Police Informants Royal Commission Implementation Monitor Act 2021
No. 34 of 2021
Version incorporating amendments as at
2 February 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Definitions 1
4 Act binds the Crown 4
5 Responsible agencies 4
Part 2—The Police Informants Royal Commission Implementation Monitor 5
6 Establishment 5
7 Appointment 5
8 Remuneration and allowances 6
9 Reappointment 6
10 Acting appointment 6
11 Vacancy, resignation or suspension 7
12 Suspension and removal 7
13 Independence 8
14 Immunity 8
15 Functions 9
16 Attorney-General may request advice 11
17 Powers 11
18 Power to require information to be given 11
19 Duty to cooperate 12
20 Responsible agency may give information without prior request 12
21 Constraints on access to information not to apply 13
22 Use and disclosure of information 14
23 Freedom of Information Act 1982 not to apply 14
24 Secretary may provide assistance 15
25 Validity of acts and decisions 15
Part 3—Reporting 16
26 Implementation reports 16
27 Attorney-General progress reports 18
28 Tabling of progress reports 18
Part 4—Review of this Act 20
29 Review of this Act 20
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Endnotes 21
1 General information 21
2 Table of Amendments 23
3 Explanatory details 24
Version No.003
Police Informants Royal Commission Implementation Monitor Act 2021
No. 34 of 2021
Version incorporating amendments as at
2 February 2024
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to establish the Police Informants Royal Commission Implementation Monitor; and
(b) to provide for the functions, powers and duties of a Police Informants Royal Commission Implementation Monitor.
2 Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3 Definitions
In this Act—
business day means a day other than a Saturday, a Sunday or a public holiday within the meaning of the Public Holidays Act 1993;
cabinet document has the same meaning as in section 28(1)(a) to (d) of the Freedom of Information Act 1982;
S. 3 def. of Chief Commis-sioner inserted by No. 50/2021 s. 134(1).
Chief Commissioner means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
Implementation Monitor means a Police Informants Royal Commission Implementation Monitor appointed under section 7;
implementation report means a report prepared by the Implementation Monitors under section 26;
S. 3 def. of Office of the Special Investigator inserted by No. 50/2021 s. 134(1), repealed by No. 31/2023 s. 64.
progress report means a report prepared by the Attorney-General under section 27;
RCMPI recommendation means a recommendation made in the Report
of the Royal Commission into the Management of Police Informants delivered to the Governor on 30 November 2020;
S. 3 def. of responsible agency amended by No. 50/2021 s. 134(2).
responsible agency means any of the following that are required to carry out the implementation of a RCMPI recommendation—
(a) in relation to the Department of Justice and Community Safety, the Secretary;
(b) in relation to the Department of Premier and Cabinet, the Secretary to the Department of Premier and Cabinet;
(c) in relation to Victoria Police, the Chief Commissioner;
(d) in relation to the Office of Public Prosecutions, the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;
(e) the Public Interest Monitor within the meaning of the Public Interest Monitor Act 2011;
(f) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;
(g) in relation to the Victorian Government Solicitor's Office, the Victorian Government Solicitor;
(h) the Victorian Legal Services Commissioner (including in their capacity as chief executive officer of the Victorian Legal Services Board) within the meaning of the Legal Profession Uniform Law Application Act 2014;
(i) the Law Institute of Victoria Limited ACN 075 475 731;
(j) the Victorian Bar Inc, an association incorporated under the Associations Incorporation Reform Act 2012;
(k) an entity specified in an order under section 5;
Royal Commissioninto the Management of Police Informants means the inquiry conducted by the Commissioners appointed under section 5 of the Inquiries Act 2014 by the Letters Patent dated 13 December 2018 and the amendments to the Letters Patent dated 7 February 2019, copies of which were published in the Government Gazette on those dates;
Secretary means Secretary to the Department of Justice and Community Safety;
Victoria Police means the body established by section 6 of the Victoria Police Act 2013.
4 Act binds the Crown
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.
5 Responsible agencies
(1) On the recommendation of the Attorney-General, the Governor in Council, by order published in the Government Gazette, may specify an entity to be a responsible agency.
(2) Before the Attorney-General recommends that an order under subsection (1) be made, the Attorney-General must—
(a) obtain the consent of the entity to be specified as a responsible agency; and
(b) consult each Implementation Monitor.
Part 2—The Police Informants Royal Commission Implementation Monitor
6 Establishment
(1) There is established an entity known as the Police Informants Royal Commission Implementation Monitor.
(2) The Police Informants Royal Commission Implementation Monitor is constituted by one or 2 Implementation Monitors appointed under section 7.
7 Appointment
(1) Subject to subsection (2), the Governor in Council, on the recommendation of the Attorney‑General, may appoint a person as a Police Informants Royal Commission Implementation Monitor.
(2) A person is eligible to be an Implementation Monitor if the Attorney-General is satisfied that the person has—
(a) a strong understanding of complex
multi-agency environments; and
(b) knowledge of, or experience in, the subject matters relevant to the implementation of the RCMPI recommendations.
(3) An Implementation Monitor holds office—
(a) for the term specified in the Implementation Monitor's instrument of appointment, not exceeding 4 years; and
(b) on the terms and conditions (including remuneration and allowances) determined by the Governor in Council.
8 Remuneration and allowances
(1) An Implementation Monitor is entitled to be paid the remuneration and allowances that are determined by the Governor in Council and specified in the instrument of appointment.
(2) The remuneration of an Implementation Monitor cannot be reduced during the Implementation Monitor's term of office unless the Implementation Monitor consents
to the reduction.
9 Reappointment
An Implementation Monitor may be reappointed for a further term or terms, each not exceeding
4 years.
10 Acting appointment
(1) The Attorney-General, by instrument, may appoint a suitable person to act as an Implementation Monitor for a period of up to 3 months if—
(a) the office of an Implementation Monitor is vacant; or
(b) an Implementation Monitor is absent; or
(c) an Implementation Monitor is for any other reason unable to perform the duties of the office.
Note
Section 41AA of the Interpretation of Legislation Act 1984 provides for the powers in relation to an acting appointment.
(2) The Attorney-General may only make one acting appointment under subsection (1) in relation to an Implementation Monitor before an appointment under section 7 must be made.
11 Vacancy, resignation or suspension
An Implementation Monitor ceases to hold office if the Implementation Monitor—
(a) resigns by notice in writing delivered to the Governor in Council; or
(b) becomes insolvent; or
(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or
(e) is appointed to a judicial office in Victoria, the Commonwealth, or in another State or a Territory;
(f) is suspended or removed from office under section 12.
12 Suspension and removal
(1) On the recommendation of the Attorney-General, the Governor in Council, by order, may suspend an Implementation Monitor from office on any
of the following grounds—
(a) misconduct (whether or not in connection with the carrying out of the duties of an Implementation Monitor);
(b) neglect of duty;
(c) inability to perform the duties of an Implementation Monitor;
(d) any other ground on which the Implementation Monitor is unfit to hold office.
(2) The Attorney-General must cause to be tabled in each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.
(3) The Implementation Monitor must be removed from office by the Governor in Council if each House of Parliament, within 20 sitting days after the day when the statement is tabled in the House, declares by resolution that the Implementation Monitor ought to be removed from office.
(4) The Governor in Council must remove the suspension and restore the Implementation Monitor to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.
(5) If the Implementation Monitor is suspended from office under subsection (1), the Implementation Monitor is taken not to be an Implementation Monitor during the period of suspension.
13 Independence
(1) An Implementation Monitor is not subject to the direction or control of any person in respect of the performance and exercise of the Implementation Monitor's functions, powers or duties.
(2) An Implementation Monitor is not subject to the direction or control of any person in respect of the content of an implementation report.
14 Immunity
(1) An Implementation Monitor is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—
(a) in the performance of a function or the exercise of a power under this Act; or
(b) in the reasonable belief that the act or omission was in the course of the performance of a function or the exercise of a power under this Act.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to an Implementation Monitor attaches instead to the State.
15 Functions
(1) An Implementation Monitor has the following functions—
(a) to monitor and assess the adequacy and progress of the implementation of the RCMPI recommendations by responsible agencies at any time until the implementation of the RCMPI recommendations is complete;
(b) to access written information from and attend meetings of the administrative taskforce known as the Implementation Taskforce within the Department of Justice and Community Safety;
(c) to provide written or oral advice to a responsible agency about any measures the Implementation Monitor considers would support the adequate implementation of a RCMPI recommendation by that responsible agency;
(d) to request regular reports from Victoria Police on its progress in fulfilling its ongoing disclosure obligations to potentially affected persons identified by the Royal Commission into the Management of Police Informants;
(e) together with the other Implementation Monitor (if applicable), to report to the Attorney-General on—
(i) the progress of the implementation of the RCMPI recommendations by responsible agencies; and
(ii) the adequacy of that implementation; and
S. 15(1)(e)(iii) amended by Nos 50/2021 s. 135(a), 31/2023 s. 65(a).
(iii) what further measures may be required to ensure the RCMPI recommendations are fully implemented within the specified timeframes.
S. 15(1)(f)(g) inserted by No. 50/2021 s. 135(b), repealed by No. 31/2023 s. 65(b).
(2) An Implementation Monitor has any other function conferred on the Implementation Monitor by or under this Act or any other Act.
(3) An Implementation Monitor, in performing the Implementation Monitor's functions, must have regard to—
(a) to the RCMPI recommendations; and
(b) any advice or report provided by a responsible agency on the implementation of a RCMPI recommendation, including—
(i) any impediments to implementation; and
(ii) whether any measures have been taken by the responsible agency to overcome those impediments; and
(c) whether a genuine attempt has been made by a responsible agency to comply with the timeframes for implementation of the RCMPI recommendations; and
(d) any interdependencies or external processes that might affect a responsible agency's timely implementation of a RCMPI recommendation; and
(e) any measures taken by a responsible agency to manage or respond to the interdependencies or external processes referred to in paragraph (d).
(4) A responsible agency must respond in writing to any written advice provided under subsection (1)(c).
16 Attorney-General may request advice
(1) The Attorney-General may request an Implementation Monitor to provide written or oral advice on any issue relating to the implementation of a RCMPI recommendation.
(2) An Implementation Monitor must comply with a request under subsection (1).
17 Powers
An Implementation Monitor has all the powers necessary to perform the Implementation Monitor's functions.
18 Power to require information to be given
(1) For the purposes of carrying out functions or exercising powers under this Act or any other Act, an Implementation Monitor, by written notice, may require a responsible agency or a person acting on behalf of a responsible agency to give to the Implementation Monitor any information—
(a) relating to the responsible agency's implementation of the RCMPI recommendations; and
(b) that the Implementation Monitor reasonably believes is necessary to perform the Implementation Monitor's functions.
(2) The responsible agency or the person acting on behalf of the responsible agency must give the information to the Implementation Monitor within 21 days after receiving a notice under subsection (1) unless—
(a) the Implementation Monitor has agreed to allow an extension of time for the giving of the information; or
(b) the Implementation Monitor has agreed that the responsible agency is not able to give the information.
19 Duty to cooperate
A responsible agency or a person acting on behalf of a responsible agency must comply with any reasonable request made by an Implementation Monitor, or any person assisting the Implementation Monitor, that has been made for the purposes of performing the functions or exercising the powers of the Implementation Monitor.
20 Responsible agency may give information without prior request
A responsible agency or a person acting on behalf of a responsible agency may give to an Implementation Monitor without prior request any information or documents relevant to the implementation of a RCMPI recommendation.
21 Constraints on access to information not to apply
(1) An obligation to maintain secrecy or privilege, or any other restriction on the disclosure of information (including a cabinet document) by a responsible agency, imposed by or under an Act or rule of law, does not apply to information given under section 18(2), 19 or 20.
(2) A responsible agency or a person acting on behalf of a responsible agency, when giving information to an Implementation Monitor, must identify for the Implementation Monitor any information that is subject to—
(a) an obligation to maintain secrecy or privilege; or
(b) any restriction on its disclosure.
(3) An Implementation Monitor or any other person must not disclose or communicate, except to another person performing duties under this Act, information provided by a responsible agency that is subject to—
(a) an obligation on the responsible agency to maintain secrecy or privilege; or
(b) any restriction on its disclosure by the responsible agency.
(4) Nothing in subsection (3) prevents an Implementation Monitor from disclosing or communicating information—
(a) to a person assisting the Implementation Monitor in the performance of the Implementation Monitor's functions; or
(b) to another Implementation Monitor.
22 Use and disclosure of information
(1) The Implementation Monitor must not use or disclose confidential or personal information obtained or received in the course of, or as a result of, the performance of the functions of the Implementation Monitor except as permitted by this Act.
(2) Nothing in subsection (1) prevents an Implementation Monitor from disclosing—
(a) the identity of a person if—
(i) the person has consented to the disclosure of the information; or
(ii) information relating to the person's identity is already in the public domain; or
(b) confidential or personal information—
(i) to a person assisting the Implementation Monitor in the performance of the Implementation Monitor's functions; or
(ii) to another Implementation Monitor.
23 Freedom of Information Act 1982 not to apply
(1) An Implementation Monitor is not, and cannot be declared to be, a prescribed authority for the purposes of the Freedom of Information Act 1982.
(2) The Freedom of Information Act 1982 does not apply to the Department of Justice and Community Safety in relation to a document that is received or stored by the Department of Justice and Community Safety solely on behalf of the Implementation Monitor for the purposes of this Act.
(3) In this section—
document has the same meaning as in the Freedom of Information Act 1982.
24 Secretary may provide assistance
An Implementation Monitor, together with the other Implementation Monitor (if applicable), may request the Secretary to provide any assistance that is reasonably necessary to enable an Implementation Monitor to perform functions under this Act, including the provision of staff and facilities.
25 Validity of acts and decisions
An act or a decision of an Implementation Monitor is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Implementation Monitor.
Part 3—Reporting
26 Implementation reports
(1) An Implementation Monitor must prepare an implementation report for each of the following reporting periods—
(a) 30 November 2020 to 30 June 2021;
(b) 1 July to 30 June in any subsequent year until the implementation of the RCMPI recommendations is complete.
(2) An Implementation Monitor may prepare additional implementation reports as required.
(3) For the purposes of this section, if there are 2 Implementation Monitors, the implementation report must be prepared jointly.
(4) Each implementation report must specify or include—
(a) the progress of responsible agencies in implementing the RCMPI recommendations in the relevant reporting period; and
(b) an assessment of the adequacy of that implementation; and
(c) advice as to what further measures may be required to ensure the RCMPI recommendations are fully implemented within the specified timeframes.
(5) If an Implementation Monitor intends to include in an implementation report the following information, the Implementation Monitor must first provide an opportunity to respond in accordance with subsection (6)—
(a) information that is adverse to a person or responsible agency;
(b) information that the Implementation Monitor has obtained from a responsible agency in the performance of the Implementation Monitor's functions under this Act or any other Act.
(6) Before including the information specified in subsection (5) in an implementation report, the Implementation Monitor must—
(a) give the person or responsible agency at least 14 days to respond; and
(b) if the information intended to be included in the implementation report is adverse to the person or responsible agency, fairly set out any response given under paragraph (a) in the report.
(7) An Implementation Monitor must ensure that an implementation report does not contain information that the Implementation Monitor reasonably believes would—
(a) reveal sensitive law enforcement methods; or
(b) prejudice an ongoing police investigation, or a prosecution or an appeal; or
(c) prejudice an ongoing IBAC investigation, prosecution or appeal; or
(d) prejudice the safety or security of any person; or
(e) disclose a deliberation or decision of Cabinet that has not been officially published; or
(f) be otherwise contrary to the public interest.
(8) An Implementation Monitor must give a copy of each implementation report to the Attorney-General each year by 30 September.
(9) The Attorney-General may give a copy of an implementation report provided under subsection (8) to—
(a) the Premier; and
(b) the Minister responsible for administering the Victoria Police Act 2013.
27 Attorney-General progress reports
(1) The Attorney-General must prepare a report on the progress of the implementation of the RCMPI recommendations for each of the following reporting periods—
(a) 30 November 2020 to 30 June 2021;
(b) 1 July to 30 June in any subsequent year until the implementation of the RCMPI recommendations is complete.
(2) A progress report may include a copy of an implementation report provided to the Attorney‑General under section 26.
28 Tabling of progress reports
(1) The Attorney-General must give a copy of each progress report to the clerk of each House of Parliament by the later of—
(a) each year by 30 November; or
(b) within 60 days after receiving an implementation report.
(2) The clerk of each House must table the progress report in the House on the next sitting day of the House.
(3) If the Attorney-General proposes to give a copy of the progress report in accordance with subsection (1) when the Parliament is in recess, the Attorney‑General must—
(a) give at least one business day's notice of the Attorney-General's intention to do so to the clerk of each House; and
(b) give a copy of the progress report to the clerk of each House on the day indicated in the notice.
(4) The clerk of each House must—
(a) notify each member of the House of the receipt of a notice under subsection (3)(a) on the same day that the clerk receives that notice; and
(b) give a copy of the progress report to each member of the House as soon as practicable after the report is received under subsection (3)(b); and
(c) table a copy of the progress report in the House on the next sitting day of the House.
(5) Each progress report that is given to the clerks under this section is taken to have been published by order, or under the authority, of the Houses of Parliament.
(6) The publication under this section of each progress report is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of the Houses of Parliament apply to and in relation to the publication of that report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.
(7) For the purposes of this section, Parliament is in recess when each House stands adjourned to a date to be fixed by the presiding officer of that House.
Part 4—Review of this Act
29 Review of this Act
The Attorney-General must cause a review of the operation of this Act to be undertaken as soon as practicable after the fifth anniversary of the day this Act came into operation.
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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: 23 June 2021
Legislative Council: 5 August 2021
The long title for the Bill for this Act was "A Bill for an Act to establish the Police Informants Royal Commission Implementation Monitor and for other purposes."
The Police Informants Royal Commission Implementation Monitor Act 2021 was assented to on 14 September 2021 and came into operation on 15 September 2021: section 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 Police Informants Royal Commission Implementation Monitor Act 2021 by Acts and subordinate instruments.