Crime Statistics Act 2014
No. 54 of 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
1
Main purpose
Commencement
Definitions
1
1
2
PART 2—CHIEF STATISTICIAN
4
5
6
7
8
9
3
Chief Statistician
Functions and powers of Chief Statistician
Staff and consultants
Access to law enforcement data
Unauthorised access to, use of or disclosure of information—
summary offence
Unauthorised access to, use of or disclosure of information—
indictable offence
PART 3—GENERAL
10
3
3
3
4
5
6
7
Regulations
7
PART 4—CONSEQUENTIAL AND RELATED AMENDMENTS
8
Division 1—Commissioner for Law Enforcement Data Security
Act 2005
8
11
12
13
14
15
Purpose
Definitions
Functions
Powers
Chief Commissioner of Police may provide assistance
Division 2—Criminal Procedure Act 2009
16
New item 3B inserted in Schedule 2
3B
Crime Statistics Act 2014
Division 3—Amendment consequential on Victoria Police Act 2013
17
Access to law enforcement data
i
8
8
9
10
11
12
12
12
12
12
Section
Page
Division 4—Repeal of Part
18
12
Repeal of Part
12
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ENDNOTES
13
ii
Victoria
Crime Statistics Act 2014†
No. 54 of 2014
[Assented to 26 August 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Main purpose
The main purpose of this Act is to provide for the
publication of crime statistics and the employment
of a Chief Statistician for that purpose.
2 Commencement
(1) Subject to subsection (3), this Act, other than
Division 3 of Part 4, comes into operation on a
day or days to be proclaimed.
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Crime Statistics Act 2014
No. 54 of 2014
Part 1—Preliminary
s. 3
(2) Division 3 of Part 4 comes into operation on the
later of—
(a) the day on which section 7(4) comes into
operation; and
(b) the day on which section 278 of the Victoria
Police Act 2013 comes into operation.
(3) If a provision of this Act, other than Division 3 of
Part 4, does not come into operation before 1 June
2015, it comes into operation on that day.
3 Definitions
In this Act—
Chief Statistician means the person employed as
Chief Statistician for the purposes of this
Act;
law enforcement data has the same meaning as in
the Commissioner for Law Enforcement
Data Security Act 2005;
Secretary means the Secretary to the Department
of Justice.
__________________
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Crime Statistics Act 2014
No. 54 of 2014
Part 2—Chief Statistician
PART 2—CHIEF STATISTICIAN
4 Chief Statistician
The Secretary may employ a person under Part 3
of the Public Administration Act 2004 to be the
Chief Statistician for the purposes of this Act.
5 Functions and powers of Chief Statistician
(1) The Chief Statistician has the following
functions—
(a) to publish and release statistical information
relating to crime in Victoria;
(b) to undertake research into and analysis of
crime and criminal justice issues and trends
in Victoria;
(c) any other functions conferred on the Chief
Statistician under this or any other Act.
(2) The Chief Statistician has all the powers necessary
to perform his or her functions, including the
powers conferred on him or her under this or any
other Act.
6 Staff and consultants
(1) Any employees that are necessary for the purposes
of this Act may be employed under Part 3 of the
Public Administration Act 2004.
(2) The Secretary may engage persons with suitable
qualifications and experience as consultants to
assist the Chief Statistician in the performance of
the Chief Statistician's functions.
(3) An engagement under this section may be on any
terms and conditions the Secretary considers
appropriate.
3
s. 4
Crime Statistics Act 2014
No. 54 of 2014
s. 7
Part 2—Chief Statistician
7 Access to law enforcement data
(1) The Chief Statistician—
(a) may require the Chief Commissioner of
Police to give the Chief Statistician free and
full access at all reasonable times to any law
enforcement data (including any document
on which law enforcement data is recorded)
as is necessary to enable the Chief
Statistician to perform his or her functions;
and
(b) despite anything to the contrary in any other
Act or law, may make copies of or take
extracts from any data or document accessed
under paragraph (a).
(2) Subject to subsection (3), the Chief Commissioner
of Police must comply with a requirement of the
Chief Statistician under subsection (1)(a).
(3) The Chief Commissioner of Police may refuse to
comply with a requirement of the Chief
Statistician under subsection (1)(a) if the Chief
Commissioner considers that giving access to the
data would, or would be reasonably likely to—
(a) prejudice the investigation of a breach or
possible breach of the law or prejudice the
enforcement or proper administration of the
law in a particular instance; or
(b) prejudice the fair trial of a person or the
impartial adjudication of a particular case or
disclose data that is of such a nature that it
would be privileged from production in legal
proceedings on the ground of legal
professional privilege or client legal
privilege; or
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Crime Statistics Act 2014
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Part 2—Chief Statistician
(c) disclose, or enable a person to ascertain, the
identity of a confidential source of
information in relation to the enforcement or
administration of the law; or
(d) endanger the lives or physical safety of
persons engaged in or in connection with law
enforcement or persons who have provided
confidential information in relation to the
enforcement or administration of the law.
(4) Despite anything to the contrary in section 6A of
the Police Regulation Act 1958, a duty, function
or power of the Chief Commissioner of Police
under this section cannot be delegated under that
section to any person other than a Deputy
Commissioner.
8 Unauthorised access to, use of or disclosure of
information—summary offence
(1) A regulated person must not, without reasonable
excuse, access, use or disclose any information
obtained by the regulated person in the
performance of functions under this Act except for
the purposes of this Act or otherwise in
connection with the performance of functions
under this Act.
Penalty: 240 penalty units or imprisonment for
2 years or both.
(2) Without limiting what may be a reasonable
excuse, it is a reasonable excuse if the regulated
person took reasonable steps not to access, use or
disclose the information.
Note
See also section 72 of the Criminal Procedure Act 2009,
which deals with the evidential burden of proof.
5
s. 8
Crime Statistics Act 2014
No. 54 of 2014
s. 9
Part 2—Chief Statistician
(3) In this section—
regulated person means a person who is or was—
(a) the Chief Statistician; or
(b) an employee or consultant referred to in
section 6.
9 Unauthorised access to, use of or disclosure of
information—indictable offence
(1) A regulated person must not access, use or
disclose any information obtained by the regulated
person in the performance of functions under this
Act if the regulated person knows or is reckless
as to whether the information may be used
(whether by the regulated person or any other
person) to—
(a) endanger the life or physical safety of any
person; or
(b) commit, or assist in the commission of, an
indictable offence; or
(c) impede or interfere with the administration
of justice.
Penalty: 600 penalty units or imprisonment for
5 years or both.
(2) An offence against subsection (1) is an indictable
offence.
(3) In this section—
regulated person has the same meaning as in
section 8.
__________________
6
Crime Statistics Act 2014
No. 54 of 2014
Part 3—General
PART 3—GENERAL
10 Regulations
(1) The Governor in Council may make regulations—
(a) prescribing fees or charges that may be
imposed for the provision of services by the
Chief Statistician; and
(b) prescribing any other matter or thing that is
required or permitted to be prescribed or
necessary to be prescribed to give effect to
this Act.
(2) A power conferred by this Act to make
regulations for the imposition of fees may be
exercised by providing for all or any of the
following matters—
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value and time;
(e) the waiver or reduction of fees.
__________________
7
s. 10
Crime Statistics Act 2014
No. 54 of 2014
s. 11
Part 4—Consequential and Related Amendments
PART 4—CONSEQUENTIAL AND RELATED AMENDMENTS
Division 1—Commissioner for Law Enforcement Data
Security Act 2005
11 Purpose
See:
Act No.
84/2005.
Reprint No. 1
as at
6 May 2010
and
amending
Act No.
82/2012.
LawToday:
www.
legislation.
vic.gov.au
At the end of section 1 of the Commissioner for
Law Enforcement Data Security Act 2005
insert—
"(2) Another purpose of this Act is to promote the
use by the Chief Statistician of appropriate
and secure management practices for crime
statistics data.".
12 Definitions
Insert the following definitions in section 3 of the
Commissioner for Law Enforcement Data
Security Act 2005—
"Chief Statistician has the same meaning as in the
Crime Statistics Act 2014;
crime statistics data means—
(a) any law enforcement data obtained by
the Chief Statistician from the Chief
Commissioner of Police under section 7
of the Crime Statistics Act 2014; or
(b) any information derived from data
referred to in paragraph (a) by the Chief
Statistician or an employee or
consultant referred to in section 6 of the
Crime Statistics Act 2014 in the
performance of functions under that
Act, other than information published
by the Chief Statistician under
section 5(1)(a) of that Act;
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Part 4—Consequential and Related Amendments
crime statistics data system means a database kept
by the Chief Statistician (whether in
computerised or other form and however
described) containing crime statistics data;".
13 Functions
(1) In section 11(1) of the Commissioner for Law
Enforcement Data Security Act 2005—
(a) in paragraph (a), after "systems" insert
"and crime statistics data systems";
(b) in paragraph (b), after "data" (where twice
occurring) insert "and crime statistics data";
(c) after paragraph (e) insert—
"(ea) to undertake reviews of any matters
relating to crime statistics data security
requested by the Minister or the Chief
Statistician;".
(2) In section 11(2) of the Commissioner for Law
Enforcement Data Security Act 2005, after
"subsection (1)(a) and (b)" insert "in relation to
law enforcement data and law enforcement data
systems".
(3) After section 11(2) of the Commissioner for Law
Enforcement Data Security Act 2005 insert—
"(3) The Commissioner for Law Enforcement
Data Security must consult with the Chief
Statistician when establishing standards and
protocols under subsection (1)(a) and (b) in
relation to crime statistics data and crime
statistics data systems.".
9
s. 13
Crime Statistics Act 2014
No. 54 of 2014
s. 14
Part 4—Consequential and Related Amendments
14 Powers
(1) In section 12(1) of the Commissioner for Law
Enforcement Data Security Act 2005—
(a) after paragraph (a) insert—
"(ab) to require the Chief Statistician to give
the Commissioner free and full access
at all reasonable times to any crime
statistics data (including any document
on which crime statistics data is
recorded) or any crime statistics data
system as is necessary to enable the
Commissioner to perform his or her
functions under this Act;";
(b) in paragraph (b), after "paragraph (a)" insert
"or (ab)".
(2) After section 12(4) of the Commissioner for Law
Enforcement Data Security Act 2005 insert—
"(5) Subject to subsection (6), the Chief
Statistician must comply with a requirement
of the Commissioner for Law Enforcement
Data Security under subsection (1)(ab).
(6) The Chief Statistician may refuse to comply
with a requirement of the Commissioner for
Law Enforcement Data Security under
subsection (1)(ab) if the Chief Statistician
considers that giving access to that data or
system would, or would be reasonably likely
to—
(a) prejudice the investigation of a breach
or possible breach of the law or
prejudice the enforcement or proper
administration of the law in a particular
instance; or
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Crime Statistics Act 2014
No. 54 of 2014
Part 4—Consequential and Related Amendments
(b) prejudice the fair trial of a person or the
impartial adjudication of a particular
case or disclose data that is of such a
nature that it would be privileged from
production in legal proceedings on the
ground of legal professional privilege
or client legal privilege; or
(c) disclose, or enable a person to
ascertain, the identity of a confidential
source of information in relation to the
enforcement or administration of the
law; or
(d) endanger the lives or physical safety of
persons engaged in or in connection
with law enforcement or persons who
have provided confidential information
in relation to the enforcement or
administration of the law.".
15 Chief Commissioner of Police may provide
assistance
(1) For the heading to section 14 of the
Commissioner for Law Enforcement Data
Security Act 2005 substitute—
"Assistance by Chief Commissioner of Police
and Chief Statistician".
(2) In section 14 of the Commissioner for Law
Enforcement Data Security Act 2005, after
"the Chief Commissioner of Police" insert "or the
Chief Statistician, or both,".
11
s. 15
Crime Statistics Act 2014
No. 54 of 2014
s. 16
Part 4—Consequential and Related Amendments
Division 2—Criminal Procedure Act 2009
16 New item 3B inserted in Schedule 2
See:
Act No.
7/2009.
Reprint No. 3
as at
1 March 2013
and
amending
Act Nos
12/2013,
22/2013,
32/2013,
56/2013,
67/2013
and 77/2013.
LawToday:
www.
legislation.
vic.gov.au
In Schedule 2 to the Criminal Procedure Act
2009, after item 3A insert—
"3B Crime Statistics Act 2014
Offences under section 9 of the Crime
Statistics Act 2014.".
Division 3—Amendment consequential on Victoria Police
Act 2013
17 Access to law enforcement data
In section 7(4) of this Act, for "section 6A of the
Police Regulation Act 1958" substitute
"section 19 of the Victoria Police Act 2013".
Division 4—Repeal of Part
18 Repeal of Part
This Part is repealed on 1 June 2016.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Crime Statistics Act 2014
No. 54 of 2014
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 26 March 2014
Legislative Council: 26 June 2014
The long title for the Bill for this Act was "A Bill for an Act to provide
for the publication of crime statistics and the employment of a Chief
Statistician for that purpose, to amend the Commissioner for Law
Enforcement Data Security Act 2005 and for other purposes."
13