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Justice Legislation Amendment (Police and Other Matters) Bill 2023

 Justice Legislation Amendment (Police and Other
                  Matters) Act 2024
                            No.           of 2024


                     TABLE OF PROVISIONS
Clause                                                               Page

Part 1--Preliminary                                                      1
 1       Purposes                                                       1
 2       Commencement                                                   3
Part 2--Amendment of Child Employment Act 2003                           4
 3       Definitions                                                    4
 4       Exemptions from WWC check                                      4
Part 3--Amendment of Fire Rescue Victoria Act 1958                       6
 5       Definitions                                                    6
 6       Minister may direct Country Fire Authority to give an
         allocation statement                                           6
 7       New section 105A inserted                                      7
 8       Statute law revision                                           9
Part 4--Amendment of Firearms Act 1996                                  10
 9       Chief Commissioner may allow a person to continue to be
         licensed or renew firearms licence following temporary or
         permanent declaration                                         10
 10      Requirement to keep register of transactions                  10
 11      Persons from whom a dealer can acquire firearms               10
 12      Persons to whom a dealer can dispose of firearms              11
 13      Powers of entry and inspection                                11
 14      Schedule 2--Special conditions for licences under Part 2       11
Part 5--Amendment of Road Safety Act 1986                               12
 15      Use of vehicle immobilising devices                           12
Part 6--Amendment of Terrorism (Community Protection)
Act 2003                                                               14
Division 1--Appointment of acting CVE MAP members                       14
 16      New sections 22AYA and 22AYB inserted                         14




                                      i
Clause                                                                    Page

Division 2--Appointment of representative for meeting of CVE
MAP                                                                         15
 17      New section 22BDA inserted                                         15
 18      Authorised disclosers and access to information                    18
Division 3--Central contacts                                                 18
 19      Authorised disclosers and access to information                    18
 20      Authorised discloser may require information from another
         authorised discloser                                               18
 21      Authorised discloser may disclose without request                  19
 22      Authorised discloser may disclose other than for an authorised
         purpose                                                            19
 23      Member of CVE MAP may require information from
         providers of previous services and programs                        20
 24      New Subdivision 2A of Division 6 of Part 4A inserted               20
 25      Heading to new Subdivision 2B of Division 6 of Part 4A
         inserted                                                           23
Division 4--Secretary's delegate for support and engagement
orders                                                                      24
 26      Authorised disclosers and access to information                    24
Division 5--Term of appointment of CVE MAP members                           24
 27      Term of appointment                                                24
Division 6--Resolutions of the CVE MAP                                       24
 28      Section 22BA substituted                                           24
 29      Meetings of CVE MAP                                                25
 30      Person who is to preside at meetings of the CVE MAP                25
 31      New section 22BCA inserted                                         25
 32      Section 22BD substituted                                           26
Division 7--Giving evidence in court                                         27
 33      Section 22CP amended                                               27
 34      Court may hold review hearing on receiving report                  28
 35      Section 22DD amended                                               28
 36      Section 22DM amended                                               29
 37      Section 22DU amended                                               29
 38      Relevant persons and authorised purposes                           30
Division 8--Technical amendments                                             30
 39      New section 22EHA inserted                                         30
 40      References to disclosing information                               31
 41      Statute law revisions                                              32




                                      ii
Clause                                                             Page

Part 7--Amendment of Victoria Police Act 2013                         34
Division 1--Code of conduct                                           34
 42       Definitions                                                34
 43       Heading to Division 4 of Part 4 amended                    34
 44       New sections 61A and 61B inserted                          34
 45       Breaches of discipline                                     35
Division 2--Other amendments                                          35
 46  New section 130A inserted                                       35
 47  Determination of the inquiry                                    36
 48  New section 132A inserted                                       36
 49  Enforcement of the determination                                38
 50  Adjournment of charge                                           38
 51  Charge found proven against officer                             39
 52  New sections 136A to 136C inserted                              39
 53  Restorative engagement process                                  42
 54  New sections 174PA and 174PB inserted                           42
 55  Repeal of this Part                                             44
 56  Unauthorised access to, use of or disclosure of police
     information by members or former members of Victoria Police
     personnel--summary offence                                       44
 57  Unauthorised access to, use of or disclosure of police
     information by members or former members of Victoria Police
     personnel--indictable offence                                    44
 57A Other authorised access to, use of or disclosure of police
     information                                                     44
 58  Transitional provision--repeal of restorative engagement and
     redress scheme for current and former members of Victoria
     Police personnel                                                45
 59  New section 290 inserted                                        45
Part 8--Amendment of Victorian Civil and Administrative
Tribunal Act 1998                                                    47
 60       More appropriate forum                                     47
Part 9--Amendment of Worker Screening Act 2020                        48
 61       Definitions                                                48
 62       New section 114A inserted                                  48
Part 10--Repeal of this Act                                           50
 63       Repeal of this Act                                         50
                               ═════════════
Endnotes                                                             51
 1       General information                                         51



                                      iii
 Justice Legislation Amendment (Police
      and Other Matters) Act 2024 
                    No.          of 2024

                           [Assented to                    ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The purposes of this Act are--
              (a) to amend the Child Employment Act 2003
                  in relation to exemptions from a WWC
                  check; and




                             1
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
                      Part 1--Preliminary


             (b) to amend the Fire Rescue Victoria Act 1958
                 to further provide for the allocation of certain
                 property, rights, liabilities and obligations of
                 the Country Fire Authority to Fire Rescue
                 Victoria; and
             (c) to amend the Firearms Act 1996 in relation
                 to--
                   (i) the surrender of firearms to licensed
                       firearms dealers; and
                   (ii) special conditions for longarm licences;
                        and
             (d) to amend the Road Safety Act 1986 to
                 further provide for the use of vehicle
                 immobilising devices; and
             (e) to amend the Terrorism (Community
                 Protection) Act 2003 to further provide--
                   (i) for the procedures and operation of the
                       Countering Violent Extremism
                       Multi-Agency Panel; and
                   (ii) for the powers of the courts and the
                        Secretary's delegates in relation to
                        support and engagement orders; and
             (f) to amend the Victoria Police Act 2013 in
                 relation to--
                   (i) the code of conduct for members of
                       Victoria Police personnel; and
                   (ii) medical assessments of fitness to
                        participate in inquiries relating to an
                        alleged breach of discipline; and
                  (iii) conditions that may be imposed on a
                        police officer or protective services
                        officer for a breach of discipline or an
                        offence punishable by imprisonment;
                        and


                               2
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
                      Part 1--Preliminary


                  (iv) the restorative engagement and redress
                       scheme for current and former
                       members of Victoria Police personnel;
                       and
                   (v) access to, use of and disclosure of
                       police information; and
             (g) to amend the Victorian Civil and
                 Administrative Tribunal Act 1998 in
                 relation to federal subject matter; and
             (h) to amend the Worker Screening Act 2020
                 in relation to exemptions from a WWC
                 check; and
             (i) to make other minor and technical
                 amendments to those Acts.
  2 Commencement
       (1) This Act (except Part 5, Division 1 of Part 7 and
           section 14) comes into operation on the day after
           the day on which it receives the Royal Assent.
       (2) Subject to subsection (3), Part 5, Division 1 of
           Part 7 and section 14 come into operation on a day
           or days to be proclaimed.
       (3) If a provision of this Act does not come into
           operation before 13 November 2024, it comes into
           operation on that day.




                               3
 Justice Legislation Amendment (Police and Other Matters) Act 2024
                         No.      of 2024
        Part 2--Amendment of Child Employment Act 2003



Part 2--Amendment of Child Employment
             Act 2003
   3 Definitions
            In section 3 of the Child Employment Act 2003
            insert the following definitions--
            "police custody officer has the same meaning as
                 in the Victoria Police Act 2013;
            police custody officer supervisor has the same
                 meaning as in the Victoria Police
                 Act 2013;".
   4 Exemptions from WWC check
        (1) After section 19B(1)(c) of the Child
            Employment Act 2003 insert--
         "(caa) a person who is a police custody officer
                supervisor or a police custody officer
                (other than a person whose authorisation to
                act as a police custody officer supervisor or a
                police custody officer has been suspended
                under the Victoria Police Act 2013);".
        (2) After section 19B(4) of the Child Employment
            Act 2003 insert--
          "(4A) A person referred to in subsection (1)(caa)
                who supervises a child in employment (other
                than as a police custody officer supervisor or
                a police custody officer) and who relies on
                an exemption under subsection (1)(caa) in
                respect of that supervision must notify any
                person by whom they are employed in that
                supervision in writing of the suspension or
                revocation of their authorisation to act as a
                police custody officer supervisor or a police
                custody officer under the Victoria Police




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Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
       Part 2--Amendment of Child Employment Act 2003


                 Act 2013 within 7 days after receiving notice
                 of the suspension or revocation.
                 Penalty: 60 penalty units.".




                               5
 Justice Legislation Amendment (Police and Other Matters) Act 2024
                         No.      of 2024
       Part 3--Amendment of Fire Rescue Victoria Act 1958



Part 3--Amendment of Fire Rescue Victoria
             Act 1958
   5 Definitions
            In section 98A of the Fire Rescue Victoria
            Act 1958--
              (a) insert the following definition--
                  "allocation statement means, as the case
                       requires--
                          (a) an allocation statement prepared
                              by the Country Fire Authority
                              following a direction by the
                              Minister under section 105; or
                          (b) an allocation statement prepared
                              by the Country Fire Authority
                              following a direction by the
                              Minister under section 105A;";
              (b) for the definition of approval date
                  substitute--
                  "approval date, in respect of an allocation
                       statement, as the case requires--
                          (a) prepared in accordance with
                              section 105, has the meaning
                              given by section 105(6); or
                          (b) prepared in accordance with
                              section 105A, has the meaning
                              given by section 105A(5);".
   6 Minister may direct Country Fire Authority to give
     an allocation statement
            In section 105(1) of the Fire Rescue Victoria
            Act 1958, for "a statement (an allocation
            statement)" substitute "an allocation statement".




                                6
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
      Part 3--Amendment of Fire Rescue Victoria Act 1958


  7 New section 105A inserted
           After section 105 of the Fire Rescue Victoria
           Act 1958 insert--
        "105A Minister may direct Country Fire
              Authority to give an allocation statement
              in respect of other Country Fire Authority
              staff
            (1) The Minister may give a direction to the
                Country Fire Authority requiring the
                Country Fire Authority to give to the
                Minister an allocation statement that--
                   (a) sets out the property, rights, liabilities
                       and obligations of the Country Fire
                       Authority that are to be allocated to
                       Fire Rescue Victoria on the approval
                       date, which must be property, rights,
                       liabilities and obligations of the
                       Country Fire Authority that relate to a
                       person, or persons included in a class of
                       persons, transferred from the Country
                       Fire Authority to Fire Rescue Victoria
                       under section 103; and
                   (b) identifies the location of any such
                       property of the Country Fire Authority
                       and identifies the rights, liabilities and
                       obligations; and
                   (c) allocates that property and those rights,
                       liabilities and obligations to Fire
                       Rescue Victoria; and
                   (d) includes such other information about
                       that property and those rights, liabilities
                       and obligations (other than information
                       about their value) as is specified in the
                       direction.




                               7
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
      Part 3--Amendment of Fire Rescue Victoria Act 1958


            (2) Without limiting subsection (1), a direction
                under that subsection may specify either or
                both of the following--
                   (a) the property, rights, liabilities and
                       obligations of the Country Fire
                       Authority;
                   (b) one or more classes of property, rights,
                       liabilities and obligations of the
                       Country Fire Authority--
                 that are to be allocated to Fire Rescue
                 Victoria on the approval date, which must be
                 property, rights, liabilities and obligations or
                 classes of property, rights, liabilities and
                 obligations of the Country Fire Authority
                 that relate to a person, or persons included in
                 a class of persons, transferred from the
                 Country Fire Authority to Fire Rescue
                 Victoria under section 103.
            (3) If the Minister gives a direction to the
                Country Fire Authority under subsection (1),
                the Country Fire Authority must give the
                allocation statement required by the direction
                to the Minister before the end of the period
                specified in the direction.
            (4) The Minister may approve the allocation
                statement.
            (5) If the Minister approves the allocation
                statement--
                   (a) the Minister must sign the statement;
                       and
                   (b) the date on which the Minister signs the
                       allocation statement is the approval
                       date.




                               8
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
      Part 3--Amendment of Fire Rescue Victoria Act 1958


            (6) The Minister may give one or more
                directions under subsection (1), but must not
                give a direction on or after the day that is
                12 months after the day on which section 7
                of the Justice Legislation Amendment
                (Police and Other Matters) Act 2024
                comes into operation.".
  8 Statute law revision
           The heading following section 27 of the Fire
           Rescue Victoria Act 1958 is repealed.




                               9
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
            Part 4--Amendment of Firearms Act 1996



Part 4--Amendment of Firearms Act 1996
  9 Chief Commissioner may allow a person to continue
    to be licensed or renew firearms licence following
    temporary or permanent declaration
           In section 3C(1) of the Firearms Act 1996, for
           "If," substitute "If".
 10 Requirement to keep register of transactions
       (1) In section 87(2)(a)(i) of the Firearms Act 1996,
           before "the prescribed particulars" insert
           "subject to subsection (2A),".
       (2) After section 87(2) of the Firearms Act 1996
           insert--
         "(2A) A licensed firearms dealer is not required to
               record in the register of transactions the
               name, address or licence number (if any) of a
               person from whom the dealer acquires a
               firearm in accordance with section
               93(4)(da).".
 11 Persons from whom a dealer can acquire firearms
           After section 93(4)(d) of the Firearms Act 1996
           insert--
          "(da) if the acquisition is for the purpose of the
                subsequent registration, sale or destruction of
                the firearm, a person who--
                   (i) is surrendering the firearm to the
                       licensed firearms dealer; and
                   (ii) is not authorised by a licence under this
                        Act to possess, carry or use that
                        firearm; and
                  (iii) is not exempted by this Act from the
                        requirement to have a licence in order
                        to possess, carry or use that category of
                        firearm;".



                               10
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
            Part 4--Amendment of Firearms Act 1996


12 Persons to whom a dealer can dispose of firearms
       (1) In section 94(4) of the Firearms Act 1996, for
           "A firearm" substitute "Subject to subsection (5),
           a firearm".
       (2) After section 94(4) of the Firearms Act 1996
           insert--
           "(5) If a licensed firearms dealer acquires a
                firearm in accordance with section 93(4)(da)
                that is not a firearm of a category for which
                the dealer is licensed, the dealer must
                dispose of the firearm within 28 days to--
                   (a) a licensed firearms dealer with an
                       appropriate licence for that firearm; or
                   (b) a police officer who is acting in the
                       course of the police officer's duties.".
13 Powers of entry and inspection
           In section 174M(1) of the Firearms Act 1996--
             (a) in paragraph (a), for "contain, or relate to,"
                 substitute "relate to";
             (b) in paragraphs (c) and (d) omit "may".
14 Schedule 2--Special conditions for licences under
   Part 2
           In item 1(8)(aa) of Schedule 2 to the Firearms
           Act 1996, for "lever" substitute "bolt or lever".




                               11
  Justice Legislation Amendment (Police and Other Matters) Act 2024
                          No.      of 2024
            Part 5--Amendment of Road Safety Act 1986



Part 5--Amendment of Road Safety Act 1986
  15 Use of vehicle immobilising devices
         (1) In section 63B(1) of the Road Safety Act 1986--
               (a) in paragraph (a) omit "or avoiding arrest";
               (b) after paragraph (b) insert--
                  "(ba) to prevent the use of, or to stop or assist
                        in stopping, a vehicle for the purpose of
                        effecting an arrest; or".
         (2) After section 63B(1) of the Road Safety Act 1986
             insert--
           "(1A) The Chief Commissioner of Police may
                 authorise the use by police officers of a
                 vehicle immobilising device for the purposes
                 of subsection (1B).
            (1B) Subject to subsection (1C), a police officer
                 authorised under subsection (1A) may use a
                 vehicle immobilising device if--
                     (a) the use of the device is for the purposes
                         of a section specified in subsection
                         (1D) and the device is used in the
                         circumstances specified in relation to
                         that section; and
                     (b) the police officer suspects on
                         reasonable grounds that a person, by
                         driving or attempting to drive a motor
                         vehicle, is likely to endanger or cause
                         injury to themselves, a police officer or
                         any other person.




                                 12
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
          Part 5--Amendment of Road Safety Act 1986


          (1C) A police officer must take reasonable steps
               to notify a driver of a motor vehicle, unless it
               is impracticable in the circumstances, of--
                   (a) the placement or deployment of a
                       vehicle immobilising device before it is
                       used under subsection (1B); and
                   (b) the removal of the device after it has
                       been used under subsection (1B).
          (1D) The following sections and circumstances
               are specified--
                   (a) section 13(1), (1A), (1C) or (2), 53,
                       54(3), 55, 55A, 55B, 55BA, 55D, 55E,
                       62 or 63--to ensure a driver of a motor
                       vehicle stops when requested or
                       signalled and the motor vehicle remains
                       stationary while a police officer
                       exercises a power under that section;
                   (b) section 59(1)(ab)--to ensure a driver of
                       a motor vehicle stops when requested
                       and the motor vehicle remains
                       stationary while a police officer
                       enforces a duty under section 59(1)(ab);
                   (c) section 64A(1)--to ensure a driver of a
                       motor vehicle stops when directed and
                       the motor vehicle remains stationary
                       until a police officer indicates that the
                       driver may proceed so as to prevent or
                       stop the commission of an offence
                       under section 64A(1);
                   (d) section 84F, 84G or 84GA--to prevent
                       or stop a person from driving a motor
                       vehicle at or from a place while a police
                       officer exercises a power under that
                       section.".




                               13
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
Part 6--Amendment of Terrorism (Community Protection) Act 2003



    Part 6--Amendment of Terrorism
    (Community Protection) Act 2003
Division 1--Appointment of acting CVE MAP
                members
16 New sections 22AYA and 22AYB inserted
           After section 22AY of the Terrorism
           (Community Protection) Act 2003 insert--
     "22AYA Acting appointments--departmental staff
            (1) The Secretary, by instrument, may appoint a
                person employed in the Department of
                Justice and Community Safety under Part 3
                of the Public Administration Act 2004 to
                act in the place of a member of the CVE
                MAP appointed under section 22AT during
                any period when that member is--
                   (a) absent; or
                   (b) for any other reason, unable to attend
                       meetings of the CVE MAP or otherwise
                       unable to perform the duties of the
                       office.
            (2) An appointment under subsection (1) is for
                the period specified in the instrument of
                appointment.
           Note
           See also section 41AA of the Interpretation of Legislation
           Act 1984 regarding acting appointments.
      22AYB Acting appointments--nominated persons
            (1) A nominating officer, by written notice given
                to the Secretary, may nominate an eligible
                person to act in the place of a member of the
                CVE MAP appointed under section 22AU
                following a nomination by that nominating
                officer.


                               14
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
Part 6--Amendment of Terrorism (Community Protection) Act 2003


            (2) If the Secretary considers that the eligible
                person ought to act in the place of the
                member referred to in subsection (1), the
                Secretary, by instrument, may appoint that
                eligible person to act in the place of the
                member during any period when that
                member is--
                   (a) absent; or
                   (b) for any other reason, unable to attend
                       meetings of the CVE MAP or otherwise
                       unable to perform the duties of the
                       office.
            (3) An appointment under subsection (1) is for
                the period specified in the instrument of
                appointment.
            (4) In this section--
                  eligible person has the same meaning as in
                        section 22AU;
                  nominating officer has the same meaning as
                      in section 22AU.
           Note
           See also section 41AA of the Interpretation of Legislation
           Act 1984 regarding acting appointments.".

Division 2--Appointment of representative for
           meeting of CVE MAP
17 New section 22BDA inserted
           After section 22BD of the Terrorism
           (Community Protection) Act 2003 insert--
     "22BDA CVE MAP member may appoint
            representative for meeting
            (1) If a member of the CVE MAP specified in
                Column 2 of the following Table will not
                attend a meeting of the CVE MAP for any


                               15
    Justice Legislation Amendment (Police and Other Matters) Act 2024
                            No.      of 2024
    Part 6--Amendment of Terrorism (Community Protection) Act 2003


                     reason, the member, by instrument, may
                     appoint a person specified in Column 3
                     opposite that member to represent the
                     member's home entity at the meeting of the
                     CVE MAP.
                                 Table
Column 1        Column 2                  Column 3
                Member of the CVE         Person who may be appointed
Item            MAP                       as a representative
1               A member of the CVE       A person employed in the
                MAP appointed under       Department of Justice and
                section 22AT              Community Safety under
                                          Part 3 of the Public
                                          Administration Act 2004
2               A member of the CVE       A member of Victoria Police
                MAP appointed under       personnel
                section 22AU following
                a nomination by the
                Chief Commissioner of
                Police
3               A member of the CVE       A person employed in the
                MAP appointed under       Department of that
                section 22AU following    Department Head under Part 3
                a nomination by a         of the Public Administration
                Department Head           Act 2004
4               A member of the CVE       A person employed in the
                MAP appointed under       Administrative Office of that
                section 22AU following    Administrative Office Head
                a nomination by an        under Part 3 of the Public
                Administrative Office     Administration Act 2004
                Head
5               A member of the CVE       A person employed under
                MAP appointed under       Part 3 of the Public
                section 22AU following    Administration Act 2004 for
                a nomination by the       the purposes of the
                Commissioner for          Corrections Act 1986
                Corrections




                                    16
    Justice Legislation Amendment (Police and Other Matters) Act 2024
                            No.      of 2024
    Part 6--Amendment of Terrorism (Community Protection) Act 2003


Column 1        Column 2                    Column 3
                Member of the CVE           Person who may be appointed
Item            MAP                         as a representative
6               A member of the CVE         A person engaged (whether as
                MAP appointed under         an employee or otherwise) by
                section 22AV for whom       that home entity
                a home entity has been
                specified in the member's
                instrument of
                appointment under
                section 22AV(2)

                (2) A member of the CVE MAP who appoints a
                    representative must specify in the instrument
                    of appointment--
                       (a) the meeting of the CVE MAP for which
                           the appointment is made; and
                       (b) the date on which the appointment
                           commences, which must not be earlier
                           than 3 weeks before that meeting; and
                       (c) the date on which the appointment
                           expires, which must not be later than
                           3 weeks after that meeting.
                (3) A representative may attend and participate
                    in the meeting of the CVE MAP specified in
                    the representative's instrument of
                    appointment.
                (4) Nothing in this section has the effect that a
                    representative--
                       (a) is to be counted as a member for the
                           purposes of determining whether there
                           is a quorum of the CVE MAP at the
                           meeting specified in the representative's
                           instrument of appointment; or
                       (b) has a vote on any question arising at
                           that meeting; or



                                    17
  Justice Legislation Amendment (Police and Other Matters) Act 2024
                          No.      of 2024
  Part 6--Amendment of Terrorism (Community Protection) Act 2003


                      (c) may participate in the making of a
                          resolution of the CVE MAP without
                          a meeting in accordance with
                          section 22BCA.
              (5) In this section--
                     home entity has the meaning given by
                         section 22EJ(1);
                     representative means a person appointed
                          under subsection (1).".
  18 Authorised disclosers and access to information
             In the Table to section 22EJ(1) of the Terrorism
             (Community Protection) Act 2003, after item 8
             insert--
"8A           A representative           That member's home entity".
              appointed by a member
              of the CVE MAP under
              section 22BDA


              Division 3--Central contacts
  19 Authorised disclosers and access to information
             In the Table to section 22EJ(1) of the Terrorism
             (Community Protection) Act 2003, before item 9
             insert--
"8B           A central contact          That member's home entity".
              appointed by a member
              of the CVE MAP under
              section 22ERA

  20 Authorised discloser may require information from
     another authorised discloser
         (1) At the foot of section 22EN(1) of the Terrorism
             (Community Protection) Act 2003 insert--
             "Note
             Section 22ERD(1) prohibits a central contact from making
             (but not receiving or complying with) a request under this
             provision.".



                                 18
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
Part 6--Amendment of Terrorism (Community Protection) Act 2003


       (2) At the foot of section 22EN(3) of the Terrorism
           (Community Protection) Act 2003 insert--
           "Notes
           1    If the request is made by a member of the CVE MAP,
                the authorised discloser may disclose the information
                to that member's central contact instead--see section
                22ERC.
           2    If the authorised discloser is a member of the CVE
                MAP, the member may arrange for their central contact
                to make the disclosure--see section 22ERB.".
21 Authorised discloser may disclose without request
           At the foot of section 22EO(1) of the Terrorism
           (Community Protection) Act 2003 insert--
           "Notes
           1    Section 22ERD(2) prohibits a central contact from
                disclosing information under this provision.
           2    However, section 22ERB permits a central contact to
                make the disclosure if the member of the CVE MAP
                who appointed that central contact arranges for the
                central contact to do so.".
22 Authorised discloser may disclose other than for an
   authorised purpose
           At the foot of section 22EP(1) of the Terrorism
           (Community Protection) Act 2003 insert--
           "Notes
           1    Section 22ERD(3) prohibits a central contact from
                disclosing information under this provision.
           2    However, section 22ERB permits a central contact to
                make the disclosure if the member of the CVE MAP
                who appointed that central contact arranges for the
                central contact to do so.".




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    23 Member of CVE MAP may require information
       from providers of previous services and programs
               At the foot of section 22EQ(7) of the Terrorism
               (Community Protection) Act 2003 insert--
               "Note
               The person may disclose the information requested by the
               member of the CVE MAP to the member's central contact
               instead--see section 22ERC.".
    24 New Subdivision 2A of Division 6 of Part 4A
       inserted
               After section 22ER of the Terrorism
               (Community Protection) Act 2003 insert--

                   "Subdivision 2A--Central contacts
           22ERA CVE MAP member may appoint central
                 contact
                (1) A member of the CVE MAP specified in
                    Column 2 of the following Table, by
                    instrument, may appoint a person specified
                    in Column 3 opposite that member to be the
                    member's central contact.
                                 Table
Column 1        Column 2                  Column 3
                Member of the CVE         Person who may be appointed
Item            MAP                       as a central contact
1               A member of the CVE       A person employed in the
                MAP appointed under       Department of Justice and
                section 22AT              Community Safety under
                                          Part 3 of the Public
                                          Administration Act 2004
2               A member of the CVE       A member of Victoria Police
                MAP appointed under       personnel
                section 22AU following
                a nomination by the
                Chief Commissioner of
                Police




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Column 1        Column 2                    Column 3
                Member of the CVE           Person who may be appointed
Item            MAP                         as a central contact
3               A member of the CVE         A person employed in the
                MAP appointed under         Department of that
                section 22AU following      Department Head under Part 3
                a nomination by a           of the Public Administration
                Department Head             Act 2004
4               A member of the CVE         A person employed in the
                MAP appointed under         Administrative Office of that
                section 22AU following      Administrative Office Head
                a nomination by an          under Part 3 of the Public
                Administrative Office       Administration Act 2004
                Head
5               A member of the CVE         A person employed under
                MAP appointed under         Part 3 of the Public
                section 22AU following      Administration Act 2004 for
                a nomination by the         the purposes of the
                Commissioner for            Corrections Act 1986
                Corrections
6               A member of the CVE         A person engaged (whether as
                MAP appointed under         an employee or otherwise) by
                section 22AV for whom       that home entity
                a home entity has been
                specified in the member's
                instrument of
                appointment under
                section 22AV(2)

                (2) A member of the CVE MAP who appoints a
                    central contact must specify the period of the
                    appointment, which must not exceed one
                    year, in the instrument of appointment.
           22ERB CVE MAP member may arrange for
                 central contact to disclose information
                (1) A member of the CVE MAP who is
                    authorised or required to disclose
                    information under Subdivision 2 may
                    arrange for the member's central contact to
                    make that disclosure instead.



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                 Note
                 Additionally, because central contacts are authorised
                 disclosers, they may disclose information when
                 requested to do so under section 22EN(1).
            (2) If the authorised or required disclosure is a
                disclosure to another member of the CVE
                MAP, the arrangement may be for the
                disclosure to be made to that other member's
                central contact instead.
            (3) A member of the CVE MAP who is required
                to disclose information under Subdivision 2
                is taken to comply with that requirement by
                making an arrangement under subsection (1).
            (4) If a member of the CVE MAP arranges
                under subsection (1) for the member's central
                contact to make a disclosure, the central
                contact must do so.
            (5) However, in disclosing information under
                subsection (4), a central contact must not
                disclose information if doing so is prohibited
                by section 22EK.
      22ERC Disclosure may be made to central contact
            instead of CVE MAP member
            (1) A person who is required to make a
                disclosure to a member of the CVE MAP
                under section 22EN(3) or 22EQ(7)--
                   (a) may make that disclosure to that
                       member's central contact instead of to
                       the member; and
                   (b) is taken to comply with that
                       requirement by doing so.




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            (2) However, in disclosing information under
                subsection (1), the person must not disclose
                information if doing so is prohibited by
                section 22EK.
      22ERD Central contact must not make certain
            requests or disclosures
            (1) Despite section 22EN(1), a central contact
                must not make a request under that
                provision.
            (2) Despite section 22EO(1), a central contact
                must not disclose information under that
                provision.
            (3) Despite section 22EP(1), a central contact
                must not disclose information under that
                provision.
            (4) Nothing in subsection (2) or (3) prevents--
                   (a) a member of the CVE MAP from
                       making an arrangement under section
                       22ERB(1) in relation to a disclosure
                       that the member is authorised to make
                       under section 22EO(1) or 22EP(1); or
                   (b) a central contact from making a
                       disclosure under section 22ERB(4) in
                       accordance with such an arrangement.".
25 Heading to new Subdivision 2B of Division 6 of
   Part 4A inserted
           Before section 22ES of the Terrorism
           (Community Protection) Act 2003 insert--

              "Subdivision 2B--Offence to disclose
                         information".




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Division 4--Secretary's delegate for support and
             engagement orders
  26 Authorised disclosers and access to information
             In the Table to section 22EJ(1) of the Terrorism
             (Community Protection) Act 2003, after item 2
             insert--
"2A           A person to whom the        If the person is employed in
              Secretary has delegated a   the Department of Justice and
              power, duty or function     Community Safety under
              under section 22AQ          Part 3 of the Public
                                          Administration Act 2004,
                                          that Department".


 Division 5--Term of appointment of CVE MAP
                  members
  27 Term of appointment
             In section 22AW of the Terrorism (Community
             Protection) Act 2003, for "3 years" substitute
             "the period, not exceeding 3 years, that is
             specified in the member's instrument of
             appointment".

      Division 6--Resolutions of the CVE MAP
  28 Section 22BA substituted
             For section 22BA of the Terrorism (Community
             Protection) Act 2003 substitute--
         "22BA CVE MAP to act by resolution
                   An act that the CVE MAP is empowered to
                   do is to be done by a resolution of the CVE
                   MAP made--
                     (a) at a meeting of the CVE MAP; or
                     (b) without a meeting in accordance with
                         section 22BCA.".




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29 Meetings of CVE MAP
           For section 22BB(4) of the Terrorism
           (Community Protection) Act 2003 substitute--
           "(4) Subject to section 22BD(1)--
                   (a) each member of the CVE MAP has a
                       deliberative vote on a question arising
                       at a meeting; and
                   (b) in the case of an equality of votes, the
                       person presiding at the meeting has a
                       second or casting vote.".
30 Person who is to preside at meetings of the CVE
   MAP
           In section 22BC(2)(b) and (3)(b) of the
           Terrorism (Community Protection) Act 2003--
             (a) for "section 22BD" substitute
                 "section 22BD(1)";
             (b) for "in respect of" substitute
                 "during deliberations on".
31 New section 22BCA inserted
           After section 22BC of the Terrorism
           (Community Protection) Act 2003 insert--
     "22BCA Resolutions without meetings
            (1) The CVE MAP may determine--
                   (a) that it may make a specified resolution,
                       or a resolution of a specified class,
                       without a meeting; and
                   (b) a method by which members are to cast
                       votes on that resolution or a resolution
                       of that class.




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            (2) A resolution is made in accordance with this
                section if--
                   (a) the resolution is specified, or of a class
                       specified, in a determination under
                       subsection (1)(a); and
                   (b) all members of the CVE MAP have
                       been informed of the resolution, or
                       reasonable efforts have been made to
                       inform members of the resolution; and
                   (c) there are a majority of votes in favour
                       of the resolution; and
                   (d) those votes are cast in accordance with
                       the method determined under
                       subsection (1)(b).
            (3) Subject to section 22BD(1)--
                   (a) each member of the CVE MAP has a
                       deliberative vote on the resolution; and
                   (b) in the case of an equality of votes, the
                       chairperson has a second or casting
                       vote.
            (4) The chairperson of the CVE MAP must
                ensure that a record is kept of resolutions
                made without a meeting.".
32 Section 22BD substituted
           For section 22BD of the Terrorism (Community
           Protection) Act 2003 substitute--
       "22BD Conflicts of interest
            (1) If a member of the CVE MAP has a conflict
                of interest in respect of a matter, the
                member--
                   (a) does not have a vote in respect of the
                       matter; and




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                   (b) must not preside at a meeting of the
                       CVE MAP during deliberations on that
                       matter; and
                   (c) must not propose a resolution in respect
                       of that matter that is to be made without
                       a meeting in accordance with section
                       22BCA; and
                   (d) must not inform members of the CVE
                       MAP, under section 22BCA(2)(b), of a
                       resolution that is to be made without a
                       meeting in respect of that matter.
            (2) However, the member of the CVE MAP
                need not absent themselves from a meeting
                of the CVE MAP during deliberations on
                that matter.".

      Division 7--Giving evidence in court
33 Section 22CP amended
       (1) In the heading to section 22CP of the Terrorism
           (Community Protection) Act 2003, for
           "Secretary may be directed" substitute
           "Court may direct person".
       (2) In section 22CP(1) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary" substitute "a person".
       (3) In section 22CP(2) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary must comply with a direction under
           subsection (1)" substitute "a person who is given
           a direction under subsection (1) must comply with
           that direction".




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       (4) In section 22CP(3) of the Terrorism
           (Community Protection) Act 2003--
             (a) for "The" substitute "If the Secretary is
                 given a direction under subsection (1), the";
             (b) for "a direction under subsection (1)"
                 substitute "that direction".
34 Court may hold review hearing on receiving report
       (1) In section 22CW(3) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary" substitute "a person".
       (2) In section 22CW(4) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary must comply with a direction under
           subsection (3)" substitute "a person who is given
           a direction under subsection (3) must comply with
           that direction".
       (3) In section 22CW(5) of the Terrorism
           (Community Protection) Act 2003--
             (a) for "The" substitute "If the Secretary is
                 given a direction under subsection (3), the";
             (b) for "a direction under subsection (3)"
                 substitute "that direction".
35 Section 22DD amended
       (1) In the heading to section 22DD of the Terrorism
           (Community Protection) Act 2003, for
           "Secretary may be directed" substitute
           "Court may direct person".
       (2) In section 22DD(1) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary" substitute "a person".
       (3) In section 22DD(2) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary must comply with a direction under
           subsection (1)" substitute "a person who is given


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           a direction under subsection (1) must comply with
           that direction".
       (4) In section 22DD(3) of the Terrorism
           (Community Protection) Act 2003--
             (a) for "The" substitute "If the Secretary is
                 given a direction under subsection (1), the";
             (b) for "a direction under subsection (1)"
                 substitute "that direction".
36 Section 22DM amended
       (1) In the heading to section 22DM of the Terrorism
           (Community Protection) Act 2003, for
           "Secretary may be directed" substitute
           "Court may direct person".
       (2) In section 22DM(1) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary" substitute "a person".
       (3) In section 22DM(2) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary must comply with a direction under
           subsection (1)" substitute "a person who is given
           a direction under subsection (1) must comply with
           that direction".
       (4) In section 22DM(3) of the Terrorism
           (Community Protection) Act 2003--
             (a) for "The" substitute "If the Secretary is
                 given a direction under subsection (1), the";
             (b) for "a direction under subsection (1)"
                 substitute "that direction".
37 Section 22DU amended
       (1) In the heading to section 22DU of the Terrorism
           (Community Protection) Act 2003, for
           "Secretary may be directed" substitute
           "Court may direct person".



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       (2) In section 22DU(1) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary" substitute "a person".
       (3) In section 22DU(2) of the Terrorism
           (Community Protection) Act 2003, for
           "the Secretary must comply with a direction under
           subsection (1)" substitute "a person who is given
           a direction under subsection (1) must comply with
           that direction".
       (4) In section 22DU(3) of the Terrorism
           (Community Protection) Act 2003--
             (a) for "The" substitute "If the Secretary is
                 given a direction under subsection (1), the";
             (b) for "a direction under subsection (1)"
                 substitute "that direction".
38 Relevant persons and authorised purposes
           In the Table to section 22EM of the Terrorism
           (Community Protection) Act 2003, in Column 3
           of item 5, for paragraph (f) substitute--
           "(f) The purpose of informing a person who is
                required to give evidence under section
                22CP, 22CW, 22DD, 22DM or 22DU so that
                the person can give evidence when required
                to do so".

       Division 8--Technical amendments
39 New section 22EHA inserted
           After section 22EH of the Terrorism
           (Community Protection) Act 2003 insert--
     "22EHA Definitions
                 In this Division--
                 access, in relation to information, has the
                      meaning given by section 22EJ(2);



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                 authorised discloser has the meaning given
                     by section 22EJ(1);
                 central contact means a person appointed
                      under section 22ERA;
                 home entity has the meaning given by
                     section 22EJ(1);
                 prohibited, in relation to the disclosure of
                      information, has the meaning given by
                      section 22EK;
                 purpose that is authorised has the meaning
                     given by section 22EM;
                 relevant person has the meaning given by
                      section 22EM.".
40 References to disclosing information
       (1) In the heading to section 22EK of the Terrorism
           (Community Protection) Act 2003, for "giving"
           substitute "disclosure".
       (2) In section 22EK(1) of the Terrorism
           (Community Protection) Act 2003, for "giving"
           substitute "disclosure".
       (3) In section 22EN(4) of the Terrorism
           (Community Protection) Act 2003, for "give"
           substitute "disclose".
       (4) In section 22EO(2) of the Terrorism
           (Community Protection) Act 2003, for "give"
           substitute "disclose".
       (5) In section 22EQ(8)(a) and (b) of the Terrorism
           (Community Protection) Act 2003, for "give"
           substitute "disclose".
       (6) In section 22ER(3) of the Terrorism
           (Community Protection) Act 2003--
             (a) for "request" substitute "disclosure";




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             (b) for "person to whom the disclosure is made"
                 substitute "person or other entity".
       (7) In section 22ER(4) of the Terrorism
           (Community Protection) Act 2003, for "give"
           substitute "disclose".
41 Statute law revisions
       (1) In section 10(7) of the Terrorism (Community
           Protection) Act 2003, after "sworn" insert
           "or affirmed".
       (2) In section 13AZZD(7) of the Terrorism
           (Community Protection) Act 2003, for "capable"
           substitute "incapable".
       (3) In section 22AB of the Terrorism (Community
           Protection) Act 2003, for the definition of mental
           health professional substitute--
           "mental health and wellbeing professional
               means--
                   (a) a registered psychologist within the
                       meaning of the Mental Health and
                       Wellbeing Act 2022; or
                   (b) a psychiatrist within the meaning of
                       that Act; or
                   (c) any other mental health and wellbeing
                       professional within the meaning of that
                       Act;".
       (4) In the examples at the foot of section 22AJ(2)(a)
           of the Terrorism (Community Protection)
           Act 2003, for "mental health professional"
           substitute "mental health and wellbeing
           professional".
       (5) In section 22AJ(5) of the Terrorism
           (Community Protection) Act 2003, after
           "person is" insert "a reference to".




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       (6) In section 22AL(2)(c) of the Terrorism
           (Community Protection) Act 2003, for
           "Act 2014" substitute "and Wellbeing
           Act 2022".
       (7) In section 22EI(g) of the Terrorism (Community
           Protection) Act 2003, for "Part 4 of the Mental
           Health Act 2014" substitute "Chapter 4 of the
           Mental Health and Wellbeing Act 2022".
       (8) In section 22CY(5) of the Terrorism
           (Community Protection) Act 2003, for
           "subsection (4)(a)" substitute "subsection (4)(b)".




                               33
Justice Legislation Amendment (Police and Other Matters) Act 2024
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         Part 7--Amendment of Victoria Police Act 2013



 Part 7--Amendment of Victoria Police
            Act 2013
            Division 1--Code of conduct
42 Definitions
           In section 3(1) of the Victoria Police Act 2013
           insert the following definition--
           "code of conduct means the code of conduct
                issued under section 61A;".
43 Heading to Division 4 of Part 4 amended
           In the heading to Division 4 of Part 4 of the
           Victoria Police Act 2013, after "instructions"
           insert ", code of conduct".
44 New sections 61A and 61B inserted
           After section 61 of the Victoria Police Act 2013
           insert--
         "61A Code of conduct
            (1) The Chief Commissioner may issue a code
                setting out the conduct required of members
                of Victoria Police personnel at all times.
            (2) The Chief Commissioner may amend or
                revoke a code issued under subsection (1).
            (3) The Chief Commissioner must publish the
                code of conduct on an Internet site
                maintained by Victoria Police.
           61B Personnel to comply with the code of
               conduct
                 All members of Victoria Police personnel
                 must comply with the code of conduct.
                 Note
                 Non-compliance can constitute a breach of
                 discipline--see section 125(1)(ca).".



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45 Breaches of discipline
           After section 125(1)(c) of the Victoria Police
           Act 2013 insert--
          "(ca) fails to comply with the code of conduct; or".

          Division 2--Other amendments
46 New section 130A inserted
           After section 130 of the Victoria Police Act 2013
           insert--
        "130A Fitness to participate in an inquiry
            (1) If satisfied that it is necessary to determine
                whether a police officer or protective
                services officer is physically and mentally fit
                to participate in an inquiry, the person
                conducting the inquiry may direct the officer
                to undergo an assessment of fitness by a
                medical officer nominated by the Chief
                Commissioner.
            (2) A medical officer who conducts an
                assessment of fitness must provide to the
                person conducting the inquiry and to the
                officer a written opinion as to whether the
                officer is physically and mentally fit to
                participate in the inquiry.
            (3) Any information provided by a medical
                officer in connection with an assessment of
                fitness must not be used for any purpose
                other than to determine whether a police
                officer or protective services officer is
                physically and mentally fit to participate in
                an inquiry.
            (4) A police officer or protective services officer
                does not commit a breach of discipline by
                failing to comply with a direction under
                subsection (1).


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            (5) In this section--
                 medical officer means a person registered
                     under the Health Practitioner
                     Regulation National Law to practise in
                     the medical profession (other than as a
                     student) or the psychology profession
                     (other than as a student).".
47 Determination of the inquiry
           For section 132(1)(b) of the Victoria Police
           Act 2013 substitute--
           "(b) to adjourn the hearing of the inquiry into the
                charge--
                   (i) on the condition that the officer be of
                       good behaviour for a period not
                       exceeding 12 months; and
                   (ii) on any other conditions specified in the
                        determination in accordance with
                        section 132A;".
48 New section 132A inserted
           After section 132 of the Victoria Police Act 2013
           insert--
        "132A Conditions specified in an adjournment
              determination
            (1) The conditions that may be specified in a
                determination under section 132(1)(b)(ii)
                (specified conditions) include, but are not
                limited to, the following--
                   (a) if the breach of discipline relates to the
                       result of a test conducted in accordance
                       with a testing direction given to the
                       officer, that the officer be further tested
                       for the presence of alcohol or a drug of
                       dependence at reasonable times and
                       places--


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                         (i) as specified in the determination;
                             or
                         (ii) as later determined by the Chief
                              Commissioner;
                   (b) that the officer complete a training,
                       education or professional development
                       program, which may include
                       arrangements for the officer to do one
                       or both of the following--
                         (i) receive coaching or mentoring in
                             the performance of the officer's
                             duties;
                         (ii) receive a higher level of
                              supervision in the performance of
                              the officer's duties;
                   (c) that the officer complete a health and
                       wellbeing program;
                   (d) that the officer take action to address
                       harm caused by the breach of
                       discipline, which may include
                       arrangements for the officer to do one
                       or more of the following--
                         (i) complete community service
                             activities;
                         (ii) donate to a charity or other
                              not-for-profit organisation;
                        (iii) apologise in writing to any person
                              affected by the breach of
                              discipline;
                        (iv) participate in mediation or a
                             facilitated conversation with any
                             person affected by the breach of
                             discipline.




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            (2) A specified condition must be reasonably
                connected to the conduct of the officer that
                constituted the breach of discipline.
            (3) Subject to subsection (4), a specified
                condition may be imposed for a period not
                exceeding 12 months.
            (4) A specified condition referred to in
                subsection (1)(a) may be imposed for a
                period not exceeding 2 years.
            (5) A specified condition referred to in
                subsection (1)(a) is taken to be a testing
                direction given under Part 5.
                 Note
                 See, in particular, Divisions 6 and 7 of Part 5 and
                 section 232.".
49 Enforcement of the determination
           For section 133(1) of the Victoria Police
           Act 2013 substitute--
           "(1) The Chief Commissioner and, if the Chief
                Commissioner has not conducted the inquiry,
                the person conducting the inquiry must take
                all action reasonably necessary--
                   (a) to give effect to a determination made
                       on an inquiry; and
                   (b) to enable the officer to comply with the
                       determination.".
50 Adjournment of charge
           After section 134(1) of the Victoria Police
           Act 2013 insert--
         "(1A) If at any time before the further hearing the
               person conducting the inquiry is satisfied
               that the officer has failed to comply with the
               conditions specified in the determination, the
               person may--


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                   (a) revoke one or more conditions
                       specified in the determination; or
                   (b) fix a new time for the further hearing.
          (1B) The person conducting the inquiry must not
               take action under subsection (1A)(b) if the
               officer has taken all reasonable steps to
               comply with the conditions specified in the
               determination.".
51 Charge found proven against officer
           For section 136(1)(b) of the Victoria Police
           Act 2013 substitute--
           "(b) require the officer--
                   (i) to be of good behaviour for a period not
                       exceeding 12 months; and
                   (ii) to be subject to any other conditions
                        specified by the Chief Commissioner in
                        accordance with section 136A;".
52 New sections 136A to 136C inserted
           After section 136 of the Victoria Police Act 2013
           insert--
        "136A Conditions specified by the Chief
              Commissioner
            (1) The conditions that may be specified by the
                Chief Commissioner under section
                136(1)(b)(ii) (specified conditions) include,
                but are not limited to, the following--
                   (a) if the offence relates to the result of a
                       test conducted in accordance with a
                       testing direction given to the officer,
                       that the officer be further tested for the
                       presence of alcohol or a drug of
                       dependence at reasonable times and
                       places as later determined by the Chief
                       Commissioner;


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                   (b) that the officer complete a training,
                       education or professional development
                       program, which may include
                       arrangements for the officer to do one
                       or both of the following--
                         (i) receive coaching or mentoring in
                             the performance of the officer's
                             duties;
                         (ii) receive a higher level of
                              supervision in the performance of
                              the officer's duties;
                   (c) that the officer complete a health and
                       wellbeing program;
                   (d) that the officer take action to address
                       harm caused by the offence, which may
                       include arrangements for the officer to
                       do one or more of the following--
                         (i) complete community service
                             activities;
                         (ii) donate to a charity or other
                              not-for-profit organisation;
                        (iii) apologise in writing to any person
                              affected by the offence;
                        (iv) participate in mediation or a
                             facilitated conversation with any
                             person affected by the offence.
            (2) A specified condition must be reasonably
                connected to the conduct of the officer that
                constituted the offence.
            (3) Subject to subsection (4), a specified
                condition may be imposed for a period not
                exceeding 12 months.




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Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
         Part 7--Amendment of Victoria Police Act 2013


            (4) A specified condition referred to in
                subsection (1)(a) may be imposed for a
                period not exceeding 2 years.
            (5) A specified condition referred to in
                subsection (1)(a) is taken to be a testing
                direction given under Part 5.
                 Note
                 See, in particular, Divisions 6 and 7 of Part 5 and
                 section 232.
         136B Action to enable officer to comply with
              conditions
                 If the Chief Commissioner takes action
                 against a police officer or protective services
                 officer under section 136(1)(b), the Chief
                 Commissioner must also take all action
                 reasonably necessary to enable the officer to
                 comply with the specified conditions (if any)
                 imposed on the officer.
         136C Failure by officer to comply with good
              behaviour requirement or conditions
            (1) Subject to subsection (2), if at any time after
                taking action against a police officer or
                protective services officer under section
                136(1)(b) the Chief Commissioner is
                satisfied that the officer has failed to comply
                with the requirement to be of good behaviour
                or the specified conditions (if any) imposed
                on the officer, the Chief Commissioner may
                revoke the requirement or the conditions.
            (2) The Chief Commissioner must not revoke
                the requirement to be of good behaviour if
                the officer has taken all reasonable steps to
                comply with the requirement and the
                specified conditions (if any).".




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Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
         Part 7--Amendment of Victoria Police Act 2013


53 Restorative engagement process
           After section 174A(3) of the Victoria Police
           Act 2013 insert--
         "(3A) Despite section 57 of the Independent
               Broad-based Anti-corruption Commission
               Act 2011, the Secretary is not required, and
               is taken never to have been required, to
               notify the IBAC of a matter referred to in
               section 57(1) of that Act if the Secretary has
               knowledge of that matter only by reason of
               information disclosed for the purpose of, or
               in the course of, a restorative engagement
               process.".
54 New sections 174PA and 174PB inserted
           After section 174P of the Victoria Police
           Act 2013 insert--
      "174PA Notification to the IBAC not required in
             certain circumstances
                 Despite section 57 of the Independent
                 Broad-based Anti-corruption Commission
                 Act 2011, the Secretary is not required, and
                 is taken never to have been required, to
                 notify the IBAC of a matter referred to in
                 section 57(1) of that Act if the Secretary has
                 knowledge of that matter only by reason
                 of--
                   (a) information provided by an applicant
                       or a person seeking information as to
                       making an application under
                       section 174G; or
                   (b) information disclosed by an applicant
                       or another person in connection with
                       the applicant's participation in the
                       scheme.




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Justice Legislation Amendment (Police and Other Matters) Act 2024
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         Part 7--Amendment of Victoria Police Act 2013


       174PB Provision of certain information to the
             IBAC
            (1) Subject to subsection (3), the Secretary may
                provide information to the IBAC that--
                   (a) the Secretary receives, or has received,
                       under this Part; and
                   (b) is relevant to the IBAC's education and
                       prevention functions.
                       Note
                       See section 15(5) and (6) of the Independent
                       Broad-based Anti-corruption Commission
                       Act 2011 for the education and prevention
                       functions of the IBAC.
            (2) For the purposes of subsection (1)(b),
                information may be relevant to the IBAC's
                education and prevention functions if it
                relates to--
                   (a) the context in which sex discrimination
                       or sexual harassment may have
                       occurred; or
                   (b) the demographic profile of applicants
                       or persons who have allegedly
                       perpetrated sex discrimination or sexual
                       harassment; or
                   (c) the reporting of sex discrimination or
                       sexual harassment within Victoria
                       Police.
            (3) The Secretary must not provide information
                to the IBAC that identifies, or is likely to
                lead to the identification of, an applicant
                without the applicant's written consent.".




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Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
         Part 7--Amendment of Victoria Police Act 2013


 55 Repeal of this Part
           In section 174R of the Victoria Police Act 2013,
           for "the third anniversary of its commencement"
           substitute "7 September 2025".
 56 Unauthorised access to, use of or disclosure of police
    information by members or former members of
    Victoria Police personnel--summary offence
       (1) In section 227(1) of the Victoria Police Act 2013,
           after "duty of the member or former member"
           insert "under section 226".
       (2) After section 227(2) of the Victoria Police
           Act 2013 insert--
           "(3) A proceeding for an offence against
                subsection (1) must be commenced within
                the period of 3 years after the date on which
                the offence is alleged to have been
                committed.".
 57 Unauthorised access to, use of or disclosure of police
    information by members or former members of
    Victoria Police personnel--indictable offence
           In section 228(1)(a) of the Victoria Police
           Act 2013, after "duty of the member or former
           member" insert "under section 226".
57A Other authorised access to, use of or disclosure of
    police information
           After section 231(l)(a) of the Victoria Police
           Act 2013 insert--
          "(ab) the disclosure to the IBAC of police
                information that relates to the conduct of a
                member of Victoria Police personnel or a
                systemic issue within Victoria Police;".




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Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
         Part 7--Amendment of Victoria Police Act 2013


58 Transitional provision--repeal of restorative
   engagement and redress scheme for current and
   former members of Victoria Police personnel
           In section 289 of the Victoria Police Act 2013--
             (a) for "section 174" substitute "section 174R";
             (b) in paragraph (c), for "Part." substitute
                 "Part; and";
             (c) after paragraph (c) insert--
                  "(d) any information provided by an
                       applicant or a person seeking
                       information as to making an application
                       under section 174G; and
                   (e) any information disclosed by an
                       applicant or another person in
                       connection with the applicant's
                       participation in the scheme set out in
                       that Part.".
59 New section 290 inserted
           After section 289 of the Victoria Police Act 2013
           insert--
          "290 Transitional provision--Justice
               Legislation Amendment (Police and Other
               Matters) Act 2024
            (1) Section 227(3), as inserted by section 56 of
                the Justice Legislation Amendment (Police
                and Other Matters) Act 2024, does not
                apply to an offence against section 227(1)
                that is alleged to have been committed before
                the commencement of section 56 of that Act.
            (2) For the purposes of subsection (1), if an
                offence against section 227(1) is alleged to
                have been committed between 2 dates, one
                before and one after the commencement of
                section 56 of the Justice Legislation


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Justice Legislation Amendment (Police and Other Matters) Act 2024
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         Part 7--Amendment of Victoria Police Act 2013


                 Amendment (Police and Other Matters)
                 Act 2024, the offence is taken to have been
                 committed after that commencement.".




                               46
 Justice Legislation Amendment (Police and Other Matters) Act 2024
                         No.      of 2024
Part 8--Amendment of Victorian Civil and Administrative Tribunal Act
                             1998

Part 8--Amendment of Victorian Civil and
    Administrative Tribunal Act 1998
  60 More appropriate forum
        (1) Section 77(4)(b) of the Victorian Civil and
            Administrative Tribunal Act 1998 is repealed.
        (2) After section 77(4) of the Victorian Civil and
            Administrative Tribunal Act 1998 insert--
          "(4A) To avoid doubt, a reference in subsection (4)
                to the commencement of a proceeding
                includes the joinder of a person who was not
                a party to the proceeding in the Tribunal
                referred to in subsection (4)(a).".




                                47
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
       Part 9--Amendment of Worker Screening Act 2020



Part 9--Amendment of Worker Screening
             Act 2020
 61 Definitions
           In section 3(1) of the Worker Screening
           Act 2020 insert the following definitions--
           "police custody officer has the same meaning as
                in the Victoria Police Act 2013;
           police custody officer supervisor has the same
                meaning as in the Victoria Police
                Act 2013;".
 62 New section 114A inserted
           After section 114 of the Worker Screening
           Act 2020 insert--
        "114A Police custody officer supervisors and
              police custody officers
            (1) A person who is a police custody officer
                supervisor or a police custody officer (other
                than a person whose authorisation to act as a
                police custody officer supervisor or a police
                custody officer has been suspended under the
                Victoria Police Act 2013) is exempt from a
                WWC check.
            (2) A person referred to in subsection (1) who
                engages in child-related work (other than as
                a police custody officer supervisor or a
                police custody officer) and who relies on an
                exemption under subsection (1) in respect of
                that work must give notification in writing of
                the suspension or revocation of their
                authorisation to act as a police custody
                officer supervisor or a police custody officer
                under the Victoria Police Act 2013 within
                7 days after receiving notice of the
                suspension or revocation to--



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Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
       Part 9--Amendment of Worker Screening Act 2020


                   (a) any person by whom the person is
                       engaged in that child-related work; and
                   (b) any agency with which the person is
                       listed for child-related work.
                 Penalty: Level 9 fine (60 penalty units
                          maximum).
                 Note
                 Listed with an agency is defined in section 3(2).".




                               49
Justice Legislation Amendment (Police and Other Matters) Act 2024
                        No.      of 2024
                   Part 10--Repeal of this Act



          Part 10--Repeal of this Act
63 Repeal of this Act
            This Act is repealed on 13 November 2025.
     Note
     The repeal of this Act does not affect the continuing operation of
     the amendments made by it (see section 15(1) of the
     Interpretation of Legislation Act 1984).
                   ═════════════




                                50
       Justice Legislation Amendment (Police and Other Matters) Act 2024
                               No.      of 2024
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Child Employment Act 2003, the Fire Rescue Victoria Act 1958, the
      Firearms Act 1996, the Road Safety Act 1986, the Terrorism
      (Community Protection) Act 2003, the Victoria Police Act 2013, the
      Victorian Civil and Administrative Tribunal Act 1998 and the
      Worker Screening Act 2020 and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            51


 


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