Victorian Numbered Acts Victorian Numbered ActsSee:
Act No.
66/2011
and amending
Act No.
70/2011.
Statute Book:
www.
legislation.
vic.gov.au
(1) Insert the following definitions into section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 —
""aircraft" means a machine or structure used or intended to be used for navigation of the air;
"approved health professional" means—
(a) a person registered under the Health Practitioner Regulation National Law—
(i) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii) in the registered nurses division of that profession;
(b) a person approved under subsection (2) to take a blood sample for the purposes of Division 1 of Part 7;
"authorised officer" means a sworn IBAC Officer appointed as an authorised officer under section 50;
"breach of discipline", in relation to a member of the police force, means a breach of discipline committed under section 69 of the Police Regulation Act 1958 ;
"category A longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;
"category B longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;
"category C longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;
"category D longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;
"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under Part I of the Police Regulation Act 1958 ;
corrupt conduct has the meaning given by section 3A;
"Council" has the same meaning as it has in section 3(1) of the Local Government Act 1989 ;
"critical incident" means an incident involving an IBAC Officer, other than the Commissioner, while the IBAC Officer was performing a function or exercising a power under this Act which—
(a) resulted in the death of, or serious injury to, a person; and
(b) also involved any one or more of the following—
(i) the discharge of a firearm by the IBAC Officer;
(ii) the use of force by the IBAC Officer;
(iii) the use of a motor vehicle by the IBAC Officer (including as a passenger) in the course of performing the IBAC Officer's duties or exercising the IBAC Officer's powers;
(iv) the death of, or serious injury to, the person while the person was in the custody of the IBAC Officer;
"defensive equipment" means one or more of the following—
(a) an article designed or adapted to discharge oleoresin capsicum spray;
(b) body armour within the meaning of the Control of Weapons Act 1990 ;
(c) an extendable baton designed or
adapted so that the length of the baton extends by gravity or centrifugal
force or by any pressure applied to a button, spring or device in or attached
to the handle of the baton;
s. 3
(d) handcuffs or cable ties;
"detained person" means—
(a) a person in prison in the legal custody of the Secretary to the Department of Justice in accordance with the Corrections Act 1986 ; or
(b) a person in a police gaol in the legal custody of the Chief Commissioner of Police in accordance with the Corrections Act 1986 ; or
(c) a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Department of Human Services in accordance with the Children, Youth and Families Act 2005 ;
(d) a patient in an approved mental health service within the meaning of the Mental Health Act 1986 ; or
(e) a patient in a residential service, residential institution or residential treatment facility within the meaning of the Disability Act 2006 ; or
(f) a person detained at a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010 ;
"drug of dependence" has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981 ;
"firearm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;
"general category handgun" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;
"judicial officer" means—
(a) a Judge of the Supreme Court;
(b) an Associate Judge of the Supreme Court;
(c) a judicial registrar of the Supreme Court;
(d) a judge of the County Court;
(e) an associate judge of the County Court;
(f) a magistrate;
"notification to the IBAC" means—
(a) in relation to corrupt conduct, a notification under section 40(1);
(b) in relation to police personnel conduct, a notification under section 40(2), (4) or (6);
"person" includes an unincorporated association, a firm and a partnership;
"person in charge", for the purposes of Division 1 of Part 3, means the person who is in charge of the place or institution where the person who wishes to make a complaint is a detained person;
"police force" means—
(a) the Chief Commissioner of Police;
(b) a Deputy Commissioner of Police or an Assistant Commissioner of Police appointed under Part I of the Police Regulation Act 1958 ;
(c) other members of the force within the meaning of section 3(1) of the Police Regulation Act 1958 ;
(d) police reservists appointed under Part VI of the Police Regulation Act 1958 ;
(e) protective services officers appointed under Part VIA of the Police Regulation Act 1958 ;
"police gaol" has the same meaning as it has in the Corrections Act 1986 ;
"police personnel" means—
(a) a member of the police force;
(b) an executive or employee employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner of Police;
(c) a police recruit appointed under section 8A of the Police Regulation Act 1958 ;
police personnel conduct has the meaning given by section 3B;
police personnel conduct complaint has the meaning given by section 3B;
police personnel misconduct has the meaning given by section 3B;
"police personnel premises" means any premises, or the part of any premises, occupied by police personnel for the purposes of use as an office, a police station, a police gaol, a locker room, a command and control centre, an educational and training complex, a forensic laboratory, a storage facility or a special purpose facility, whether or not occupied by any other person or body, but does not include any residential premises;
"prescribed" means prescribed by regulations made under this Act;
"prison" has the same meaning as it has in the Corrections Act 1986 ;
"prison officer" has the same meaning as it has in the Corrections Act 1986 ;
"prisoner" has the same meaning as it has in the Corrections Act 1986 ;
"privilege" means—
(a) any privilege that a person is entitled to claim in any proceedings before a court or tribunal; and
(b) public interest immunity;
"public body" has the meaning given by section 3C;
Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011 ;
public officer has the meaning given by section 3C;
public sector has the meaning given by section 3C;
"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
"relevant head of jurisdiction" means—
(a) in relation to the Supreme Court, a Judge of the Supreme Court, an Associate Judge of the Supreme Court or a judicial registrar of the Supreme Court—
(i) the Chief Justice; or
(ii) if the Chief Justice is the person whose conduct is being investigated, the President of the Court of Appeal; or
(b) in relation to the County Court, a judge of the County Court or an associate judge of the County Court—
(i) the Chief Judge of the County Court; or
(ii) if the Chief Judge is the person whose conduct is being investigated, the next most senior judge of the County Court;
(c) in relation to the Magistrates' Court or a magistrate—
(i) the Chief Magistrate; or
(ii) if the Chief Magistrate is the person whose conduct is being investigated, the most senior Deputy Chief Magistrate;
"relevant offence" means—
(a) an indictable offence against an Act; or
(b) any of the following common law offences committed in Victoria—
(i) attempt to pervert the course of justice;
(ii) bribery of a public official;
(iii) perverting the course of justice;
"relevant principal officer" means—
(a) the public sector body Head within the meaning of section 4(1) of the Public Administration Act 2004 , in relation to—
(i) the public body of which he or she is the public sector body Head; and
(ii) the public officers employed by that public body;
(b) the Chief Commissioner of Police, in relation to members of police personnel;
(c) the Chief Executive Officer of a Council, in relation to members of Council staff employed by that Council;
"search warrant" means a warrant issued under section 60;
"senior IBAC Officer" means a sworn IBAC Officer who is the holder of a prescribed office or position or is the holder of an office or position of a prescribed class of offices or positions;
"serious injury" includes an injury that—
(a) is life threatening; or
(b) is likely to result in permanent
impairment; or
s. 3
(c) is likely to require long-term rehabilitation; or
(d) is, in the opinion of the IBAC, of such nature, or occurred in such circumstances, that the infliction of it is likely to bring the IBAC into disrepute or diminish public confidence in it;
"sworn IBAC Officer" means an IBAC Officer who has taken an oath or made an affirmation under this Act;
"vehicle" has the same meaning as it has in the Road Safety Act 1986 ;
"vessel" has the same meaning as it has in the Marine Act 1988 ;
"Victorian Inspectorate" has the same meaning as it has in section 3 of the Victorian Inspectorate Act 2011 ;".
(2) In section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 for the definition of IBAC Officer substitute —
""IBAC Officer" means—
(a) the Commissioner;
(b) a Deputy Commissioner;
(c) the Chief Executive Officer appointed under section 27;
(d) a person employed under section 29(1);
(e) a person employed or engaged by the IBAC under section 29(2);
(f) a person engaged as a consultant under section 30;".
(3) At the end of section 3 of the Independent Broad-based Anti-corruption Commission Act 2011 insert —
"(2) For the purposes of paragraph (b) of the definition of approved health professional , the Director within the meaning of the Victorian Institute of Forensic Medicine Act 1985 , in writing, may approve a person to take blood samples for the purposes of Division 1 of Part 7 if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take those samples.
(3) A reference in this Act to the investigative functions of the IBAC—
(a) in respect of corrupt conduct, is a reference to the functions specified in section 9(2)(a) and (3)(a);
(b) in respect of police personnel conduct, is a reference to the functions specified in section 9(2)(b), (2)(c) and (3)(b).".