Swearing of affidavits and disclosure requirements (02/12)
6 January 2012
In InBrief (66/11) of 23 December 2011 entitled ‘Swearing of affidavits’ we reminded members of the existence of a Chief Commissioner’s Instruction (CCI) 15/11 on this subject which was published in the Victoria Police Gazette on 7 November 2011.
In the latest edition of the Gazette dated 2 January 2012, an article entitled ‘Incorrect affidavit disclosure deadline soon’ was published referring members to an updated version of the CCI, 19/11.
You will have noticed that CCI 19/11 differs in relation to members making a ‘specific disclosure’ as, in addition to providing a form ‘1407’, you are also required to prepare and submit a ‘juratted statement’.
Juratted statements are only required to be submitted in matters prosecuted by the Office of Public Prosecutions (OPP), not matters prosecuted by police prosecutors in the Magistrates Court.
The Police Association was not involved in the development of this CCI. We are seeking legal advice on the wording of a preamble to be included in any statement. We will inform you of that advice once it is received, which is expected to be Monday 9 January 2012.
However, we remind you of your obligations and encourage you to submit the 1407A disclosure forms prior to 21 January 2012, as a failure to do so may expose you to discipline action. Disclosure forms 1407, related to police prosecuted matters in the Magistrates Court, are required to be submitted until further notice.
Should you have any concerns or questions surrounding the preparation and submission of the disclosure forms, please do not hesitate to call the Association’s Legal section on (03) 9468 2600.
BRUCE MCKENZIE
Assistant Secretary



