The Office of the Commonwealth Ombudsman today released its latest six-monthly report on law enforcement compliance with the requirements for the use of surveillance devices.

The report tabled in Parliament today by the Attorney-General, the Hon Robert McClelland MP covers the Ombudsman’s inspections of the Australian Federal Police, the Australian Crime Commission and the Ethical Standards Department of the Victoria Police in the first half of this year. It looks at the agencies’ compliance with requirements for the use of surveillance devices under the Surveillance Devices Act 2004.

The inspections outlined in the report found all three agencies were compliant with the Act. They also found that the agencies exhibit both a strong culture of compliance and a high standard of record-keeping. Those issues that were identified were relatively minor and generally able to be remedied through training and improved record-keeping processes.

Commonwealth Ombudsman, Allan Asher is pleased with the result.

“Law enforcement agencies are given considerable covert information gathering powers under the legislation,” Mr Asher said.

“The existing compliance rate is very encouraging. It is also reassuring to note that the agencies have committed to review and amend procedures to address the issues raised to improve compliance in the future.”

The main issue faced by all three agencies is the need to maintain records to consistently establish a connection between a person named in a warrant and the premises where a device is installed. The agencies have made a commitment to address this through improving record-keeping practices.

The report makes no formal recommendations to the agencies concerned.

The previous inspection report, tabled on 23 May 2011, made two recommendations in relation to the processes of the Australian Federal Police, both of which the agency has acted on. One related to record-keeping, the other called on the agency to ensure that officers follow the process set out in the Act for the extension of a surveillance device warrant, rather than applying for a new one. To address this, the Australian Federal Police has introduced an ongoing education process to notify investigators of the requirements regarding extensions of surveillance device warrants.

The latest report is entitled Report to the Attorney-General on the results of inspections of records under s 55 of the Surveillance Devices Act 2004—September 2011.

Media contact: Shaun Rohrlach, Director of Public Affairs 0408 861 803 or 02 6276 3710

Date of release: 13 October 2011

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      13 Oct 2011: Covert policing practices continue to improve

      The Office of the Commonwealth Ombudsman today released its latest six-monthly report on law enforcement compliance with the requirements for the use of surveillance devices.

      The report tabled in Parliament today by the Attorney-General, the Hon Robert McClelland MP covers the Ombudsman’s inspections of the Australian Federal Police, the Australian Crime Commission and the Ethical Standards Department of the Victoria Police in the first half of this year. It looks at the agencies’ compliance with requirements for the use of surveillance devices under the Surveillance Devices Act 2004.

      The inspections outlined in the report found all three agencies were compliant with the Act. They also found that the agencies exhibit both a strong culture of compliance and a high standard of record-keeping. Those issues that were identified were relatively minor and generally able to be remedied through training and improved record-keeping processes.

      Commonwealth Ombudsman, Allan Asher is pleased with the result.

      “Law enforcement agencies are given considerable covert information gathering powers under the legislation,” Mr Asher said.

      “The existing compliance rate is very encouraging. It is also reassuring to note that the agencies have committed to review and amend procedures to address the issues raised to improve compliance in the future.”

      The main issue faced by all three agencies is the need to maintain records to consistently establish a connection between a person named in a warrant and the premises where a device is installed. The agencies have made a commitment to address this through improving record-keeping practices.

      The report makes no formal recommendations to the agencies concerned.

      The previous inspection report, tabled on 23 May 2011, made two recommendations in relation to the processes of the Australian Federal Police, both of which the agency has acted on. One related to record-keeping, the other called on the agency to ensure that officers follow the process set out in the Act for the extension of a surveillance device warrant, rather than applying for a new one. To address this, the Australian Federal Police has introduced an ongoing education process to notify investigators of the requirements regarding extensions of surveillance device warrants.

      The latest report is entitled Report to the Attorney-General on the results of inspections of records under s 55 of the Surveillance Devices Act 2004—September 2011.

      Media contact: Shaun Rohrlach, Director of Public Affairs 0408 861 803 or 02 6276 3710

      Date of release: 13 October 2011