As part of our compliance role, we ensure particular integrity, accountability and investigatory bodies comply with record keeping obligations.
Our compliance officers physically inspect and assess records and documents held under the following legislation:
- Crimes (Controlled Operations) Act 2004
- Fisheries Act 1995
- Public Interest Monitor Act 2011
- Surveillance Devices Act 1999
- Telecommunications (Interception) (State Provisions) Act 1988
- Wildlife Act 1975
We also conduct 2 regular inspections at bodies that are authorised to apply for and execute Surveillance Device and Telecommunication Intercept warrants, and conduct controlled operations. We perform an independent oversight function for the primary purpose of ensuring certain records are kept and reporting obligations have been met. We do not examine the merits of decisions to use intrusive powers, and we do not have the power to deal with complaints about the use of these powers.
The inspections are conducted at the:
- Department of Energy, Environment and Climate Action
- Independent Broad-based Anti-corruption Commission
- Game Management Authority
- Victorian Fisheries Authority
- Victoria Police
- Environment Protection Authority.
We complete reports on the outcomes of the inspections. Once complete, they’re tabled in parliament for:
- Surveillance Devices (bi-annual)
- Controlled Operations (annual)
Inspection outcomes in relation to Telecommunication Intercepts are reported annually. These reports are not tabled in parliament but are instead sent directly to the agencies' Chief Officers and Ministers.
In addition to inspecting these bodies, our compliance officers are required under the Victorian Inspectorate Act 2011 to conduct an annual inspection of the records held by the Public Interest Monitor (PIM). The PIM protects the public interest by testing the content and sufficiency of information in applications by law enforcement and integrity bodies, for the use of telephone intercepts and other covert and coercive powers.
The 2 broad areas of responsibility in regard to the PIM involve:
- inspection of relevant records
- reporting to the Minister on the results of inspections
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