Police surveillance review deadline to be extended

Matt Maloney | The Examiner | 11 November 2022

A deadline for a review of Tasmania Police’s use of surveillance devices in prisons has been delayed due to the need for legislative amendments.

Police Commissioner Donna Adams said since the announcement of the independent review, to be undertaken by former Solicitor-General Michael O’Farrell, it has been identified that relevant legislation currently prevents the sharing of necessary information that would allow a full and transparent review to occur.

“As a result, I have asked for consideration of an urgent amendment to the Police Powers (Surveillance Devices) Act 2006 to allow for the review,” she said.

“Currently the majority of the information that will need to be considered by Mr O’Farrell is considered protected information and the act prohibits this information from being communicated for the purposes of a review.”

This means Tasmanian Parliament would be required to approve amended legislation in order to progress the review, Commissioner Adams said.

“Once the amendment is passed, the protected information can be released, and the review can be progressed in full,” she said.

The review was instigated after a bungled surveillance operation in 2017 related to Sue-Neill Fraser’s murder conviction was exposed.

Police had taken a secret recording of a meeting between Neill-Fraser’s former lawyer and an inmate at Risdon Prison who became involved in the case.

It was later revealed one of the recording devices was not switched off after the meeting and left on for two months.

Police Minister Felix Ellis in Parliament on Thursday said as a result of the need to amended legislation to be passed, the review would not be completed by December 31 and extended to the middle of next year.

He said he had asked Attorney-General Elise Archer to make the necessary legislative amendments.

“These amendments will also ensure future reviews are able to be undertaken improving transparency and accountability of Tasmanian police,” Mr Ellis said.

Nelson independent MLC Meg Webb said she wrote to Premier Jeremy Rockliff early last month to ask for confirmation as to whether the independent review could be lawfully conducted.

“Today we have seen some embarrassing backside-covering from the government with the admission that the review could not be undertaken lawfully and will require legislative change to occur and a longer time frame for delivery,” Ms Webb said.

“This review should always have been entirely independent of Tasmania Police and had a much more comprehensive scope for investigation.”

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