Public Interest Monitor Act 2011 (Vic)

Version No. 010

Public Interest Monitor Act 2011

No. 72 of 2011

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Objects

4Definitions

5Act binds the Crown

Part 2—Appointment of Public Interest Monitor

6Principal Public Interest Monitor

7Deputy Public Interest Monitors

8Eligibility for appointment

9Terms and conditions of appointment

10Remuneration

11Acting Principal Public Interest Monitor

12Vacancy and resignation

13Suspension and removal from office

Part 3—Functions of a Public Interest Monitor

14Functions of Public Interest Monitor

15Guidelines

16Conflict of interest

17Confidentiality

17AImmunity

Part 4—General

18Freedom of Information Act 1982 not to apply to a Public Interest Monitor

19Annual report

20Minister to lay annual reports before each House of the Parliament

21Regulations

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 010

Public Interest Monitor Act 2011

No. 72 of 2011

Version incorporating amendments as at

10 February 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to establish the offices of Principal Public Interest Monitor and Deputy Public Interest Monitors; and

(b)to confer functions on those Public Interest Monitors under this Act and under—

(i)the Major Crime (Investigative Powers) Act 2004; and

(ii)the Surveillance Devices Act 1999; and

(iii)the Telecommunications (Interception) (State Provisions) Act 1988; and

(iv)the Terrorism (Community Protection) Act 2003.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Objects

(1)The object of this Act is to provide further safeguards for applications for the following—

(a)coercive powers orders;

(b)surveillance device warrants;

(c)retrieval warrants;

(d)assistance orders;

(e)approval of emergency authorisations;

(f)telecommunications interception warrants;

(fa)international production orders;

(fb)counter‑terrorism intelligence protection orders;

(g)covert search warrants;

(h)preventative detention orders;

(i)prohibited contact orders;

(j)an extension, variation, renewal or revocation of an order, warrant or approval referred to in paragraphs (a) to (i), other than a counter‑terrorism intelligence protection order.

(2)It is also an object of this Act to provide further safeguards for—

(a)police detention decisions; and

(b)periodic reviews.

4Definitions

In this Act—

assistance order has the same meaning as it has in the Surveillance Devices Act 1999;

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coercive powers order has the same meaning as it has in the Major Crime (Investigative Powers) Act 2004;

counter-terrorism intelligence protection order has the same meaning as in the Terrorism (Community Protection) Act 2003;

covert search warrant means a covert search warrant under Part 2 of the Terrorism (Community Protection) Act 2003;

Deputy Public Interest Monitor means a Deputy Public Interest Monitor appointed under section 7;

emergency authorisation has the same meaning as it has in the Surveillance Devices Act 1999;

international production order has the same meaning as it has in Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;

periodic review has the same meaning as it has in the Terrorism (Community Protection) Act 2003;

police detention decision has the same meaning as it has in the Terrorism (Community Protection) Act 2003;

preventative detention order has the same meaning as it has in Part 2A of the Terrorism (Community Protection) Act 2003;

prohibited contact order has the same meaning as it has in Part 2A of the Terrorism (Community Protection) Act 2003;

Principal Public Interest Monitor means the Principal Public Interest Monitor appointed under section 6;

Public Interest Monitor means—

(a)the Principal Public Interest Monitor; or

(b)a Deputy Public Interest Monitor;

relevant application means an application for—

(a)a coercive powers order;

(b)a surveillance device warrant;

(c)a retrieval warrant;

(d)an assistance order;

(e)an approval of an emergency authorisation;

(f)a telecommunications interception warrant;

(fa)an international production order;

(g)a covert search warrant;

(h)a preventative detention order;

(i)a prohibited contact order;

(ia)a counter-terrorism intelligence protection order;

(j)an extension, variation, renewal or revocation of an order, warrant or approval referred to in paragraphs (a) to (i);

retrieval warrant has the same meaning as it has in the Surveillance Devices Act 1999;

surveillance device warrant has the same meaning as it has in the Surveillance Devices Act 1999;

telecommunications interception warrant has the same meaning as warrant has in the Telecommunications (Interception) (State Provisions) Act 1988.

5Act binds the Crown

This Act binds the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

PART 2—APPOINTMENT OF PUBLIC INTEREST MONITOR

6Principal Public Interest Monitor

The Governor in Council may appoint a person as the Principal Public Interest Monitor.

7Deputy Public Interest Monitors

The Governor in Council may appoint one or more persons as Deputy Public Interest Monitors.

8Eligibility for appointment

(1)A Public Interest Monitor must be an Australian lawyer.

(2)A person who is a member of the Parliament of Victoria or of the Commonwealth or of another State or Territory is not eligible to be appointed as a Public Interest Monitor.

(3)A Public Interest Monitor must not be any of the following—

(a)the Director of Public Prosecutions;

(b)the Solicitor for Public Prosecutions;

(c)any person appointed under the Public Prosecutions Act 1994;

(d)a person who is employed in, or seconded to, the Office of Public Prosecutions;

(e)a person who—

(i)is eligible to make a relevant application; or

(ii)is employed in or by, or seconded to, a body that is eligible to make a relevant application.

9Terms and conditions of appointment

(1)The appointment of a Public Interest Monitor is to be for the period, not exceeding 3 years, set out in the instrument of appointment.

(2)The appointment of a Public Interest Monitor is to be on the terms and conditions set out in the instrument of appointment.

(3)A Public Interest Monitor may be reappointed.

(4)The Public Administration Act 2004 does not apply to a Public Interest Monitor.

10Remuneration

(1)A Public Interest Monitor is entitled to be paid the remuneration and allowances that are determined from time to time in respect of that Public Interest Monitor by the Governor in Council.

(2)The remuneration of a Public Interest Monitor cannot be reduced during his or her period of appointment, unless he or she consents to the reduction.

11Acting Principal Public Interest Monitor

(1)The Governor in Council may appoint a person qualified to be appointed as a Public Interest Monitor to act as the Principal Public Interest Monitor—

(a)during a vacancy in the office of the Principal Public Interest Monitor; or

(b)during any period, or all periods, when the Principal Public Interest Monitor is absent from duty or from the State or, for another reason, is unable to perform the duties of the office.

(2)The appointment is to be for a period, not exceeding 6 months, set out in the instrument of appointment.

(3)The appointment is to be on the same terms and conditions as the Principal Public Interest Monitor.

12Vacancy and resignation

A Public Interest Monitor ceases to hold office if he or she—

(a)resigns by notice in writing delivered to the Governor; or

(b)becomes an insolvent under administration; or

(c)is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d)nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or

(e)is appointed as—

(i)the Director of Public Prosecutions; or

(ii)the Solicitor for Public Prosecutions; or

(f)is appointed under the Public Prosecutions Act 1994; or

(g)is employed in, or seconded to, the Office of Public Prosecutions; or

(h)becomes a person who—

(i)is eligible to make a relevant application; or

(ii)is employed in or by, or seconded to, a body that is eligible to make a relevant application; or

(i)ceases to be an Australian lawyer; or

(j)is removed from office under section 13.

13Suspension and removal from office

(1)The Governor in Council may suspend or remove the Principal Public Interest Monitor or a Deputy Public Interest Monitor from office on any ground on which the Governor in Council is satisfied that the Public Interest Monitor is unfit to hold office.

(2)If the Principal Public Interest Monitor or a Deputy Public Interest Monitor is suspended from office under subsection (1), he or she is taken not to be the Principal Public Interest Monitor or a Deputy Public Interest Monitor (as the case requires) during the period of suspension.

PART 3—FUNCTIONS OF A PUBLIC INTEREST MONITOR

14Functions of Public Interest Monitor

A Public Interest Monitor has the following functions—

(a)to appear at any hearing of a relevant application to test the content and sufficiency of the information relied on and the circumstances of the application; and

(b)for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

(i)to ask questions of any person giving information in relation to the application; and

(ii)to make submissions as to the appropriateness of granting the application; and

(c)any other functions conferred on a Public Interest Monitor under any Act or law.

15Guidelines

The Principal Public Interest Monitor may issue guidelines about how a Deputy Public Interest Monitor is to perform his or her functions.

16Conflict of interest

(1)A Public Interest Monitor must avoid any actual or potential conflict of interest with his or her role as a Public Interest Monitor.

(2)A Public Interest Monitor may declare that he or she is unable to perform the functions of a Public Interest Monitor in relation to a matter if the Public Interest Monitor believes that he or she has an actual or potential conflict of interest in relation to that matter.

(3)If the Principal Public Interest Monitor makes a declaration under subsection (2), he or she may arrange for a Deputy Public Interest Monitor to perform the functions of the Principal Public Interest Monitor in relation to the matter.

(4)If a Deputy Public Interest Monitor makes a declaration under subsection (2), the Principal Public Interest Monitor may arrange for another Public Interest Monitor to perform the functions of the Deputy Public Interest Monitor in relation to the matter.

17Confidentiality

(1)A person who is or was a Public Interest Monitor or assists or assisted a Public Interest Monitor must not disclose information obtained or that came to the person's knowledge in the course of or as a result of his or her role, or the performance of his or her functions, as a Public Interest Monitor or in assisting a Public Interest Monitor.

Penalty:240 penalty units or imprisonment for 2 years or both.

(2)Subsection (1) does not apply to the disclosure of information, other than lawfully intercepted information or protected information the disclosure of which is prohibited by section 63 of, or clause 152 of Schedule 1 to, the Telecommunications (Interception and Access) Act 1979 of the Commonwealth, by a Public Interest Monitor—

(a)in the performance of their functions as a Public Interest Monitor, including the disclosure of information—

(i)to a person assisting the Public Interest Monitor in the performance of their functions; or

(ii)to another Public Interest Monitor; or

(iii)to an Australian legal practitioner for the purpose of obtaining legal advice; or

(b)to Integrity Oversight Victoria to assist it in the performance of its functions under section 11(2)(g) and (h) of the Integrity Oversight Victoria Act 2011.

(3)A person who is or was a Public Interest Monitor or a person assisting or who assisted a Public Interest Monitor is not compellable to disclose information obtained, or that came to the person's knowledge, in the course of or as a result of performing his or her functions or assisting a Public Interest Monitor in any proceedings before a court, board, commission or tribunal.

(4)In this section—

lawfully intercepted information has the meaning given by section 6E of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;

protected information has the meaning given by clause 2 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.

17AImmunity

(1)A Public Interest Monitor is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a)in the performance of a function or the exercise of a power under this Act; or

(b)in the reasonable belief that the act or omission was in the course of the performance of a function or the exercise of a power under this Act.

(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to a Public Interest Monitor attaches instead to the State.

PART 4—GENERAL

18Freedom of Information Act 1982 not to apply to a Public Interest Monitor

A Public Interest Monitor is not, and cannot be declared to be, a prescribed authority for the purposes of the Freedom of Information Act 1982.

19Annual report

(1)The Principal Public Interest Monitor must give the Minister a report on the performance of the functions of the Public Interest Monitors during each financial year.

(2)A report for a financial year must be given as soon as practicable, but within 4 months after the end of the financial year.

(3)A report for a financial year must include—

(a)the total number of relevant applications in respect of which a Public Interest Monitor appeared at a hearing during that year; and

(b)the number of relevant applications by each law enforcement agency in respect of which a Public Interest Monitor appeared at a hearing during that year; and

(c)the number of orders made, warrants issued or authorisations approved on relevant applications by each law enforcement agency during that year; and

(d)the number of relevant applications made by telephone during that year; and

(e)the number of relevant applications by each law enforcement agency that were refused or withdrawn during that year; and

(f)the number of notifications in relation to police detention decisions under Division 2 of Part 1A of the Terrorism (Community Protection) Act 2003; and

(g)the number of submissions made in relation to the conduct of periodic reviews under section 4K of the Terrorism (Community Protection) Act 2003.

(4)A report must not contain information that—

(a)discloses or may lead to the disclosure

of the identity of any person involved in an investigation relating to a relevant application made by a law enforcement agency; or

(b)indicates that a particular investigation has been, is being, or is to be conducted.

(4A)A report for a financial year must not include information concerning the functions of the Public Interest Monitor under the Witness Protection Act 1991 that would—

(a)prejudice a criminal investigation, criminal proceeding or other legal proceeding of which the Public Interest Monitor is aware; or

(b)compromise the operational activities or methodologies of Victoria Police or of any authority or body referred to in the definition of approved authority in section 3(1) of the Witness Protection Act 1991; or

(c)disclose information about the identity or location, or compromise the security, of a person—

(i)who is or has been included in the Victorian witness protection program, within the meaning of the Witness Protection Act 1991; or

(ii)to whom alternative protection arrangements, within the meaning of the Witness Protection Act 1991, are being or have been provided.

(5)In subsection (3)—

law enforcement agency means a person or body who or which is eligible to make a relevant application.

20Minister to lay annual reports before each House of the Parliament

(1)The Minister must cause the report to be laid before each House of the Parliament within 14 sitting days of the House after receiving the report.

(2)If the Minister proposes to transmit the report to the Parliament on a day on which neither House of the Parliament is actually sitting, the Minister must—

(a)give a copy of the report to the clerk of each House of the Parliament; and

(b)publish the report on a Government Internet site as soon as practicable after giving it to the clerks.

(3)The clerk of each House must—

(a)notify each member of the House of the receipt of the report under subsection (2)(a) on the same day that the clerk receives that report; and

(b)make copies of the report available to each member of the House as soon as practicable after the report is received under subsection (2)(a); and

(c)cause the report to be laid before the House on the next sitting day of the House.

(4)A report that is given to the clerks under subsection (2)(a) is taken to have been published by order, or under the authority, of the Houses of Parliament.

(5)The publication of a report by the Minister under subsection (2)(b) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.

21Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act including regulations relating to the following—

(a)the requirements for transmission, disposal and storage of documents or information that a Public Interest Monitor receives in performing his or her functions;

(b)the notifications required to be given to a Public Interest Monitor under—

(i)the Major Crime (Investigative Powers) Act 2004; and

(ii)the Surveillance Devices Act 1999; and

(iii)the Telecommunications (Interception) (State Provisions) Act 1988; and

(iv)the Terrorism (Community Protection) Act 2003.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 25 October 2011

Legislative Council: 10 November 2011

The long title for the Bill for this Act was "A Bill for an Act to establish a Principal Public Interest Monitor and Deputy Public Interest Monitors and to confer functions on those Public Interest Monitors under the Act and under the Major Crime (Investigative Powers) Act 2004, the Surveillance Devices Act 1999, the Telecommunications (Interception) (State Provisions) Act 1988 and the Terrorism (Community Protection) Act 2003, to amend other Acts and for other purposes."

The Public Interest Monitor Act 2011 was assented to on 6 December 2011 and came into operation as follows:

Sections 1–13, 15–21, 52 and 53 on 18 September 2012: Special Gazette (No. 316) 18 September 2012 page 1; ss 14, 22–51 and 54 on 10 February 2013: Special Gazette (No. 32) 6 February 2013 page 2.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Public Interest Monitor Act 2011 by Acts and subordinate instruments.

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Public Interest Monitor Act 2011, No. 72/2011

Assent Date:	6.12.11
Commencement Date:	S. 54 on 10.2.14: s. 54
Current State:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 166 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 80) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	Ss 71–74 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Witness Protection Amendment Act 2016, No. 34/2016

Assent Date:	15.6.16
Commencement Date:	S. 32 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	S. 146 on 1.1.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Terrorism (Community Protection) Amendment Act 2021, No. 47/2021

Assent Date:	3.11.21
Commencement Date:	S. 29 on 24.2.22: Special Gazette (No. 87) 22.2.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	Ss 27–30 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 29) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Interest Monitor Act 2011

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3   Explanatory details

No entries at date of publication.