Criminal Organisations Control Act 2012

As soon as possible after the end of each quarter of each year, the Chief Commissioner must give the IBAC a written report in respect of that quarter in accordance with this section.

For the purposes of subsection (1), the quarters of a year are—

the period of 3 months beginning on 1 January; and

each subsequent period of 3 months.

A report in respect of a particular quarter must set out the following information—

the number of unlawful association notices issued under section 124D(1) during that quarter;

the number of unlawful association notices issued under section 124E(2) during that quarter;

in relation to each unlawful association notice issued during that quarter—

whether it was issued under section 124D(1) or 124E(2); and

the day on which the notice came into effect; and

the name, age, gender and ethnicity of the individual in respect of whom the notice was issued; and

whether the individual in respect of whom the notice was issued—

is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or

was a homeless person (within the meaning of the Magistrates' Court Act 1989) at the time the notice was served; or

is a victim of family violence within the meaning of the Family Violence Protection Act 2008; or

has a cognitive, mental or physical impairment; and

whether an application has been made under section 124M for internal review in respect of the notice (and if so, the outcome of each application); and

whether an application has been made under section 124MA for an extension of time within which an application for internal review may be made (and if so, the outcome of each application);

the number of unlawful association notices that were amended under each of the following provisions during that quarter—

section 124J;

section 124KA(1)(b)(i);

section 124O(2);

section 124O(2A)(b)(i);

the number of unlawful association notices that were revoked under each of the following provisions during that quarter—

section 124K(1);

section 124K(2);

section 124KA(1)(c);

section 124P(2);

section 124P(3);

the number of applications made during that quarter under section 124M for an internal review;

the number of applications made during that quarter under section 124MA for an extension of time within which an application for internal review may be made;

the number of unlawful association notices that, during that quarter—

were held to be invalid by a court; or

were otherwise rendered unenforceable by a decision of a court;

the number of unlawful association notices that are currently the subject of applications for judicial review that have not yet been determined;

the number of decisions under section 124E(3) during that quarter, including a record of the exceptional circumstances on which each decision was based;

the number of persons charged with an offence against section 124A(1) during that quarter;

in relation to each charge referred to in paragraph (i)—

the name, age, gender and ethnicity of the accused; and

whether the accused—

is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or

was a homeless person within the meaning of the Magistrates' Court Act 1989 when charged; or

is a victim of family violence within the meaning of the Family Violence Protection Act 2008; or

had a cognitive, mental or physical impairment when charged; and

if there has been an outcome in respect of the charge (including because it has been withdrawn or the prosecution for the charge has been discontinued), details of that outcome; and

if the charge was withdrawn or discontinued—

the reason for the withdrawal or discontinuance; and

the amount of time between the offence being charged and the charge being withdrawn or discontinued; and

if there has not yet been an outcome in respect of the charge, details of the stage that the proceeding in respect of the charge has reached;

if the IBAC has notified the Chief Commissioner under subsection (4) that additional information is required, that information;

the prescribed information (if any).

If the IBAC considers that it would be assisted in the performance of its functions under this Division if additional information were included in a report under subsection (1), the IBAC may give the Chief Commissioner a written notice identifying that information.

A written notice under subsection (4)—

may identify the additional information either by specifying the information itself or a class of information; and

may specify that it applies only in relation to the report in respect of a particular period.