An audit report on the authorised use of surveillance devices has commended the cooperation of WA police following the exposure of one breach in the relevant reporting period.
The report, produced by the commonwealth ombud, analysed the collection, storage and destruction of surveillance material by two government agencies for the last half of 2021. It included findings from audits of the Western Australia Police Force (WA Police) and the NSW Law Enforcement Conduct Commission, which both have powers to gather such data under the Surveillance Devices Act 2004.
The police audit, which examined 83% of relevant records, unearthed evidence in four cases where protected information was destroyed without an order from the chief officer. This omission meant the information was destroyed contrary to s 46(1)(b) of the Act.
“In practice, for an agency to adhere to s 46(1)(b), the chief officer would issue a written ‘destruction order’ specifying the protected information to be destroyed prior to its destruction,” the report said.
“At the inspection, we could not verify the location of protected information from a surveillance device for four warrants. Following the inspection, WA Police advised that the protected information was destroyed without an express order from the chief officer.”
On the advice of the ombud, the WA Police said it would set up appropriate delegations for the destruction of material in future, and ensure a destruction order was in place before getting rid of any information. The force also agreed to improve officer awareness of information destruction requirements.
“WA Police accepted this better practice suggestion and advised they developed a Standard Operating Procedure for destructions, which was disseminated to staff,” the report said.
The ombud also found two WA Police reports that were made to the federal Home Affairs minister contained “insufficient information”. Under the laws, the minister should be informed of any warrant issued or emergency authorisation or tracking device authorisation given.
“We suggested WA Police address two instances of insufficient detail in the s 49 report to the minister.
“At the time of our inspection we were satisfied WA Police had already implemented measures to prevent this issue from recurring, namely increasing investigator awareness, amending templates and implementing quality assurance processes,” the report said.
Ombud Iain Anderson said WA Police had engaged “openly and constructively” with his office during the review.
“I am pleased WA Police developed standard operating procedures for destructions and provided this to staff in response to my suggestions,” Anderson said in a statement.
The commonwealth ombud’s periodic six-month review also captured the procedures of the NSW Law Enforcement Conduct Commission. While the commission had no expiring warrants during this period to review, improvements were suggested.
According to the ombud, the commission engaged with his office to improve policies and procedures concerning its surveillance powers. The commission willingly agreed to this, despite it not being required by law.
“This demonstrates the importance the Commission places on proactive work to comply with the Act’s requirements,” Anderson said, acknowledging the agency’s cooperation.
The report was published by federal attorney-general Mark Dreyfus last week.
The next periodic review of the secure storage and destruction of records gathered for surveillance purposes will be delivered to the federal government by the end of September. That report will include findings for the period 1 January to 30 June 2022.
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