Victoria Introduces New Bill on the Use of Body-Worn Cameras by Police
Tuesday 15 August 2017 @ 10.21 a.m. | Crime | Legal Research
Earlier this month on 8 August 2017, the Victorian government introduced new legislation to allow police immunity from prosecution for inadvertent private conversations captured by body-worn cameras. The Justice Legislation Amendment (Body-worn Cameras and Other Matters) Bill 2017 (Vic) (‘the Bill’) seeks to amend the Surveillance Devices Act 1999 (Vic) and the Judicial Proceedings Reports Act 1958 (Vic).
Recommendations from Royal Commission into Family Violence
Earlier this year, the Royal Commission into Family Violence (RCFV) tabled its report, and an area of concern was the maximisation of police capacity to respond to family violence. In the tabled report, DPP John Champion SC is quoted as saying:
In the report, the Commission recommended that the Victorian Police conduct a trial in at least two divisions of body-worn cameras from family violence scenes, and this trial was recommended to be supported by any necessary legislative amendments to ensure the admissibility of evidence. Attorney General Martin Pakula said:
Amendment of the Surveillance Devices Act 1999
The Bill inserts new definitions for ‘body-worn camera’ and ‘tablet computer’ into section 391) of the amended Act. Importantly, the Bill also stipulates that a police officer or other prescribed person is not required to inform a person that they are being recorded with a body-worn camera or tablet.
Amendment of the Judicial Proceedings Reports Act 1958
The insertion of new section 4(1D) stipulates that the prohibition on disclosing information does not prevent a disclosure of information to a prescribed person or body for the purpose of enabling that person or body to exercise a statutory function. According to the second reading speech of the Bill, this amendment aims to reduce administrative delays in order to improve the capacity of the sex offenders registry to protect the community.
Future Directions
In his second reading speech, Attorney-General Pakula highlighted that the Victorian government would look to introduce more amendments to facilitate the trial of body-worn cameras in recording statements from family violence victims for use as evidence-in-chief in court proceedings. However, he noted that these would be introduced in subsequent bills, and the government will be closely working with Victoria Police, the courts, and other key stakeholders. Attorney-General Pakulasaid:
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Sources:
Justice Legislation Amendment (Body-worn Cameras and Other Matters) Bill 2017 (Vic), and other materials, as published on TimeBase LawOne.
Royal Commission into Family Violence - Report and Recommendations.
Attorney-General, ‘New Laws To Support Body-Worn Cameras For Police,’ (media release) 8 August 2017.
Christopher Talbot, ‘Police body cam laws before Vic Parliament,’ News.com.au, 8 August 2017.