Today, the Attorney-General tabled the Commonwealth Ombudsman’s report on oversight of agencies’ use of surveillance device powers under the Surveillance Devices Act 2004(Cth) (the SD Act) from 1 January to 30 June 2022. The SD Act:

This report summarises inspections conducted from 1 January to 30 June 2022 at 5 agencies – the Australian Commission for Law Enforcement Integrity (ACLEI), Australian Criminal Intelligence Commission (ACIC), Australian Federal Police (AFP), New South Wales Police (NSW Police) and Victoria Police.

“My Office found instances where ACLEI, AFP, NSW Police and Victoria Police did not comply with the Act’s requirements to destroy records obtained from the use of surveillance devices”, said Mr Anderson. “All agencies accepted our findings and committed to taking action to address them.”

The Ombudsman made no significant new compliance findings during the inspections of the ACIC.

“It is encouraging to see agencies respond positively to my Office’s suggestions for improvement”, said Mr Anderson. “Agencies’ willingness to aim for best practice indicates a strong intention to comply with legislative safeguards and to meet the expectations of Parliament and the public.”

The report also includes a ‘health check’ of the AFP and ACIC’s frameworks to use data disruption warrant powers introduced into the SD Act by the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021.

“The Australian Federal Police and Australian Criminal Intelligence Commission can seek data disruption warrants to frustrate the commission of serious offences online, through altering, adding, copying or deleting data”, said Mr Anderson. “My Office identified improvements the AFP and ACIC could make, to ensure their policies and procedures provide a solid foundation for compliance with the requirements of the Surveillance Devices Act 2004.”

“My Office looks forward to future inspections and broader engagement with the AFP and ACIC as they use the new data disruption powers.”

The report can be found on the Commonwealth Ombudsman website.

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      17 November 2022 - Publication of Ombudsman Surveillance Devices Report – 1 January to 30 June 2022

      Today, the Attorney-General tabled the Commonwealth Ombudsman’s report on oversight of agencies’ use of surveillance device powers under the Surveillance Devices Act 2004(Cth) (the SD Act) from 1 January to 30 June 2022. The SD Act:

      • Provides for law enforcement and integrity agencies to obtain warrants and authorisations to use surveillance devices.
      • Restricts the use, communication and publication of information obtained through using surveillance devices.
      • Imposes requirements for the secure storage and destruction of records relating to the use of surveillance devices.

      This report summarises inspections conducted from 1 January to 30 June 2022 at 5 agencies – the Australian Commission for Law Enforcement Integrity (ACLEI), Australian Criminal Intelligence Commission (ACIC), Australian Federal Police (AFP), New South Wales Police (NSW Police) and Victoria Police.

      “My Office found instances where ACLEI, AFP, NSW Police and Victoria Police did not comply with the Act’s requirements to destroy records obtained from the use of surveillance devices”, said Mr Anderson. “All agencies accepted our findings and committed to taking action to address them.”

      The Ombudsman made no significant new compliance findings during the inspections of the ACIC.

      “It is encouraging to see agencies respond positively to my Office’s suggestions for improvement”, said Mr Anderson. “Agencies’ willingness to aim for best practice indicates a strong intention to comply with legislative safeguards and to meet the expectations of Parliament and the public.”

      The report also includes a ‘health check’ of the AFP and ACIC’s frameworks to use data disruption warrant powers introduced into the SD Act by the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021.

      “The Australian Federal Police and Australian Criminal Intelligence Commission can seek data disruption warrants to frustrate the commission of serious offences online, through altering, adding, copying or deleting data”, said Mr Anderson. “My Office identified improvements the AFP and ACIC could make, to ensure their policies and procedures provide a solid foundation for compliance with the requirements of the Surveillance Devices Act 2004.”

      “My Office looks forward to future inspections and broader engagement with the AFP and ACIC as they use the new data disruption powers.”

      The report can be found on the Commonwealth Ombudsman website.