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The objective of these Regulations is to prescribe the following matters for the purposes of the Human Source Management Act 2023—
requirements for the transmission, disposal and storage of documents or information that the Public Interest Monitor, IBAC, the Victorian Inspectorate or a member of Victoria Police personnel receives in performing functions under that Act;
the notifications required to be given to the Public Interest Monitor, IBAC or the Victorian Inspectorate;
the disclosure of information about human sources to a person or body in specified circumstances;
other matters required to be prescribed for the purposes of that Act.
These Regulations are made under section 90 of the Human Source Management Act 2023.
These Regulations come into operation on 30 September 2024.
In these Regulations—
double-sealed envelope means—
an envelope (the inner envelope) with documents enclosed which is sealed and displays markings indicating the security classification level of the documents; and
the inner envelope is enclosed in a second sealed envelope;
secure delivery means the delivery of documents or information—
in a double-sealed envelope by a member of Victoria Police personnel, the Public Interest Monitor, the Victorian Inspectorate or IBAC; or
by secure electronic means; or
by telephone;
the Act means the Human Source Management Act 2023;
unique identifying number means a unique number or name assigned to an application for reference purposes by a member of Victoria Police personnel;
written receipt has the meaning given in regulation 5.
A written receipt means a receipt given by the Public Interest Monitor that specifies—
the unique identifying number of the application to which the notification or documents relate; and
the type of notification or documents that the Public Interest Monitor has received; and
the regulation under which the notification was made or the documents were delivered (as the case may be); and
if the notification included other documents, a list of those documents.
Example
An example of other documents includes a copy of an application or supporting affidavit.
The Public Interest Monitor and IBAC must develop written procedures for dealing with documents and information, including the creation and maintenance of the following—
an information security policy;
an access control policy;
procedures for monitoring access activities;
procedures for ensuring that documents and information are adequately protected;
a risk management policy for identifying, analysing and treating security risks to documents and information;
reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect documents and information;
a process of continual monitoring and improvement to mitigate and avoid information security incidents.
In this regulation—
information security event means an identified occurrence of an information system, service or network state indicating—
a possible breach of an information security policy; or
a failure of safeguards; or
a previously unknown situation that may be relevant to security;
information security incident means a single or a series of information security events that are likely to have compromised the security of information.
The Public Interest Monitor must keep a register of—
all documents that the Public Interest Monitor receives in relation to—
an application to register a reportable human source; and
an emergency registration of a reportable human source; and
the location of the documents specified in paragraph (a); and
the date any hard copy documents are returned to the applicant.
The Public Interest Monitor and IBAC must keep all documents (including all copies of applications and supporting affidavits in the possession of either the Public Interest Monitor or IBAC as the case requires) in a secure place when not in use.
The secure place must be accessible only to persons entitled to access those documents.
For the purposes of section 19 of the Act, the police officer must ensure that if a person does not need to be registered as a human source, all information received by the police officer is retained and stored in a manner that reasonably assists IBAC to perform its functions and exercise its powers under section 65 of the Act.
Information referred to in subregulation (1) must include information that goes to the police officer being reasonably satisfied under section 19 of the Act that a person does not need to be registered as a human source.
For the purposes of section 52(3) of the Act, when the copy of a direction given under section 52(2)(b) of the Act is given to the Victorian Inspectorate, the copy must—
specify the unique identifying number; and
be provided by secure delivery.
Documents and information transmitted for the purposes of the Act between the Public Interest Monitor, the Victorian Inspectorate, IBAC and Victoria Police must be provided by secure delivery.
Subregulation (1) does not apply to documents and information viewed or transmitted to persons from a body referred to in subregulation (1) who are physically present at that time.
To avoid doubt, this regulation does not apply to documents that are purely administrative in nature.
For the purposes of section 54(2)(a) of the Act, a notification under section 54(1) of the Act must—
be made by secure delivery; and
include the following details—
the unique identifying number;
whether the application is made under section 21 or 30A of the Act;
for the purposes of an application under section 21 of the Act, an estimate of when the Chief Commissioner will give the Public Interest Monitor the information referred to in section 54(3) of the Act;
for the purposes of an application under section 30A of the Act—
whether the application was made in writing, by telephone or by other electronic communication; and
an estimate of when the Chief Commissioner will give the Public Interest Monitor a copy of the application and supporting affidavit.