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Terms of reference 1 and 2

In June 2020 Counsel Assisting the Commission made written submissions relevant to terms of reference 1 and 2, including the details of 124 specific cases that may have been affected by Victoria Police’s use of Ms Nicola Gobbo as a human source.

The Commission provided parties with standing leave and potentially affected people with copies/relevant extracts of Counsel Assisting submissions to afford procedural fairness and give them the opportunity to make responsive submissions.

After publishing Counsel Assisting’s submissions and the first tranche of responsive submissions received, the Commission invited additional submissions from:

  • members of the public who thought they may be adversely affected by Counsel Assisting and the first tranche of responsive submissions
  • those who had already addressed Counsel Assisting submissions and wanted to also respond to submissions made by others.

This additional information received from potentially affected people and organisations was published along with Counsel Assisting’s reply submissions in September/October 2020.

In total, the Commission received 45 submissions in response to Counsel Assisting submissions. Two submissions were treated as confidential and not published.

Counsel Assisting submissions and the forty-three (43) responsive submissions are published below.

Redactions and/or pseudonyms have been applied:

  • where court orders require it or a non publication order has been made by the Commissioner
  • where a PII claim was made in respect of that individual
  • where the Commission has determined it is appropriate based on requests for reputational, legislative, privacy or safety reasons.

Counsel Assisting submissions

Tranche 1: Responsive submissions

Tranche 2: Responsive submissions

Counsel Assisting reply submissions

Terms of reference 3 to 6

In September 2020, to afford procedural fairness, the Commission provided Victoria Police and The Police Association with relevant extracts of the Commission’s draft final report relevant to terms of reference 3 to 6 and invited them to respond.

The Commission also provided the Director of Public Prosecutions and the Office of Public Prosecutions with relevant extracts of the Commission’s draft final report inviting submissions.

Redactions and/or pseudonyms have been applied:

  • where court orders require it or a non publication order has been made by the Commissioner
  • where a PII claim was made in respect of that individual
  • where the Commission has determined it is appropriate based on requests for reputational, legislative, privacy or safety reasons.

Reviewed 04 December 2020