Appendix C – Implementation Monitor’s assessment of status of recommendations

The Commission’s final report included 111 recommendations. The following table sets out the full list of recommendations that have been assessed by the Implementation Monitor as delivered or not yet delivered within the Commission’s indicative implementation timeframes through to 30 May 2022.

Recommendations with a 3-month timeframe

Recommendation/s	Implementation Monitor’s assessment of acquittal as of 30 June 2022	Commentary from the Implementation Monitor
2	Delivered	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	Not yet delivered	Victoria Police conducted a review of their organisational and executive structure; however consistent with commentary from the Implementation Monitor’s first report, full implementation is contingent on development of human source management legislation.
6	Delivered	Senior counsel has been appointed to conduct the required review of 11 human source files and has since undertaken the review.
7	Delivered	Victoria Police has implemented processes for development and review of human source policies.
42	Delivered	Victoria Police has established the required strategic governance committee.
57	Delivered	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	Delivered	Victoria Police has established the required disclosure governance committee.
105	Delivered	Substantial progress and efforts have been made to ensure disclosure was made. Additionally, there are now processes in place to effect disclosure if potentially affected persons come to the attention of Victoria Police.
107	Delivered	Government has established the Implementation Taskforce to coordinate implementation of recommendations.
108	Delivered	Sir David Carruthers has been appointed as Implementation Monitor.

Recommendations with a 6-month timeframe

Recommendation/s	Implementation Monitor’s assessment of acquittal as of 30 June 2022	Commentary from the Implementation Monitor
67	Delivered	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	Delivered	Victoria Police has delivered practical guidance and training materials relating to disclosure obligations, and has reported increased awareness.
74	Delivered	Victoria Police has commissioned an external review of relevant IT systems and a report was delivered in May 2021.
76	Not yet delivered	Work continues with development of a campaign, noting further unavoidable delays to delivery.
77	Delivered	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	Delivered	The Victorian Bar has developed and delivered CPD material on ethical issues for criminal defence barristers.
84	Delivered	The VLSB+C has developed and published guidance on enhancing legal ethics education in CPD and will continue to evaluate effectiveness and make updates as necessary.
89	Delivered	The Victorian Bar and LIV have both undertaken a survey of their memberships on awareness levels, use and views of the ethical, health and wellbeing support services. Implementation of recommendations made in light of survey results is underway.
106	Delivered	All reasonable attempts at notification to the potentially affected persons had been completed.

Recommendations with a 12-month timeframe

Recommendation/s	Implementation Monitor’s assessment of acquittal as of 30 June 2022	Commentary from the Implementation Monitor
1	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
3	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
19	Delivered	Victoria Police updated its internal human source management policy.
20	Delivered	Victoria Police updated its internal human source management policy.
21	Delivered	Victoria Police updated its internal human source management policy.
22	Delivered	Victoria Police updated its internal human source management policy.
23	Delivered	Victoria Police updated its internal human source management policy.
24	Delivered	Victoria Police updated its internal human source management policy.
25	Delivered	Victoria Police updated its internal human source management policy.
30	Delivered	Victoria Police developed further guidance and training requirements relevant to human source management risk assessments.
32	Delivered	Victoria Police updated its internal human source management policy.
33	Delivered	Victoria Police developed further guidance and training requirements relevant to human source management risk assessments.
34	Delivered	Victoria Police developed further guidance and training requirements relevant to human source management risk assessments.
35	Delivered	Victoria Police developed further guidance and training requirements relevant to human source management risk assessments.
36	Delivered	Victoria Police developed further guidance and training requirements relevant to human source management risk assessments.
37	Delivered	Victoria Police updated its internal human source management policy.
38	Delivered	Victoria Police undertook a review of the broader functionality of Interpose. Additional data capture fields were included, including enhancing Interpose to record the origin of information provided by human sources.
39	Delivered	Victoria Police undertook a review of the broader functionality of Interpose. Additional data capture fields were included, including enhancing Interpose to record the origin of information provided by human sources.
40	Delivered	Victoria Police updated its internal human source management policy.
41	Delivered	Victoria Police updated its internal human source management policy.
62	Delivered	Amendments to the Criminal Procedure Act 2009 commenced on 16 February 2022. The Disclosure Certificates Regulations were made on 26 July 2022 and commenced on 1 October 2022.
63	Delivered	Amendments to the Criminal Procedure Act 2009 commenced on 16 February 2022. The Disclosure Certificates Regulations were made on 26 July 2022 and commenced on 1 October 2022.
64	Delivered	Victoria Police delivered the Chief Commissioner’s Instruction, a summary disclosure practice guide and an indictable disclosure practice guide.
65	Delivered	The OPP did an extensive review of the existing Policy of the DPP for Victoria and noted that it aligned with the proposed legislative reforms and that no amendment of the policy was required.
66	Delivered	Amendments to the Criminal Procedure Act 2009 commenced on 16 February 2022. The Disclosure Certificates Regulations were made on 26 July 2022 and commenced on 1 October 2022.
68	Delivered	On 24 January 2022, the OPP, Victoria Police and the VGSO, published a protocol to facilitate effective engagement with, and resolution of, complex issues arising from disclosure obligations and PII claims.
69	Delivered	On 24 January 2022, the OPP, Victoria Police and the VGSO, published a protocol to facilitate effective engagement with, and resolution of, complex issues arising from disclosure obligations and PII claims.
70	Delivered	Victoria Police delivered the Chief Commissioner’s Instruction, a summary disclosure practice guide and an indictable disclosure practice guide.
78	Not yet delivered	Progress is delayed, however work is underway to deliver guidance to Victorian legal practitioners through local Victorian bodies.
79	Not yet delivered	Progress is delayed, however work is underway to deliver guidance to Victorian legal practitioners through local Victorian bodies.
80	Delivered	The Victorian Bar developed advice and delivered online sessions to members, which were posted on the Bar’s CPD catalogue on their website.
82	Not yet delivered	Progress is delayed, however work is underway to deliver guidance to Victorian legal practitioners through local Victorian bodies.
83	Delivered	The Victorian Bar developed advice and delivered online sessions to members, which were posted on the Bar’s CPD catalogue on their website.
85	Additional 12-month timeframe triggered	As agreement at the national level was not able to be reached the second limb of the recommendation with an additional 12-month timeframe was triggered. The government undertook consultation with the other Uniform Law jurisdictions and the complex work continues to amend the Uniform Law.
86	Additional 12-month timeframe triggered	Consultation has occurred with Uniform Law jurisdictions to consider options for uniform implementation. Delivery of Recommendation 87 is dependent on the delivery of Recommendation 86.
87	Additional 12-month timeframe triggered	The additional 12-month timeframe was triggered. Consultation has occurred with Uniform Law jurisdictions to consider options for uniform implementation. Delivery of Recommendation 87 is dependent on the delivery of Recommendation 86.
88	Delivered	On 30 June 2021, VLSB+C revoked the Instrument of Delegation conferred on the Victorian Bar for receiving and handling complaints regarding barristers and resumes that function.
90	Delivered	Victoria Police undertook consultation with stakeholders to enhance policy and training material to comprehensively set out the process for facilitating a person exercising their right to obtain legal advice while in police custody.
92	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
93	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
94	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
95	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
96	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
97	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
98	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
99	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.
103	Delivered	The Special Investigator Act received Royal Assent in December 2021 and the Special Investigator was formally appointed to the statutory office.

Recommendations with an 18-month timeframe

Recommendation/s	Implementation Monitor’s assessment of acquittal as of 30 June 2022	Commentary from the Implementation Monitor
91	Not yet delivered	Government has consulted broadly on the proposed approach to implementing this recommendation.

Recommendations with no timeframe specified

Recommendation/s	Implementation Monitor’s assessment of acquittal as of 30 June 2022	Commentary from the Implementation Monitor
109	Delivered	The Police Informants Royal Commission Implementation Monitor Act received Royal Assent in September 2021, and a secretariat has been established.

Updated 20 December 2022