A report by the Commonwealth Ombudsman on the use of surveillance devices by the Australian Criminal Intelligence Commission (ACIC) and Australian Federal Police (AFP) in the execution of their duties has found the Agencies retrieved devices without authority and extended warrants in manners “not being sought or authorised” by the Act.
In his report to the Minister for Home Affairs, Ombudsman Michael Manthorpe said that under the Surveillance Devices Act 2004, specified law enforcement Agencies could covertly use surveillance devices when investigating certain offences.
Mr Manthorpe said his Office provided independent oversight by periodically inspecting the records of Agencies that have exercised Commonwealth surveillance device powers.
“The most significant issues we identified during this inspection period were Agencies retrieving surveillance devices without clear and proper authority [and] Agencies seeking or authorising extensions to warrants not being sought or authorised in a manner compliant with the Act,” Mr Manthorpe said.
“We also identified a number of reporting errors and records management issues,” he said.
“Both Agencies were responsive to our findings and actively disclosed instances of non-compliance to us, either when they arose or at the time of our inspection.”
Mr Manthorpe made one recommendation to the ACIC regarding the authorised destruction of records and reports.
He made four recommendations to the AFP regarding appropriate detail in action sheets; quality assurance mechanisms to ensure affidavits included all information required; the amendment of 49 reports to the Minister for Home Affairs; and that the AFP seek legal advice regarding the validity of a warrant and evidence it obtained.
The Ombudsman said inspections of the Australian Commission for Law Enforcement Integrity (ACLEI) and the Western Australia Police Force were planned during the inspection period, but were delayed due to the COVID-19 pandemic.
The Ombudsman’s 22-page report can be accessed at this PS News link.
