adverse matters 14\n\n11 Notification of matters adverse to an application 14\n\n12 Notification of matters adverse to the making of a police detention decision or conduct of a periodic review 15\n\nPart 4—Documents to be given to a Public Interest Monitor 16\n\n13 Notification of application or supporting affidavit 16\n\n14 Confirmation of notification of application or supporting affidavit 17\n\n15 Documents provided in relation to a police detention decision or periodic review 17\n\n16 Confirmation of receipt of documents provided in relation to a police detention decision or periodic review 17\n\nPart 5—Hearing of applications and conduct of periodic reviews 18\n\n17 Notification of further information requested by issuing authority 18\n\n18 Confirmation of receipt of further information 19\n\n19 Public Interest Monitor not reasonably able to be contacted—application 19\n\n20 Public Interest Monitor not reasonably able to be contacted—periodic review 21\n\n21 Confirmation of notification that application or periodic review has proceeded 23\n\nPart 6—Other notifications 24\n\n22 Notification of resumed hearings 24\n\n23 Confirmation of notification of resumed hearing 24\n\n24 Notification of discontinued order 24\n\n25 Confirmation of notification of discontinued order 25\n\n26 Notification of revoked order or warrant 25\n\n27 Confirmation of notification of revoked order or warrant 26\n\nPart 7—Security and record keeping 27\n\n28 Dealing with law enforcement data 27\n\n29 Document register to be kept 28\n\n30 Storage of documents 29\n\n31 Return of application documents 29\n\n32 Confirmation documents have been returned 30\n\n═════════════\n\nEndnotes 32\n\n1 General information 32\n\n2 Table of Amendments 34\n\n3 Explanatory details 35\n\n**Version No.** **002**\n\n**Public Interest Monitor Regulations 2023**\n\n**S.R. No. 4/2023**\n\nVersion incorporating amendments as at  \n1 November 2024\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters for the purposes of the **Public Interest Monitor Act 2011**,  including prescribing—\n\n(a) the method for notifying, or giving information to, a Public Interest Monitor; and\n\n(b) the security and record keeping obligations of Public Interest Monitors; and\n\n(c) other matters for the purposes of that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 21 of the **Public Interest Monitor Act 2011**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 4 February 2023.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Public Interest Monitor Regulations 2013[[1]](#endnote-1);\n\n(b) the Public Interest Monitor Amendment Regulations 2018[[2]](#endnote-2);\n\n(c) the Public Interest Monitor Amendment Regulations 2021[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***authorised police officer*** has the same meaning as in the **Terrorism (Community Protection) Act 2003**;\n\n***double-sealed envelope*** means a process whereby—\n\n(a) documents are enclosed in an envelope (the ***inner envelope***) which is sealed and displays markings indicating the security classification level of the documents; and\n\n(b) the inner envelope is then enclosed in a second envelope which is sealed;\n\n***eligible Judge*** has the same meaning as in the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;\n\n***hand delivery*** means delivery of a hard copy of a notification in writing;\n\nReg. 5 def. of *issuing authority* amended by S.R. No. 119/2024 reg. 5(1).\n\n***issuing authority*** means—\n\n(a) the Supreme Court in relation to an application for—\n\n(i) a coercive powers order; or\n\n(ii) the extension or variation of a coercive powers order; or\n\n(iii) an assistance order; or\n\n(iv) a covert search warrant; or\n\n(v) a preventative detention order; or\n\n(vi) the extension, variation or revocation of a preventative detention order; or\n\n(vii) a prohibited contact order; or\n\n(viii) the variation or revocation of a prohibited contact order; or\n\n(ix) a counter-terrorism intelligence protection order; or\n\n(b) a Judge of the Supreme Court or a magistrate in relation to an application for—\n\n(i) a surveillance device warrant; or\n\n(ii) the extension or variation of a surveillance device warrant; or\n\n(iii) a retrieval warrant; or\n\n(iv) the approval of an emergency authorisation; or\n\n(c) an eligible Judge or nominated AAT member in relation to an application for—\n\n(i) a telecommunications interception warrant; or\n\n(ii) the renewal of a telecommunications interception warrant; or\n\n(iii) an international production order;\n\n***law enforcement data*** means any information obtained, received or held by a law enforcement agency—\n\n(a) for the purpose of one or more of its, or any other law enforcement agency's, law enforcement functions or activities; or\n\n(b) for the enforcement of laws relating to the confiscation of the proceeds of crime; or\n\n(c) in connection with the conduct of proceedings commenced, or about to be commenced, in any court or tribunal; or\n\n(d) for the purposes of its community law enforcement functions;\n\n***member of Victoria Police personnel***  has the same meaning as in the **Victoria Police Act 2013**;\n\n***nominated AAT member*** has the same meaning as in the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;\n\n***nominated senior police officer*** has the same meaning as in the **Terrorism (Community Protection) Act 2003**;\n\nReg. 5 def. of *periodic review* revoked by S.R. No. 119/2024 reg. 5(4).\n\n* * * * *\n\nReg. 5 def. of *police detention decision* revoked by S.R. No. 119/2024 reg. 5(4).\n\n* * * * *\n\nReg. 5 def. of *remote application* amended by S.R. No. 119/2024 reg. 5(2).\n\n***remote application***, in the case of—\n\n(a) an application for a surveillance device warrant or a retrieval warrant, has the same meaning as in the **Surveillance Devices Act 1999**; or\n\n(b) an application for the extension or variation of a surveillance device warrant or an assistance order, means an application made in the manner described in either section 16 or 20D of the **Surveillance Devices Act 1999**; or\n\n(c) an application for a coercive powers order or the extension or variation of a coercive powers order, means an application made in the manner described in section 6 of the **Major Crime (Investigative Powers) Act 2004**; or\n\n(d) an application for a covert search warrant, means an application made in the manner described in section 10 of the **Terrorism (Community Protection) Act 2003**; or\n\n(e) an application for a telephone interception warrant or the renewal of a telephone interception warrant, means an application made in the manner described in section 40(2) of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth; or\n\n(f) an application for an international production order, means an application made in the manner described in sections 23(2) and 53(2) of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;\n\n***secure delivery*** means delivery of documents or information—\n\n(a) in a double-sealed envelope by—\n\n(i) a member of the law enforcement agency that made the application to which the documents relate; or\n\n(ii) a member of Victoria Police personnel; or\n\n(iii) a secure courier; or\n\n(b) by secure attachment to an email; or\n\n(c) by other secure electronic means;\n\n***unique identifying number*** means a unique number or name assigned for reference purposes—\n\n(a) to an application by an applicant; or\n\n(b) to a police detention decision by a member of Victoria Police personnel;\n\nReg. 5 def. of *written receipt* amended by S.R. No. 119/2024 reg. 5(3).\n\n***written receipt*** means a receipt given by a Public Interest Monitor that specifies—\n\n(a) the unique identifying number of the application or police detention decision to which the notification or documents relate; and\n\n(b) the type of notification or documents that the Public Interest Monitor has received and the regulation under which the notification was made or the documents were delivered (as the case may be); and\n\n(ba) the date that the Public Interest Monitor received the notification or documents; and\n\n(c) if the notification included other documents, a list of those documents.\n\n**Example**\n\nA copy of an application, a supporting affidavit or further information requested by the issuing authority.\n\nPart 2—Notification of applications\n\n\t6 Application of Part\n\nThis Part applies in relation to—\n\n(a) section 5(5A) of the **Major Crime (Investigative Powers) Act 2004**; and\n\n(b) sections 15(6A), 20C(6A), 21(2A) and 28(2A) of the **Surveillance Devices Act 1999**; and\n\nReg. 6(c) amended by S.R. No. 119/2024 reg. 6.\n\n(c) sections 4A(1) and 4G(1) of the **Telecommunications (Interception) (State Provisions) Act 1988**; and\n\n(d) sections 7A, 13DA, 13I(5A), 13L(4A), 13M(4A), 13O(7A) and 26 of the **Terrorism (Community Protection) Act 2003**.\n\n\t7 Notification of application\n\nA notification of an application to which this Part applies must—\n\n(a) be given as soon as practicable after the applicant decides to make the application; and\n\n(b) be made—\n\n(i) by telephone if the application is a remote application; or\n\n(ii) by email or hand delivery in any other case; and\n\n(c) include the following details—\n\n(i) the application's unique identifying number;\n\n(ii) the type of application to be made;\n\n(iii) the issuing authority to which the application is to be made;\n\n(iv) whether the application is to be made in writing or by telephone;\n\n(v) an estimate of when the applicant will give a Public Interest Monitor a copy of the application and supporting affidavit.\n\n\t8 Notifications related to scheduling of hearing\n\n(1) Unless it is impracticable to do so, an applicant must notify a Public Interest Monitor by telephone or email for the purposes of ascertaining a Public Interest Monitor's availability to attend the hearing of an application.\n\n(2) A notification under subregulation (1) must be made before the applicant applies to the issuing authority.\n\n(3) An applicant must notify a Public Interest Monitor by email or hand delivery of the scheduled time, date and place of the hearing as soon as practicable after those details are known, unless the application is a remote application.\n\n\t9 Notification of change in application details\n\nAn applicant must notify a Public Interest Monitor by email or hand delivery of a change to any of the details included in a notification under regulation 7 or 8 as soon as practicable after becoming aware of the change.\n\n\t10 Confirmation of notification\n\nA Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 7, 8 or 9.\n\nPt 2A (Heading and regs 10A–10E) inserted by S.R. No. 119/2024 reg. 7.\n\nPart 2A—Notification requirements for a police detention decision or periodic review\n\nReg. 10A inserted by S.R. No. 119/2024 reg. 7.\n\n\t10A Notification of police detention decision\n\nA notification under section 4G(1) of the **Terrorism (Community Protection) Act 2003** must—\n\n(a) be made by one of the following methods, after consultation by the authorised police officer with a Public Interest Monitor—\n\n(i) in a double-sealed envelope by a member of Victoria Police personnel;\n\n(ii) in a double-sealed envelope by a secure courier;\n\n(iii) email;\n\n(iv) hand delivery by a member of Victoria Police personnel; and\n\n(b) if the written copy of the police detention decision has not yet been given to the Public Interest Monitor, include the date and time the Public Interest Monitor will be given a copy of the written record of the police detention decision under section 4L of the **Terrorism (Community Protection) Act 2003**; and\n\n(c) include a unique identifying number.\n\n**Notes**\n\n1 See the Table in section 4G(1) of the **Terrorism (Community Protection) Act 2003** for further requirements in relation to notifications under that section.\n\n2 See regulation 15 for the requirements in relation to delivery of a copy of the written record of a police detention decision to a Public Interest Monitor.\n\nReg. 10B inserted by S.R. No. 119/2024 reg. 7.\n\n\t10B Notification of periodic review\n\nA notification under section 4H(1)(a) of the **Terrorism (Community Protection) Act 2003** must—\n\n(a) be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—\n\n(i) in a double-sealed envelope by a member of Victoria Police personnel;\n\n(ii) in a double-sealed envelope by a secure courier;\n\n(iii) email;\n\n(iv) hand delivery by a member of Victoria Police personnel; and\n\n(b) include the following details—\n\n(i) the date, time and place of the periodic review;\n\n(ii) the unique identifying number;\n\n(iii) the date and time the Public Interest Monitor will be given access to documents or information under section 4M of the **Terrorism (Community Protection) Act 2003**;\n\n(iv) the date and time at which the maximum period of police detention in relation to the person will be reached.\n\nReg. 10C inserted by S.R. No. 119/2024 reg. 7.\n\n\t10C Notification of end of detention\n\nA notification under section 4H(1)(b) of the **Terrorism (Community Protection) Act 2003** must—\n\n(a) be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—\n\n(i) in a double-sealed envelope by a member of Victoria Police personnel;\n\n(ii) in a double-sealed envelope by a secure courier;\n\n(iii) email;\n\n(iv) hand delivery by a member of Victoria Police personnel; and\n\n(b) include the following details—\n\n(i) the date and time the detention of the person under Part 2AA of the **Terrorism (Community Protection) Act 2003** ended;\n\n(ii) the unique identifying number.\n\nReg. 10D inserted by S.R. No. 119/2024 reg. 7.\n\n\t10D Notification of change in details in respect of a police detention decision or periodic review\n\nA nominated senior police officer must notify a Public Interest Monitor by email or hand delivery of a change to any details included in a notification under regulation 10B or 10C as soon as practicable after becoming aware of the change.\n\nReg. 10E inserted by S.R. No. 119/2024 reg. 7.\n\n\t10E Confirmation of notification\n\nAs soon as practicable after being notified under this Part, a Public Interest Monitor must give the authorised police officer or nominated senior police officer who provided the notification a written receipt.\n\nPart 3—Notification of adverse matters\n\n\t11 Notification of matters adverse to an application\n\n(1) This regulation applies in relation to—\n\n(a) section 3C(1) of the **Major Crime (Investigative Powers) Act 2004**; and\n\n(b) section 12C(1) of the **Surveillance Devices Act 1999**; and\n\nReg. 11(1)(c) amended by S.R. No. 119/2024 reg. 8.\n\n(c) sections 4B(1) and 4H(1) of the **Telecommunications (Interception) (State Provisions) Act 1988**; and\n\n(d) section 4E(1) of the **Terrorism (Community Protection) Act 2003**.\n\n(2) If an applicant is required to disclose matters that are adverse to an application to a Public Interest Monitor, the applicant must notify the Public Interest Monitor by—\n\n(a) in the case of an application with a supporting affidavit (whether sworn or unsworn)—\n\n(i) stating those matters in the supporting affidavit; and\n\n(ii) stating in the supporting affidavit either that all those matters have been disclosed or that the applicant is unaware of any such matters (as the case may be); or\n\n(b) in the case of an application in respect of which no supporting affidavit is given at the time the application is made, stating those matters or confirming that the applicant is not aware of any such matters (as the case may be) during the hearing of the application.\n\n\t12 Notification of matters adverse to the making of a police detention decision or conduct of a periodic review\n\n(1) A person to whom section 4I(1) of the **Terrorism (Community Protection) Act 2003** applies must notify a Public Interest Monitor by stating those matters in writing, or confirming in writing that the person is not aware of any such matters (as the case may be).\n\n(2) A notification under subregulation (1) must be made by secure delivery.\n\nPart 4—Documents to be given to a Public Interest Monitor\n\n\t13 Notification of application or supporting affidavit\n\n(1) This regulation applies in relation to—\n\n(a) section 3B(1) and (3) of the **Major Crime (Investigative Powers) Act 2004**; and\n\n(b) section 12B(1) and (2) of the **Surveillance Devices Act 1999**; and\n\nReg. 13(1)(c) amended by S.R. No. 119/2024 reg. 9.\n\n(c) sections 4A(2) and (3) and 4G(2) and (3) of the **Telecommunications (Interception) (State Provisions) Act 1988**; and\n\n(d) section 4D(1) and (2) of the **Terrorism (Community Protection) Act 2003**.\n\n(2) If an applicant is required to give a Public Interest Monitor a copy of an application or a supporting affidavit, the applicant must do so by notifying a Public Interest Monitor—\n\n(a) as soon as practicable after the application or supporting affidavit has been prepared but, in any case, before the hearing of the application; and\n\n(b) by secure delivery.\n\n(3) A notification under subregulation (2) must—\n\n(a) specify the application's unique identifying number; and\n\n(b) include a copy of the application or supporting affidavit.\n\n\t14 Confirmation of notification of application or supporting affidavit\n\nA Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 13.\n\n\t15 Documents provided in relation to a police detention decision or periodic review\n\n(1) A copy of the written record of a police detention decision to be given to a Public Interest Monitor under section 4L of the **Terrorism (Community Protection) Act 2003** must be provided by secure delivery.\n\nReg. 15(2) substituted by S.R. No. 119/2024 reg. 10.\n\n(2) If access to a document or information under section 4M of the **Terrorism (Community Protection) Act 2003** is to be given by delivery to a Public Interest Monitor, delivery must—\n\n(a) take place as soon as practicable but before the conduct of the periodic review in relation to which the document or information is given; and\n\n(b) be by secure delivery.\n\n\t16 Confirmation of receipt of documents provided in relation to a police detention decision or periodic review\n\nA Public Interest Monitor must give the authorised police officer or nominated senior police officer who provided delivery of a document in accordance with regulation 15 a written receipt as soon as practicable after receiving the document.\n\nPart 5—Hearing of applications and conduct of periodic reviews\n\n\t17 Notification of further information requested by issuing authority\n\n(1) This regulation applies in relation to—\n\n(a) section 3B(2) of the **Major Crime (Investigative Powers) Act 2004**; and\n\nReg. 17(1)(b) amended by S.R. No. 119/2024 reg. 11.\n\n(b) sections 4C and 4I of the **Telecommunications (Interception) (State Provisions) Act 1988**.\n\n(2) If an applicant is required to give a Public Interest Monitor further information that was requested by an issuing authority, the applicant must do so by notifying a Public Interest Monitor—\n\n(a) either before giving the further information to the issuing authority or as soon as practicable after giving the further information to the issuing authority; and\n\n(b) by secure delivery.\n\n(3) A notification under subregulation (2) must—\n\n(a) specify the application's unique identifying number; and\n\n(b) include a copy of the further information.\n\n(4) For the purposes of subregulation (3)(b), if the applicant gave the requested information to the issuing authority verbally and a Public Interest Monitor was not present at that time, the applicant need only give a written record that states the substance of that information.\n\n**Note**\n\nA written record is not required to give a verbatim record of the information given verbally to the issuing authority.\n\n(5) Subregulation (2) does not apply if the applicant gave the requested information to the issuing authority verbally and a Public Interest Monitor was present at that time.\n\n\t18 Confirmation of receipt of further information\n\nA Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 17.\n\n\t19 Public Interest Monitor not reasonably able to be contacted—application\n\n(1) This regulation applies in relation to—\n\n(a) section 3D(3) of the **Major Crime (Investigative Powers) Act 2004**; and\n\n(b) section 4F(3) of the **Terrorism (Community Protection) Act 2003**.\n\n(2) The circumstances under which a Public Interest Monitor is not reasonably able to be contacted include the following—\n\n(a) an applicant has made reasonable attempts to comply with the notification requirements under Part 2 but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;\n\n(b) an applicant has notified a Public Interest Monitor of an application under Part 2 but a Public Interest Monitor has not made any submissions or appeared at the hearing of the application;\n\n(c) an application is being made by telephone and there are technical difficulties preventing a Public Interest Monitor from being a party to the call that cannot be overcome in a reasonable timeframe.\n\n(3) A notification that an application has proceeded without a Public Interest Monitor must be given—\n\n(a) as soon as practicable after the hearing finishes; and\n\n(b) by—\n\n(i) secure delivery if the notification includes a copy of the transcript of the hearing of an application; or\n\n(ii) email or hand delivery in any other case.\n\n(4) A notification under subregulation (3) must—\n\n(a) specify the following details—\n\n(i) the application's unique identifying number;\n\n(ii) the type of application;\n\n(iii) the issuing authority to which the application was made;\n\n(iv) whether the application was granted, and if so, whether any conditions were imposed; and\n\n(b) attach a copy of the transcript of the hearing of the application that proceeded without a Public Interest Monitor, if such a transcript was made and is available.\n\n(5) If an applicant is required to give a Public Interest Monitor information requested by the Public Interest Monitor, the applicant must do so by notifying the Public Interest Monitor—\n\n(a) as soon as practicable after the request is made; and\n\n(b) by secure delivery.\n\n(6) A notification under subregulation (5) must—\n\n(a) specify the application's unique identifying number; and\n\n(b) include a copy of the requested information.\n\n(7) For the purposes of subregulation (6)(b), if information requested by a Public Interest Monitor was given to the issuing authority verbally, an applicant need only give a written record that gives the substance of that information.\n\n**Note**\n\nA written record is not required to give a verbatim record of the information given verbally to the issuing authority.\n\n\t20 Public Interest Monitor not reasonably able to be contacted—periodic review\n\n(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—\n\nReg. 20(1)(a) amended by S.R. No. 119/2024 reg. 12(a).\n\n(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 Part 2A of these Regulations but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;\n\nReg. 20(1)(b) amended by S.R. No. 119/2024 reg. 12(b).\n\n(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 Part 2A of these Regulations 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.\n\n(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—\n\n(a) in a double-sealed envelope by a member of Victoria Police personnel;\n\n(b) in a double-sealed envelope by a secure courier;\n\n(c) email;\n\n(d) hand delivery by a member of Victoria Police personnel.\n\n(3) A notification under subregulation (2) must specify the following details—\n\n(a) the unique identifying number of the police detention decision to which the periodic review relates;\n\n(b) the date and time of the periodic review;\n\n(c) the outcome of the periodic review.\n\n(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—\n\n(a) as soon as practicable after the request is made; and\n\n(b) by secure delivery.\n\n**Note**\n\nSee sections 4K(3)(b)(ii) and 4M of the **Terrorism (Community Protection) Act 2003**.\n\n(5) A notification under subregulation (4) must—\n\n(a) specify the unique identifying number of the police detention decision to which the periodic review relates; and\n\n(b) include a copy of the requested information.\n\n\t21 Confirmation of notification that application or periodic review has proceeded\n\n(1) A Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 19(3) or (5).\n\n(2) A Public Interest Monitor must give a nominated senior police officer a written receipt as soon as practicable after being notified under regulation 20(2) or (4).\n\nPart 6—Other notifications\n\n\t22 Notification of resumed hearings\n\n(1) A notification under section 13E(5A) of the **Terrorism (Community Protection) Act 2003** must be given—\n\n(a) as soon as practicable after a hearing has been scheduled to resume; and\n\n(b) by email or hand delivery.\n\n(2) A notification under subregulation (1) must specify—\n\n(a) the application's unique identifying number; and\n\n(b) when the hearing is scheduled to resume; and\n\n(c) whether the applicant must notify a Public Interest Monitor of any further information.\n\n(3) An applicant must notify a Public Interest Monitor by email or hand delivery of any change to the details included in a notification under this regulation as soon as practicable after becoming aware of the change.\n\n\t23 Confirmation of notification of resumed hearing\n\nA Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 22.\n\n\t24 Notification of discontinued order\n\n(1) If a person is required to give a Public Interest Monitor a copy of a notice under section 11(2A) of the **Major Crime (Investigative Powers) Act 2004**, the person must do so by notifying a Public Interest Monitor—\n\n(a) as soon as practicable after the notice has been given to the Supreme Court that the coercive powers order is no longer required; and\n\n(b) by email or hand delivery.\n\n(2) A notification under subregulation (1) must—\n\n(a) specify—\n\n(i) the application's unique identifying number; and\n\n(ii) the date the notice was filed with the Supreme Court; and\n\n(b) include a copy of the notice.\n\n\t25 Confirmation of notification of discontinued order\n\nAs soon as practicable after a person has notified a Public Interest Monitor under regulation 24, the Public Interest Monitor must give that person a written receipt.\n\n\t26 Notification of revoked order or warrant\n\n(1) A notification made under section 12C(ab) of the **Major Crime (Investigative Powers) Act 2004** or section 20A(4) or 20H(5) of the **Surveillance Devices Act 1999** must be given—\n\n(a) as soon as practicable after the issuing authority has revoked the related order or warrant; and\n\n(b) by email or hand delivery.\n\n(2) A notification under subregulation (1) must specify—\n\n(a) the application's unique identifying number; and\n\n(b) the date the order or warrant was revoked.\n\n\t27 Confirmation of notification of revoked order or warrant\n\nA Public Interest Monitor must give an issuing authority a written receipt as soon as practicable after being notified under regulation 26.\n\nPart 7—Security and record keeping\n\n\t28 Dealing with law enforcement data\n\n(1) The Principal Public Interest Monitor must develop written procedures for dealing with law enforcement data, including the creation and maintenance of the following—\n\n(a) an information security policy;\n\n(b) an access control policy;\n\n(c) procedures for monitoring access activities to law enforcement data;\n\n(d) procedures for ensuring that all security classified law enforcement data is adequately protected;\n\n(e) a risk management policy for identifying, analysing and treating security risks to law enforcement data;\n\n(f) reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect law enforcement data;\n\n(g) a process for the continual monitoring and improvement of an information security incident.\n\n(2) In this regulation—\n\n***information security event*** means an identified occurrence of an information system, service or network state indicating—\n\n(a) a possible breach of an information security policy; or\n\n(b) a failure of safeguards; or\n\n(c) a previously unknown situation that may be security relevant;\n\n***information security incident***  means a single or series of information security events that are likely to have compromised the security of information;\n\n***security classified law enforcement data*** means law enforcement data that—\n\n(a) could have adverse consequences for the State, another State or a Territory or the Commonwealth if compromised; and\n\n(b) has been subject to a security risk assessment; and\n\n(c) has been assigned a protective marking or security classification label that identifies the security risk for the State, another State or a Territory or the Commonwealth if compromised and the minimum level of protection it must be afforded to safeguard it from compromise.\n\n\t29 Document register to be kept\n\nThe Principal Public Interest Monitor must keep a register of—\n\n(a) all documents that a Public Interest Monitor receives in relation to each—\n\n(i) relevant application; and\n\n(ii) police detention decision; and\n\n(iii) periodic review; and\n\n(b) the current location of those documents; and\n\n(c) the date any hard copy documents are returned to the applicant; and\n\n(d) the date by which any documents received by secure attachment to an email or other secure electronic means are dealt with under regulation 31(2)(b).\n\n\t30 Storage of documents\n\nA Public Interest Monitor must keep all documents containing law enforcement data (including all copies of applications and supporting affidavits currently in that Public Interest Monitor's possession) in a secure place that is only accessible to persons entitled to deal with that information when not in use.\n\n\t31 Return of application documents\n\n(1) This regulation applies—\n\n(a) in relation to a relevant application where the application or a supporting affidavit has been provided to a Public Interest Monitor by the relevant law enforcement agency; or\n\n(b) in relation to regulation 12, 15 or 20, where a document has been provided in accordance with the applicable regulation.\n\n(2) A Public Interest Monitor must—\n\n(a) in the case of documents received in hard copy, return that hard copy as soon as practicable after the application has been determined; or\n\n(b) in the case of documents delivered by secure attachment to an email or other secure electronic means—\n\n(i) ensure that no copy of the document is retained; or\n\n(ii) if it is not practicable to comply with subparagraph (i), destroy the document; or\n\n(iii) if it is not practicable to comply with subparagraph (i) or (ii), ensure that the document is retained in a secure form.\n\n\t32 Confirmation documents have been returned\n\n(1) An applicant must notify a Public Interest Monitor as soon as practicable after the applicant receives a document under—\n\n(a) section 3D(4) of the **Major Crime (Investigative Powers) Act 2004**; or\n\n(b) section 12D(3) of the **Surveillance Devices Act 1999**; or\n\nReg. 32(1)(c) amended by S.R. No. 119/2024 reg. 13.\n\n(c) section 4D(3) or 4J(3) of the **Telecommunications (Interception) (State Provisions) Act 1988**; or\n\n(d) section 4F(4) of the **Terrorism (Community Protection) Act 2003**.\n\n(2) An authorised police officer or a nominated senior police officer must notify a Public Interest Monitor as soon as practicable after receiving a document under section 4N(1) of the **Terrorism (Community Protection) Act 2003**.\n\n(3) A notification made under subregulation (1) or (2) must—\n\n(a) be in writing; and\n\n(b) specify the unique identifying number; and\n\n(c) specify the type of information received; and\n\n**Example**\n\nA copy of an application, a supporting affidavit or further information requested by the issuing authority.\n\n(d) specify whether or not the Public Interest Monitor has returned all required documents relating to the application, police detention decision or periodic review.\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\nThe Public Interest Monitor Regulations 2023, S.R. No. 4/2023 were made on 31 January 2023 by the Governor in Council under section 21 of the **Public Interest Monitor Act 2011**, No. 72/2011 and came into operation on 4 February 2023: regulation 3.\n\nThe Public Interest Monitor Regulations 2023 will sunset 10 years after the day of making on 31 January 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Public Interest Monitor Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nPublic Interest Monitor Amendment Regulations 2024, S.R. No. 119/2024\n\n| *Date of Making:* | 29.10.24 |\n| --- | --- |\n| *Date of Commencement:* | 1.11.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 8/2013 as amended by S.R. Nos 184/2018 and 29/2021. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 184/2018. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 29/2021. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2023 regulations focused on notification requirements for surveillance warrants and telecommunications interception. The November 2024 amendments (S.R. No. 119/2024) significantly expanded scope by adding Part 2A and related provisions to cover 'police detention decisions' and 'periodic reviews' under the Terrorism (Community Protection) Act 2003. This reflects the introduction of new counter-terrorism detention powers in Victoria, transforming the regulations from a surveillance-oversight instrument into a broader counter-terrorism and serious crime oversight framework."},"complexity_factors":["Dense cross-referencing to 6 different Acts (Public Interest Monitor Act 2011, Terrorism (Community Protection) Act 2003, Major Crime (Investigative Powers) Act 2004, Surveillance Devices Act 1999, Telecommunications (Interception) (State Provisions) Act 1988, and Commonwealth Telecommunications (Interception and Access) Act 1979)","Multiple notification pathways with conditional logic (different methods for 'remote applications' vs standard applications, different methods for police detention decisions vs regular warrants)","Nested definitions requiring external statutory knowledge (terms like 'eligible Judge', 'nominated AAT member', 'authorised police officer' are defined by reference to other Acts)","Amendment tracking complexity — the 2024 amendments show revocation of definitions and insertion of new Part 2A, requiring readers to mentally reconstruct the legislative history","Procedural redundancy — many regulations repeat similar notification requirements with minor variations for different warrant types, creating a 'copy-paste' structure that obscures unique requirements","Security classification requirements ('double-sealed envelope', 'secure delivery') that assume operational knowledge of physical and electronic security protocols not defined in the regulations themselves"],"plain_english_summary":"These regulations set out the administrative rules for how law enforcement agencies in Victoria must communicate with Public Interest Monitors (PIMs) — independent officials who oversee sensitive police and security operations.\n\n**What this does:**\n- **Establishes notification procedures**: Police and other agencies must tell PIMs about applications for covert surveillance warrants, terrorism-related detention orders, telecommunications interception warrants, and other serious investigative powers. The rules specify exactly how (by phone, email, hand delivery, or secure sealed envelopes), when (\"as soon as practicable\"), and what details must be included.\n- **Covers new police detention powers**: A 2024 update added specific rules for notifying PIMs about \"police detention decisions\" — where police can hold someone without charge for up to 4 days in terrorism investigations — including when these decisions are made, reviewed, and when detention ends.\n- **Sets security standards**: PIMs must handle sensitive \"law enforcement data\" according to strict information security policies, store documents securely, and maintain detailed registers tracking every document received and returned.\n- **Requires confirmation receipts**: PIMs must provide written receipts confirming they've received notifications, creating an audit trail.\n\n**Who it affects:**\n- **Public Interest Monitors**: Independent appointees (usually retired judges or senior lawyers) who check that police aren't overreaching when using extraordinary powers like secret surveillance or preventative detention.\n- **Victoria Police and other agencies**: Must follow these notification rules when applying for warrants or making detention decisions under terrorism, organised crime, and surveillance laws.\n- **People under investigation**: Indirectly protected by ensuring independent oversight of intrusive police powers.\n\n**Why it matters:**\nThese regulations are the operational backbone of oversight for some of Victoria's most intrusive law enforcement powers. Without these rules, PIMs wouldn't know when hearings were happening or what documents to review. The 2024 amendments expanded coverage to include new counter-terrorism detention powers, reflecting the growing complexity of security oversight."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendments made by S.R. No. 119/2024 (noted throughout the instrument) extended and clarified notification and handling rules to cover police detention decisions and periodic reviews under the Terrorism (Community Protection) Act 2003 (see insertion of Part 2A, regs 10A–10E). The Regulations also revoke earlier Public Interest Monitor Regulations and amend definitions and application clauses (see reg 4 revocations and reg 5 amendment notes), broadening the practical scope to include specific secure delivery formats (double‑sealed envelopes) and extra procedural detail for Victoria Police."},"complexity_factors":["Extensive cross‑references to multiple Acts (Major Crime (Investigative Powers) Act 2004; Surveillance Devices Act 1999; Telecommunications (Interception) (State Provisions) Act 1988; Terrorism (Community Protection) Act 2003) creating interlinked procedural triggers (see regs 6, 13, 17).","Multiple notification methods and conditional rules (telephone, email, hand delivery, double‑sealed envelope, secure electronic attachment) with method‑specific timing and content requirements (see regs 7, 10A, 13, 15).","Detailed security and information‑handling regime requiring policies, incident procedures and definitions of security‑classified data (see reg 28 and definitions in reg 5).","Record‑keeping and lifecycle obligations (register, storage, return, destruction or secure retention) that create operational compliance tasks for Monitors (regs 29–31).","Procedural contingencies when a Public Interest Monitor is unavailable, including post‑event notifications and transcript requirements, which add conditional workflows (regs 19–20).","Frequent use of defined terms and amended/revoked definitions (reg 5 and amendment notes), raising interpretive complexity about which terms apply in which contexts.","Amendments inserted by S.R. No. 119/2024 add a new Part (2A) and modify multiple provisions, increasing transitional and version‑control complexity (see amendment notes)."],"plain_english_summary":"**What it does:** Prescribes exactly how and when applicants (mainly law‑enforcement agencies) and Victoria Police must notify the Public Interest Monitor, how the Monitor must receive, secure, record and return or destroy law‑enforcement documents, and what happens if the Monitor cannot be contacted.  \n\n**Who it affects and why it matters:** Applies to applicants seeking warrants/orders and to Victoria Police for detention decisions and periodic reviews; those parties must follow specified notification methods (including secure/double‑sealed delivery), and the Monitor must keep security policies and a document register (see regs 7, 10A–10E, 28–31)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the provided text contains only administrative metadata (version history, statutory rule number, status indicators) and no substantive regulatory content. There is no basis to compare intended versus actual scope."},"complexity_factors":["Insufficient substantive content provided — only metadata and version history are present","No operative provisions, definitions, or schedules are included in the provided text","Cannot assess cross-references to parent legislation or other instruments","The underlying subject matter (surveillance oversight) is inherently technical, but this cannot be assessed from the available text"],"plain_english_summary":"These regulations set out the framework for the Public Interest Monitor in Queensland — an independent watchdog that reviews agency applications for covert surveillance powers. The provided file, however, contains only structural metadata and no substantive rules, forms, fees, or procedures.\n\nIn practice the instrument affects law enforcement seeking warrants, the Monitor’s office, and indirectly the privacy interests of Queenslanders; it matters because it governs how oversight of intrusive surveillance is carried out."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-interest-monitor-regulations-2023","history":"/api/acts/public-interest-monitor-regulations-2023/history","analysis":"/api/acts/public-interest-monitor-regulations-2023/analysis","conflicts":"/api/acts/public-interest-monitor-regulations-2023/conflicts","importantCases":"/api/acts/public-interest-monitor-regulations-2023/important-cases","documents":"/api/acts/public-interest-monitor-regulations-2023/documents"}}