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:

“I would be very interested to see whether or not a system could be engaged where a police officer who may have a camera attached to them is able to effectively take a statement contemporaneously from the victim when he or she attends at the commission of the crime, at the home or wherever, so that if a complainant is making a complaint in only perhaps a short time after the event has happened, I think we need to think about whether or not the recording of that piece of evidence can be rendered into an admissible state.”

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:

“The Royal Commission into Family Violence recommended that there be a trial of body-worn cameras by police ... this legislation is the first step in making that a reality.”

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:

“There will be further legislation later in the year which goes to family violence in terms of being able to give direct evidence via body-worn cameras, but that is still under development."

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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.

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