17AProtections for a child—emergency registrations

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—