Bill dealing with use of surveillance devices

21/10/97

Surveillance devices are an important investigative tool that the Western Australian Police Service and other law enforcement agencies require in the fight against organised and serious crime, according to Police Minister John Day.

Introducing the Surveillance Devices Bill into Parliament today, Mr Day said the proposed legislation was the result of an extensive review of the Listening Devices Act 1978 which was outdated and had not kept pace with new technology.

The Minister said the new legislation would replace the Listening Devices Act and provide for the use of optical surveillance devices such as video cameras and tracking devices.

The proposed legislation now provided access for the National Crime Authority, the WA Police Service and the reconstituted Anti-Corruption Commission to use surveillance devices to fight crime.

Mr Day said strict guidelines on an individual's rights to privacy had also been introduced through the Bill with tough new penalties for the unlawful use, installation and maintenance of surveillance devices.

"The basic form of the Bill prohibits covert and intrusive surveillance of private activities and private conversations by anyone except those sanctioned by a judicial authority," he said.

"A court may only issue a warrant for the use of a surveillance or listening device if there are reasonable grounds for believing that an offence could or had taken place and that the device would assist the investigation.

"To further guard the privacy of individuals, the Bill ensures that applications for warrants are not heard in an open court and that all records produced for the application cannot be disclosed."

Mr Day said the State Government was committed to better law enforcement in WA and the Surveillance Devices Bill would provide relevant authorities with an essential crime-fighting weapon to counter serious criminal acts, such as murder, kidnapping and drug trafficking.

The Bill made it clear that private activities and conversations were generally defined as taking place in circumstances when any of the persons directly involved expected the interaction to remain only between themselves.

"Activities taking place outside a building would not generally be considered as private and for this reason journalists and private investigators will be able to continue to undertake their lawful duties without breaching the Bill," Mr Day said.

He said that under the Surveillance Devices Bill there were tough new penalties of up to $5,000 and 12 months' imprisonment for individuals and a fine of up to $50,000 for a corporation for each offence.

The offences included:

·      unlawful use, installation or maintenance of a surveillance device;

·      unlawful communication or publication of private conversations or private activities;

·      possession of a surveillance device for unlawful use;

·      unlawful removal or retrieval of a surveillance device; and -

·      failure to report the discovery of a surveillance device to police.

Mr Day said the Police Commissioner and the chairperson of the National Crime Authority would be required to provide annual reports to the Police Minister on the use of surveillance devices in WA. In relation to the Anti-Corruption Commission, the reports would be provided to the Attorney General.

Media contact: Mark Thompson on (08) 9322 2311