Role of the Special Investigations Monitor
The role of the Special Investigations Monitor (SIM) includes monitoring compliance with both the Police Integrity Act 2008 and the Major Crime (Investigative Powers) Act 2004 by the Director, Police Integrity and the Office of the Chief Examiner respectively.
The SIM also assesses the questions asked of people who have attended the Director, Police Integrity in an investigation, or an examination before the Chief Examiner and has the power to investigate certain complaints made by these people.
Monitoring compliance
The SIM monitors compliance with the provisions of both the:
- Police Integrity Act 2008 by the Director, Police Integrity (DPI) and members of staff of the Office of Police Integrity and other persons engaged by the DPI
- Major Crime (Investigative Powers) Act 2004 by the Chief Examiner, Examiners, the Chief Commissioner and other members of the police force.
Assessment of questioning
The SIM assesses the:
- relevance and appropriateness of the questioning of persons attending the DPI in the course of an investigation and of any requirement made to produce documents or other thing in accordance with the provisions of the Police Integrity Act 2008
- relevance of:
(i) any questions asked by the Chief Examiner or an Examiner during an examination
(ii) any requirement made by the Chief Examiner or an Examiner for a person to produce a document or other thing to the investigation of an organised crime offence, in relation to which a coercive powers order was made in accordance with the provisions of the Major Crime (Investigative Powers) Act 2004).
Reporting
The SIM also has responsibility for formulating recommendations and making reports as a result of monitoring compliance with both the Police Integrity Act 2008 and the Major Crime (Investigative Powers) Act 2004.
Oversight
In addition, the SIM has a monitoring role over agencies which:
- use surveillance devices in accordance with the Surveillance Devices Act 1999
- intercept telecommunications in accordance with the Telecommunications (Interception) (State Provisions) Act 1988
- engage in authorised operations in accordance with the Crimes (Controlled Operations) Act 2004.
Under the Surveillance Devices Act 1999, the SIM must inspect the records of authorised law enforcement agencies using surveillance devices to determine the extent of compliance with the Act and to report the results to Parliament and to the Minister.
Under the Telecommunications (Interception) (State Provisions) Act 1988, the SIM must inspect the records of Victoria Police and the Office of Police Integrity to ascertain the extent of compliance with the Act and to report the results to the Minister.
Under the Crimes (Controlled Operations) Act 2004, the SIM must inspect the records of Victoria Police, the Office of Police Integrity and other authorised agencies to determine the extent of compliance with the Act and to report to the Minister and to Parliament accordingly.