Untitled document
Major Crime Legislation (Office of Police Integrity) Act 2004
Act No. 63/2004
table of provisions
Section Page
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Police Regulation Act 1958
3.New Part VB inserted
Part VB—Office of Police Integrity
102A.Office of Police Integrity
102B.Functions and Powers
102C.Acting Director
102D.Oath or affirmation
102E.Staffing
102F.Delegation by Director
102G.Confidentiality
102H.Disclosure of information to corresponding authorities
102I.Disclosure of information to the Privacy Commissioner
102J.Annual and other reports
4.Consequential amendments
5.Supreme Court—limitation of jurisdiction
6.New section 133 inserted
133.Transitional provision on creation of Director
Part 3—Ombudsman Act 1973
7.Director replaces Police Ombudsman
Part 4—Public Sector Management and Employment Act 1998
8.Director is an Agency Head
Part 5—Surveillance Devices Act 1999
9.Surveillance device powers for Office of Police Integrity
10.Annual reports
11.New section 37A inserted
37A.Regulations
12.Further consequential amendment
Part 6—Surveillance Devices (Amendment) Act 2004
13.Definitions
14.Consequential amendment
15.Amendments regarding relevant monitors
16.New section 16 substituted
16.New section 36 substituted and section 37 repealed
Part 7—Crimes (Assumed Identities) Act 2004
17.Definitions
18.Supervisors
19.Delegation
Part 8—Crimes (Controlled Operations) Act 2004
20.Definitions
21.Amendment of notes about delegations
22.Amendments regarding relevant monitors
23.Delegation
24.New section 45A inserted
45A.Delegations within the Office of Police Integrity
Part 9—Telecommunications (Interception)
(State Provisions) Act 1988
25.Purpose
26.Definitions
27.New Parts 3A and 3B inserted
Part 3A—Functions of the Office of Police Integrity
20A.Documents connected with issue of warrants to be kept
20B.Other records to be kept in connection with
interceptions20C.Documents to be given to the Minister
20D.Documents to be given by State Minister to Commonwealth Minister
20E.Keeping and destruction of restricted records
Part 3B—Functions of the Special Investigations Monitor
20F.Functions—generally
20G.Regular inspections of records of Office of Police Integrity
20H.Reports
20I.Special Investigations Monitor may report on breaches
20J.Special Investigations Monitor's general powers
20K.Power to obtain relevant information
20L.Special Investigations Monitor to be given information and access notwithstanding other laws
20M.Dealing with information for the purposes of inspection and report
20N.Special Investigations Monitor not to be sued
20O.Delegation by Special Investigations Monitor
28.Further amendments
Part 10—Amendment of Other Acts
29.Juries Act 2000
30.Whistleblowers Protection Act 2001
31.Supreme Court—limitation of jurisdiction
32.New section 111B inserted in Whistleblowers Protection
Act 2001111B.Transitional provision on creation of Office of Police Integrity
33.Witness Protection Act 1991
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Endnotes
Major Crime Legislation (Office of Police Integrity) Act 2004
[Assented to 12 October 2004]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is to—
(a)amend the Police Regulation Act 1958 and the Ombudsman Act 1973 to establish the Office of Police Integrity and the Director, Police Integrity to replace the Police Ombudsman;
(b)amend the Public Sector Management and Employment Act 1998 to provide the Director with Agency Head powers under that Act;
(c)amend the Surveillance Devices Act 1999, the Surveillance Devices (Amendment) Act 2004, the Crimes (Assumed Identities) Act 2004 and the Crimes (Controlled Operations) Act 2004 to allow the Office of Police Integrity and the Director to exercise powers under those Acts;
(d)amend the Telecommunications (Interception) (State Provisions) Act 1988 to make provision for the Office of Police Integrity and the Director in relation to the use of powers under the Telecommunications (Interception) Act 1979 of the Commonwealth;
(e)make consequential amendments to other Acts.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of Part 2, 3, 4, 5 (other than section 12) or 10 does not come into operation before 1 July 2005, it comes into operation on that day.
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Part 2Police Regulation Act 1958—
3.New Part VB inserted
After Part VA of the Police Regulation Act 1958 insert—
'Part VB—Office of Police Integrity
102A.Office of Police Integrity
(1)The Office of Police Integrity is established.
(2)The Office is to have a Director, called the Director, Police Integrity, who is to be the same person as the person who holds office as Ombudsman.
(3)If the person holding office as Director ceases to hold office as Ombudsman, he or she also ceases to hold office as Director.
(4)If the person holding office as Director is suspended from office as Ombudsman, he or she is also suspended from office as Director.
(5)The Public Sector Management and Employment Act 1998 does not apply to the Director in respect of his or her office as such except as provided in section 16 of that Act.
Note:Section 16 of the Public Sector Management and Employment Act 1998 provides that the Director has the powers of an Agency Head under that Act in relation to employees in the Office of Police Integrity.
102B.Functions and Powers
(1)The Office of Police Integrity and the Director have the functions conferred on the Office or Director (as the case may be) by this Act or any other Act.
(2)The Office of Police Integrity and the Director have power to do all things that are necessary or convenient to be done for or in connection with the performance of their functions.
102C.Acting Director
(1)If, for any reason, the person holding the office of Ombudsman is unable to perform the duties of the Director, or if the office of Ombudsman is vacant, the person appointed as Acting Ombudsman under section 6 of the Ombudsman Act 1973 (if any) is to act as the Director.
(2)While acting as Director, the Acting Ombudsman has all the powers and must perform all the duties of the Director.
102D.Oath or affirmation
(1)Before the Director or Acting Director performs any of the duties of the Director, he or she must take an oath or make an affirmation that he or she—
(a)will faithfully and impartially perform the duties of office of Director; and
(b)will not divulge, except according to law, any information received in the performance of those duties.
(2)Before a member of staff of the Office of Police Integrity performs any duties as a member of staff, he or she must take an oath or make an affirmation that he or she—
(a)will faithfully and impartially perform his or her duties; and
(b)will not divulge, except according to law, any information received in the performance of those duties.
(3)The Director may require a person engaged under section 102E(1)(b), or a member of a body engaged under that section, or an officer or employee of such a person or body, to take an oath or make an affirmation that the person, member, officer or employee—
(a)will faithfully and impartially perform his or her duties; and
(b)will not divulge, except according to law, any information received in the performance of those duties.
(4)An oath or affirmation under this section is to be administered by—
(a)the Speaker of the Legislative Assembly, in the case of the Director or Acting Director;
(b)the Director or Acting Director, in any other case.
102E.Staffing
(1)For the purpose of performing the functions of the Office of Police Integrity or the functions of the Director, the Director may—
(a)employ persons under Part 3 of the Public Sector Management and Employment Act 1998;
(b)engage persons or bodies to provide services;
(c)take persons on secondment from other bodies.
(2)The Public Sector Management and Employment Act 1998 does not apply to—
(a)a member of the force who is seconded to the Office of Police Integrity in respect of the secondment; or
(b)a person or body engaged under sub‑section (1)(b).
102F.Delegation by Director
The Director may, by instrument, delegate to any person any power of the Director under this or any other Act, other than this power of delegation.
102G.Confidentiality
(1)A person, including the Director or a member of staff of the Office of Police Integrity, who obtains or receives information in the course or as a result of the performance of the functions of the Director under this Act must not disclose that information except—
(a)for the purposes of the performance of the functions of the Director under this Act; or
(b)for the purpose of the taking of any action requested by the Director in a report made under section 86P(5); or
(c)as authorised by section 102H or 102I; or
(d)for the purposes of any proceedings for—
(i)perjury or giving false information; or
(ii)a breach of discipline under section 69; or
(iii)failure to comply with a direction under section 86Q; or
(iv)an offence against this Act or section 19 of the Evidence Act 1958; or
(e)as otherwise authorised by law.
Penalty:120 penalty units or imprisonment for 12 months or both.
(2)Sub-section (1) does not apply to a person who has made a complaint under section 86L in respect of information received in relation to that complaint.
(3)Proceedings for an offence against sub-section (1) may be instituted only—
(a)by the Director; or
(b)by or with the consent of the Director of Public Prosecutions.
102H.Disclosure of information to corresponding authorities
(1)The Director may disclose to a corresponding authority of another jurisdiction any information obtained or received in the course or as a result of the performance of the functions of the Director under this Act, being information relating to a matter—
(a)arising under an Act of the other jurisdiction; or
(b)arising out of a joint undertaking between Victoria and the other jurisdiction.
(2)In this section—
"corresponding authority" of another jurisdiction, means a person or body having the function under the law of that jurisdiction of investigating the conduct of law enforcement agencies or law enforcement officers of that jurisdiction;
"jurisdiction" means the Commonwealth or a State or Territory of the Commonwealth;
"law enforcement agency" of another jurisdiction, means—
(a)the police force or police service (however described) of that jurisdiction; or
(b)a body prescribed by the regulations as a law enforcement agency of that jurisdiction;
"law enforcement officer" of another jurisdiction, means a member, officer, employee or member of staff (however described) of a law enforcement agency of that jurisdiction.
102I.Disclosure of information to the Privacy Commissioner
The Director may disclose to the Privacy Commissioner appointed under the Information Privacy Act 2000 any information obtained or received in the course or as a result of the exercise of the functions of the Director under this Act, being information relevant to the performance of functions or duties by the Privacy Commissioner.
102J.Annual and other reports
(1)As soon as practicable after the end of each financial year, the Director must cause a report on the performance of his or her functions under this Act during that year to be laid before each House of Parliament.
(2)The Director may at any time cause a report on any matter arising in connection with the performance of his or her functions under this Act to be laid before each House of Parliament.'.
4.Consequential amendments
(1)In section 3(1) of the Police Regulation Act 1958—
(a)insert the following definitions—
' "Director" means the Director, Police Integrity under section 102A(2);
"member of staff of the Office of Police Integrity" means—
(a)an employee in the Office of Police Integrity; or
(b)a person who is seconded to the Office of Police Integrity;
"Office of Police Integrity" means the Office of Police Integrity established by section 102A(1);';
(b)the definition of "Police Ombudsman" is repealed.
(2)After section 69(2) of the Police Regulation Act 1958 insert—
"(3)A member of the force may commit a breach of discipline under sub-section (1) in respect of conduct engaged in while seconded to the Office of Police Integrity.".
(3)Section 86I of the Police Regulation Act 1958 is repealed.
(4)For section 86J(1) of the Police Regulation Act 1958 substitute—
"(1)None of the following is liable, whether on the ground of lack of jurisdiction or on any other ground, to any civil or criminal proceedings to which they would have been liable apart from this section in respect of any act purported to be done under this Act unless the act was done in bad faith—
(a)the Director;
(b)a member of staff of the Office of Police Integrity;
(c)a person who has taken an oath or made an affirmation under section 102D(3);
(d)a person (other than a natural person) engaged under section 102E(1)(b), if any officer or employee of the person has taken an oath or made an affirmation under section 102D(3);
(e)the members of a body engaged under section 102E(1)(b), if any member, officer or employee of the body has taken an oath or made an affirmation under section 102D(3).".
(5)In the Police Regulation Act 1958—
(a)in section 86J(2), (3), (4) and (5), for "Police Ombudsman" (wherever occurring) substitute "Director";
(b)in section 86K—
(i)for "Police Ombudsman" (wherever occurring) substitute "Director";
(ii)in sub-section (2), for "the Ombudsman" substitute "the Director";
(c)in section 86L—
(i)for "Police Ombudsman" (wherever occurring) substitute "Director";
(ii)in sub-section (7), for "an officer of the Ombudsman" (where twice occurring) substitute "a member of staff of the Office of Police Integrity";
(d)in sections 86LA and 86M for "Police Ombudsman" (wherever occurring) substitute "Director";
(e)in section 86N—
(i)for "Police Ombudsman" (wherever occurring) substitute "Director";
(ii)in sub-section (1)(a), for "Police Ombudsman's" substitute "Director's";
(f)in the heading to section 86NA and in section 86NA(1), for "Police Ombudsman" substitute "Director".
(6)For section 86NA(2) of the Police Regulation Act 1958 substitute—
"(2)The Director may give written notice of an investigation on his or her own motion to the Minister and the Chief Commissioner.".
(7)In the Police Regulation Act 1958—
(a)in sections 86NA(3), 86O, 86P (including in the heading to section 86P), 86PA (including in the heading to section 86PA), 86Q, 86QA, 86R, 86S and 86T for "Police Ombudsman" (wherever occurring) substitute "Director";
(b)in section 86R(4)(b), for "Police Ombudsman's" substitute "Director's";
(c)in section 86TA(1)—
(i)for "the Ombudsman, the Police Ombudsman or any officer of the Ombudsman" substitute "a relevant person or body";
(ii)in paragraph (a), for "Police Ombudsman" substitute "Director";
(d)in section 86TA(2), in the definition of "document", for "1982." substitute "1982;";
(e)in section 86TA(2), after the definition of "document" insert—
' "relevant person or body" means—
(a)the Special Investigations Monitor;
(b)an employee in the office of the Special Investigations Monitor;
(c)the Director;
(d)a member of staff of the Office of Police Integrity;
(e)a person engaged under section 102E(1)(b), or an officer or employee of such a person;
(f)a body engaged under section 102E(1)(b), or a member, officer or employee of such a body.';
(f)in sections 86U, 86V, 86W and 86Z for "Police Ombudsman" (wherever occurring) substitute "Director".
5.Supreme Courtlimitation of jurisdiction—
After section 129A(2) of the Police Regulation Act 1958 insert—
"(3)It is the intention of section 86J, as amended by section 4 of the Major Crime Legislation (Office of Police Integrity) Act 2004, to alter or vary section 85 of the Constitution Act 1975.".
6.New section 133 inserted
After section 132 of the Police Regulation Act 1958 insert—
'133.Transitional provision on creation of Director
(1)If—
(a)a complaint about the conduct of a member of the force was made under Part IVA before the commencement day; and
(b)the investigation of the complaint was not finalised before that day—
the complaint is to be dealt with on and after the commencement day in accordance with Part IVA as if it had been a complaint made to the Director.
(2)An investigation begun by the Police Ombudsman under Part IVA but not finalised before the commencement day is to be continued on and after the commencement day by the Director in accordance with Part IVA.
(3)In this section—
"commencement day" means the day on which section 6 of the Major Crime Legislation (Office of Police Integrity) Act 2004 comes into operation.'.
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Part 3Ombudsman Act 1973—
7.Director replaces Police Ombudsman
In the Ombudsman Act 1973—
(a)in section 2, the definition of "Police Ombudsman" is repealed;
(b)sections 6A and 6B are repealed;
(c)in section 7 omit "and Police Ombudsman";
(d)in section 8(1), for ", the Acting Ombudsman or the Police Ombudsman is not, in respect of the office of Ombudsman, Acting Ombudsman or Police Ombudsman" substitute "or Acting Ombudsman is not, in respect of the office of Ombudsman or Acting Ombudsman";
(e)in section 10(1)—
(i)omit "or Police Ombudsman";
(ii)in paragraph (a) omit "and Police Ombudsman";
(f)section 11(4) is repealed;
(g)in section 12(2), for "Police Ombudsman" substitute "Director, Police Integrity under the Police Regulation Act 1958".
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Part 4Public Sector Management and Employment Act 1998—
8.Director is an Agency Head
After section 16(1)(e) of the Public Sector Management and Employment Act 1998 insert—
"(ea)the Director, Police Integrity in relation to the Office of Police Integrity;".
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Part 5Surveillance Devices Act 1999—
9.Surveillance device powers for Office of Police Integrity
(1)In section 3(1) of the Surveillance Devices Act 1999—
(a)insert the following definitions—
' "Director" means the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958;
"Office of Police Integrity" means the Office of Police Integrity established by section 102A(1) of the Police Regulation Act 1958;
"prescribed member of staff of the Office of Police Integrity" means—
(a)the Director; or
(b)an employee in the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition; or
(c)a member of the police force, member of staff of the Australian Crime Commission or member of the police force or police service (however described) of another jurisdiction, who is seconded to the Office of Police Integrity;';
(b)in the definition of "chief law enforcement officer", after paragraph (b) insert—
"(ba)in relation to a prescribed member of staff of the Office of Police Integrity—the Director;";
(c)in the definition of "law enforcement officer", after paragraph (b) insert—
"(ba)a prescribed member of staff of the Office of Police Integrity;";
(d)in the definition of "senior law enforcement officer", after paragraph (b) insert—
"(ba)in relation to a prescribed member of staff of the Office of Police Integrity—
(i)the Director; or
(ii)a prescribed member of staff of the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition;".
(2)In section 36(1)(b) of the Surveillance Devices Act 1999—
(a)in sub-paragraph (v), for "proceedings." substitute "proceedings; or";
(b)after sub-paragraph (v) insert—
"(vi)an investigation under Part IVA of the Police Regulation Act 1958 or Part 5 of the Whistleblowers Protection Act 2001.".
10.Annual reports
After section 37(1)(b) of the Surveillance Devices Act 1999 insert—
"(ba)the Director must submit a report to the Minister that includes the following information—
(i)the number of applications for warrants by and the number of warrants issued to prescribed members of staff of the Office of Police Integrity during that year; and
(ii)the number of applications for emergency authorisations by and the number of emergency authorisations given to prescribed members of staff of the Office of Police Integrity during that year; and
(iii)any other information relating to the use of surveillance devices and the administration of this Act that the Minister considers appropriate;".
11.New section 37A inserted
After section 37 of the Surveillance Devices Act 1999 insert—
"37A.Regulations
(1)The Governor in Council may make regulations for or with respect to prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or limited application;
(b)may differ according to differences in time, place or circumstances.".
12.Further consequential amendment
In section 3(1) of the Surveillance Devices Act 1999, in the definition of "prescribed member of staff of the Office of Police Integrity", in paragraph (a), for "the police force" substitute "Victoria Police".
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Part 6Surveillance Devices (Amendment) Act 2004—
13.Definitions
(1)In section 5(1)(a) of the Surveillance Devices (Amendment) Act 2004—
(a)in the definition of "law enforcement agency", after paragraph (d) insert—
"(e)the Office of Police Integrity;";
(b)after the definition of "public officer" insert—
' "relevant monitor" means—
(a)the Victorian Ombudsman in relation to Victoria Police, the Department of Primary Industries or the Department of Sustainability and Environment;
(b)the Commonwealth Ombudsman in relation to the Australian Crime Commission;
(c)the Special Investigations Monitor in relation to the Office of Police Integrity;';
(c)the definition of "relevant Ombudsman" is repealed;
(d)after the definition of "retrieval warrant" insert—
' "Special Investigations Monitor" means the Special Investigations Monitor appointed under the Major Crime (Special Investigations Monitor) Act 2004;'.
(2)In section 5(1) of the Surveillance Devices (Amendment) Act 2004—
(a)in paragraph (b), in the definition of "chief officer", for paragraph (d) substitute—
"(d)in relation to the Department of Sustainability and Environment—the Secretary to that department;
(e)in relation to the Office of Police Integrity—the Director;';";
(b)in paragraph (c), for the definition of "law enforcement officer" substitute—
' "law enforcement officer" means—
(a)in relation to Victoria Police—
(i)a member of Victoria Police; or
(ii)a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(b)in relation to the Australian Crime Commission—
(i)a member of staff of the Australian Crime Commission; or
(ii)a person who is seconded to the Australian Crime Commission, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(c)in relation to the Department of Primary Industries—
(i)an authorised officer within the meaning of the Conservation, Forests and Lands Act 1987 appointed by the Secretary to that department; or
(ii)a person who is seconded to the Department of Primary Industries, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(d)in relation to the Department of Sustainability and Environment—
(i)an authorised officer within the meaning of the Conservation, Forests and Lands Act 1987 appointed by the Secretary to that department; or
(ii)a person who is seconded to the Department of Sustainability and Environment, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(e)in relation to the Office of Police Integrity—a prescribed member of staff of the Office of Police Integrity;';
(c)in paragraph (j), in the definition of "senior officer", for paragraph (d) substitute—
"(d)in relation to the Department of Sustainability and Environment—the Secretary to that department;
(e)in relation to the Office of Police Integrity—
(i)the Director; or
(ii)a prescribed member of staff of the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition;';".
14.Consequential amendment
In section 10 of the Surveillance Devices (Amendment) Act 2004, for proposed section 25(b) substitute—
"(b)law enforcement officers of the Department of Primary Industries or Department of Sustainability and Environment.".
15.Amendments regarding relevant monitors
In section 13 of the Surveillance Devices (Amendment) Act 2004, in proposed sections 30F(1)(g), 30P (including the heading to proposed section 30P) and 30Q, for "relevant Ombudsman" (wherever occurring) substitute "relevant monitor".
16.New section 16 substituted
For section 16 of the Surveillance Devices (Amendment) Act 2004 substitute—
'16.New section 36 substituted and section 37 repealed
For sections 36 and 37 of the Principal Act substitute—
"36.Evidentiary certificates
(1)A senior officer of a law enforcement agency, or a person assisting him or her, may issue a written certificate signed by the officer or person setting out any facts he or she considers relevant with respect to—
(a)anything done by a law enforcement officer of the agency, or by a person assisting or providing technical expertise to him or her, in connection with the execution of a warrant or in accordance with an emergency authorisation; or
(b)anything done by a law enforcement officer of the agency in connection with—
(i)the communication by a person to another person; or
(ii)the making use of; or
(iii)the making of a record of; or
(iv)the custody of a record of—
information obtained by the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation.
(2)A document purporting to be a certificate issued under sub-section (1) or under a provision of a corresponding law that corresponds to sub-section (1) is admissible in evidence in any proceeding.
(3)Sub-section (2) does not apply to a certificate to the extent that the certificate sets out facts with respect to anything done in accordance with an emergency authorisation or corresponding emergency authorisation unless the use of powers under that authorisation has been approved under section 30 or under a provision of a corresponding law that corresponds to section 30.".'.
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Part 7Crimes (Assumed Identities) Act 2004—
17.Definitions
In section 3 of the Crimes (Assumed Identities) Act 2004—
(a)insert the following definitions—
' "Director" means the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958;
"Office of Police Integrity" means the Office of Police Integrity established by section 102A(1) of the Police Regulation Act 1958;
"prescribed member of staff of the Office of Police Integrity" means—
(a)the Director; or
(b)an employee in the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition; or
(c)a member of Victoria Police, member of staff of the Australian Crime Commission or member of the police force or police service (however described) of another jurisdiction, who is seconded to the Office of Police Integrity;';
(b)in the definition of "chief officer", after paragraph (a)(ii) insert—
"(iii)in relation to the Office of Police Integrity—the Director;";
(c)in the definition of "law enforcement agency", after paragraph (b) insert—
"(c)the Office of Police Integrity;";
(d)for the definition of "law enforcement officer" substitute—
' "law enforcement officer" means—
(a)in relation to Victoria Police—
(i)a member of Victoria Police; or
(ii)a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(b)in relation to the Australian Crime Commission—
(i)a member of staff of the Australian Crime Commission; or
(ii)a person who is seconded to the Australian Crime Commission, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(c)in relation to the Office of Police Integrity—a prescribed member of staff of the Office of Police Integrity;'.
18.Supervisors
For section 5(4) of the Crimes (Assumed Identities) Act 2004 substitute—
"(4)The law enforcement officer appointed as supervisor must be—
(a)of or above the rank of sergeant, in the case of Victoria Police;
(b)of or above the rank of senior investigator, in the case of the Australian Crime Commission;
(c)a person who holds a position, or is a member of a class, that is prescribed by the regulations, in the case of the Office of Police Integrity.".
19.Delegation
In section 34 of the Crimes (Assumed Identities) Act 2004—
(a)in sub-section (4), after "section 6A" insert "or 102F";
(b)in sub-section (5), in the definition of "senior officer", in paragraph (b)(iv), for "definition." substitute "definition;";
(c)in sub-section (5), in the definition of "senior officer", after paragraph (b) insert—
"(c)in relation to the Office of Police Integrity—a prescribed member of staff of the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition.".
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Part 8Crimes (Controlled Operations) Act 2004—
20.Definitions
In section 3 of the Crimes (Controlled Operations) Act 2004—
(a)insert the following definitions—
' "Director" means the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958;
"Office of Police Integrity" means the Office of Police Integrity established by section 102A(1) of the Police Regulation Act 1958;
"prescribed member of staff of the Office of Police Integrity" means—
(a)the Director; or
(b)an employee in the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition; or
(c)a member of Victoria Police, member of staff of the Australian Crime Commission or member of the police force or police service (however described) of another jurisdiction, who is seconded to the Office of Police Integrity;
"Special Investigations Monitor" means the Special Investigations Monitor appointed under the Major Crime (Special Investigations Monitor) Act 2004;';
(b)in the definition of "chief officer", after paragraph (b) insert—
"(c)in relation to the Office of Police Integrity—the Director;";
(c)in the definition of "law enforcement agency", after paragraph (b) insert—
"(c)the Office of Police Integrity;";
(d)for the definition of "law enforcement officer" substitute—
' "law enforcement officer" means—
(a)in relation to Victoria Police—
(i)a member of Victoria Police; or
(ii)a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(b)in relation to the Australian Crime Commission—
(i)a member of staff of the Australian Crime Commission; or
(ii)a person who is seconded to the Australian Crime Commission, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(c)in relation to the Office of Police Integrity—a prescribed member of staff of the Office of Police Integrity;';
(e)after the definition of "principal law enforcement officer" insert—
' "relevant monitor" means—
(a)the Victorian Ombudsman in relation to Victoria Police;
(b)the Commonwealth Ombudsman in relation to the Australian Crime Commission;
(c)the Special Investigations Monitor in relation to the Office of Police Integrity;';
(f)the definition of "relevant Ombudsman" is repealed.
21.Amendment of notes about delegations
In the note at the foot of each of sections 12, 13, 18, 21, 23 and 25 of the Crimes (Controlled Operations) Act 2004, for "The chief officer" substitute "In some circumstances, the chief officer".
22.Amendments regarding relevant monitors
In sections 38, 39 (including the heading to section 39) and 42 (including the heading to section 42) of the Crimes (Controlled Operations) Act 2004, for "relevant Ombudsman" (wherever occurring) substitute "relevant monitor".
23.Delegation
In section 43(2) of the Crimes (Controlled Operations) Act 2004, after "section 6A" insert "or 102F".
24.New section 45A inserted
After section 45 of the Crimes (Controlled Operations) Act 2004 insert—
'45A.Delegations within the Office of Police Integrity
(1)The chief officer of the Office of Police Integrity may delegate to a senior officer of the Office of Police Integrity the chief officer's function of making notifications under section 34(2).
(2)In this section—
"senior officer" of the Office of Police Integrity means a prescribed member of staff of the Office of Police Integrity who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition.'.
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Part 9Telecommunications (Interception) (State Provisions) Act 1988—
25.Purpose
In section 1 of the Telecommunications (Interception) (State Provisions) Act 1988, after "Victoria" insert "and the Office of Police Integrity".
26.Definitions
In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988—
(a)insert the following definitions—
' "Director" means the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958;
"member of staff of the Office of Police Integrity" means—
(a)the Director; or
(b)an employee in the Office of Police Integrity; or
(c)a person who is seconded to the Office of Police Integrity;
"Office of Police Integrity" means the Office of Police Integrity established by section 102A(1) of the Police Regulation Act 1958;
"Special Investigations Monitor" means the Special Investigations Monitor appointed under the Major Crime (Special Investigations Monitor) Act 2004;';
(b)in the definition of "agency", after paragraph (d) insert—
"(e)the Office of Police Integrity;";
(c)the definition of "certifying officer" is repealed;
(d)for the definition of "inspecting officer" substitute—
' "inspecting officer" means—
(a)in relation to the Police Force—the Ombudsman or an officer of the Ombudsman;
(b)in relation to the Office of Police Integrity—the Special Investigations Monitor or an employee in the office of the Special Investigations Monitor;';
(e)for the definition of "permitted purpose" substitute—
' "permitted purpose" means—
(a)in relation to the Police Force—
(i)an investigation by the Police Force of a prescribed offence within the meaning of the Commonwealth Act; or
(ii)the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Police Force; or
(iii)a relevant proceeding in relation to the Police Force; or
(iv)the exercise by the Chief Commissioner of Police of the powers conferred by section 68 of the Commonwealth Act; or
(v)the keeping of records by
the Police Force under sections 5, 6 and 9; or
(vi)an inspection of the records of the Police Force made under section 11; or
(vii)a report on such an inspection; or
(viii)an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of Victoria, being an investigation or inquiry under a law of this State or by a person in the person's capacity as an officer of this State; or
(ix)a report on such an investigation or inquiry; or
(x)the making by a person of a decision in relation to the appointment, re-appointment, term of appointment or retirement of an officer or member of staff of the Police Force; or
(xi)a review (whether by way of appeal or otherwise) of a decision referred to in sub-paragraph (x); or
(xii)the tendering to the Governor in Council of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State; or
(xiii)deliberations of the Governor in Council in connection with advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State;
(b)in relation to the Office of Police Integrity—
(i)an investigation by the Director under Part IVA of the Police Regulation Act 1958 or Part 5 of the Whistleblowers Protection Act 2001; or
(ii)a report on such an investigation; or
(iii)an investigation by the Office of Police Integrity of a prescribed offence within the meaning of the Commonwealth Act; or
(iv)the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Office of Police Integrity; or
(v)a relevant proceeding in relation to the Office of Police Integrity; or
(vi)the exercise by the Director of the powers conferred by section 68 of the Commonwealth Act; or
(vii)the keeping of records by the Office of Police Integrity under sections 20A, 20B and 20E; or
(viii)an inspection of the records of the Office of Police Integrity made under section 20G; or
(ix)a report on such an inspection;'.
27.New Parts 3A and 3B inserted
After Part 3 of the Telecommunications (Interception) (State Provisions) Act 1988 insert—
'Part 3A—Functions of the Office of Police Integrity
20A.Documents connected with issue of warrants to be kept
The Director must cause to be kept in the records of the Office of Police Integrity—
(a)a copy of each warrant issued to the Office of Police Integrity, certified in writing by a certifying officer to be a true copy of the warrant; and
(b)a copy of each notification under section 53(1)(b) of the Commonwealth Act of the issue of such a warrant; and
(c)a copy of each instrument revoking such a warrant, certified in writing by a certifying officer to be a true copy of the instrument; and
(d)a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and
(e)a copy of each authorisation by the Director under section 66(2) of the Commonwealth Act; and
(f)particulars of any telephone application for a Part VI warrant made by the Office of Police Integrity.
20B.Other records to be kept in connection with interceptions
(1)The Director must cause—
(a)in relation to each application by the Office of Police Integrity for a Part VI warrant, a statement as to whether—
(i)the application was withdrawn or refused; or
(ii)a warrant was issued on the application; and
(b)in relation to each restricted record that has at any time been in the possession of the Office of Police Integrity, particulars of—
(i)if the restricted record is a record obtained by an interception under a warrant issued to the Office of Police Integrity—that warrant; and
(ii)each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the Office of Police Integrity; and
(iii)each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the Office of Police Integrity; and
(iv)each agency or other body (if any) from or to which, or other person (if any) from or to whom, the Office of Police Integrity received or supplied the restricted record; and
(c)particulars of each use made by the Office of Police Integrity of lawfully obtained information; and
(d)particulars of each communication of lawfully obtained information by a member of staff of the Office of Police Integrity to a person or body other than such a member of staff; and
(e)particulars of each occasion when, to the knowledge of a member of staff of the Office of Police Integrity, lawfully obtained information was given in evidence in a relevant proceeding in relation to the Office of Police Integrity—
to be recorded in writing as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.
(2)The Director must cause to be kept in the records of the Office of Police Integrity each record that the Director has caused to be made under this section.
20C.Documents to be given to the Minister
(1)The Director must give to the Minister—
(a)a copy of each warrant issued to the Office of Police Integrity, and of each instrument under section 52 or 57 of the Commonwealth Act revoking such a warrant, as soon as practicable after the issue or revocation of the warrant; and
(b)within 3 months after a warrant issued to the Office of Police Integrity ceases to be in force, a written report about—
(i)the use made by the Office of Police Integrity of information obtained by interceptions under the warrant; and
(ii)the communication of that information to persons other than officers of the Office of Police Integrity; and
(c)as soon as practicable, and in any event within 2 months, after each 30 June, a written report that sets out such information as—
(i)Division 2 of Part IX of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and
(ii)can be derived from the records of the Office of Police Integrity.
(2)The Director must give to the Attorney-General—
(a)a copy of each warrant, and of each instrument, referred to in sub-section (1)(a), within 28 days after the warrant ceases to be in force; and
(b)a copy of each report referred to in sub-section (1)(c).
20D.Documents to be given by State Minister to Commonwealth Minister
The Minister must give to the Minister administering the Commonwealth Act, as soon as practicable after—
(a)a copy of a warrant issued to the Office of Police Integrity; or
(b)a copy of an instrument revoking such a warrant; or
(c)a report of a kind referred to in section 20C(1)(b) or (c)—
is given to the Minister, a copy of the warrant, instrument or report, as the case may be.
20E.Keeping and destruction of restricted records
(1)The Director must cause a restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the Office of Police Integrity to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.
(2)The Director must cause a restricted record of a kind referred to in sub-section (1) to be destroyed forthwith if he or she is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the Office of Police Integrity, other than a purpose connected with an inspection of the kind referred to in section 20G or with a report on such an inspection.
Part 3B—Functions of the Special Investigations Monitor
20F.Functions—generally
The Special Investigations Monitor may—
(a)inspect records of the Office of Police Integrity in order to ascertain the extent of compliance by members of staff of the Office of Police Integrity with Part 3A; and
(b)report to the Minister about the results of those inspections; and
(c)do anything incidental or conducive to the performance of any of the preceding functions.
20G.Regular inspections of records of Office of Police Integrity
(1)The Special Investigations Monitor must inspect the records of the Office of Police Integrity—
(a)at least once during the period beginning on the commencement day and ending on the following 30 June; and
(b)at least twice during each financial year beginning after the 30 June referred to in paragraph (a)—
in order to ascertain the extent to which the members of staff of the Office of Police Integrity have complied with Part 3A since the commencement day, or since the last inspection under this Part of the records of the Office of Police Integrity, as the case requires.
(2)The Special Investigations Monitor may at any time inspect records of the Office of Police Integrity in order to ascertain the extent to which members of staff of the Office of Police Integrity have complied during any period with Part 3A.
(3)In this section—
"commencement day" means the day on which section 27 of the Major Crime Legislation (Office of Police Integrity) Act 2004 comes into operation.
20H.Reports
(1)The Special Investigations Monitor must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing, about the results of the inspections under section 20G(1), during that financial year, of records of the Office of Police Integrity.
(2)The Special Investigations Monitor may report to the Minister in writing at any time about the results of an inspection under this Part and must do so if so requested by the Minister or the Attorney-General.
(3)The Special Investigations Monitor must give a copy of a report under sub-section (1) or (2) to the Director and to the Attorney-General.
20I.Special Investigations Monitor may report on breaches
If, as a result of an inspection under this Part of the records of the Office of Police Integrity, the Special Investigations Monitor is of the opinion that a member of staff of the Office of Police Integrity has contravened—
(a)a provision of the Commonwealth Act; or
(b)a requirement referred to in section 20C(1)(a) or (b)—
the Special Investigations Monitor may include in his or her report on the inspection a report on the contravention.
20J.Special Investigations Monitor's general powers
(1)For the purposes of an inspection under this Part of records of the Office of Police Integrity, the Special Investigations Monitor—
(a)may, after notifying the Director, enter at any reasonable time premises occupied by the Office of Police Integrity; and
(b)is entitled to have full and free access at all reasonable times to all records of the Office of Police Integrity; and
(c)despite any other law, is entitled to make copies of, and to take extracts from, records of the Office of Police Integrity; and
(d)may require a member of staff of the Office of Police Integrity to give the Special Investigations Monitor such information as the Special Investigations Monitor considers necessary, being information that is in the member of staff's possession, or to which the member of staff has access, and that is relevant to the inspection.
(2)The Director must ensure that members of staff of the Office of Police Integrity provide to the Special Investigations Monitor such assistance in connection with the exercise of the Special Investigations Monitor's functions under this Part as the Special Investigations Monitor reasonably requires.
20K.Power to obtain relevant information
(1)If the Special Investigations Monitor has reason to believe that a member of staff of the Office of Police Integrity is able to give information relevant to an inspection under this Part of records of the Office of Police Integrity, sub-sections (2) and (3) have effect.
(2)The Special Investigations Monitor may, by writing given to the member of staff, require the member of staff to give the information to the Special Investigations Monitor—
(a)by writing signed by the member of staff; and
(b)at a specified place and within a specified period.
(3)The Special Investigations Monitor may, by writing given to the member of staff, require him or her to attend—
(a)before a specified inspecting officer; and
(b)at a specified place; and
(c)within a specified period or at a specified time on a specified day—
in order to answer questions relevant to the inspection.
(4)If the Special Investigations Monitor—
(a)has reason to believe that a member of staff of the Office of Police Integrity is able to give information relevant to an inspection under this Part of records of the Office of Police Integrity; and
(b)does not know the member of staff's identity—
the Special Investigations Monitor may, by writing given to the Director, require the Director, or a person nominated by the Director, to attend—
(c)before a specified inspecting officer; and
(d)at a specified place; and
(e)within a specified period or at a specified time on a specified day—
in order to answer questions relevant to the inspection.
(5)The place, and the period or the time and day, specified in a requirement under this section must be reasonable having regard to the circumstances in which the requirement is made.
20L.Special Investigations Monitor to be given information and access notwithstanding other laws
(1)Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—
(a)the information, the answer, or the fact that the person has so given access to the document, as the case may be; and
(b)any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—
is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 23.
(2)Nothing in any other law prevents a member of staff of the Office of Police Integrity from—
(a)giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
(b)giving to an inspecting officer access to a record of the Office of Police Integrity—
for the purposes of an inspection under this Part of records of the Office of Police Integrity.
(3)Nothing in any other law prevents a member of staff of the Office of Police Integrity from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by sub-section (2).
20M.Dealing with information for the purposes of inspection and report
If—
(a)information is given or communicated to an inspecting officer, as permitted by section 20L(2) or this section, for the purposes of an inspection, or of a report on an inspection, under this Part of the Office of Police Integrity records; or
(b)an inspecting officer obtains information as a result of being given access to records of the Office of Police Integrity, as permitted by section 20L(2), for the purposes of an inspection under this Part of the Office of Police Integrity—
the inspecting officer may, despite any other law, communicate to another inspecting officer, make use of, or make a record of, the information for the purposes of an inspection, or of a report on an inspection, under this Part of records of the Office of Police Integrity.
20N.Special Investigations Monitor not to be sued
An inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the exercise, or the purported exercise, of a function conferred by this Part.
20O.Delegation by Special Investigations Monitor
The Special Investigations Monitor may delegate to another inspecting officer any of the Special Investigations Monitor's functions under this Act, other than—
(a)this power of delegation; and
(b)a power to report to the Minister.'.
28.Further amendments
In the Telecommunications (Interception) (State Provisions) Act 1988—
(a)in section 21, after "section 11" insert
"or 20G";
(b)in section 23—
(i)in sub-section (1), after "section 15" insert "or 20K";
(ii)in sub-section (2)(a), after "Part 3" insert "or the Special Investigations Monitor's functions under Part 3B";
(iii)in sub-section (2)(b), after "Part 3" insert "or 3B".
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Part 10Amendment of Other Acts—
29.Juries Act 2000
In clause 1 of Schedule 2 to the Juries Act 2000—
(a)for paragraph (k) substitute—
"(k)the Ombudsman or the Acting Ombudsman;";
(b)after paragraph (l) insert—
"(la)the Director, Police Integrity or Acting Director, Police Integrity;
(lb)an employee in the Office of Police Integrity;".
30.Whistleblowers Protection Act 2001
(1)In the Whistleblowers Protection Act 2001—
(a)in section 3(1)—
(i)insert the following definitions—
' "Director" means the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958;
"member of staff of the Office of Police Integrity" means—
(a)an employee in the Office of Police Integrity; or
(b)a person who is seconded to the Office of Police Integrity;';
(ii)the definition of "Police Ombudsman" is repealed;
(b)for section 4(2)(ia) substitute—
"(ia)the Director;";
(c)in sections 6, 13(2)(d), 22(1)(a), 23(2), 27(5), 33, 34, 35(1), 36, 37(2) and 43 (including in the heading to section 43) for "Police Ombudsman" (wherever occurring) substitute "Director";
(d)in the heading to Division 3A of Part 5, for "Police Ombudsman" substitute "Director";
(e)in sections 61A, 61B (including in the heading to section 61B), 61C, 61F, 62 (including in the heading to section 62), 63(4), 102(e)(iii) and 106(d), for "Police Ombudsman" (wherever occurring) substitute "Director";
(f)in the heading to section 107, for "officers of Ombudsman" substitute "others".
(2)For section 107(1) of the Whistleblowers Protection Act 2001 substitute—
"(1)None of the following is liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which they would have been liable apart from this section in respect of any act done or purporting to be done under this Act, unless the act was done in bad faith—
(a)the Ombudsman;
(b)an officer of the Ombudsman;
(c)the Director;
(d)a member of staff of the Office of Police Integrity;
(e)a person who has taken an oath or made an affirmation under section 102D(3) of the Police Regulation Act 1958;
(f)a person (other than a natural person) engaged under section 102E(1)(b) of the Police Regulation Act 1958, if any officer or employee of the person has taken an oath or made an affirmation under section 102D(3) of that Act;
(g)the members of a body engaged under section 102E(1)(b) of the Police Regulation Act 1958, if any member, officer or employee of the body has taken an oath or made an affirmation under section 102D(3) of that Act.".
(3)In section 107 of the Whistleblowers Protection Act 2001—
(a)in sub-section (2), for "the Ombudsman, the Police Ombudsman or any officer of the Ombudsman" substitute "a person referred to in sub-section (1)";
(b)in sub-section (4), for "Police Ombudsman" (wherever occurring) substitute "Director".
(4)For section 107(5) of the Whistleblowers Protection Act 2001 substitute—
"(5)A person referred to in sub-section (1) may not be called to give evidence in any court or in any legal proceedings or before the Police Appeals Board in respect of any matter coming to his or her knowledge in the exercise of functions under this Act.".
(5)In section 108(1)(a) of the Whistleblowers Protection Act 2001, for "Police Ombudsman" substitute "Director".
(6)In section 109 of the Whistleblowers Protection Act 2001—
(a)in sub-section (1), for "the Ombudsman, the Police Ombudsman, any officer of the Ombudsman or the Chief Commissioner of Police" substitute "a relevant person or body";
(b)in sub-section (2), in the definition of "document", for "1982." substitute "1982;";
(c)in sub-section (2), after the definition of "document" insert—
' "relevant person or body" means—
(a)the Ombudsman;
(b)an officer of the Ombudsman;
(c)the Director;
(d)a member of staff of the Office of Police Integrity;
(e)a person engaged under section 102E(1)(b) of the Police Regulation Act 1958, or an officer or employee of such a person;
(f)a body engaged under section 102E(1)(b) of the Police Regulation Act 1958, or a member, officer or employee of such a body;
(g)the Chief Commissioner of Police.'.
31.Supreme Courtlimitation of jurisdiction—
After section 110(2) of the Whistleblowers Protection Act 2001 insert—
"(3)It is the intention of section 107, as amended by section 30 of the Major Crime Legislation (Office of Police Integrity) Act 2004, to alter or vary section 85 of the Constitution Act 1975.".
32.New section 111B inserted in Whistleblowers Protection Act 2001
After section 111A of the Whistleblowers Protection Act 2001 insert—
'111B.Transitional provision on creation of Office of Police Integrity
(1)This Act, as amended by the amending Act, applies on and after the commencement day to a disclosure under this Act, whether the disclosure was made before, on or after the commencement day.
(2)In this section—
"amending Act" means the Major Crime Legislation (Office of Police Integrity) Act 2004;
"commencement day" means the day on which section 32 of the amending Act comes into operation.'.
33.Witness Protection Act 1991
In the Witness Protection Act 1991—
(a)in section 3(1), for the definition of "Deputy Ombudsman" substitute—
' "Director" means the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958;';
(b)in sections 5(3), 10, 12, 17, 18, 19 and 20, for "Deputy Ombudsman" (wherever occurring) substitute "Director".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 25 August 2004
Legislative Council: 16 September 2004
The long title for the Bill for this Act was "to amend the Police Regulation Act 1958, the Ombudsman Act 1973, the Public Sector Management and Employment Act 1998, the Surveillance Devices Act 1999, the Surveillance Devices (Amendment) Act 2004, the Crimes (Assumed Identities) Act 2004, the Crimes (Controlled Operations) Act 2004, the Telecommunications (Interception) (State Provisions) Act 1988 and other Acts to establish an Office of Police Integrity and a Director, Police Integrity to replace the Police Ombudsman, allow the Office and Director to exercise investigative powers and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 25 August 2004
Legislative Council: 16 September 2004
Absolute majorities:
Legislative Assembly: 15 September 2004
Legislative Council: 5 October 2004
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