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This is a Bill, not an Act. For current law, see the Acts databases.
Justice Legislation Amendment (Body-worn
Cameras and Other Matters) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of the Surveillance Devices Act 1999 3
3 Definitions 3
4 Regulation of installation, use and maintenance of listening
devices 3
5 Regulation of installation, use and maintenance of optical
surveillance devices 4
6 Protected information 5
7 Permitted use of local protected information 5
Part 3--Amendment of the Judicial Proceedings Reports Act 1958 7
8 Prohibition of reporting of names 7
9 New section 5 inserted 7
Part 4--Repeal of amending Act 8
10 Repeal of amending Act 8
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Endnotes 9
1 General information 9
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Justice Legislation Amendment (Body-
worn Cameras and Other Matters)
Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Surveillance Devices
Act 1999--
(i) to facilitate the use of body-worn
cameras and tablet computers by police,
ambulance officers and prescribed
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 1--Preliminary
persons to record certain private
conversations in the course of their
duties without a warrant under that Act;
and
(ii) to extend restrictions on the use,
communication and publication of
information obtained through the use of
surveillance devices to body-worn
cameras and tablet computers by police,
ambulance officers and prescribed
persons; and
(b) to amend the Judicial Proceedings Reports
Act 1958 to permit the disclosure of certain
information to prescribed persons or bodies
to enable them to perform their statutory
functions.
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 June 2018, it comes into
operation on that day.
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 2--Amendment of the Surveillance Devices Act 1999
Part 2--Amendment of the Surveillance
Devices Act 1999
3 Definitions
In section 3(1) of the Surveillance Devices
Act 1999 insert the following definitions--
"ambulance officer means an operational staff
member within the meaning of the
Ambulance Services Act 1986;
body-worn camera means a camera normally
worn on the person that is capable of
recording visual images or sound or both,
whether or not the camera is being worn
when the recording takes place;
tablet computer means a mobile computer that
contains a camera and a microphone;".
4 Regulation of installation, use and maintenance of
listening devices
(1) In section 6(2) of the Surveillance Devices
Act 1999--
(a) in paragraph (c)(iii), for "safety." substitute
"safety; or";
(b) after paragraph (c) insert--
"(d) the overt use of a body-worn camera
or a tablet computer by a police officer
or an ambulance officer acting in the
course of the officer's duty and the
recording of a private conversation
to which the officer is not a party is
inadvertent, unexpected or incidental
to that use; or
(e) the overt use of a body-worn camera or
a tablet computer by a prescribed
person, or a person belonging to a
prescribed class of persons, acting in
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 2--Amendment of the Surveillance Devices Act 1999
the course of the person's duties in the
prescribed circumstances and the
recording of a private conversation to
which the person is not a party is
inadvertent, unexpected or incidental to
that use.".
(2) After section 6(2) of the Surveillance Devices
Act 1999 insert--
"(3) For the purposes of subsection (2)(d) and (e),
a police officer, an ambulance officer, a
prescribed person or a person belonging to a
prescribed class of persons is not required to
inform a person that the person is being
recorded with a body-worn camera or a
tablet computer.".
5 Regulation of installation, use and maintenance of
optical surveillance devices
(1) In section 7(2) of the Surveillance Devices
Act 1999--
(a) in paragraph (c)(ii), for "interests."
substitute "interests; or";
(b) after paragraph (c) insert--
"(d) the overt use of a body-worn camera or
a tablet computer by a police officer or
an ambulance officer acting in the
course of the officer's duty and the
recording of a private activity to which
the officer is not a party is inadvertent,
unexpected or incidental to that use; or
(e) the overt use of a body-worn camera or
a tablet computer by a prescribed
person, or a person belonging to a
prescribed class of persons, acting in
the course of the person's duties in the
prescribed circumstances and the
recording of a private activity to which
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 2--Amendment of the Surveillance Devices Act 1999
the person is not a party is inadvertent,
unexpected or incidental to that use.".
(2) After section 7(2) of the Surveillance Devices
Act 1999 insert--
"(3) For the purposes of subsection (2)(d) and (e),
a police officer, an ambulance officer, a
prescribed person or a person belonging to a
prescribed class of persons is not required to
inform a person that the person is being
recorded with a body-worn camera or a
tablet computer.".
6 Protected information
In section 30D of the Surveillance Devices
Act 1999, in the definition of protected
information, after paragraph (a) insert--
"(ab) any information obtained from the use of a
body-worn camera or a tablet computer by a
police officer or an ambulance officer acting
in the course of the officer's duty; or
(ac) any information obtained from the use of a
body-worn camera or a tablet computer by a
prescribed person, or a person belonging to a
prescribed class of persons, acting in the
course of the person's duties in the
prescribed circumstances; or".
7 Permitted use of local protected information
(1) After section 30F(1) of the Surveillance Devices
Act 1999 insert--
"(1A) Without limiting subsection (1), local
protected information obtained from the use
of a body-worn camera or a tablet computer
by a police officer or an ambulance officer
acting in the course of the officer's duty may
be used, communicated or published for--
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 2--Amendment of the Surveillance Devices Act 1999
(a) the education and training of police
officers or ambulance officers, as the
case requires; or
(b) any prescribed purpose.
(1B) Without limiting subsection (1), local
protected information obtained from the use
of a body-worn camera or a tablet computer
by a prescribed person, or a person
belonging to a prescribed class of persons,
acting in the course of the person's duties in
the prescribed circumstances may be used,
communicated or published for--
(a) the education and training of prescribed
persons or persons belonging to the
same class of prescribed persons; or
(b) any prescribed purpose.".
(2) In section 30F(4) of the Surveillance Devices
Act 1999, in the definition of local protected
information--
(a) in paragraph (b)(ii), for "authorisation."
substitute "authorisation; or";
(b) after paragraph (b) insert--
"(c) any information obtained from the use
of a body-worn camera or a tablet
computer by a police officer or an
ambulance officer acting in the course
of the officer's duty; or
(d) any information obtained from the use
of a body-worn camera or a tablet
computer by a prescribed person, or a
person belonging to a prescribed class
of persons, acting in the course of the
person's duties in the prescribed
circumstances.".
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 3--Amendment of the Judicial Proceedings Reports Act 1958
Part 3--Amendment of the Judicial
Proceedings Reports Act 1958
8 Prohibition of reporting of names
(1) In section 4(1) of the Judicial Proceedings
Reports Act 1958, the definitions of Judicial
College of Victoria and Sentencing Advisory
Council are repealed.
(2) For section 4(1D) of the Judicial Proceedings
Reports Act 1958 substitute--
"(1D) This section does not prevent a disclosure of
information to a prescribed person or body
for the purpose of enabling the person or
body to perform a prescribed statutory
function.".
9 New section 5 inserted
After section 4 of the Judicial Proceedings
Reports Act 1958 insert--
"5 Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Act to
be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations--
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstances.".
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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
10 Repeal of amending Act
This Act is repealed on 30 June 2019.
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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Justice Legislation Amendment (Body-worn Cameras and Other Matters)
Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Surveillance Devices Act 1999 in relation to the use of body-worn
cameras and tablet computers by police, ambulance officers and
prescribed persons and the Judicial Proceedings Reports Act 1958
in relation to the disclosure of information and for other purposes."
By Authority. Government Printer for the State of Victoria.
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