The Commission’s final report included 111 recommendations. The following table sets out the Commission’s implementation timeframes against each of the 55 recommendations that the Victorian Government is responsible for implementing. Appendix B sets out the Commission’s recommendations all other agencies are responsible for implementing.
The Commission’s final report included 111 recommendations. The following table sets out the Commission’s implementation timeframes against each of the 55 recommendations that the Victorian Government is responsible for implementing. Appendix B sets out the Commission’s recommendations all other agencies are responsible for implementing.
Recommendation 1
That the Victorian Government, immediately after it has established the Special Investigator proposed in Recommendation 92, refers the conduct of Ms Nicola Gobbo to the Special Investigator to investigate whether there is sufficient evidence to establish the commission of a criminal offence or offences connected with her conduct as a human source for Victoria Police.
If the Special Investigator considers that there is sufficient evidence to establish the commission of a criminal offence or offences, they should prepare a brief of evidence for the Victorian Director of Public Prosecutions to determine whether to prosecute.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 3
That the Victorian Government, immediately after it has established the Special Investigator proposed in Recommendation 92, refers the conduct of current and former Victoria Police officers named in this report or the complete and unredacted submissions of Counsel Assisting to the Special Investigator to investigate whether there is sufficient evidence to establish the commission of a criminal and/or disciplinary offence or offences connected with Victoria Police’s use of Ms Nicola Gobbo as a human source.
If the Special Investigator considers that there is sufficient evidence to establish the commission of a criminal offence or offences, they should prepare a brief of evidence for the Victorian Director of Public Prosecutions to determine whether to prosecute.
If the Special Investigator considers that there is sufficient evidence to establish the commission of a disciplinary offence or offences, they should deal with those matters in accordance with Recommendation 99.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 6
That the Victorian Government, within three months, appoints a suitably qualified and independent person to review the 11 Victoria Police human source files subject to a claim of public interest immunity. The appointed person should have full and unfettered access to the human source files and report to the Attorney-General, the Minister for Police and the Chief Commissioner of Victoria Police on whether:
- any of the human sources provided information to Victoria Police in possible breach of their legal obligations of confidentiality or privilege
- any confidential or privileged information provided by the human sources was used or disseminated by Victoria Police
- a referral should be made to the Victorian Director of Public Prosecutions and/or Commonwealth Director of Public Prosecutions for further consideration, if there is evidence to suggest a prosecution or conviction was based on information improperly obtained by Victoria Police or may have been affected by the non-disclosure of relevant evidence.
Theme: Oversight
Timeframe: 28 February 2021 (Delivered)
Recommendation 8
That the Victorian Government, within two years, implements legislation for Victoria Police’s registration, use and management of human sources, to provide a clear framework for police to obtain and use information from human sources and to ensure they are used in an ethical and justifiable manner.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: The Human Source Management Act received Royal Assent on 16 May 2023 and will commence operation on 30 September 2024
Recommendation 9
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, makes it an offence to disclose information relating to a human source without authorisation (including information that a human source provided or was tasked to provide, and information about the identity of a human source and their registration and management).
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 10
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, defines ‘reportable human sources’ as a class of people who are prospective or registered human sources and who are reasonably expected to have access to confidential or privileged information.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 11
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, establishes clear decision-making arrangements that demonstrate alignment between the seniority of the decision maker and the level of risk posed by the registration of human sources.
The legislation should:
- empower the Chief Commissioner of Victoria Police to register human sources to assist in gathering criminal intelligence and/or investigating criminal activity
- permit the Chief Commissioner to delegate the power to register reportable human sources to an officer of or above the rank of Assistant Commissioner and non-reportable human sources to an officer of or above the rank of Superintendent
- require that an application for the registration of a prospective human source must be authorised by the Chief Commissioner or their delegate before the person can be used as a human source.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 12
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, requires the Chief Commissioner of Victoria Police or their delegate to be satisfied that in registering any human source, the registration is appropriate and justified, including that:
- the use of the person as a human source is necessary to achieve a legitimate law enforcement objective and is proportionate to that objective
- the risks associated with the person’s registration have been identified and can be adequately managed.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 13
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources:
- empowers the Chief Commissioner of Victoria Police or their delegate to impose conditions in respect of the registration of any human source
- requires the Chief Commissioner or their delegate to determine the period that a human source may be registered
- requires the Chief Commissioner or their delegate to determine the frequency with which the registration of a human source should be reviewed.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 14
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, requires that a prospective human source who is reasonably expected to have access to information that would be confidential or privileged but for an exception to the duty of confidentiality or privilege, should for the purpose of the human source registration process be treated as though they are a reportable human source.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 15
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, requires that:
- the Chief Commissioner of Victoria Police or their delegate must consider formal legal advice before deciding to register a reportable human source
- the Chief Commissioner or their delegate must have regard to any recommendations or submissions on the proposed registration that the Public Interest Monitor has made before deciding to register a reportable human source.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 16
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources:
- requires that the Chief Commissioner of Victoria Police or their delegate must be satisfied that there are exceptional and compelling circumstances to justify the registration of a human source where Victoria Police intends to obtain or disseminate confidential or privileged information from that person
- provides that ‘exceptional and compelling circumstances’ be defined as circumstances where there is a serious threat to national security, the community or the life and welfare of a person; and where the information cannot be obtained through any other reasonable means
- requires that the Chief Commissioner or their delegate must consider formal legal advice before deciding to register a human source with the intention to obtain or disseminate confidential or privileged information from that person
- requires that the Chief Commissioner or their delegate must have regard to any recommendations or submissions on the proposed registration that the Public Interest Monitor has made before deciding to register a human source with the intention to obtain or disseminate confidential or privileged information from that person.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 17
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, requires that where a reportable or non-reportable human source provides confidential or privileged information to police that was not expected or authorised at the time of their registration as a human source:
- Victoria Police must quarantine the confidential or privileged information
- Victoria Police must cancel the registration and commence a new application (if Victoria Police considers it necessary to continue using the person as a human source), in line with Recommendations 11, 15 and 16.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 18
That the Victorian Government, in developing the legislation for Victoria Police’s registration, use and management of human sources, allows the Chief Commissioner of Victoria Police or their delegate to make an emergency authorisation of a reportable human source.
This power should only be used in circumstances where: there is a serious threat to national security, the community, or the life and welfare of a person; the threat is imminent; and the information is not able to be obtained through any other reasonable means.
Theme: Human Source Management
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 43
That the Victorian Government ensures Victoria Police is appropriately funded and resourced to implement the Commission’s recommendations.
Theme: Funding
Timeframe: No specified timeframe
Status update: Government is continuing to work with agencies to understand resourcing implications of delivering the recommendations.
Recommendation 44
That the Victorian Government, within two years, implements legislation for external oversight of Victoria Police’s registration, use and management of all human sources.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 45
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, adopts a model comprised of the following three tiers:
- The Public Interest Monitor should be involved in Victoria Police’s decision-making process for registering reportable human sources.
- The Independent Broad-based Anti-corruption Commission should retrospectively monitor Victoria Police’s compliance with the Human Source Management framework recommended by the Commission, including the proposed legislation, any regulations, Victoria Police’s Human Source Policy and related procedures.
- The Independent Broad-based Anti-corruption Commission should continue to receive, handle and investigate complaints about Victoria Police, including any complaints about Victoria Police’s use of human sources.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 46
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, provides the Public Interest Monitor with the following legislative functions in relation to Victoria Police applications to register reportable human sources:
- test the sufficiency and adequacy of information relied on by Victoria Police in its application to register a reportable human source
- ask questions of any person giving information about the application
- assess the appropriateness of, and make recommendations or submissions on, the application to the Chief Commissioner of Victoria Police or their delegate
- such other functions as considered necessary or appropriate.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 47
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, provides the Public Interest Monitor with all necessary and reasonable powers required to fulfil its functions under the new legislation, including the power to:
- request, access and receive relevant documents, information or other material from Victoria Police
- require the Chief Commissioner of Victoria Police or other relevant Victoria Police personnel to answer questions relevant to an application to register a reportable human source
- make recommendations to the Chief Commissioner or their delegate regarding Victoria Police’s decisions relating to human sources
- refer to the Chief Commissioner for reconsideration a delegate’s decision not to accept a recommendation of the Public Interest Monitor relating to an application to register a reportable human source.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 48
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, empowers the Public Interest Monitor to make retrospective submissions or recommendations to the Chief Commissioner of Victoria Police or their delegate about the adequacy of any decisions made or actions taken by Victoria Police in relation to an emergency authorisation (made in line with the process proposed in Recommendation 18).
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 49
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, requires the Public Interest Monitor to:
- report to the Attorney-General annually on, among other things, the performance of its legislative functions, Victoria Police’s acceptance or rejection of its recommendations and its views about the adequacy of actions taken by Victoria Police
- provide special reports to the Attorney-General on other occasions if it deems necessary, or on the Attorney-General’s request
- provide copies of these annual and special reports to the Minister for Police and the Chief Commissioner of Victoria Police.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 50
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, requires the Attorney-General to:
- table in the Victorian Parliament annual and special reports prepared by the Public Interest Monitor
- cause the reports to be published on a Victorian Government website, subject to any redactions that the Public Interest Monitor considers necessary on safety and security grounds.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 51
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, provides that the Chief Commissioner of Victoria Police has obligations to:
- notify the Public Interest Monitor of any application to register a reportable human source
- provide all information relevant to the application, whether supportive or adverse, to the Public Interest Monitor
- ensure that any relevant Victoria Police personnel provide information and answer questions relevant to an application when requested by the Public Interest Monitor
- provide the Public Interest Monitor with all information relevant to an emergency authorisation of a reportable human source and a report explaining why the circumstances were exceptional and compelling and why the threat was imminent
- respond to the Public Interest Monitor within a reasonable time after a recommendation has been made as to whether the recommended action has been or will be taken, or provide reasons as to why the recommendation is not accepted
- ensure that Victoria Police personnel provide all reasonable assistance to support the Public Interest Monitor in the performance of its functions.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 52
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, provides the Independent Broad-based Anti-corruption Commission with legislative functions to:
- monitor Victoria Police’s compliance with the Human Source Management framework recommended by the Commission
- conduct inspections of Victoria Police human source records at least once every six months
- receive and consider reports from Victoria Police regarding material breaches of compliance with, or material deviations from, the Human Source Management framework
- receive and consider reports from Victoria Police regarding its management of confidential or privileged information obtained from a human source
- make findings and recommendations to the Chief Commissioner of Victoria Police.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 53
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, provides the Independent Broad-based Anti-corruption Commission with all necessary and reasonable powers required to fulfil its legislative functions, including the power to:
- enter any Victoria Police premises, after notifying the Chief Commissioner of Victoria Police
- have full and free access to Victoria Police human source records and systems
- make copies of records, in accordance with appropriate security measures
- request Victoria Police personnel to answer questions and provide documents
- request further inspection outside the legislative inspection period to monitor and assess Victoria Police’s implementation of any of its recommendations
- do any other thing reasonably necessary to discharge its legislative functions effectively.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 54
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, provides that the Chief Commissioner of Victoria Police has obligations to:
- report regularly (every three or six months) to the Independent Broad-based Anti-corruption Commission on any material breach of, or material deviation from, the Human Source Management framework recommended by the Commission, and explain the circumstances of that breach and steps taken or planned to rectify the breach and prevent it recurring
- report regularly (every three or six months) to the Independent Broad-based Anti-corruption Commission on confidential or privileged information that Victoria Police has obtained from any human source and how that information has been or will be dealt with
- respond in writing within a reasonable time of receiving a recommendation of the Independent Broad-based Anti-corruption Commission, either to accept the recommendation or explain why it has not been accepted
- implement a recommendation of the Independent Broad-based Anti-corruption Commission within a reasonable time of receiving and accepting it
- ensure that Victoria Police personnel provide all reasonable assistance to the Independent Broad-based Anti-corruption Commission in the performance of its functions.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 55
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, requires the Independent Broad-based Anti-corruption Commission to:
- report to the Attorney-General annually on, among other things, the performance of its legislative functions and Victoria Police’s compliance with the Human Source Management framework recommended by the Commission
- provide special reports to the Attorney-General on other occasions if the Independent Broad-based Anti-corruption Commission deems necessary, or on the Attorney-General’s request
- provide copies of these annual and special reports to the Minister for Police and the Chief Commissioner of Victoria Police.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 56
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, requires the Attorney-General to:
- table in the Victorian Parliament annual and special reports prepared by the Independent Broad-based Anti-corruption Commission
- cause the reports to be published on a Victorian Government website, subject to any redactions that the Independent Broad-based Anti-corruption Commission considers necessary on safety and security grounds.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 58
That the Victorian Government, in developing legislation for external oversight of Victoria Police’s registration, use and management of human sources, allows the Public Interest Monitor and Independent Broad-based Anti-corruption Commission to securely share information relevant to their respective legislative functions regarding Victoria Police’s use and management of human sources.
Theme: Human Source Management/Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: see note to recommendation 8.
Recommendation 60
That the Victorian Government, within two years, ensures that the Public Interest Monitor, Independent Broad-based Anti-corruption Commission and Victoria Police are appropriately funded and resourced to undertake the additional legislative functions and fulfil associated obligations that the Commission has recommended for the external oversight of the use of human sources.
Theme: Funding
Timeframe: 30 November 2022
Status update: Government is continuing to work with agencies to understand resourcing implications of delivering the recommendations.
Recommendation 61
That the Victorian Government, within two years, undertakes a review of institutional and legislative structures for the oversight of Victoria Police’s exercise of powers, to ensure that Victoria’s police oversight system is consistent and coherent and contributes to improved police accountability, including through outcome-focused monitoring of police decisions and actions.
Theme: Oversight
Timeframe: 30 November 2022 (Delivered)
Status update: government has conducted a systemic review of police oversight in Victoria. The review involved intensive stakeholder and public consultation and government is continuing to consider options for reform.
Recommendation 62
That the Victorian Government, within 12 months, introduces a legislative requirement for the responsible Victoria Police officer to:
- provide the Victorian Director of Public Prosecutions with all material obtained during an investigation that may be relevant to either the prosecution or the accused person’s case, except for material that is subject to a claim of privilege, public interest immunity, a legislative immunity or publication restriction
- notify the Director of the existence and nature of any material subject to a claim of privilege, public interest immunity, a legislative immunity or publication restriction
- where requested, provide the Director with any material subject to a claim of privilege, public interest immunity, legislative immunity or publication restriction.
Theme: Disclosure (Delivered)
Timeframe: 30 November 2021 (Delivered)
Recommendation 63
That the Victorian Government, within 12 months, introduces a legislative requirement for Victoria Police to complete a disclosure certificate in summary proceedings when a full brief is served and in indictable proceedings when a hand-up brief is served, which describes:
- relevant material not contained in the brief of evidence that is subject to a claim of privilege, public interest immunity, a legislative immunity or publication restriction
- the nature of the privilege or immunity claim or publication restriction in relation to each item.
- a copy of the disclosure certificate should be provided to the Victorian Director of Public Prosecutions and served on accused persons.
Theme: Disclosure
Timeframe: 30 November 2021 (Delivered)
Recommendation 66
That the Victorian Government, within 12 months, amends sections 41(e) and 110(e) of the Criminal Procedure Act 2009 (Vic) to clarify that any information, document or thing that is relevant to an alleged offence includes any material relevant to the credibility of a prosecution witness.
Theme: Disclosure
Timeframe: 30 November 2021 (Delivered)
Recommendation 67
That the Victorian Government, within six months, in consultation with the Victorian Director of Public Prosecutions, Victoria Police, the Victorian courts, Victoria Legal Aid and other relevant stakeholders:
- reviews the adequacy of existing court powers to make non-disclosure orders
- considers whether a legislative power should be introduced to empower Victoria Police and/or the Director to initiate applications for a court to determine public interest immunity claims without giving notice to an accused person.
Theme: Disclosure
Timeframe: 31 May 2021 (Delivered)
Recommendation 77
That the Victorian Government, within six months, considers whether the Victorian Legal Admissions Board requires any additional powers to request and consider documentation from other agencies for the purpose of assessing applications for admission to the legal profession.
If such powers are conferred in Victoria, a Council of Attorneys-General working group should consider whether a harmonised approach could be adopted in all Australian jurisdictions.
Theme: Legal profession regulation
Timeframe: 31 May 2021 (Delivered)
Recommendation 85
That the Legal Services Council, Law Council of Australia and Australian Bar Association work together to, within 12 months, harmonise the powers held by local regulatory authorities through the Solicitors’ CPD Rules, so that policies and requirements for CPD can be made for solicitors as they can already for barristers.
If this change has not been made within 12 months, the Victorian Government should, within a further 12 months, provide the Victorian Legal Services Board and Commissioner with the power to regulate solicitors’ CPD, as it is currently able to do in respect of barristers.
Theme: Legal profession regulation
Timeframe: 30 November 2022
Status update: As the Legal Services Council, Law Council of Australia and Australian Bar Association did not implement the recommendation within the stipulated timeframe, the second part of this recommendation has been triggered. The government has engaged with participant jurisdictions on a proposed model.
Recommendation 86
That the Victorian Government, within 12 months, pursues through the Council of Attorneys-General and the Legal Services Council, an amendment to the Legal Profession Uniform Law introducing a mandatory requirement for lawyers to report the suspected misconduct of other lawyers. The Victorian Government should ensure the Victorian Legal Services Board and Commissioner is appropriately resourced to implement this recommendation.
If the amendment incorporating a mandatory reporting obligation has not been agreed within 12 months, the Victorian Government should, within a further 12 months, introduce a mandatory reporting requirement for Victorian lawyers to report the suspected misconduct of other lawyers.
Theme: Legal profession regulation
Timeframe: 30 November 2022
Status update: In consultation with stakeholders, the government has developed a model for the reforms and engaged with the LSC and other participating jurisdictions seeking uniform implementation of the mandatory reporting requirement. Government continues to consider the best way of progressing this recommendation.
Recommendation 91
That the Victorian Government, within 18 months, amends the Inquiries Act 2014 (Vic) to:
- remove the ability for a person to refuse to comply with a notice to give information to a royal commission on the basis that the information is the subject of public interest immunity
- insert a provision to make clear that it is not a reasonable excuse for a person to refuse or fail to comply with a requirement to give information (including answering a question) or produce a document or other thing to a royal commission on the basis that the information, document or other thing is the subject of public interest immunity
- specify that any such information or document or other thing does not cease to be the subject of public interest immunity only because it is given or produced to a royal commission in accordance with a requirement under the act.
Theme: Royal Commissions
Timeframe: 31 May 2022
Status update: Rather than introducing amendments to the Inquiries Act in isolation, work is underway to develop whole-of-government administrative guidance on public interest immunity claims for inquiries and litigation more broadly. Consultation will continue with relevant stakeholders.
Recommendation 92
That the Victorian Government, within 12 months, develops legislation to establish a Special Investigator with the necessary powers and resources to investigate whether there is sufficient evidence to establish the commission of a criminal offence or offences (connected with Victoria Police’s use of Ms Nicola Gobbo as a human source) by Ms Gobbo or the current and former police officers named in the Commission’s final report or in the complete and unredacted submissions of Counsel Assisting.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 93
That the Victorian Government, in developing the legislation to establish the Special Investigator, requires that the person appointed as the Special Investigator be an Australian lawyer with at least 10 years’ experience in criminal law or a related field.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 94
That, where the Special Investigator compiles a brief of evidence containing sufficient evidence to establish the commission of a criminal offence or offences by Ms Nicola Gobbo or current or former Victoria Police officers, the Victorian Director of Public Prosecutions should be responsible for determining whether to prosecute and, if so, for the prosecution of the matter under the Public Prosecutions Act 1994 (Vic).
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 95
That the Victorian Government, in developing the legislation to establish the Special Investigator, requires the Special Investigator to report regularly to the Implementation Monitor proposed in Recommendation 108 on their progress to establish their operations, and on the outcomes of their investigations.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 96
That the Victorian Government, in developing the legislation to establish the Special Investigator, requires the Special Investigator to investigate whether there is sufficient evidence to establish the commission of misconduct or a breach of discipline under the Victoria Police Act 2013 (Vic) (connected with Victoria Police’s use of Ms Nicola Gobbo as a human source) by current Victoria Police officers named in the Commission’s final report or in the complete and unredacted submissions of Counsel Assisting.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 97
That the Victorian Government, in developing the legislation to establish the Special Investigator, empowers the Special Investigator to investigate:
- whether there is sufficient evidence to establish the commission of a criminal offence or offences (connected with Victoria Police’s use of Ms Nicola Gobbo as a human source) by any current or former Victoria Police officers other than those named in the Commission’s final report or in the complete and unredacted submissions of Counsel Assisting
- whether there is sufficient evidence to establish the commission of misconduct or a breach of discipline under the Victoria Police Act 2013 (Vic) (connected with Victoria Police’s use of Ms Gobbo as a human source) by any current Victoria Police officers other than those named in the Commission’s final report or in the complete and unredacted submissions of Counsel Assisting.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 98
That the Victorian Government, in developing the legislation to establish the Special Investigator, provides the Special Investigator with all necessary and reasonable powers required to fulfil their role in investigating misconduct or breaches of discipline, including but not limited to the power to direct any police officer to give any relevant information, produce any relevant document or answer any relevant question during a disciplinary investigation.
Any information, document or answer given in response to such a direction should not be admissible in evidence before any court or person acting judicially, other than in proceedings for perjury or for a breach of discipline.
To support the Special Investigator’s powers, the failure of an officer to comply with a direction from the Special Investigator should itself constitute a breach of discipline.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 99
That the Victorian Government, in developing the legislation to establish the Special Investigator, empowers the Special Investigator to lay disciplinary charges against relevant police officers if satisfied there is sufficient evidence to do so.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 102
That the Victorian Government ensures that under the Public Records Act 1973 (Vic), the Commission’s records be unavailable for public inspection for 75 years, subject to: any order of the Supreme Court of Victoria; the legislation providing the Special Investigator and the Independent Broad-based Anti-corruption Commission with access to the records; or any decision of the responsible Minister under section 9(2)(b) of the act to permit all or any of the records to be open for inspection by any specified person or class of persons.
Theme: Records management
Timeframe: No specified timeframe (Delivered)
Recommendation 103
That the Victorian Government, in developing the legislation to establish the Special Investigator, ensures that the legislation:
- gives the Special Investigator full and free access to the Commission’s records
- requires the Special Investigator to establish appropriate security arrangements for access to and the management of such records.
Theme: Special Investigator
Timeframe: 30 November 2021 (Delivered)
Recommendation 104
That the Department of Premier and Cabinet notifies Victoria Police of any court order or request to access the closed records of the Commission, except in relation to requests made by the Special Investigator or Independent Broad‑based Anti‑corruption Commission.
Theme: Records management
Timeframe: Ongoing (Delivered)
Recommendation 107
That the Victorian Government, within three months, establishes an Implementation Taskforce, chaired by a senior executive of the Department of Justice and Community Safety, with responsibility for coordinating and completing implementation of the Commission’s recommendations. The Taskforce should:
- consist of members from the Department of Justice and Community Safety, Department of Premier and Cabinet, Victoria Police, the Victorian Office of Public Prosecutions, the Special Investigator and other relevant stakeholders
- engage regularly with, and report formally and informally to, the Implementation Monitor proposed in Recommendation 108 throughout the implementation process.
Theme: Governance
Timeframe: 28 February 2021 (Delivered)
Recommendation 108
That the Victorian Government, within three months, appoints an independent Implementation Monitor to monitor the implementation of the Commission’s recommendations until implementation is completed.
Theme: Governance
Timeframe: 28 February 2021 (Delivered)
Recommendation 109
That the Victorian Government, in establishing the role of the Implementation Monitor, provides the Implementation Monitor with the support of a small secretariat located within the Department of Justice and Community Safety, and all necessary and reasonable legislative powers required to fulfil their role, including the power to:
- assess the implementation of the Commission’s recommendations throughout the implementation process, not only once responsible agencies have reported on the completion of implementation
- access Implementation Taskforce documents and attend meetings of the Implementation Taskforce
- indicate to responsible agencies the extent to which their implementation of the Commission’s recommendations is considered adequate
- request regular reports from Victoria Police on its progress in fulfilling its ongoing disclosure obligations to potentially affected persons identified by the Commission
- request reports from the Special Investigator on progress to establish their operations and the outcomes of their investigations
- request reports from the Chief Commissioner of Victoria Police on the progress and outcomes of any disciplinary proceedings arising from the Special Investigator’s disciplinary investigations.
Theme: Governance
Timeframe: No specified timeframe (Delivered)
Recommendation 110
That the Victorian Government, in establishing the role of the Implementation Monitor, requires it to report to the Attorney-General annually, or more frequently as it deems necessary, on the progress of the implementation of the Commission’s recommendations, the adequacy of implementation and what further measures may be required to ensure the Commission’s recommendations are implemented fully within the specified timeframes.
Theme: Reporting
Timeframe: No specified timeframe (Delivered)
Status update: The Police Informants Royal Commission Implementation Monitor Act 2021 requires the Implementation Monitor to report to the Attorney-General annually.
Recommendation 111
That the Attorney-General reports annually to the Victorian Parliament on the progress of the implementation of the Commission’s recommendations, until implementation is complete.
Theme: Reporting
Timeframe: Ongoing until implementation complete
Status update: this second annual progress report is provided to Parliament pursuant to this recommendation.
Updated