- State Govt legislation to provide more protection to undercover operatives
- Legislation to strengthen witness identity protection
WA Police will be legally better equipped to go undercover to smash serious and organised crime rings after State Government legislation yesterday passed through State Parliament.
Police Minister Liza Harvey said the Criminal Investigation (Covert Powers) Bill was introduced as part of a national scheme and would provide police with cross-jurisdictional protections to go undercover under assumed identities.
Mrs Harvey said while WA Police would be the main users of the legislation, the law was drafted so the Department of Fisheries and the Australian Crime Commission could also utilise its provisions.
"The State's law enforcement officers need the right tools to fight serious and organised crime and the legislation provides them with those tools," she said.
The Minister said the legislation allowed for a 'controlled operation' to take place under authorised circumstances, but only for criminal offences attracting a penalty of a minimum of three years' imprisonment or for an offence prescribed in regulations.
Mrs Harvey said it also provided undercover operatives with the ability to obtain and use proper identification documents (driver's licence, passport and credit card) to enable them to maintain their assumed identity.
"Without these documents the safety of these operatives can be put in jeopardy," she said.
The legislation will enable government issuing agencies, including Medicare and the Department of Transport, and non-government issuing agencies such as banks, to lawfully create fictitious documentation to support an assumed identity."
The Minister said the legislation also involved a statutory scheme under which operatives in controlled operations, or those using an assumed identity in law enforcement operations, would be afforded the protection of a witness identity protection certificate when giving evidence in court and other proceedings.
Fact File
Legislation is part of national scheme to develop model laws that aid criminal investigation across State and Territory borders
'Controlled operation' is undercover operation that authorises an undercover law enforcement officer to engage in unlawful conduct under controlled conditions to investigate serious offences
'Assumed identity' is a false identity that protects an undercover operative engaged in investigating crimes and infiltrating organised crime groups
'Witness identity protection' provides for protection of the true identity of a covert operative and of other protected witnesses who give evidence in court and other proceedings
Minister's office - 6552 5900
