Witness Protection Regulations 2017 (Vic)

Version No. 001

Witness Protection Regulations 2017

S.R. No. 55/2017

Version as at

1 July 2017

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Definitions

Part 2—Notice requirements

5Notification of scheduled decision

6Notification of change in details in respect of a scheduled decision

7Confirmation of notification

Part 3—Documents to be given to the Public Interest Monitor

8Notification of documents

9Disclosure of further documents to the Public Interest Monitor

10Confirmation of receipt of documents

Part 4—Security and record keeping

11Dealing with documents received

12Document register to be kept

13Storage of documents

14Confirmation documents have been returned

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Witness Protection Regulations 2017

S.R. No. 55/2017

Version as at

1 July 2017

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to prescribe—

(a)requirements for the notifications given to the Public Interest Monitor under section 20K of the Witness Protection Act 1991; and

(b)requirements for the transmission, disposal and storage of documents and information that the Public Interest Monitor receives in performing functions under that Act; and

(c)other matters for the purposes of that Act.

2Authorising provision

These Regulations are made under section 25A of the Witness Protection Act 1991.

3Commencement

These Regulations come into operation on

1 July 2017.

4Definitions

In these Regulations—

double-sealed envelope means a process whereby—

(a)documents are enclosed in an envelope (the inner envelope) which is sealed and displays markings indicating the security classification level of the documents; and

(b)the inner envelope is then enclosed in a second envelope which is sealed;

scheduled decision means a decision referred to in section 20I(1) of the Act that is due to be made;

secure delivery means delivery of documents in a double-sealed envelope by a member of Victoria Police personnel;

the Act means the Witness Protection Act 1991;

unique identifying number means a unique number or name that Victoria Police has assigned for reference purposes to a decision referred to in section 20I(1) of the Act;

witness protection data means any information that the Public Interest Monitor receives under the Act to enable the performance of the Public Interest Monitor's functions under the Act;

written receipt means a receipt given by a Public Interest Monitor that specifies—

(a)the unique identifying number for the scheduled decision; and

(b)whether the scheduled decision is of a type listed in section 20I(1)(a), (b) or (c) of the Act; and

(c)a list of any documents received by the Public Interest Monitor.

Part 2—Notice requirements

5Notification of scheduled decision

A notification under section 20K of the Act must—

(a)occur after the Public Interest Monitor has  been contacted by telephone or email to ascertain the Public Interest Monitor's availability to attend the making of a scheduled decision; and

(b)be made by email or hand delivery; and

(c)include all of the following details—

(i)a unique identifying number for the scheduled decision;

(ii)whether the scheduled decision is of a type referred to in section 20I(1)(a), (b) or (c) of the Act;

(iii)the date, time and place of the scheduled decision;

(iv)an estimate of when the Chief Commissioner will give the Public Interest Monitor copies of the documents referred to in section 20K(3) of the Act.

6Notification of change in details in respect of a scheduled decision

The Chief Commissioner must notify the Public Interest Monitor by email or hand delivery of a change to any details included in a notification under regulation 5 as soon as practicable after becoming aware of the change.

7Confirmation of notification

As soon as practicable after being notified under regulation 5 or 6, the Public Interest Monitor must—

(a)give the Chief Commissioner a written receipt; and

(b)if the scheduled decision is of a type referred to in section 20I(1)(c) of the Act—advise the Chief Commissioner by email or hand delivery whether or not the Public Interest Monitor intends to exercise the function of the Public Interest Monitor under section 20J(1)(a) in respect of that decision.

Part 3—Documents to be given to the Public Interest Monitor

8Notification of documents

The Chief Commissioner must give the Public Interest Monitor copies of the documents referred to in section 20K(3) of the Act—

(a)as soon as practicable after those documents have been prepared for the purpose of making a scheduled decision but, in any case, before the scheduled decision is due to be made; and

(b)by secure delivery.

9Disclosure of further documents to the Public Interest Monitor

If the Chief Commissioner or a member of Victoria Police personnel is required to give the Public Interest Monitor any document under section 20L of the Act, that person must do so as soon as practicable and by secure delivery.

10Confirmation of receipt of documents

As soon as practicable after receiving any document under regulation 8 or 9, the Public Interest Monitor must give a written receipt to the Chief Commissioner or relevant member of Victoria Police personnel (as appropriate).

Part 4—Security and record keeping

11Dealing with documents received

(1)The Principal Public Interest Monitor must develop written procedures for dealing with witness protection data, including the creation and maintenance of the following—

(a)an information security policy;

(b)an access control policy;

(c)procedures for monitoring access activities in respect of witness protection data;

(d)procedures for ensuring that all witness protection data is adequately protected;

(e)a risk management policy for identifying, analysing and treating security risks to witness protection data;

(f)reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect witness protection data;

(g)a process for the continual monitoring and improvement of an information security incident.

(2)In this regulation—

information security event means an identified occurrence of an information system, service or network state indicating—

(a)a possible breach of information security policy; or

(b)a failure of safeguards; or

(c)a previously unknown situation that may be security relevant;

information security incident means a single information security event or a series of information security events that is likely to have compromised the security of information.

12Document register to be kept

(1)The Principal Public Interest Monitor must keep a register of all documents that the Public Interest Monitor receives to inform the making of a decision referred to in section 20I of the Act.

(2)The register must include—

(a)the current location of those documents; and

(b)the date those documents are returned to the Chief Commissioner under section 20N of the Act.

13Storage of documents

(1)The Public Interest Monitor must keep all documents containing witness protection data in a secure place when not in use.

(2)The secure place must be accessible only to persons entitled to deal with that information.

14Confirmation documents have been returned

(1)The Chief Commissioner must notify the Public Interest Monitor as soon as practicable after the Chief Commissioner receives a document under section 20N of the Act.

(2)A notification made under subregulation (1) must—

(a)be in writing; and

(b)specify the unique identifying number for the decision in question; and

(c)specify the type of information received; and

(d)specify whether or not the Public Interest Monitor has returned all required documents relating to the decision in question.

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Endnotes

1   General information

The Witness Protection Regulations 2017, S.R. No. 55/2017 were made on 20 June 2017 by the Governor in Council under section 25A of the Witness Protection Act 1991, No. 15/1991 and came into operation on 1 July 2017: regulation 3.

The Witness Protection Regulations 2017 will sunset 10 years after the day of making on 20 June 2018 (see section 5 of the Subordinate Legislation Act 1994).

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

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Witness Protection Regulations 2017 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.