Justice Legislation Amendment (Police and Other Matters) Bill 2023
By John Berger
08 February 2024
Today I rise to speak on the Justice Legislation Amendment (Police and Other Matters) Bill 2023. This bill seeks to update and improve disciplinary standards and procedures for Victoria’s brave police men and women. The bill also increases Victoria Police’s capacity to regulate firearms and make administrative enhancements and improves the operation of the Countering Violent Extremism Multi-agency Panel, or CVEMAP. It will also expand the circumstances where Victoria Police officers are authorised to use vehicle-immobilising devices. The bill addresses many aspects of police discipline but mainly engages with enforcement of the Victoria Police code of conduct. It does this by amending the Victoria Police Act 2013, the Firearms Act 1996, the Fire Rescue Victoria Act 1958, the Terrorism (Community Protection) Act 2003, the Road Safety Act 1986, the Victorian Civil and Administrative Tribunal Act 1998 and the Worker Screening Act 2020.
Before I begin my contribution on the substance of this bill and what amendments it will make, I want to say this: our men and women in blue are incredible. It is important to commend the vital and difficult job that Victoria Police officers and public safety officers do every single day across Victoria. Victoria Police, through its over 20,000 employees, delivers policing services to over 6 million Victorians, with about 14,000 interactions with the public daily. From officers in Southern Metro to those working in single-officer stations in all corners of Victoria they are essential to the preservation of safety in our community, often putting themselves at risk to do so. I have had the privilege of meeting many police officers across Southern Metro and in my community. I am truly lucky to have such fine people protecting them and their safety.
Our police do a very difficult job, but it is essential that Victoria Police have a comprehensive discipline system to maintain the highest standards of integrity. To this effect the Allan Labor government has found it preferable to enhance and affirm the importance of the Victoria Police code of conduct. The bill will amend the police act to enshrine several disciplinary mechanisms, including the capacity of the Chief Commissioner of Police to issue a binding code of conduct for Victoria Police and subsequently establish noncompliance with that code of conduct to be a breach of discipline. This will ensure that our police force is held to a standard of behaviour and conduct that should be expected of our state’s protective services.
To ensure equity and fairness in the prosecution of discipline inquiries, the bill makes alterations to the procedure surrounding medically justified adjournments. In discipline inquiries police officers or PSOs under investigation may request an adjournment on the basis of medical grounds. The officer or PSO requesting the adjournment will of course be required to provide a medical certificate. This is because the officers conducting discipline inquiries are not medically trained and therefore they would be sometimes unable to determine if an adjournment is genuinely required. Currently adjournments can result in delays of more than a year. This is unacceptable in any case, including cases where an officer is suspended with pay. Because of the potential for these delays, it is imperative that cases only be adjourned out of necessity. To address the impact that medically justified adjournments can have on delays to discipline inquiries, this bill will enable officers and PSOs subject to discipline inquiries to produce an independent medical assessment on their capacity to participate in the discipline inquiry.
The police act currently requires that a police officer or PSO who violates the code of conduct or commits a criminal offence be placed on a good behaviour bond. This bill seeks to improve the functioning of good behaviour bonds in the Victoria Police disciplinary system by including a list of conditions that can be imposed as well. The bill includes mechanisms for testing for drugs and alcohol in cases where the conduct that constituted the breach of discipline resulted in a positive test result for drugs or alcohol; the completion of a training, education or professional development program; the completion of a health and wellbeing program; or the undertaking of an action designed to address harm caused by the breach of discipline. The list is not exhaustive and is to be used at the discretion of the chief commissioner. It is also expected that the conditions imposed would align with the nature of the breach of conduct or criminal offence. That is to ensure that the response to the police misconduct is effectively addressed on a case-by-case basis. To this effect, the condition attached alongside a good behaviour bond must be reasonably linked to the conduct of the officer subject to the disciplinary action. Additionally, Victoria Police is expected to take all actions reasonable and necessary to ensure that this occurs. For most bonds and conditions a time limit will be set to a period of 12 months, except for drugs and alcohol testing, which may last for a period of two years. The bill also outlines the actions to be taken in circumstances where the officer or PSO subject to disciplinary action breaches their bond or condition.
This bill will also implement reforms to introduce a more stringent disciplinary code for our police force. It is not unreasonable to expect that our police force is held to a high standard, a standard that I know Victorian police officers will exceed and meet every day. The Victorian police force is dedicated to preserving public safety, and these amendments are being introduced for that exact purpose – for the benefit of the public and for the benefit of the 99 per cent of the Victorian police force that put the uniform on every day to do the right thing. These amendments will ensure that those who fail to recognise the gravity of their appointment are held to the appropriate account.
At this stage, the statute of limitations has played a role in limiting the opportunity for appropriate prosecution of the crime of wrongful or inappropriately accessing, using or disclosing police information. It is important to remember when discussing topics like this that it is in no way reflective of the nature of the police force. Victoria Police is an organisation comprised of brave and selfless individuals who sacrifice their time and safety to protect the community – brave officers like Sergeant Gary Silk and Senior Constable Rodney Miller, heroes in Southern Metro. Silk and Miller were tragically murdered on the job just over 25 years ago and are remembered in a memorial plaque outside Prahran police station just metres from my office. May they rest in peace.
Another amendment within this bill seeks to empower the anti-terrorism and anti-extremism mechanisms within the state. We are lucky in Victoria to have very robust protections against violent extremism, from the federal counterterrorism agencies to our very own Victoria Police and Department of Justice and Community Safety. Victorians can rest easy knowing that every measure is being taken to prevent unnecessary violence. One aspect of the system is deradicalisation programs. Early intervention against radicalisation functions on the basis of acquiring time-critical and sensitive information. The amendments this bill will make to the Terrorism (Community Protection) Act 2003 seek to remove barriers to information sharing in relation to cases of individuals who prove a low to medium risk of engaging in terrorism or violent extremism.
This bill also amends several other laws and acts outside the expressed intentions to improve Victoria Police’s code of conduct and disciplinary mechanisms. This bill will amend the Firearms Act 1996 to allow a licensed firearms dealer to receive a firearm from an unlicensed person who does not satisfy the valid exemption. This is in accordance with the national firearms amnesty. Victoria’s firearm controls are world leading. This government is eager to introduce any measure that will help facilitate the procedure of the ongoing national firearms amnesty. Licensed firearm dealers are contributing greatly to the amnesty. This aspect of the bill seeks to clarify the scope of what their role in the amnesty in Victoria is. This should help to improve the ability of each individual licensed firearms dealer to assist in a smooth and successful amnesty to improve community protections and VicPol’s ability to enforce community safety.
This bill makes amendments to powers relating to vehicle-immobilisation devices, or VIDs. At this stage Victoria Police are only permitted to use VIDs as a tool to prevent a driver from escaping custody or arrest and other limited circumstances in which it is necessary to stop a motor vehicle moving. The bill extends the right and capacity of Victoria’s police to deploy the use of VIDs if they reasonably suspect that a person is intending to drive or actively drive a vehicle in such a manner that is likely to cause harm, or more harm, to themselves or any other person, including a police officer. In doing so, police officers will be required to take the necessary steps to inform the individual operating the target vehicle of their intention to deploy the VID. This standard of expected communication effort is also extended to the deployment of the VID and subsequent removal of the VID. Exceptions are held if it is impractical or impossible for the officer or officers involved to do so safely. Both the requirement of suspicion on reasonable grounds and this information are present within the design features of this expanded access to VID. It is important to strike a balance between the right of every Victorian under the Charter of Human Rights and Responsibilities to freedom of movement, which may in some respects be limited, and the life-saving road safety impacts that the expanded use of vehicle-immobilisation devices will garner. This will ultimately have major benefits and outcomes for the community. If operated incorrectly or recklessly, motor vehicles of any size can be dangerous to individuals, something I have learned all too well from my time as a branch secretary of the mighty Transport Workers’ Union of Victoria. To that effect, it is incredibly important that the police force, which exists to protect the safety of every single Victorian, is given the tools and mandate to do so.
Additionally, the Worker Screening Act and the Child Employment Act 2003 are to be amended to extend the exemption many Victorian police employees are subject to in relation to working with children checks. Currently police custody officers, also known as PCOs, are not exempt from being required to obtain a working with children check, despite being held to the same security vetting requirements as police officers and protective services officers.
This bill will also make amendments to the Fire Rescue Victoria Act, particularly in relation to the transition of staff from the Country Fire Authority to Fire Rescue Victoria. This is in relation to the 2019 reforms of the fire services. The FRV act gives the minister the ability to direct an allocation statement for the rights, liabilities and obligations to be transferred from the CFA to Fire Rescue Victoria. Transferred staff are divided into two categories: those belonging to a specific station and those not. The FRV act currently does not allow for the minister to allocate rights, liabilities and obligations for FRV staff not assigned to a particular station. The bill seeks to ensure that the minister’s abilities are consistent for all employees of Fire Rescue Victoria.
The final amendments made in this bill are to the VCAT act. The bill’s amendments to the VCAT act are minor technical changes that offer clarification of the potentially ambiguous description of the operation of section 77. This is following a recent amendment that extended to the limitation period of federal matters being seen before VCAT. This bill provides clarification that for a matter referred to in the court by way of section 77(3) the court has the power to extend limitation periods, including those not joined to any VCAT hearing before the matter referred. This is due to some confusion in relation to the courts’ power over third parties.
Before wrapping up this speech I would like to say a few things about Victoria Police. We are truly lucky in this state to be protected by some of the hardest working men and women in this state. I have been lucky enough to meet many of the officers across my electorate of Southern Metro, and every time I have been in awe of the commitment that they have to our community. I have met with police officers at stations like Prahran station, right near my office, and over at Boroondara and Camberwell police stations. Thank you to my friend Minister Carbines for coming along with me to chat with frontline workers giving it their all every day to protect our great state and my community.
The Allan Labor government recognises the hard and essential work that our police officers do every day for civilians like us. Rather than gutting and destroying the police force like the opposition’s predecessors did under Jeff Kennett with the sell-off of Victoria’s public services, the Allan Labor government believes in empowering police to do the best that they can do. The Allan Labor government invests in Victoria Police so we can make their job easier. We do not cut funding to make an already dangerous and difficult job harder. It is important to acknowledge that police do more than protect and defend our community. They are also an important outreach into the community. From neighbourhood and safety programs to early intervention programs against youth crime, Victoria Police know that a modern, holistic approach to policing will always result in a safer community.
I would also like to commend police officers across Victoria for their tireless work and invaluable contribution to our greater community. I would also like to thank the police commissioner for the cooperation he has offered in the construction of this bill. I remember from my time at the Transport Workers’ Union that Victoria Police were very helpful and respectful. In short, I am sure that everyone will join with me in commending this bill.