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Crime Statistics Act 2014 No. 54 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Main purpose 12 Commencement 13 Definitions 2

PART 2—CHIEF STATISTICIAN 3

4 Chief Statistician 35 Functions and powers of Chief Statistician 36 Staff and consultants 37 Access to law enforcement data 48 Unauthorised access to, use of or disclosure of information—

summary offence 59 Unauthorised access to, use of or disclosure of information—

indictable offence 6

PART 3—GENERAL 7

10 Regulations 7

PART 4—CONSEQUENTIAL AND RELATED AMENDMENTS 8

Division 1—Commissioner for Law Enforcement Data Security Act 2005 8

11 Purpose 812 Definitions 813 Functions 914 Powers 1015 Chief Commissioner of Police may provide assistance 11

Division 2—Criminal Procedure Act 2009 12

16 New item 3B inserted in Schedule 2 123B Crime Statistics Act 2014 12

Division 3—Amendment consequential on Victoria Police Act 2013 12

17 Access to law enforcement data 12

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Division 4—Repeal of Part 12

18 Repeal of Part 12═══════════════

ENDNOTES 13

Crime Statistics Act 2014†

No. 54 of 2014

[Assented to 26 August 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Main purpose

The main purpose of this Act is to provide for the publication of crime statistics and the employment of a Chief Statistician for that purpose.

2 Commencement

(1) Subject to subsection (3), this Act, other than Division 3 of Part 4, comes into operation on a day or days to be proclaimed.

Victoria

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(2) Division 3 of Part 4 comes into operation on the later of—

(a) the day on which section 7(4) comes into operation; and

(b) the day on which section 278 of the Victoria Police Act 2013 comes into operation.

(3) If a provision of this Act, other than Division 3 of Part 4, does not come into operation before 1 June 2015, it comes into operation on that day.

3 Definitions

In this Act—

Chief Statistician means the person employed as Chief Statistician for the purposes of this Act;

law enforcement data has the same meaning as in the Commissioner for Law Enforcement Data Security Act 2005;

Secretary means the Secretary to the Department of Justice.

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Section Page

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s. 3

PART 2—CHIEF STATISTICIAN

4 Chief Statistician

The Secretary may employ a person under Part 3 of the Public Administration Act 2004 to be the Chief Statistician for the purposes of this Act.

5 Functions and powers of Chief Statistician

(1) The Chief Statistician has the following functions—

(a) to publish and release statistical information relating to crime in Victoria;

(b) to undertake research into and analysis of crime and criminal justice issues and trends in Victoria;

(c) any other functions conferred on the Chief Statistician under this or any other Act.

(2) The Chief Statistician has all the powers necessary to perform his or her functions, including the powers conferred on him or her under this or any other Act.

6 Staff and consultants

(1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

(2) The Secretary may engage persons with suitable qualifications and experience as consultants to assist the Chief Statistician in the performance of the Chief Statistician's functions.

(3) An engagement under this section may be on any terms and conditions the Secretary considers appropriate.

s. 4Part 4—Consequential and Related Amendments

Crime Statistics Act 2014No. 54 of 2014

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7 Access to law enforcement data

(1) The Chief Statistician—

(a) may require the Chief Commissioner of Police to give the Chief Statistician free and full access at all reasonable times to any law enforcement data (including any document on which law enforcement data is recorded) as is necessary to enable the Chief Statistician to perform his or her functions; and

(b) despite anything to the contrary in any other Act or law, may make copies of or take extracts from any data or document accessed under paragraph (a).

(2) Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Chief Statistician under subsection (1)(a).

(3) The Chief Commissioner of Police may refuse to comply with a requirement of the Chief Statistician under subsection (1)(a) if the Chief Commissioner considers that giving access to the data would, or would be reasonably likely to—

(a) prejudice the investigation of a breach or possible breach of the law or prejudice the enforcement or proper administration of the law in a particular instance; or

(b) prejudice the fair trial of a person or the impartial adjudication of a particular case or disclose data that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or



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(c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

(d) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.

(4) Despite anything to the contrary in section 6A of the Police Regulation Act 1958, a duty, function or power of the Chief Commissioner of Police under this section cannot be delegated under that section to any person other than a Deputy Commissioner.

8 Unauthorised access to, use of or disclosure of information—summary offence

(1) A regulated person must not, without reasonable excuse, access, use or disclose any information obtained by the regulated person in the performance of functions under this Act except for the purposes of this Act or otherwise in connection with the performance of functions under this Act.

Penalty: 240 penalty units or imprisonment for 2 years or both.

(2) Without limiting what may be a reasonable excuse, it is a reasonable excuse if the regulated person took reasonable steps not to access, use or disclose the information.Note

See also section 72 of the Criminal Procedure Act 2009, which deals with the evidential burden of proof.



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(3) In this section—

regulated person means a person who is or was—

(a) the Chief Statistician; or

(b) an employee or consultant referred to in section 6.

9 Unauthorised access to, use of or disclosure of information—indictable offence

(1) A regulated person must not access, use or disclose any information obtained by the regulated person in the performance of functions under this Act if the regulated person knows or is reckless as to whether the information may be used (whether by the regulated person or any other person) to—

(a) endanger the life or physical safety of any person; or

(b) commit, or assist in the commission of, an indictable offence; or

(c) impede or interfere with the administration of justice.

Penalty: 600 penalty units or imprisonment for 5 years or both.

(2) An offence against subsection (1) is an indictable offence.

(3) In this section—

regulated person has the same meaning as in section 8.

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PART 3—GENERAL

10 Regulations

(1) The Governor in Council may make regulations—

(a) prescribing fees or charges that may be imposed for the provision of services by the Chief Statistician; and

(b) prescribing any other matter or thing that is required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

(2) A power conferred by this Act to make regulations for the imposition of fees may be exercised by providing for all or any of the following matters—

(a) specific fees;

(b) maximum fees;

(c) minimum fees;

(d) fees that vary according to value and time;

(e) the waiver or reduction of fees.

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PART 4—CONSEQUENTIAL AND RELATED AMENDMENTS

Division 1—Commissioner for Law Enforcement Data Security Act 2005

11 PurposeSee:Act No.84/2005.Reprint No. 1as at6 May 2010and amendingAct No.82/2012.LawToday:www.legislation.vic.gov.aus. 11

At the end of section 1 of the Commissioner for Law Enforcement Data Security Act 2005 insert—

"(2) Another purpose of this Act is to promote the use by the Chief Statistician of appropriate and secure management practices for crime statistics data.".

12 Definitions

Insert the following definitions in section 3 of the Commissioner for Law Enforcement Data Security Act 2005—

"Chief Statistician has the same meaning as in the Crime Statistics Act 2014;

crime statistics data means—

(a) any law enforcement data obtained by the Chief Statistician from the Chief

Part 4—Consequential and Related Amendments


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Commissioner of Police under section 7 of the Crime Statistics Act 2014; or

(b) any information derived from data referred to in paragraph (a) by the Chief Statistician or an employee or consultant referred to in section 6 of the Crime Statistics Act 2014 in the performance of functions under that Act, other than information published by the Chief Statistician under section 5(1)(a) of that Act;

crime statistics data system means a database kept by the Chief Statistician (whether in computerised or other form and however described) containing crime statistics data;".

13 Functions

(1) In section 11(1) of the Commissioner for Law Enforcement Data Security Act 2005—

(a) in paragraph (a), after "systems" insert "and crime statistics data systems";

(b) in paragraph (b), after "data" (where twice occurring) insert "and crime statistics data";

(c) after paragraph (e) insert—

"(ea) to undertake reviews of any matters relating to crime statistics data security requested by the Minister or the Chief Statistician;".

(2) In section 11(2) of the Commissioner for Law Enforcement Data Security Act 2005, after "subsection (1)(a) and (b)" insert "in relation to law enforcement data and law enforcement data systems".

(3) After section 11(2) of the Commissioner for Law Enforcement Data Security Act 2005 insert—



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"(3) The Commissioner for Law Enforcement Data Security must consult with the Chief Statistician when establishing standards and protocols under subsection (1)(a) and (b) in relation to crime statistics data and crime statistics data systems.".

14 Powers

(1) In section 12(1) of the Commissioner for Law Enforcement Data Security Act 2005—

(a) after paragraph (a) insert—

"(ab) to require the Chief Statistician to give the Commissioner free and full access at all reasonable times to any crime statistics data (including any document on which crime statistics data is recorded) or any crime statistics data system as is necessary to enable the Commissioner to perform his or her functions under this Act;";

(b) in paragraph (b), after "paragraph (a)" insert "or (ab)".

(2) After section 12(4) of the Commissioner for Law Enforcement Data Security Act 2005 insert—

"(5) Subject to subsection (6), the Chief Statistician must comply with a requirement of the Commissioner for Law Enforcement Data Security under subsection (1)(ab).

(6) The Chief Statistician may refuse to comply with a requirement of the Commissioner for Law Enforcement Data Security under



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subsection (1)(ab) if the Chief Statistician considers that giving access to that data or system would, or would be reasonably likely to—

(a) prejudice the investigation of a breach or possible breach of the law or prejudice the enforcement or proper administration of the law in a particular instance; or

(b) prejudice the fair trial of a person or the impartial adjudication of a particular case or disclose data that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or

(c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

(d) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.".

15 Chief Commissioner of Police may provide assistance

(1) For the heading to section 14 of the Commissioner for Law Enforcement Data Security Act 2005 substitute—

"Assistance by Chief Commissioner of Police and Chief Statistician".



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(2) In section 14 of the Commissioner for Law Enforcement Data Security Act 2005, after "the Chief Commissioner of Police" insert "or the Chief Statistician, or both,".

Division 2—Criminal Procedure Act 2009

16 New item 3B inserted in Schedule 2See:Act No.7/2009.Reprint No. 3as at1 March 2013and amendingAct Nos 12/2013, 22/2013, 32/2013, 56/2013, 67/2013and 77/2013.LawToday:www.legislation.vic.gov.aus. 16

In Schedule 2 to the Criminal Procedure Act 2009, after item 3A insert—

"3B Crime Statistics Act 2014

Offences under section 9 of the Crime Statistics Act 2014.".



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Division 3—Amendment consequential on Victoria Police Act 2013

17 Access to law enforcement data

In section 7(4) of this Act, for "section 6A of the Police Regulation Act 1958" substitute "section 19 of the Victoria Police Act 2013".

Division 4—Repeal of Part

18 Repeal of Part

This Part is repealed on 1 June 2016.Note

The repeal of this Part 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

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 26 March 2014

Legislative Council: 26 June 2014

The long title for the Bill for this Act was "A Bill for an Act to provide for the publication of crime statistics and the employment of a Chief Statistician for that purpose, to amend the Commissioner for Law Enforcement Data Security Act 2005 and for other purposes."

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