Police and Justice Legislation Amendment (Miscellaneous ...FILE/16-054a.docx · Web viewPage. Endnotes. Police and Justice Legislation Amendment (Miscellaneous) Act 2016. No. 54

Police and Justice Legislation Amendment (Miscellaneous) Act 2016

No. 54 of 2016

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Amendment of the Crown Proceedings Act 1958 3

3 Liability of the Crown in contract 3

Part 3—Amendment of the Victoria Police Act 2013 4

4 Appointment of Acting Assistant Commissioner 45 Appointment of officers from other jurisdictions 46 Appointment of former police officers 47 Transfer on application or request 48 Liability of the State for police torts 59 Qualifications for registration 510 Service of notices under Part 6 511 Forfeiture of salary 512 Promotion and transfer appeals—police officers 513 Procedure on appeal 614 Special procedure for review of directed transfers 615 Obligation to publish statements of reasons for decisions on

review 616 New section 156A inserted 717 Hearings to be public unless otherwise ordered 718 New section 158A inserted 819 Witness summons 920 Contempt of PRS Board 1021 Membership of Registration Division 1022 Membership of Professional Standards Division 1023 New section 219A inserted 1024 Investigations and further information 1125 Service of notices and summonses under Division 4 of Part 12 1126 New section 288 inserted 12

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Part 4—References to CrimTrac 14

Division 1—Amendment of the Crimes Act 1958 14

27 Definitions—offences 1428 Definitions—custody and investigation 1429 Arrangements for transmission of information on DNA

database 1430 New section 630 inserted 15

Division 2—Amendment of the Estate Agents Act 1980 16

31 Eligibility for employment as an agent's representative 1632 New Division 1 heading inserted in Part IX 1633 New Division 2 inserted in Part IX 17

Division 3—Amendment of the Sentencing Act 1991 17

34 Definitions in Part 8 1735 Obligations in relation to official records 1736 New section 160 inserted 18

Division 4—Amendment of the Serious Sex Offenders (Detention and Supervision) Act 2009 18

37 Offence to publish certain information 18

Division 5—Amendment of the Sex Offenders Registration Act 2004 19

38 Person with access to Register not to disclose personal information from it 19

39 New section 73G inserted 19

Part 5—Repeal of amending Act 20

40 Repeal of amending Act 20═══════════════

Endnotes 21

1 General information 21

Police and Justice Legislation Amendment (Miscellaneous) Act 2016†

No. 54 of 2016

[Assented to 18 October 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Crown Proceedings Act 1958 to insert a note in relation to liability for tortious conduct by police officers and protective services officers; and

Victoria

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(b) to amend the Victoria Police Act 2013—

(i) in relation to the Police Registration and Services Board; and

(ii) to provide for the reappointment of a person acting as an Assistant Commissioner; and

(iii) in relation to the forfeiture of salary by police officers and protective services officers who have been suspended; and

(iv) in relation to the transfer of certain police officers; and

(c) to amend the Crimes Act 1958, the Estate Agents Act 1980, the Sentencing Act 1991, the Serious Sex Offenders (Detention and Supervision) Act 2009 and the Sex Offenders Registration Act 2004 to update references to CrimTrac to the Australian Crime Commission.

2 Commencement

(1) This Act, except Parts 2 and 3, comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 23 comes into operation on 1 July 2017.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision referred to in subsection (3) does not come into operation before 1 August 2017, it comes into operation on that day.

Section Page

2

Part 2—Amendment of the Crown Proceedings Act 1958

3 Liability of the Crown in contract

At the foot of section 23(1) of the Crown Proceedings Act 1958 insert—"Note

Police officers and protective services officers are not servants or agents of the Crown or independent contractors employed by the Crown. See Division 8 of Part 4 of the Victoria Police Act 2013 for the liability of the State for a tort committed by a police officer or a protective services officer in the performance or purported performance of the officer's duties.".

Part 5—Repeal of amending Act

Police and Justice Legislation Amendment (Miscellaneous) Act 2016No. 54 of 2016

3

Part 3—Amendment of the Victoria Police Act 2013

4 Appointment of Acting Assistant Commissioner

After section 26(3) of the Victoria Police Act 2013 insert—

"(3A) A person appointed to act as an Assistant Commissioner is eligible to be reappointed.

(3B) A person must not be appointed to act as an Assistant Commissioner for more than 2 consecutive terms.".

5 Appointment of officers from other jurisdictions

In section 29(2)(b) of the Victoria Police Act 2013, for "aptitude and efficiency" substitute "capabilities".

6 Appointment of former police officers

In section 30(3)(b) of the Victoria Police Act 2013, for "aptitude and efficiency" substitute "capabilities".

7 Transfer on application or request

For section 34(3) of the Victoria Police Act 2013 substitute—

"(3) The Chief Commissioner must have regard to the relative seniority of candidates for transfer to a position in the following ranks if the Chief Commissioner considers that the candidates are equally efficient—

(a) senior sergeant;

(b) sergeant;

(c) senior constable;

(d) constable, if the position is the position of constable (general duties).".



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8 Liability of the State for police torts

At the foot of section 74 of the Victoria Police Act 2013 insert—"Note

See Part II of the Crown Proceedings Act 1958 for the liability of the State for torts committed by servants of the Crown. The public service of Victoria consists of persons employed under Part 3 of the Public Administration Act 2004—see section 9 of that Act. Victoria Police employees (including police custody officers) are employed under Part 3 of the Public Administration Act 2004.".

9 Qualifications for registration

In section 103(c) of the Victoria Police Act 2013, for "aptitude and efficiency" substitute "capabilities".

10 Service of notices under Part 6

At the foot of section 124 of the Victoria Police Act 2013 insert—"Note

The Electronic Transactions (Victoria) Act 2000 provides that a document may be served electronically, including by fax and email, in accordance with that Act.".

11 Forfeiture of salary

In section 139(1)(a) and (c) of the Victoria Police Act 2013, for "Division 2" substitute "Division 1".

12 Promotion and transfer appeals—police officers

After section 141(4)(a) of the Victoria Police Act 2013 insert—

"(ab) in relation to the rank of constable, if the position is the position of constable (general duties)—

(i) superior efficiency; or

(ii) equal efficiency and greater seniority;".



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13 Procedure on appeal

In section 145(4) of the Victoria Police Act 2013, for "be present" substitute "appear".

14 Special procedure for review of directed transfers

In section 149(4) of the Victoria Police Act 2013, for "be present" substitute "appear".

15 Obligation to publish statements of reasons for decisions on review

After section 154A(2) of the Victoria Police Act 2013 insert—

"(3) The PRS Board must exclude from a statement of reasons published under subsection (1) information likely to lead to the identification of any of the following persons, unless the PRS Board considers the inclusion of the information to be in the public interest—

(a) a person who, during an investigation or inquiry under Part 7 or during the review, has made a complaint or raised a concern about the conduct of the applicant;

(b) a person who, during an investigation or inquiry under Part 7 or during the review, has given information about the conduct of the applicant;

(c) a person who has been adversely affected by the conduct of the applicant.".



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16 New section 156A inserted

After section 156 of the Victoria Police Act 2013 insert—

"156A Practice notes

(1) The President of the PRS Board may from time to time issue practice directions, statements, notes or forms for the PRS Board in relation to appeals and reviews of the PRS Board.

(2) Practice directions, statements, notes or forms issued under subsection (1) must not be inconsistent with any provision made by or under this Act.".

17 Hearings to be public unless otherwise ordered

(1) After section 157(3) of the Victoria Police Act 2013 insert—

"(3A) The PRS Board must make an order prohibiting the reporting or other publication or disclosure of any hearing or part of a hearing or of any information derived from the hearing or part, if—

(a) the PRS Board considers the reporting or other publication or disclosure would contain information likely to lead to the identification of a person specified in subsection (3B); and

(b) the PRS Board does not consider the reporting or other publication or disclosure of the information referred to in paragraph (a) to be in the public interest.



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(3B) For the purposes of subsection (3A), the specified persons are—

(a) a person who, during an investigation or inquiry under Part 7 or during an appeal or review, has made a complaint or raised a concern about the conduct of the appellant or applicant for review; or

(b) a person who, during an investigation or inquiry under Part 7 or during an appeal or review, has given information about the conduct of the appellant or applicant for review; or

(c) a person who has been adversely affected by the conduct of the appellant or applicant for review.".

(2) In section 157(4) of the Victoria Police Act 2013, after "subsection (3)" insert "or (3A)".



"158A Appearance by audio link or audio visual link

(1) The following persons may appear by audio link or audio visual link before the PRS Board on an appeal if the PRS Board considers it appropriate—

(a) the Chief Commissioner;

(b) an appellant;

(c) a person selected for promotion or transfer;



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(d) a representative of the Chief Commissioner;

(e) a person summoned under section 160 to attend the PRS Board.

(2) The following persons may appear by audio link or audio visual link before the PRS Board on a review if the PRS Board considers it appropriate—

(a) the Chief Commissioner;

(b) an applicant;

(c) a representative of the Chief Commissioner or an applicant;

(d) a person summoned under section 160 to attend the PRS Board.

(3) In this section—

audio link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

audio visual link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958.".

19 Witness summons

(1) Section 160(3)(b) of the Victoria Police Act 2013 is repealed.

(2) At the foot of section 160 of the Victoria Police Act 2013 insert—"Note




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20 Contempt of PRS Board

In section 162(d) of the Victoria Police Act 2013, after "section 157(3)" insert "or (3A)".

21 Membership of Registration Division

In section 206(e) of the Victoria Police Act 2013, for "is a member of the academic" substitute "has experience as a member of the professional or academic".

22 Membership of Professional Standards Division

In section 207(c)(i) of the Victoria Police Act 2013, for "member of the academic" substitute "person who has experience as a member of the professional or academic".



"219A Annual report of the PRS Board

(1) The PRS Board must prepare a report in respect of each financial year on its work and activities for that year.

(2) The PRS Board must give the report to the Minister within 3 months after the end of the financial year.

(3) Subject to subsection (4), the Minister must cause a copy of the report submitted to the Minister under this section to be laid before each House of the Parliament on or before 31 October each year or, if a House is not then sitting, on the first sitting day of that House after 31 October.

(4) If the Minister has not received the annual report in time for the Minister to comply with subsection (3), the Minister—



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(a) must cause that fact and the reasons for it to be reported to each House of the Parliament; and

(b) must cause the report to be laid before each House of the Parliament as soon as practicable after it is received by the Minister.".

24 Investigations and further information

(1) In section 222(2) of the Victoria Police Act 2013, for "video" substitute "audio link or audio visual".

(2) After section 222(3) of the Victoria Police Act 2013 insert—

"(4) In this section—

audio link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

audio visual link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958.".

25 Service of notices and summonses under Division 4 of Part 12

(1) Section 224(2)(b) of the Victoria Police Act 2013 is repealed.

(2) At the foot of section 224 of the Victoria Police Act 2013 insert—"Note




11

26 New section 288 inserted


"288 Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016

(1) The PRS Board must advise the Chief Commissioner in accordance with section 29 as in force immediately before the commencement of section 5 of the Police and Justice Legislation Amendment (Miscellaneous) Act 2016 if the Chief Commissioner requests advice from the PRS Board under section 29(2) before that commencement and the PRS Board has not complied with the request before that commencement.

(2) The PRS Board must advise the Chief Commissioner in accordance with section 30 as in force immediately before the commencement of section 6 of the Police and Justice Legislation Amendment (Miscellaneous) Act 2016 if the Chief Commissioner requests advice from the PRS Board under section 30(3) before that commencement and the PRS Board has not complied with the request before that commencement.

(3) The PRS Board must assess whether an applicant is qualified for registration under Part 6 in accordance with section 103 as in force immediately before the commencement of section 9 of the Police and Justice Legislation Amendment (Miscellaneous) Act 2016 if a person made an application for registration under Part 6 before that



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commencement and the PRS Board has not made a decision in respect of the application before that commencement.".



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Part 4—References to CrimTrac

Division 1—Amendment of the Crimes Act 195827 Definitions—offences

In section 67A of the Crimes Act 1958, in the definition of law enforcement agency, in paragraph (c), after "Commission" (where first occurring) insert "(by whatever name described)".

28 Definitions—custody and investigation

In section 464(2) of the Crimes Act 1958—

(a) insert the following definition—

"Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;";

(b) the definition of CrimTrac is repealed.

29 Arrangements for transmission of information on DNA database

(1) In section 464ZGN(2) of the Crimes Act 1958—

(a) for "CrimTrac" (where first occurring) substitute "the Australian Crime Commission";

(b) in paragraph (a), for "CrimTrac" substitute "the Australian Crime Commission for comparison with information on the NCIDD";

(c) in paragraph (b), for "CrimTrac" substitute "the Australian Crime Commission obtained as a result of a comparison with the NCIDD".



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(2) In section 46ZGN(3) of the Crimes Act 1958, for "CrimTrac" substitute "the Australian Crime Commission".


At the end of Part 7 of the Crimes Act 1958 insert—


(1) An arrangement entered into by the Minister under section 464ZGN(2) with CrimTrac before 1 July 2016 that is in effect immediately before 1 July 2016 is taken, on and from 1 July 2016, to be an arrangement entered into by the Minister under that section with the Australian Crime Commission.

(2) On and from 1 July 2016, information transmitted from the Victorian DNA database to the Australian Crime Commission is taken to have been lawfully transmitted in accordance with an arrangement entered into under section 464ZGN(2).

(3) On and from 1 July 2016, information transmitted from the Australian Crime Commission to the Chief Commissioner of Police is taken to have been lawfully transmitted in accordance with an arrangement entered into under section 464ZGN(2).



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(4) In this section—

CrimTrac means the CrimTrac Agency established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth.".

Division 2—Amendment of the Estate Agents Act 1980

31 Eligibility for employment as an agent's representative

(1) In section 16(4)(a)(i) and (8)(b) of the Estate Agents Act 1980, for "CrimTrac" substitute "the Australian Crime Commission".

(2) For section 16(9) of the Estate Agents Act 1980 substitute—

"(9) In this section, Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth.".

32 New Division 1 heading inserted in Part IX

Before section 101 of the Estate Agents Act 1980 insert—

"Division 1—Consumer Affairs Legislation Amendment Act 2010".



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33 New Division 2 inserted in Part IX

After section 102 of the Estate Agents Act 1980 insert—

"Division 2—Police and Justice Legislation Amendment (Miscellaneous)

Act 2016103 Certificates given under section 16

On and from 1 July 2016, a certificate or copy of a certificate from the Australian Crime Commission that is given to an estate agent, or in the case of a corporation, to an officer in effective control of the estate agency business of the corporation, for the purposes of section 16(4) or (8) is taken to be a valid certificate or copy of a valid certificate for the purposes of that section.".

Division 3—Amendment of the Sentencing Act 1991

34 Definitions in Part 8

In section 105(1) of the Sentencing Act 1991—

(a) insert the following definition—

"Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;";

(b) the definition of Crim Trac is repealed.

35 Obligations in relation to official records

In section 105K(8) of the Sentencing Act 1991, for "Crim Trac" substitute "the Australian Crime Commission".



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At the end of Part 12 of the Sentencing Act 1991 insert—


On and from 1 July 2016, a disclosure of a kind specified in section 105K(8) by the Chief Commissioner of Police to the Australian Crime Commission for the purposes of incorporation into the police information sharing system known as the National Police Reference System is taken to be a lawful disclosure.".

Division 4—Amendment of the Serious Sex Offenders (Detention and Supervision) Act 2009

37 Offence to publish certain information

(1) For section 182(2)(a) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—

"(a) to the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth, for entry on the Australian National Child Offender Register; and".

(2) After section 182(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—

"(3A) On and from 1 July 2016, the publication of an identity and location of an offender by a police officer to the Australian Crime Commission for entry on the Australian



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National Child Offender Register is taken to be a lawful publication.".

Division 5—Amendment of the Sex Offenders Registration Act 2004

38 Person with access to Register not to disclose personal information from it

(1) In section 64(3) of the Sex Offenders Registration Act 2004, for "CrimTrac Agency" substitute "Australian Crime Commission".

(2) For section 64(4) of the Sex Offenders Registration Act 2004 substitute—

"(4) In this section—

Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth.".

39 New section 73G inserted

Before section 74 of the Sex Offenders Registration Act 2004 insert—

"73G Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016

On and from 1 July 2016, a disclosure of personal information in the Register by the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register to the Australian Crime Commission for entry on the Australian National Child Offender Register is taken to be a lawful disclosure.".



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Part 5—Repeal of amending Act40 Repeal of amending Act

This Act is repealed on 1 August 2018.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 17 August 2016

Legislative Council: 13 September 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Proceedings Act 1958 and the Victoria Police Act 2013 in relation to Victoria Police, to amend the Crimes Act 1958, the Estate Agents Act 1980, the Sentencing Act 1991, the Serious Sex Offenders (Detention and Supervision) Act 2009 and the Sex Offenders Registration Act 2004 to update references to CrimTrac to the Australian Crime Commission and for other purposes."

Documents

Police and Justice Legislation Amendment (Miscellaneous ...FILE/16-054a.docx · Web viewPage. Endnotes. Police and Justice Legislation Amendment (Miscellaneous) Act 2016. No. 54