Witness Protection Regulations 2017

Witness Protection Regulations 2017

S.R. No. 55/2017

table of provisions

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Definitions

Part 2—Notice requirements

5Notification of scheduled decision

6Notification of change in details in respect of a scheduled decision

7Confirmation of notification

Part 3—Documents to be given to the Public Interest Monitor

8Notification of documents

9Disclosure of further documents to the Public Interest Monitor

10Confirmation of receipt of documents

Part 4—Security and record keeping

11Dealing with documents received

12Document register to be kept

13Storage of documents

14Confirmation documents have been returned

═════════════

Part 4—Security and record keeping

Witness Protection Regulations 2017

S.R. No. 55/2017

statutory rules 2017

S.R. No. 55/2017

Part 4—Security and record keeping

Witness Protection Regulations 2017

S.R. No. 55/2017

Witness Protection Act 1991

Part 4—Security and record keeping

Witness Protection Regulations 2017

S.R. No. 55/2017

Witness Protection Regulations 2017

Part 4—Security and record keeping

Witness Protection Regulations 2017

S.R. No. 55/2017

The Governor in Council makes the following Regulations:

Dated: 20 June 2017

Responsible Minister:

LISA NEVILLE

Minister for Police

andrew robinson

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to prescribe—

(a)requirements for the notifications given to the Public Interest Monitor under section 20K of the Witness Protection Act 1991; and

(b)requirements for the transmission, disposal and storage of documents and information that the Public Interest Monitor receives in performing functions under that Act; and

(c)other matters for the purposes of that Act.

2Authorising provision

These Regulations are made under section 25A of the Witness Protection Act 1991.

3Commencement

These Regulations come into operation on
1 July 2017.

4Definitions

In these Regulations—

double-sealed envelope means a process whereby—

(a)documents are enclosed in an envelope (the inner envelope) which is sealed and displays markings indicating the security classification level of the documents; and

(b)the inner envelope is then enclosed in a second envelope which is sealed;

scheduled decision means a decision referred to in section 20I(1) of the Act that is due to be made;

secure delivery means delivery of documents in a double-sealed envelope by a member of Victoria Police personnel;

the Act means the Witness Protection Act 1991;

unique identifying number means a unique number or name that Victoria Police has assigned for reference purposes to a decision referred to in section 20I(1) of the Act;

witness protection data means any information that the Public Interest Monitor receives under the Act to enable the performance of the Public Interest Monitor's functions under the Act;

written receipt means a receipt given by a Public Interest Monitor that specifies—

(a)the unique identifying number for the scheduled decision; and

(b)whether the scheduled decision is of a type listed in section 20I(1)(a), (b) or (c) of the Act; and

(c)a list of any documents received by the Public Interest Monitor.

Part 2—Notice requirements

5Notification of scheduled decision

A notification under section 20K of the Act must—

(a)occur after the Public Interest Monitor has been contacted by telephone or email to ascertain the Public Interest Monitor's availability to attend the making of a scheduled decision; and

(b)be made by email or hand delivery; and

(c)include all of the following details—

(i)a unique identifying number for the scheduled decision;

(ii)whether the scheduled decision is of a type referred to in section 20I(1)(a), (b) or (c) of the Act;

(iii)the date, time and place of the scheduled decision;

(iv)an estimate of when the Chief Commissioner will give the Public Interest Monitor copies of the documents referred to in section 20K(3) of the Act.

6Notification of change in details in respect of a scheduled decision

The Chief Commissioner must notify the Public Interest Monitor by email or hand delivery of a change to any details included in a notification under regulation 5 as soon as practicable after becoming aware of the change.

7Confirmation of notification

As soon as practicable after being notified under regulation 5 or 6, the Public Interest Monitor must—

(a)give the Chief Commissioner a written receipt; and

(b)if the scheduled decision is of a type referred to in section 20I(1)(c) of the Act—advise the Chief Commissioner by email or hand delivery whether or not the Public Interest Monitor intends to exercise the function of the Public Interest Monitor under section 20J(1)(a) in respect of that decision.

Part 3—Documents to be given to the Public Interest Monitor

8Notification of documents

The Chief Commissioner must give the Public Interest Monitor copies of the documents referred to in section 20K(3) of the Act—

(a)as soon as practicable after those documents have been prepared for the purpose of making a scheduled decision but, in any case, before the scheduled decision is due to be made; and

(b)by secure delivery.

9Disclosure of further documents to the Public Interest Monitor

If the Chief Commissioner or a member of Victoria Police personnel is required to give the Public Interest Monitor any document under section 20L of the Act, that person must do so as soon as practicable and by secure delivery.

10Confirmation of receipt of documents

As soon as practicable after receiving any document under regulation 8 or 9, the Public Interest Monitor must give a written receipt to the Chief Commissioner or relevant member of Victoria Police personnel (as appropriate).

Part 4—Security and record keeping

11Dealing with documents received

(1)The Principal Public Interest Monitor must develop written procedures for dealing with witness protection data, including the creation and maintenance of the following—

(a)an information security policy;

(b)an access control policy;

(c)procedures for monitoring access activities in respect of witness protection data;

(d)procedures for ensuring that all witness protection data is adequately protected;

(e)a risk management policy for identifying, analysing and treating security risks to witness protection data;

(f)reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect witness protection data;

(g)a process for the continual monitoring and improvement of an information security incident.

(2)In this regulation—

information security event means an identified occurrence of an information system, service or network state indicating—

(a)a possible breach of information security policy; or

(b)a failure of safeguards; or

(c)a previously unknown situation that may be security relevant;

information security incident means a single information security event or a series of information security events that is likely to have compromised the security of information.

12Document register to be kept

(1)The Principal Public Interest Monitor must keep a register of all documents that the Public Interest Monitor receives to inform the making of a decision referred to in section 20I of the Act.

(2)The register must include—

(a)the current location of those documents; and

(b)the date those documents are returned to the Chief Commissioner under section 20N of the Act.

13Storage of documents

(1)The Public Interest Monitor must keep all documents containing witness protection data in a secure place when not in use.

(2)The secure place must be accessible only to persons entitled to deal with that information.

14Confirmation documents have been returned

(1)The Chief Commissioner must notify the Public Interest Monitor as soon as practicable after the Chief Commissioner receives a document under section 20N of the Act.

(2)A notification made under subregulation (1) must—

(a)be in writing; and

(b)specify the unique identifying number for the decision in question; and

(c)specify the type of information received; and

(d)specify whether or not the Public Interest Monitor has returned all required documents relating to the decision in question.

═════════════