VersionNo. 002
Crime Statistics Act 2014
No. 54 of 2014
Version incorporating amendments as at
1 August 2015
TABLE OF PROVISIONS
SectionPage
1
SectionPage
Part 1—Preliminary
1Main purpose
2Commencement
3Definitions
Part 2—Chief Statistician
4Chief Statistician
5Functions and powers of Chief Statistician
6Staff and consultants
7Access to law enforcement data
8Unauthorised access to, use of or disclosure of information—summary offence
9Unauthorised access to, use of or disclosure of information—indictable offence
Part 3—General
10Regulations
Part 4—Consequential and related amendments
Division 1—Commissioner for Law Enforcement Data Security Act 2005
11Purpose
12Definitions
13Functions
14Powers
15Chief Commissioner of Police may provide assistance
Division 2—Criminal Procedure Act 2009
16New item 3B inserted in Schedule 2
Division 3—Amendment consequential on Victoria Police Act 2013
17Access to law enforcement data
Division 4—Repeal of Part
18Repeal of Part
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
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VersionNo. 002
Crime Statistics Act 2014
No. 54 of 2014
Version incorporating amendments as at
1 August 2015
1
Part 1—Preliminary
Crime Statistics Act 2014
No. 54 of 2014
The Parliament of Victoria enacts:
Part 1—Preliminary
1Main 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.
2Commencement
(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.
(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.
3Definitions
In this Act—
Chief Statistician means the person employed as Chief Statistician for the purposes of this Act;
S.3 def.of law enforcement data amendedby No.21/2015 s.3(Sch.1 item15).
law enforcement data has the same meaning as in the Privacy and Data Protection Act 2014;
Secretary means the Secretary to the Department of Justice.
Part 2—Chief Statistician
4Chief 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.
5Functions 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.
6Staff 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.
7Access 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
(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.
S. 7(4) amended by No. 54/2014 s.17.
(4)Despite anything to the contrary in section19 of the Victoria Police Act 2013, 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.
8Unauthorised 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 2years 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.
(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.
9Unauthorised 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 asto 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 5years 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.
Part 3—General
10Regulations
(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.
Part 4—Consequential and related amendments
Division 1—Commissioner for Law Enforcement Data Security Act 2005
11Purpose
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.".
12Definitions
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 section5(1)(a) of that Act;
crime statistics data system means a database keptby the Chief Statistician (whether in computerised or other form and however described) containing crime statistics data;".
13Functions
(1)In section 11(1) of the Commissioner for Law Enforcement Data Security Act 2005—
(a)in paragraph (a), after "systems" insert "andcrime 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.".
14Powers
(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
(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.".
15Chief 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 "theChief Commissioner of Police" insert "or the Chief Statistician, or both,".
Division 2—Criminal Procedure Act 2009
16New item 3B inserted in Schedule 2
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
17Access to law enforcement data
In section 7(4) of this Act, for "section 6A of the Police Regulation Act 1958" substitute "section19 of the Victoria Police Act 2013".
Division 4—Repeal of Part
18Repeal 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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Endnotes
1General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
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."
The Crime Statistics Act 2014 was assented to on 26 August 2014 and came into operation as follows:
Sections 1–16, 18 on 1 January 2015: Special Gazette (No. 364) 14 October 2014 page 1; section 17 on 1 January 2015: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
•Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
•Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
•Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
•Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
•Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
•Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2Table of Amendments
This publication incorporates amendments made to the Crime Statistics Act 2014 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Crime Statistics Act 2014, No. 54/2014
Assent Date: / 26.8.14Commencement Date: / S. 17 on 1.1.15: s.2(2)
Current State: / This information relates only to the provision/s amending the Crime Statistics Act 2014
Statute Law Revision Act 2015, No. 21/2015
Assent Date: / 16.6.15Commencement Date: / S. 3(Sch.1 item15) on 1.8.15: s.2(1)
Current State: / This information relates only to the provision/s amending the Crime Statistics Act 2014
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3Amendments Not in Operation
Not updated for this publication.
4Explanatory details
No entries at date of publication.
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