The recommendations made by the Royal Commission into the Management of Police Informants range from appointing a special investigator to updating the rules on confidentiality for lawyers.
The commission's final report says the conduct of Victoria Police and former criminal defence lawyer and informer Nicole Gobbo has had "far-reaching and detrimental consequences", and its recommendations are aimed at restoring confidence in the legal system and ensuring a similar scandal cannot happen again.
Attorney-General Jill Hennessy has promised the Victorian Government will implement all 111 recommendations in full.
Here are some of them.
Appoint a special investigator to determine whether laws were broken
Commissioner Margaret McMurdo has called on the Victorian Government to appoint a special investigator to determine whether there is enough evidence to lay charges against Nicola Gobbo or any of the police officers involved in her use as an informer.
She says the special investigator should be given broad powers to direct police officers to provide information and the investigator should have access to all of the royal commission's documents
If there is enough evidence against the police officers and Ms Gobbo, the report says the special investigator should prepare a brief of evidence for the Director of Public Prosecutions.
The special investigator should also have the power to lay disciplinary charges against officers found to have breached the Victoria Police Act, the commission says.
Remove Nicola Gobbo from the Victorian bar roll
Ms McMurdo has recommended the Victorian Bar Council consider removing Ms Gobbo from the bar roll.
Ms Gobbo cannot practise law anymore but she remains on the Victorian bar roll's list of "retired" barristers.
"The commission is concerned that this has the potential to undermine public confidence in the Victorian bar," the report says.
"In light of Ms Gobbo's conduct, the commission recommends that the Victorian bar seeks to address this issue, given the symbolic significance of her remaining on the bar roll."
Implement new safeguards for using sources
Ms McMurdo has recommended a series of safeguards in the form of new laws be implemented to set boundaries around how police can use and manage their sources.
The aim, the commissioner says, is to make sure sources are used in an "ethical and justifiable manner".
Under the proposed new safeguards:
- Legal advice must be sought before a source is registered
- There must be "exceptional and compelling" reasons to register a source, for example, a threat to national security or a threat to human life or welfare
- A source must be authorised by the chief commissioner or a delegate
- The use of a source must be "proportionate"
The report also recommends making it an offence for officers to disclose information relating to a source without authorisation.
The commissioner recommends the Victorian Government implement the new laws within two years.
Review 11 other source files
Ms McMurdo has called on the Victorian Government to appoint a "suitably qualified, independent person" to review 11 source files that have not been examined by the royal commission.
The report says Victoria Police did not give the royal commission access to 11 human source files "relating to people with potential legal obligations of confidentiality or privilege" because they are sensitive and subject to a public interest immunity claim.
"As these 11 human source files have not been independently reviewed, the commission recommends that the Victorian Government appoints a suitably qualified person to review them as a priority," the report says.
Ms McMurdo recommends the State Government appoint this person within three months and give them "full and unfettered" access to the 11 files.
Make changes to the legal profession
Ms McMurdo has recommended it be mandatory for lawyers to report the suspected misconduct of other lawyers.
The royal commission has also called on the Victorian Bar to develop guidelines for barristers on maintaining "appropriate professional boundaries", and to develop ethics guidance for criminal defence barristers.
She has also recommended that the rules for barristers and solicitors be updated to provide more information on the rules surrounding confidentiality.
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2020-11-30 06:06:00Z
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