Victoria Minister Responsible for the establishment of an anti-corruption commission Andrew McIntosh

Government Commences New Oversight Regime For Integrity Bodies

Victor P Taffa

Legislation providing important safeguards in the application processes for covert and coercive warrants has been introduced into Parliament, Minister responsible for the establishment of an anti-corruption commission Andrew McIntosh said today.

The Public Interest Monitor Bill 2011 provides for Public Interest Monitors to act in the public interest in applications for covert and special investigative warrants, in particular relating to telecommunication intercepts and surveillance devices.

“The Public Interest Monitor will provide increased accountability and oversight for integrity and law enforcement bodies and must give an Annual Report which will be tabled in both Houses of Parliament.” Mr. McIntosh said.

Covert investigations tools, such as surveillance device orders, telecommunications interception, covert search, preventative detention, prohibited contact and coercive power orders are the most intrusive covert powers held by integrity and law enforcement bodies in Victoria today.

“Strong accountability measures should exist for the use of such significant powers.” Mr. McIntosh said.

“It is critical that the Victorian community has full confidence that applications for telecommunication intercepts and surveillance devices warrants are subject to optimal safeguards and oversight.”

Mr. McIntosh said a recent report from the Victorian Ombudsman highlighted the lack of oversight into the use of telecommunication interception powers and recommended the introduction of measures to ensure there was merits-based assessment of telecommunication intercepts in Victoria.

In the report the Ombudsman states:

“There appears to be a considerable gap in oversight arrangements in relation to the use of telecommunication interception powers in Victoria.” (paragraph 35)

“This gap in accountability with regard to telecommunication interceptions has been recognised in some other States.” (paragraph 39)

“The measures taken or being considered in New South Wales and Queensland are measures that may be of assistance in ensuring that there is an effective merits based assessment of telecommunication interceptions in Victoria. In this regard, I recommend that consideration be given to developing appropriate measures to allow the merit of telecommunication interceptions to be assessed and monitored in Victoria.” (paragraph 44)

“The Government has taken swift action to ensure that applications for the use of such powers are tested in the public interest, through the introduction of the Public Interest Monitor Bill.” Mr. McIntosh said.

The Bill provides for Public Interest Monitors to have a role prior to, and at hearings of, applications for these powers. At the application hearing, a Public Interest Monitor will represent the public interest by testing the content and sufficiency of material relied upon in the application and the circumstances of the application.

“Public Interest Monitors will represent the public interest in applications for surveillance device warrants, telecommunication intercept warrants, covert search warrants, preventative detention orders and prohibited control orders.” Mr. McIntosh said.

“The Public Interest Monitor will assist judges, magistrates or Administrative Appeals Tribunal members by appearing at the hearings of applications for these powers.”

“At a hearing, the Public Interest Monitor will be able to ask questions of the applicant and cross-examine witnesses.”

“The Public Interest Monitor will make submissions to the court on the merits of the warrant application, and any terms and conditions that ought to be imposed.” Mr. McIntosh said.

The Bill will apply to Victoria Police, the Office of Police Integrity (OPI), the Chief Examiner, the Department of Sustainability and Environment, the Department of Primary Industries and other agencies with powers to seek such warrants and orders. The Bill will also apply to the Independent Broad-based Anti-corruption Commission, once established.

In 2009-10, Victoria Police and the Office of Police Integrity made 424 applications for telephone intercept warrants. None of these applications was rejected. Similarly, 141 applications for surveillance device warrants were made, with only two rejected.

There will be one Principal Public Interest Monitor supported by Deputy Public Interest Monitors. The Principal and Deputy Public Interest Monitors must be Australian lawyers.

“Strong accountability measures should exist for the use of significant powers. It is critical that the Victorian community has full confidence that applications for covert investigation and coercive powers are subject to optimal safeguards and oversight.” Mr. McIntosh said.

“Increasing accountability of law enforcement agencies through independent oversight strengthens the fabric of our democratic society and the rule of law and this is why we are establishing the Public Interest Monitor.” Mr. McIntosh said.

The Public Interest Monitor will function independently and will not be subject to direction by government or any law enforcement agency.