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The main purpose of this Act is to provide for the publication of crime and criminal justice statistics and the employment of a Chief Statistician for that purpose.
Subject to subsection (3), this Act, other than Division 3 of Part 4, comes into operation on a day or days to be proclaimed.
Division 3 of Part 4 comes into operation on the later of—
the day on which section 7(4) comes into operation; and
the day on which section 278 of the Victoria Police Act 2013 comes into operation.
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.
In this Act—
S. 3 def. of applicable court inserted by No. 31/2024 s. 4(2).
applicable court means—
the Supreme Court; or
the County Court; or
the Magistrates' Court; or
the Children's Court;
S. 3 def. of applicable court data inserted by No. 31/2024 s. 4(2).
applicable court data has the meaning given by section 3A;
Chief Statistician means the person employed as Chief Statistician for the purposes of this Act;
S. 3 def. of Court Chief Executive Officer inserted by No. 31/2024 s. 4(2).
Court Chief Executive Officer has the same meaning as in the Court Services Victoria Act 2014;
S. 3 def. of health information inserted by No. 31/2024 s. 4(2).
health information has the same meaning as in the Health Records Act 2001;
S. 3 def. of law enforcement data amended by No. 21/2015 s. 3(Sch. 1 item 15).
law enforcement data has the same meaning as in the Privacy and Data Protection Act 2014;
S. 3 def. of personal information inserted by No. 31/2024 s. 4(2).
personal information has the same meaning as in the Privacy and Data Protection Act 2014;
S. 3 def. of Secretary amended by No. 31/2024 s. 4(1).
Secretary means the Secretary to the Department of Justice and Community Safety.
S. 3A inserted by No. 31/2024 s. 5.
For the purposes of this Act, applicable court data means any information that—
is held by an applicable court (including by a registry or other office of that court) in an electronic form; and
relates to applicable proceedings.
The applicable proceedings are proceedings in an applicable court that are—
criminal proceedings; or
proceedings with respect to bail; or
proceedings under—
the Family Violence Protection Act 2008; or
the Personal Safety Intervention Orders Act 2010; or
Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (including investigations under Division 2 of that Part); or
Part 4A of the Sex Offenders Registration Act 2004.
Without limiting subsection (1)(b), information that relates to applicable proceedings includes—
information about (including the details of)—
an order made (including a sentence imposed); or
a judgment, direction or ruling given; or
reasons given; or
an undertaking given; or
an application made; or
a warrant or other process issued—
in or in relation to an applicable proceeding; and
information about a person who is a party to an applicable proceeding (whether or not the information is personal information or health information); and
Example
Information about the psychological health of an accused.
information about a person who is otherwise involved in an applicable proceeding (whether or not the information is personal information); and
Example
Information about a person who acts as an interpreter at an applicable proceeding.
statistical or aggregated information in relation to applicable proceedings.
However, applicable court data does not include—
a transcript or recording of a hearing in or in relation to an applicable proceeding; or
exhibits, evidence and submissions in an applicable proceeding; or
any other documents filed in an applicable proceeding (other than an application filed in the proceeding); or
information that discloses the deliberations of an applicable court or is otherwise subject to judicial privilege; or
health information about a person referred to in subsection (3)(c); or
information that relates to an applicable court more generally (rather than to applicable proceedings), including financial information about the administration of the court.
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.
The Chief Statistician has the following functions—
S. 5(1)(a) amended by No. 31/2024 s. 6.
to publish and release statistical information relating to crime and criminal justice issues and trends in Victoria;
to undertake research into and analysis of crime and criminal justice issues and trends in Victoria;
any other functions conferred on the Chief Statistician under this or any other Act.
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.
Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.
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.
An engagement under this section may be on any terms and conditions the Secretary considers appropriate.
The Chief Statistician—
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
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).
Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Chief Statistician under subsection (1)(a).
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—
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
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
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
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.
S. 7(4) amended by No. 54/2014 s. 17.
Despite anything to the contrary in section 19 of the Victoria Police Act 2013, 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.
S. 7A inserted by No. 31/2024 s. 7.
The Chief Statistician may require the Court Chief Executive Officer of an applicable court to give the Chief Statistician a copy of applicable court data—
that is either—
specified by the Chief Statistician; or
of a class specified by the Chief Statistician; and
that is held by that court (including by a registry or other office of that court) in an electronic form; and
that the Chief Statistician considers will assist in the performance of the Chief Statistician's functions.
Subject to subsection (5), a Court Chief Executive Officer must comply with a requirement of the Chief Statistician under subsection (1).
Subsections (1) and (2) apply despite any provision of an enactment, or any rule of law, that—
prohibits the Chief Statistician from requiring a Court Chief Executive Officer to give a copy of applicable court data; or
prohibits a Court Chief Executive Officer from giving a copy of applicable court data; or
imposes a duty of confidentiality in relation to the applicable court data.
Despite anything to the contrary in any enactment (other than the Charter of Human Rights and Responsibilities) or any other law—
the Chief Statistician does not commit an offence or otherwise contravene an enactment or other law by requiring, under subsection (1), a Court Chief Executive Officer to give a copy of applicable court data; and
a Court Chief Executive Officer does not commit an offence or otherwise contravene an enactment or other law by giving a copy of that data under subsection (2).
A Court Chief Executive Officer may refuse to give the Chief Statistician a copy of applicable court data required by the Chief Statistician if the Court Chief Executive Officer considers that giving a copy of that data would, or would reasonably be likely to, prejudice the fair trial of a person or the impartial adjudication of a particular case.
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.
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.
In this section—
regulated person means a person who is or was—
the Chief Statistician; or
an employee or consultant referred to in section 6.
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—
endanger the life or physical safety of any person; or
commit, or assist in the commission of, an indictable offence; or
impede or interfere with the administration of justice.
Penalty: 600 penalty units or imprisonment for 5 years or both.
An offence against subsection (1) is an indictable offence.
In this section—
regulated person has the same meaning as in section 8.
The Governor in Council may make regulations—
prescribing fees or charges that may be imposed for the provision of services by the Chief Statistician; and
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.
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—
specific fees;
maximum fees;
minimum fees;
fees that vary according to value and time;
the waiver or reduction of fees.
Pt 4 (Heading and ss 11–18) repealed by No. 54/2014 s. 18.
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