The Implementation Monitor provided his first Implementation Report to the Attorney-General in September 2021. The Implementation Monitor’s Implementation Report covered the period from 1 December 2020 to 31 August 2021 and focused on the Implementation Monitor’s assessment of progress towards implementing recommendations that were given indicative implementation timeframes by the Commission of three or six months from the delivery of the Commission’s final report (i.e. by either 28 February 2021 or 31 May 2021).
The Implementation Monitor advised the Attorney-General that, on his assessment, almost all recommendations with a three- or six-month implementation timeframe had been fully acquitted. Only four such recommendations had not, in the Implementation Monitor’s view, been acquitted to their full intention.
Of these four recommendations, the Implementation Monitor noted the following:
- That, in the Implementation Monitor’s assessment, recommendation 4 requires human source management legislation to be developed to fully acquit this recommendation. The Implementation Monitor noted that the Commission’s indicative timeframes for the implementation of the recommended human source management legislation was two years from the delivery of the Commission’s final report to government (i.e. by 30 November 2022). The Implementation Monitor stated that he is satisfied that everything possible is being done to finalise acquittal of recommendation 4.
- That the communications plan and the associated funding required to implement recommendation 76 had been approved. Again, the Implementation Monitor stated that he is satisfied that everything possible is being done to finalise acquittal of this recommendation. The Implementation Monitor also advised the Attorney-General that to review the long-term implementation of this recommendation, he will seek to continually review the implementation of the communications plan and the awareness of legal obligations.
- That, in order to implement recommendation 105, 114 of the 124 persons identified by the Commission who should be given access to Counsel Assisting’s closing submissions had been provided with the submissions by Victoria Police and the Office of Public Prosecutions, with the remaining ten people either deceased, offshore, or unable to be located. The Implementation Monitor noted that he is satisfied that where submissions have not been delivered, attempts to serve these people will continue to be made where possible.
- That there has been significant work completed to date to implement recommendation 106, including a total of 806 letters being sent to the 887 potentially affected persons identified by the Commission. The Implementation Monitor noted that the remaining potentially affected persons were deceased or were unable to be located. However, the Implementation Monitor advised the Attorney-General that while disclosure of relevant information to potentially affected persons remains underway, he considers this recommendation not to be fully acquitted.
The Implementation Monitor also noted that a number of the Commission’s recommendations were not given implementation timeframes, and therefore the Implementation Monitor considers these to be ongoing. However, the Implementation Monitor stated that he considered recommendation 109 to be acquitted with the establishment of his secretariat and by the passage of the Police Informants Royal Commission Implementation Monitor Act.
The Implementation Monitor concluded his report by advising the Attorney-General that, through the governance structure established to coordinate and oversee implementation of recommendations, agencies have provided the required information and evidence to acquit the intention of most of the recommendations within the Commission’s allocated timeframes.
The Implementation Monitor noted that the foundations for change and goodwill amongst agencies is strong, and that agencies should be commended for their open and collaborative approach.
Recommendations with a 3-month implementation timeframe
| Recommendation | Implementation Monitor’s assessment of acquittal as of 31 August 2021 | Commentary from the Implementation Monitor |
|---|---|---|
| 2 | Acquitted in full | Ms Gobbo has been removed from the Supreme Court roll of practitioners. Amendments have also been made to Victorian Bar Constitution to allow for future removal of practitioners. |
| 4 | Acquitted in part | Considerable progress has been made; however, full implementation is contingent on development of human source management legislation. |
| 6 | Acquitted in full | Senior counsel has been appointed to conduct the required review of 11 human source files and has since undertaken the review. |
| 7 | Acquitted in full | Victoria Police has implemented processes for development and review of human source policies. |
| 42 | Acquitted in full | Victoria Police has established the required strategic governance committee. |
| 57 | Acquitted in full | Victoria Police has updated its human source policy to include a direction for officers to inform human sources of their right to make complaints to the Independent Broad-based Anti-corruption Commission (IBAC). |
| 75 | Acquitted in full | Victoria Police has established the required disclosure governance committee. |
| 105 | Acquitted in part | 114 out of 124 people have been provided with Counsel Assisting’s submissions, with the remaining 10 persons either deceased, offshore, or unable to be located. Where the submission packs have not been delivered, the Implementation Monitor is satisfied that attempts to serve these persons will continue to be made. |
| 107 | Acquitted in full | Government has established the Implementation Taskforce to coordinate implementation of recommendations |
| 108 | Acquitted in full | Sir David Carruthers has been appointed as Implementation Monitor. |
Recommendations with a 6-month implementation timeframe
| Recommendation | Implementation Monitor’s assessment of acquittal as of 31 August 2021 | Commentary from the Implementation Monitor |
|---|---|---|
| 67 | Acquitted in full | The Attorney-General has considered the review of the adequacy of the court’s powers with respect to making non-disclosure orders. Recommendations will be incorporated into legislative disclosure reforms to be delivered in 2021. |
| 71 | Acquitted in full | Victoria Police has delivered practical guidance and training materials relating to disclosure obligations, and has reported increased awareness. |
| 74 | Acquitted in full | Victoria Police has commissioned an external review of relevant IT systems and a report was delivered in May 2021. |
| 76 | Acquitted in part | Work has begun on the acquittal of this recommendation, with a communications plan and funding approved. |
| 77 | Acquitted in full | Government has considered a review of the Victorian Legal Admissions Board’s (VLAB) powers. The review recommended a policy response around improved understanding of VLAB’s powers and procedures in assessing applications for admission to the legal profession. |
| 81 | Acquitted in full | The Victorian Bar has developed and delivered Continuing Professional Development material on ethical issues for criminal defence barristers. |
| 84 | Acquitted in full | The Victorian Legal Services Board & Commissioner (VLSBC) has developed and published guidance on enhancing legal ethics education in Continuing Professional Development and will continue to evaluate effectiveness and make updates as necessary. |
| 89 | Acquitted in full | The Victorian Bar and Law Institute of Victoria have both undertaken a survey of their memberships on awareness levels, use and views of ethical, health and wellbeing support services. Implementation of recommendations made in light of survey results is underway. |
| 106 | Acquitted in part | 806 letters have 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. |
Recommendations with no implementation timeframe specified
| Recommendation | Implementation Monitor’s assessment of acquittal as of 31 August 2021 | Commentary from the Implementation Monitor |
|---|---|---|
| 109 | Acquitted in full | The Police Informants Royal Commission Implementation Monitor Act received Royal Assent in September 2021, and a secretariat has been established. |
Work undertaken to deliver recommendations highlighted in the Implementation Monitor’s report, as of October 2021
As noted by the Implementation Monitor, significant work has been undertaken to implement the Commission’s recommendations with three- or six-month implementation timeframes. As of 31 August 2021, the Implementation Monitor assessed only four recommendations as not having been implemented in full.
The following details the steps taken to implement these recommendations and an update as to the status of implementation.
Recommendation 4 required Victoria Police to take steps to ensure that its organisational and executive structure enables the role of Executive Director, Legal Services, to provide independent legal advice to Executive Command and to consider whether a maximum time limit should be placed on how long a person may spend in this role.
To address the requirements of this recommendation, Victoria Police commissioned independent advice from the Victorian Government Solicitor’s Office which was received in mid-February 2021. An options paper was then prepared for consideration by the Police Chief Commissioner resulting in organisational changes within Victoria Police’s executive structure to ensure the independence of the advice provided by the Executive Director, Legal Services.
Recommendation 76 requires the VLSBC, the Law Institute of Victoria and the Victorian Bar to work with stakeholders to prepare and distribute communications aimed at restoring and promoting confidence in the legal profession.
As part of the 2021/22 State Budget, funding was provided to the VLSBC to support implementation of this recommendation, and work is well progressed. A comprehensive and detailed communications strategy and project plan have been developed and governance structures established to oversee the work on the communications campaign.
Recommendation 105 required Victoria Police and the Victorian Director of Public Prosecutions (DPP) to ensure that 124 people identified by the Commission as potentially directly affected by the use of Ms Gobbo as a human source were provided with revised versions of Counsel Assisting’s submissions.
In line with the Commission’s recommendation, significant attempts to facilitate disclosure of Counsel Assisting’s submissions commenced in February 2021, and 114 out of 124 people have been provided with Counsel Assisting’s submissions, with the remaining ten people either deceased, offshore, or unable to be located. Victoria Police will continue to monitor the situation, and should the location become known of any individual who has not to date been able to be located, Victoria Police and the DPP will work together to provide that person with the submissions.
Recommendation 106 required Victoria Police and prosecuting agencies to make all reasonable attempts to advise 887 people that their cases may have been affected by Ms Gobbo’s conduct as a human source, and facilitate ongoing disclosure of relevant information to those persons.
Victoria Police, the DPP and the Commonwealth Director of Public Prosecutions worked closely together to ensure that all first attempts to notify the 887 people identified by the Commission were made within the Commission’s indicative timeframe, with active ongoing monitoring of mail received and mail returned. In total, over 800 letters have been sent, while almost 80 people were found to be deceased, with the remaining offshore or unable to be located.
Updated