The Commission’s final report included 111 recommendations. The following sets out the Commission’s implementation timeframes against each recommendation that agencies other than government are responsible for implementing. Unless otherwise indicated, the implementation of each recommendation is on track at the time of writing.
Recommendation 2
- Responsible agency: Victorian Bar
- Theme: Legal Profession Regulation
- Timeframe: 28 February 2021 (Delivered)
That the Victorian Bar Council, within three months, considers removing Ms Nicola Gobbo from the Victorian Bar Roll, including by any necessary amendment to the Victorian Bar Constitution.
Recommendation 4
- Responsible agency: Victoria Police
- Theme: Governance
- Timeframe: 28 February 2021
The Implementation Monitor noted that Victoria Police has undertaken the required review and considerable progress made. In the Implementation Monitor’s view, full implementation is subject to development of human source management legislation.
That the Chief Commissioner of Victoria Police, within three months:
- takes steps to ensure that Victoria Police’s organisational and executive structure enables the role of Executive Director, Legal Services to provide independent legal advice to Victoria Police Executive Command (or creates an alternative senior legal advisory role for this purpose)
- considers whether limits should be placed on the maximum time a person may spend in the position of Executive Director, Legal Services (or any alternative senior role created within Victoria Police for the purpose of providing independent legal advice to Executive Command).
Recommendation 5
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: Ongoing
Victoria Police tables monthly disclosure reports at each meeting of the Implementation Taskforce. The Implementation Monitor is a member of the Implementation Taskforce.
That Victoria Police provides monthly progress reports to the Implementation Taskforce proposed in recommendation 107, regarding its progress in fulfilling its ongoing disclosure obligations to potentially affected persons identified by the Commission.
These reports should also be made available to the Implementation Monitor proposed in recommendation 108.
Recommendation 7
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 28 February 2021 (Delivered)
That Victoria Police, within three months and consistent with its Capability Plan 2016–2025, establishes clear processes for the review and amendment of human source management policies and procedures, including processes for:
- seeking and incorporating operational input from police officers involved in human source management
- disseminating and communicating policy and procedural changes so that all relevant officers receive timely and accurate advice about impending change
- reviewing and evaluating policies and procedures on an annual basis to ensure its human source management practices are responsive to emerging risks, changes to the operating environment and changes to any relevant legislation; and are consistent with Victoria Police’s human rights obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic).
Recommendation 19
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its decision-making model and associated requirements in the Human Source Policy, on an interim basis until the legislation proposed in recommendation 8 comes into force. The Human Source Policy should:
- provide that the Assistant Commissioner, Intelligence and Covert Support Command, is responsible for decisions to register Category 1–3 human sources and to disseminate confidential or privileged information obtained from any human source
- provide that the Central Source Registrar is responsible for the registration of human sources other than Category 1–3 human sources
- require the Assistant Commissioner to consider formal legal advice in deciding whether to authorise the registration of a Category 1 human source or to disseminate confidential or privileged information, and to consider other specialist advice as required in deciding whether to register a Category 2 or 3 human source
- replace the requirement for officers to seek approval from the Human Source Ethics Committee to ‘approach’ a prospective Category 1–3 human source with a requirement for the handling team to consult with the Human Source Management Unit before approaching such a prospective source
- remove Category 4 human sources as a separate category under the Human Source Policy.
Recommendation 20
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months:
- implements changes to its Human Source Policy to include a statement of the organisation’s objectives and guiding principles for the registration, use and management of human sources, including but not limited to principles of integrity, necessity and proportionality, accountability, effectiveness, consistency, and safety and sensitivity
- obtains operational input to inform the development of these objectives, principles and associated guidance.
Recommendation 21
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy to provide practical examples of the ways in which human source management can engage and limit the human rights set out in the Charter of Human Rights and Responsibilities Act 2006 (Vic), and guidance for police officers in considering whether the use of a human source is necessary and proportionate.
Recommendation 22
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy to provide practical guidance to assist police officers to identify potentially confidential or privileged information. This guidance should include advice and examples relating to:
- the types of occupations and professional relationships that attract legal obligations of confidentiality or privilege
- the exceptions to legal obligations of confidentiality or privilege and when these may apply
- the implications of using confidential or privileged information, including the potentially adverse consequences for any resulting investigations, prosecutions or convictions
- when and how to seek further advice, including from the Human Source Management Unit.
Victoria Police should seek legal advice from its Legal Services Department or the Victorian Government Solicitor’s Office in developing this guidance.
Recommendation 23
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy to provide clear requirements and instructions to police officers on the use and handling of confidential and privileged information, including in relation to the quarantine, retention, dissemination and destruction of such information.
Recommendation 24
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy to require that:
- when dealing with human sources involving legal obligations of confidentiality or privilege, the Acknowledgement of Responsibilities must clearly set out any limitations on the information a human source can provide
- police officers must not actively, without appropriate authority, seek information from a human source that would cause the human source to breach a legal obligation of confidentiality or privilege.
Recommendation 25
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy to provide clear instructions and practical guidance on the circumstances in which it may be appropriate to dispense with the requirement for a sterile corridor and the measures that officers should adopt to manage the associated risks.
Recommendation 26
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2022 (On track with issues)
Initial project concept planning has commenced. Funding implications being worked through.
That Victoria Police, within two years, establishes an organisational model for the registration, use and management of human sources that provides for:
- the management of all human sources by dedicated source teams
- centralised internal oversight of the management of human sources by the Human Source Management Unit, the Central Source Registrar and the Assistant Commissioner, Intelligence and Covert Support Command.
Recommendation 27
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2022 (On track with issues)
Initial project concept planning has commenced. Interdependencies with recommendation 26.
That Victoria Police, within two years, removes the roles of Officer in Charge and Local Source Registrar from its decision-making process and organisational model for the registration, use and management of human sources.
Recommendation 28
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2022 (On track with issues)
Initial project concept planning has commenced. Interdependencies with recommendation 26.
That Victoria Police, within two years, introduces requirements limiting the maximum time that police officers can hold positions within dedicated source teams and the Human Source Management Unit to five years.
Recommendation 29
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2022 (On track with issues)
Initial project concept planning has commenced. Interdependencies with recommendation 26.
That Victoria Police, within two years:
- develops a prevention and detection strategy to mitigate the risk of misconduct and corruption that may arise from the implementation of a centralised and dedicated human source management model, taking into account the Commission’s findings and those of previous inquiries
- ensures that this strategy is regularly reviewed and refined as part of Victoria Police’s strategic management of this high-risk area of policing.
Recommendation 30
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months and as part of its current work to improve its human source risk assessments, develops guidance on how to assess:
- the source and nature of information reasonably expected to be provided by a human source, to identify whether that information could be confidential or privileged
- the risks that the use of a human source could pose to the proper administration of justice
- the engagement of any human rights set out in the Charter of Human Rights and Responsibilities Act 2006 (Vic), including how any limitation is reasonable, necessary and proportionate in the circumstances.
Recommendation 31
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within three years, engages an independent expert to evaluate and report on the effectiveness of its new human source management risk assessment tools, to determine whether they support effective identification and management of risks.
Recommendation 32
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy to provide clear instructions and practical guidance about who is responsible for supervision of the handling team, why effective supervision is necessary and how it should be applied in practice.
Recommendation 33
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, develops guidance in its human source management training to assist police officers to identify confidential and privileged information, focusing on the origin of information and circumstances in which such information could be provided to police, including:
- how to identify potential legal obligations of confidentiality or privilege through the risk assessment process
- how to manage any professional conflicts of interest that may arise for a human source with legal obligations of confidentiality or privilege.
Victoria Police should seek legal advice from its Legal Services Department or the Victorian Government Solicitor’s Office in developing this training material.
Recommendation 34
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, develops guidance in its human source management training on:
- the human rights set out in the Charter of Human Rights and Responsibilities Act 2006 (Vic) that are generally engaged by the management of human sources, including the right to life, the right to privacy and the right to a fair hearing
- how to assess whether the use of a human source unreasonably limits the human rights of the source or other people.
Victoria Police should seek input from the Victorian Equal Opportunity and Human Rights Commission in developing and delivering this training.
Recommendation 35
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, develops and implements training for controllers, the Human Source Management Unit, the Central Source Registrar and the Assistant Commissioner, Intelligence and Covert Support Command, focused on effective risk management, supervision, oversight and decision making in respect of the use of human sources.
This training should include guidance on identifying confidential and privileged information, and the circumstances in which such information could be provided to police.
Recommendation 36
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, requires all handlers and controllers to successfully complete intermediate human source management training at a minimum.
Recommendation 37
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, introduces requirements for mandatory annual human source management training for all police officers with human source management responsibilities and timely training associated with any significant policy or legislative changes.
Recommendation 38
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, enhances Interpose or develops some other system for recording details of the origin of information provided by human sources and how it was obtained.
Recommendation 39
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, reviews the broader functionality of Interpose to ensure that it will support the effective implementation of the Commission’s recommendations.
Recommendation 40
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy and associated processes to:
- provide for six-monthly compliance audits of human source files at all risk levels by the Compliance and Risk Management Unit within the Intelligence and Covert Support Command
- clearly set out the compliance monitoring functions of both the Compliance and Risk Management Unit and the Human Source Management Unit.
Recommendation 41
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, implements changes to its Human Source Policy and associated processes to require that:
- the results of human source management audits be reported to the Assistant Commissioner, Intelligence and Covert Support Command
- any system-wide risks or major failings that are identified through human source management audits be reported to the Victoria Police Audit and Risk Committee.
Recommendation 42
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 28 February 2021 (Delivered)
That Victoria Police, within three months, establishes a strategic governance committee to:
- contribute to the development, and oversee Victoria Police’s implementation of, the human source management reforms recommended by the Commission
- identify, address and monitor emerging risks, issues and opportunities in Victoria Police’s human source management program and provide strategic advice to the Assistant Commissioner, Intelligence and Covert Support Command and Deputy Commissioner, Specialist Operations
- be responsible for strategic planning for Victoria Police’s human source management program.
Recommendation 57
- Responsible agency: Victoria Police
- Theme: Human source management
- Timeframe: 28 February 2021 (Delivered)
That Victoria Police, within three months, implements changes to its Human Source Policy to require that all human sources are informed upon registration that they are able to make complaints to the Independent Broad-based
Anti-corruption Commission, which may be confidential if they wish.
Recommendation 59
- Responsible agency: Public Interest Monitor/Independent Broad-based Anti-corruption Commission
- Theme: Oversight
- Timeframe: 30 November 2022
That PIM and IBAC, within two years and prior to the commencement of the proposed new legislation for external oversight of Victoria Police’s registration, use and management of human sources, implement appropriate security protocols and infrastructure to securely receive, share, store and dispose of sensitive human source information.
Recommendation 64
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, amends its internal policies and procedures to align with the legislative changes proposed in recommendations 62 and 63. These amendments should include guidance for the responsible Victoria Police officer on disclosure obligations and how to describe withheld materials in the proposed disclosure certificate.
Victoria Police should consult with the Victorian Director of Public Prosecutions in developing these amendments.
Recommendation 65
- Responsible agency: Victorian Director of Public Prosecutions
- Theme: Disclosure
- Timeframe: 30 November 2021
That the Victorian DPP, within 12 months, amends the Policy of the Director of Public Prosecutions for Victoria to align it with the legislative changes proposed in recommendations 62 and 63.
Recommendation 68
- Responsible agency: Victorian Director of Public Prosecutions/Victoria Police/Victorian Government Solicitor’s Office
- Theme: Disclosure
- Timeframe: 30 November 2021
That the Victorian DPP, Victoria Police, the VGSO and any other relevant stakeholders work together to establish clear protocols and procedures, within 12 months, to facilitate effective engagement with, and resolution of, complex issues arising from disclosure obligations and public interest immunity claims.
These protocols and procedures should:
- ensure Victoria Police has adequate and early support, including legal advice, when making complex decisions about relevant and disclosable information that may be subject to public interest immunity
- tailor the level of support provided to Victoria Police, to enable greater support in cases involving complex public interest immunity and disclosure issues
- ensure the Director’s independence is maintained and potential conflicts of interest are avoided.
Recommendation 69
- Responsible agency: Victorian Director of Public Prosecutions
- Theme: Disclosure
- Timeframe: 30 November 2021
That the Victorian DPP, within 12 months, amends the Policy of the Director of Public Prosecutions for Victoria to provide appropriate guidance on when and how the Director can be consulted by Victoria Police in relation to complex issues arising from disclosure obligations and public interest immunity claims. These amendments should reflect the protocols and procedures proposed in recommendation 68.
Recommendation 70
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, amends its internal policies and procedures to provide appropriate guidance on when and how Victoria Police can consult the Victorian Director of Public Prosecutions in relation to complex issues arising from disclosure obligations and public interest immunity claims. These amendments should reflect the protocols and procedures proposed in recommendation 68 and the need for police officers to obtain early legal advice when potentially complex disclosure and public interest immunity issues arise; and provide a clear framework for seeking that advice.
Recommendation 71
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 31 May 2021 (Delivered)
That Victoria Police, within six months, implements the measures it has proposed to improve training and support for police officers regarding their disclosure obligations, across all levels of the organisation.
Recommendation 72
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: First review within two years of implementation of recommendation 71 and additional review within five years of first review
That Victoria Police commissions two independent reviews of the measures implemented in recommendation 71, to ensure that they adequately reflect any applicable changes to law and policy and are effective in improving police officers’ understanding of their disclosure obligations. The reviews should be undertaken as follows:
- an initial independent external review within two years of implementation
- an additional independent external review within five years of the initial review.
Recommendation 73
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: First review within two years of implementation of recommendation 71 and additional review within five years of first review (On track with issues)
Initial project scoping has commenced. Funding implications being worked through.
That Victoria Police commissions two independent reviews of the implementation of its dedicated disclosure officer initiative, to ensure that it is effective in improving disclosure processes and practices. The reviews should be undertaken as follows:
- an initial independent external review within two years of implementation
- an additional independent external review within five years of the initial review.
Recommendation 74
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 31 May 2021 (Delivered)
That Victoria Police, within six months, reviews the information management systems it relies on to fulfill its disclosure obligations, to assess with specificity:
- the extent to which the implementation of recent system reforms will enable Victoria Police to fulfil its disclosure obligations adequately
- remaining system gaps and issues
- system functionality needed to address any identified gaps and issues
- investment requirements to develop and implement any additional system functionality needed.
Recommendation 75
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 28 February 2021 (Delivered)
That Victoria Police, within three months, establishes a disclosure governance committee that has responsibility for identifying and monitoring systemic disclosure issues and overseeing the development and implementation of reforms to improve disclosure processes and practices.
The committee’s membership should consist of stakeholders with expertise in policing, disclosure, public interest immunity and the conduct of criminal prosecutions, including the Victorian Office of Public Prosecutions, the Victorian Government Solicitor’s Office, the Department of Justice and Community Safety, Victoria Legal Aid and any other relevant legal profession representatives.
Recommendation 76
- Responsible agency: Victorian Legal Services Board and CommissionerVLSBC/Law Institute of Victoria/Victorian Bar
- Theme: Legal Profession Regulation
- Timeframe: 31 May 2021 (Delayed)
The Implementation Monitor noted in his report to the Attorney-General that planning and preparation of a communications plan for delivery of the communications campaign has commenced.
That the VLSBC, the LIV and the Victorian Bar work with community legal services and Victoria Legal Aid to, within six months, prepare and distribute communications aimed at restoring and promoting public and client confidence in the legal profession.
These communications should:
- educate clients and the public on lawyers’ ethical duties and obligations, particularly in relation to confidentiality, conflicts of interest and legal professional privilege
- inform clients and the public about where they can seek help or advice regarding concerns they may have about their lawyer.
Recommendation 78
- Responsible agency: Legal Services Council/Law Council of Australia/Australian Bar Association
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (Delayed)
The Law Council of Australia and Australian Bar Association have indicated more time is required due to the administrative process required to amend rules.
That the Legal Services Council, Law Council of Australia and Australian Bar Association work together to, within 12 months, clarify and harmonise the duty of confidentiality and its exceptions, as contained in the Solicitors’ Conduct Rules and the Barristers’ Conduct Rules.
Recommendation 79
- Responsible agency: Law Council of Australia
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (Delayed)
The Law Council of Australia is in the process of updating the commentary to be released with new rules.
That the Law Council of Australia, within 12 months, updates the commentary to the Solicitors’ Conduct Rules in relation to the duty of confidentiality and its exceptions, to include guidance on:
- the factors to be considered when assessing whether a disclosure of confidential information is justified
- where and how a solicitor can obtain advice on ethics when considering making a disclosure
- steps to be taken to document the actions taken by a solicitor regarding the information received and the disclosure made
- any further actions that a solicitor should take when considering making a disclosure.
Recommendation 80
- Responsible agency: Victorian Bar
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (Delivered)
That the Victorian Bar, within 12 months, prepares guidance in relation to the duty of confidentiality and its exceptions, including:
- the factors to be considered when assessing whether a disclosure of confidential information is justified
- where and how a barrister can obtain advice on ethics when considering making a disclosure
- steps to be taken to document the actions taken by a barrister regarding the information received and the disclosure made
- any further actions that a barrister should take when considering making a disclosure.
Recommendation 81
- Responsible agency: Victorian Bar
- Theme: Legal Profession Regulation
- Timeframe: 31 May 2021 (Delivered)
That the Victorian Bar, within six months, develops ethics guidance on specific conflict of interest issues and scenarios that can arise for criminal defence barristers.
The Victorian Bar should prepare this guidance in consultation with the Criminal Bar Association, Victoria Legal Aid and other relevant stakeholders.
Recommendation 82
- Responsible agency: Law Council of Australia
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (Delayed)
That the Law Council of Australia, within 12 months, includes specific guidance on maintaining appropriate professional boundaries in the commentary to the Solicitors’ Conduct Rules.
Recommendation 83
- Responsible agency: Victorian Bar
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (Delivered)
That the Victorian Bar, within 12 months, develops specific guidance for barristers on maintaining appropriate professional boundaries.
Recommendation 84
- Responsible agency: Victorian Legal Services Board and Commissioner
- Theme: Legal Profession Regulation
- Timeframe: 30 May 2021 (Delivered)
That the VLSBC, within six months, issues clear guidance about how legal ethics education should be embedded in the four compulsory fields of continuing professional development, including through the use of practical, scenario-based learning.
Recommendation 85
- Responsible agency: Legal Services Council/Law Council of Australia/Australian Bar Association
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (On track with issues)
Some stakeholders have indicated they do not support this recommendation and therefore the second aspect of this recommendation directed to the Government is likely to be triggered.
That the Legal Services Council, Law Council of Australia and Australian Bar Association work together to, within 12 months, harmonise the powers held by local regulatory authorities through the Solicitors’ Continuing Professional Development Rules, so that policies and requirements for continuing professional development can be made for solicitors as they can already for barristers.
If this change has not been made within 12 months, the Victorian Government should, within a further 12 months, provide the Victorian Legal Services Board and Commissioner with the power to regulate solicitors’ continuing professional development, as it is currently able to do in respect of barristers.
Recommendation 87
- Responsible agency: Victorian Legal Services Board and Commissioner/Victorian Bar/Law Institute of Victoria
- Theme: Legal Profession Regulation
- Timeframe: Prior to implementation of recommendation 86 (On track with issues)
Implementation of this recommendation is contingent on development of the reporting requirement scheme (recommendation 86).
That the VLSBC, the Victorian Bar and the LIV, in consultation with other relevant stakeholders and prior to the commencement of the mandatory reporting obligation proposed in recommendation 86, prepare harmonised guidance and continuing professional development activities for the legal profession to accompany and support the introduction of a mandatory reporting requirement.
Recommendation 88
- Responsible agency: Victorian Legal Services Commissioner
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021 (Delivered)
On 30 June 2021, the Victorian Legal Services Commissioner signed an Instrument of Revocation revoking her delegation to the Victorian Bar to conduct investigations of barrister complaints.
That the VLSBC, within 12 months, revokes the Instrument of Delegation conferred on the Victorian Bar for receiving and handling complaints regarding barristers and resumes that function.
Recommendation 89
- Responsible agency: Victorian Bar/Law Institute of Victoria
- Theme: Legal Profession Regulation
- Timeframe: 31 May 2021 (Delivered)
That the Victorian Bar and the LIV, within six months, assess the awareness level, use and views of the ethical, health and wellbeing support services and resources offered to their members.
If the awareness levels and usage are found to be low, the Victorian Bar and the Law Institute of Victoria should review the quality of the services and resources and improve marketing and communications to ensure members are aware of the useful supports available.
The Victorian Bar and the Law Institute of Victoria should regularly review the effectiveness of these services and resources (at least every two years) and update them as required to meet the needs of members.
Recommendation 90
- Responsible agency: Victoria Police
- Theme: Legal Profession Regulation
- Timeframe: 30 November 2021
That Victoria Police, within 12 months, amends the Victoria Police Manual and relevant training materials to comprehensively set out obligations under section 464C of the Crimes Act 1958 (Vic) and the Charter of Human Rights and Responsibilities Act 2006 (Vic) related to the right of a person in police custody to communicate with a lawyer.
Victoria Police should undertake this work in consultation with relevant stakeholders including Victoria Legal Aid, the Department of Justice and Community Safety, Law Institute of Victoria, Victorian Bar, Federation of Community Legal Centres and Victorian Aboriginal Legal Service.
Recommendation 100
- Responsible agency: Victoria Police
- Theme: Special Investigator
- Timeframe: Following completion of investigations by the Special Investigator
That the Chief Commissioner of Victoria Police ensures that a suitably qualified, independent authorised person, who is not a police officer, determines any disciplinary charges laid by the Special Investigator.
Recommendation 101
- Responsible agency: Victoria Police
- Theme: Special Investigator
- Timeframe: Following completion of investigations by the Special Investigator
The Special Investigator Bill provides the legislative basis for this recommendation by requiring the Chief Commissioner to report on the outcome of proceedings.
That the Chief Commissioner of Victoria Police reports to the Special Investigator and Implementation Monitor proposed in recommendation 108 on the outcome of any disciplinary proceedings arising from the Special Investigator’s investigation of current Victoria Police officers.
Recommendation 105
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 28 February 2021
The Implementation Monitor noted in his report to the Attorney-General that at the time of the report 114 out of 124 people had been provided with Counsel Assisting’s submissions, with 10 either deceased, offshore, or unable to be located. Where the submissions have not been delivered, the Implementation Monitor is satisfied that attempts to serve these persons will continue to be made.
That Victoria Police and the Victorian Director of Public Prosecutions, within three months, in accordance with their ongoing disclosure obligations, apply the Commissioner’s determinations in relation to the public interest immunity claims (or as otherwise determined by a court) over the complete and unredacted submissions of Counsel Assisting, and, where relevant, facilitate disclosure of these revised versions of the submissions to potentially affected persons.
Recommendation 106
- Responsible agency: Victoria Police
- Theme: Disclosure
- Timeframe: 31 May 2021
The Implementation Monitor noted in his report to the Attorney-General that at the time of the report, 806 letters had been sent to the 887 people the Commission identified as potentially affected by the use of Nicola Gobbo as a human source, with the remaining either deceased or offshore. Facilitation of ongoing disclosure is subject to consideration of complex issues, including in relation to suppression orders in place.
That Victoria Police and prosecuting agencies, within six months, make all reasonable attempts to advise the 887 people whose cases may have been affected in the manner identified in R v Szabo that their cases may have been affected by Ms Nicola Gobbo’s conduct as a human source, and facilitate ongoing disclosure of relevant information to those persons.
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