{"id":"F2023L00061","name":"Telecommunications (Interception and Access) (Staff Members of Victoria Police) Declaration 2023","slug":"telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103732,"registerId":"commonwealth-F2023L00061-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Staff Members of Victoria Police) Declaration 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTelecommunications (Interception and Access) (Staff Members of Victoria Police) Declaration 2023\n\n \n\nTelecommunications (Interception and Access) Act 1979\n\nI, the Hon Mark Dreyfus KC MP, Attorney-General, acting under section 6N of the Telecommunications (Interception and Access) Act 1979,\n\n \n\na)      repeal the Victorian Police (Staff Members) Declaration 1998; and\n\n \n\nb)      declare that Victoria Police employees holding, or acting in, an office or position in the Special Projects Unit, Technical Projects Unit, and Investigative Support Group occupy positions corresponding to those of Australian Federal Police employees who are not members of the Australian Federal Police.\n\nDated 25 January 2023   \n\nThe Hon Mark Dreyfus KC MP\n\nAttorney-General\n\n \n\n \n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument repeals the Victorian Police (Staff Members) Declaration 1998 (item a)) and replaces it by declaring that Victoria Police employees holding or acting in positions in the Special Projects Unit, Technical Projects Unit, and Investigative Support Group correspond to a specified category of Australian Federal Police employees (item b)). The repeal plus the new, unit‑specific declaration changes which Victoria Police staff are treated as equivalent to the named AFP employee category for purposes of the Telecommunications (Interception and Access) Act 1979 (made under s 6N)."},"complexity_factors":["Cross‑reference to another statute (Telecommunications (Interception and Access) Act 1979, s 6N) — the declaration's legal effect depends on interpreting that Act.","Repeal of an earlier instrument (Victorian Police (Staff Members) Declaration 1998) — requires comparison to prior instrument to see net change in coverage (item a)).","Phrase 'positions corresponding to those of Australian Federal Police employees who are not members of the Australian Federal Police' requires mapping between State positions and specified AFP categories — potential for interpretive ambiguity (item b)).","Operational consequences lie in administrative implementation (who may receive or authorise access to intercepted communications), not in new standalone operational powers — this shifts complexity into agency procedures and oversight.","Short text with outsized downstream effects: instrument is brief but affects sensitive interception/access arrangements, creating implementation, training and recordkeeping burdens.","Discretion concentrated in the Attorney‑General's declaratory power under s 6N, while operational discretion remains with agencies — two separate discretion layers to manage."],"plain_english_summary":"The instrument repeals the 1998 Victorian Police declaration and, under s 6N of the Telecommunications (Interception and Access) Act 1979, declares that Victoria Police staff in the Special Projects Unit, Technical Projects Unit and Investigative Support Group correspond to AFP employees who are not AFP members. This changes which Victoria Police positions fall within the TIA Act’s interception/access categories, affecting those staff and triggering related administrative, oversight and training adjustments."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its 1998 predecessor. It continues the long-standing practice of declaring specific Victoria Police civilian positions as equivalent to AFP staff for interception access purposes. The update simply refreshes the unit names to reflect current Victoria Police organisational structure, without expanding the categories of persons or types of access beyond what was previously authorised."},"complexity_factors":["Extremely short instrument (under 200 words)","Only 2 operative paragraphs (a) and (b)","No defined terms section - relies on external definitions in the parent Act","Single cross-reference to section 6N of the Telecommunications (Interception and Access) Act 1979","No conditional logic, exceptions, or nested provisions","Straightforward declaratory language with no procedural steps"],"plain_english_summary":"This is a short legal instrument that updates which Victoria Police employees can access intercepted telecommunications data under federal law.\n\n**What it does:**\n- **Repeals** an old 1998 declaration that listed which Victoria Police staff could handle intercepted phone and internet data.\n- **Replaces it** with a new list covering three specific units within Victoria Police:\n  - **Special Projects Unit**\n  - **Technical Projects Unit** \n  - **Investigative Support Group**\n\n**Who it affects:**\n- Victoria Police employees working in these three units\n- These staff members are now treated the same as certain Australian Federal Police (AFP) employees for the purposes of accessing intercepted communications\n\n**Why it matters:**\nUnder the *Telecommunications (Interception and Access) Act 1979*, there are strict rules about who can access intercepted phone calls, emails, and other communications. Normally, only sworn police officers can handle this sensitive material. This declaration creates an exception allowing specific **civilian staff** (non-officers) in these three Victoria Police units to access this data, provided they hold or are acting in designated positions.\n\nThis ensures Victoria Police has the same operational capabilities as the AFP when investigating serious crimes, while maintaining the legal safeguards around who can touch this highly sensitive intercepted material."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023","history":"/api/acts/telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023/history","analysis":"/api/acts/telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023/important-cases","documents":"/api/acts/telecommunications-interception-and-access-staff-members-of-victoria-police-declaration-2023/documents"}}