Human Source Management Act 2023

25 Chief Commissioner must have regard to legal or other advice before registering a person as a reportable human source 27

26 Additional criteria—registration of a person as a reportable human source for the purpose of obtaining or disseminating privileged information 28

27 Additional criteria for decision to register a child as a reportable human source 29

28 Chief Commissioner may impose conditions on the registration of a reportable human source 30

29 Chief Commissioner must determine registration period for a reportable human source 30

30 Notification of registration decision 30

Division 3A—Application to Supreme Court to register a person as a reportable human source for certain purposes 31

30A Application to Supreme Court for the registration of a person as a reportable human source for certain purposes 31

30B Supreme Court may authorise the registration of a person as a reportable human source for certain purposes 34

30C Chief Commissioner may register a person as a reportable human source following court order 37

Division 4—Registration of a person as a non‑reportable human source 38

31 Application to register a person as a non-reportable human source 38

32 Chief Commissioner may request additional information to determine an application 39

33 Chief Commissioner may register a person as a non‑reportable human source 39

34 Chief Commissioner may impose conditions on the registration of a non-reportable human source 41

35 Chief Commissioner must determine registration period for a non-reportable human source 41

36 Notification of registration 41

37 Particulars to be recorded in a notice or record of registration 42

Division 5—Review of registrations of human sources other than emergency registrations 43

38 Chief Commissioner to review the registration of a human source 43

39 Actions on completion of a registration review 45

Division 6—Application for emergency registration of a human source 46

40 Application for emergency registration 46

41 Chief Commissioner to decide application for emergency registration 47

42 Record of emergency registration decision 48

43 Chief Commissioner to assess whether human source registered on an emergency registration application is a reportable human source 49

44 Conditions on emergency registration 50

Division 7—Re-registration of a person as a human source 50

45 Re-registration of a person as a human source 50

Part 4—Deactivation and suspension of registration 52

46 General power of Chief Commissioner to deactivate registration of a human source 52

47 Deactivation or suspension—human source who provides unexpected privileged information 52

48 Deactivation or suspension—human source who develops serious medical or mental health condition 54

49 Deactivation or suspension of emergency registration 55

50 Effect of information being quarantined 55

51 Effect of deactivation of registration 56

Part 5—External oversight of human source management 57

Division 1—Public Interest Monitor 57

52 Functions and powers of Public Interest Monitor 57

53 Public Interest Monitor to be given reasonable assistance 59

54 Chief Commissioner must notify Public Interest Monitor of applications to register reportable human sources 59

55 Public Interest Monitor recommendations on applications to register reportable human sources 60

56 Chief Commissioner must notify Public Interest Monitor of emergency registration of reportable human sources 61

57 Public Interest Monitor recommendations on emergency registrations 62

58 Referral of recommendations not accepted to Chief Commissioner 63

59 Certain privileges abrogated 64

60 Privilege against self-incrimination abrogated 65

61 Public Interest Monitor must return documents to Chief Commissioner 65

62 Reports 66

63 Advance copy of reports 68

64 Tabling and publishing of reports 69

Division 2—Independent Broad-based Anti‑corruption Commission 69

65 Functions and powers of IBAC 69

66 IBAC to be given reasonable assistance 71

67 IBAC to inspect Victoria Police records 71

68 Inspection of records relating to emergency registrations 72

69 Inspection of records relating to oral notifications 73

70 Inspection of records relating to human sources generally 74

71 Chief Commissioner to report on emergency registrations 76

72 Chief Commissioner to report on oral registration notifications 78

72A Chief Commissioner to report on applications to the Supreme Court 78

73 Chief Commissioner to report on registration applications 79

74 Chief Commissioner to report on material contraventions and privileged information received 80

75 IBAC recommendations to Chief Commissioner 81

76 Certain privileges abrogated 82

77 Privilege against self-incrimination abrogated 83

78 IBAC must return documents to Chief Commissioner 83

79 Reports 84

80 Advance copy of reports 86

81 Tabling and publishing of reports 86

Division 3—Integrity Oversight Victoria 87

82 Functions and powers of Integrity Oversight Victoria 87

83 Integrity Oversight Victoria to be given reasonable assistance 89

84 Integrity Oversight Victoria recommendations to Public Interest Monitor 89

85 Integrity Oversight Victoria must return documents to Public Interest Monitor 90

86 Annual report 91

Part 6—Offences 92

87 Unauthorised disclosure of human source information 92

88 Aggravated unauthorised disclosure of human source information—intent to endanger health or safety 92

89 Aggravated unauthorised disclosure of human source information—prejudice 93

Part 7—General 95

Division 1—Regulations 95

90 Regulations 95

Division 2—Transitional provisions 96

91 Pre-existing arrangements 96

92 Regulations dealing with transitional matters 96

═════════════

Endnotes 99

1 General information 99

2 Table of Amendments 101

3 Amendments Not in Operation 102

Version No. 003

Human Source Management Act 2023

No. 8 of 2023

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for the registration, use and management of human sources by Victoria Police; and

(b) to provide for the external oversight of the use of human sources; and

(c) to consequentially amend the Victoria Police Act 2013.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 30 September 2024, it comes into operation on that day.

3 Definitions

In this Act—

applicant police officer means a police officer who has made a registration application;

Assistant Commissioner means a person employed as an Assistant Commissioner under section 24 of the Victoria Police Act 2013;

Board of Inquiry has the same meaning as in the Inquiries Act 2014;

business day means a day other than—

(a) a Saturday or Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;

Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person who is under the age of 18 years;

client legal privilege includes legal professional privilege;

Department means the Department of Justice and Community Safety;

emergency registration means emergency registration of a person as a human source under section 41;

emergency registration application means an application for emergency registration under section 40;

Formal Review has the same meaning as in the Inquiries Act 2014;

human source means a person who is registered as a human source under section 23, 30C, 33 or 41;

human source activity has the meaning given in section 4;

human source management framework means—

(a) this Act; and

(b) any regulations made under this Act; and

(c) any policies of Victoria Police concerning the management of human sources;

IBAC means the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti‑corruption Commission Act 2011;

informed consent has the meaning given in section 5;

integrity body means—

(a) IBAC; or

(b) an integrity body within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011;

S. 3 def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 15.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

intelligence agency means—

(a) the Australian Security Intelligence Organisation; or

(b) the Australian Secret Intelligence Service; or

(c) the Australian Signals Directorate; or

(d) the Office of National Intelligence; or

(e) the Australian Criminal Intelligence Commission;

law enforcement agency means—

(a) the Australian Federal Police; or

(b) a police force or police service of another State or a Territory; or

(c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;

material contravention has the meaning given in section 6;

member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;

non-reportable human source means a person—

(a) registered as a non-reportable human source under section 33; or

(b) if the person was registered as a human source on an emergency registration, recorded as a non-reportable human source under section 43(b);

permitted disclosure means any of the following—

(a) disclosure for the purposes of the administration of this Act;

(b) disclosure for the purposes of any legal proceeding;

(c) disclosure to—

(i) a Royal Commission, Board of Inquiry or Formal Review; or

(ii) a body established under a law of the Commonwealth or of another State or of a Territory that is the equivalent of a Royal Commission, Board of Inquiry or Formal Review;

(d) disclosure made as required or permitted by any other law;

(e) disclosure to or within a law enforcement agency for a legitimate law enforcement purpose;

(f) disclosure to or within an intelligence agency for the purposes of gathering criminal intelligence;

(g) a disclosure to a prescribed person or for a prescribed purpose;

privileged information means information subject to the following legal obligations of privilege—

(a) client legal privilege;

(b) journalist privilege;

(c) medical privilege;

(d) religious confession privilege;

(e) parliamentary privilege;

(f) judicial privilege;

(g) public interest immunity—

but does not include—

(h) the privilege against self-incrimination; or

(i) privilege that attaches to information relating to settlement negotiations as referred to in section 131 of the Evidence Act 2008;

Public Interest Monitor means a Public Interest Monitor within the meaning of the Public Interest Monitor Act 2011;

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

registration means—

(a) registration as a reportable human source under section 23; or

(b) registration as a non-reportable human source under section 33; or

(c) emergency registration—

as the case requires;

registration application means—

(a) an application under section 21 to register a person as a reportable human source; or

(b) an application under section 31 to register a person as a non-reportable human source; or

(c) an emergency registration application; or

(d) an application to the Supreme Court under section 30A;

registration review means a review under section 38 of the registration of a human source;

reportable human source means a person—

(a) registered as a reportable human source under section 23 or 30C; or

(b) if the person was registered as a human source on an emergency registration, recorded as a reportable human source under section 43(a);

Royal Commission means—

(a) a Royal Commission established under the Inquiries Act 2014; or

(b) a Royal Commission established under the prerogative of the Crown;

serious medical or mental health condition has the meaning given in section 7;

tasking means the assigning or giving of instructions to a person to assist with a criminal investigation or the gathering of criminal intelligence;

S. 3 def. of Victoria Police amended by No. 31/2024 s. 113(Sch. 1 item 15.1(b)).

Victoria Police has the same meaning as in the Victoria Police Act 2013.

S. 3 def. of Victorian Inspectorate repealed by No. 31/2024 s. 113(Sch. 1 item 15.1(c)).

4 Meaning of *human source activity*

For the purposes of this Act, human source activity means any of the following when done for the purposes of assisting a criminal investigation or the gathering of criminal intelligence with a person who a police officer would be required to apply to register, or apply to the Supreme Court for authorisation to register, under this Act—

(a) obtaining information from the person; or

(b) tasking the person; or

(c) using or disseminating information obtained by a police officer from the person.

5 Meaning of *informed consent*

For the purposes of this Act, a person gives informed consent to registration as a human source if—

(a) the person has been given adequate information, in a language that the person understands, to enable the person to decide whether to consent to registration as a human source; and

(b) the person gives consent to registration as a human source freely without undue pressure or coercion by any other person.

6 Meaning of *material contravention*

For the purposes of this Act, a material contravention of the human source management framework is a contravention that a reasonable person would consider—

(a) has significantly and adversely impacted, or is likely to significantly and adversely impact—

(i) the integrity of the human source management framework; or

(ii) community confidence in the administration of justice or Victoria Police; or

(b) has resulted in, or is likely to result in, a serious risk to the life or safety of—

7 Meaning of *serious medical or mental health condition*

For the purposes of this Act, a person has a serious medical or mental health condition if the person has a medical condition or a mental health condition that—

(a) impedes the person's ability to make sound judgements; or

(b) impedes the person's ability to understand the person's responsibilities or role as a human source; or

(c) affects the person's capacity to give informed consent to registration as a human source; or

(d) could be exacerbated by the stress of being registered as a human source in a way that would have a significant impact on the person's welfare.

8 Act binds the Crown

(1) This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

(2) The Crown is a body corporate for the purposes of this Act and the regulations.

9 Extraterritorial application

It is the intention of the Parliament that, as far as the legislative power of the Parliament permits, the operation of this Act includes operation in relation to acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia.

10 Delegation

(1) The Chief Commissioner, by instrument, may delegate the following functions and powers of the Chief Commissioner to a police officer who is at or above the rank of Assistant Commissioner—

(a) the power to register a person as a reportable human source under section 23 or 30C;

(ab) the power to approve the making of an application under section 30A;

(b) the functions and powers under sections 22, 28, 29 and 30 relating to the registration of a reportable human source;

(c) the functions and powers under sections 41, 42, 43 and 44(1) relating to the emergency registration of a person as a human source;

(d) the power under section 44(2) to impose, vary or remove conditions on the emergency registration of a human source;

(e) the functions and powers under sections 38 and 39, to the extent they relate to a review of the registration of a reportable human source registered for the purpose of obtaining, or obtaining and disseminating—

(ii) privileged information in respect of which there is an exception to the privilege;

(f) the functions and powers under sections 54 and 55 relating to notifications to the Public Interest Monitor;

(g) the functions and powers under section 57 relating to recommendations made by the Public Interest Monitor.

(2) The Chief Commissioner, by instrument, may delegate the following functions and powers of the Chief Commissioner to a police officer who is at or above the rank of senior sergeant—

(a) the power to register a person as a non‑reportable human source under section 33;

(b) the functions and powers under sections 32, 34, 35, 36 and 37 relating to the registration of a non-reportable human source;

(c) the power under section 45(3) to deactivate the registration of a human source;

(d) the functions and powers under sections 38 and 39, to the extent they relate to a review of the registration of a non-reportable human source;

(e) the functions and powers under sections 46, 47, 48 and 49 to suspend and deactivate the registration of a human source.

(3) The Chief Commissioner, by instrument, may delegate to a police officer at or above the rank of superintendent the functions and powers of the Chief Commissioner under sections 38 and 39 to the extent they relate to a review of the registration of a reportable human source who is not registered for the purpose of obtaining, or obtaining and disseminating—

(a) privileged information; or

(b) privileged information in respect of which there is an exception to the privilege.

(4) The Chief Commissioner, by instrument, may delegate to a member of Victoria Police personnel any function or power conferred on the Chief Commissioner by or under this Act other than—

(a) the functions and powers referred to in subsection (1), (2) or (3); or

(b) the functions and powers under section 58 relating to review of a decision not to accept a recommendation made by the Public Interest Monitor; or

(c) this power of delegation.

Part 2—Prohibitions on certain human source activity and protections

Division 1—Prohibitions on certain human source activity

11 Engaging a person in human source activity

(1) A police officer must not engage a person in any human source activity unless the person is a human source.

(2) Despite subsection (1), for the purposes of assisting a criminal investigation or the gathering of criminal intelligence, a police officer may use information obtained from a person if—

(a) at the time the information obtained from that person was disseminated, the person was a human source; and

(b) the information is not quarantined under Part 4.

(3) For the purposes of this section, a person is not registered as a human source for any period during which the person's registration is suspended under Part 4.

(4) Despite subsections (1) and (2), a police officer may—

(a) obtain information from the person for the purposes of a registration application; and

(b) use information obtained from the person for the purposes of a registration application.

12 Requesting, inducing or procuring registration of a child as a human source

(1) Subject to subsection (2), a police officer must not initiate contact with a child for the purpose of requesting, inducing or procuring the registration of the child as a human source.

(2) Subsection (1) does not apply if the child provides unsolicited information or assistance to Victoria Police.

13 Prohibition on human source activity that is not consistent with registration

A police officer must not engage a human source in human source activity that would be inconsistent with the purpose for which the human source was registered.

14 Prohibition on certain management arrangements for reportable human sources

A police officer must not enter into an agreement with another law enforcement agency or an intelligence agency in relation to the joint management of—

(a) a reportable human source; or

(b) a person who—

(i) is a child; or

(ii) is reasonably expected to have access to—

(B) privileged information in respect of which there is an exception to the privilege; or

(iii) has a serious medical or mental health condition.

15 Prohibition on tasking a human source who is a child

A police officer must not task a human source who is a child.

15A Prohibition on tasking a human source where information subject to client legal privilege

A police officer must not task a human source who is registered for the purpose of a police officer obtaining, or obtaining and disseminating, information from the human source that is subject to—

(a) client legal privilege; or

(b) client legal privilege in respect of which there is an exception to the privilege.

Division 2—Protections for children

16 Protections for a child in interactions concerning registration

(1) A police officer, during any interaction with a child concerning the potential registration of that child as a human source, must ensure the presence of at least one of the following—

(ii) if a parent or guardian is unavailable or it is not appropriate for a parent or guardian to attend, an independent person.

It is not appropriate for a parent or guardian to be present if the child is to provide information about the parent or guardian or the presence of the child's parent or guardian may place the child or any other person at risk.

(2) For the purposes of subsection (1), the police officer must—

(a) consult the child before determining who will be present during the interaction; and

(b) if an Australian legal practitioner is not to be present during the interaction, inform the child and the child's parent, guardian or independent person that the child may express their wish to have an Australian legal practitioner present at any time; and

(c) take reasonable steps to facilitate the child's wishes in this regard before any interaction with the child takes place or before any further interaction with the child takes place (as the case requires).

(4) This section does not apply if the child is proposed to be registered as a human source on an emergency registration application.

17 Protections for a child who is a reportable human source

(1) A police officer, during any interaction which constitutes human source activity with a child who is a human source, must ensure the presence of at least one of the following—

(ii) if a parent or guardian is unavailable or it is not appropriate for a parent or guardian to attend, an independent person.

It is not appropriate for a parent or guardian to be present if the child is to provide information about the parent or guardian or the presence of the child's parent or guardian may place the child or any other person at risk.

(2) For the purposes of subsection (1), the police officer must—

(a) consult the child before determining who will be present during the interaction; and

(b) if an Australian legal practitioner is not to be present during the interaction, inform the child and the child's parent, guardian or independent person that the child may express their wish to have an Australian legal practitioner present at any time; and

(c) take reasonable steps to facilitate the child's wishes in this regard before any interaction with the child takes place or before any further interaction with the child takes place (as the case requires).

(5) This section does not apply to a child who is registered as a human source on an emergency registration.

17A Protections for a child—emergency registrations

(1) A child is entitled to the presence of the following persons during any interaction between the child and a police officer concerning the potential registration of that child as a human source—

(ii) if a parent or guardian is unavailable or it is not appropriate for a parent or guardian to attend, an independent person.

It is not appropriate for a parent or guardian to be present if the child is to provide information about the parent or guardian or the presence of the child's parent or guardian may place the child or any other person at risk.

(2) A human source registered on an emergency registration who is a child is entitled to the presence of the persons specified in subsection (1)(a) and (b) during any interaction between the human source and a police officer concerning the child's role as a human source.

(3) A human source registered on an emergency registration who is a child is entitled to request the presence of a person referred to in subsection (1)(a) or (b) (or both) during any other interaction between the human source and a police officer.

(4) A police officer must inform the child of the entitlements in subsection (1) before any interaction concerning potential emergency registration of the child takes place between the human source and the police officer.

(5) A police officer must inform the child of the entitlements in subsections (2) and (3) before any interaction concerning registration or deactivation takes place between the human source and the police officer.

(6) The police officer must take reasonable steps to facilitate the presence of each person entitled to be present under subsection (1) or (2) or whose presence is requested under subsection (3).

Part 3—Registration, use and management of human sources

Division 1—Requirement to apply to register a person as a human source

18 Requirement to apply to register a person as a human source

(1) A police officer must apply under this Part to register, or apply to the Supreme Court for authorisation to register, a person as a human source if—

(a) the police officer or any other police officer intends to—

(i) obtain information from the person; or

(ii) task the person; or

(iii) use or disseminate information obtained from the person by the police officer or any other police officer; and

(b) the person has a reasonable expectation that the person's identity or the provision of assistance or information by the person to Victoria Police will remain confidential.

(2) Despite subsection (1), a police officer is not required to apply to register as a human source a person who provides information to a member of Victoria Police personnel—

(a) as part of a public interest disclosure within the meaning of the Public Interest Disclosures Act 2012 made under that Act; or

(b) as part of a report under section 183 of the Children, Youth and Families Act 2005; or

(c) as expressly required by or under any Act or Commonwealth Act.

(3) Despite subsection (1), a police officer is not required to apply to register a person who anonymously provides information to a member of Victoria Police personnel.

19 Exception—unsolicited provision of information on a discrete occasion

(1) Despite section 18, a police officer is not required to apply under this Part to register a person as a human source if reasonably satisfied that—

(a) the person provides unsolicited information to the police officer or any other police officer on a discrete occasion; and

(b) the person would be registered as a human source only for the purpose of obtaining, using or disseminating the information provided on that discrete occasion; and

(c) the person—

(i) is not a child; and

(ii) is not reasonably expected to have access to—

(B) privileged information in respect of which there is an exception to the privilege; and

(iii) does not have a serious medical or mental health condition.

(2) In determining whether the information has been provided to a police officer on a discrete occasion, the police officer must consider—

(a) whether the person has previously provided related information to the police officer or any other police officer; and

(b) whether the information will require any future contact between the person and any police officer, and the nature and extent of that contact.

Division 2—Requirement for a person's informed consent to registration

20 Informed consent required before a person can be registered as a human source

(1) A person who is 18 years of age or over must not be registered as a human source under this Part unless—

(a) the person has given informed consent to the registration; and

(b) the Chief Commissioner has a record of that person's informed consent to the registration.

(2) A child must not be registered as a human source under this Part unless—

(a) the child has given informed consent to the registration; and

(b) subject to subsection (3), the child's parent or guardian has given informed consent to the registration; and

(c) the Chief Commissioner has a record of informed consent to the registration given by the child and the child's parent or guardian (if applicable).

(3) Subsection (2)(b) does not apply if it is not appropriate for the parent or guardian to give consent to the child's registration.

It is not appropriate for a parent or guardian to be present if the child is to provide information about the parent or guardian or the presence of the child's parent or guardian may place the child or any other person at risk.

(3A) If it is not appropriate for the parent or guardian to give consent to the child's registration, a police officer must ensure that an independent person is present at the time the child gives informed consent.

(4) For the purposes of this section, the person's consent may be recorded in writing or any other format, including an audio or audio-visual recording.

(5) This section does not apply to an emergency registration application if the applicant police officer is reasonably satisfied that—

(a) the person in respect of whom the application is made provides unsolicited information to the police officer or any other police officer on a discrete occasion; and

(b) the purpose of the emergency registration is limited to the obtaining, use or dissemination of the information provided on that discrete occasion.

Division 3—Application to register a person as a reportable human source

21 Application to register a person as a reportable human source

(1) A police officer may apply to the Chief Commissioner to register as a reportable human source a person who—

(a) is a child; or

(b) is reasonably expected to have access to—

(ii) privileged information in respect of which there is an exception to the privilege; or

(c) has a serious medical or mental health condition; or

(d) the police officer believes would be inappropriate to be registered as a non‑reportable human source.

(1A) A police officer must not apply to the Chief Commissioner to register as a reportable human source a person who is reasonably expected to have access to information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege, for the purpose of obtaining, or obtaining and disseminating, information of that kind.

(2) The application must—

(a) be in writing; and

(b) be signed by the applicant police officer; and

(c) include the following information—

(i) the name of the applicant police officer;

(ii) the name of the person who is to be registered as a reportable human source;

(iii) the reason for the application;

(iv) sufficient information to enable the Chief Commissioner to determine whether to register the person as a reportable human source.

See section 9 of the Electronic Transactions (Victoria) Act 2000 in relation to signature.

(3) If the application is made in respect of a child without the informed consent of the child's parent or guardian, the application must include the reason for not having obtained that consent.

22 Chief Commissioner may request additional information to determine an application

For the purposes of determining an application to register a person as a reportable human source, the Chief Commissioner may require the applicant police officer to provide any additional information that is relevant to the decision to register the person as a reportable human source.

23 Chief Commissioner may register a person as a reportable human source

(1) Subject to this section and sections 20, 24, 25, 26 and 27, the Chief Commissioner may register a person as a reportable human source if the Chief Commissioner is satisfied that—

(a) the use of the person as a human source—

(b) the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) the registration of the person as a reportable human source is otherwise appropriate and justified.

The Chief Commissioner must notify the Public Interest Monitor of an application to register a person as a reportable human source before making a decision on that application: see section 54.

(1A) The Chief Commissioner must not register a person as a reportable human source under this section if—

(a) the person is reasonably expected to have access to—

(i) information that is subject to client legal privilege; or

(ii) information in respect of which there is an exception to client legal privilege; and

(b) the purpose of the registration is for a police officer to obtain, or to obtain and disseminate, information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege.

(2) In determining whether to register a person as a reportable human source under subsection (1), the Chief Commissioner must have regard to the following—

(a) the seriousness of the offence and the imminence of any threat to which the person's information or assistance relates;

(b) the likelihood of investigators being able to obtain the information or assistance through other investigatory or intelligence methods;

(c) whether the person is reasonably expected to have access to privileged information or privileged information in respect of which there is an exception to the privilege and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(d) whether the person is reasonably expected to have access to information that is subject to a legal obligation of confidentiality and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(e) any legal advice or specialist advice regarding the registration of the person as a reportable human source (other than advice referred to in section 25);

(f) the person's age;

(g) the person's health, including the person's mental and physical health;

(h) the purpose for which the person is proposed to be registered as a reportable human source;

(i) the conditions that would be imposed on the registration under section 28;

(j) the length of time for which the person is proposed to be registered as a reportable human source;

(k) mitigation of any risk to the safety of the person if the person is registered as a reportable human source;

(l) the adequacy of the risk assessment and any other material provided in support of the application;

(m) any rewards that are proposed to be given to the person if registered as a reportable human source;

(n) if the person is a child—

(i) whether registration as a reportable human source is in the best interests of the child; and

(ii) any expected impact of registration on the child's wellbeing.

24 Chief Commissioner to have regard to Public Interest Monitor recommendations before registering a person as a reportable human source

Before registering a person as a reportable human source, the Chief Commissioner must have regard to any recommendations given by the Public Interest Monitor to the Chief Commissioner under Division 1 of Part 5 in relation to the registration of the person as a reportable human source.

25 Chief Commissioner must have regard to legal or other advice before registering a person as a reportable human source

(1) Before registering as a reportable human source under section 23 a person who is reasonably expected to have access to—

(a) privileged information; or

(b) privileged information in respect of which there is an exception to the privilege—

the Chief Commissioner must have regard to legal advice regarding the registration of the person as a reportable human source.

(2) Before registering a child as a reportable human source under section 23, the Chief Commissioner must have regard to specialist advice regarding registration of that child as a human source.

(3) Before registering as a reportable human source under section 23 a person who has a serious medical or mental health condition, the Chief Commissioner must have regard to specialist mental health advice or medical advice (as the case requires) regarding the person's medical condition or mental health condition.

(4) Without limiting subsection (2), specialist advice may be provided by a social worker or a registered psychologist.

26 Additional criteria—registration of a person as a reportable human source for the purpose of obtaining or disseminating privileged information

(1) The Chief Commissioner must not register a person as a reportable human source for the purpose of a police officer obtaining, or obtaining and disseminating, privileged information from the person unless satisfied that—

(a) there is a serious threat to—

(b) the information that the person is expected to provide if registered as a reportable human source cannot be obtained through any other reasonable means.

(2) Subsection (1) does not apply if the information that the person is to be registered to provide is subject to—

(a) client legal privilege; or

(b) an exception to client legal privilege or any other privilege.

27 Additional criteria for decision to register a child as a reportable human source

(1) The Chief Commissioner must not register a child as a reportable human source under section 23 unless satisfied that—

(a) either—

(i) there is a serious threat to—

(A) national security; or

(B) the community; or

(C) the life and welfare of any person; or

(ii) the registration of the child is necessary to investigate a serious offence; and

(b) the information or assistance that the child is expected to provide if registered as a human source cannot be obtained through any other reasonable means.

(2) In this section—

serious offence means an indictable offence that is punishable by level 1, 2 or 3 imprisonment.

28 Chief Commissioner may impose conditions on the registration of a reportable human source

Subject to any conditions imposed by the Supreme Court under section 30B, the Chief Commissioner may impose any conditions on the registration of a reportable human source that the Chief Commissioner considers necessary.

29 Chief Commissioner must determine registration period for a reportable human source

(1) If the Chief Commissioner registers a person as a reportable human source, the Chief Commissioner must determine the period (not exceeding 6 months or, if applicable, the period fixed by the Supreme Court) for which the registration is to be in effect.

(2) The Chief Commissioner must also determine the intervals at which a registration under section 23 is to be reviewed, being at least once every month.

30 Notification of registration decision

(1) If the Chief Commissioner registers a person as a reportable human source, the Chief Commissioner must immediately notify the applicant police officer in writing of the registration.

(2) A notice under subsection (1) must be signed by the Chief Commissioner and must include the following information—

(a) the name of the reportable human source;

(c) the purposes for which the reportable human source has been registered, including—

(i) the law enforcement objective for which the human source is to be used; and

(ii) how the use of the human source is proportionate to that objective;

(d) any conditions imposed on the registration;

(e) the period of the registration;

(f) the reasons for the registration decision, including the matters had regard to under section 23 (as the case requires);

(g) any other information that the Chief Commissioner considers relevant to the registration;

(h) if the reportable human source is a child, the reason for not obtaining the informed consent of the child's parent or guardian to the registration (if applicable).

Division 3A—Application to Supreme Court to register a person as a reportable human source for certain purposes

30A Application to Supreme Court for the registration of a person as a reportable human source for certain purposes

(1) A police officer, with the approval of the Chief Commissioner, may apply to the Supreme Court for an order authorising the Chief Commissioner to register a person as a reportable human source for the purpose of a police officer obtaining, or obtaining and disseminating, information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege if the police officer is reasonably satisfied—

(a) that the use of the person as a human source—

(b) that the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) that the registration of the person as a reportable human source is otherwise appropriate and justified; and

(d) of either of the following—

(i) that—

(A) there is a serious and imminent threat to national security, the health or safety of the public or a section of the public, the life of a person or of serious physical harm to a person; and

(B) registering the person as a reportable human source is immediately necessary to respond to the threat; and

(C) the information or assistance that the person is expected to provide if registered as a reportable human source cannot be obtained through any other reasonable means; or

(ii) the information is subject to an exception to client legal privilege of a kind that permits its disclosure to law enforcement officers.

(2) An application must—

(a) specify the name of the applicant; and

(b) specify the name of the person in respect of whom the application is made; and

(c) specify the information proposed to be obtained, or obtained and disseminated; and

(d) specify the reasons why the information is likely to be the subject of client legal privilege or subject to an exception to client legal privilege; and

(e) specify the required duration of the registration; and

(f) if the application is made in writing, be signed by the police officer making the application; and

(g) unless the police officer making the application reasonably believes it would be impracticable to do so, be supported by an affidavit setting out the grounds on which the application is made.

(3) If the police officer making an application under this section reasonably believes that it is impracticable for the application to be made in person, the application may be made by telephone or other electronic communication.

(4) An application that is made without a supporting affidavit must be accompanied by any information requested by the court.

(5) A police officer who makes an application without a supporting affidavit must provide a supporting affidavit within 24 hours after making the application.

30B Supreme Court may authorise the registration of a person as a reportable human source for certain purposes

(1) The Supreme Court may make an order of a kind referred to in section 30A(1) only if the court is reasonably satisfied—

(a) that the use of the person as a human source—

(b) that the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) that the registration of the person as a reportable human source is otherwise appropriate and justified; and

(d) of either of the following—

(i) that—

(A) there is a serious and imminent threat to national security, the health or safety of the public or a section of the public, the life of a person or of serious physical harm to a person; and

(B) registering the person as a reportable human source is immediately necessary to respond to the threat; and

(C) the information or assistance that the person is expected to provide if registered as a reportable human source cannot be obtained through any other reasonable means; or

(ii) the information is subject to an exception to client legal privilege of a kind that permits its disclosure to law enforcement officers; and

(e) in the case of an application that is not made in person, that it would have been impracticable for the application to be made in person; and

(f) in the case of an application that is not supported by an affidavit, that it would have been impracticable for an affidavit to have been prepared and sworn or affirmed before the application was made.

(2) In considering whether the court is reasonably satisfied of the matters specified in subsection (1), the court must consider the following—

(a) whether the person is reasonably expected to have access to privileged information or privileged information in respect of which there is an exception to the privilege and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(b) whether the person is reasonably expected to have access to information that is subject to a legal obligation of confidentiality and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(c) any specialist advice regarding the registration of the person as a reportable human source;

(d) the person's age;

(e) the person's health, including the person's mental and physical health;

(f) the purpose for which the person is proposed to be registered as a reportable human source;

(g) the conditions that would be imposed on the registration;

(h) the length of time for which the person is proposed to be registered as a reportable human source;

(i) mitigation of any risk to the safety of the person if the person is registered as a reportable human source;

(j) the adequacy of the risk assessment and any other material provided in support of the application;

(k) any rewards that are proposed to be given to the person if registered as a reportable human source;

(l) if the person is a child—

(i) whether registration as a reportable human source is in the best interests of the child; and

(ii) any expected impact of registration on the child's wellbeing; and

(m) any submissions made to the court by the Public Interest Monitor.

(3) An order must specify—

(a) whether the information that is proposed to be obtained, or obtained and disseminated, is likely to be subject to client legal privilege or an exception to client legal privilege of a kind that permits its disclosure to law enforcement officers; and

(b) the purpose for which the Chief Commissioner may register the person as a reportable human source; and

(c) the date of making of the order; and

(d) the maximum period for which the registration of the person in respect of whom the application is made may be in effect, being a period that is not longer than 7 days; and

(e) any conditions to which the order is subject.

(4) An order must not—

(a) authorise the registration of a person as a reportable human source for the purpose of tasking the person; or

(b) be varied, extended or renewed.

(5) If an order is not made in writing, the court must provide the police officer with a copy of the order as soon as it is practicable to do so.

(6) An application under this section must not be heard in open court.

30C Chief Commissioner may register a person as a reportable human source following court order

(1) The Chief Commissioner may register a person as a reportable human source if the Supreme Court makes an order under section 30B authorising the Chief Commissioner to register the person.

(2) Before registering the person, the Chief Commissioner must ensure that the person has given informed consent to the registration and that the Chief Commissioner has a record of that person's informed consent, as required by section 20.

Division 4—Registration of a person as a non‑reportable human source

31 Application to register a person as a non-reportable human source

(1) A police officer may apply to the Chief Commissioner to register as a non-reportable human source a person who—

(a) is not a child; and

(b) is not reasonably expected to have access to—

(ii) privileged information in respect of which there is an exception to the privilege; and

(c) does not have a serious medical or mental health condition.

(2) The application must—

(a) be in writing; and

(b) be signed by the applicant police officer; and

(c) include the following information—

(i) the name of the applicant police officer;

(ii) the name of the person who is to be registered as a non-reportable human source;

(iii) the reason for the application;

(iv) sufficient information to enable the Chief Commissioner to determine whether to register the person as a non‑reportable human source.

See section 9 of the Electronic Transactions (Victoria) Act 2000 in relation to signature.

32 Chief Commissioner may request additional information to determine an application

For the purposes of determining an application to register a person as a non-reportable human source, the Chief Commissioner may require the applicant police officer to provide any additional information that is relevant to the decision to register the person as a non-reportable human source.

33 Chief Commissioner may register a person as a non‑reportable human source

(1) Subject to this section and section 20, the Chief Commissioner may register a person as a non‑reportable human source if satisfied that—

(a) the use of the person as a human source—

(b) the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) the registration of the person as a non‑reportable human source is otherwise appropriate and justified.

(2) In determining whether to register a person as a non-reportable human source, the Chief Commissioner must have regard to the following—

(a) the seriousness of the offence and the imminence of any threat to which the person's information or assistance relates;

(b) the likelihood of investigators being able to obtain the information or assistance through other investigatory or intelligence methods;

(c) whether the person is reasonably expected to have access to information that is subject to a legal obligation of confidentiality and, if so, whether that information is related to the information the person is expected to provide to Victoria Police if registered as a non‑reportable human source;

(d) any legal advice or other specialist advice regarding the registration of the person as a non-reportable human source;

(e) the person's age;

(f) the person's health, including the person's mental and physical health;

(g) the purpose for which the person is proposed to be registered as a non-reportable human source;

(h) the conditions that would be imposed on the registration under section 34;

(i) the length of time for which the person is proposed to be registered as a non-reportable human source;

(j) mitigation of any risk to the safety of the person if the person is registered as a non‑reportable human source;

(k) the adequacy of the risk assessment and any other material provided in support of the registration application;

(l) any rewards that are proposed to be given to the person if registered as a non-reportable human source.

34 Chief Commissioner may impose conditions on the registration of a non-reportable human source

The Chief Commissioner may impose any conditions on the registration of a non-reportable human source that the Chief Commissioner considers necessary.

35 Chief Commissioner must determine registration period for a non-reportable human source

(1) If the Chief Commissioner registers a person as a non-reportable human source, the Chief Commissioner must determine the period (not exceeding 12 months) for which the registration is to be in effect.

(2) The Chief Commissioner must also determine the intervals at which the registration is to be reviewed, being at least once every 3 months.

36 Notification of registration

(1) Subject to subsection (2), if the Chief Commissioner registers a person as a non‑reportable human source, the Chief Commissioner must immediately notify the applicant police officer in writing of the registration.

(2) If the delay caused by giving the written notification may prejudice the purpose for which the registration is made, the Chief Commissioner may orally notify the applicant police officer of the registration.

(3) As soon as practicable after giving an oral notification under subsection (2), the Chief Commissioner must record the registration in writing.

37 Particulars to be recorded in a notice or record of registration

(1) A notice or a record of the registration required by section 36 must be signed by the Chief Commissioner and must include the following information—

(a) the name of the non-reportable human source;

(c) the purposes for which the non-reportable human source has been registered, including—

(i) the law enforcement objective for which the human source is to be used; and

(ii) how the use of the human source is proportionate to that objective;

(d) any conditions imposed on the registration;

(e) the period of the registration;

(f) the reasons for the registration decision, including the matters had regard to under section 33;

(g) any other information that the Chief Commissioner considers relevant to the registration.

(2) A record of the registration decision must also explain why the delay caused by giving the written notification may prejudice the purpose for which the registration is made.

Division 5—Review of registrations of human sources other than emergency registrations

38 Chief Commissioner to review the registration of a human source

(1) The Chief Commissioner must review the registration of a human source (other than an emergency registration or a registration under section 30C)—

(a) in the case of a reportable human source, at the intervals determined under section 29 or at the previous registration review (as the case requires); or

(b) in the case of a non-reportable human source, at the intervals determined under section 35 or at the previous registration review (as the case requires).

(2) In addition to subsection (1), the Chief Commissioner may review the registration of a human source (other than an emergency registration or a registration under section 30C) at any time as the Chief Commissioner thinks fit.

(3) In conducting a registration review, the Chief Commissioner must consider whether—

(a) the use of the person as a human source continues to be—

(i) necessary to achieve a legitimate law enforcement objective; and

(ii) proportionate to that objective; and

(b) the risks associated with the person's registration as a human source have been identified and can be adequately managed, whether or not those risks were identified at the time or registration; and

(c) the registration of the person as a human source continues to be appropriate and justified.

(4) In considering the continued registration of a human source under subsection (3), the Chief Commissioner may have regard to any or all of the following—

(a) the seriousness of the offence and the imminence of any threat to which the information or assistance relates;

(b) the likelihood of investigators being able to obtain the information or assistance through other investigatory or intelligence methods;

(c) any legal advice or other specialist advice regarding the registration of the human source;

(d) the specific purpose for which the human source is registered;

(e) the conditions imposed on the registration under section 28 or 34 (as the case requires);

(f) the registration period;

(g) mitigation of any risk to the safety of the human source;

(h) the adequacy of the risk assessment and any other material provided in support of the registration application;

(i) any rewards given to the human source.

39 Actions on completion of a registration review

(1) After completing a registration review the Chief Commissioner may do any of the following—

(a) remove or vary conditions on the registration or impose new conditions on the registration;

(b) subject to the restrictions in sections 29(1) and 35(1), change the registration period;

(c) determine the intervals at which future registration reviews are to be conducted, being—

(i) in the case of a reportable human source, at least every month; and

(ii) in the case of a non-reportable human source, at least every 3 months;

(d) in the case of a non-reportable human source, change the purpose for which the non-reportable human source has been registered;

(e) in any case, deactivate the registration of the human source in accordance with section 46, 47 or 48.

(2) The Chief Commissioner must record in writing—

(a) the outcome of the registration review; and

(b) any factors specified in section 38 that were considered in the review; and

(c) the intervals at which any future registration reviews must be conducted.

Division 6—Application for emergency registration of a human source

40 Application for emergency registration

(1) A police officer may apply to the Chief Commissioner for emergency registration of a person as a human source if satisfied that—

(b) the information or assistance that the person is expected to provide if registered as a human source cannot be obtained through any other reasonable means.

(1A) A police officer must not apply to the Chief Commissioner for emergency registration of a person as a human source a person who is reasonably expected to have access to information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege, for the purpose of obtaining, or obtaining and disseminating, information of that kind.

(2) An emergency registration application may be made orally or in writing, by any means of communication.

(3) If the emergency registration application is not made in writing, the applicant police officer must record the application in writing as soon as reasonably practicable after the application is made.

41 Chief Commissioner to decide application for emergency registration

(1) Subject to section 20 and subsection (2), the Chief Commissioner may register a person as a human source on an emergency registration application if satisfied that—

(b) the information or assistance that the person is expected to provide if registered as a human source cannot be obtained through any other reasonable means; and

(c) the use of the person as a human source—

(d) the emergency registration of the person as a human source is otherwise appropriate and justified.

(1A) The Chief Commissioner must not register a person as a human source on an emergency registration application if—

(a) the person is reasonably expected to have access to—

(i) information that is subject to client legal privilege; or

(ii) information in respect of which there is an exception to client legal privilege; and

(b) the purpose of the registration is for a police officer to obtain, or to obtain and disseminate, information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege.

(2) The Chief Commissioner must not register the person as a human source on an emergency registration application unless the Chief Commissioner has considered the risks associated with the person's emergency registration as a human source.

(3) The Chief Commissioner must immediately notify the applicant police officer of the emergency registration of a person as a human source orally, or in writing or by telephone, fax, email or any other means of communication.

42 Record of emergency registration decision

(1) As soon as reasonably practicable after notifying the applicant police officer of the emergency registration of a person as a human source, the Chief Commissioner must record the registration in writing.

(2) The record of registration must be signed by the Chief Commissioner and must include the following information—

(a) the name of the human source;

(c) the purposes for which the human source has been registered;

(d) any conditions imposed on the emergency registration;

(e) the reasons for the emergency registration decision, including—

(i) the serious and imminent threat to national security, or the community or the life and welfare of any person; and

(ii) why the information or assistance that the human source was registered to provide cannot be obtained through any other reasonable means;

(f) any other information that the Chief Commissioner considers relevant to the emergency registration.

43 Chief Commissioner to assess whether human source registered on an emergency registration application is a reportable human source

As soon as reasonably practicable but within 2 business days after the making of an emergency registration, the Chief Commissioner must record the human source as—

(a) a reportable human source, if—

(i) the human source is a child; or

(ii) the human source is reasonably expected to have access to—

(B) privileged information in respect of which there is an exception to the privilege; or

(iii) the human source has a serious medical or mental health condition; or

(iv) the Chief Commissioner otherwise believes it is appropriate to record the human source as a reportable human source; or

(b) in any other case, a non-reportable human source.

The Chief Commissioner must notify the Public Interest Monitor as soon as practicable if the human source is recorded as a reportable human source: see section 56.

44 Conditions on emergency registration

(1) The Chief Commissioner may impose any conditions on the emergency registration of a person as a human source that the Chief Commissioner considers necessary.

(2) The Chief Commissioner may at any time, as the Chief Commissioner thinks fit, do any of the following—

(a) impose new conditions on an emergency registration;

(b) vary the conditions imposed on an emergency registration;

(c) remove conditions imposed on an emergency registration.

Division 7—Re-registration of a person as a human source

45 Re-registration of a person as a human source

(1) A person may be registered as a human source under this Part any number of times.

(2) A police officer may make a further registration application in respect of a person registered as a human source at any time before the expiry of—

(a) the registration period determined under section 29 or 35; or

(b) if another registration period has been determined under section 39 on a registration review, that period.

(3) The Chief Commissioner must deactivate the registration of a human source at the expiry of the registration period referred to in subsection (2) unless a police officer has earlier commenced a further registration application under this Part.

(4) Despite subsection (3), in the case of a registration under section 30C that is the subject of a further application to the Supreme Court under section 30A, the Chief Commissioner must suspend the registration of the human source at the expiry of the registration period determined under section 29(1) until the further application has been determined by the court.

Part 4—Deactivation and suspension of registration

46 General power of Chief Commissioner to deactivate registration of a human source

(1) The Chief Commissioner may deactivate the registration of a human source at any time, for any reason the Chief Commissioner thinks fit.

(2) Without limiting subsection (1), the Chief Commissioner must deactivate the registration of a human source if—

(a) the Chief Commissioner is no longer satisfied that the registration of the human source—

(i) is necessary to achieve a legitimate law enforcement objective; or

(ii) is proportionate to that objective; or

(b) the Chief Commissioner is no longer satisfied that the risks associated with the person's registration as a human source have been identified and can be adequately managed; or

(c) the Chief Commissioner is no longer satisfied that the registration of the human source is otherwise appropriate and justified; or

(d) the human source withdraws consent to the registration.

47 Deactivation or suspension—human source who provides unexpected privileged information

(1) If a human source provides privileged information (other than privileged information that the human source was registered to provide)—

(a) as far as reasonably practicable, the Chief Commissioner must ensure that the privileged information is immediately quarantined; and

(i) if the Chief Commissioner considers it is still necessary to use the person as a human source, suspend the registration pending a further registration application; or

(ii) otherwise, deactivate the registration of the human source.

(2) If a human source provides privileged information in respect of which there is an exception to the privilege (other than information that the human source was registered to provide)—

(a) as far as reasonably practicable, the Chief Commissioner must ensure that the privileged information is immediately quarantined; and

(i) if the Chief Commissioner considers it is still necessary to use the person as a human source, suspend the registration pending a further registration application; or

(ii) otherwise, deactivate the registration of the human source.

(3) If a registration of a human source has been suspended under subsection (1) or (2), and a further registration application is not made within 3 months, the Chief Commissioner must deactivate the registration.

(4) This section does not apply in respect of an emergency registration unless a human source registered under an emergency registration has unexpectedly provided information which is subject to client legal privilege or information that is subject to client legal privilege in respect of which there is an exception to the privilege.

48 Deactivation or suspension—human source who develops serious medical or mental health condition

(1) If, during the registration period (including any period for which the registration was suspended), a human source develops a serious medical or mental health condition—

(a) as far as reasonably practicable, the Chief Commissioner must ensure that information provided by the human source after developing the condition is immediately quarantined; and

(i) if the Chief Commissioner considers it is still necessary to use the person as a human source, suspend the registration pending a further registration application; or

(ii) otherwise, deactivate the registration of the non-reportable human source.

(2) If a registration of a human source has been suspended under subsection (1), and a further registration application is not made within 3 months, the Chief Commissioner must deactivate the registration.

(3) This section does not apply in respect of an emergency registration.

49 Deactivation or suspension of emergency registration

(1) This section applies if the Chief Commissioner has registered a person as a human source on an emergency registration application and the Chief Commissioner is no longer satisfied that—

(iii) the life and welfare of any person; or

(b) the information or assistance that the person was registered to provide cannot be obtained through any other reasonable means.

(2) The Chief Commissioner must ensure any information provided by the human source (as far as is reasonably practicable) is immediately quarantined and—

(a) if the Chief Commissioner considers it is still necessary to use the person as a human source, suspend the registration pending a further registration application; or

(b) otherwise, deactivate the emergency registration of the human source.

50 Effect of information being quarantined

Victoria Police must not further use or disseminate for purposes of criminal intelligence or a criminal investigation any information that is quarantined under this Part unless and until the person who provided it is re-registered as a human source under section 23, 30C, 33 or 41.

51 Effect of deactivation of registration

On the deactivation of the registration of a person as a human source, that person ceases to be a human source.

Part 5—External oversight of human source management

Division 1—Public Interest Monitor

52 Functions and powers of Public Interest Monitor

(1) The Public Interest Monitor has the following functions under this Act—

(a) to inform the registration of a person as a reportable human source under section 23 by—

(i) testing the content and sufficiency of the information relied on by the Chief Commissioner to make a decision on an application to register the person as a reportable human source; and

(ii) giving recommendations to the Chief Commissioner as to whether the person should be registered as a reportable human source;

(ab) to appear at the hearing of an application under section 30A to test the content and sufficiency of the information relied on and the circumstances of the application;

(b) to provide retrospective oversight of the emergency registration of a reportable human source by—

(i) testing the content and sufficiency of the information relied on by the Chief Commissioner to make the emergency registration; and

(ii) giving recommendations to the Chief Commissioner as to whether the emergency registration should have been made;

S. 52(1)(c) amended by No. 31/2024 s. 113(Sch. 1 item 15.2).

(c) to give to IBAC and Integrity Oversight Victoria any information that the Public Interest Monitor considers on reasonable grounds is relevant to the functions of IBAC or Integrity Oversight Victoria (as the case requires) under this Act.

(2) For the purpose of performing the Public Interest Monitor's functions under subsection (1), the Public Interest Monitor may—

(a) request a member of Victoria Police personnel to do any of the following—

(i) answer the Public Interest Monitor's questions;

(ii) produce documents to the Public Interest Monitor;

(iii) provide information to the Public Interest Monitor; and

(b) direct in writing a member of Victoria Police personnel to do a thing described in paragraph (a); and

(c) for the purpose of performing the function under subsection (1)(ab)—

(i) make submissions to the court by telephone or other electronic communication; and

(ii) ask questions of any person giving information in relation to the application; and

(iii) make submissions to the Supreme Court as to the appropriateness of granting the application.

S. 52(3) amended by No. 31/2024 s. 113(Sch. 1 item 15.2).

(3) Within 3 days after giving a direction under subsection (2)(b), the Public Interest Monitor must give a copy of the direction to Integrity Oversight Victoria.

53 Public Interest Monitor to be given reasonable assistance

(1) The Chief Commissioner must give the Public Interest Monitor any assistance that the Public Interest Monitor reasonably requires to enable the Public Interest Monitor to perform functions under this Act.

(2) The Chief Commissioner must ensure that any other member of Victoria Police personnel gives the Public Interest Monitor any assistance that the Public Interest Monitor reasonably requires to enable the Public Interest Monitor to perform functions under this Act.

54 Chief Commissioner must notify Public Interest Monitor of applications to register reportable human sources

(1) The Chief Commissioner must notify the Public Interest Monitor of any application to register a person as a reportable human source.

(1A) The Chief Commissioner, as soon as practicable after the making of an application under section 30A and in accordance with the regulations (if any), must provide the Public Interest Monitor with—

(a) a copy of the application; and

(b) a copy of any affidavit in support of the application and of any information provided to the court.

(2) A notification under subsection (1) must be given—

(a) in accordance with the regulations (if any); and

(b) as soon as practicable after the registration application is made to the Chief Commissioner or the Supreme Court and before the Chief Commissioner or the Supreme Court makes a decision on the application (as the case requires).

(3) The Chief Commissioner must give the Public Interest Monitor all information that is relevant to the registration application, including any information of which the Chief Commissioner is aware that is adverse to the person being registered as a reportable human source.

(4) The Chief Commissioner must ensure that a member of Victoria Police personnel—

(a) on the request of the Public Interest Monitor, gives to the Public Interest Monitor all documents and information; and

(b) answers any question of the Public Interest Monitor—

that is relevant to the registration application.

55 Public Interest Monitor recommendations on applications to register reportable human sources

(1) In giving a recommendation to the Chief Commissioner about whether a person should be registered as a reportable human source under section 23, the Public Interest Monitor must have regard to the criteria for registration in section 23(1) and (2).

(2) Within a reasonable time after receiving a recommendation described in subsection (1), the Chief Commissioner must notify the Public Interest Monitor that the recommendation is—

The Chief Commissioner must have regard to any recommendations of the Public Interest Monitor before registering a person as a reportable human source under section 23: see section 24.

(3) A notification under subsection (2)(a) must include details of any actions that have been taken or will be taken to implement the recommendation.

(4) A notification under subsection (2)(b) must state the reason for not accepting the recommendation.

56 Chief Commissioner must notify Public Interest Monitor of emergency registration of reportable human sources

As soon as practicable but within 2 business days after recording a human source as a reportable human source under section 43(a), the Chief Commissioner must give the Public Interest Monitor—

(a) all information relevant to the emergency registration decision; and

(b) a report explaining—

(i) the serious and imminent threat to national security, the community or the life and welfare of any person; and

(ii) why the information or assistance that the human source was registered to provide cannot be obtained through any other reasonable means.

57 Public Interest Monitor recommendations on emergency registrations

(1) The Public Interest Monitor must give any recommendations about whether an emergency registration should have been made to the Chief Commissioner as soon practicable after receiving a report under section 56.

(2) The Chief Commissioner must consider any recommendations described in subsection (1) as soon as practicable.

(3) Within a reasonable time after receiving a recommendation described in subsection (1), the Chief Commissioner must notify the Public Interest Monitor that the recommendation is—

(4) A notification under subsection (3)(a) must include details of any actions that have been taken or will be taken to implement the recommendation.

(5) A notification under subsection (3)(b) must state the reason for not accepting the recommendation.

58 Referral of recommendations not accepted to Chief Commissioner

(1) If the Public Interest Monitor is notified under section 55(2)(b) or 57(3)(b) that a recommendation is not accepted, the Public Interest Monitor may refer the decision not to accept the recommendation to the Chief Commissioner for review.

The Chief Commissioner cannot delegate a review under this section: see section 10.

(2) On a review under this section, the Chief Commissioner may—

(a) affirm the decision; or

(b) vary the decision; or

(c) set aside the decision and substitute a new decision.

(3) Within a reasonable time after receiving a referral under subsection (1), the Chief Commissioner must notify the Public Interest Monitor of the outcome of the review, including—

(a) if the decision was varied or set aside, any actions that have been taken or will be taken to implement the Public Interest Monitor's recommendation; and

(b) if the decision was affirmed, the reason for not accepting the Public Interest Monitor's recommendation.

(4) This section does not apply if the decision described in subsection (1) was made by the Chief Commissioner personally.

59 Certain privileges abrogated

(1) If information is required, requested or directed to be given to the Public Interest Monitor, or is otherwise shared by the Public Interest Monitor with IBAC, under this Division—

(a) a member of Victoria Police personnel is not entitled to assert public interest immunity or client legal privilege in response to that requirement, request or direction or sharing of information; and

(b) any immunity or privilege referred to in paragraph (a) is abrogated to the extent of that requirement, request or direction or sharing of information; and

(c) any obligation on a member of Victoria Police personnel to maintain secrecy, or any other restriction on the disclosure of information, imposed by or under an Act or rule of law—

(i) is overridden; and

(ii) does not apply to information given or directed to be given to the Public Interest Monitor under this Division.

(2) A member of Victoria Police personnel is not subject to any criminal, civil, administrative or disciplinary proceeding or action only because the member has not maintained secrecy or complied with a restriction on the disclosure of information in the circumstances referred to in subsection (1).

(3) This section does not apply to information, documents or things that are subject to Cabinet confidentiality.

60 Privilege against self-incrimination abrogated

(1) A person is not excused from giving any information, document or answer in response to a direction of the Public Interest Monitor under this Division on the ground that the giving of the information, document or answer might tend to incriminate the person or make the person liable to a penalty.

(2) Any information, document or answer given in response to a direction of the Public Interest Monitor under this Division is not admissible in evidence against the person giving the information, document or answer before any court or person acting judicially, except in a proceeding—

(a) for perjury or giving false information; or

(b) under Part 7 of the Victoria Police Act 2013 for breach of discipline.

(3) Any evidence obtained as a direct or indirect consequence of any information, document or answer given in response to a direction of the Public Interest Monitor under this Division is not admissible against the person giving the information, document or answer in a criminal proceeding or proceeding for the imposition of a penalty brought against that person.

61 Public Interest Monitor must return documents to Chief Commissioner

(1) As soon as practicable after a decision is made on a registration application, the Public Interest Monitor must return to the Chief Commissioner any document relating to that application that was given to the Public Interest Monitor under this Division and any copies made by the Public Interest Monitor of those documents.

(2) As soon as practicable after making recommendations about an emergency registration, the Public Interest Monitor must return to the Chief Commissioner any document relating to that emergency registration that was given to the Public Interest Monitor under this Division and any copies made by the Public Interest Monitor of those documents.

62 Reports

(1) The Public Interest Monitor must report to the Attorney-General on the performance of the Public Interest Monitor's functions under this Act—

(a) at least once each financial year; and

(b) if requested by the Attorney-General to do so, as soon as practicable after receiving the request.

(2) A report under subsection (1) must be in writing and specify or include—

(a) the number of times the Public Interest Monitor was notified under section 54 of a registration application; and

(b) the number of times a registration application described in paragraph (a) was for the purpose of obtaining or disseminating privileged information; and

(c) the number of times the Public Interest Monitor was notified under section 56 of the emergency registration of a reportable human source; and

(d) whether, in the opinion of the Public Interest Monitor, each emergency registration described in paragraph (c) was justified in the circumstances; and

(e) the number of occasions on which recommendations given under this Division to the Chief Commissioner were accepted; and

(f) the number of occasions on which recommendations given under this Division to the Chief Commissioner were not accepted; and

(g) whether, in the opinion of the Public Interest Monitor, the reasons given by the Chief Commissioner for not accepting a recommendation described in paragraph (f) were adequate; and

(ga) the number of times the Public Interest Monitor was notified under section 54 of an application to the Supreme Court under section 30A; and

(h) any other relevant matter.

(3) Subject to section 63, the Public Interest Monitor may give the Attorney-General an additional report on any of the matters specified in subsection (2) at any time.

(4) The Public Interest Monitor must give a copy of a report under this section to—

(a) the Minister administering the Victoria Police Act 2013; and

(b) the Chief Commissioner.

(5) The Public Interest Monitor must exclude information from a report under subsection (1) or (3) or section 19 of the Public Interest Monitor Act 2011 if satisfied (whether on the advice of the Chief Commissioner under section 63 or otherwise) that the information could—

(b) compromise the operational activities or methodologies of Victoria Police, a law enforcement agency, an intelligence agency or an integrity body; or

63 Advance copy of reports

(1) Before the Public Interest Monitor gives a report to the Attorney-General under section 62(1) or (3), the Public Interest Monitor must—

(a) give an advance copy of the report to the Chief Commissioner; and

(b) give the Chief Commissioner a reasonable opportunity to consider whether the report contains any information that should be excluded from the report on any of the grounds set out in section 62(5).

(2) The Chief Commissioner must advise the Public Interest Monitor of any information that, in the opinion of the Chief Commissioner, should be excluded from the report under section 62(5).

64 Tabling and publishing of reports

(1) The Attorney-General must cause a report under section 62 to be presented to each House of Parliament within 14 sitting days of that House after the report is received by the Attorney‑General.

(2) The Attorney‑General must cause a copy of a report tabled in accordance with this section to be published on the Department's website.

Division 2—Independent Broad-based Anti‑corruption Commission

65 Functions and powers of IBAC

(1) IBAC has the following functions under this Act—

(a) to monitor compliance by the Chief Commissioner and other members of Victoria Police personnel with the human source management framework;

See section 5 of the Independent Broad-based Anti‑Corruption Commission Act 2011 in relation to the meaning of police personnel misconduct.

(b) to receive and consider reports from the Chief Commissioner in relation to—

(i) registration applications and emergency registrations; and

(ii) material contraventions of the human source management framework; and

(iii) the receipt by police officers of the following information from human sources—

(A) privileged information;

(B) privileged information in respect of which there is an exception to the privilege;

(c) to report findings and make recommendations to the Chief Commissioner on any matter arising out of Victoria Police's management of human sources, including—

(i) compliance by the Chief Commissioner and other members of Victoria Police personnel with the human source management framework; and

(ii) matters arising from reports from the Chief Commissioner; and

(iii) matters relating to the implementation of IBAC's recommendations;

(d) to give to the Public Interest Monitor any information that IBAC considers on reasonable grounds is relevant to the Public Interest Monitor's functions under this Act;

S. 65(1)(e) amended by No. 31/2024 s. 113(Sch. 1 item 15.3).

(e) to give to Integrity Oversight Victoria any information that IBAC considers on reasonable grounds is relevant to Integrity Oversight Victoria's functions under the Integrity Oversight Victoria Act 2011.

(2) For the purpose of performing IBAC's functions under subsection (1), IBAC may—

(a) request a member of Victoria Police personnel to do any of the following—

(i) answer IBAC's questions;

(ii) produce documents to IBAC;

(iii) provide information to IBAC; and

(b) direct in writing a member of Victoria Police personnel to do a thing described in paragraph (a).

S. 65(3) amended by No. 31/2024 s. 113(Sch. 1 item 15.4).

(3) Within 3 days after giving a direction under subsection (2)(b), IBAC must give a copy of the direction to Integrity Oversight Victoria.

66 IBAC to be given reasonable assistance

(1) The Chief Commissioner must give IBAC any assistance that IBAC reasonably requires to enable IBAC to perform functions under this Act.

(2) The Chief Commissioner must ensure that any other member of Victoria Police personnel gives IBAC any assistance that IBAC reasonably requires to enable IBAC to perform functions under this Act.

67 IBAC to inspect Victoria Police records

(1) For the purpose of monitoring compliance by members of Victoria Police personnel with the human source management framework, IBAC must inspect the records of Victoria Police—

(a) in the case of emergency registrations, at least once every 3 months; and

(b) if the applicant police officer was orally notified of the registration decision, at least once every 3 months; and

(c) in any other case, at least once every 12 months.

(2) IBAC, after notifying the Chief Commissioner, may—

(a) enter at any time premises occupied by Victoria Police; and

(b) access the records of Victoria Police relating to the management of human sources at all reasonable times; and

(c) inspect or copy records described in paragraph (b).

(3) IBAC may conduct further inspections in accordance with subsection (2) for any of the following purposes—

(a) to assess whether adequate measures to rectify a material contravention of the human source management framework have been implemented;

(b) to assess whether adequate measures to control the risks associated with the receipt of privileged information or privileged information in respect of which there is an exception to the privilege have been implemented;

(c) to monitor and assess the implementation of IBAC's recommendations.

68 Inspection of records relating to emergency registrations

(1) An inspection under section 67(1)(a) may consist of IBAC inspecting the records of—

(a) all human sources registered on an emergency registration; or

(b) a sample of human sources registered on an emergency registration, as selected by IBAC.

(3) For each human source whose records were selected for inspection under subsection (1), IBAC must assess whether the decisions made by the Chief Commissioner and any other member of Victoria Police personnel with respect to the human source—

(4) This section does not limit IBAC's powers of entry and inspection under section 67.

69 Inspection of records relating to oral notifications

(1) An inspection under section 67(1)(b) may consist of IBAC inspecting the records of—

(a) all human sources whose registration was orally notified; or

(b) a sample of human sources whose registration was orally notified, as selected by IBAC.

(3) For each human source whose records were selected for inspection under subsection (1), IBAC must assess whether the decisions made by the Chief Commissioner and any other member of Victoria Police personnel with respect to the human source—

(4) In considering whether the decisions described in subsection (3) complied with the human source management framework, IBAC may have regard to any of the following matters—

(a) whether the risks to the safety, welfare and human rights of the human source were adequately managed during the registration period (including any period for which the registration was suspended);

(b) whether there was an improper relationship between the human source and a member of Victoria Police personnel;

(c) whether the tasking of the human source was justified by the purpose of the registration;

(d) whether any changes to the purpose of the human source's registration were appropriate and justified;

(e) the appropriateness of any rewards given to the human source;

(f) any other matter IBAC considers relevant.

(5) This section does not limit IBAC's powers of entry and inspection under section 67.

70 Inspection of records relating to human sources generally

(1) An inspection under section 67(1)(c) may consist of IBAC inspecting the records of a sample of human sources selected by IBAC having regard to—

(a) the risks associated with each category of human source and the information provided; and

(b) any risks and issues identified in previous inspections; and

(c) any other matter IBAC considers relevant.

(3) For each human source whose records were selected for inspection under subsection (1), IBAC must assess whether the decisions made by the Chief Commissioner and any other member of Victoria Police personnel with respect to the human source—

(4) In considering whether the decisions described in subsection (3) complied with the human source management framework, IBAC may have regard to any of the following matters—

(a) whether the Chief Commissioner appropriately registered the human source as either a reportable human source or a non‑reportable human source;

(b) whether the Public Interest Monitor's recommendations (if any) were implemented;

(c) whether the risks to the safety, welfare and human rights of the human source were adequately managed during the registration period (including any period for which the registration was suspended);

(d) whether there was an improper relationship between the human source and a member of Victoria Police personnel;

(e) whether the tasking of the human source was justified by the purpose of the registration;

(f) whether any changes to the purpose of the human source's registration were appropriate and justified;

(g) the appropriateness of any rewards given to the human source;

(h) whether the receipt from the human source of privileged information or privileged information in respect of which there is an exception to the privilege was appropriate and justified;

(i) any other matter IBAC considers relevant.

(5) This section does not limit IBAC's powers of entry and inspection under section 67.

71 Chief Commissioner to report on emergency registrations

The Chief Commissioner must give a report to IBAC at least once every 3 months which specifies the following information—

(a) the number of emergency registration applications in the reporting period;

(b) the reasons for an application for emergency registration being refused or discontinued;

(c) the number of emergency registrations in the reporting period and, of those—

(i) the number relating to reportable human sources; and

(ii) the number relating to non-reportable human sources;

(d) in respect of reportable human sources registered on an emergency registration in the reporting period—

(i) the number who are reasonably expected to have access to privileged information or privileged information in respect of which there is an exception to the privilege; and

(ii) the number who are children; and

(iii) the number who have a serious medical or mental health condition;

(e) for each emergency registration made in the reporting period—

(iii) any conditions imposed on the emergency registration; and

(iv) any period during which the emergency registration was suspended; and

(v) whether the emergency registration was deactivated.

72 Chief Commissioner to report on oral registration notifications

The Chief Commissioner must give a report to IBAC at least once every 3 months which specifies the following information—

(a) the number of oral registration notifications in the reporting period;

(b) for each oral registration notification made in the reporting period—

(iii) any conditions imposed on the registration; and

(iv) any period during which the registration was suspended; and

(v) whether the registration was deactivated.

72A Chief Commissioner to report on applications to the Supreme Court

The Chief Commissioner must give a report to IBAC at least once every 3 months which specifies the number of applications made under section 30A and, of those—

(a) the number that were granted by the court; and

(b) the number that were refused and the reasons each was refused.

73 Chief Commissioner to report on registration applications

The Chief Commissioner must give a report to IBAC at least once every 12 months which specifies the following information—

(a) the number of registration applications made in the reporting period;

(b) the reasons for a registration application being refused or discontinued;

(c) the number of human sources registered in the reporting period and, of those—

(i) the number who are reportable human sources; and

(ii) the number who are non-reportable human sources;

(d) in respect of reportable human sources registered in the reporting period—

(i) the number who are reasonably expected to have access to privileged information or privileged information in respect of which there is an exception to the privilege; and

(ii) the number who are children; and

(iii) the number who have a serious medical or mental health condition;

(e) for each registration made in the reporting period—

(iii) any conditions imposed on the registration; and

(iv) any period during which the registration was suspended; and

(v) whether the registration was deactivated.

74 Chief Commissioner to report on material contraventions and privileged information received

(1) The Chief Commissioner must give a report to IBAC at least once every 6 months about—

(a) instances of material contraventions of the human source management framework; and

(b) the receipt by a police officer of the following information from human sources—

(i) privileged information;

(ii) privileged information in respect of which there is an exception to the privilege.

(2) A report under subsection (1)(a) must—

(a) fully explain the circumstances of a material contravention; and

(b) outline the steps taken or planned to be taken to rectify a material contravention and prevent it recurring.

(3) A report under subsection (1)(b) must—

(a) explain how the information received from the human source has been dealt with, or will be dealt with; and

(b) in the case of a reportable human source, specify—

(i) any recommendations from the Public Interest Monitor in relation to the registration of the reportable human source; and

(ii) the response of the Chief Commissioner to those recommendations; and

(c) any measures implemented to control the risks associated with the receipt of the information.

(4) On receiving a report under subsection (1), IBAC must—

(a) determine whether adequate measures have been implemented to—

(i) rectify the material contravention; or

(ii) control any risks associated with the receipt of the information referred to in subsection (1)(b); and

(b) make any recommendations to the Chief Commissioner that IBAC considers appropriate.

75 IBAC recommendations to Chief Commissioner

(1) IBAC may recommend that the Chief Commissioner take any action in relation to the management of human sources that IBAC considers appropriate.

(2) A recommendation under subsection (1) must be made in private.

(3) Within 45 days after receiving a recommendation under subsection (1), the Chief Commissioner must notify IBAC that the recommendation is—

(4) The Chief Commissioner must give a report to IBAC stating the reason for not accepting the recommendation under subsection (3)(b).

(5) The Chief Commissioner, within a reasonable time after accepting a recommendation under subsection (3)(a), must take the recommended action.

76 Certain privileges abrogated

(1) If information is required, requested or directed to be given to IBAC, or is otherwise shared by IBAC with the Public Interest Monitor, under this Division—

(a) a member of Victoria Police personnel is not entitled to assert public interest immunity or client legal privilege in response to that requirement, request or direction or sharing of information; and

(b) any immunity or privilege referred to in paragraph (a) is abrogated to the extent of that requirement, request or direction or sharing of information; and

(c) any obligation on a member of Victoria Police personnel to maintain secrecy, or any other restriction on the disclosure of information, imposed by or under an Act or rule of law—

(i) is overridden; and

(ii) does not apply to information given or directed to be given to IBAC under this Division.

(2) A member of Victoria Police personnel is not subject to any criminal, civil, administrative or disciplinary proceeding or action only because the member has not maintained secrecy or complied with a restriction on the disclosure of information in the circumstances referred to in subsection (1).

(3) This section does not apply to information, documents or things that are subject to Cabinet confidentiality.

77 Privilege against self-incrimination abrogated

(1) A person is not excused from giving any information, document or answer in response to a direction of IBAC under this Division on the ground that the giving of the information, document or answer might tend to incriminate the person or make the person liable to a penalty.

(2) Any information, document or answer given in response to a direction of IBAC under this Division is not admissible in evidence against the person giving the information, document or answer before any court or person acting judicially, except in a proceeding—

(a) for perjury or giving false information; or

(b) under Part 7 of the Victoria Police Act 2013 for breach of discipline.

(3) Any evidence obtained as a direct or indirect consequence of any information, document or answer given in response to a direction of IBAC under this Division is not admissible against the person giving the information, document or answer in a criminal proceeding or proceeding for the imposition of a penalty brought against that person.

78 IBAC must return documents to Chief Commissioner

As soon as practicable after IBAC completes its assessment under section 68(3), 69(3) or 70(3) (as the case requires), IBAC must return to the Chief Commissioner any document given to or accessed by IBAC under this Division and any copies made by IBAC of those documents.

79 Reports

(1) IBAC must report to the Attorney-General on the performance of IBAC's functions under this Act and the compliance by the Chief Commissioner and other members of Victoria Police personnel with the human source management framework—

(a) at least once each financial year; and

(b) if requested by the Attorney-General to do so, as soon as practicable after receiving the request.

(2) A report under subsection (1) must be in writing and specify or include—

(a) the extent of compliance by the Chief Commissioner and other members of Victoria Police personnel with the human source management framework, including the appropriateness of decisions made in relation to human sources; and

(b) the number and nature of material contraventions reported by the Chief Commissioner and the adequacy of any remedial action taken by the Chief Commissioner and other members of Victoria Police personnel; and

(c) the extent of compliance by the Chief Commissioner and members of Victoria Police personnel with reporting requirements under this Act; and

(d) the number of times IBAC was notified by the Chief Commissioner that the following information had been received from a human source—

(i) privileged information;

(ii) privileged information in respect of which there is an exception to the privilege; and

(e) any recommendations made by IBAC to the Chief Commissioner and the Chief Commissioner's response to and progress in implementing those recommendations; and

(f) any other relevant matter.

(3) Subject to section 80, IBAC may give the Attorney-General an additional report on any of the matters specified in subsection (2) at any time.

(4) IBAC must give a copy of any report under this section to—

(a) the Minister administering the Victoria Police Act 2013; and

(b) the Chief Commissioner.

(5) IBAC must exclude information from a report under subsection (1) or (3) or section 162 or 165 of the Independent Broad-based Anti‑corruption Commission Act 2011 if satisfied (whether on the advice of the Chief Commissioner under section 80 or otherwise) that the information could—

(b) compromise the operational activities or methodologies of Victoria Police, a law enforcement agency, an intelligence agency or an integrity body; or

80 Advance copy of reports

(1) Before IBAC gives a report to the Attorney‑General under section 79(1) or (3), IBAC must—

(a) give an advance copy of the report to the Chief Commissioner; and

(b) give the Chief Commissioner a reasonable opportunity to consider whether the report contains any information that should be excluded from the report on any of the grounds set out in section 79(5).

(2) The Chief Commissioner must advise IBAC of any information in the report that, in the opinion of the Chief Commissioner, should be excluded from the report under section 79(5).

81 Tabling and publishing of reports

(1) The Attorney-General must cause a report under section 79 to be presented to each House of Parliament within 14 sitting days of that House after the report is received by the Attorney‑General.

(2) The Attorney-General must cause a copy of a report tabled in accordance with this section to be published on the Department's website.

Pt 5 Div. 3 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 15.5).

Division 3—Integrity Oversight Victoria

S. 82 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 15.6).

82 Functions and powers of Integrity Oversight Victoria

S. 82(1) amended by No. 31/2024 s. 113(Sch. 1 item 15.7(a)(i)).

(1) Integrity Oversight Victoria has the following functions under this Act—

(a) to monitor the Public Interest Monitor's exercise of power under section 52(2)(b);

S. 82(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 15.7
(a)(ii)).

(b) to make recommendations to the Public Interest Monitor in relation to any action that Integrity Oversight Victoria considers should be taken with respect to the Public Interest Monitor's exercise of power under section 52(2)(b).

Note to s. 82(1) amended by No. 31/2024 s. 113(Sch. 1 item 15.7(b)).

Integrity Oversight Victoria has functions and powers to monitor IBAC and make recommendations under the Integrity Oversight Victoria Act 2011.

S. 82(2) amended by No. 31/2024 s. 113(Sch. 1 item 15.7(c)).

(2) For the purpose of performing the functions described in subsection (1), Integrity Oversight Victoria—

(a) is entitled to have full and free access to all relevant records of the Public Interest Monitor; and

(b) despite any other law, is entitled to make copies of, and to take extracts from, relevant records of the Public Interest Monitor; and

S. 82(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 15.7(c)).

(c) may require the Public Interest Monitor to give Integrity Oversight Victoria any information in the possession or control of the Public Interest Monitor that Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions; and

S. 82(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 15.7(c)).

(d) may require in writing the Public Interest Monitor to attend at the office of Integrity Oversight Victoria for the purpose of giving to Integrity Oversight Victoria any information or document required by Integrity Oversight Victoria which Integrity Oversight Victoria considers on reasonable grounds is relevant to the performance of those functions.

(3) A requirement under subsection (2)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(4) A requirement under subsection (2)(d) that provides for attendance as described in subsection (3)—

(a) need not specify a place for attendance; and

(b) may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.

S. 82(5) amended by No. 31/2024 s. 113(Sch. 1 item 15.7(d)).

(5) The powers in this section are in addition to any other powers Integrity Oversight Victoria has under the Integrity Oversight Victoria Act 2011 or any other Act or law.

S. 83 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 15.8).

S. 83 amended by No. 31/2024 s. 113(Sch. 1 item 15.9).

83 Integrity Oversight Victoria to be given reasonable assistance

The Public Interest Monitor must give Integrity Oversight Victoria any assistance that Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to perform functions under this Division.

S. 84 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 15.10).

84 Integrity Oversight Victoria recommendations to Public Interest Monitor

S. 84(1) amended by No. 31/2024 s. 113(Sch. 1 item 15.11).

(1) Integrity Oversight Victoria may at any time make recommendations to the Public Interest Monitor in relation to any action that Integrity Oversight Victoria considers should be taken with respect to the Public Interest Monitor's exercise of a power under section 52(2)(b).

S. 84(2) amended by No. 31/2024 s. 113(Sch. 1 item 15.11(b)).

(2) Without limiting subsection (1), Integrity Oversight Victoria may recommend taking action—

(a) to prevent specified conduct from continuing or occurring in the future; and

(b) to remedy any harm or loss arising from the conduct of the Public Interest Monitor.

(3) A recommendation to the Public Interest Monitor which is not contained in a report referred to in section 86(1) must be made in private.

S. 84(4) amended by No. 31/2024 s. 113(Sch. 1 item 15.11(b)).

(4) Subsection (3) does not limit the power of Integrity Oversight Victoria to make a public recommendation if Integrity Oversight Victoria considers that the Public Interest Monitor has failed to take appropriate action in relation to the recommendation.

S. 84(5) amended by No. 31/2024 s. 113(Sch. 1 item 15.11).

(5) Integrity Oversight Victoria may require the Public Interest Monitor to give a report to Integrity Oversight Victoria, within a reasonable specified time, stating—

S. 84(5)(a) amended by No. 31/2024 s. 113(Sch. 1 item 15.11(b)).

(a) whether or not the Public Interest Monitor has taken, or intends to take, action recommended by Integrity Oversight Victoria; and

(b) if the Public Interest Monitor has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.

S. 84(6) amended by No. 31/2024 s. 113(Sch. 1 item 15.11(b)).

(6) The Public Interest Monitor must comply with a requirement of Integrity Oversight Victoria under subsection (5).

Note to s. 84 amended by No. 31/2024 s. 113(Sch. 1 item 15.12).

Corresponding requirements for IBAC are set out in Part 7 of the Integrity Oversight Victoria Act 2011.

S. 85 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 15.13).

S. 85 amended by No. 31/2024 s. 113(Sch. 1 item 15.14).

85 Integrity Oversight Victoria must return documents to Public Interest Monitor

As soon as practicable after making a recommendation in relation to, or otherwise concluding monitoring of, the Public Interest Monitor's exercise of power under
section 52(2)(b), Integrity Oversight Victoria must return to the Public Interest Monitor any document given to Integrity Oversight Victoria under this Division and any copies made by Integrity Oversight Victoria of those documents.

86 Annual report

S. 86(1) amended by No. 31/2024 s. 113(Sch. 1 item 15.15(a)).

(1) Integrity Oversight Victoria in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include details of the extent to which action recommended by Integrity Oversight Victoria under this Act to be taken by the Public Interest Monitor has been taken.

S. 86(2) amended by No. 31/2024 s. 113(Sch. 1 item 15.15(b)).

(2) Integrity Oversight Victoria must exclude information from a report referred to in subsection (1) if satisfied that the information could—

(b) compromise the operational activities or methodologies of Victoria Police, a law enforcement agency, an intelligence agency or an integrity body; or

Note to s. 86 amended by No. 31/2024 s. 113(Sch. 1 item 15.16).

Corresponding requirements for IBAC are set out in section 91 of the Integrity Oversight Victoria Act 2011.

Part 6—Offences

87 Unauthorised disclosure of human source information

(c) the person knows the disclosure is not a permitted disclosure or is reckless as to whether it is a permitted disclosure.

(2) A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum).

88 Aggravated unauthorised disclosure of human source information—intent to endanger health or safety

(c) the person knows the disclosure is not a permitted disclosure or is reckless as to whether it is a permitted disclosure; and

(d) the person discloses the information intending to endanger the health or safety of any person.

(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

89 Aggravated unauthorised disclosure of human source information—prejudice

(c) the person knows the disclosure is not a permitted disclosure or is reckless as to whether it is a permitted disclosure; and

(d) the person discloses the information intending to prejudice—

(i) the effective conduct of a criminal investigation or the gathering of criminal intelligence; or

(ii) the conduct of a prosecution.

(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

Part 7—General

Division 1—Regulations

90 Regulations

(1) The Governor in Council may make regulations for or with respect to—

S. 90(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 15.17).

(a) the requirements for transmission, disposal and storage of documents or information that the Public Interest Monitor, IBAC, Integrity Oversight Victoria or a member of Victoria Police personnel receives in performing functions under this Act; and

S. 90(1)(b) amended by No. 31/2024 s. 113(Sch. 1 item 15.17).

(b) the notifications required to be given to the Public Interest Monitor, IBAC or Integrity Oversight Victoria under this Act; and

(c) the disclosure of information about human sources to a person or body or in specified circumstances; and

(d) anything required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstance; and

(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.

Division 2—Transitional provisions

91 Pre-existing arrangements

(1) If immediately before the commencement day a police officer was obtaining information from a person, tasking a person or using or disseminating information obtained from a person in circumstances that amount to human source activity, then—

(a) the person is not required to be registered as a human source under Part 3 until—

(i) if the person is to be registered as a reportable human source, the day that is 6 months after the commencement day (beginning with the commencement day); or

(ii) if the person is to be registered as a non-reportable human source, the day that is the first anniversary of the commencement day; and

(b) until the relevant day specified in paragraph (a)(i) or (ii), a police officer is not prohibited from engaging the person in human source activity only because the person is not registered as a human source under Part 3.

(2) In this section, commencement day means the day on which Part 3 commences.

92 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the amendments made by this Act.

(2) The regulations may—

(a) have a retrospective effect to a day on or from the day on which this Act received the Royal Assent; and

(b) be of limited or general application; and

(c) differ according to differences in time, place or circumstance; and

(d) leave any matter or thing to be decided by a specified person or class of person; and

(e) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.

(3) Regulations under this section have effect despite anything to the contrary—

(a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or

(b) in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.

Pt 8 (Heading and ss 93, 94) repealed by No. 8/2023 s. 94.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 February 2023

Legislative Council: 23 February 2023

The long title for the Bill for this Act was "A Bill for an Act to provide for the registration, use and management of human sources by Victoria Police, to provide for the external oversight of the use of human sources, to consequentially amend the Victoria Police Act 2013 and for other purposes."

The Human Source Management Act 2023 was assented to on 16 May 2023 and came into operation on 30 September 2024: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).

• Examples, diagrams or notes

All 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).

• Punctuation

All 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).

• Provision numbers

All 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).

• Location of "legislative items"

A "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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Human Source Management Act 2023 by Acts and subordinate instruments.

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Human Source Management Act 2023, No. 8/2023

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

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3 Amendments Not in Operation

No entries at date of publication.