37BRegular inspections of records of Victoria Police

37B Regular inspections of records of Victoria Police S. 37B(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(a)). (1) Integrity Oversight Victoria must inspect the records of Victoria Police no later than 6 months after the commencement of this section, and after that initial inspection at intervals of no longer than 6 months, in order to ascertain the extent to which police officers and protective services officers have complied with the following since the last inspection under this section of the records of Victoria Police— (a) Part 2 (Covert search warrants); (b) Part 2AA (Preventative police detention); (c) Part 3A (Special police powers). S. 37B(2) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(a)). (2) Integrity Oversight Victoria, at any time, may inspect records of Victoria Police in order to ascertain the extent to which police officers and protective services officers have complied, during any period, with Part 2, 2AA or 3A. S. 37B(3) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(a)). (3) Integrity Oversight Victoria must notify, in writing, the Chief Commissioner of the date or dates on which an inspection under subsection (1) will be conducted at least 7 days before the date or dates of inspection. S. 37B(4) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)). (4) After notifying the Chief Commissioner in accordance with subsection (3), Integrity Oversight Victoria may enter any premises occupied by Victoria Police on the date or dates specified in the notice under that subsection for the purposes of an inspection under subsection (1). S. 37B(5) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)). (5) In addition, after notifying the Chief Commissioner, Integrity Oversight Victoria may enter at any reasonable time premises occupied by Victoria Police for the purposes of an inspection under subsection (2). S. 37B(6) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)). (6) On entry into premises occupied by Victoria Police under subsection (4) or (5), Integrity Oversight Victoria— (a) subject to section 37C(2), is entitled to have full and free access to all records of Victoria Police at, or accessible from, the premises that are relevant to the inspection; and S. 37B(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)). (b) subject to section 37C(3), may require a member of Victoria Police personnel at the premises to give Integrity Oversight Victoria any information that Integrity Oversight Victoria considers necessary, being information that is in the member's possession, or to which the member has access, and that is relevant to the inspection. S. 37B(7) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)). (7) The Chief Commissioner must ensure that members of Victoria Police personnel give Integrity Oversight Victoria any assistance Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to perform a function, or exercise a power, under subsection (1), (2), (4), (5) or (6). ***record*** includes part of a record. S. 37C (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 39.10). S. 37C inserted by No. 32/2018 s. 78. 37C The Chief Integrity Inspector and authorised Integrity Oversight Victoria officers may perform or exercise inspection functions and powers S. 37C(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.11). (1) Subject to subsections (2) and (3), the Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer may, on behalf of Integrity Oversight Victoria, perform a function, or exercise a power, of Integrity Oversight Victoria under section 37B(1), (2), (4), (5) or (6). S. 37C(2) amended by No. 31/2024 s. 113(Sch. 1 item 39.11). (2) The Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer must not, on behalf of Integrity Oversight Victoria, inspect, under section 37B, a record that is counter-terrorism intelligence unless the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer has been given a security clearance at an appropriate level which enables the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer to inspect that record. S. 37C(3) amended by No. 31/2024 s. 113(Sch. 1 item 39.11 (a)(c)). (3) A member of Victoria Police personnel is not required, under section 37B, to give the Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer information that is counter-terrorism intelligence unless the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer has been given a security clearance at an appropriate level which enables the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer to be given that information. S. 37C(4) amended by No. 31/2024 s. 113(Sch. 1 item 39.11). (4) On Integrity Oversight Victoria notifying the Chief Commissioner of the date or dates of inspection under section 37B(3), the Chief Commissioner, as soon as practicable after receiving that notification, must advise, in writing, Integrity Oversight Victoria as to the appropriate level of security clearance required for the Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer to enable them to, under section 37B— (a) inspect a record or class of records that is counter-terrorism intelligence; or (b) receive information that is counter-terrorism intelligence. S. 37C(5) amended by No. 31/2024 s. 113(Sch. 1 item 39.12). (5) Integrity Oversight Victoria may authorise in writing a Integrity Oversight Victoria Officer to perform a function, or exercise a power, under section 37B(1), (2), (4), (5) or (6) on its behalf. S. 37C(6) def. of *authorised Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 39.13(a)). ***authorised Integrity Oversight Victoria Officer*** means an Integrity Oversight Victoria Officer authorised under subsection (5); S. 37C(6) def. of *authorised Victorian Inspectorate Officer* repealed by No. 31/2024 s. 113(Sch. 1 item 39.13(c)). S. 37C(6) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 39.13(a)). ***Chief Integrity Inspector*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**; S. 37C(6) def. of *Inspector* repealed by No. 31/2024 s. 113(Sch. 1 item 39.13(c)). S. 37C(6) def. of *Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 39.13(a)). ***Integrity Oversight Victoria Officer*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**, but does not include the Chief Integrity Inspector within the meaning of that Act; S. 37C(6) def. of *record* amended by No. 31/2024 s. 113(Sch. 1 item 39.13(b)). ***record*** includes part of a record. S. 37C(6) def. of *Victorian Inspectorate Officer* repealed by No. 31/2024 s. 113(Sch. 1 item 39.13(c)). S. 37D (Heading) amended by Nos 47/2021 s. 21, 31/2024 s. 113(Sch. 1 item 39.14). S. 37D inserted by No. 32/2018 s. 78.