Amendments to the Surveillance Devices Act 2007 to be introduced to the NSW Parliament tomorrow (21 October) are set to strengthen the law by allowing investigative agencies to receive crucial evidence of crime and corruption.
The reforms will introduce a public interest exception so individuals or organisations who come into possession of unlawfully made surveillance recordings, but were not involved in making them, can share them with investigative agencies without fear of prosecution, provided they act promptly.
Currently, there is no such protection for people acting in the public interest to report crime or corruption.
“The NSW Government will allow investigative agencies to obtain and rely on evidence of criminal or corrupt conduct that would otherwise be unlawful,” said NSW Attorney General, Michael Daley.
“These changes will mean someone who comes into the possession of an audio or visual recording that has been obtained unlawfully will not face prosecution if they provide it promptly to authorities in the public interest.
“This reform has been carefully designed to aid investigations into suspected criminal or corrupt conduct while maintaining important privacy considerations.”
The Independent Commission Against Corruption already has an exemption by way regulation under the Surveillance Devices Act 2007. But this Bill will enshrine it in legislation for all statutory investigative agencies, the Attorney General said.
Recording someone without consent or committing offences such as trespass will remain illegal under these changes.
The Government says the reforms will help investigators expose and prosecute corrupt and criminal behaviour while upholding strong privacy protections. It will allow bodies such as ICAC to receive and rely on evidence that it would otherwise be impossible for them to use.
They follow extensive consultation with investigative agencies, legal experts and privacy bodies, and will bring NSW into line with other states.
