Publication of the Commonwealth Ombudsman’s Report on agencies’ compliance with the Surveillance Devices Act 2004
Today, the Attorney-General tabled the Commonwealth Ombudsman’s report summarising his oversight of agencies’ use of powers under the Surveillance Devices Act 2004.
This report summarises inspections conducted from 1 January to 30 June 2023 at 5 agencies – the Australian Commission for Law Enforcement Integrity (ACLEI), Australian Criminal Intelligence Commission (ACIC), Australian Federal Police (AFP), New South Wales Police (NSW Police) and Victoria Police. The Office of the Commonwealth Ombudsman reviewed these agencies’ use of surveillance devices, the collection of information from computers under warrant, and the disruption of data in computers under warrant.
"It is encouraging to see a decrease in findings compared to the report for the corresponding period last year" said Mr Anderson. "It demonstrates a willingness by agencies to respond positively to my Office's suggestions for improvement and meet their compliance obligations and legal requirements relating to the use of these powers".
This report covers the Ombudsman's first formal inspection of the AFP's use of data disruption warrant powers, noting the ACIC did not use these powers in the reporting period. "It is reassuring to see the positive controls and frameworks that the AFP implemented before using these powers for the first time", Mr Anderson said.