Victorian Numbered Acts

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VICTIMS OF CRIME COMMISSIONER ACT 2015 (NO. 56 OF 2015) - SECT 19

Commissioner may require access to records from the Chief Commissioner of Police

    (1)     The Commissioner may require the Chief Commissioner of Police to give the Commissioner free and full access at all reasonable times to any record as is necessary to enable the Commissioner to perform the Commissioner's functions.

    (2)     Subject to subsection (3), the Chief Commissioner of Police must comply with a requirement of the Commissioner under this section.

    (3)     The Chief Commissioner of Police may refuse to comply with a requirement of the Commissioner under this section if the Chief Commissioner of Police considers that giving access to a record would, or would be reasonably likely to—

        (a)     prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or

        (b)     prejudice the fair trial of a person or the impartial adjudication of a particular case; or

        (c)     disclose a record that is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or

        (d)     disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

        (e)     endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.

    (4)     Section 19 of the Victoria Police Act 2013 does not apply to a duty or discretion of the Chief Commissioner of Police under this section.

    (5)     A police officer who is a Deputy Commissioner appointed under section 21 of the Victoria Police Act 2013 may exercise a duty of the Chief Commissioner of Police under this section as if the Deputy Commissioner were the Chief Commissioner of Police.



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