Sir David Carruthers, the Implementation Monitor of the Police Informants Royal Commission, has requested the Criminal Bar’s participation in a process about to commence to review the implementation of recommendations relating to disclosure by the Royal Commission into the Management of Police Informants. The review will use a case study approach that focuses on the mechanisms that support enduring change. 

In particular, assistance is sought to measure changes in disclosure practice. Of particular interest to the Implementation Monitor are changes associated with: 

·      Recommendations 62, 63 and 66 – including implementation of disclosure certificates and procedural improvements undertaken to improve Victoria Police’s ability to comply with disclosure obligations. 

·      Recommendation 67 – Court process to make non-disclosure orders and to conduct public interest immunity claims proceedings. 

Noting disclosure certificates only commenced in October 2022, the Implementation Monitor would be interested to understand if anyone has yet encountered a significant process where they were required. It is not the purpose of the consultation to discuss the material subject to disclosure, but instead interactions with the prosecution on how they discharged their disclosure obligation. 

Discussion topics will be provided beforehand and consultation discussions will not exceed 45 minutes. 

The preferred consultation period is up until 6 April 2023. 

Could any member wishing to participate in the consultation discussions please contact me by email (smallwood@vicbar.com.au) as soon as possible so that a time can be arranged. 

The case study discussion paper – “Creating enduring change: Disclosure practices in the criminal justice system” – is attached. 

The recommendations made by the Royal Commission are available here (link: https://www.rcmpi.vic.gov.au/summary/recommendations).