Victorian Numbered Acts

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 239

After Part 3 of the Infringements Act 2006 insert —

" PART 3A—INTERNAL REVIEW OVERSIGHT

        53A     Guidelines

    (1)     The Director may make guidelines for enforcement agencies setting out—

        (a)     the purposes of internal review; and

        (b)     the obligations of enforcement agencies in performing the internal review function; and

        (c)     any other matter the Director considers appropriate for the purposes of internal review conducted by enforcement agencies.

    (2)     The Director may consult enforcement agencies for the purposes of making guidelines under this section.

    (3)     Guidelines made under this section—

        (a)     must be published in the Government Gazette; and

        (b)     may be published on the Internet.

        53B     Oversight and monitoring by Director

    (1)     The Director may request an enforcement agency to give the Director any of the following—

        (a)     information relating to any internal review applications made to the enforcement agency including—

              (i)     the number of internal review applications received; and

              (ii)     the grounds on which applications for internal review were made; and

              (iii)     the outcomes of internal review;

        (b)     the policies, processes and guidelines used by the enforcement agency to determine internal review applications;

        (c)     any complaints received by the enforcement agency relating to internal review;

        (d)     any other prescribed internal review matter.

    (2)     An enforcement agency must comply with a request for information made by the Director under subsection (1).

        53C     Recommendations to enforcement agencies

    (1)     The Director may make recommendations to an enforcement agency at any time in relation to its internal review processes and compliance with the Act generally.

    (2)     After receiving any recommendations under subsection (1), an enforcement agency must within a reasonable time give a report to the Director specifying—

        (a)     any action taken by, or planned to be taken by, the enforcement agency to implement the recommendations; and

        (b)     if no action will be taken by the enforcement agency to implement the recommendations, the reasons for that decision.

        53D     Reports and recommendations to Attorney-General

    (1)     The Director must submit to the Attorney-General an annual report of the outcomes in respect of the functions carried out by the Director under this Part.

    (2)     The Attorney-General may publish the report received from the Director under subsection (1).

    (3)     The Director may submit a report to the Attorney-General at any time in relation to any of the following—

        (a)     compliance with this Act by an enforcement agency;

        (b)     failure by an enforcement agency to comply with a request made by the Director under section 53B;

        (c)     an enforcement agency's response to any recommendations made to it by the Director;

        (d)     any issues identified by the Director as part of the Director's functions under this Part.

    (4)     The Director may make recommendations to the Attorney-General at any time for the purposes of—

        (a)     improving the operation of internal review;

        (b)     addressing problems or issues encountered by enforcement agencies;

        (c)     dealing with non-compliance with this Act, proper processes and the guidelines by enforcement agencies.

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