Surveillance Devices Amendment (Body-worn Cameras) Regulations 2021 (Vic)

Surveillance Devices Amendment (Body-worn Cameras) Regulations 2021

S.R. No. 169/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Prescribed purposes for the use, communication or publication of local protected information

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Endnotes

STATUTORY RULES 2021

S.R. No. 169/2021

Surveillance Devices Act 1999

Surveillance Devices Amendment (Body-worn Cameras) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 21 December 2021

Responsible Minister:

JACLYN SYMES
Attorney-General

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Surveillance Devices Regulations 2016—

(a)to prescribe the purposes for which local protected information obtained from the use of a body-worn camera or tablet computer by a police officer acting in the course of the officer's duty may be used, communicated or published; and

(b)to prescribe the purposes for which local protected information obtained from the use of a body-worn camera or tablet computer by a prescribed person, or a person belonging to a prescribed class of persons, acting in the course of the person's duties in the prescribed circumstances may be used, communicated or published.

2Authorising provision

These Regulations are made under section 37A of the Surveillance Devices Act 1999.

3Principal Regulations

In these Regulations, the Surveillance Devices Regulations 2016[1] are called the Principal Regulations.

4Definitions

In regulation 5 of the Principal Regulations—

(a)in the definition of the Act, for "1999." substitute "1999;"

(b)insert the following definition—

"Victims of Crime Assistance Tribunal means the Victims of Crime Assistance Tribunal established by the Victims of Crime Assistance Act 1996.".

5Prescribed purposes for the use, communication or publication of local protected information

(1)In regulation 11(1)(c) of the Principal Regulations, for "Police." substitute "Police;".

(2)After regulation 11(1)(c) of the Principal Regulations insert—

"(d)a proceeding for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010;

(e)a civil proceeding in which—

(i)Victoria Police or the State is a party; or

(ii)a police officer is called, or has been called, as a witness;

(f)a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;

(g)a proceeding in the Victims of Crime Assistance Tribunal;

(h)disclosure to the Secretary to the Department of Families, Fairness and Housing for the purpose of investigating whether a child is in need of protection as described in section 162 of the Children, Youth and Families Act 2005;

(i)mandatory reporting under section 184 of the Children, Youth and Families Act 2005.".

(3)After regulation 11(2)(a)(iii) of the Principal Regulations insert—

"(iv)a proceeding for a personal safety intervention order under the Personal Safety Intervention Orders Act 2010;

(v)a civil proceeding in which—

(A)Victoria Police or the State is a party; or

(B)a protective services officer within the meaning of the Victoria Police Act 2013 is called, or has been called, as a witness;

(vi)a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;

(vii)a proceeding in the Victims of Crime Assistance Tribunal;".

(4)For regulation 11(2)(b) of the Principal Regulations substitute—

"(b)in any other case—

(i)an investigation or inquest carried out under the Coroners Act 2008;

(ii)a civil proceeding in which—

(A)the employer of a person referred to as a prescribed person in regulation 10(1) or the State is a party; or

(B)a person referred to as a prescribed person in regulation 10(1) is called, or has been called, as a witness;

(iii)a proceeding in VCAT, whether in the original jurisdiction or the review jurisdiction;

(iv)a proceeding in the Victims of Crime Assistance Tribunal.".

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Endnotes

[1] Reg. 3: S.R. No. 61/2016 as amended by S.R. Nos 96/2018, 174/2018 and 42/2021.