‘Concerns’: Twist in Dan’s Lawyer X legislation bid

Victoria’s Greens have hampered the state government’s plans to alter how police can use informants after the Lawyer X royal commission.

Victoria’s Greens have hampered the state government’s plans to alter how police can use informants in complex investigations.

The new legislation would raise the threshold for the police chief commissioner to use a lawyer as an informant, Attorney-General Jaclyn Symes said.

This comes in the wake of the Lawyer X royal commission, which found the use of criminal barrister Nicola Gobbo as a police informer was a “systemic failure” caused by “critical failures of leadership”.

Greens justice spokeswoman Katherine Copsey said on Thursday the party was revoking its support for the Bill for the time being.

Attorney-General Jaclyn Symes said using lawyers as police informers was a last resort. Picture: NCA NewsWire / Nicki Connolly

“We are still working through our concerns with the government around this Bill and are not in a position to support it this afternoon,” Ms Copsey said in a statement.

“The Greens share many of the concerns raised by legal experts, including the lack of adequate protections for children who may be registered as reportable human sources.

Ms Copsey said the party was available for negotiation with the government about potential tweaks to the legislation.

“We’re also concerned about the lack of effective independent oversight or power to limit the recruitment of certain individuals being registered as reportable human sources,” she said.

“We hope to continue constructive negotiations with the government so that these reforms can be improved before they are passed.”

Ms Symes said on Wednesday that lawyers would only be used as informers when other options were exhausted.

“It is my view, as well as the royal commission’s view, that lawyers shouldn’t be used as human sources except in the most exceptional and rarest of circumstances,” she said.

Among these would be threats to national security, Ms Symes said.

However, Liberal frontbencher Michael O’Brien said the legislation still left many questions unanswered.

“The government amendments will still allow a lawyer to be used to inform on their own client,” he said.

“Lawyer X can and will happen all over again if Labor’s amendments are accepted by the upper house.

“We don’t want to see Lawyer X happen ever again. That was the clear message from the High Court and Victoria’s Court of Appeal.”

The Bill acts on 25 recommendations from the Royal Commission into the Management of Police Informants.