Justice Legislation Amendment (Police and Other Matters) Act 2024 (Vic)
Justice Legislation Amendment (Police and Other Matters) Act 2024
No. 2 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Child Employment Act 2003
3Definitions
4Exemptions from WWC check
Part 3—Amendment of Fire Rescue Victoria Act 1958
5Definitions
6Minister may direct Country Fire Authority to give an allocation statement
7New section 105A inserted
8Statute law revision
Part 4—Amendment of Firearms Act 1996
9Chief Commissioner may allow a person to continue to be licensed or renew firearms licence following temporary or permanent declaration
10Requirement to keep register of transactions
11Persons from whom a dealer can acquire firearms
12Persons to whom a dealer can dispose of firearms
13Powers of entry and inspection
14Schedule 2—Special conditions for licences under Part 2
Part 5—Amendment of Road Safety Act 1986
15Use of vehicle immobilising devices
Part 6—Amendment of Terrorism (Community Protection) Act 2003
Division 1—Appointment of acting CVE MAP members
16New sections 22AYA and 22AYB inserted
Division 2—Appointment of representative for meeting of CVE MAP
17New section 22BDA inserted
18Authorised disclosers and access to information
Division 3—Central contacts
19Authorised disclosers and access to information
20Authorised discloser may require information from another authorised discloser
21Authorised discloser may disclose without request
22Authorised discloser may disclose other than for an authorised purpose
23Member of CVE MAP may require information from providers of previous services and programs
24New Subdivision 2A of Division 6 of Part 4A inserted
25Heading to new Subdivision 2B of Division 6 of Part 4A inserted
Division 4—Secretary's delegate for support and engagement orders
26Authorised disclosers and access to information
Division 5—Term of appointment of CVE MAP members
27Term of appointment
Division 6—Resolutions of the CVE MAP
28Section 22BA substituted
29Meetings of CVE MAP
30Person who is to preside at meetings of the CVE MAP
31New section 22BCA inserted
32Section 22BD substituted
Division 7—Giving evidence in court
33Section 22CP amended
34Court may hold review hearing on receiving report
35Section 22DD amended
36Section 22DM amended
37Section 22DU amended
38Relevant persons and authorised purposes
Division 8—Technical amendments
39New section 22EHA inserted
40References to disclosing information
41Statute law revisions
Part 7—Amendment of Victoria Police Act 2013
Division 1—Code of conduct
42Definitions
43Heading to Division 4 of Part 4 amended
44New sections 61A and 61B inserted
45Breaches of discipline
Division 2—Other amendments
46New section 130A inserted
47Determination of the inquiry
48New section 132A inserted
49Enforcement of the determination
50Adjournment of charge
51Charge found proven against officer
52New sections 136A to 136C inserted
53Restorative engagement process
54New sections 174PA and 174PB inserted
55Repeal of this Part
56Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—summary offence
57Unauthorised access to, use of or disclosure of police information by members or former members of Victoria Police personnel—indictable offence
57AOther authorised access to, use of or disclosure of police information
58Transitional provision—repeal of restorative engagement and redress scheme for current and former members of Victoria Police personnel
59New section 290 inserted
Part 8—Amendment of Victorian Civil and Administrative Tribunal Act 1998
60More appropriate forum
Part 9—Amendment of Worker Screening Act 2020
61Definitions
62New section 114A inserted
Part 10—Repeal of this Act
63Repeal of this Act
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Endnotes
1 General information
Justice Legislation Amendment (Police and Other Matters) Act 2024
No. 2 of 2024
[Assented to 20 February 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Child Employment Act 2003 in relation to exemptions from a WWC check; and
(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
(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.
2Commencement
(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.
PART 2—AMENDMENT OF CHILD EMPLOYMENT ACT 2003
3Definitions
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;".
4Exemptions 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
Act 2013 within 7 days after receiving notice of the suspension or revocation.Penalty:60 penalty units.".
PART 3—AMENDMENT OF FIRE RESCUE VICTORIA ACT 1958
5Definitions
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);".
6Minister 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".
7New 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.
(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.
(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.".
8Statute law revision
The heading following section 27 of the Fire Rescue Victoria Act 1958 is repealed.
PART 4—AMENDMENT OF FIREARMS ACT 1996
9Chief 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".
10Requirement 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).".
11Persons 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;".
12Persons 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.".
13Powers 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".
14Schedule 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".
PART 5—AMENDMENT OF ROAD SAFETY ACT 1986
15Use 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.
(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.".
PART 6—AMENDMENT OF TERRORISM (COMMUNITY PROTECTION) ACT 2003
Division 1—Appointment of acting CVE MAP members
16New 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.
22AYBActing 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.
(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
17New 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 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 Item | Column 2 Member of the CVE MAP | Column 3 Person who may be appointed as a representative |
| 1 | A member of the CVE MAP appointed under section 22AT | A person employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004 |
| 2 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | A member of Victoria Police personnel |
| 3 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | A person employed in the Department of that Department Head under Part 3 of the Public Administration Act 2004 |
| 4 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | A person employed in the Administrative Office of that Administrative Office Head under Part 3 of the Public Administration Act 2004 |
| 5 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | A person employed under Part 3 of the Public Administration Act 2004 for the purposes of the Corrections Act 1986 |
| 6 | A member of the CVE MAP appointed under section 22AV for whom a home entity has been specified in the member's instrument of appointment under section 22AV(2) | A person engaged (whether as an employee or otherwise) by that home entity |
(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
(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).".
18Authorised 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 appointed by a member of the CVE MAP under section 22BDA | That member's home entity". |
Division 3—Central contacts
19Authorised 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 appointed by a member of the CVE MAP under section 22ERA | That member's home entity". |
20Authorised 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.".
(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.".
21Authorised 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.".
22Authorised 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.".
23Member 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.".
24New Subdivision 2A of Division 6 of Part 4A inserted
After section 22ER of the Terrorism (Community Protection) Act 2003 insert—
"Subdivision 2A—Central contacts
22ERACVE 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 Item | Column 2 Member of the CVE MAP | Column 3 Person who may be appointed as a central contact |
| 1 | A member of the CVE MAP appointed under section 22AT | A person employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004 |
| 2 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | A member of Victoria Police personnel |
| 3 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | A person employed in the Department of that Department Head under Part 3 of the Public Administration Act 2004 |
| 4 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | A person employed in the Administrative Office of that Administrative Office Head under Part 3 of the Public Administration Act 2004 |
| 5 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | A person employed under Part 3 of the Public Administration Act 2004 for the purposes of the Corrections Act 1986 |
| 6 | A member of the CVE MAP appointed under section 22AV for whom a home entity has been specified in the member's instrument of appointment under section 22AV(2) | A person engaged (whether as an employee or otherwise) by that home entity |
(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.
22ERBCVE 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.
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.
22ERCDisclosure 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.
(2)However, in disclosing information under subsection (1), the person must not disclose information if doing so is prohibited by section 22EK.
22ERDCentral 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.".
25Heading 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".
Division 4—Secretary's delegate for support and engagement orders
26Authorised 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 Secretary has delegated a power, duty or function under section 22AQ | If the person is employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004, that Department". |
Division 5—Term of appointment of CVE MAP members
27Term 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
28Section 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.".
29Meetings 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.".
30Person 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".
31New 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.
(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.".
32Section 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
(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
33Section 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".
(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".
34Court 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".
35Section 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 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".
36Section 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".
37Section 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".
(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".
38Relevant 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
39New 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);
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.".
40References 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";
(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".
41Statute 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".
(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)".
PART 7—AMENDMENT OF VICTORIA POLICE ACT 2013
Division 1—Code of conduct
42Definitions
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;".
43Heading 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".
44New 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.
61BPersonnel 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).".
45Breaches 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
46New 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).
(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).".
47Determination 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;".
48New 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—
(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.
(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.".
49Enforcement 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.".
50Adjournment 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—
(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.".
51Charge 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;".
52New 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;
(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.
(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.
136BAction 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.
136CFailure 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).".
53Restorative 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.".
54New 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.
174PBProvision 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.".
55Repeal of this Part
In section 174R of the Victoria Police Act 2013, for "the third anniversary of its commencement" substitute "7 September 2025".
56Unauthorised 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.".
57Unauthorised 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".
57AOther 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;".
58Transitional 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.".
59New 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 Amendment (Police and Other Matters) Act 2024, the offence is taken to have been committed after that commencement.".
PART 8—AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998
60More 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).".
PART 9—AMENDMENT OF WORKER SCREENING ACT 2020
61Definitions
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;".
62New 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—
(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).".
PART 10—REPEAL OF THIS ACT
63Repeal 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).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.
Minister's second reading speech—
Legislative Assembly: 15 November 2023
Legislative Council: 30 November 2023
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."
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