Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Human Source Management Act 2023
No. of 2023
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Meaning of human source activity 8
5 Meaning of informed consent 8
6 Meaning of material contravention 8
7 Meaning of serious medical or mental health condition 9
8 Act binds the Crown 9
9 Extraterritorial application 10
10 Delegation 10
Part 2--Prohibitions on certain human source activity and
protections 13
Division 1--Prohibitions on certain human source activity 13
11 Engaging a person in human source activity 13
12 Requesting, inducing or procuring registration of a child as a
human source 14
13 Prohibition on human source activity that is not consistent
with registration 14
14 Prohibition on certain management arrangements for
reportable human sources 14
15 Prohibition on tasking a human source who is a child 15
15A Prohibition on tasking a human source where information
subject to client legal privilege 15
Division 2--Protections for children 15
16 Protections for a child in interactions concerning registration 15
17 Protections for a child who is a reportable human source 16
17A Protections for a child--emergency registrations 17
Part 3--Registration, use and management of human sources 19
Division 1--Requirement to apply to register a person as a human
source 19
18 Requirement to apply to register a person as a human source 19
i
Clause Page
19 Exception--unsolicited provision of information on a discrete
occasion 20
Division 2--Requirement for a person's informed consent to
registration 21
20 Informed consent required before a person can be registered as
a human source 21
Division 3--Application to register a person as a reportable
human source 23
21 Application to register a person as a reportable human source 23
22 Chief Commissioner may request additional information to
determine an application 24
23 Chief Commissioner may register a person as a reportable
human source 24
24 Chief Commissioner to have regard to Public Interest Monitor
recommendations before registering a person as a reportable
human source 27
25 Chief Commissioner must have regard to legal or other advice
before registering a person as a reportable human source 27
26 Additional criteria--registration of a person as a reportable
human source for the purpose of obtaining or disseminating
privileged information 28
27 Additional criteria for decision to register a child as a
reportable human source 29
28 Chief Commissioner may impose conditions on the
registration of a reportable human source 30
29 Chief Commissioner must determine registration period for a
reportable human source 30
30 Notification of registration decision 30
Division 3A--Application to Supreme Court to register a person as
a reportable human source for certain purposes 31
30A Application to Supreme Court for the registration of a person
as a reportable human source for certain purposes 31
30B Supreme Court may authorise the registration of a person as a
reportable human source for certain purposes 34
30C Chief Commissioner may register a person as a reportable
human source following court order 37
Division 4--Registration of a person as a non-reportable human
source 38
31 Application to register a person as a non-reportable human
source 38
32 Chief Commissioner may request additional information to
determine an application 39
ii
Clause Page
33 Chief Commissioner may register a person as a non-reportable
human source 39
34 Chief Commissioner may impose conditions on the
registration of a non-reportable human source 41
35 Chief Commissioner must determine registration period for a
non-reportable human source 41
36 Notification of registration 41
37 Particulars to be recorded in a notice or record of registration 42
Division 5--Review of registrations of human sources other than
emergency registrations 43
38 Chief Commissioner to review the registration of a human
source 43
39 Actions on completion of a registration review 45
Division 6--Application for emergency registration of a human
source 46
40 Application for emergency registration 46
41 Chief Commissioner to decide application for emergency
registration 47
42 Record of emergency registration decision 48
43 Chief Commissioner to assess whether human source
registered on an emergency registration application is a
reportable human source 49
44 Conditions on emergency registration 50
Division 7--Re-registration of a person as a human source 50
45 Re-registration of a person as a human source 50
Part 4--Deactivation and suspension of registration 52
46 General power of Chief Commissioner to deactivate
registration of a human source 52
47 Deactivation or suspension--human source who provides
unexpected privileged information 52
48 Deactivation or suspension--human source who develops
serious medical or mental health condition 54
49 Deactivation or suspension of emergency registration 55
50 Effect of information being quarantined 55
51 Effect of deactivation of registration 56
Part 5--External oversight of human source management 57
Division 1--Public Interest Monitor 57
52 Functions and powers of Public Interest Monitor 57
53 Public Interest Monitor to be given reasonable assistance 59
54 Chief Commissioner must notify Public Interest Monitor of
applications to register reportable human sources 59
iii
Clause Page
55 Public Interest Monitor recommendations on applications to
register reportable human sources 60
56 Chief Commissioner must notify Public Interest Monitor of
emergency registration of reportable human sources 61
57 Public Interest Monitor recommendations on emergency
registrations 62
58 Referral of recommendations not accepted to Chief
Commissioner 63
59 Certain privileges abrogated 64
60 Privilege against self-incrimination abrogated 65
61 Public Interest Monitor must return documents to Chief
Commissioner 65
62 Reports 66
63 Advance copy of reports 68
64 Tabling and publishing of reports 69
Division 2--Independent Broad-based Anti-corruption
Commission 69
65 Functions and powers of IBAC 69
66 IBAC to be given reasonable assistance 71
67 IBAC to inspect Victoria Police records 71
68 Inspection of records relating to emergency registrations 72
69 Inspection of records relating to oral notifications 73
70 Inspection of records relating to human sources generally 74
71 Chief Commissioner to report on emergency registrations 76
72 Chief Commissioner to report on oral registration notifications 77
72A Chief Commissioner to report on applications to the Supreme
Court 78
73 Chief Commissioner to report on registration applications 78
74 Chief Commissioner to report on material contraventions and
privileged information received 80
75 IBAC recommendations to Chief Commissioner 81
76 Certain privileges abrogated 82
77 Privilege against self-incrimination abrogated 83
78 IBAC must return documents to Chief Commissioner 83
79 Reports 84
80 Advance copy of reports 86
81 Tabling and publishing of reports 86
Division 3--Victorian Inspectorate 86
82 Functions and powers of Victorian Inspectorate 86
83 Victorian Inspectorate to be given reasonable assistance 88
84 Victorian Inspectorate recommendations to Public Interest
Monitor 88
85 Victorian Inspectorate must return documents to Public
Interest Monitor 90
86 Annual report 90
iv
Clause Page
Part 6--Offences 92
87 Unauthorised disclosure of human source information 92
88 Aggravated unauthorised disclosure of human source
information--intent to endanger health or safety 92
89 Aggravated unauthorised disclosure of human source
information--prejudice 93
Part 7--General 95
Division 1--Regulations 95
90 Regulations 95
Division 2--Transitional provisions 96
91 Pre-existing arrangements 96
92 Regulations dealing with transitional matters 96
Part 8--Consequential amendment of Victoria Police Act 2013 98
93 Delegation by Chief Commissioner 98
94 Repeal of this Part 98
═════════════
Endnotes 99
1 General information 99
v
Human Source Management Act 2023
No. of 2023
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to provide for the registration, use and
management of human sources by Victoria
Police; and
(b) to provide for the external oversight of the
use of human sources; and
(c) to consequentially amend the Victoria
Police Act 2013.
1
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
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 September 2024, it comes into
operation on that day.
3 Definitions
In this Act--
applicant police officer means a police officer
who has made a registration application;
Assistant Commissioner means a person
employed as an Assistant Commissioner
under section 24 of the Victoria Police
Act 2013;
Board of Inquiry has the same meaning as in the
Inquiries Act 2014;
business day means a day other than--
(a) a Saturday or Sunday; or
(b) a day appointed under the Public
Holidays Act 1993 as a public holiday
or public half-holiday throughout the
whole of Victoria;
Chief Commissioner means the Chief
Commissioner of Police appointed under
section 17 of the Victoria Police Act 2013;
child means a person who is under the age of
18 years;
client legal privilege includes legal professional
privilege;
Department means the Department of Justice and
Community Safety;
2
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
emergency registration means emergency
registration of a person as a human source
under section 41;
emergency registration application means an
application for emergency registration under
section 40;
Formal Review has the same meaning as in the
Inquiries Act 2014;
human source means a person who is registered
as a human source under section 23, 30C, 33
or 41;
human source activity has the meaning given in
section 4;
human source management framework means--
(a) this Act; and
(b) any regulations made under this Act;
and
(c) any policies of Victoria Police
concerning the management of human
sources;
IBAC means the Independent Broad-based
Anti-corruption Commission established
under the Independent Broad-based
Anti-corruption Commission Act 2011;
informed consent has the meaning given in
section 5;
integrity body means--
(a) IBAC; or
(b) an integrity body within the meaning of
the Independent Broad-based
Anti-corruption Commission
Act 2011;
3
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
intelligence agency means--
(a) the Australian Security Intelligence
Organisation; or
(b) the Australian Secret Intelligence
Service; or
(c) the Australian Signals Directorate; or
(d) the Office of National Intelligence; or
(e) the Australian Criminal Intelligence
Commission;
law enforcement agency means--
(a) the Australian Federal Police; or
(b) a police force or police service of
another State or a Territory; or
(c) any other authority or person
responsible for the enforcement of the
laws of the Commonwealth or of a
State or a Territory;
material contravention has the meaning given in
section 6;
member of Victoria Police personnel has the
same meaning as in the Victoria Police
Act 2013;
non-reportable human source means a person--
(a) registered as a non-reportable human
source under section 33; or
(b) if the person was registered as a human
source on an emergency registration,
recorded as a non-reportable human
source under section 43(b);
4
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
permitted disclosure means any of the
following--
(a) disclosure for the purposes of the
administration of this Act;
(b) disclosure for the purposes of any legal
proceeding;
(c) disclosure to--
(i) a Royal Commission, Board of
Inquiry or Formal Review; or
(ii) a body established under a law of
the Commonwealth or of another
State or of a Territory that is the
equivalent of a Royal
Commission, Board of Inquiry or
Formal Review;
(d) disclosure made as required or
permitted by any other law;
(e) disclosure to or within a law
enforcement agency for a legitimate
law enforcement purpose;
(f) disclosure to or within an intelligence
agency for the purposes of gathering
criminal intelligence;
(g) a disclosure to a prescribed person or
for a prescribed purpose;
privileged information means information subject
to the following legal obligations of
privilege--
(a) client legal privilege;
(b) journalist privilege;
(c) medical privilege;
(d) religious confession privilege;
5
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
(e) parliamentary privilege;
(f) judicial privilege;
(g) public interest immunity--
but does not include--
(h) the privilege against self-incrimination;
or
(i) privilege that attaches to information
relating to settlement negotiations as
referred to in section 131 of the
Evidence Act 2008;
Public Interest Monitor means a Public Interest
Monitor within the meaning of the Public
Interest Monitor Act 2011;
registered psychologist means a person registered
under the Health Practitioner Regulation
National Law to practise in the psychology
profession (other than as a student);
registration means--
(a) registration as a reportable human
source under section 23; or
(b) registration as a non-reportable human
source under section 33; or
(c) emergency registration--
as the case requires;
registration application means--
(a) an application under section 21 to
register a person as a reportable human
source; or
(b) an application under section 31 to
register a person as a non-reportable
human source; or
6
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
(c) an emergency registration application;
or
(d) an application to the Supreme Court
under section 30A;
registration review means a review under
section 38 of the registration of a human
source;
reportable human source means a person--
(a) registered as a reportable human source
under section 23 or 30C; or
(b) if the person was registered as a human
source on an emergency registration,
recorded as a reportable human source
under section 43(a);
Royal Commission means--
(a) a Royal Commission established under
the Inquiries Act 2014; or
(b) a Royal Commission established under
the prerogative of the Crown;
serious medical or mental health condition has
the meaning given in section 7;
tasking means the assigning or giving of
instructions to a person to assist with a
criminal investigation or the gathering of
criminal intelligence;
Victoria Police has the same meaning as in the
Victoria Police Act 2013;
Victorian Inspectorate means the Victorian
Inspectorate established under section 8 of
the Victorian Inspectorate Act 2011.
7
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
4 Meaning of human source activity
For the purposes of this Act, human source
activity means any of the following when done for
the purposes of assisting a criminal investigation
or the gathering of criminal intelligence with a
person who a police officer would be required to
apply to register, or apply to the Supreme Court
for authorisation to register, under this Act--
(a) obtaining information from the person; or
(b) tasking the person; or
(c) using or disseminating information obtained
by a police officer from the person.
5 Meaning of informed consent
For the purposes of this Act, a person gives
informed consent to registration as a human
source if--
(a) the person has been given adequate
information, in a language that the person
understands, to enable the person to decide
whether to consent to registration as a human
source; and
(b) the person gives consent to registration as a
human source freely without undue pressure
or coercion by any other person.
6 Meaning of material contravention
For the purposes of this Act, a material
contravention of the human source management
framework is a contravention that a reasonable
person would consider--
(a) has significantly and adversely impacted, or
is likely to significantly and adversely
impact--
(i) the integrity of the human source
management framework; or
8
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
(ii) community confidence in the
administration of justice or Victoria
Police; or
(b) has resulted in, or is likely to result in, a
serious risk to the life or safety of--
(i) a human source; or
(ii) a person who was formerly a human
source; or
(iii) a person in respect of whom a
registration application has at any time
been made.
7 Meaning of serious medical or mental health
condition
For the purposes of this Act, a person has a
serious medical or mental health condition if the
person has a medical condition or a mental health
condition that--
(a) impedes the person's ability to make sound
judgements; or
(b) impedes the person's ability to understand
the person's responsibilities or role as a
human source; or
(c) affects the person's capacity to give informed
consent to registration as a human source; or
(d) could be exacerbated by the stress of being
registered as a human source in a way that
would have a significant impact on the
person's welfare.
8 Act binds the Crown
(1) 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.
9
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
(2) The Crown is a body corporate for the purposes of
this Act and the regulations.
9 Extraterritorial application
It is the intention of the Parliament that, as far as
the legislative power of the Parliament permits,
the operation of this Act includes operation in
relation to acts, transactions and matters done,
entered into or occurring outside Victoria, whether
in or outside Australia.
10 Delegation
(1) The Chief Commissioner, by instrument, may
delegate the following functions and powers of the
Chief Commissioner to a police officer who is at
or above the rank of Assistant Commissioner--
(a) the power to register a person as a reportable
human source under section 23 or 30C;
(ab) the power to approve the making of an
application under section 30A;
(b) the functions and powers under sections 22,
28, 29 and 30 relating to the registration of a
reportable human source;
(c) the functions and powers under sections 41,
42, 43 and 44(1) relating to the emergency
registration of a person as a human source;
(d) the power under section 44(2) to impose,
vary or remove conditions on the emergency
registration of a human source;
(e) the functions and powers under sections 38
and 39, to the extent they relate to a review
of the registration of a reportable human
source registered for the purpose of
obtaining, or obtaining and disseminating--
(i) privileged information; or
10
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
(ii) privileged information in respect of
which there is an exception to the
privilege;
(f) the functions and powers under sections 54
and 55 relating to notifications to the Public
Interest Monitor;
(g) the functions and powers under section 57
relating to recommendations made by the
Public Interest Monitor.
(2) The Chief Commissioner, by instrument, may
delegate the following functions and powers of the
Chief Commissioner to a police officer who is at
or above the rank of senior sergeant--
(a) the power to register a person as a
non-reportable human source under
section 33;
(b) the functions and powers under sections 32,
34, 35, 36 and 37 relating to the registration
of a non-reportable human source;
(c) the power under section 45(3) to deactivate
the registration of a human source;
(d) the functions and powers under sections 38
and 39, to the extent they relate to a review
of the registration of a non-reportable human
source;
(e) the functions and powers under sections 46,
47, 48 and 49 to suspend and deactivate the
registration of a human source.
(3) The Chief Commissioner, by instrument, may
delegate to a police officer at or above the rank of
superintendent the functions and powers of the
Chief Commissioner under sections 38 and 39 to
the extent they relate to a review of the
registration of a reportable human source who is
11
Human Source Management Act 2023
No. of 2023
Part 1--Preliminary
not registered for the purpose of obtaining, or
obtaining and disseminating--
(a) privileged information; or
(b) privileged information in respect of which
there is an exception to the privilege.
(4) The Chief Commissioner, by instrument, may
delegate to a member of Victoria Police personnel
any function or power conferred on the Chief
Commissioner by or under this Act other than--
(a) the functions and powers referred to in
subsection (1), (2) or (3); or
(b) the functions and powers under section 58
relating to review of a decision not to accept
a recommendation made by the Public
Interest Monitor; or
(c) this power of delegation.
12
Human Source Management Act 2023
No. of 2023
Part 2--Prohibitions on certain human source activity and protections
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
(1) A police officer must not engage a person in any
human source activity unless the person is a
human source.
(2) Despite subsection (1), for the purposes of
assisting a criminal investigation or the gathering
of criminal intelligence, a police officer may use
information obtained from a person if--
(a) at the time the information obtained from
that person was disseminated, the person was
a human source; and
(b) the information is not quarantined under
Part 4.
(3) For the purposes of this section, a person is not
registered as a human source for any period
during which the person's registration is
suspended under Part 4.
(4) Despite subsections (1) and (2), a police officer
may--
(a) obtain information from the person for the
purposes of a registration application; and
(b) use information obtained from the person for
the purposes of a registration application.
13
Human Source Management Act 2023
No. of 2023
Part 2--Prohibitions on certain human source activity and protections
12 Requesting, inducing or procuring registration of a
child as a human source
(1) Subject to subsection (2), a police officer must not
initiate contact with a child for the purpose of
requesting, inducing or procuring the registration
of the child as a human source.
(2) Subsection (1) does not apply if the child provides
unsolicited information or assistance to Victoria
Police.
13 Prohibition on human source activity that is not
consistent with registration
A police officer must not engage a human source
in human source activity that would be
inconsistent with the purpose for which the human
source was registered.
14 Prohibition on certain management arrangements
for reportable human sources
A police officer must not enter into an agreement
with another law enforcement agency or an
intelligence agency in relation to the joint
management of--
(a) a reportable human source; or
(b) a person who--
(i) is a child; or
(ii) is reasonably expected to have access
to--
(A) privileged information; or
(B) privileged information in respect
of which there is an exception to
the privilege; or
(iii) has a serious medical or mental health
condition.
14
Human Source Management Act 2023
No. of 2023
Part 2--Prohibitions on certain human source activity and protections
15 Prohibition on tasking a human source who is a
child
A police officer must not task a human source
who is a child.
15A Prohibition on tasking a human source where
information subject to client legal privilege
A police officer must not task a human source
who is registered for the purpose of a police
officer obtaining, or obtaining and disseminating,
information from the human source that is subject
to--
(a) client legal privilege; or
(b) client legal privilege in respect of which
there is an exception to the privilege.
Division 2--Protections for children
16 Protections for a child in interactions concerning
registration
(1) A police officer, during any interaction with a
child concerning the potential registration of that
child as a human source, must ensure the presence
of at least one of the following--
(a) an Australian legal practitioner;
(b) either--
(i) a parent or a guardian; or
(ii) if a parent or guardian is unavailable or
it is not appropriate for a parent or
guardian to attend, an independent
person.
Example
It is not appropriate for a parent or guardian to be present if
the child is to provide information about the parent or
guardian or the presence of the child's parent or guardian
may place the child or any other person at risk.
15
Human Source Management Act 2023
No. of 2023
Part 2--Prohibitions on certain human source activity and protections
(2) For the purposes of subsection (1), the police
officer must--
(a) consult the child before determining who
will be present during the interaction; and
(b) if an Australian legal practitioner is not to be
present during the interaction, inform the
child and the child's parent, guardian or
independent person that the child may
express their wish to have an Australian legal
practitioner present at any time; and
(c) take reasonable steps to facilitate the child's
wishes in this regard before any interaction
with the child takes place or before any
further interaction with the child takes place
(as the case requires).
(4) This section does not apply if the child is
proposed to be registered as a human source on an
emergency registration application.
17 Protections for a child who is a reportable human
source
(1) A police officer, during any interaction which
constitutes human source activity with a child who
is a human source, must ensure the presence of at
least one of the following--
(a) an Australian legal practitioner;
(b) either--
(i) a parent or a guardian; or
(ii) if a parent or guardian is unavailable or
it is not appropriate for a parent or
guardian to attend, an independent
person.
16
Human Source Management Act 2023
No. of 2023
Part 2--Prohibitions on certain human source activity and protections
Example
It is not appropriate for a parent or guardian to be present if
the child is to provide information about the parent or
guardian or the presence of the child's parent or guardian
may place the child or any other person at risk.
(2) For the purposes of subsection (1), the police
officer must--
(a) consult the child before determining who
will be present during the interaction; and
(b) if an Australian legal practitioner is not to be
present during the interaction, inform the
child and the child's parent, guardian or
independent person that the child may
express their wish to have an Australian legal
practitioner present at any time; and
(c) take reasonable steps to facilitate the child's
wishes in this regard before any interaction
with the child takes place or before any
further interaction with the child takes place
(as the case requires).
(5) This section does not apply to a child who is
registered as a human source on an emergency
registration.
17A Protections for a child--emergency registrations
(1) A child is entitled to the presence of the following
persons during any interaction between the child
and a police officer concerning the potential
registration of that child as a human source--
(a) an Australian legal practitioner;
(b) either--
(i) a parent or a guardian; or
17
Human Source Management Act 2023
No. of 2023
Part 2--Prohibitions on certain human source activity and protections
(ii) if a parent or guardian is unavailable or
it is not appropriate for a parent or
guardian to attend, an independent
person.
Example
It is not appropriate for a parent or guardian to
be present if the child is to provide information
about the parent or guardian or the presence of
the child's parent or guardian may place the
child or any other person at risk.
(2) A human source registered on an emergency
registration who is a child is entitled to the
presence of the persons specified in subsection
(1)(a) and (b) during any interaction between the
human source and a police officer concerning the
child's role as a human source.
(3) A human source registered on an emergency
registration who is a child is entitled to request the
presence of a person referred to in subsection
(1)(a) or (b) (or both) during any other interaction
between the human source and a police officer.
(4) A police officer must inform the child of the
entitlements in subsection (1) before any
interaction concerning potential emergency
registration of the child takes place between the
human source and the police officer.
(5) A police officer must inform the child of the
entitlements in subsections (2) and (3) before any
interaction concerning registration or deactivation
takes place between the human source and the
police officer.
(6) The police officer must take reasonable steps to
facilitate the presence of each person entitled to be
present under subsection (1) or (2) or whose
presence is requested under subsection (3).
18
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
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
(1) A police officer must apply under this Part to
register, or apply to the Supreme Court for
authorisation to register, a person as a human
source if--
(a) the police officer or any other police officer
intends to--
(i) obtain information from the person; or
(ii) task the person; or
(iii) use or disseminate information obtained
from the person by the police officer or
any other police officer; and
(b) the person has a reasonable expectation that
the person's identity or the provision of
assistance or information by the person to
Victoria Police will remain confidential.
(2) Despite subsection (1), a police officer is not
required to apply to register as a human source a
person who provides information to a member of
Victoria Police personnel--
(a) as part of a public interest disclosure within
the meaning of the Public Interest
Disclosures Act 2012 made under that Act;
or
(b) as part of a report under section 183 of the
Children, Youth and Families Act 2005; or
19
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(c) as expressly required by or under any Act or
Commonwealth Act.
(3) Despite subsection (1), a police officer is not
required to apply to register a person who
anonymously provides information to a member
of Victoria Police personnel.
19 Exception--unsolicited provision of information on
a discrete occasion
(1) Despite section 18, a police officer is not required
to apply under this Part to register a person as a
human source if reasonably satisfied that--
(a) the person provides unsolicited information
to the police officer or any other police
officer on a discrete occasion; and
(b) the person would be registered as a human
source only for the purpose of obtaining,
using or disseminating the information
provided on that discrete occasion; and
(c) the person--
(i) is not a child; and
(ii) is not reasonably expected to have
access to--
(A) privileged information; or
(B) privileged information in respect
of which there is an exception to
the privilege; and
(iii) does not have a serious medical or
mental health condition.
(2) In determining whether the information has been
provided to a police officer on a discrete occasion,
the police officer must consider--
20
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(a) whether the person has previously provided
related information to the police officer or
any other police officer; and
(b) whether the information will require any
future contact between the person and any
police officer, and the nature and extent of
that contact.
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
(1) A person who is 18 years of age or over must not
be registered as a human source under this Part
unless--
(a) the person has given informed consent to the
registration; and
(b) the Chief Commissioner has a record of that
person's informed consent to the registration.
(2) A child must not be registered as a human source
under this Part unless--
(a) the child has given informed consent to the
registration; and
(b) subject to subsection (3), the child's parent or
guardian has given informed consent to the
registration; and
(c) the Chief Commissioner has a record of
informed consent to the registration given by
the child and the child's parent or guardian
(if applicable).
21
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(3) Subsection (2)(b) does not apply if it is not
appropriate for the parent or guardian to give
consent to the child's registration.
Example
It is not appropriate for a parent or guardian to be present if
the child is to provide information about the parent or
guardian or the presence of the child's parent or guardian
may place the child or any other person at risk.
(3A) If it is not appropriate for the parent or guardian to
give consent to the child's registration, a police
officer must ensure that an independent person is
present at the time the child gives informed
consent.
(4) For the purposes of this section, the person's
consent may be recorded in writing or any other
format, including an audio or audio-visual
recording.
(5) This section does not apply to an emergency
registration application if the applicant police
officer is reasonably satisfied that--
(a) the person in respect of whom the
application is made provides unsolicited
information to the police officer or any other
police officer on a discrete occasion; and
(b) the purpose of the emergency registration is
limited to the obtaining, use or dissemination
of the information provided on that discrete
occasion.
22
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
Division 3--Application to register a person as a
reportable human source
21 Application to register a person as a reportable
human source
(1) A police officer may apply to the Chief
Commissioner to register as a reportable human
source a person who--
(a) is a child; or
(b) is reasonably expected to have access to--
(i) privileged information; or
(ii) privileged information in respect of
which there is an exception to the
privilege; or
(c) has a serious medical or mental health
condition; or
(d) the police officer believes would be
inappropriate to be registered as a
non-reportable human source.
(1A) A police officer must not apply to the Chief
Commissioner to register as a reportable human
source a person who is reasonably expected to
have access to information that is subject to client
legal privilege or information in respect of which
there is an exception to client legal privilege, for
the purpose of obtaining, or obtaining and
disseminating, information of that kind.
(2) The application must--
(a) be in writing; and
(b) be signed by the applicant police officer; and
(c) include the following information--
(i) the name of the applicant police officer;
23
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(ii) the name of the person who is to be
registered as a reportable human
source;
(iii) the reason for the application;
(iv) sufficient information to enable the
Chief Commissioner to determine
whether to register the person as a
reportable human source.
Note
See section 9 of the Electronic Transactions (Victoria)
Act 2000 in relation to signature.
(3) If the application is made in respect of a child
without the informed consent of the child's parent
or guardian, the application must include the
reason for not having obtained that consent.
22 Chief Commissioner may request additional
information to determine an application
For the purposes of determining an application to
register a person as a reportable human source, the
Chief Commissioner may require the applicant
police officer to provide any additional
information that is relevant to the decision to
register the person as a reportable human source.
23 Chief Commissioner may register a person as a
reportable human source
(1) Subject to this section and sections 20, 24, 25, 26
and 27, the Chief Commissioner may register a
person as a reportable human source if the Chief
Commissioner is satisfied that--
(a) the use of the person as a human source--
(i) is necessary to achieve a legitimate law
enforcement objective; and
(ii) is proportionate to that objective; and
24
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) the risks associated with the person's
registration as a human source have been
identified and can be adequately managed;
and
(c) the registration of the person as a reportable
human source is otherwise appropriate and
justified.
Note
The Chief Commissioner must notify the Public Interest
Monitor of an application to register a person as a reportable
human source before making a decision on that application:
see section 54.
(1A) The Chief Commissioner must not register a
person as a reportable human source under this
section if--
(a) the person is reasonably expected to have
access to--
(i) information that is subject to client
legal privilege; or
(ii) information in respect of which there is
an exception to client legal privilege;
and
(b) the purpose of the registration is for a police
officer to obtain, or to obtain and
disseminate, information that is subject to
client legal privilege or information in
respect of which there is an exception to
client legal privilege.
(2) In determining whether to register a person as a
reportable human source under subsection (1), the
Chief Commissioner must have regard to the
following--
(a) the seriousness of the offence and the
imminence of any threat to which the
person's information or assistance relates;
25
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) the likelihood of investigators being able to
obtain the information or assistance through
other investigatory or intelligence methods;
(c) whether the person is reasonably expected to
have access to privileged information or
privileged information in respect of which
there is an exception to the privilege and, if
so, whether that information is related to the
information the person is expected to provide
to a police officer if registered as a
reportable human source;
(d) whether the person is reasonably expected to
have access to information that is subject to a
legal obligation of confidentiality and, if so,
whether that information is related to the
information the person is expected to provide
to a police officer if registered as a
reportable human source;
(e) any legal advice or specialist advice
regarding the registration of the person as a
reportable human source (other than advice
referred to in section 25);
(f) the person's age;
(g) the person's health, including the person's
mental and physical health;
(h) the purpose for which the person is proposed
to be registered as a reportable human
source;
(i) the conditions that would be imposed on the
registration under section 28;
(j) the length of time for which the person is
proposed to be registered as a reportable
human source;
26
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(k) mitigation of any risk to the safety of the
person if the person is registered as a
reportable human source;
(l) the adequacy of the risk assessment and any
other material provided in support of the
application;
(m) any rewards that are proposed to be given to
the person if registered as a reportable
human source;
(n) if the person is a child--
(i) whether registration as a reportable
human source is in the best interests of
the child; and
(ii) any expected impact of registration on
the child's wellbeing.
Note
See also section 38 of the Charter of Human Rights and
Responsibilities Act 2006.
24 Chief Commissioner to have regard to Public
Interest Monitor recommendations before
registering a person as a reportable human source
Before registering a person as a reportable human
source, the Chief Commissioner must have regard
to any recommendations given by the Public
Interest Monitor to the Chief Commissioner under
Division 1 of Part 5 in relation to the registration
of the 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
(1) Before registering as a reportable human source
under section 23 a person who is reasonably
expected to have access to--
(a) privileged information; or
27
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) privileged information in respect of which
there is an exception to the privilege--
the Chief Commissioner must have regard to legal
advice regarding the registration of the person as a
reportable human source.
(2) Before registering a child as a reportable human
source under section 23, the Chief Commissioner
must have regard to specialist advice regarding
registration of that child as a human source.
(3) Before registering as a reportable human source
under section 23 a person who has a serious
medical or mental health condition, the Chief
Commissioner must have regard to specialist
mental health advice or medical advice (as the
case requires) regarding the person's medical
condition or mental health condition.
(4) Without limiting subsection (2), specialist advice
may be provided by a social worker or a registered
psychologist.
26 Additional criteria--registration of a person as a
reportable human source for the purpose of
obtaining or disseminating privileged information
(1) The Chief Commissioner must not register a
person as a reportable human source for the
purpose of a police officer obtaining, or obtaining
and disseminating, privileged information from
the person unless satisfied that--
(a) there is a serious threat to--
(i) national security; or
(ii) the community; or
(iii) the life and welfare of any person; and
28
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) the information that the person is expected to
provide if registered as a reportable human
source cannot be obtained through any other
reasonable means.
(2) Subsection (1) does not apply if the information
that the person is to be registered to provide is
subject to--
(a) client legal privilege; or
(b) an exception to client legal privilege or any
other privilege.
27 Additional criteria for decision to register a child as
a reportable human source
(1) The Chief Commissioner must not register a child
as a reportable human source under section 23
unless satisfied that--
(a) either--
(i) there is a serious threat to--
(A) national security; or
(B) the community; or
(C) the life and welfare of any person;
or
(ii) the registration of the child is necessary
to investigate a serious offence; and
(b) the information or assistance that the child is
expected to provide if registered as a human
source cannot be obtained through any other
reasonable means.
(2) In this section--
serious offence means an indictable offence that
is punishable by level 1, 2 or
3 imprisonment.
29
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
28 Chief Commissioner may impose conditions on the
registration of a reportable human source
Subject to any conditions imposed by the Supreme
Court under section 30B, the Chief Commissioner
may impose any conditions on the registration of a
reportable human source that the Chief
Commissioner considers necessary.
29 Chief Commissioner must determine registration
period for a reportable human source
(1) If the Chief Commissioner registers a person as a
reportable human source, the Chief Commissioner
must determine the period (not exceeding
6 months or, if applicable, the period fixed by the
Supreme Court) for which the registration is to be
in effect.
(2) The Chief Commissioner must also determine the
intervals at which a registration under section 23
is to be reviewed, being at least once every month.
30 Notification of registration decision
(1) If the Chief Commissioner registers a person as a
reportable human source, the Chief Commissioner
must immediately notify the applicant police
officer in writing of the registration.
(2) A notice under subsection (1) must be signed by
the Chief Commissioner and must include the
following information--
(a) the name of the reportable human source;
(b) the date of registration;
(c) the purposes for which the reportable human
source has been registered, including--
(i) the law enforcement objective for
which the human source is to be used;
and
30
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(ii) how the use of the human source is
proportionate to that objective;
(d) any conditions imposed on the registration;
(e) the period of the registration;
(f) the reasons for the registration decision,
including the matters had regard to under
section 23 (as the case requires);
(g) any other information that the Chief
Commissioner considers relevant to the
registration;
(h) if the reportable human source is a child, the
reason for not obtaining the informed
consent of the child's parent or guardian to
the registration (if applicable).
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
(1) A police officer, with the approval of the Chief
Commissioner, may apply to the Supreme Court
for an order authorising the Chief Commissioner
to register a person as a reportable human source
for the purpose of a police officer obtaining, or
obtaining and disseminating, information that is
subject to client legal privilege or information in
respect of which there is an exception to client
legal privilege if the police officer is reasonably
satisfied--
(a) that the use of the person as a human
source--
(i) is necessary to achieve a legitimate law
enforcement objective; and
31
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(ii) is proportionate to that objective; and
(b) that the risks associated with the person's
registration as a human source have been
identified and can be adequately managed;
and
(c) that the registration of the person as a
reportable human source is otherwise
appropriate and justified; and
(d) of either of the following--
(i) that--
(A) there is a serious and imminent
threat to national security, the
health or safety of the public or a
section of the public, the life of a
person or of serious physical harm
to a person; and
(B) registering the person as a
reportable human source is
immediately necessary to respond
to the threat; and
(C) the information or assistance that
the person is expected to provide
if registered as a reportable human
source cannot be obtained through
any other reasonable means; or
(ii) the information is subject to an
exception to client legal privilege of a
kind that permits its disclosure to law
enforcement officers.
(2) An application must--
(a) specify the name of the applicant; and
(b) specify the name of the person in respect of
whom the application is made; and
32
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(c) specify the information proposed to be
obtained, or obtained and disseminated; and
(d) specify the reasons why the information is
likely to be the subject of client legal
privilege or subject to an exception to client
legal privilege; and
(e) specify the required duration of the
registration; and
(f) if the application is made in writing, be
signed by the police officer making the
application; and
(g) unless the police officer making the
application reasonably believes it would be
impracticable to do so, be supported by an
affidavit setting out the grounds on which the
application is made.
(3) If the police officer making an application under
this section reasonably believes that it is
impracticable for the application to be made in
person, the application may be made by telephone
or other electronic communication.
(4) An application that is made without a supporting
affidavit must be accompanied by any information
requested by the court.
(5) A police officer who makes an application without
a supporting affidavit must provide a supporting
affidavit within 24 hours after making the
application.
33
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
30B Supreme Court may authorise the registration of a
person as a reportable human source for certain
purposes
(1) The Supreme Court may make an order of a kind
referred to in section 30A(1) only if the court is
reasonably satisfied--
(a) that the use of the person as a human
source--
(i) is necessary to achieve a legitimate law
enforcement objective; and
(ii) is proportionate to that objective; and
(b) that the risks associated with the person's
registration as a human source have been
identified and can be adequately managed;
and
(c) that the registration of the person as a
reportable human source is otherwise
appropriate and justified; and
(d) of either of the following--
(i) that--
(A) there is a serious and imminent
threat to national security, the
health or safety of the public or a
section of the public, the life of a
person or of serious physical harm
to a person; and
(B) registering the person as a
reportable human source is
immediately necessary to respond
to the threat; and
34
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(C) the information or assistance that
the person is expected to provide
if registered as a reportable human
source cannot be obtained through
any other reasonable means; or
(ii) the information is subject to an
exception to client legal privilege of a
kind that permits its disclosure to law
enforcement officers; and
(e) in the case of an application that is not made
in person, that it would have been
impracticable for the application to be made
in person; and
(f) in the case of an application that is not
supported by an affidavit, that it would have
been impracticable for an affidavit to have
been prepared and sworn or affirmed before
the application was made.
(2) In considering whether the court is reasonably
satisfied of the matters specified in subsection (1),
the court must consider the following--
(a) whether the person is reasonably expected to
have access to privileged information or
privileged information in respect of which
there is an exception to the privilege and, if
so, whether that information is related to the
information the person is expected to provide
to a police officer if registered as a
reportable human source;
(b) whether the person is reasonably expected to
have access to information that is subject to a
legal obligation of confidentiality and, if so,
whether that information is related to the
information the person is expected to provide
to a police officer if registered as a
reportable human source;
35
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(c) any specialist advice regarding the
registration of the person as a reportable
human source;
(d) the person's age;
(e) the person's health, including the person's
mental and physical health;
(f) the purpose for which the person is proposed
to be registered as a reportable human
source;
(g) the conditions that would be imposed on the
registration;
(h) the length of time for which the person is
proposed to be registered as a reportable
human source;
(i) mitigation of any risk to the safety of the
person if the person is registered as a
reportable human source;
(j) the adequacy of the risk assessment and any
other material provided in support of the
application;
(k) any rewards that are proposed to be given to
the person if registered as a reportable
human source;
(l) if the person is a child--
(i) whether registration as a reportable
human source is in the best interests of
the child; and
(ii) any expected impact of registration on
the child's wellbeing; and
(m) any submissions made to the court by the
Public Interest Monitor.
36
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(3) An order must specify--
(a) whether the information that is proposed to
be obtained, or obtained and disseminated, is
likely to be subject to client legal privilege or
an exception to client legal privilege of a
kind that permits its disclosure to law
enforcement officers; and
(b) the purpose for which the Chief
Commissioner may register the person as a
reportable human source; and
(c) the date of making of the order; and
(d) the maximum period for which the
registration of the person in respect of whom
the application is made may be in effect,
being a period that is not longer than 7 days;
and
(e) any conditions to which the order is subject.
(4) An order must not--
(a) authorise the registration of a person as a
reportable human source for the purpose of
tasking the person; or
(b) be varied, extended or renewed.
(5) If an order is not made in writing, the court must
provide the police officer with a copy of the order
as soon as it is practicable to do so.
(6) An application under this section must not be
heard in open court.
30C Chief Commissioner may register a person as a
reportable human source following court order
(1) The Chief Commissioner may register a person as
a reportable human source if the Supreme Court
makes an order under section 30B authorising the
Chief Commissioner to register the person.
37
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(2) Before registering the person, the Chief
Commissioner must ensure that the person has
given informed consent to the registration and that
the Chief Commissioner has a record of that
person's informed consent, as required by
section 20.
Division 4--Registration of a person as a
non-reportable human source
31 Application to register a person as a non-reportable
human source
(1) A police officer may apply to the Chief
Commissioner to register as a non-reportable
human source a person who--
(a) is not a child; and
(b) is not reasonably expected to have access
to--
(i) privileged information; or
(ii) privileged information in respect of
which there is an exception to the
privilege; and
(c) does not have a serious medical or mental
health condition.
(2) The application must--
(a) be in writing; and
(b) be signed by the applicant police officer; and
(c) include the following information--
(i) the name of the applicant police officer;
(ii) the name of the person who is to be
registered as a non-reportable human
source;
(iii) the reason for the application;
38
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(iv) sufficient information to enable the
Chief Commissioner to determine
whether to register the person as a
non-reportable human source.
Note
See section 9 of the Electronic Transactions (Victoria)
Act 2000 in relation to signature.
32 Chief Commissioner may request additional
information to determine an application
For the purposes of determining an application to
register a person as a non-reportable human
source, the Chief Commissioner may require the
applicant police officer to provide any additional
information that is relevant to the decision to
register the person as a non-reportable human
source.
33 Chief Commissioner may register a person as a
non-reportable human source
(1) Subject to this section and section 20, the Chief
Commissioner may register a person as a
non-reportable human source if satisfied that--
(a) the use of the person as a human source--
(i) is necessary to achieve a legitimate law
enforcement objective; and
(ii) is proportionate to that objective; and
(b) the risks associated with the person's
registration as a human source have been
identified and can be adequately managed;
and
(c) the registration of the person as a
non-reportable human source is otherwise
appropriate and justified.
39
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(2) In determining whether to register a person as a
non-reportable human source, the Chief
Commissioner must have regard to the
following--
(a) the seriousness of the offence and the
imminence of any threat to which the
person's information or assistance relates;
(b) the likelihood of investigators being able to
obtain the information or assistance through
other investigatory or intelligence methods;
(c) whether the person is reasonably expected to
have access to information that is subject to a
legal obligation of confidentiality and, if so,
whether that information is related to the
information the person is expected to provide
to Victoria Police if registered as a
non-reportable human source;
(d) any legal advice or other specialist advice
regarding the registration of the person as a
non-reportable human source;
(e) the person's age;
(f) the person's health, including the person's
mental and physical health;
(g) the purpose for which the person is proposed
to be registered as a non-reportable human
source;
(h) the conditions that would be imposed on the
registration under section 34;
(i) the length of time for which the person is
proposed to be registered as a non-reportable
human source;
(j) mitigation of any risk to the safety of the
person if the person is registered as a
non-reportable human source;
40
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(k) the adequacy of the risk assessment and any
other material provided in support of the
registration application;
(l) any rewards that are proposed to be given to
the person if registered as a non-reportable
human source.
Note
See also section 38 of the Charter of Human Rights and
Responsibilities Act 2006.
34 Chief Commissioner may impose conditions on the
registration of a non-reportable human source
The Chief Commissioner may impose any
conditions on the registration of a non-reportable
human source that the Chief Commissioner
considers necessary.
35 Chief Commissioner must determine registration
period for a non-reportable human source
(1) If the Chief Commissioner registers a person as a
non-reportable human source, the Chief
Commissioner must determine the period
(not exceeding 12 months) for which the
registration is to be in effect.
(2) The Chief Commissioner must also determine the
intervals at which the registration is to be
reviewed, being at least once every 3 months.
36 Notification of registration
(1) Subject to subsection (2), if the Chief
Commissioner registers a person as a
non-reportable human source, the Chief
Commissioner must immediately notify the
applicant police officer in writing of the
registration.
41
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(2) If the delay caused by giving the written
notification may prejudice the purpose for which
the registration is made, the Chief Commissioner
may orally notify the applicant police officer of
the registration.
(3) As soon as practicable after giving an oral
notification under subsection (2), the Chief
Commissioner must record the registration in
writing.
37 Particulars to be recorded in a notice or record of
registration
(1) A notice or a record of the registration required by
section 36 must be signed by the Chief
Commissioner and must include the following
information--
(a) the name of the non-reportable human
source;
(b) the date of registration;
(c) the purposes for which the non-reportable
human source has been registered,
including--
(i) the law enforcement objective for
which the human source is to be used;
and
(ii) how the use of the human source is
proportionate to that objective;
(d) any conditions imposed on the registration;
(e) the period of the registration;
(f) the reasons for the registration decision,
including the matters had regard to under
section 33;
(g) any other information that the Chief
Commissioner considers relevant to the
registration.
42
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(2) A record of the registration decision must also
explain why the delay caused by giving the
written notification may prejudice the purpose for
which the registration is made.
Division 5--Review of registrations of human
sources other than emergency registrations
38 Chief Commissioner to review the registration of a
human source
(1) The Chief Commissioner must review the
registration of a human source (other than an
emergency registration or a registration under
section 30C)--
(a) in the case of a reportable human source, at
the intervals determined under section 29 or
at the previous registration review (as the
case requires); or
(b) in the case of a non-reportable human
source, at the intervals determined under
section 35 or at the previous registration
review (as the case requires).
(2) In addition to subsection (1), the Chief
Commissioner may review the registration of a
human source (other than an emergency
registration or a registration under section 30C) at
any time as the Chief Commissioner thinks fit.
(3) In conducting a registration review, the Chief
Commissioner must consider whether--
(a) the use of the person as a human source
continues to be--
(i) necessary to achieve a legitimate law
enforcement objective; and
(ii) proportionate to that objective; and
43
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) the risks associated with the person's
registration as a human source have been
identified and can be adequately managed,
whether or not those risks were identified at
the time or registration; and
(c) the registration of the person as a human
source continues to be appropriate and
justified.
(4) In considering the continued registration of a
human source under subsection (3), the Chief
Commissioner may have regard to any or all of
the following--
(a) the seriousness of the offence and the
imminence of any threat to which the
information or assistance relates;
(b) the likelihood of investigators being able to
obtain the information or assistance through
other investigatory or intelligence methods;
(c) any legal advice or other specialist advice
regarding the registration of the human
source;
(d) the specific purpose for which the human
source is registered;
(e) the conditions imposed on the registration
under section 28 or 34 (as the case requires);
(f) the registration period;
(g) mitigation of any risk to the safety of the
human source;
(h) the adequacy of the risk assessment and any
other material provided in support of the
registration application;
44
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(i) any rewards given to the human source.
Note
See also section 38 of the Charter of Human Rights and
Responsibilities Act 2006.
39 Actions on completion of a registration review
(1) After completing a registration review the Chief
Commissioner may do any of the following--
(a) remove or vary conditions on the registration
or impose new conditions on the registration;
(b) subject to the restrictions in sections 29(1)
and 35(1), change the registration period;
(c) determine the intervals at which future
registration reviews are to be conducted,
being--
(i) in the case of a reportable human
source, at least every month; and
(ii) in the case of a non-reportable human
source, at least every 3 months;
(d) in the case of a non-reportable human
source, change the purpose for which the
non-reportable human source has been
registered;
(e) in any case, deactivate the registration of the
human source in accordance with section 46,
47 or 48.
(2) The Chief Commissioner must record in writing--
(a) the outcome of the registration review; and
(b) any factors specified in section 38 that were
considered in the review; and
(c) the intervals at which any future registration
reviews must be conducted.
45
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
Division 6--Application for emergency registration
of a human source
40 Application for emergency registration
(1) A police officer may apply to the Chief
Commissioner for emergency registration of a
person as a human source if satisfied that--
(a) there is a serious and imminent threat to--
(i) national security; or
(ii) the community; or
(iii) the life and welfare of any person; and
(b) the information or assistance that the person
is expected to provide if registered as a
human source cannot be obtained through
any other reasonable means.
(1A) A police officer must not apply to the Chief
Commissioner for emergency registration of a
person as a human source a person who is
reasonably expected to have access to information
that is subject to client legal privilege or
information in respect of which there is an
exception to client legal privilege, for the purpose
of obtaining, or obtaining and disseminating,
information of that kind.
(2) An emergency registration application may be
made orally or in writing, by any means of
communication.
(3) If the emergency registration application is not
made in writing, the applicant police officer must
record the application in writing as soon as
reasonably practicable after the application is
made.
46
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
41 Chief Commissioner to decide application for
emergency registration
(1) Subject to section 20 and subsection (2), the Chief
Commissioner may register a person as a human
source on an emergency registration application if
satisfied that--
(a) there is a serious and imminent threat to--
(i) national security; or
(ii) the community; or
(iii) the life and welfare of any person; and
(b) the information or assistance that the person
is expected to provide if registered as a
human source cannot be obtained through
any other reasonable means; and
(c) the use of the person as a human source--
(i) is necessary to achieve a legitimate law
enforcement objective; and
(ii) is proportionate to that objective; and
(d) the emergency registration of the person as a
human source is otherwise appropriate and
justified.
(1A) The Chief Commissioner must not register a
person as a human source on an emergency
registration application if--
(a) the person is reasonably expected to have
access to--
(i) information that is subject to client
legal privilege; or
(ii) information in respect of which there is
an exception to client legal privilege;
and
47
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) the purpose of the registration is for a police
officer to obtain, or to obtain and
disseminate, information that is subject to
client legal privilege or information in
respect of which there is an exception to
client legal privilege.
(2) The Chief Commissioner must not register the
person as a human source on an emergency
registration application unless the Chief
Commissioner has considered the risks associated
with the person's emergency registration as a
human source.
(3) The Chief Commissioner must immediately notify
the applicant police officer of the emergency
registration of a person as a human source orally,
or in writing or by telephone, fax, email or any
other means of communication.
42 Record of emergency registration decision
(1) As soon as reasonably practicable after notifying
the applicant police officer of the emergency
registration of a person as a human source, the
Chief Commissioner must record the registration
in writing.
(2) The record of registration must be signed by the
Chief Commissioner and must include the
following information--
(a) the name of the human source;
(b) the date of registration;
(c) the purposes for which the human source has
been registered;
(d) any conditions imposed on the emergency
registration;
48
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(e) the reasons for the emergency registration
decision, including--
(i) the serious and imminent threat to
national security, or the community or
the life and welfare of any person; and
(ii) why the information or assistance that
the human source was registered to
provide cannot be obtained through any
other reasonable means;
(f) any other information that the Chief
Commissioner considers relevant to the
emergency registration.
43 Chief Commissioner to assess whether human
source registered on an emergency registration
application is a reportable human source
As soon as reasonably practicable but within
2 business days after the making of an emergency
registration, the Chief Commissioner must record
the human source as--
(a) a reportable human source, if--
(i) the human source is a child; or
(ii) the human source is reasonably
expected to have access to--
(A) privileged information; or
(B) privileged information in respect
of which there is an exception to
the privilege; or
(iii) the human source has a serious medical
or mental health condition; or
(iv) the Chief Commissioner otherwise
believes it is appropriate to record the
human source as a reportable human
source; or
49
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(b) in any other case, a non-reportable human
source.
Note
The Chief Commissioner must notify the Public Interest Monitor
as soon as practicable if the human source is recorded as a
reportable human source: see section 56.
44 Conditions on emergency registration
(1) The Chief Commissioner may impose any
conditions on the emergency registration of a
person as a human source that the Chief
Commissioner considers necessary.
(2) The Chief Commissioner may at any time, as the
Chief Commissioner thinks fit, do any of the
following--
(a) impose new conditions on an emergency
registration;
(b) vary the conditions imposed on an
emergency registration;
(c) remove conditions imposed on an emergency
registration.
Division 7--Re-registration of a person as a
human source
45 Re-registration of a person as a human source
(1) A person may be registered as a human source
under this Part any number of times.
(2) A police officer may make a further registration
application in respect of a person registered as a
human source at any time before the expiry of--
(a) the registration period determined under
section 29 or 35; or
(b) if another registration period has been
determined under section 39 on a registration
review, that period.
50
Human Source Management Act 2023
No. of 2023
Part 3--Registration, use and management of human sources
(3) The Chief Commissioner must deactivate the
registration of a human source at the expiry of the
registration period referred to in subsection (2)
unless a police officer has earlier commenced a
further registration application under this Part.
(4) Despite subsection (3), in the case of a registration
under section 30C that is the subject of a further
application to the Supreme Court under
section 30A, the Chief Commissioner must
suspend the registration of the human source at
the expiry of the registration period determined
under section 29(1) until the further application
has been determined by the court.
51
Human Source Management Act 2023
No. of 2023
Part 4--Deactivation and suspension of registration
Part 4--Deactivation and suspension of
registration
46 General power of Chief Commissioner to deactivate
registration of a human source
(1) The Chief Commissioner may deactivate the
registration of a human source at any time, for any
reason the Chief Commissioner thinks fit.
(2) Without limiting subsection (1), the Chief
Commissioner must deactivate the registration of
a human source if--
(a) the Chief Commissioner is no longer
satisfied that the registration of the human
source--
(i) is necessary to achieve a legitimate law
enforcement objective; or
(ii) is proportionate to that objective; or
(b) the Chief Commissioner is no longer
satisfied that the risks associated with the
person's registration as a human source have
been identified and can be adequately
managed; or
(c) the Chief Commissioner is no longer
satisfied that the registration of the human
source is otherwise appropriate and justified;
or
(d) the human source withdraws consent to the
registration.
47 Deactivation or suspension--human source who
provides unexpected privileged information
(1) If a human source provides privileged information
(other than privileged information that the human
source was registered to provide)--
52
Human Source Management Act 2023
No. of 2023
Part 4--Deactivation and suspension of registration
(a) as far as reasonably practicable, the Chief
Commissioner must ensure that the
privileged information is immediately
quarantined; and
(b) the Chief Commissioner must
immediately--
(i) if the Chief Commissioner considers it
is still necessary to use the person as a
human source, suspend the registration
pending a further registration
application; or
(ii) otherwise, deactivate the registration of
the human source.
(2) If a human source provides privileged information
in respect of which there is an exception to the
privilege (other than information that the human
source was registered to provide)--
(a) as far as reasonably practicable, the Chief
Commissioner must ensure that the
privileged information is immediately
quarantined; and
(b) the Chief Commissioner must
immediately--
(i) if the Chief Commissioner considers it
is still necessary to use the person as a
human source, suspend the registration
pending a further registration
application; or
(ii) otherwise, deactivate the registration of
the human source.
(3) If a registration of a human source has been
suspended under subsection (1) or (2), and a
further registration application is not made within
3 months, the Chief Commissioner must
deactivate the registration.
53
Human Source Management Act 2023
No. of 2023
Part 4--Deactivation and suspension of registration
(4) This section does not apply in respect of an
emergency registration unless a human source
registered under an emergency registration has
unexpectedly provided information which is
subject to client legal privilege or information that
is subject to client legal privilege in respect of
which there is an exception to the privilege.
48 Deactivation or suspension--human source who
develops serious medical or mental health condition
(1) If, during the registration period (including any
period for which the registration was suspended),
a human source develops a serious medical or
mental health condition--
(a) as far as reasonably practicable, the Chief
Commissioner must ensure that information
provided by the human source after
developing the condition is immediately
quarantined; and
(b) the Chief Commissioner must
immediately--
(i) if the Chief Commissioner considers it
is still necessary to use the person as a
human source, suspend the registration
pending a further registration
application; or
(ii) otherwise, deactivate the registration of
the non-reportable human source.
(2) If a registration of a human source has been
suspended under subsection (1), and a further
registration application is not made within
3 months, the Chief Commissioner must
deactivate the registration.
(3) This section does not apply in respect of an
emergency registration.
54
Human Source Management Act 2023
No. of 2023
Part 4--Deactivation and suspension of registration
49 Deactivation or suspension of emergency
registration
(1) This section applies if the Chief Commissioner
has registered a person as a human source on an
emergency registration application and the Chief
Commissioner is no longer satisfied that--
(a) there is a serious and imminent threat to--
(i) national security; or
(ii) the community; or
(iii) the life and welfare of any person; or
(b) the information or assistance that the person
was registered to provide cannot be obtained
through any other reasonable means.
(2) The Chief Commissioner must ensure any
information provided by the human source (as far
as is reasonably practicable) is immediately
quarantined and--
(a) if the Chief Commissioner considers it is still
necessary to use the person as a human
source, suspend the registration pending a
further registration application; or
(b) otherwise, deactivate the emergency
registration of the human source.
50 Effect of information being quarantined
Victoria Police must not further use or
disseminate for purposes of criminal intelligence
or a criminal investigation any information that is
quarantined under this Part unless and until the
person who provided it is re-registered as a human
source under section 23, 30C, 33 or 41.
55
Human Source Management Act 2023
No. of 2023
Part 4--Deactivation and suspension of registration
51 Effect of deactivation of registration
On the deactivation of the registration of a person
as a human source, that person ceases to be a
human source.
56
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
Part 5--External oversight of human source
management
Division 1--Public Interest Monitor
52 Functions and powers of Public Interest Monitor
(1) The Public Interest Monitor has the following
functions under this Act--
(a) to inform the registration of a person as a
reportable human source under section 23
by--
(i) testing the content and sufficiency of
the information relied on by the Chief
Commissioner to make a decision on an
application to register the person as a
reportable human source; and
(ii) giving recommendations to the Chief
Commissioner as to whether the person
should be registered as a reportable
human source;
(ab) to appear at the hearing of an application
under section 30A to test the content and
sufficiency of the information relied on and
the circumstances of the application;
(b) to provide retrospective oversight of the
emergency registration of a reportable
human source by--
(i) testing the content and sufficiency of
the information relied on by the Chief
Commissioner to make the emergency
registration; and
(ii) giving recommendations to the Chief
Commissioner as to whether the
emergency registration should have
been made;
57
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(c) to give to IBAC and the Victorian
Inspectorate any information that the Public
Interest Monitor considers on reasonable
grounds is relevant to the functions of IBAC
or the Victorian Inspectorate (as the case
requires) under this Act.
(2) For the purpose of performing the Public Interest
Monitor's functions under subsection (1), the
Public Interest Monitor may--
(a) request a member of Victoria Police
personnel to do any of the following--
(i) answer the Public Interest Monitor's
questions;
(ii) produce documents to the Public
Interest Monitor;
(iii) provide information to the Public
Interest Monitor; and
(b) direct in writing a member of Victoria Police
personnel to do a thing described in
paragraph (a); and
(c) for the purpose of performing the function
under subsection (1)(ab)--
(i) make submissions to the court by
telephone or other electronic
communication; and
(ii) ask questions of any person giving
information in relation to the
application; and
(iii) make submissions to the Supreme
Court as to the appropriateness of
granting the application.
58
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(3) Within 3 days after giving a direction under
subsection (2)(b), the Public Interest Monitor must
give a copy of the direction to the Victorian
Inspectorate.
53 Public Interest Monitor to be given reasonable
assistance
(1) The Chief Commissioner must give the Public
Interest Monitor any assistance that the Public
Interest Monitor reasonably requires to enable the
Public Interest Monitor to perform functions
under this Act.
(2) The Chief Commissioner must ensure that any
other member of Victoria Police personnel gives
the Public Interest Monitor any assistance that the
Public Interest Monitor reasonably requires to
enable the Public Interest Monitor to perform
functions under this Act.
54 Chief Commissioner must notify Public Interest
Monitor of applications to register reportable
human sources
(1) The Chief Commissioner must notify the Public
Interest Monitor of any application to register a
person as a reportable human source.
(1A) The Chief Commissioner, as soon as practicable
after the making of an application under section
30A and in accordance with the regulations (if
any), must provide the Public Interest Monitor
with--
(a) a copy of the application; and
(b) a copy of any affidavit in support of the
application and of any information provided
to the court.
59
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(2) A notification under subsection (1) must be
given--
(a) in accordance with the regulations (if any);
and
(b) as soon as practicable after the registration
application is made to the Chief
Commissioner or the Supreme Court and
before the Chief Commissioner or the
Supreme Court makes a decision on the
application (as the case requires).
(3) The Chief Commissioner must give the Public
Interest Monitor all information that is relevant to
the registration application, including any
information of which the Chief Commissioner is
aware that is adverse to the person being
registered as a reportable human source.
(4) The Chief Commissioner must ensure that a
member of Victoria Police personnel--
(a) on the request of the Public Interest Monitor,
gives to the Public Interest Monitor all
documents and information; and
(b) answers any question of the Public Interest
Monitor--
that is relevant to the registration application.
55 Public Interest Monitor recommendations on
applications to register reportable human sources
(1) In giving a recommendation to the Chief
Commissioner about whether a person should be
registered as a reportable human source under
section 23, the Public Interest Monitor must have
regard to the criteria for registration in section
23(1) and (2).
60
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(2) Within a reasonable time after receiving a
recommendation described in subsection (1), the
Chief Commissioner must notify the Public
Interest Monitor that the recommendation is--
(a) accepted; or
(b) not accepted.
Note
The Chief Commissioner must have regard to any
recommendations of the Public Interest Monitor before
registering a person as a reportable human source under
section 23: see section 24.
(3) A notification under subsection (2)(a) must
include details of any actions that have been taken
or will be taken to implement the
recommendation.
(4) A notification under subsection (2)(b) must state
the reason for not accepting the recommendation.
56 Chief Commissioner must notify Public Interest
Monitor of emergency registration of reportable
human sources
As soon as practicable but within 2 business days
after recording a human source as a reportable
human source under section 43(a), the Chief
Commissioner must give the Public Interest
Monitor--
(a) all information relevant to the emergency
registration decision; and
(b) a report explaining--
(i) the serious and imminent threat to
national security, the community or the
life and welfare of any person; and
61
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(ii) why the information or assistance that
the human source was registered to
provide cannot be obtained through any
other reasonable means.
57 Public Interest Monitor recommendations on
emergency registrations
(1) The Public Interest Monitor must give any
recommendations about whether an emergency
registration should have been made to the Chief
Commissioner as soon practicable after receiving
a report under section 56.
(2) The Chief Commissioner must consider any
recommendations described in subsection (1) as
soon as practicable.
(3) Within a reasonable time after receiving a
recommendation described in subsection (1), the
Chief Commissioner must notify the Public
Interest Monitor that the recommendation is--
(a) accepted; or
(b) not accepted.
(4) A notification under subsection (3)(a) must
include details of any actions that have been taken
or will be taken to implement the
recommendation.
(5) A notification under subsection (3)(b) must state
the reason for not accepting the recommendation.
62
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
58 Referral of recommendations not accepted to Chief
Commissioner
(1) If the Public Interest Monitor is notified under
section 55(2)(b) or 57(3)(b) that a
recommendation is not accepted, the Public
Interest Monitor may refer the decision not to
accept the recommendation to the Chief
Commissioner for review.
Note
The Chief Commissioner cannot delegate a review under
this section: see section 10.
(2) On a review under this section, the Chief
Commissioner may--
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new
decision.
(3) Within a reasonable time after receiving a referral
under subsection (1), the Chief Commissioner
must notify the Public Interest Monitor of the
outcome of the review, including--
(a) if the decision was varied or set aside, any
actions that have been taken or will be taken
to implement the Public Interest Monitor's
recommendation; and
(b) if the decision was affirmed, the reason for
not accepting the Public Interest Monitor's
recommendation.
(4) This section does not apply if the decision
described in subsection (1) was made by the Chief
Commissioner personally.
63
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
59 Certain privileges abrogated
(1) If information is required, requested or directed to
be given to the Public Interest Monitor, or is
otherwise shared by the Public Interest Monitor
with IBAC, under this Division--
(a) a member of Victoria Police personnel is not
entitled to assert public interest immunity or
client legal privilege in response to that
requirement, request or direction or sharing
of information; and
(b) any immunity or privilege referred to in
paragraph (a) is abrogated to the extent of
that requirement, request or direction or
sharing of information; and
(c) any obligation on a member of Victoria
Police personnel to maintain secrecy, or any
other restriction on the disclosure of
information, imposed by or under an Act or
rule of law--
(i) is overridden; and
(ii) does not apply to information given or
directed to be given to the Public
Interest Monitor under this Division.
(2) A member of Victoria Police personnel is not
subject to any criminal, civil, administrative or
disciplinary proceeding or action only because the
member has not maintained secrecy or complied
with a restriction on the disclosure of information
in the circumstances referred to in subsection (1).
(3) This section does not apply to information,
documents or things that are subject to Cabinet
confidentiality.
64
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
60 Privilege against self-incrimination abrogated
(1) A person is not excused from giving any
information, document or answer in response to a
direction of the Public Interest Monitor under this
Division on the ground that the giving of the
information, document or answer might tend to
incriminate the person or make the person liable
to a penalty.
(2) Any information, document or answer given in
response to a direction of the Public Interest
Monitor under this Division is not admissible in
evidence against the person giving the
information, document or answer before any court
or person acting judicially, except in a
proceeding--
(a) for perjury or giving false information; or
(b) under Part 7 of the Victoria Police Act 2013
for breach of discipline.
(3) Any evidence obtained as a direct or indirect
consequence of any information, document or
answer given in response to a direction of the
Public Interest Monitor under this Division is not
admissible against the person giving the
information, document or answer in a criminal
proceeding or proceeding for the imposition of a
penalty brought against that person.
61 Public Interest Monitor must return documents to
Chief Commissioner
(1) As soon as practicable after a decision is made on
a registration application, the Public Interest
Monitor must return to the Chief Commissioner
any document relating to that application that was
given to the Public Interest Monitor under this
Division and any copies made by the Public
Interest Monitor of those documents.
65
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(2) As soon as practicable after making
recommendations about an emergency
registration, the Public Interest Monitor must
return to the Chief Commissioner any document
relating to that emergency registration that was
given to the Public Interest Monitor under this
Division and any copies made by the Public
Interest Monitor of those documents.
62 Reports
(1) The Public Interest Monitor must report to the
Attorney-General on the performance of the
Public Interest Monitor's functions under this
Act--
(a) at least once each financial year; and
(b) if requested by the Attorney-General to do
so, as soon as practicable after receiving the
request.
(2) A report under subsection (1) must be in writing
and specify or include--
(a) the number of times the Public Interest
Monitor was notified under section 54 of a
registration application; and
(b) the number of times a registration
application described in paragraph (a) was
for the purpose of obtaining or disseminating
privileged information; and
(c) the number of times the Public Interest
Monitor was notified under section 56 of the
emergency registration of a reportable
human source; and
(d) whether, in the opinion of the Public Interest
Monitor, each emergency registration
described in paragraph (c) was justified in
the circumstances; and
66
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(e) the number of occasions on which
recommendations given under this Division
to the Chief Commissioner were accepted;
and
(f) the number of occasions on which
recommendations given under this Division
to the Chief Commissioner were not
accepted; and
(g) whether, in the opinion of the Public Interest
Monitor, the reasons given by the Chief
Commissioner for not accepting a
recommendation described in paragraph (f)
were adequate; and
(ga) the number of times the Public Interest
Monitor was notified under section 54 of an
application to the Supreme Court under
section 30A; and
(h) any other relevant matter.
(3) Subject to section 63, the Public Interest Monitor
may give the Attorney-General an additional
report on any of the matters specified in
subsection (2) at any time.
(4) The Public Interest Monitor must give a copy of a
report under this section to--
(a) the Minister administering the Victoria
Police Act 2013; and
(b) the Chief Commissioner.
(5) The Public Interest Monitor must exclude
information from a report under subsection (1)
or (3) or section 19 of the Public Interest
Monitor Act 2011 if satisfied (whether on the
advice of the Chief Commissioner under
section 63 or otherwise) that the information
could--
67
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(a) prejudice a criminal investigation, criminal
proceeding or other legal proceeding; or
(b) compromise the operational activities or
methodologies of Victoria Police, a law
enforcement agency, an intelligence agency
or an integrity body; or
(c) disclose the identity, location, or otherwise
compromise the safety, of--
(i) a human source; or
(ii) a person who was formerly a human
source; or
(iii) a person in respect of whom a
registration application has at any time
been made.
63 Advance copy of reports
(1) Before the Public Interest Monitor gives a report
to the Attorney-General under section 62(1)
or (3), the Public Interest Monitor must--
(a) give an advance copy of the report to the
Chief Commissioner; and
(b) give the Chief Commissioner a reasonable
opportunity to consider whether the report
contains any information that should be
excluded from the report on any of the
grounds set out in section 62(5).
(2) The Chief Commissioner must advise the Public
Interest Monitor of any information that, in the
opinion of the Chief Commissioner, should be
excluded from the report under section 62(5).
68
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
64 Tabling and publishing of reports
(1) The Attorney-General must cause a report under
section 62 to be presented to each House of
Parliament within 14 sitting days of that House
after the report is received by the
Attorney-General.
(2) The Attorney-General must cause a copy of a
report tabled in accordance with this section to be
published on the Department's website.
Division 2--Independent Broad-based
Anti-corruption Commission
65 Functions and powers of IBAC
(1) IBAC has the following functions under this
Act--
(a) to monitor compliance by the Chief
Commissioner and other members of
Victoria Police personnel with the human
source management framework;
Note
See section 5 of the Independent Broad-based
Anti-Corruption Commission Act 2011 in relation
to the meaning of police personnel misconduct.
(b) to receive and consider reports from the
Chief Commissioner in relation to--
(i) registration applications and emergency
registrations; and
(ii) material contraventions of the human
source management framework; and
(iii) the receipt by police officers of the
following information from human
sources--
(A) privileged information;
69
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(B) privileged information in respect
of which there is an exception to
the privilege;
(c) to report findings and make
recommendations to the Chief Commissioner
on any matter arising out of Victoria Police's
management of human sources, including--
(i) compliance by the Chief Commissioner
and other members of Victoria Police
personnel with the human source
management framework; and
(ii) matters arising from reports from the
Chief Commissioner; and
(iii) matters relating to the implementation
of IBAC's recommendations;
(d) to give to the Public Interest Monitor any
information that IBAC considers on
reasonable grounds is relevant to the Public
Interest Monitor's functions under this Act;
(e) to give to the Victorian Inspectorate any
information that IBAC considers on
reasonable grounds is relevant to the
Victorian Inspectorate's functions under the
Victorian Inspectorate Act 2011.
(2) For the purpose of performing IBAC's functions
under subsection (1), IBAC may--
(a) request a member of Victoria Police
personnel to do any of the following--
(i) answer IBAC's questions;
(ii) produce documents to IBAC;
(iii) provide information to IBAC; and
(b) direct in writing a member of Victoria Police
personnel to do a thing described in
paragraph (a).
70
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(3) Within 3 days after giving a direction under
subsection (2)(b), IBAC must give a copy of the
direction to the Victorian Inspectorate.
66 IBAC to be given reasonable assistance
(1) The Chief Commissioner must give IBAC any
assistance that IBAC reasonably requires to
enable IBAC to perform functions under this Act.
(2) The Chief Commissioner must ensure that any
other member of Victoria Police personnel gives
IBAC any assistance that IBAC reasonably
requires to enable IBAC to perform functions
under this Act.
67 IBAC to inspect Victoria Police records
(1) For the purpose of monitoring compliance by
members of Victoria Police personnel with the
human source management framework, IBAC
must inspect the records of Victoria Police--
(a) in the case of emergency registrations, at
least once every 3 months; and
(b) if the applicant police officer was orally
notified of the registration decision, at least
once every 3 months; and
(c) in any other case, at least once every
12 months.
(2) IBAC, after notifying the Chief Commissioner,
may--
(a) enter at any time premises occupied by
Victoria Police; and
(b) access the records of Victoria Police relating
to the management of human sources at all
reasonable times; and
(c) inspect or copy records described in
paragraph (b).
71
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(3) IBAC may conduct further inspections in
accordance with subsection (2) for any of the
following purposes--
(a) to assess whether adequate measures to
rectify a material contravention of the human
source management framework have been
implemented;
(b) to assess whether adequate measures to
control the risks associated with the receipt
of privileged information or privileged
information in respect of which there is an
exception to the privilege have been
implemented;
(c) to monitor and assess the implementation of
IBAC's recommendations.
68 Inspection of records relating to emergency
registrations
(1) An inspection under section 67(1)(a) may consist
of IBAC inspecting the records of--
(a) all human sources registered on an
emergency registration; or
(b) a sample of human sources registered on an
emergency registration, as selected by IBAC.
(2) For the purposes of subsection (1)--
(a) IBAC must notify the Chief Commissioner
in writing of the human sources whose
records are to be inspected; and
(b) the Chief Commissioner must ensure that
IBAC has access to those records and any
other relevant information.
(3) For each human source whose records were
selected for inspection under subsection (1), IBAC
must assess whether the decisions made by the
Chief Commissioner and any other member of
72
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
Victoria Police personnel with respect to the
human source--
(a) complied with the human source
management framework; and
(b) should have been made in the circumstances.
(4) This section does not limit IBAC's powers of
entry and inspection under section 67.
69 Inspection of records relating to oral notifications
(1) An inspection under section 67(1)(b) may consist
of IBAC inspecting the records of--
(a) all human sources whose registration was
orally notified; or
(b) a sample of human sources whose
registration was orally notified, as selected
by IBAC.
(2) For the purposes of subsection (1)--
(a) IBAC must notify the Chief Commissioner
in writing of the human sources whose
records are to be inspected; and
(b) the Chief Commissioner must ensure that
IBAC has access to those records and any
other relevant information.
(3) For each human source whose records were
selected for inspection under subsection (1), IBAC
must assess whether the decisions made by the
Chief Commissioner and any other member of
Victoria Police personnel with respect to the
human source--
(a) complied with the human source
management framework; and
(b) should have been made in the circumstances.
73
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(4) In considering whether the decisions described in
subsection (3) complied with the human source
management framework, IBAC may have regard
to any of the following matters--
(a) whether the risks to the safety, welfare and
human rights of the human source were
adequately managed during the registration
period (including any period for which the
registration was suspended);
(b) whether there was an improper relationship
between the human source and a member of
Victoria Police personnel;
(c) whether the tasking of the human source was
justified by the purpose of the registration;
(d) whether any changes to the purpose of the
human source's registration were appropriate
and justified;
(e) the appropriateness of any rewards given to
the human source;
(f) any other matter IBAC considers relevant.
(5) This section does not limit IBAC's powers of
entry and inspection under section 67.
70 Inspection of records relating to human sources
generally
(1) An inspection under section 67(1)(c) may consist
of IBAC inspecting the records of a sample of
human sources selected by IBAC having regard
to--
(a) the risks associated with each category of
human source and the information provided;
and
(b) any risks and issues identified in previous
inspections; and
(c) any other matter IBAC considers relevant.
74
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(2) For the purposes of subsection (1)--
(a) IBAC must notify the Chief Commissioner
in writing of the human sources whose
records are to be inspected; and
(b) the Chief Commissioner must ensure that
IBAC has access to those records and any
other relevant information.
(3) For each human source whose records were
selected for inspection under subsection (1), IBAC
must assess whether the decisions made by the
Chief Commissioner and any other member of
Victoria Police personnel with respect to the
human source--
(a) complied with the human source
management framework; and
(b) should have been made in the circumstances.
(4) In considering whether the decisions described in
subsection (3) complied with the human source
management framework, IBAC may have regard
to any of the following matters--
(a) whether the Chief Commissioner
appropriately registered the human source as
either a reportable human source or a
non-reportable human source;
(b) whether the Public Interest Monitor's
recommendations (if any) were
implemented;
(c) whether the risks to the safety, welfare and
human rights of the human source were
adequately managed during the registration
period (including any period for which the
registration was suspended);
75
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(d) whether there was an improper relationship
between the human source and a member of
Victoria Police personnel;
(e) whether the tasking of the human source was
justified by the purpose of the registration;
(f) whether any changes to the purpose of the
human source's registration were appropriate
and justified;
(g) the appropriateness of any rewards given to
the human source;
(h) whether the receipt from the human source
of privileged information or privileged
information in respect of which there is an
exception to the privilege was appropriate
and justified;
(i) any other matter IBAC considers relevant.
(5) This section does not limit IBAC's powers of
entry and inspection under section 67.
71 Chief Commissioner to report on emergency
registrations
The Chief Commissioner must give a report to
IBAC at least once every 3 months which
specifies the following information--
(a) the number of emergency registration
applications in the reporting period;
(b) the reasons for an application for emergency
registration being refused or discontinued;
(c) the number of emergency registrations in the
reporting period and, of those--
(i) the number relating to reportable
human sources; and
(ii) the number relating to non-reportable
human sources;
76
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(d) in respect of reportable human sources
registered on an emergency registration in
the reporting period--
(i) the number who are reasonably
expected to have access to privileged
information or privileged information
in respect of which there is an
exception to the privilege; and
(ii) the number who are children; and
(iii) the number who have a serious medical
or mental health condition;
(e) for each emergency registration made in the
reporting period--
(i) whether the human source was
previously registered as a human
source; and
(ii) the registration period; and
(iii) any conditions imposed on the
emergency registration; and
(iv) any period during which the emergency
registration was suspended; and
(v) whether the emergency registration was
deactivated.
72 Chief Commissioner to report on oral registration
notifications
The Chief Commissioner must give a report to
IBAC at least once every 3 months which
specifies the following information--
(a) the number of oral registration notifications
in the reporting period;
77
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(b) for each oral registration notification made in
the reporting period--
(i) whether the human source was
previously registered as a human
source; and
(ii) the registration period; and
(iii) any conditions imposed on the
registration; and
(iv) any period during which the
registration was suspended; and
(v) whether the registration was
deactivated.
72A Chief Commissioner to report on applications to the
Supreme Court
The Chief Commissioner must give a report to
IBAC at least once every 3 months which
specifies the number of applications made under
section 30A and, of those--
(a) the number that were granted by the court;
and
(b) the number that were refused and the reasons
each was refused.
73 Chief Commissioner to report on registration
applications
The Chief Commissioner must give a report to
IBAC at least once every 12 months which
specifies the following information--
(a) the number of registration applications made
in the reporting period;
(b) the reasons for a registration application
being refused or discontinued;
78
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(c) the number of human sources registered in
the reporting period and, of those--
(i) the number who are reportable human
sources; and
(ii) the number who are non-reportable
human sources;
(d) in respect of reportable human sources
registered in the reporting period--
(i) the number who are reasonably
expected to have access to privileged
information or privileged information
in respect of which there is an
exception to the privilege; and
(ii) the number who are children; and
(iii) the number who have a serious medical
or mental health condition;
(e) for each registration made in the reporting
period--
(i) whether the human source was
previously registered as a human
source; and
(ii) the registration period; and
(iii) any conditions imposed on the
registration; and
(iv) any period during which the
registration was suspended; and
(v) whether the registration was
deactivated.
79
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
74 Chief Commissioner to report on material
contraventions and privileged information received
(1) The Chief Commissioner must give a report to
IBAC at least once every 6 months about--
(a) instances of material contraventions of the
human source management framework; and
(b) the receipt by a police officer of the
following information from human
sources--
(i) privileged information;
(ii) privileged information in respect of
which there is an exception to the
privilege.
(2) A report under subsection (1)(a) must--
(a) fully explain the circumstances of a material
contravention; and
(b) outline the steps taken or planned to be taken
to rectify a material contravention and
prevent it recurring.
(3) A report under subsection (1)(b) must--
(a) explain how the information received from
the human source has been dealt with, or will
be dealt with; and
(b) in the case of a reportable human source,
specify--
(i) any recommendations from the Public
Interest Monitor in relation to the
registration of the reportable human
source; and
(ii) the response of the Chief
Commissioner to those
recommendations; and
80
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(c) any measures implemented to control the
risks associated with the receipt of the
information.
(4) On receiving a report under subsection (1), IBAC
must--
(a) determine whether adequate measures have
been implemented to--
(i) rectify the material contravention; or
(ii) control any risks associated with the
receipt of the information referred to in
subsection (1)(b); and
(b) make any recommendations to the Chief
Commissioner that IBAC considers
appropriate.
75 IBAC recommendations to Chief Commissioner
(1) IBAC may recommend that the Chief
Commissioner take any action in relation to the
management of human sources that IBAC
considers appropriate.
(2) A recommendation under subsection (1) must be
made in private.
(3) Within 45 days after receiving a recommendation
under subsection (1), the Chief Commissioner
must notify IBAC that the recommendation is--
(a) accepted; or
(b) not accepted.
(4) The Chief Commissioner must give a report to
IBAC stating the reason for not accepting the
recommendation under subsection (3)(b).
(5) The Chief Commissioner, within a reasonable
time after accepting a recommendation under
subsection (3)(a), must take the recommended
action.
81
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
76 Certain privileges abrogated
(1) If information is required, requested or directed to
be given to IBAC, or is otherwise shared by IBAC
with the Public Interest Monitor, under this
Division--
(a) a member of Victoria Police personnel is not
entitled to assert public interest immunity or
client legal privilege in response to that
requirement, request or direction or sharing
of information; and
(b) any immunity or privilege referred to in
paragraph (a) is abrogated to the extent of
that requirement, request or direction or
sharing of information; and
(c) any obligation on a member of Victoria
Police personnel to maintain secrecy, or any
other restriction on the disclosure of
information, imposed by or under an Act or
rule of law--
(i) is overridden; and
(ii) does not apply to information given or
directed to be given to IBAC under this
Division.
(2) A member of Victoria Police personnel is not
subject to any criminal, civil, administrative or
disciplinary proceeding or action only because the
member has not maintained secrecy or complied
with a restriction on the disclosure of information
in the circumstances referred to in subsection (1).
(3) This section does not apply to information,
documents or things that are subject to Cabinet
confidentiality.
82
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
77 Privilege against self-incrimination abrogated
(1) A person is not excused from giving any
information, document or answer in response to a
direction of IBAC under this Division on the
ground that the giving of the information,
document or answer might tend to incriminate the
person or make the person liable to a penalty.
(2) Any information, document or answer given in
response to a direction of IBAC under this
Division is not admissible in evidence against the
person giving the information, document or
answer before any court or person acting
judicially, except in a proceeding--
(a) for perjury or giving false information; or
(b) under Part 7 of the Victoria Police Act 2013
for breach of discipline.
(3) Any evidence obtained as a direct or indirect
consequence of any information, document or
answer given in response to a direction of IBAC
under this Division is not admissible against the
person giving the information, document or
answer in a criminal proceeding or proceeding for
the imposition of a penalty brought against that
person.
78 IBAC must return documents to Chief
Commissioner
As soon as practicable after IBAC completes its
assessment under section 68(3), 69(3) or 70(3)
(as the case requires), IBAC must return to the
Chief Commissioner any document given to or
accessed by IBAC under this Division and any
copies made by IBAC of those documents.
83
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
79 Reports
(1) IBAC must report to the Attorney-General on the
performance of IBAC's functions under this Act
and the compliance by the Chief Commissioner
and other members of Victoria Police personnel
with the human source management framework--
(a) at least once each financial year; and
(b) if requested by the Attorney-General to do
so, as soon as practicable after receiving the
request.
(2) A report under subsection (1) must be in writing
and specify or include--
(a) the extent of compliance by the Chief
Commissioner and other members of
Victoria Police personnel with the human
source management framework, including
the appropriateness of decisions made in
relation to human sources; and
(b) the number and nature of material
contraventions reported by the Chief
Commissioner and the adequacy of any
remedial action taken by the Chief
Commissioner and other members of
Victoria Police personnel; and
(c) the extent of compliance by the Chief
Commissioner and members of Victoria
Police personnel with reporting requirements
under this Act; and
(d) the number of times IBAC was notified by
the Chief Commissioner that the following
information had been received from a human
source--
(i) privileged information;
84
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(ii) privileged information in respect of
which there is an exception to the
privilege; and
(e) any recommendations made by IBAC to the
Chief Commissioner and the Chief
Commissioner's response to and progress in
implementing those recommendations; and
(f) any other relevant matter.
(3) Subject to section 80, IBAC may give the
Attorney-General an additional report on any of
the matters specified in subsection (2) at any time.
(4) IBAC must give a copy of any report under this
section to--
(a) the Minister administering the Victoria
Police Act 2013; and
(b) the Chief Commissioner.
(5) IBAC must exclude information from a report
under subsection (1) or (3) or section 162 or 165
of the Independent Broad-based
Anti-corruption Commission Act 2011 if
satisfied (whether on the advice of the Chief
Commissioner under section 80 or otherwise) that
the information could--
(a) prejudice a criminal investigation, criminal
proceeding or other legal proceeding; or
(b) compromise the operational activities or
methodologies of Victoria Police, a law
enforcement agency, an intelligence agency
or an integrity body; or
(c) disclose the identity, location, or otherwise
compromise the safety, of--
(i) a human source; or
(ii) a person who was formerly a human
source; or
85
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(iii) a person in respect of whom a
registration application has at any time
been made.
80 Advance copy of reports
(1) Before IBAC gives a report to the
Attorney-General under section 79(1) or (3),
IBAC must--
(a) give an advance copy of the report to the
Chief Commissioner; and
(b) give the Chief Commissioner a reasonable
opportunity to consider whether the report
contains any information that should be
excluded from the report on any of the
grounds set out in section 79(5).
(2) The Chief Commissioner must advise IBAC of
any information in the report that, in the opinion
of the Chief Commissioner, should be excluded
from the report under section 79(5).
81 Tabling and publishing of reports
(1) The Attorney-General must cause a report under
section 79 to be presented to each House of
Parliament within 14 sitting days of that House
after the report is received by the
Attorney-General.
(2) The Attorney-General must cause a copy of a
report tabled in accordance with this section to be
published on the Department's website.
Division 3--Victorian Inspectorate
82 Functions and powers of Victorian Inspectorate
(1) The Victorian Inspectorate has the following
functions under this Act--
(a) to monitor the Public Interest Monitor's
exercise of power under section 52(2)(b);
86
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(b) to make recommendations to the Public
Interest Monitor in relation to any action that
the Victorian Inspectorate considers should
be taken with respect to the Public Interest
Monitor's exercise of power under section
52(2)(b).
Note
The Victorian Inspectorate has functions and powers to
monitor IBAC and make recommendations under the
Victorian Inspectorate Act 2011.
(2) For the purpose of performing the functions
described in subsection (1), the Victorian
Inspectorate--
(a) is entitled to have full and free access to all
relevant records of the Public Interest
Monitor; and
(b) despite any other law, is entitled to make
copies of, and to take extracts from, relevant
records of the Public Interest Monitor; and
(c) may require the Public Interest Monitor to
give the Victorian Inspectorate any
information in the possession or control of
the Public Interest Monitor that the Victorian
Inspectorate considers on reasonable grounds
is relevant to the performance of those
functions; and
(d) may require in writing the Public Interest
Monitor to attend at the office of the
Victorian Inspectorate for the purpose of
giving to the Victorian Inspectorate any
information or document required by the
Victorian Inspectorate which the Victorian
Inspectorate considers on reasonable grounds
is relevant to the performance of those
functions.
87
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(3) A requirement under subsection (2)(d) may
specify that the attendance that is required is to be
by means of audio visual link or audio link and in
a specified manner.
(4) A requirement under subsection (2)(d) that
provides for attendance as described in
subsection (3)--
(a) need not specify a place for attendance; and
(b) may specify, if any documents are to be
produced, that those documents are to be
produced by secure electronic means and in a
specified manner.
(5) The powers in this section are in addition to any
other powers the Victorian Inspectorate has under
the Victorian Inspectorate Act 2011 or any other
Act or law.
83 Victorian Inspectorate to be given reasonable
assistance
The Public Interest Monitor must give the
Victorian Inspectorate any assistance that the
Victorian Inspectorate reasonably requires to
enable the Victorian Inspectorate to perform
functions under this Division.
84 Victorian Inspectorate recommendations to Public
Interest Monitor
(1) The Victorian Inspectorate may at any time make
recommendations to the Public Interest Monitor in
relation to any action that the Victorian
Inspectorate considers should be taken with
respect to the Public Interest Monitor's exercise of
a power under section 52(2)(b).
88
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(2) Without limiting subsection (1), the Victorian
Inspectorate may recommend taking action--
(a) to prevent specified conduct from continuing
or occurring in the future; and
(b) to remedy any harm or loss arising from the
conduct of the Public Interest Monitor.
(3) A recommendation to the Public Interest Monitor
which is not contained in a report referred to in
section 86(1) must be made in private.
(4) Subsection (3) does not limit the power of the
Victorian Inspectorate to make a public
recommendation if the Victorian Inspectorate
considers that the Public Interest Monitor has
failed to take appropriate action in relation to the
recommendation.
(5) The Victorian Inspectorate may require the Public
Interest Monitor to give a report to the Victorian
Inspectorate, within a reasonable specified time,
stating--
(a) whether or not the Public Interest Monitor
has taken, or intends to take, action
recommended by the Victorian Inspectorate;
and
(b) if the Public Interest Monitor has not taken
the recommended action, or does not intend
to take the recommended action, the reason
for not taking or intending to take the action.
(6) The Public Interest Monitor must comply with a
requirement of the Victorian Inspectorate under
subsection (5).
Note
Corresponding requirements for IBAC are set out in Part 7 of the
Victorian Inspectorate Act 2011.
89
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
85 Victorian Inspectorate must return documents to
Public Interest Monitor
As soon as practicable after making a
recommendation in relation to, or otherwise
concluding monitoring of, the Public Interest
Monitor's exercise of power under
section 52(2)(b), the Victorian Inspectorate must
return to the Public Interest Monitor any
document given to the Victorian Inspectorate
under this Division and any copies made by the
Victorian Inspectorate of those documents.
86 Annual report
(1) The Victorian Inspectorate in its annual report for
a financial year under Part 7 of the Financial
Management Act 1994 must include details of
the extent to which action recommended by the
Victorian Inspectorate under this Act to be taken
by the Public Interest Monitor has been taken.
(2) The Victorian Inspectorate must exclude
information from a report referred to in subsection
(1) if satisfied that the information could--
(a) prejudice a criminal investigation, criminal
proceeding or other legal proceeding; or
(b) compromise the operational activities or
methodologies of Victoria Police, a law
enforcement agency, an intelligence agency
or an integrity body; or
(c) disclose the identity, location, or otherwise
compromise the safety, of--
(i) a human source; or
(ii) a person who was formerly a human
source; or
90
Human Source Management Act 2023
No. of 2023
Part 5--External oversight of human source management
(iii) a person in respect of whom a
registration application has at any time
been made.
Note
Corresponding requirements for IBAC are set out in section 91 of
the Victorian Inspectorate Act 2011.
91
Human Source Management Act 2023
No. of 2023
Part 6--Offences
Part 6--Offences
87 Unauthorised disclosure of human source
information
(1) A person commits an offence if--
(a) the person intentionally or recklessly
discloses information (whether in or outside
Victoria); and
(b) the person knows or is reckless as to whether
that information identifies or is likely to
identify any other person--
(i) as being or as having previously been a
human source; or
(ii) as a person in respect of whom a
registration application has been made;
and
(c) the person knows the disclosure is not a
permitted disclosure or is reckless as to
whether it is a permitted disclosure.
(2) A person who commits an offence against
subsection (1) is liable to level 7 imprisonment
(2 years maximum).
88 Aggravated unauthorised disclosure of human
source information--intent to endanger health or
safety
(1) A person commits an offence if--
(a) the person intentionally or recklessly
discloses information (whether in or outside
Victoria); and
(b) the person knows or is reckless as to whether
that information identifies or is likely to
identify any other person--
(i) as being or as having previously been a
human source; or
92
Human Source Management Act 2023
No. of 2023
Part 6--Offences
(ii) as a person in respect of whom a
registration application has been made;
and
(c) the person knows the disclosure is not a
permitted disclosure or is reckless as to
whether it is a permitted disclosure; and
(d) the person discloses the information
intending to endanger the health or safety of
any person.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
89 Aggravated unauthorised disclosure of human
source information--prejudice
(1) A person commits an offence if--
(a) the person intentionally or recklessly
discloses information (whether in or outside
Victoria); and
(b) the person knows or is reckless as to whether
that information identifies or is likely to
identify any other person--
(i) as being or as having previously been a
human source; or
(ii) as a person in respect of whom a
registration application has been made;
and
(c) the person knows the disclosure is not a
permitted disclosure or is reckless as to
whether it is a permitted disclosure; and
(d) the person discloses the information
intending to prejudice--
(i) the effective conduct of a criminal
investigation or the gathering of
criminal intelligence; or
93
Human Source Management Act 2023
No. of 2023
Part 6--Offences
(ii) the conduct of a prosecution.
(2) A person who commits an offence against
subsection (1) is liable to level 5 imprisonment
(10 years maximum).
94
Human Source Management Act 2023
No. of 2023
Part 7--General
Part 7--General
Division 1--Regulations
90 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) the requirements for transmission, disposal
and storage of documents or information that
the Public Interest Monitor, IBAC, the
Victorian Inspectorate or a member of
Victoria Police personnel receives in
performing functions under this Act; and
(b) the notifications required to be given to the
Public Interest Monitor, IBAC or the
Victorian Inspectorate under this Act; and
(c) the disclosure of information about human
sources to a person or body or in specified
circumstances; and
(d) anything required or permitted by this Act to
be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time, place
or circumstance; and
(c) confer a discretionary authority or impose a
duty on a specified person or a specified
class of person; and
(d) provide for the exemption of persons or
things or a class of persons or things from
any of the regulations made under this
section.
95
Human Source Management Act 2023
No. of 2023
Part 7--General
Division 2--Transitional provisions
91 Pre-existing arrangements
(1) If immediately before the commencement day a
police officer was obtaining information from a
person, tasking a person or using or disseminating
information obtained from a person in
circumstances that amount to human source
activity, then--
(a) the person is not required to be registered as
a human source under Part 3 until--
(i) if the person is to be registered as a
reportable human source, the day that is
6 months after the commencement day
(beginning with the commencement
day); or
(ii) if the person is to be registered as a
non-reportable human source, the day
that is the first anniversary of the
commencement day; and
(b) until the relevant day specified in
paragraph (a)(i) or (ii), a police officer is not
prohibited from engaging the person in
human source activity only because the
person is not registered as a human source
under Part 3.
(2) In this section, commencement day means the day
on which Part 3 commences.
92 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
nature, arising as a result of the enactment of this
Act, including the amendments made by this Act.
96
Human Source Management Act 2023
No. of 2023
Part 7--General
(2) The regulations may--
(a) have a retrospective effect to a day on or
from the day on which this Act received the
Royal Assent; and
(b) be of limited or general application; and
(c) differ according to differences in time, place
or circumstance; and
(d) leave any matter or thing to be decided by a
specified person or class of person; and
(e) provide for the exemption of persons or
things or a class of persons or things from
any of the regulations made under this
section.
(3) Regulations under this section have effect despite
anything to the contrary--
(a) in any Act (other than this Act or the
Charter of Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
anniversary of the day on which it comes into
operation.
97
Human Source Management Act 2023
No. of 2023
Part 8--Consequential amendment of Victoria Police Act 2013
Part 8--Consequential amendment of
Victoria Police Act 2013
93 Delegation by Chief Commissioner
In section 19(1) of the Victoria Police Act 2013,
after "other Act" insert "(other than the Human
Source Management Act 2023)".
94 Repeal of this Part
This Part is repealed on 30 September 2025.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
98
Human Source Management Act 2023
No. of 2023
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 provide
for the registration, use and management of human sources by Victoria
Police, to provide for the external oversight of the use of human sources,
to consequentially amend the Victoria Police Act 2013 and for other
purposes."
By Authority. Government Printer for the State of Victoria.
99
[Index] [Search] [Download] [Related Items] [Help]