Assessment of need to change Act re listening devices

19/10/93

Attorney General Cheryl Edwardes will investigate the need for changes to Western Australia's legislation relating to the use of listening devices.

Mrs Edwardes said the recent incident involving the Member for Wanneroo, Wayde Smith, had highlighted apparent deficiencies in the Listening Devices Act.

"The present Act enables police officers acting in the performance of their duty to use a listening device when authorised in writing by the Commissioner of Police, the Senior Assistant Commissioner or a police officer above the rank of inspector," Mrs Edwardes said.

"There are no statutory criteria as to when or under what circumstances such authorisation should be given."

The Attorney General said that while police use of listening devices and other equipment was extremely important in the prevention of crime, it was essential that proper safeguards were in place.

"In regard to the use of listening devices by police, it may be appropriate to have some other authority - such as a Supreme Court judge - to provide authorisation," she said.

"This is the situation under Commonwealth legislation."

Mrs Edwardes said an extensive review of the Act would not be required as a committee established in 1988, involving representatives of the Crown Solicitor's Office and the police, had already carried out the task and provided recommendations for a new piece of legislation to be titled the 'Surveillance Devices Act'.

"I will re-consider those recommendations in light of the most recent incident and other new developments, such as the Telecommunications (Interception) Amendment Bill 1993 which is currently before the Commonwealth Parliament, with a view to implementing changes," she said.

Media contact: Casey Cahill 222 9595 or 421 7777