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 November 2022.
Recommendations with a 3-month timeframe
| Recommendation/s | Implementation Monitor’s assessment of acquittal as of 30 June 2023 | 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 | Delivered | Victoria Police has conducted a review of their organisational and executive structure. Additional safeguards in relation to registration of high-risk human sources have been included in the Human Source Management Act, which received Royal Assent in May 2023 and will commence 30 September 2024 |
| 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 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 2023 | 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 | Delivered | The VLSB+C, in conjunction with the LIV, Victorian Bar, Victoria Legal Aid and the Federation of Community Legal Centres launched and delivered the ‘Your Right to Ask” public campaign on radio, press and digital. |
| 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 2023 | 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. |
| 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 2023 | Commentary from the Implementation Monitor |
|---|---|---|
| 91 | Not yet delivered | Rather than introducing amendments to the Inquiries Act in isolation, work is underway to develop whole-of-government administrative guidance on public interest immunity claims for inquiries and litigation more broadly. |
Recommendations with a 2-year timeframe
| Recommendation/s | Implementation Monitor’s assessment of acquittal as of 30 June 2023 | Commentary from the Implementation Monitor |
|---|---|---|
| 8 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 9 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 10 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 11 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 12 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 13 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 14 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 15 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 16 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 17 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 18 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 26 | Not yet delivered | Delivery of a centralised organisational model for the registration, use and management of human sources has been delayed due to operational and resourcing constraints. |
| 27 | Not yet delivered | Delivery of recommendation 27 is dependent on the delivery of recommendation 26. |
| 28 | Not yet delivered | Delivery of recommendation 28 is dependent on the delivery of recommendation 26. |
| 29 | Not yet delivered | Delivery of recommendation 29 is dependent on the delivery of recommendation 26. |
| 44 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 45 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 46 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 47 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 48 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 49 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 50 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 51 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 52 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 53 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 54 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 55 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 56 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 58 | Delivered | The Human Source Management Act received Royal Assent in May 2023. The Act will commence 30 September 2024. |
| 59 | Not yet delivered | Delivery of this recommendation is contingent on the development of regulations and other legislative amendments following the introduction of the Human Source Management Act, which received Royal Assent in May 2023. The regulations are expected to be completed prior to commencement of the Act on 30 September 2024. |
| 60 | Not yet delivered | Delivery of this recommendation is contingent on ongoing work on implementation and operation of the Human Source Management Act, which will commence on 30 September 2024. |
| 61 | Delivered | Government completed the systemic review of police oversight in 2022, including providing reform options to Government. Government continues to consider reform options. |
| 85 | Not yet delivered | 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. Consultation with the other Uniform Law jurisdictions to consider options for uniform implementation is ongoing. |
| 86 | Not yet delivered | As agreement at the national level was not able to be reached within 12 months, the second limb of recommendation 86 with an additional 12-month timeframe was triggered. Consultation with the other Uniform Law jurisdictions to consider options for uniform implementation is ongoing. |
| 87 | Not yet delivered | Delivery of Recommendation 87 is dependent on the delivery of Recommendation 86. |
Recommendations with a 2- and 7-year timeframe
| Recommendation/s | Implementation Monitor’s assessment of acquittal as of 30 June 2023 | Commentary from the Implementation Monitor |
|---|---|---|
| 72 | Partially delivered | Victoria Police commissioned a review into the effectiveness of the reforms to improve training and support for police officers regarding their disclosure. This delivered the first limb of the recommendation. Full delivery of this recommendation will be dependent on a further five-year review in 2028. |
| 73 | Partially delivered | Victoria Police commissioned a review into the effectiveness of dedicated disclosure officer initiative. This delivered the first limb of the recommendation. Full delivery of this recommendation will be dependent on a further five-year review in 2027. |
Updated