Package of Surveillance, Identity Matching and Police Powers Bills Introduced Into NSW Parliament
Tuesday 23 October 2018 @ 2.03 p.m. | Crime | Legal Research
The Surveillance Devices Amendment (Statutory Review) Bill 2018 (NSW) (‘the Surveillance Bill’) was introduced to the New South Wales Legislative Assembly on 17 October 2018. The Surveillance Bill was introduced cognate with the Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 (NSW) (‘the Transport Bill’) and the Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 (NSW) (‘the Terrorism Bill’).
The Surveillance Bill
Attorney General Mark Speakman introduced and summarised the background of the Surveillance Bill in his second reading speech:
“The Surveillance Devices Amendment (Statutory Review) Bill 2018 implements legislative recommendations arising from the Acting Ombudsman's Operation Prospect report with respect to the use of surveillance devices by officers of the NSW Police Force, the New South Wales Crime Commission, and the former NSW Police Integrity Commission, between 1999 and 2002. It also implements recommendations arising from the statutory review of the Surveillance Devices Act 2007. … the amendments set out in the Surveillance Devices Amendment (Statutory Review) Bill 2018 will enhance the safeguards and scrutiny around the use of surveillance devices in New South Wales. … This [B]ill will promote transparency, compliance, efficiency and consistency in applications for surveillance device warrants, while also addressing the Ombudsman's recommendations.”
In summary, the Bill sets out to:
- Appoint a Surveillance Devices Commissioner who will
- Review applications for warrants and assist in remedying deficiencies in these applications prior to lodgement to the relevant judge or magistrate, and
- Receive reports on the use of a surveillance device warrant, if a report is required to be submitted to a judge or magistrate under section 44 of the Surveillance Devices Act 2007 (NSW)
- Permit an optical surveillance device to be used without a warrant, where its use is part of a controlled operation
- Clarify the information required for:
- A warrant
- The application for a warrant
- The Attorney General in regards to an application for a warrant
- Amend the procedure in regards to:
- Warrants that are set to expire within five days – these will no longer require an application for revocation
- Applications for a warrant – information known by the applicant that would be adverse to the application must be disclosed
- Applications for a surveillance device warrant – persons who may be incidentally recorded on the device must be identified
- Applications for an authority to conduct controlled operations – details of proposed uses of listening or optical surveillance devices without a warrant must be disclosed
- Establish annual reports to the Department of Justice in regards to application for warrants
Cognate Bills
The Transport Bill addresses the legislative amendments required in order to establish and participate in the National Facial Biometric Matching Capability (‘the Capability’), agreed to in an Intergovernmental Agreement at the Special Meeting of the Council of Australian Governments in October 2017. The Capability aims to deter crime, prevent identity theft and provide an investigative tool to law enforcement agencies to assist them in identification of offenders. Under the Intergovernmental Agreement, facial images and associated personal information will be contributed by authorised Commonwealth, State and Territory government agencies into the Capability, which will then be accessible to other authorised government agencies for verification and investigation in law enforcement, national security and community safety matters. Attorney General Mark Speakman summarised in his second reading speech:
“The [B]ill will amend the Road Transport Act 2013 to allow Roads and Maritime Services to contribute New South Wales driver licence facial images and associated personal information for searching within the Capability. The Road Transport Act 2013 provides strict conditions around how facial images and associated personal information are collected, stored, used and disclosed, to ensure the privacy of New South Wales drivers is protected. Provisions in the Road Transport Act 2013 were, however, introduced before work had been undertaken to establish the capability, which will itself be instrumental to the prompt and accurate verification of individuals' identities, and to protecting their privacy and identities from being compromised.”
The Terrorism Bill, the last bill cognate to the Surveillance Bill, is a response to the statutory review of the Terrorism (Police Powers) Act 2002 (NSW), which concluded that whilst this Act remained valid and relevant, amendments were required in order to maintain effective operation. Attorney General Mark Speakman outlines in his second reading speech:
“The key amendments in the Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 will implement the statutory review's recommendations through reforms that better align the powers that police can exercise under the Act with the police powers under the Law Enforcement (Powers and Responsibilities) Act 2002, ensure internal consistency across the Terrorism (Police Powers) Act 2002, add additional safeguards, particularly in relation to detention of minors and vulnerable people, facilitate review and oversight of the scheme governing the use of police powers, and extend the powers under part 2A of the Act relating to preventative detention orders, for another three years."
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.
Sources:
The Road Transport Amendment (National Facial Biometric Matching Capability) Bill 2018 (NSW), second reading speech and supporting materials available from Timebase's LawOne service.
The Surveillance Devices Amendment (Statutory Review) Bill 2018 (NSW), second reading speech and supporting materials available from Timebase's LawOne service.
The Terrorism (Police Powers) Amendment (Statutory Review) Bill 2018 (NSW), second reading speech and supporting materials available from Timebase's LawOne service.
