Public Interest Monitor Amendment Regulations 2018 (Vic)
Public Interest Monitor Amendment Regulations 2018
S.R. No. 184/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Part 2 heading amended
7Application of Part
8Part 3 heading amended
9Notification of matters adverse to an application
10New regulation 10A inserted
11Notification of application or supporting affidavit
12New regulations 12A and 12B inserted
13Part 5 heading amended
14Public Interest Monitor not reasonably able to be contacted—application
15New regulation 15A inserted
16Confirmation of notification application or periodic review has proceeded
17Document register to be kept
18Return of application documents
19Confirmation documents have been returned
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Endnotes
STATUTORY RULES 2018
S.R. No. 184/2018
Public Interest Monitor Act 2011
Public Interest Monitor Amendment Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 24 October 2018
Responsible Minister:
GAVIN JENNINGS
Special Minister of StateANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Public Interest Monitor Regulations 2013—
(a)to prescribe the method for notifying or giving information to a Public Interest Monitor in relation to an application for a counter-terrorism intelligence protection order, police detention decision or periodic review; and
(b)to prescribe the security and record keeping obligations of Public Interest Monitors for documents and information that relate to an application for a counter-terrorism intelligence protection order, police detention decision or periodic review.
2Authorising provision
These Regulations are made under section 21 of the Public Interest Monitor Act 2011.
3Commencement
These Regulations come into operation on 24 October 2018.
4Principal Regulations
In these Regulations, the Public Interest Monitor Regulations 2013[1] are called the Principal Regulations.
5Definitions
(1)In regulation 4 of the Principal Regulations—
(a)in the definition of issuing authority—
(i)in paragraph (a)(viii), for "order;" substitute "order; or";
(ii)after paragraph (a)(viii) insert—
"(ix) a counter-terrorism intelligence protection order;";
(b)for the definition of secure delivery substitute—
"secure delivery means—
(a)in relation to an application, delivery of documents in a double-sealed envelope by either—
(i)a member of the law enforcement agency that made the application (or whom the applicant is a member of) to which the documents relate; or
(ii)a secure courier; or
(b)in relation to documents or information referred to in regulations 10A, 12A(1) and (2) and 15A(4)—
(i)in a double-sealed envelope by a member of Victoria Police personnel; or
(ii)in a double-sealed envelope by a secure courier; or
(iii)by email; or
(iv)hand delivery by a member of Victoria Police personnel;";
(c)for the definition of unique identifying number substitute—
"unique identifying number means a unique number or name assigned for reference purposes—
(a)to an application by an applicant; or
(b)to a police detention decision by a member of Victoria Police personnel;";
(d)for the definition of written receipt substitute—
"written receipt means a receipt given by a Public Interest Monitor that specifies—
(a)the unique identifying number of the application or police detention decision to which the notification or documents relate; and
(b)the type of notification or documents that the Public Interest Monitor has received and the regulation under which the notification was made or the documents were delivered (as the case may be); and
(c)if the notification included other documents, a list of those documents.
Example
A copy of an application, supporting affidavit or further information requested by the issuing authority.".
(2)In regulation 4 of the Principal Regulations insert the following definitions—
"counter-terrorism intelligence protection orderhas the same meaning as it has insection 25(1) of the Terrorism (Community Protection) Act 2003;
nominated senior police officer has the same meaning as it has in section 3(1) of the Terrorism (Community Protection) Act 2003;
periodic review has the same meaning as it has in section 3(1) of the Terrorism (Community Protection) Act 2003;
police detention decision has the same meaning as it has in section 3(1) of the Terrorism (Community Protection) Act 2003;".
6Part 2 heading amended
In the heading to Part 2 of the Principal Regulations omit "RELEVANT".
7Application of Part
In regulation 5(d) of the Principal Regulations, for "13M(4A) and 13O(7A)" substitute "13M(4A), 13O(7A) and 26".
8Part 3 heading amended
In the heading to Part 3 of the Principal Regulations, for "MATTERS ADVERSE TO AN APPLICATION" substitute "ADVERSE MATTERS".
9Notification of matters adverse to an application
(1)In the heading to regulation 10 of the Principal Regulations, for "a relevant application" substitute "an application".
(2)In regulation 10(2) of the Principal Regulations, for "a relevant application" substitute "an application".
10New regulation 10A inserted
After regulation 10 of the Principal Regulations insert—
"10A Notification of matters adverse to the making of a police detention decision or conduct of a periodic review
(1)A person to whom section 4I(1) of the Terrorism (Community Protection) Act 2003 applies must notify a Public Interest Monitor by stating those matters in writing, or confirming in writing that the person is not aware of any such matters (as the case may be).
(2)A notification under subregulation (1) must be made by secure delivery.".
11Notification of application or supporting affidavit
In regulation 11(2)(b)(i) of the Principal Regulations omit "relevant".
12New regulations 12A and 12B inserted
After regulation 12 of the Principal Regulations insert—
"12A Documents provided in relation to a police detention decision or periodic review
(1)A copy of the written record of a police detention decision to be given to a Public Interest Monitor under section 4L of the Terrorism (Community Protection) Act 2003 must be provided by secure delivery.
(2)If a Public Interest Monitor requests access to any document or information under section 4M of the Terrorism (Community Protection) Act 2003 and access is to be provided by delivery to the Public Interest Monitor, delivery must—
(a)take place as soon as practicable but be before the conduct of the periodic review in relation to which the request was made; and
(b)be by secure delivery.
12BConfirmation of receipt of documents provided in relation to a police detention decision or periodic review
A Public Interest Monitor must give the authorised police officer or nominated senior police officer who provided delivery of a document in accordance with regulation 12A a written receipt as soon as practicable after receiving the document.".
13Part 5 heading amended
In the heading to Part 5 of the Principal Regulations, after "APPLICATIONS" insert "AND CONDUCT OF PERIODIC REVIEWS".
14Public Interest Monitor not reasonably able to be contacted—application
(1)In the heading to regulation 15 of the Principal Regulations, for "contacted" substitute "contacted—application".
(2)In regulation 15(2)(b) and (3)(b)(i) of the Principal Regulations, for "a relevant application" substitute "an application".
15New regulation 15A inserted
After regulation 15 of the Principal Regulations insert—
"15A Public Interest Monitor not reasonably able to be contacted—periodic review
(1)The circumstances under which a Public Interest Monitor is not reasonably able to be contacted in relation to a periodic review include the following—
(a)a nominated senior police officer has made reasonable attempts to comply with the notification requirements under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 and the regulations made under that Act but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;
(b)a nominated senior police officer has notified a Public Interest Monitor under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 and the regulations made under that Act but a Public Interest Monitor has not tested the content and sufficiency of the information to be relied on or made any submissions in relation to the conduct of the periodic review.
(2)A notification that a periodic review has proceeded without a Public Interest Monitor must be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—
(a)in a double-sealed envelope by a member of Victoria Police personnel;
(b)in a double-sealed envelope by a secure courier;
(c)email;
(d)hand delivery by a member of Victoria Police personnel.
(3)A notification under subregulation (2) must specify the following details—
(a)the unique identifying number of the police detention decision to which the periodic review relates;
(b)the date and time of the periodic review;
(c)the outcome of the periodic review.
(4)If a nominated senior police officer is required to give a Public Interest Monitor information requested by the Public Interest Monitor, the nominated senior police officer must do so by notifying the Public Interest Monitor—
(a)as soon as practicable after the request is made; and
(b)by secure delivery.
Note
See sections 4K(3)(b)(ii) and 4M of the Terrorism (Community Protection) Act 2003.
(5)A notification under subregulation (4) must—
(a)specify the unique identifying number of the police detention decision to which the periodic review relates; and
(b)include a copy of the requested information.".
16Confirmation of notification application or periodic review has proceeded
(1)In the heading to regulation 16 of the Principal Regulations, after "application" insert "or periodic review".
(2)At the end of regulation 16 of the Principal Regulations insert—
"(2)A Public Interest Monitor must give a nominated senior police officer a written receipt as soon as practicable after being notified under regulation 15A(2) or (4).".
17Document register to be kept
For regulation 24(a) of the Principal Regulations substitute—
"(a) all documents that a Public Interest Monitor receives in relation to each—
(i)relevant application; and
(ii)application for a counter-terrorism intelligence protection order; and
(iii)police detention decision; and
(iv)periodic review;".
18Return of application documents
In regulation 26 of the Principal Regulations, for "an application" substitute "a relevant application, application for a counter-terrorism intelligence protection order".
19Confirmation documents have been returned
(1)After regulation 27(1) of the Principal Regulations insert—
"(1A)An authorised police officer or a nominated senior police officer must notify a Public Interest Monitor as soon as practicable after receiving a document under section 4N(1) of the Terrorism (Community Protection) Act 2003.".
(2)In regulation 27(2) of the Principal Regulations—
(a)after "subregulation (1)" insert "or (1A)";
(b)in paragraph (b) omit "application's";
(c)in paragraph (d), for "relevant application" substitute "application, police detention decision or periodic review".
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Endnotes
[1] Reg. 4: S.R. No. 8/2013.
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