Human Source Management Regulations 2024 (Vic)
Version No. 001
Human Source Management Regulations 2024
S.R. No. 85/2024
Version as at
30 September 2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definitions
5Definition of written receipt
6Dealing with documents and information received
7Document register to be kept
8Storage of documents
9Information received under section 19 of the Act
10Direction documents to be given to the Victorian Inspectorate
11Document and information transmission
12Notification of applications to register a reportable human source
13Notifications related to scheduling of hearing
14Notification of change in application details
15Documents or information to be given to the Public Interest Monitor
16Chief Commissioner must notify Public Interest Monitor of emergency registration of reportable human sources
17Notification of recommendation outcome
18Notification of referral outcome
19Confirmation of notification
20Confirmation of provision of documents and information
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Human Source Management Regulations 2024
S.R. No. 85/2024
Version as at
30 September 2024
1Objective
The objective of these Regulations is to prescribe the following matters for the purposes of the Human Source Management Act 2023—
(a)requirements for the 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 that Act;
(b)the notifications required to be given to the Public Interest Monitor, IBAC or the Victorian Inspectorate;
(c)the disclosure of information about human sources to a person or body in specified circumstances;
(d)other matters required to be prescribed for the purposes of that Act.
2Authorising provision
These Regulations are made under section 90 of the Human Source Management Act 2023.
3Commencement
These Regulations come into operation on 30 September 2024.
4Definitions
In these Regulations—
double-sealed envelope means—
(a)an envelope (the inner envelope) with documents enclosed which is sealed and displays markings indicating the security classification level of the documents; and
(b)the inner envelope is enclosed in a second sealed envelope;
secure delivery means the delivery of documents or information—
(a)in a double-sealed envelope by a member of Victoria Police personnel, the Public Interest Monitor, the Victorian Inspectorate or IBAC; or
(b)by secure electronic means; or
(c)by telephone;
the Actmeans the Human Source Management Act 2023;
unique identifying number means a unique number or name assigned to an application for reference purposes by a member of Victoria Police personnel;
written receipt has the meaning given in regulation 5.
5Definition of written receipt
A written receipt means a receipt given by the Public Interest Monitor that specifies—
(a)the unique identifying number of the application to which the notification or documents relate; and
(b)the type of notification or documents that the Public Interest Monitor has received; and
(c)the regulation under which the notification was made or the documents were delivered (as the case may be); and
(d)if the notification included other documents, a list of those documents.
Example
An example of other documents includes a copy of an application or supporting affidavit.
6Dealing with documents and information received
(1)The Public Interest Monitor and IBAC must develop written procedures for dealing with documents and information, including the creation and maintenance of the following—
(a)an information security policy;
(b)an access control policy;
(c)procedures for monitoring access activities;
(d)procedures for ensuring that documents and information are adequately protected;
(e)a risk management policy for identifying, analysing and treating security risks to documents and information;
(f)reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect documents and information;
(g)a process of continual monitoring and improvement to mitigate and avoid information security incidents.
(2)In this regulation—
information security event means an identified occurrence of an information system, service or network state indicating—
(a)a possible breach of an information security policy; or
(b)a failure of safeguards; or
(c)a previously unknown situation that may be relevant to security;
information security incident means a single or a series of information security events that are likely to have compromised the security of information.
7Document register to be kept
The Public Interest Monitor must keep a register of—
(a)all documents that the Public Interest Monitor receives in relation to—
(i)an application to register a reportable human source; and
(ii)an emergency registration of a reportable human source; and
(b)the location of the documents specified in paragraph (a); and
(c)the date any hard copy documents are returned to the applicant.
8Storage of documents
(1)The Public Interest Monitor and IBAC must keep all documents (including all copies of applications and supporting affidavits in the possession of either the Public Interest Monitor or IBAC as the case requires) in a secure place when not in use.
(2)The secure place must be accessible only to persons entitled to access those documents.
9Information received under section 19 of the Act
(1)For the purposes of section 19 of the Act, the police officer must ensure that if a person does not need to be registered as a human source, all information received by the police officer is retained and stored in a manner that reasonably assists IBAC to perform its functions and exercise its powers under section 65 of the Act.
(2)Information referred to in subregulation (1) must include information that goes to the police officer being reasonably satisfied under section 19 of the Act that a person does not need to be registered as a human source.
10Direction documents to be given to the Victorian Inspectorate
For the purposes of section 52(3) of the Act, when the copy of a direction given under section 52(2)(b) of the Act is given to the Victorian Inspectorate, the copy must—
(a)specify the unique identifying number; and
(b)be provided by secure delivery.
11Document and information transmission
(1)Documents and information transmitted for the purposes of the Act between the Public Interest Monitor, the Victorian Inspectorate, IBAC and Victoria Police must be provided by secure delivery.
(2)Subregulation (1) does not apply to documents and information viewed or transmitted to persons from a body referred to in subregulation (1) who are physically present at that time.
(3)To avoid doubt, this regulation does not apply to documents that are purely administrative in nature.
12Notification of applications to register a reportable human source
For the purposes of section 54(2)(a) of the Act, a notification under section 54(1) of the Act must—
(a)be made by secure delivery; and
(b)include the following details—
(i)the unique identifying number;
(ii)whether the application is made under section 21 or 30A of the Act;
(iii)for the purposes of an application under section 21 of the Act, an estimate of when the Chief Commissioner will give the Public Interest Monitor the information referred to in section 54(3) of the Act;
(iv)for the purposes of an application under section 30A of the Act—
(A)whether the application was made in writing, by telephone or by other electronic communication; and
(B)an estimate of when the Chief Commissioner will give the Public Interest Monitor a copy of the application and supporting affidavit.
13Notifications related to scheduling of hearing
(1)As soon as practicable after approving the making of an application under section 30A of the Act, but before a police officer applies to the Supreme Court, the Chief Commissioner must contact the Public Interest Monitor for the purposes of ascertaining the Public Interest Monitor's availability to attend the hearing of the application.
(2)The Chief Commissioner must notify the Public Interest Monitor of the scheduled time, date and place or manner of the hearing as soon as practicable after these details are known.
14Notification of change in application details
(1)The Chief Commissioner must notify the Public Interest Monitor of a change to any of the details included in a notification under regulation 12 or 13.
(2)A notification under subregulation (1) must be made—
(a)as soon as practicable after the Chief Commissioner becomes aware of the change; and
(b)in the case of regulation 12, by secure delivery.
15Documents or information to be given to the Public Interest Monitor
(1)For the purposes of section 54(1A) of the Act, the Chief Commissioner must include the unique identifying number on the application and provide the Public Interest Monitor with the application by secure delivery.
(2)For the purposes of section 54(3) of the Act, the Chief Commissioner or a member of Victoria Police personnel must provide the Public Interest Monitor with all information—
(a)as soon as practicable after the information has been prepared but, in any case, before the making of a decision on that application; and
(b)by specifying the unique identifying number; and
(c)by secure delivery.
(3)For the purposes of section 54(4) of the Act, a member of Victoria Police personnel must provide the Public Interest Monitor with all documents and information—
(a)as soon as practicable after the documents and information have been prepared but, in any case, before the making of a decision on that application; and
(b)by specifying the unique identifying number; and
(c)by secure delivery.
16Chief Commissioner must notify Public Interest Monitor of emergency registration of reportable human sources
A notification and any report under section 56 of the Act must—
(a)be made by secure delivery; and
(b)include the following details—
(i)the unique identifying number;
(ii)whether the application was made orally, in writing or by any other means of communication.
17Notification of recommendation outcome
A notification required to be given by the Chief Commissioner to the Public Interest Monitor under section 55(2) or 57(3) of the Act must—
(a)specify the unique identification number; and
(b)be made by secure delivery.
18Notification of referral outcome
A notification required to be given by the Chief Commissioner to the Public Interest Monitor under section 58(3) of the Act must—
(a)specify the unique identification number; and
(b)be made by secure delivery.
19Confirmation of notification
The Public Interest Monitor must give the Chief Commissioner a written receipt as soon as practicable after being notified under regulation 12, 13, 14, 16, 17 or 18.
20Confirmation of provision of documents and information
(1)The Public Interest Monitor must give the Chief Commissioner a written receipt as soon as practicable after being given documents and information under regulation 15.
(2)Subregulation (1) does not apply to information given orally to the Public Interest Monitor.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Human Source Management Regulations 2024, S.R. No. 85/2024 were made on 10 September 2024 by the Governor in Council under section 90 of the Human Source Management Act 2023, No. 8/2023 and came into operation on 30 September 2024: regulation 3.
The Human Source Management Regulations 2024 will sunset 10 years after the day of making on 10 September 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Human Source Management Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
No entries at date of publication.
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