New laws reforming Victoria Police's use and management of informants will not stop lawyers from covertly informing on their clients again, the legal sector says.
The state government on Tuesday reintroduced its Human Source Management Bill to parliament.
The bill puts into effect 25 recommendations from the Royal Commission into the Management of Police Informants.
The 2020 commission investigated Victoria Police's handling of former gangland lawyer-turned-police informant Nicola Gobbo and the push to turn her into a prosecution witness.
Under the new laws, police will have to apply to a senior officer to register someone as a human source or informant and they will only be approved if it is appropriate and justified.
Informants will have the reasonable expectation of confidentiality and people who disclose information revealing them without a permitted purpose face a maximum of two years in prison.
The Law Institute of Victoria and the Victorian Bar on Thursday criticised the bill, saying it will legitimise the use of lawyers as police informants.
"We are opposed to the idea that lawyers could ever be used as human sources or that they should covertly inform against their clients," the institute's president Tania Wolff said in a statement.
"To do so is contrary to a lawyer's role as an officer of the court and violates many other ethical duties that a lawyer owes to their client.
"The duty of strict confidentiality is there to protect the client. Encroaching on this undermines community trust and confidence in the administration of justice."
The state government maintains the legislation will enact the royal commission's recommendations.
"Victoria Police will have a clear framework to help them manage highly sensitive information and ensure the welfare of police informants," a government spokeswoman said in a statement.
"Key to the operation of these laws will be multiple levels of robust oversight, bolstering the public's confidence in our criminal justice system and setting out clear boundaries so lawyers can continue to undertake their important work."
The Law Institute and Victorian Bar will continue to consult with government on the proposed legislation, Ms Wolff said.
