The Victorian Inspectorate (VI) is required to inspect the records of Victoria Police at least every six months to determine the extent of its compliance with Parts 2, 2AA and 3A of the Terrorism (Community Protection) Act (‘the TCPA’), and to deliver inspection reports to the Victorian Parliament and the Minister (Attorney-General) as soon as practicable after 1 January and 1 July each year.
The VI determines the extent of compliance achieved by Victoria and its law enforcement officers with Parts 2, 2AA and 3A of the TCPA by assessing the records made available to us at the time of inspection.
The VI engages with the Counter-Terrorism Legal Unit (‘the CTLU’) of Victoria Police to inspect records associated with Victoria Police’s use of powers under the TCPA. While not mandated by the TCPA, during inspections the VI also reviews Victoria Police’s processes to support compliance with the requirements of the TCPA, such as through the development of procedures and training for relevant officers.
In the lead up to the inspection planned for August 2021, the CTLU confirmed to the VI that Victoria Police did not exercise its powers under the TCPA in the period between the last inspection of records, conducted on 25 February 2021, and the proposed inspection date in August 2021. Accordingly, in August 2021 the VI was unable to inspect any records in accordance with section 37B(1) of the TCPA.
At the inspection conducted in February 2021, materials related to preparatory activities such as stakeholder engagement and training were inspected in addition to operational records. In advance of the proposed inspection in August 2021, the CTLU did not bring to the attention of the VI any matters relevant to the TCPA reporting and inspection regime that would have warranted an inspection of material that is not mandated for inspection by section 37B(1) of the TCPA. Accordingly, no inspection of Victoria Police records and associated materials was conducted in August 2021.
The VI may not be required to report under section 37D of the TCPA as no inspection of Victoria Police records was conducted during the March to August period. However, without this report, Parliament and the Attorney-General would not be aware that enquiries were made by the VI with Victoria Police to establish that relevant powers were not used during the period. It also serves to remind all of the VI’s inspection criteria and methodology.
Reviewed 20 May 2022