Australian Federal Police Responses to the Commonwealth Ombudsman’s report into the use of surveillance devices by Commonwealth agencies

2013-12-16

The Australian Federal Police (AFP) treats the report by the Commonwealth Ombudsman into the use of surveillance devices by Commonwealth agencies seriously, and has responded to the recommendations made.

The report noted three incidents related to surveillance devices being installed or retrieved outside the lawful time period allowed by the relevant warrant or authorisation.

The three matters were self-reported by the AFP to the Ombudsman and occurred in the period 1 January to 30 June, 2012.

• The first instance involved a device being retrieved two days after the expiry of the warrant. This was due to a miscalculation of the expiry date of the warrant.

• The second instance related to the AFP retrieving a device before the relevant authorisation was issued. The device was retrieved one day prior to the granting of the retrieval authorisation.

• The third instance related to the AFP installing a device before the relevant written authorisation was issued. A device was installed on the same day that a ‘verbal authorisation’ was provided. The written authorisation was provided the day after the device was installed.

It is important to note that no information was collected or used outside the provisions of the relevant warrant or authorization.

Since the issues were identified there has been tailored guidance created and additional training delivered.

No repeat instances have been noted in the subsequent inspection for the period 1 July to 31 December, 2012.

Source: Australian Federal Police