27 September 2023

Ombudsman finds law records scratched

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Acting Commonwealth Ombudsman, Penny McKay has inspected several law Agencies’ compliance with record-keeping requirements, finding instances where the Australian Commission for Law Enforcement Integrity (ACLEI) failed to keep accurate records.

Ms McKay said the inspections were carried out under the Surveillance Devices Act 2004 between 1 January and 30 June this year.

“We identified three instances where the ACLEI did not keep accurate records of each use and disclosure of protected information as required by the Act,” Ms McKay said.

She said her Office had also identified action sheets in relation to four surveillance device warrants that had insufficient or vague details.

“This included vague or inconsistent details about the surveillance devices and the addresses or adjoining premises where devices were installed,” she said

“We suggested the ACLEI remind relevant officers of the importance of including appropriate detail in action sheets so that it can demonstrate all actions authorised by a warrant were consistent with the Act and ensure the reporting to the Minister is accurate.”

The ACLEI accepted this suggestion.

Ms McKay also noted that her inspection covered the records of the Australian Criminal Intelligence Commission, Victoria Police, the Australian Federal Police and the Western Australia Police Force.

“The Office planned to inspect the NSW Police Force’s records but delayed this inspection due to the impact of COVID-19 restrictions,” she said.

The Ombudsman’s 21-page Report can be accessed at this PS News link.

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