We identified some compliance errors during our regular inspections of surveillance device records during the 1 July to 31 December 2023 period.
IBAC
In the case of a finding that IBAC did not comply with a condition on how it was permitted to use a surveillance device, we found this sufficiently serious to make 2 formal recommendations to IBAC for remedial action. IBAC acknowledged the finding and accepted the recommendations in full.
Recommendation 1: To mitigate against the future risk of not complying with a condition imposed on a warrant, we recommend that IBAC’s Technical Surveillance team keep detailed records to show how the installation and/or use of a device has complied with any conditions specified on the warrant.
Recommendation 2: The report IBAC made under section 30K of the SD Act incorrectly reported that IBAC complied with the conditions to which the warrant was subject. We recommend that IBAC make a supplementary report under this section so that the judge who issued the warrant is apprised that listening devices were activated in a manner that contravened the warrant condition over a 6-day period.
Victoria Police
Victoria Police is required to report to the judge who issued the warrant, among other things, the general use of information obtained by use of a surveillance device.
Where Victoria Police omitted 2 pieces of information from reports given to judges, we found that a supplementary report and an amended report corrected these omissions.
For more information, read our report.
Updated