Terrorism (Community Protection) Amendment Act 2021 (Vic)

Terrorism (Community Protection) Amendment Act 2021

No. 47 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Principal Act

Division 1—Countering violent extremism

4Purposes

5Definitions

6New Part 4A inserted

7New Division 1AA of Part 5 inserted

8Application for counter-terrorism intelligence protection order

9Determining protection application

10Admissibility of protected counter-terrorism intelligence

11Heading to Division 3 of Part 5 amended

12Sections 30 and 31 substituted

13New sections 31A and 31B inserted

14Appointment of special counsel

15Role of special counsel

16Section 34 substituted

17Offence to enter closed court

18Offence to publish report of hearing

19Disclosure, receipt or solicitation of other confidential material

Division 2—Other amendments

20Definition of corresponding preventative detention law

21Statute law revision

22References to the Secretary

23New section 38A inserted

24Expiry

Part 3—Related amendments to other Acts

25Children, Youth and Families Act 2005

26Health Records Act 2001

27Magistrates' Court Act 1989

28Privacy and Data Protection Act 2014

29Public Interest Monitor Act 2011

Part 4—Amendment of Victorian Institute of Forensic Medicine Act 1985

30Reference to Community Services Act 1970

Part 4A—Amendment of the Juries Act 2000

30AQuestionnaire

30BSummons

30CObligation to answer questions or produce document

30DNew section 101 inserted

Part 5—Repeal of this Act

31Repeal of this Act

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Endnotes

1      General information

Terrorism (Community Protection) Amendment Act 2021

No. 47 of 2021

[Assented to 3 November 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Terrorism (Community Protection) Act 2003—

(i)to establish the Countering Violent Extremism Multi-Agency Panel; and

(ii)to provide for the voluntary case management of persons who are radicalising towards violent extremism, or who are at risk of doing so; and

(iii)to provide for the making of support and engagement orders to address the underlying causes of persons radicalising towards violent extremism; and

(iv)to expand the scheme that provides for the protection of counter-terrorism intelligence; and

(v)to require a further review of the operation of the Act; and

(vi)to delay the expiry of the Act; and

(b)to make consequential and related amendments to certain other Acts; and

(ba)to amend the Juries Act 2000 to provide for the Juries Commissioner to exempt a person or a class of persons from selection to be summoned for jury service based on health, safety or welfare concerns; and

(c)to amend the Victorian Institute of Forensic Medicine Act 1985 to update a reference to a repealed Act.

2Commencement

(1)This Part, Part 4, Part 4A and sections 23 and 24 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (2), the remaining provisions of this Act comes into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 2 September 2022, it comes into operation on that day.

3Principal Act

In this Act, the Terrorism (Community Protection) Act 2003 is called the Principal Act.

Part 2—Amendment of Principal Act

Division 1—Countering violent extremism

4Purposes

After section 1(ba) of the Principal Act insert—

"(bb)to establish the Countering Violent Extremism Multi-Agency Panel; and

(bc)to provide for the voluntary case management of persons who are—

(i)at risk of radicalising towards violent extremism; or

(ii)radicalising towards violent extremism; and

(bd)to provide for the application for, and the making of, support and engagement orders to address the underlying causes of persons who are radicalising towards violent extremism; and".

5Definitions

(1)In section 3(1) of the Principal Act, in the definition of counter-terrorism intelligence protection order, for "25(1);" substitute "25(1B);".

(2)In section 3(1) of the Principal Act, in the definition of substantive application—

(a)in paragraph (e), after "order;" insert "or";

(b)after paragraph (e) insert—

"(f)a support and engagement order; or

(g)the variation, extension or revocation of a support and engagement order;".

(3)In section 3(1) of the Principal Act insert the following definitions—

"Secretary means the Secretary to the Department of Justice and Community Safety;

SEO review hearing means a review hearing that the Magistrates' Court or the Children's Court has directed, under section 22CW(1), is to be held;

substantive application or hearing means—

(a)a substantive application; or

(b)an SEO review hearing;

support and engagement order has the same meaning as it has in Part 4A;".

(4)In section 3(2) of the Principal Act—

(a)in paragraph (b), for "13M." substitute "13M; and";

(b)after paragraph (b) insert—

"(c)applications under sections 22CK, 22DA, 22DH and 22DR.".

6New Part 4A inserted

After Part 4 of the Principal Act insert—

"Part 4A—Countering violent extremism

Division 1—Preliminary

22AObjectives of Part

The objectives of this Part are to provide for early interventions that—

(a)advance the welfare of persons who are, or who are at risk of, radicalising towards violent extremism, including by—

(i)preventing people who are radicalising towards violent extremism from radicalising further; and

(ii)connecting, or reconnecting, those persons with the community and positive support networks; and

(b)by doing so, protect the community from the threat of violent extremism.

22ABDefinitions

In this Part—

appropriate registrar, for a court, means the registrar for that court or at the proper venue of the court;

court means—

(a)in relation to a support and engagement order made by the Magistrates' Court (or an application in respect of such an order), that Court; and

(b)in relation to a support and engagement order made by the Children's Court (or an application in respect of such an order), that Court;

CVE MAP means the panel established by section 22AR;

extremist material has the meaning given by section 22AC;

information sharing entity means an entity—

(a)that is prescribed; or

(b)that is of a class that is prescribed—

for the purposes of this definition;

member of the CVE MAP means a person appointed to the CVE MAP under section 22AT, 22AU or 22AV;

mental health professional means—

(a)a registered psychologist within the meaning of the Mental Health Act 2014; or

(b)a psychiatrist within the meaning of that Act; or

(c)any other mental health practitioner within the meaning of that Act;

participant has the meaning set out in section 22AD;

program provider has the meaning set out in section 22AE;

proper venue—

(a)in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the Magistrates' Court Act 1989; and

(b)in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the Children, Youth and Families Act 2005;

prospective participant has the meaning given by section 22AF;

radicalising towards violent extremism has the meaning given by section 22AG;

referred person means a person about whom a referral has been made under section 22BH but not yet accepted or refused under section 22BJ;

respondent has the meaning given by section 22AH;

support and engagement order has the meaning given by section 22AI;

support and engagement plan has the meaning given by section 22AJ;

supported person means a person in respect of whom a support and engagement order is in force;

therapeutic purpose has the meaning given by section 22AK;

underlying cause of a person's radicalisation towards violent extremism has the meaning given by section 22AL;

voluntary case management plan has the meaning given by section 22AM.

22ACMeaning of extremist material

(1)For the purposes of this Part, extremist material means—

(a)material that a reasonable person would understand to be—

(i)directly or indirectly encouraging, glorifying, promoting or condoning a terrorist act; or

(ii)seeking support for, or justifying, the carrying out of a terrorist act; or

(b)material that a reasonable person would suspect has been produced or distributed by a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth).

(2)For the purposes of subsection (1)(a)(i) and (ii), it does not matter whether a particular terrorist act is or can be identified in or from the material.

(3)Despite subsection (1), a publication, film or computer game that is classified, within the meaning of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995, with a classification other than RC is not extremist material for the purposes of this Part.

22ADMeaning of participant

For the purposes of this Part—

(a)a person is a participant if the person (and, if the person is younger than 15 years of age, one of their parents or guardians) has given informed consent in accordance with section 22BO; and

(b)the person ceases to be a participant once the voluntary case management plan that was in force in respect of them ceases to be in force.

22AEMeaning of program provider

(1)For the purposes of this Part, program provider means a person who—

(a)provides a participant or a supported person with a service specified in a voluntary case management plan or a support and engagement plan; or

(b)administers a program specified in a voluntary case management plan or a support and engagement plan as a program in which a participant or a supported person is to participate; or

(c)is engaged (whether as an employee, a volunteer or otherwise)—

(i)by an entity that does a thing described in paragraph (a) or (b); and

(ii)in connection with the doing of that thing.

(2)For the purposes of this Part, a program provider is a program provider in respect of another person if the provider—

(a)provides that other person with a service as described in subsection (1)(a); or

(b)administers a program in which that other person is to participate as described in subsection (1)(b); or

(c)is engaged, as described in subsection (1)(c)—

(i)by an entity that does a thing described in paragraph (a) or (b); and

(ii)in connection with the doing of that thing.

22AFMeaning of prospective participant

For the purposes of this Part, a person is a prospective participant if—

(a)a referral in respect of that person has been accepted under section 22BJ; and

(b)informed consent under section 22BO has not yet been given by the person (and, if the person is younger than 15 years of age, one of their parents or guardians); and

(c)the Secretary has not yet recorded, under section 22BQ, that the endeavours to obtain informed consent in respect of that person have failed.

22AGMeaning of radicalising towards violent extremism

(1)For the purposes of this Part, radicalising towards violent extremism means the process of coming to support the commission of an act that falls within section 4(2), and does not fall within section 4(3), as a means of—

(a)advancing a political, religious or ideological cause; or

(b)coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(c)intimidating the public or a section of the public.

(2)A person may be radicalising towards violent extremism for the purposes of this Part even though they have not—

(a)identified or considered a particular act—

(i)that is of the kind described in subsection (1); and

(ii)that they are in the process of coming to support as a means of doing a thing described in subsection (1)(a), (b) or (c); or

(b)done an act in preparation for, or in the planning of, a terrorist act; or

(c)possessed or had under their control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

(d)committed an offence.

(3)A behaviour engaged in with any of the following intentions may, in certain circumstances, indicate that the person engaging in that behaviour is radicalising towards violent extremism—

(a)the intention of advancing a political, religious or ideological cause; or

(b)the intention of coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(c)the intention of intimidating the public or a section of the public.

(4)Without limiting subsection (3), any of the following behaviours engaged in with an intention set out in that subsection may, in certain circumstances, indicate that the person engaging in that behaviour is radicalising towards violent extremism—

(a)making, collecting, disseminating, endorsing or participating in the production of extremist material;

(b)making, disseminating or endorsing—

(i)statements expressing hatred, serious contempt, revulsion or severe ridicule of the public or a section of the public; or

(ii)statements supportive of the commission of an act that would create a serious risk to the health or safety of the public or a section of the public and does not fall within section 4(3); or

(iii)statements of racial or religious vilification—

where those statements reflect an intention specified in subsection (3);

(c)associating with individuals already radicalised towards violent extremism.

(5)For the purposes of subsections (3) and (4), it does not matter whether the behaviour was engaged in by way of an electronic communication within the meaning of the Electronic Transactions (Victoria) Act2000.

22AHWho is a respondent to an application?

For the purposes of this Part, the respondent to an application for a support and engagement order is the person in respect of whom it is proposed that the order be made.

22AIWhat is a support and engagement order?

A support and engagement order is an order that requires the person in respect of whom it is made to comply with—

(a)the support and engagement plan that is attached to the order; and

(b)the other conditions imposed on the order.

22AJWhat is a support and engagement plan?

(1)A support and engagement plan is a plan that—

(a)is, or is proposed to be, attached to a support and engagement order; and

(b)is designed to achieve a therapeutic purpose for a person who is, or who is proposed to be, a supported person; and

(c)for that purpose, sets out the material described in subsections (2) and (3).

(2)A support and engagement plan must set out—

(a)the services and programs with which the supported person is required to engage in order to achieve a therapeutic purpose for the person; and

Examples

1Services provided by a mental health professional or a social worker in the practice of their profession.

2Medical or health services.

3Drug and alcohol treatment services.

4Housing services (including services to assist homeless persons).

5Services provided by a counsellor, therapist or other practitioner to facilitate the making of decisions by or in a family, known as family group conferencing.

6Employment services.

7Educational programs.

8Programs to address social isolation.

9Programs to address exposure to ideologies that are radical and violent.

(b)how often, or when, that engagement must occur.

(3)A support and engagement plan may also set out—

(a)required or permissible modes of engagement with those services and programs; and

Example

The plan may require that the supported person attend a particular service in person or may permit the person to attend the service remotely.

(b)the outcomes that are to constitute satisfactory engagement with those services and programs.

(4)Without limiting subsection (3)(b), a support and engagement plan may provide that the completion of a service or program to the satisfaction of the provider of the service or program is to constitute satisfactory engagement with the service or program.

(5)A reference in this Part to a support and engagement plan that applies to a supported person is the support and engagement plan that is attached to the support and engagement order that is in force for that supported person.

22AKWhen is a thing done to achieve a therapeutic purpose?

(1)For the purposes of this Part, a thing is done or designed to achieve a therapeutic purpose for a person if it is done or designed—

(a)to address—

(i)the underlying causes of the person's radicalisation towards violent extremism; and

(ii)other factors which may make the person more susceptible to radicalisation towards violent extremism; and

(b)by doing so—

(i)to prevent the person from radicalising towards violent extremism; and

(ii)to have the person become less radicalised towards violent extremism.

(2)Without limiting subsection (1)(a), a thing may be done or designed to address the underlying causes of a person's radicalisation towards violent extremism if it provides for the person to be connected with—

(a)the community; or

(b)a positive support network.

22ALMeaning of underlying cause of radicalisation towards violent extremism

(1)For the purposes of this Part, a thing that is a cause of a person undergoing the process described in section 22AG(1) is an underlying cause of that person radicalising towards violent extremism.

(2)Without limiting subsection (1), in a person's particular circumstances, any of the following things may be an underlying cause of the person radicalising towards violent extremism—

(a)unemployment;

(b)the use of drugs or alcohol;

(c)mental illness (within the meaning of the Mental Health Act 2014);

(d)homelessness;

(e)social isolation.

(3)Nothing in subsection (2) means that a thing listed in one of that subsection's paragraphs will be or must be, in every case, an underlying cause of a particular person radicalising towards violent extremism.

22AMWhat is a voluntary case management plan?

(1)A voluntary case management plan is a plan that—

(a)is designed to—

(i)mitigate the extent to which a person who is, or who is proposed to be, a participant is at risk of radicalising towards violent extremism; or

(ii)achieve a therapeutic purpose for a person who is, or who is proposed to be, a participant; and

(b)for that purpose, sets out the material described in subsections (2) and (3).

(2)A voluntary case management plan must set out—

(a)the services and programs with which the participant is to engage in order to either—

(i)mitigate the extent to which the participant is at risk of radicalising towards violent extremism; or

(ii)to achieve a therapeutic purpose for the participant; and

Examples

The services and programs set out in the examples at the foot of section 22AJ(2)(a).

(b)how often, or when, that engagement is to occur.

(3)A voluntary case management plan may also set out—

(a)the ways in which the participant is to engage with those services and programs; and

Example

The plan may set out that the person is to attend a particular service in person or may permit the person to attend the service remotely.

(b)the outcomes that are to constitute satisfactory engagement with those services and programs.

(4)Without limiting subsection (3)(b), a voluntary case management plan may provide that the completion of a service or program to the satisfaction of the provider of the service or program is to constitute satisfactory engagement with the service or program.

(5)A reference in this Part to a voluntary case management plan that applies to a participant, or that is in force, is to be read in accordance with sections 22BR(3) and 22BW(3).

Division 2—Functions of the Secretary

22ANFunctions of Secretary for voluntary case management plans

The functions of the Secretary in relation to voluntary case management are the following—

(a)to determine, under section 22BJ, whether to approve or refuse referrals for voluntary case management;

(b)to determine, under section 22BK, whether to approve or refuse proposed voluntary case management plans;

(c)to request, under section 22BO, that informed consent be given to voluntary case management and determine when endeavours to obtain that consent have failed;

(d)to review voluntary case management plans under section 22BT;

(e)to determine whether to vary voluntary case management plans under section 22BV;

(f)to determine whether to revoke voluntary case management plans under section 22CA;

(g)to review the operation of Division 4 from time to time under section 22CE.

22AOSecretary may delegate certain functions relating to voluntary case management

(1)The Secretary may by instrument delegate any power, duty or function of the Secretary under Division 4 other than the power under section 22CE.

(2)A delegation under subsection (1) must be to—

(a)if the power being delegated is a power or duty under section 22BO(1), (2), (3) or (4) or under section 22BP—

(i)a person employed under Part 3 of the Public Administration Act 2004 (including such a person who is a member of the CVE MAP); or

(ii)any other member of the CVE MAP; or

(iii)a police officer; or

(iv)a person who is not employed under Part 3 of the Public Administration Act 2004; or

(b)if the power being delegated is the power under section 22BV—

(i)a person employed under Part 3 ofthe Public Administration Act 2004 (including such a person who is a member of the CVE MAP); or

(ii)any other member of the CVE MAP; or

(iii)a police officer; or

(c)otherwise, an employee employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004 who is not a member of the CVE MAP.

(3)In delegating a power in accordance with subsection (2)(a)(iv) to a person who is engaged (whether as an employee or otherwise) by one or more entities, the Secretary must specify, in the instrument of delegation, that one of those entities is the


home entity for that person for the purposes of Division 6.

Note

See section 22EJ.

22APFunctions of Secretary for support and engagement orders

The functions of the Secretary in relation to support and engagement orders are the following—

(a)to file in the courts, under section 22CN, reports and proposed support and engagement plans following the making of applications for support and engagement orders;

(b)to attend hearings of applications for support and engagement orders when directed to under section 22CP (or to determine who should attend instead);

(c)to file in the courts, under section 22CV, reports on each supported person's compliance with, and progress under, their support and engagement order, and any proposed variations to the attached support and engagement plans or the conditions attached to the orders;

(d)to attend review hearings when directed to under section 22CW(3) (or to determine who should attend instead);

(e)to attend hearings of applications to vary support and engagement orders when directed to under section 22DD (or to determine who should attend instead);

(f)to file in the courts, under section 22DL, reports and proposed support and engagement plans following the making of applications for the extension of support and engagement orders;

(g)to attend hearings of applications to extend support and engagement orders when directed to under section 22DM (or to determine who should attend instead);

(h)to attend hearings of applications to revoke support and engagement orders when directed to under section 22DU (or to determine who should attend instead).

22AQSecretary may delegate certain functions relating to support and engagement orders

The Secretary may, by instrument, delegate any power, duty or function of the Secretary under Division 5.

Division 3—The Countering Violent Extremism Multi-Agency Panel

22AREstablishment of CVE MAP

(1)There is established an advisory panel to be called the Countering Violent Extremism Multi-Agency Panel.

(2)The CVE MAP consists of members appointed by the Secretary under sections 22AT, 22AU and 22AV.

22ASFunctions of CVE MAP

The functions of the CVE MAP are the following—

(a)to prepare advice for the Secretary, under section 22BI, regarding whether the Secretary should accept or refuse a referral for voluntary case management;

(b)to prepare proposed voluntary case management plans, under sections 22BI(5), 22BK(3) and 22BL(2) for referrals for voluntary case management;

(c)to prepare advice for the Secretary, under section 22BN, regarding a request that informed consent be given to voluntary case management;

(d)to continuously monitor, under section 22BS(5)—

(i)each participant's engagement with the voluntary case management plan that applies to them; and

(ii)the extent to which each participant is at risk of radicalising towards violent extremism—

and to make related determinations under section 22BS(1);

(e)to prepare advice for the Secretary, under section 22BT, regarding a review of a voluntary case management plan;

(f)to prepare advice for the Secretary, under section 22BU, regarding a proposed variation to a voluntary case management plan;

(g)to prepare advice for the Secretary, under section 22C, regarding the revocation of a voluntary case management plan;

(h)to prepare reports for the Secretary, under sections 22CB and 22CD, following the revocation or expiry of voluntary case management plans;

(i)to prepare advice and proposed support and engagement plans for the Secretary under sections 22CN and 22DL;

(j)to prepare advice for the Secretary under section 22CV on each supported person's compliance with, and progress under, their support and engagement plan, and any proposed variations;

(k)to prepare advice for the Secretary, under section 22CV, on a supported person's compliance with, and progress under, their support and engagement order, and any proposed variations to the attached support and engagement plan or the conditions attached to the order.

22ATSecretary may appoint departmental staff to CVE MAP

The Secretary may, by instrument, appoint as members of the CVE MAP one or more persons employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004.

22AUSecretary may appoint nominated persons to CVE MAP

(1)The Secretary may, by instrument, appoint as a member of the CVE MAP a person nominated by a nominating officer if the Secretary considers that the person ought to be a member.

(2)A nominating officer may, by notice in writing given to the Secretary, nominate an eligible person for appointment as a member of the CVE MAP.

(3)The nominating officers are—

(a)the Chief Commissioner of Police; and

(b)the Department Head of each prescribed Department; and

(c)the Administrative Office Head of each prescribed Administrative Office; and

(d)the Commissioner for Corrections.

(4)The eligible persons for each nominating officer are—

(a)for the Chief Commissioner of Police—a member of Victoria Police personnel within the meaning of the Victoria Police Act 2013; and

(b)for the Department Head of a prescribed Department—a person employed in that Department under Part 3 of the Public Administration Act 2004; and

(c)for the Administrative Office Head of a prescribed Administrative Office—a person employed in that Administrative Office under Part 3 of the Public Administration Act 2004; and

(d)for the Commissioner for Corrections—a person employed under Part 3 of the Public Administration Act 2004 for the purposes of the Corrections Act 1986.

(5)In this section—

Administrative Office has the same meaningas in the Public Administration Act 2004;

Administrative Office Head has the same meaning as in the Public Administration Act 2004;

Commissioner for Corrections means the Commissioner within the meaning of the Corrections Act 1986;

Department has the same meaning as in the Public Administration Act 2004;

Department Head has the same meaning asin the Public Administration Act 2004.

22AVSecretary may appoint persons outside public sector to CVE MAP

(1)The Secretary may, by instrument, appoint as members of the CVE MAP one or more persons who are not employed under Part 3 of the Public Administration Act 2004.

(2)In appointing a person under subsection (1) who is engaged (whether as an employee or otherwise) by one or more entities, the Secretary must specify, in the instrument of appointment, that one of those entities is the home entity for that person for the purposes of Division 6.

Note

See section 22EJ.

22AWTerm of appointment

A member of the CVE MAP holds office for 3 years.

22AXMembers are eligible for reappointment

A person who is or has been a member of the CVE MAP is eligible for reappointment.

22AYResignation and removal

(1)A member of the CVE MAP ceases to hold office if the member—

(a)resigns by written notice delivered to the Secretary; or

(b)is removed from office by the Secretary under subsection (3) or (5).

(2)A member of the CVE MAP appointed following a nomination under section 22AU ceases to hold office if the member ceases to be an eligible person in relation to the nominating officer who made the nomination.

(3)The Secretary may remove a member of the CVE MAP from office.

(4)A nominating officer may, by written notice, request that the Secretary remove from the CVE MAP a member who was appointed following a nomination made by that officer.

(5)The Secretary must remove a member of the CVE MAP from office if requested to do so under subsection (4).

(6)In this section—

eligible person has the same meaning as in section 22AU;

nominating officer has the same meaning as in section 22AU.

22AZChairperson and deputy chairperson

(1)The Secretary must, by instrument—

(a)appoint one member of the CVE MAP to be the chairperson; and

(b)appoint one member of the CVE MAP to be the deputy chairperson.

(2)The deputy chairperson must act as chairperson during any period when—

(a)the office of chairperson is vacant; or

(b)the chairperson is, for any reason, unable to perform the duties of the office.

Note

The deputy chairperson must also preside at meetings in certain circumstances—see section 22BC.

(3)While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties and functions, of the chairperson.

(4)A person appointed as chairperson or deputy chairperson ceases to hold that office on ceasing to be a member of the CVE MAP.

22BCVE MAP may regulate its own procedure

Subject to this Act, the CVE MAP may regulate its own procedure.

22BACVE MAP to act by resolutions made at meetings

An act that the CVE MAP is empowered to do is to be done by a resolution of the CVE MAP made at a meeting of the CVE MAP.

22BBMeetings of CVE MAP

(1)The CVE MAP is to meet at the times and places that are fixed by the chairperson.

(2)A quorum of the CVE MAP consists of a majority of the members of the CVE MAP.

(3)A question arising at a meeting is determined by a majority of votes.

(4)The person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, a second or casting votes.

22BCPerson who is to preside at meetings of the CVE MAP

(1)The chairperson is to preside at a meeting of the CVE MAP at which they are present.

(2)If the chairperson is, or is to be—

(a)absent from a meeting of the CVE MAP; or

(b)precluded, under section 22BD, from presiding at a meeting of the CVE MAP in respect of a particular matter—

the deputy chairperson is to preside.

(3)If both the chairperson and the deputy chairperson are, or are to be—

(a)absent from a meeting of the CVE MAP; or

(b)precluded, under section 22BD, from presiding at a meeting of the CVE MAP in respect of a particular matter—

a member elected by the members present at the meeting must preside.

22BDConflicts of interest

A member of the CVE MAP—

(a)need not absent themselves from a meeting of the CVE MAP during any deliberations on a matter in respect of which the member has a conflict of interest; but

(b)does not have a deliberative vote in respect of that matter.

Division 4—Voluntary case management

Subdivision 1—Preliminary

22BEObjects of Division

The objects of this Division are—

(a)to facilitate the engagement, on a voluntary basis, of a person who is at risk of radicalising towards violent extremism with services and programs in order to mitigate that risk; and

(b)to facilitate the engagement, on a voluntary basis, of a person who is radicalising towards violent extremism with services and programs in order to achieve a therapeutic purpose for the person.

22BFDetermining whether a person is radicalising towards violent extremism

(1)A person who is to determine, under this Division, whether another person is radicalising towards violent extremism is not required to do so in accordance with section 22CI(2).

(2)However, the person who is to make the determination may, for that purpose, have regard to the behaviour set out in section 22CI(3).

22BGDetermining whether a person is at risk of radicalising towards violent extremism

Nothing in section 22CI affects how a person who is to determine, under this Division, whether another person is at risk of radicalising towards violent extremism is to do so.

Subdivision 2—Referral to Secretary

22BHReferral to Secretary by Chief Commissioner of Police

(1)The Chief Commissioner of Police may refer a person to the Secretary for voluntary case management in accordance with this Division if satisfied—

(a)that the criteria set out in subsection (2) are met; or

(b)that the criteria set out in subsection (3) are met.

(2)The criteria set out for the purposes of subsection (1)(a) are that—

(a)there is reason to believe that the person in respect of whom the referral is to be made is at risk of radicalising towards violent extremism; and

(b)that risk may be better mitigated by the person engaging with services and programs under a voluntary case management plan than by ordinary law enforcement methods.

(3)The criteria set out for the purposes of subsection (1)(b) are that—

(a)there is reason to believe that the person in respect of whom the referral is to be made is radicalising towards violent extremism; and

(b)the person engaging with services and programs under a voluntary case management plan is a more appropriate way of achieving a therapeutic purpose for the person than ordinary law enforcement methods would be.

(4)A referral under subsection (1) must—

(a)be in writing; and

(b)be accompanied by a report that explains why the Chief Commissioner of Police is satisfied of the criteria set out in subsection (2) or (3).

(5)The Chief Commissioner of Police must not refer a person to the Secretary under subsection (1) if the person is under 10 years of age.

(6)The Chief Commissioner of Police may, by instrument, delegate the power to make a referral under subsection (1) to a police officer who is of or above the rank of Inspector.

22BISecretary may require advice from CVE MAP

(1)On a referral under section 22BH, the Secretary may—

(a)give the referral and the accompanying report under section 22BH(4)(b), to the members of the CVE MAP; and

(b)direct the chairperson of the CVE MAP to provide to the Secretary advice under subsection (2).

(2)On a direction under subsection (1)(b), the chairperson of the CVE MAP must give the Secretary advice that—

(a)is prepared by the CVE MAP; and

(b)sets out the CVE MAP's recommendation regarding whether the Secretary should accept or refuse the referral.

(3)If the CVE MAP considers that the referred person is at risk of radicalising towards violent extremism, the advice given under subsection (2) must set out the CVE MAP's assessment of—

(a)how at risk the referred person is of radicalising towards violent extremism; and

(b)if the recommendation is to accept the referral, how a voluntary case management plan might mitigate the extent to which the referred person is so at risk.

(4)If the CVE MAP considers that the referred person is radicalising towards violent extremism, the advice given under subsection (2) must set out the CVE MAP's assessment of—

(a)the extent to which the person is radicalising towards violent extremism; and

(b)if the recommendation is to accept the referral, how a voluntary case management plan might reduce the extent to which the person is radicalising towards violent extremism.

(5)If the CVE MAP recommends that the Secretary accept the referral, it may include with its advice under subsection (2) a proposed voluntary case management plan in respect of the referred person.

22BJSecretary to decide whether to accept referral

(1)On a referral under section 22BH, the Secretary must determine whether to accept the referral in accordance with this section.

(2)The Secretary may accept the referral if satisfied that—

(a)the referred person is at risk of radicalising towards violent extremism; and

(b)the making of a voluntary case management plan for the referred person is an appropriate way to mitigate the extent to which the referred person is so at risk.

(3)The Secretary may also accept the referral if satisfied that—

(a)the referred person is radicalising towards violent extremism; and

(b)the making of a voluntary case management plan for the referred person is an appropriate way to achieve a therapeutic purpose for the referred person.

(4)Otherwise, the Secretary must refuse the referral.

(5)In determining the referral, the Secretary must have regard to—

(a)the report that accompanied the referral under section 22BH(4)(b); and

(b)the advice of the CVE MAP under section 22BI(2) in respect of the referral.

(6)As soon as practicable after accepting or refusing a referral, the Secretary must give written notice of the acceptance or refusal to—

(a)the chairperson of the CVE MAP; and

(b)the Chief Commissioner of Police.

22BKApproval of voluntary case management plan provided in CVE MAP's report

(1)This section applies if—

(a)under section 22BJ, the Secretary accepts a referral under section 22BH; and

(b)the chairperson of the CVE MAP gave the Secretary advice under section 22BI(2) that included a proposed voluntary case management plan for that referral.

(2)The Secretary must approve the proposed voluntary case management plan included in the CVE MAP's advice if the Secretary is satisfied that the plan is an appropriate way either—

(a)to mitigate the extent to which the prospective participant is at risk of radicalising towards violent extremism; or

(b)to achieve a therapeutic purpose for the person.

(3)If the Secretary is not satisfied as described in subsection (2)—

(a)the Secretary must give written notice of this to the chairperson of the CVE MAP; and

(b)the chairperson must give the Secretary further proposed voluntary case management plans, prepared by the CVE MAP, until either—

(i)the Secretary is satisfied that one such plan is an appropriate way either to mitigate the extent to which the prospective participant is at risk of radicalising towards violent extremism, or to achieve a therapeutic purpose for the prospective participant; or

(ii)the Secretary refuses the referral in accordance with section 22BM.

(4)On being satisfied as described in subsection (3)(b)(i) in respect of a proposed voluntary case management plan, the Secretary must approve that plan.

(5)The Secretary may approve a proposed voluntary case management plan under subsection (2) or (4) with or without modifying it.

(6)As soon as practicable after approving the proposed voluntary case management plan, the Secretary must give written notice of that decision (and any modifications made to the plan) to the chairperson of the CVE MAP.

22BLDetermination of voluntary case management plan if one not provided in CVE MAP's report

(1)This section applies if—

(a)under section 22BJ, the Secretary accepts a referral under section 22BH; and

(b)the chairperson of the CVE MAP gave the Secretary advice under section 22BI(2) that did not include a proposed voluntary case management plan.

(2)The chairperson of the CVE MAP must give the Secretary proposed voluntary case management plans, prepared by the CVE MAP, until either—

(a)the Secretary is satisfied that one such plan is an appropriate way either to mitigate the extent to which the prospective participant is at risk of radicalising towards violent extremism, or to achieve a therapeutic purpose for the prospective participant; or

(b)the Secretary refuses the referral in accordance with section 22BM.

(3)On being satisfied as described in subsection (2)(a) in respect of a proposed voluntary case management plan, the Secretary must approve that plan.

(4)The Secretary may approve a proposed voluntary case management plan under subsection (2) with or without modifying it.

(5)As soon as practicable after approving the proposed voluntary case management plan, the Secretary must give written notice of that decision (and any modifications made to the plan) to the chairperson of the CVE MAP.

22BMRefusal of referral after proposed voluntary case management plan provided

(1)The Secretary may refuse a referral under section 22BK(3)(b)(ii) or 22BL(2)(b) if satisfied that either—

(a)the referred person—

(i)is not at sufficient risk of radicalising towards violent extremism to justify the making of a voluntary case management plan; and

(ii)is not radicalising towards violent extremism; or

(b)the making of a voluntary case management plan is not an appropriate way either—

(i)to mitigate the extent to which the referred person is so at risk; or

(ii)to achieve a therapeutic purpose for the person.

(2)As soon as practicable after refusing the referral, the Secretary must give notice of the refusal to—

(a)the chairperson of the CVE MAP; and

(b)the Chief Commissioner of Police.

Subdivision 3—Requesting consent for case management

22BNSecretary may require advice from CVE MAP

(1)The Secretary may direct the chairperson of the CVE MAP to give the Secretary advice, prepared by the CVE MAP, regarding—

(a)who should make a particular request under this Subdivision; and

Note

Section 22BO(1) empowers the Secretary to make this request, but section 22AO provides that the Secretary may delegate this power.

(b)whether anyone else should be present while that request is made for the purpose of providing assistance in relation to the request.

(2)On a direction under subsection (1), the chairperson of the CVE MAP must give the Secretary advice that—

(a)is prepared by the CVE MAP; and

(b)sets out the CVE MAP's opinion in relation to the matters set out under subsection (1)(a) and (b).

22BORequest for consent to case management

(1)After approving a proposed voluntary case management plan under section 22BK(2) or (4), the Secretary must—

(a)give the plan to the prospective participant; and

(b)ask the prospective participant to give informed consent, in writing, to case management in accordance with the plan.

(2)If the prospective participant is under 15 years of age, the Secretary must also—

(a)give the plan to at least one of the prospective participant's parents or guardians; and

(b)ask a parent or guardian to whom the plan is given to give informed consent, in writing, to case management in accordance with the plan.

(3)A person gives informed consent to case management if they give that consent after the Secretary informs them, in language they are likely to understand—

(a)that there is no requirement to become a participant; and

(b)what the plan would require or permit the prospective participant to do if they become a participant; and

(c)what is permitted under Division 6 in relation to information about the prospective participant if they become a participant; and

(d)the purposes for which those things are permitted; and

(e)the ability of, and process for, the person to withdraw consent at any time; and

(f)the consequences (if any) for the prospective participant if, having become a participant, consent is withdrawn or they cease to comply with the plan; and

(g)the day on which the plan would commence and the period for which it would operate.

(4)The Secretary may modify the plan for the purpose of ensuring that informed consent is given.

(5)The Secretary may make multiple requests that a person give informed consent, including after such a request has been refused.

(6)If—

(a)the prospective participant is under 15 years of age; and

(b)one of the prospective participant's parents or guardians is asked, under subsection (2), to give informed consent; and

(c)the parent or guardian refuses that request—

the Secretary may make a request under subsection (2) to another of the prospective participant's parents or guardians.

(7)However, the Secretary must not make a request for informed consent in respect of a prospective participant more than 14 days after the first request is made in respect of that participant.

22BPWhen endeavours to obtain informed consent fail

(1)The Secretary must, as soon as practicable, record that the endeavour to obtain informed consent in respect of a person who was a prospective participant, and who is 15 years of age or older, has failed if—

(a)14 days have elapsed since the person was last asked to give informed consent under section 22BO and the person has not done so; or

(b)the person refuses a request for informed consent and the Secretary considers that a further request would be futile.

(2)The Secretary must, as soon as practicable, record that the endeavour to obtain informed consent in respect of a person who was a prospective participant, and who is under 15 years of age, has failed if—

(a)14 days have elapsed since the person was last asked to give informed consent under section 22BO and the person has not done so; or

(b)the person refuses a request for informed consent and the Secretary considers that a further request would be futile; or

(c)14 days have elapsed since a parent or guardian of the person was last asked to give informed consent under section 22BO and no parent or guardian has done so.

22BQSecretary to notify Chief Commissioner of Police

The Secretary must notify the Chief Commissioner of Police, in writing, as soon as practicable after—

(a)receiving, in writing, the informed consent of every person requested to give consent under section 22BO in respect of a participant; or

(b)recording, under section 22BP, the failure of the endeavour to obtain informed consent in respect of a person who had been a prospective participant.

22BRCommencement and provision of voluntary case management plan

(1)As soon as practicable after receiving, in writing, the informed consent of a participant (and every other person requested to give consent under section 22BO in respect of that participant), the Secretary must—

(a)specify in the voluntary case management plan—

(i)the day from which the plan operates; and

(ii)the period for which the plan operates; and

(b)give a copy of the plan to—

(i)the participant; and

(ii)each other person (if any) who gave consent in respect of the participant under section 22BO(2).

(2)The day specified under subsection (1)(a)(i), and the period specified under subsection (1)(a)(ii), must be the same as what was conveyed under section 22BO(3)(g).

(3)For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(b)—

(a)is in force on and after the day it is given to the participant and until—

(i)it expires; or

(ii)it is varied or revoked; or

(iii)the participant (or a person who gave consent under section 22BO in respect of the participant) withdraws consent in accordance with section 22BX; and

(b)while in force, is the voluntary case management plan that applies to the participant.

Subdivision 4—Case management

22BSSecretary to be informed of critical events

(1)The chairperson of the CVE MAP must notify the Secretary as soon as practicable after the CVE MAP determines that—

(a)a voluntary case management plan is no longer justified for a participant because that participant is no longer either—

(i)at risk of radicalising towards violent extremism; or

(ii)radicalising towards violent extremism; or

(b)a voluntary case management plan that applies to a participant is no longer an appropriate way—

(i)to mitigate the extent to which the participant is at risk of radicalising towards violent extremism; or

(ii)to achieve a therapeutic purpose for the participant; or

(c)a participant has, for a period of at least 28 days, ceased to engage with the services and programs set out in the voluntary case management plan that applies to them in accordance with that plan; or

(d)the informed consent given by the participant in accordance with section 22BO has been withdrawn in accordance with Subdivision 6; or

(e)if the participant is under 15 years of age, each parent or guardian who gave informed consent in accordance with section 22BO has been withdrawn in accordance with Subdivision 6.

(2)Without limiting subsection (1)(b), the CVE MAP may determine that a voluntary case management plan that applies to a participant may no longer be an appropriate way to do a thing referred to in subsection (1)(b)(i) or (ii) on the basis of a reduction in the person's engagement with the services and programs set out in the plan that applies to them.

(3)A notification under subsection (1)—

(a)must be in writing; and

(b)must set out the basis on which the CVE MAP made the determination under that subsection.

(4)As soon as practicable after receiving a notification under subsection (1), the Secretary must give a copy of the notification to the Chief Commissioner of Police.

(5)The CVE MAP must continuously monitor—

(a)a participant's engagement with the voluntary case management plan that applies to them; and

(b)the extent to which a participant is at risk of radicalising towards violent extremism—

in order to make determinations under subsection (1).

22BTReviews of voluntary case management plans

(1)The Secretary may conduct a review in order to determine—

(a)the extent to which the participant is complying with the voluntary case management plan that applies to them; and

(b)the extent to which the programs and services under the plan are addressing the needs of the participant; and

(c)the extent to which the participant is still at risk of radicalising towards violent extremism; and

(d)whether the participant would benefit from further programs and services.

(2)The Secretary may direct the chairperson of the CVE MAP to give the Secretary advice, prepared by the CVE MAP, regarding the matters that the Secretary is to determine on a review under subsection (1).

(3)On a direction under subsection (2), the chairperson of the CVE MAP must give the Secretary advice that—

(a)is prepared by the CVE MAP; and

(b)sets out the CVE MAP's opinion regarding the matters that the Secretary is to determine on a review under subsection (1).

(4)A review under subsection (1) may be conducted at any time as determined by the Secretary.

(5)In addition to reviews under subsection (1) that are conducted at the times determined by the Secretary, the Secretary must conduct a review under that subsection in respect of a participant who is under 18 years of age—

(a)within six months after the day specified in the voluntary case management plan that applies to the participant under section 22BR(1)(a)(i) or 22BW(1)(b)(i) (as the case requires); and

(b)no later than six months after the completion of the review conducted in accordance with paragraph (a).

Subdivision 5—Variation of plan during case management

22BUSecretary may require advice from CVE MAP

(1)The Secretary may direct the chairperson of the CVE MAP to give the Secretary advice, prepared by the CVE MAP, regarding a proposed variation to a voluntary case management plan that is in force.

(2)On a direction under subsection (1), the chairperson of the CVE MAP must give the Secretary advice that—

(a)is prepared by the CVE MAP; and

(b)sets out the CVE MAP's opinion in relation to the proposed variation.

22BVVariation of case management plan

(1)The Secretary may, with the written informed consent of—

(a)a participant; and

(b)if the participant is under 15 years of age, one of their parents or guardians—

vary the voluntary case management plan that applies to that participant.

(2)Consent given by the participant, or a parent or guardian of the participant, is only informed consent for the purposes of subsection (1) if it is given after the Secretary informs that person, in language they are likely to understand, of—

(a)what the voluntary case management plan, if varied as proposed, would require or permit the participant to do; and

(b)the day on which the voluntary case management plan, if varied as proposed, would commence and the period for which it would operate.

(3)Without limiting subsection (1), the Secretary may vary a voluntary case management plan under that subsection following—

(a)receipt of a notification under section 22BS(1) in relation to that plan; or

(b)a review under section 22BT.

22BWCommencement and provision of varied voluntary case management plan

(1)As soon as practicable after receiving, in writing, the informed consent of a participant (and every other person requested to give consent under section 22BV in respect of that participant), the Secretary must—

(a)prepare a version of the voluntary case management plan applying to the participant that incorporates the proposed variations in respect of which consent was given; and

(b)specify in the plan—

(i)the day from which the plan operates; and

(ii)the period for which the plan operates; and

(c)give a copy of the plan to—

(i)the participant; and

(ii)each other person (if any) who gave consent in respect of the participant under section 22BV(2).

(2)The day specified under subsection (1)(b)(i), and the period specified under subsection (1)(b)(ii), must be the same as what was conveyed under section 22BV(2)(b).

(3)For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(c)—

(a)is in force on and after the day it is given to the participant and until—

(i)it expires; or

(ii)it is varied or revoked; or

(iii)the participant (or a person who gave consent under section 22BV in respect of the participant) withdraws consent in accordance with section 22BX; and

(b)while in force, is the voluntary case management plan that applies to the participant.

Subdivision 6—Withdrawal of consent

22BXInformed consent may be withdrawn

(1)A participant, or any other person who has given informed consent in accordance with section 22BO or 22BV, may withdraw that consent at any time.

(2)The withdrawal of consent must be by way of a communication to—

(a) a person who is a program provider in respect of the participant; or

(b)a member of the CVE MAP.

(3)The communication may be oral or written.

22BYProgram provider who receives withdrawal of consent must notify CVE MAP

As soon as practicable after a program provider receives a communication referred to in section 22BX, the program provider must notify a member of the CVE MAP.

22BZReport following withdrawal of consent

As soon as practicable after consent is withdrawn in accordance with section 22BX, the chairperson must give the Secretary a report, prepared by the CVE MAP, that sets out—

(a)the CVE MAP's opinion on—

(i)the extent to which the former participant complied with the plan and progressed under it; and

(ii)the extent to which the former participant is still at risk of radicalising towards violent extremism; and

(iii)whether the former participant would benefit from further programs and services; and

(b)the basis for those opinions.

Subdivision 7—Revocation of voluntary case management plan by Secretary

22CSecretary may require advice from CVE MAP

(1)The Secretary may direct the chairperson of the CVE MAP to give the Secretary advice, prepared by the CVE MAP, regarding the revocation of a voluntary case management plan.

(2)On a direction under subsection (1), the chairperson of the CVE MAP must give the Secretary advice that—

(a)is prepared by the CVE MAP; and

(b)sets out the CVE MAP's opinion in relation to the proposed revocation.

22CASecretary may revoke voluntary case management plan

(1)The Secretary may revoke a voluntary case management plan if satisfied that either—

(a)the participant is no longer at sufficient risk of radicalising towards violent extremism to justify a voluntary case management plan applying to the participant; or

(b)a voluntary case management plan is no longer an appropriate way to mitigate the extent to which the participant is so at risk.

(2)Without limiting subsection (1), the Secretary may revoke a voluntary case management plan under that subsection following—

(a)receipt of a notification under section 22BS(1) in relation to that plan; or

(b)a review under section 22BT; or

(c)the Chief Commissioner of Police informing the Secretary of reasons relating to law enforcement that support the conclusion that a voluntary case management plan is no longer an appropriate way to mitigate the extent to which the participant is at risk of radicalising towards violent extremism.

(3)On revoking a voluntary case management plan under subsection (1), the Secretary must notify the Chief Commissioner of Police in writing.

22CBReport following revocation

As soon as practicable after revoking a voluntary case management plan, the chairperson of the CVE MAP must give the Secretary a report, prepared by the CVE MAP, that sets out—

(a)the CVE MAP's opinion on—

(i)the extent to which the former participant complied with the plan and progressed under it; and

(ii)the extent to which the former participant is still at risk of radicalising towards violent extremism; and

(iii)whether the former participant would benefit from further programs and services; and

(b)the basis for those opinions.

Subdivision 8—Expiry of voluntary case management plan

22CCExpiry of voluntary case management plan at end of plan

A voluntary case management plan expires at the end of the period that is specified in the plan under section 22BR(1)(a)(ii) or 22BW(1)(b)(ii) (as the case requires).

22CDReport following expiry

As soon as practicable after the expiry of a voluntary case management plan, the chairperson must give the Secretary a report, prepared by the CVE MAP, that sets out—

(a)the CVE MAP's opinion on—

(i)the extent to which the former participant complied with the plan and progressed under it; and

(ii)the extent to which the former participant is still at risk of radicalising towards violent extremism; and

(iii)whether the former participant would benefit from further programs and services; and

(b)the basis for those opinions.

Subdivision 9—Review

22CESecretary may review operation of Division

(1)The Secretary may from time to review the operation of this Division.

(2)The Secretary may give a copy of a review under subsection (1) to the Minister.

22CFIndependent review after first 3 years

(1)The Minister must cause a review of the operation of this Division to be undertaken.

(2)The review must commence no later than 2 September 2025.

(3)The review must assess the effectiveness of the voluntary case management of persons in accordance with this Division, having regard to—

(a)the implementation of the scheme provided for by this Division; and

(b)how the provisions in this Division relating to obtaining informed consent have operated; and

(c)how effective and adequate programs and services specified in voluntary case management plans have been at—

(i)mitigating the extent to which participants are at risk of radicalising towards violent extremism; or

(ii)achieving a therapeutic purpose for participants; and

(d)whether voluntary case management in accordance with this Division has had any unintended outcomes; and

(e)the outcomes of voluntary case management in accordance with this Division for participants younger than 15 years of age; and

(f)the outcomes of voluntary case management in accordance with this Division for participants between 15 and 18 years of age.

(4)The review must be undertaken having regard to the views of the community and of relevant entities and independent experts.

(5)The review must be completed within 18 months of its commencement.

(6)The Minister must ensure that the review is tabled before each House of the Parliament as soon as practicable after it is completed.

Division 5—Support and engagement orders

Subdivision 1—Preliminary

22CGObject of Division

The object of this Division is to authorise a court to make a support and engagement order requiring a person to engage with services in order to address the underlying causes of that person's radicalisation towards violent extremism.

22CHCourt proceedings involving children

If a court is to hear and determine a matter under this Division in respect of a respondent or supported person who is a child, the court must have regard to—

(a)the need to strengthen, preserve and promote positive relationships between the child and the child's parent, family members and persons significant to the child; and

(b)the child's social, individual and cultural identity and religious faith (if any); and

(c)the child's age, maturity and stage of development; and

(d)the importance of allowing the education, training or employment of the child to continue without interruption or disturbance; and

(e)the vulnerability of the child, including whether they have a history of trauma, disability or physical or mental illness; and

(f)the need to minimise stigma to the child.

22CICourt is to make a finding of radicalisation on the basis of the person's behaviour

(1)This section sets out how a court is to find, for the purposes of this Division, whether a person is radicalising towards violent extremism.

Note

Section 22AG sets out what is meant by radicalising towards violent extremism.

(2)The court is to make that finding on the basis of behaviour that the court finds—

(a)has been engaged in by the person; and

(b)indicates that the person is radicalising towards violent extremism.

Note

Section 22AG(3), (4) and (5) describe behaviour that may, in certain circumstances, indicate that a person is radicalising towards violent extremism.

(3)The court may—

(a)find that a person has engaged in behaviour described in section 22AG(3) or (4); but

(b)find that, nonetheless, in the particular circumstances of the case, the behaviour does not indicate that the person is radicalising towards violent extremism.

(4)The court may find that a person is radicalising towards violent extremism whether or not the court finds that the person is preparing to commit a terrorist act.

22CJStandard of proof

Any question of fact to be decided by a court under this Division is to be decided on the balance of probabilities.

Subdivision 2—Application for support and engagement order

22CKApplication for support and engagement order

(1)Subject to subsection (3), an authorised police officer may apply for a support and engagement order.

(2)An application under subsection (1) must be made to—

(a)the Magistrates' Court, if the respondent is an adult; or

(b)the Children's Court, if the respondent is a child.

(3)An authorised police officer must not make an application under subsection (1) if the proposed respondent is—

(a)under 14 years of age; or

(b)a person who has already been subject to one or more support and engagement orders for a total period of 2 years.

(4)The total period referred to in subsection (3)(b) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive.

22CLForm and content of application

An application under section 22CK must—

(a)be made in writing; and

(b)be supported by an affidavit that—

(i)sets out the grounds on which the applicant considers that the support and engagement order should be made; and

(ii)is sworn or affirmed by the applicant; and

(c)specify the length of time for which the applicant considers that the support and engagement order should be in force; and

(d)detail the extent to which the respondent has previously engaged voluntarily with Victoria Police to mitigate the extent to which, or the risk that, the respondent is radicalising towards violent extremism; and

(e)set out whether the respondent has previously been a participant in voluntary case management; and

(f)set out whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and

Note

See sections 22BP and 22BV.

(g)set out whether such informed consent has been withdrawn; and

Note

See section 22BX.

(h)detail each previous application made under section 22CK in respect of the respondent (if any), and the outcome of each such application; and

(i)include the prescribed information.

22CMService of application

(1)As soon as practicable after an authorised police officer applies for a support and engagement order, the applicant must—

(a)serve notice of the application on the respondent in accordance with Subdivision 9; and

(b)give a copy of the application to the Secretary.

(2)Notice under subsection (1)(a) must set out the grounds on which the support and engagement order is sought.

22CNSecretary to file report and proposed support and engagement plan

(1)On receiving, under section 22CM(1)(b), a copy of an application for a support and engagement order, the Secretary must, within a reasonable time, file in the court—

(a)a report—

(i)that describes the behaviours and needs of the respondent that are relevant to the application; and

(ii)if the respondent has previously been a participant under a voluntary case management plan, that describes the participant's engagement with programs and services under that plan; and

(b)a proposed support and engagement plan for the respondent.

(2)For the purposes of subsection (1)—

(a)the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that—

(i)is prepared by the CVE MAP; and

(ii)covers the matters that the report under subsection (1)(a) is to describe; and

(b)the Secretary may direct the chairperson of the CVE MAP to give the Secretary a proposed support and engagement plan for the respondent that is prepared by the CVE MAP.

(3)The chairperson of the CVE MAP must comply with a direction under subsection (2).

Subdivision 3—Determination of application for support and engagement order

22CODetermination of application

(1)On an application for a support and engagement order, the court may make the order if—

(a)the court finds, in accordance with section 22CI, that the respondent is radicalising towards violent extremism; and

(b)the court is satisfied that the making of a support and engagement order is an appropriate way to achieve a therapeutic purpose for the respondent.

Note

Section 22AK explains what it means to achieve a therapeutic purpose for a person.

(2)Otherwise, the court must refuse the application.

(3)In determining whether to make the support and engagement order, the court must have regard to—

(a)whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and

Note

See sections 22BP and 22BV.

(b)whether such informed consent has been withdrawn; and

Note

See section 22BX.

(c)whether the respondent has otherwise previously declined or ceased to voluntarily engage with services and programs of the kind that a support and engagement plan can require a person to engage with; and

(d)whether the respondent is likely to continue to be radicalised towards violent extremism if the order is not made; and

(e)the frequency and seriousness of the behaviour in respect of which the court made a finding under section 22CI(2); and

(f)whether the order is likely to have a significant adverse impact on the respondent; and

(g)any other matters the court considers relevant.

22CPSecretary may be directed to attend and give evidence

(1)The court may direct the Secretary to attend at the hearing of an application for a support and engagement order and give evidence as to—

(a)the report given under section 22CN(1)(a); and

(b)the proposed support and engagement plan given under section 22CN(1)(b).

(2)Subject to subsections (3) and (4), the Secretary must comply with a direction under subsection (1).

(3)The Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to a direction under subsection (1).

(4)If the Secretary makes a determination under subsection (3)—

(a)the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and

(b)that member must comply with the direction.

22CQHow support and engagement order is to be made

(1)In making a support and engagement order, the court must—

(a)attach to the order the proposed support and engagement plan given to the court under section 22CN (with any variations that the court thinks fit); and

Note

The support and engagement order requires that the person comply with it—see section 22AI(a).

(b)specify in the order the period for which the order operates; and

(c)specify in the order the days on which the Secretary is required to provide a report in respect of the order under section 22CV.

(2)The period specified under subsection (1)(b)—

(a)must not be so long that, at the end of that period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more; and

(b)in any event, must not be longer than 1 year.

(3)The total period referred to in subsection (2)(a) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive.

(4)Nothing in this section requires that, if a court makes a support and engagement order for a supported person who is a child, the period specified under subsection (1)(b) must end on or before the day that the supported person turns 18.

22CRCourt may attach further conditions on support and engagement order

(1)The court may also, in accordance with subsection (2), attach a condition on the support and engagement order if the court considers that—

(a)attaching the condition is an appropriate way to achieve a therapeutic purpose for the supported person; and

(b)the condition is no more restrictive than is necessary to achieve that purpose.

(2)In imposing a condition under subsection (1) on a support and engagement order for a supported person who is a child, the court must have regard to the child's age and vulnerability.

(3)Without limiting subsection (1), the court may impose a condition that the supported person—

(a)must notify a police officer, specified person, or person of a specified class if they plan to travel; and

(b)must provide any of the following information to a police officer, specified person, or person of a specified class—

(i)the supported person's phone number;

(ii)the supported person's residential address;

(iii)the supported person's postal address;

(iv)other contact details; and

(c)must notify a police officer, specified person, or person of a specified class of any changes to information of a kind described in paragraph (b); and

(d)must not contact a specified person or a person of a specified class; and

(e)must not access, disseminate or produce extremist material.

22CSDuration of support and engagement order

(1)A support and engagement order—

(a)commences on the day that the supported person is given the order; and

(b)unless sooner revoked, ceases to operate at the end of the period specified in the order under section 22CQ(1)(b).

(2)Subsection (1)(b) is subject to section 22DK.

Note

Section 22DK provides for a support and engagement order to continue to operate while an application for the extension of that order is yet to be determined.

22CTCopy of support and engagement order to be given

(1)This section applies if a court makes a support and engagement order.

(2)The court must arrange for a copy of the order to be given to—

(a)the supported person; and

(b)the Secretary; and

(c)the Chief Commissioner of Police.

(3)If the supported person is a child, the court must arrange for a copy of the order to be given to a parent or guardian of the supported person.

Subdivision 4—Compliance with support and engagement order

22CUSupported person must comply with support and engagement order made by Magistrates' Court

A supported person who is subject to a support and engagement order that was made by the Magistrates' Court, and to whom that order has been given, must not contravene that order without a reasonable excuse.

Penalty:10 penalty units.

22CVSecretary must report on progress under support and engagement order

(1)At the times specified in a support and engagement order under section 22CQ(1)(c), the Secretary must, within a reasonable time, file in the court a report on—

(a)the supported person's compliance with, and progress under, the support and engagement order; and

(b)any variations that the Secretary considers should be made to—

(i)the support and engagement plan attached to the order; or

(ii)the conditions attached to the order in accordance with section22CR.

(2)For the purposes of subsection (1), the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that—

(a)is prepared by the CVE MAP; and

(b)sets out the CVE MAP's opinion on the matters with respect to which the Secretary is to report to the court under that subsection.

(3)The chairperson of the CVE MAP must comply with a direction under subsection (2).

(4)Nothing in this section prevents the Secretary from incorporating advice given under subsection (3) in the report given under subsection (1).

22CWCourt may hold review hearing on receiving report

(1)On receiving a report from the Secretary under section 22CV, the court may direct that a review hearing is to be held if, on the basis of the report, the court considers that—

(a)the supported person may not be satisfactorily complying with or progressing under the support and engagement order; or

(n)the number of occasions on which consent was withdrawn in accordance with section 22BX in that year in respect of participants who were adults;

(o)the number of voluntary case management plans in respect of children that the Secretary revoked under section 22CA in that year;

(p)the number of voluntary case management plans in respect of adults that the Secretary revoked under section 22CA in that year;

(q)the number of applications made under section 22CK for support and engagement orders in that year in respect of children;

(r)the number of applications made under section 22CK for support and engagement orders in that year in respect of adults;

(s)the number of support and engagement orders made in that year in respect of children;

(t)the number of support and engagement orders made in that year in respect of adults;

(u)the number of support and engagement orders revoked in that year in respect of children;

(v)the number of support and engagement orders revoked in that year in respect of adults;

(w)the number of appeals brought in that year under section 109 of the Magistrates' Court Act 1989 in respect of an order specified in section 22DX(3);

(x)the number of appeals brought in that year under section 329 of the Children, Youth and Families Act 2005 in respect of an order specified in section 22DX(3);

(y)to the extent that it is known or disclosed, the religion and ethnicity of the persons in respect of whom support and engagement orders are applied for, made, revoked or appealed.".

7New Division 1AA of Part 5 inserted

After the heading to Part 5 of the Principal Act insert—

"Division 1AA—Preliminary

22EXReferences to subject of substantive application or hearing

In this Part, a reference to the subject of the substantive application or hearing that is an SEO review hearing or an application for the variation, extension or revocation of a support and engagement order is a reference to the supported person.".

8Application for counter-terrorism intelligence protection order

(1)In section 25(1) of the Principal Act—

(a)for "an authorised police officer has made a substantive application" substitute "a substantive application is made";

(b)omit "(a counter-terrorism intelligence protection order)".

(2)After section 25(1) of the Principal Act insert—

"(1A)If the Magistrates' Court or the Children's Court directs, under section 22CW(1), that a review hearing is to be held in respect of a support and engagement order, an authorised police officer may apply to the Supreme Court for an order in relation to any information, document or other thing related to that hearing that the authorised police officer making the protection application believes on reasonable grounds is counter‑terrorism intelligence.

(1B)An order referred to in subsection (1) or (1A) is a counter-terrorism intelligence protection order.

(1C)An application for a counter-terrorism intelligence protection order that relates to—

(a)an application for a support and engagement order; or

(b)an application by an authorised police officer for the variation or extension of a support and engagement order—

is to be made no later than 3 days after the substantive application is made.

(1D)An application for a counter-terrorism intelligence protection order that relates to an application by a supported person for the variation, extension or revocation of a support and engagement order is to be made as soon as practicable after the substantive application is made.

(1E)An application for a counter-terrorism intelligence protection order that relates to an SEO review hearing is to be made as soon as practicable after that direction is given.".

(3)In section 25(2) of the Principal Act—

(a)in paragraph (c), for "sought." substitute "sought; and";

(b)after paragraph (c) insert—

"(d)if subsection (1C) applies to the application—give details of the application referred to in paragraph (a) or (b) of that subsection; and

(e)if subsection (1E) applies to the application—give details of the matter in respect of which the SEO review hearing is to be held.".

9Determining protection application

(1)In section 27(1)(b) of the Principal Act, for "substantive application." substitute "substantive application or hearing.".

(2)In section 27(2) of the Principal Act—

(a)for "the applicant in the substantive application" substitute "the applicant in the protection application";

(b)for "subject of the substantive application" substitute "subject of the substantive application or hearing".

(3)In section 27(3)(a) of the Principal Act—

(a)for "the applicant in the substantive application is not" substitute "no party to the substantive application or hearing is";

(b)for "on the substantive application;" substitute "on the substantive application or hearing;".

(4)For section 27(3)(b) of the Principal Act substitute—

"(b)if the application for the counter-terrorism intelligence protection order was made in respect of a substantive application, the applicant may withdraw the substantive application.".

(5)In section 27(4) of the Principal Act, for "The applicant" substitute "If the application for the counter-terrorism intelligence protection order was made in respect of a substantive application, the applicant".

10Admissibility of protected counter-terrorism intelligence

In section 29 of the Principal Act, for "substantive application." substitute "substantive application or hearing.".

11Heading to Division 3 of Part 5 amended

In the heading to Division 3 of Part 5 of the Principal Act, after "substantive applications" insert "and hearings".

12Sections 30 and 31 substituted

For sections 30 and 31 of the Principal Act substitute—

30Application of Division"

(1)This Division applies to—

(a)a proceeding on a protection application; and

(b)any part of a proceeding on a substantive application or hearing in which protected counter-terrorism intelligence is sought to be admitted, or is adduced, in evidence.

(2)In this Division—

(a)the relevant court in relation to a protection application is the Supreme Court; and

(b)the relevant court in relation to—

(i)an application for a support and engagement order; or

(ii)an application for the variation, extension or revocation of a support and engagement order—

is the court to which that application is made; and

(c)the relevant court in relation to any substantive application other than an application referred to in paragraph (b) is the Supreme Court; and

(d)the relevant court in relation to an SEO review hearing is the court that directed that the hearing be held.

(3)In this Division—

(a)the part of the hearing of a substantive application in which protected counter-terrorism intelligence is sought to be admitted, or adduced, in evidence is called the relevant part of the hearing of that application; and

(b)the part of an SEO review hearing in which protected counter-terrorism intelligence is sought to be admitted, or adduced, in evidence is called the relevant part of that hearing.

31Protection applications to be heard in closed court unless otherwise ordered

(1)Unless the Supreme Court orders otherwise, a protection application must be heard in closed court.

(2)The Supreme Court may make an order under subsection (1) if it considers it appropriate to do so.

(3)If the protection application is heard in closed court, the only persons who may be present at the hearing are—

(a)the authorised police officer who made the protection application; and

(b)any lawyers representing that authorised police officer; and

(c)a special counsel appointed under section 32; and

(d)any witnesses who may be called to give evidence; and

(e)the presiding judge and any court staff necessary for the hearing; and

(f)the Public Interest Monitor.

(4)The authorised police officer who made the protection application may withdraw the application if the Supreme Court makes an order under subsection (1).".

13New sections 31A and 31B inserted

After section 31 of the Principal Act insert—

31ARelevant part of substantive application or hearing to be heard in closed court unless otherwise ordered"

(1)Unless the Supreme Court orders otherwise, the relevant part of—

(a)the hearing a substantive application; or

(b)an SEO review hearing—

must be heard in closed court.

(2)The Supreme Court may make an order under subsection (1) if it considers it appropriate to do so.

(3)If the relevant part is heard in closed court, the only persons who may be present at the hearing are—

(a)the authorised police officer who made the protection application; and

(b)any lawyers representing that authorised police officer; and

(c)a special counsel appointed under section 32; and

(d)any witnesses who may be called to give evidence; and

(e)the presiding judge or magistrate and any court staff necessary for the hearing; and

(f)the Public Interest Monitor.

(4)If a relevant court makes an order under subsection (1) in relation to a substantive application made by an authorised police officer, the authorised police officer who made that application may withdraw the application.

31BClosed court requirements

(1)This section applies if—

(a)an order is not made under section 31(1) in respect of the hearing of a protection application; or

(b)an order is not made under section 31A(1) in respect of the relevant part of—

(i)the hearing of a substantive application; or

(ii)an SEO review hearing.

(2)The relevant court—

(a)must cause a notice to be posted on a door of the court containing the matters set out in subsection (3) and ensure that the notice remains so posted at all times the hearing is held in closed court; and

(b)may cause a copy of the notice to be posted in another conspicuous place where notices are usually posted at the court.

(3)The notice must state—

(a)that the hearing is being held in closed court; and

(b)who may be present at the hearing; and

(c)that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held.

Note

See section 35 for the offence referred to in paragraph (c).

(4)If a notice is posted under subsection (2)(a) in relation to a hearing, the relevant court must confirm on the transcript of the hearing—

(a)that a notice was posted and remained so posted at all times the hearing was held in closed court; and

(b)the content of the notice.".

14Appointment of special counsel

(1)For section 32(1) of the Principal Act substitute—

"(1)The Supreme Court may appoint a suitably qualified person as special counsel to represent the interests of the subject of a substantive application or hearing at—

(a)the hearing of the protection application; and

(b)the relevant part of—

(i)if the protection application relates to a substantive application, that substantive application; or

(ii)if the protection application relates to an SEO review hearing, that hearing.".

(2)In section 32(2)(b) of the Principal Act, for "substantive application;" substitute "substantive application or hearing;".

(3)After section 32(2) of the Principal Act insert—

"(2A)If the Supreme Court does not, under subsection (1), appoint a suitably qualified person as special counsel to represent the interests of the subject of a substantive application or hearing at the relevant part of—

(a)an application for a support and engagement order; or

(b)an application for the variation, extension or revocation of a support and engagement order; or

(c)an SEO review hearing—

the relevant court may make such an appointment.".

(4)For section 32(3) of the Principal Act substitute—

"(3)The relevant court may appoint another suitably qualified person as special counsel to represent the interests of the subject of the substantive application at the relevant part of the hearing of the substantive application if—

(a)the person appointed under subsection (1) is unable to act in relation to that hearing; or

(b)if the relevant court is the Supreme Court—the Supreme Court considers it appropriate to do so.

(4)The relevant court may appoint another suitably qualified person as special counsel to represent the interests of the subject of an SEO review hearing at the relevant part of the SEO review hearing if—

(a)the person appointed under subsection (1) is unable to act in relation to that hearing; or

(b)if the relevant court is the Supreme Court—the Supreme Court considers it appropriate to do so.

(5)For the purposes of subsections (3) and (4), if a court other than the Supreme Court is to appoint another suitably qualified person as special counsel, subsection (2) applies as if a reference in that subsection to the Supreme Court were a reference to that other court.".

15Role of special counsel

(1)In section 33(1) of the Principal Act, for "section 32(1)—" substitute "section 32(1) or (2A)—".

(2)For section 33(1)(a)(i) of the Principal Act substitute—

"(i)a summary of the grounds on which the protection application is made; and

(ia)if the protection application is made in respect of a substantive application, the grounds on which that application is made; and

(ib)the evidence on which the applicant seeks to rely to the extent possible without revealing any relevant information; and".

(3)In section 33(1)(a)(ii) of the Principal Act, for "substantive application," substitute "substantive application or hearing,".

(4)In section 33(1)(b) of the Principal Act, for "substantive application" (where twice occurring) substitute "substantive application or hearing".

(5)In section 33(1)(c) of the Principal Act, for "substantive application" substitute "substantive application or hearing".

(6)In section 33(2) of the Principal Act, for "section 32(3)—" substitute "section 32(3) or (4)—".

(7)In section 33(2)(a) of the Principal Act, for "substantive application" (where first occurring) substitute "substantive application or hearing".

(8)For section 33(2)(a)(i) of the Principal Act substitute—

"(i)a summary of the grounds on which the protection application was made; and

(ia)if the protection application was made in respect of a substantive application or hearing, the grounds on which that application was made; and

(ib)the evidence on which reliance will be sought on the substantive application or hearing to the extent possible without revealing any protected counter terrorism intelligence; and".

(9)In section 33(2)(a)(ii) of the Principal Act, for "substantive application," substitute "substantive application or hearing,".

(10)In section 33(2)(b) of the Principal Act, for "substantive application" (where twice occurring) substitute "substantive application or hearing".

(11)In section 33(2)(c), (3)(b) and (4) of the Principal Act, for "substantive application" substitute "substantive application or hearing".

(12)In section 33(5) of the Principal Act—

(a)for "Supreme Court" substitute "relevant court"; and

(b)for "substantive application" substitute "substantive application or hearing".

16Section 34 substituted

For section 34 of the Principal Act substitute—

34Adjournment to allow special counsel to communicate with subject"

(1)The Supreme Court may adjourn the hearing of a protection application to allow a special counsel appointed under section 32 to communicate with the subject of the substantive application or hearing, or a representative of the subject, in accordance with section 33.

(2)The relevant court may adjourn the hearing of the relevant part of—

(a)the hearing of a substantive application; or

(b)an SEO review hearing—

to allow a special counsel appointed under section 32 to communicate with the subject of the substantive application or hearing, or a representative of the subject, in accordance with section 33.

(3)Nothing in this section limits any other power of the Supreme Court or any other court to adjourn a proceeding.".

17Offence to enter closed court

(1)After section 35(1) of the Principal Act insert—

"(1A)A person not referred to in section 31A(3) who knows, or is reckless as to the fact that, a hearing is being held in closed court under section 31A must not enter the place where the hearing is being held.

Penalty:Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.".

(2)In section 35(2) of the Principal Act—

(a)in paragraph (a), for "subsection (1);" substitute "subsection (1) or (1A);";

(b)in paragraph (b), for "section 31(4)(a)" substitute "section 31B(2)(a)".

18Offence to publish report of hearing

(1)In section 36(1) of the Principal Act, for "a report of a hearing of a protection application or the relevant part of a proceeding on a substantive application" substitute "a report of—

(a)the hearing of a protection application; or

(b)the relevant part of the hearing of a substantive application; or

(c)the relevant part of the hearing of an SEO review hearing—".

(2)In section 36(3) of the Principal Act, for "section 30(2)." substitute "section 30(3).".

19Disclosure, receipt or solicitation of other confidential material

In section 37A(3)(b) of the Principal Act, for "by or on behalf of the applicant in relation to a substantive application;" substitute "in relation to a substantive application or hearing;".

Division 2—Other amendments

20Definition of corresponding preventative detention law

In section 3(1) of the Principal Act, in the definition of corresponding preventative detention law—

(a)in paragraph (b)(i), for "this Part;" substitute "Part 2AA or Part 2A;";

(b)for paragraph (b)(ii) substitute—

"(ii)is or are prescribed;".

21Statute law revision

In the heading to section 37D of the Principal Act, for "investigations" substitute "inspections".

22References to the Secretary

(1)For section 4Q(b) of the Principal Act substitute—

"(b)the Secretary.".

(2)In section 4R of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(3)In section 13AR of the Principal Act—

(a)in subsections (2) and (3), for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary";

(b)in subsections (6) and (9), for "Secretary to the Department of Justice and Regulation," substitute "Secretary,";

(c)in subsection (9), for "employed in the Department of Justice and Regulation" substitute "employed in the Department of Justice and Community Safety".

(4)In section 13AT of the Principal Act—

(a)in subsection (2), for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary";

(b)in subsection (5), for "the Secretary to the Department of Justice and Regulation," substitute "the Secretary,".

(5)In section 13AZZE(3) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(6)In section 13AZZF(2) of the Principal Act, for "the Secretary to the Department of Justice and Regulation)" substitute "the Secretary)".

(7)In section 13AZZM(1)(c)(i) of the Principal Act, for "the Secretary to the Department of Justice and Regulation;" substitute "the Secretary;".

(8)In section 13AZZR of the Principal Act—

(a)in subsection (2), for "employed in the Department of Justice and Regulation" substitute "employed in the Department of Justice and Community Safety";

(b)in the Note at the foot of subsection (2), for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(9)In section 13D(7) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(10)In section 13E(8) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(11)In section 13F(8) of the Principal Act, for "the Secretary to the Department of Justice and Regulation," substitute "the Secretary,".

(12)In section 13I(8) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(13)In section 13N(6) and (8) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(14)In section 13O(5) and (8) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(15)In section 13W(1) and (3) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(16)In section 13WA(1) and (3) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(17)In section 13WA(9) of the Principal Act—

(a)for "Secretary to the Department of Justice and Regulation" substitute "Secretary";

(b)for "employed in the Department of Justice and Regulation" substitute "employed in the Department of Justice and Community Safety".

(18)In section 13WB(2) and (4) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(19)In section 13ZJ of the Principal Act—

(a)in subsection (4), for "employed in the Department of Justice and Regulation" substitute "employed in the Department of Justice and Community Safety";

(b)in the Note at the foot of subsection (4), for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

(20)In section 13ZM of the Principal Act—

(a)in subsection (3), for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary";

(b)in subsection (4), for "the Secretary to the Department of Justice and Regulation)" substitute "the Secretary)".

23New section 38A inserted

After section 38 of the Principal Act insert—

38AFurther review"

(1)The Minister must cause a review of the operation of this Act to be undertaken.

(2)The review must commence no later than 1 December 2028.

(3)The review must—

(a)assess the ongoing need, effectiveness, fairness and proportionality of the powers and duties under this Act, having regard to the adequacy of the applicable safeguards and oversight mechanisms; and

(b)be undertaken having regard to the views of the community and of relevant entities and independent experts.

(4)The review must be completed within 18 months of its commencement.

(5)The Minister must ensure that the review is tabled before each House of the Parliament as soon as practicable after it is completed.".

24Expiry

In section 41 of the Principal Act, for "1 December 2021." substitute "1 December 2031.".

Part 3—Related amendments to other Acts

25Children, Youth and Families Act 2005

(1)In section 3(1) of the Children, Youth and Families Act 2005, in the definition of proper venue—

(a)in paragraph (a), for "the National Domestic Violence Order Scheme Act 2016 or the Personal Safety Intervention Orders Act 2010)," substitute "the National Domestic Violence Order Scheme Act 2016, the Personal Safety Intervention Orders Act 2010 or Part 4A of the Terrorism (Community Protection) Act 2003),";

(b)after paragraph (e) insert—

"(f)in relation to a proceeding brought under Part 4A of the Terrorism (Community Protection) Act 2003, means the venue of the Court as determined by or under a practice note issued under section 592, or, if no such practice note is in force—

(i)the venue of the Court that is nearest to the place of residence of the child; or

(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the administrative and other facilities available at particular venues of the Court;

(B)the ability of the parties to attend a particular venue of the court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;

(C)the need to manage case flow;

(D)any other considerations the Court thinks relevant;".

(2)In section 515(1) of the Children, Youth and Families Act 2005—

(a)in paragraph (o), for "Schedule." substitute "Schedule; or";

(b)after paragraph (o) insert—

"(p)the making, variation, extension or revocation of a support and engagement order within the meaning of Part 4A of the Terrorism (Community Protection) Act 2003 in respect of a child.".

(3)After section 515(2) of the Children, Youth and Families Act 2005 insert—

"(3)The Family Division also has jurisdiction with respect to review hearings under Subdivision 4 of Division 5 of Part 4A of the Terrorism (Community Protection) Act 2003 in respect of a child.".

(4)After section 524(12) of the Children, Youth and Families Act 2005 insert—

"(13)Nothing in this section applies to—

(a)a proceeding on an application for the making, variation, extension or revocation of a support and engagement order within the meaning of Part 4A of the Terrorism (Community Protection) Act 2003 in respect of a child; or

(b)a review hearing under Subdivision 4 of Division 5 of Part 4A of the Terrorism (Community Protection) Act 2003 in respect of a child.

Note

See Subdivision 11 of Division 5 of Part 4A of the Terrorism (Community Protection) Act 2003.".

26Health Records Act 2001

After section 14D of the Health Records Act 2001 insert—

14EInformation sharing under Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003"

(1)Nothing in HPP 1.3, 1.4 or 1.5, or any applicable code of practice modifying the application of HPP 1.3, 1.4 or 1.5 or prescribing how HPP 1.3, 1.4 or 1.5 is to be applied or complied with, applies to the collection of personal information by an authorised discloser in accordance with Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

(2)Nothing in HPP 2, or any applicable code of practice modifying the application of HPP 2 or prescribing how HPP 2 is to be applied or complied with, applies to the use or disclosure, for the purposes of Part 4A of the Terrorism (Community Protection) Act 2003, of personal information that an authorised discloser has had disclosed to them in accordance with Division 6 of that Part.

(3)Nothing in HPP 6, or any applicable code of practice modifying the application of HPP 6 or prescribing how HPP 6 is to be applied or complied with, applies to personal information that an authorised discloser has had disclosed to them in accordance with Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

(4)In this section—

authorised discloser has the same meaning as it has in Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

Note

See section 22EJ of that Act.".

27Magistrates' Court Act 1989

(1)In section 3(1) of the Magistrates' Court Act1989, in the definition of proper venue, in paragraphs (dc) and (e), for "jurisdiction—" substitute "jurisdiction, means—".

(2)In section 3(1) of the Magistrates' Court Act1989, in the definition of proper venue, after paragraph (dc) insert—

"(dd)in relation to a proceeding under Part 4A of the Terrorism (Community Protection) Act 2003 (other than a proceeding in respect of an offence under section 22CU of that Act), means—

(i)the place of residence of the supported person (within the meaning of that Part) or the person in respect of whom it is proposed that the support and engagement order be made (as the case requires); or

(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the administrative and other facilities available at particular venues of the Court;

(B)the ability of the parties to attend a particular venue of the court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;

(C)the need to manage case flow;

(D)any other considerations the Court thinks relevant;".

28Privacy and Data Protection Act 2014

After section 15C of the Privacy and Data Protection Act 2014 insert—

15DInformation sharing under Division 6 of Part 4A of Terrorism (Community Protection) Act 2003"

(1)Nothing in IPP 1.3, 1.4 or 1.5, or any applicable code of practice modifying the application of IPP 1.3, 1.4 or 1.5 or prescribing how IPP 1.3, 1.4 or 1.5 is to be applied or complied with, applies to the collection of personal information by an authorised discloser in accordance with Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

(2)Nothing in IPP 2, or any applicable code of practice modifying the application of IPP 2 or prescribing how IPP 2 is to be applied or complied with, applies to the use or disclosure, for the purposes of Part 4A of the Terrorism (Community Protection) Act 2003, of personal information that an authorised discloser has had disclosed to them in accordance with Division 6 of that Part.

(3)Nothing in IPP 6, or any applicable code of practice modifying the application of IPP 6 or prescribing how IPP 6 is to be applied or complied with, applies to personal information that an authorised discloser has had disclosed to them in accordance with Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

(4)In this section—

authorised discloser has the same meaning as it has in Division 6 of Part 4A of the Terrorism (Community Protection) Act 2003.

Note

See section 22EJ of that Act.".

29Public Interest Monitor Act 2011

(1)In section 4 of the Public Interest Monitor Act 2011 insert—

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

(2)In section 4 of the Public Interest Monitor Act 2011, in the definition of relevant application, after paragraph (i) insert—

"(ia)a counter-terrorism intelligence protection order;".

Part 4—Amendment of Victorian Institute of Forensic Medicine Act 1985

30Reference to Community Services Act 1970

For section 67(2)(j) of the Victorian Institute of Forensic Medicine Act 1985 substitute—

"(j)a nominee of the Minister for the time being administering Chapter 3 of the Children, Youth and Families Act 2005 who has responsibility for child protection; and".

Part 4A—Amendment of the Juries Act 2000

30AQuestionnaire

In section 20(1) of the Juries Act 2000, after "period" insert "or whether the person may be exempted under section 27(4) from being summoned for jury service".

30BSummons

(1)After section 27(3) of the Juries Act 2000 insert—

"(4)The Juries Commissioner, in the Commissioner's discretion, may exempt a person or class of persons from being summoned if, in the Commissioner's opinion, there is good cause to do so based on health, safety or welfare concerns relating to the person, that class of persons or the community.

(5)In deciding whether there is good cause to make an exemption under subsection (4), the Juries Commissioner—

(a)may consult with the Chief Health Officer within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008; and

(b)may make any enquiries and request any documents or other information the Commissioner considers necessary to determine whether a person or class of persons should be exempt from being summoned for good cause based on health, safety or welfare concerns relating to the person, that class of persons or the community.

(6)If the Juries Commissioner exempts a person or a class of persons under subsection (4), the Commissioner must notify the person or any person who belongs to that class of persons about the exemption.

(7)The Juries Commissioner—

(a)is not required to issue a summons to a person or class of persons exempted under subsection (4); and

(b)may recall and cancel any summons issued to a person who is exempted under subsection (4) after the issue of a summons to that person, whether the summons was issued before, on or after the commencement of this subsection and regardless of when the decision to exempt is made.

(8)An exemption under subsection (4) may be made at any time before a person becomes a member of a panel.

(9)For the avoidance of doubt, a person cannot waive an exemption made under subsection (4).".

30CObligation to answer questions or produce document

In section 68(2) of the Juries Act 2000, after "jury service" insert ", whether the person may be exempted under section 27(4) from being summoned for jury service or whether a summons should be recalled or cancelled under section 27(7)(b)".

30DNew section 101 inserted

After section 100 of the Juries Act 2000 insert—

101Repeal of powers to exempt from being summoned"

(1)On 26 October 2022—

(a)in section 20(1), omit "or whether the person may be exempted under section 27(4) from being summoned for jury service";

(b)in section 27, subsections (4) to (9) are repealed;

(c)in section 68(2), omit ", whether the person may be exempted under section 27(4) from being summoned for jury service or whether a summons should be recalled or cancelled under section 27(7)(b)".

(2)This section is repealed on 27 October 2022.".

Part 5—Repeal of this Act

31Repeal of this Act

This Act is repealed on 2 September 2023.

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 September 2021

Legislative Council: 14 October 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Terrorism (Community Protection) Act 2003 in relation to radicalisation towards violent extremism and the protection of counter‑terrorism intelligence, to require a further review of the operation of the Act, to delay the expiry of that Act, to make consequential and related amendments to certain other Acts, to amend the Juries Act 2000 to provide for the Juries Commissioner to exempt persons or classes of person from being summoned for jury service and to amend the Victorian Institute of Forensic Medicine Act 1985 to update a reference to a repealed Act and for other purposes."