Office of the Special Investigator

Full description

Establishment 
The Office of the Special Investigator (OSI) was an independent statutory body that was established out of the recommendations of the Royal Commission into the Management of Police Informants (VA 5254). 

The Royal Commission recommended that the Victorian Government establish a Special Investigator to investigate whether there is sufficient evidence to establish the commission of criminal offences (connected with Victoria Police's use of Ms Nicola Gobbo as a human source) by Ms Gobbo or the current and former police officers named in the Royal Commission's final report delivered in November 2020 or in the complete and unredacted submissions of Counsel Assisting the Royal Commission. The Royal Commission also recommended the Special Investigator investigate Victoria Police officers for disciplinary offences in relation to the same conduct.

As at the 1 December 2021, the Special Investigator Act 2021 established the Office of the Special Investigator and the Hon. Geoffrey Nettle AC QC was appointed by the Governor in Council as the Special Investigator.

Purpose
The OSI’s purpose was to investigate potential criminal conduct and breaches relating to the recruitment, management and use by Victoria Police of Nicola Maree Gobbo as a human source.

Where the OSI determined relevant offences may have been committed, its role extended to compiling briefs of evidence that were filed alongside recommended charges for determination by the Victorian Director of Public Prosecutions. 

As outlined in the Special Investigator Act 2021, the functions of the OSI were as follows:
a) to access, receive, assess and deal with Royal Commission records to determine whether
    i     evidence of the commission of one or more relevant offences or offences exist; 
    ii    or evidence of a breach of discipline exists.
b)    to investigate and gather further evidence to determine whether -
    i    a relevant offence or an offence may have been committed; 
    ii    to compile briefs of evidence to give to the DPP for the purposes of determining whether charges should be filed; 
    iii    to commence any criminal proceedings.
c)    to investigate, and (if appropriate) charge, any police officer with the commission of a breach of discipline by the police officer arising from, or out of, the conduct of persons involved in the use of Nicola Maree Gobbo as a human source;
d)    to access, receive, assess and deal with IBAC records provided to the Office of the Special Investigator
e)    to receive public interest disclosures and investigate public interest complaints;
f)    to provide reports to the Implementation Monitor;
g)    to cooperate, coordinate and consult with the IBAC at the request of the IBAC for the purposes of a coordinated investigation within the meaning of section 72 of the Independent Broad-based Anti-corruption Commission Act 2011 in accordance with that Act to determine whether a relevant offence or breach of discipline has been committed;
h)    to report to Parliament on any matter relating to the functions and duties of the Office of the Special Investigator.

The OSI investigated whether there was sufficient evidence to establish - 
a)    the commission of a relevant offence by Nicola Maree Gobbo; and
b)    the commission of a relevant offence by any police officers and former police officers named in the following documents -
    i    in the complete and unredacted submissions of Counsel Assisting the Royal Commission into the Management of Police Informants; 
    ii    the Royal Commission's final report
c)    the commission of a breach of discipline by any police officers named in the following documents in connection with the use of Nicola Maree Gobbo as a human source by Victoria Police -  
    i    the complete and unredacted submissions of Counsel Assisting the Royal Commission into the Management of Police Informants; 
    ii    the Royal Commission's final report.
 
Conclusion and Reporting
On the 21 June 2023, Special Investigator Geoffrey Nettle tabled a special report in Parliament. 

Following advice from the Special Investigator after none of the investigations conducted by the Office of the Special Investigator resulted in any criminal or disciplinary proceedings being commenced, the Victorian Government announced on 27 June 2023 that the Office of the Special Investigator should be decommissioned.

In November 2023, the Special Investigator Repeal Act 2023 was passed. The Act repealed the Special Investigator Act 2021 and abolished the Office of the Special Investigator. On the 19 Dec 2023, the Proclamation of Commencement was published in the Victorian Government Gazette S687 and fixed the 2 February 2024 as the day on which the Act comes into operation.