Victorian Numbered Acts

HUMAN SOURCE MANAGEMENT ACT 2023 (NO. 8 OF 2023)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of human source activity  
   5.      Meaning of informed consent  
   6.      Meaning of material contravention  
   7.      Meaning of serious medical or mental health condition  
   8.      Act binds the Crown  
   9.      Extraterritorial application  
   10.     Delegation  

   PART 2--PROHIBITIONS ON CERTAIN HUMAN SOURCE ACTIVITY AND PROTECTIONS

           Division 1--Prohibitions on certain human source activity

   11.     Engaging a person in human source activity  
   12.     Requesting, inducing or procuring registration of a child as a human source  
   13.     Prohibition on human source activity that is not consistent with registration  
   14.     Prohibition on certain management arrangements for reportable human sources  
   15.     Prohibition on tasking a human source who is a child  
   15A.    Prohibition on tasking a human source where information subject to client legal privilege  

           Division 2--Protections for children

   16.     Protections for a child in interactions concerning registration  
   17.     Protections for a child who is a reportable human source  
   17A.    Protections for a child—emergency registrations  

   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  
   19.     Exception—unsolicited provision of information on a discrete occasion  

           Division 2--Requirement for a person's informed consent to registration

   20.     Informed consent required before a person can be registered as a human source  

           Division 3--Application to register a person as a reportable human source

   21.     Application to register a person as a reportable human source  
   22.     Chief Commissioner may request additional information to determine an application  
   23.     Chief Commissioner may register a person as a reportable human source  
   24.     Chief Commissioner to have regard to Public Interest Monitor recommendations before registering a person as a reportable human source  
   25.     Chief Commissioner must have regard to legal or other advice before registering a person as a reportable human source  
   26.     Additional criteria—registration of a person as a reportable human source for the purpose of obtaining or disseminating privileged information  
   27.     Additional criteria for decision to register a child as a reportable human source  
   28.     Chief Commissioner may impose conditions on the registration of a reportable human source  
   29.     Chief Commissioner must determine registration period for a reportable human source  
   30.     Notification of registration decision  

           Division 3A--Application to Supreme Court to register a person as a reportable human source for certain purposes

   30A.    Application to Supreme Court for the registration of a person as a reportable human source for certain purposes  
   30B.    Supreme Court may authorise the registration of a person as a reportable human source for certain purposes  
   30C.    Chief Commissioner may register a person as a reportable human source following court order  
   31.     Application to register a person as a non-reportable human source  
   32.     Chief Commissioner may request additional information to determine an application  
   33.     Chief Commissioner may register a person as a non‑reportable human source  
   34.     Chief Commissioner may impose conditions on the registration of a non-reportable human source  
   35.     Chief Commissioner must determine registration period for a non-reportable human source  
   36.     Notification of registration  
   37.     Particulars to be recorded in a notice or record of registration  
   38.     Chief Commissioner to review the registration of a human source  
   39.     Actions on completion of a registration review  

           Division 6--Application for emergency registration of a human source

   40.     Application for emergency registration  
   41.     Chief Commissioner to decide application for emergency registration  
   42.     Record of emergency registration decision  
   43.     Chief Commissioner to assess whether human source registered on an emergency registration application is a reportable human source  
   44.     Conditions on emergency registration  

           Division 7--Re-registration of a person as a human source

   45.     Re-registration of a person as a human source  

   PART 4--DEACTIVATION AND SUSPENSION OF REGISTRATION

   46.     General power of Chief Commissioner to deactivate registration of a human source  
   47.     Deactivation or suspension—human source who provides unexpected privileged information  
   48.     Deactivation or suspension—human source who develops serious medical or mental health condition  
   49.     Deactivation or suspension of emergency registration  
   50.     Effect of information being quarantined  
   51.     Effect of deactivation of registration  

   PART 5--EXTERNAL OVERSIGHT OF HUMAN SOURCE MANAGEMENT

           Division 1--Public Interest Monitor

   52.     Functions and powers of Public Interest Monitor  
   53.     Public Interest Monitor to be given reasonable assistance  
   54.     Chief Commissioner must notify Public Interest Monitor of applications to register reportable human sources  
   55.     Public Interest Monitor recommendations on applications to register reportable human sources  
   56.     Chief Commissioner must notify Public Interest Monitor of emergency registration of reportable human sources  
   57.     Public Interest Monitor recommendations on emergency registrations  
   58.     Referral of recommendations not accepted to Chief Commissioner  
   59.     Certain privileges abrogated  
   60.     Privilege against self-incrimination abrogated  
   61.     Public Interest Monitor must return documents to Chief Commissioner  
   62.     Reports  
   63.     Advance copy of reports  
   64.     Tabling and publishing of reports  
   65.     Functions and powers of IBAC  
   66.     IBAC to be given reasonable assistance  
   67.     IBAC to inspect Victoria Police records  
   68.     Inspection of records relating to emergency registrations  
   69.     Inspection of records relating to oral notifications  
   70.     Inspection of records relating to human sources generally  
   71.     Chief Commissioner to report on emergency registrations  
   72.     Chief Commissioner to report on oral registration notifications  
   72A.    Chief Commissioner to report on applications to the Supreme Court  
   73.     Chief Commissioner to report on registration applications  
   74.     Chief Commissioner to report on material contraventions and privileged information received  
   75.     IBAC recommendations to Chief Commissioner  
   76.     Certain privileges abrogated  
   77.     Privilege against self-incrimination abrogated  
   78.     IBAC must return documents to Chief Commissioner  
   79.     Reports  
   80.     Advance copy of reports  
   81.     Tabling and publishing of reports  

           Division 3--Victorian Inspectorate

   82.     Functions and powers of Victorian Inspectorate  
   83.     Victorian Inspectorate to be given reasonable assistance  
   84.     Victorian Inspectorate recommendations to Public Interest Monitor  
   85.     Victorian Inspectorate must return documents to Public Interest Monitor  
   86.     Annual report  

   PART 6--OFFENCES

   87.     Unauthorised disclosure of human source information  
   88.     Aggravated unauthorised disclosure of human source information—intent to endanger health or safety  
   89.     Aggravated unauthorised disclosure of human source information—prejudice  

   PART 7--GENERAL

           Division 1--Regulations

   90.     Regulations  

           Division 2--Transitional provisions

   91.     Pre-existing arrangements  
   92.     Regulations dealing with transitional matters  

   PART 8--CONSEQUENTIAL AMENDMENT OF VICTORIA POLICE ACT 2013

   93.     Delegation by Chief Commissioner  
   94.     Repeal of this Part  
           ENDNOTES