Question – Tasmania Police Surveillance

Questions asked by the Hon. Meg Webb MLC on 29 September 2022 and answered by the Minister for Police, Fire and Emergency Management on 29 September 2022

In regards to the warrant issued and surveillance operation conducted by Tasmania Police in Risdon Prison from June to August 2017 in relation to the Jeff Thompson matter, can the Government:

1. Confirm the date on which both former Ministers and the current Minister for Police, Fire and Emergency Management were:

a. first briefed as to what had occurred?; and
b. first made aware that the surveillance operation was potentially illegal?

Answer 1 a and b:

• I am informed that neither of the previous Ministers for Police, Fire and Emergency Management were briefed on this matter.
• On 11 August 2022, Minister Ellis was briefed that Mr Thompson’s charges were to be discontinued. Reasons as to the discontinuation were not provided by the Commissioner as Tasmania Police were complying with a court suppression order.
• On 31 August 2022, Tasmania Police advised Minister Ellis’ Office of the reasons why the charges for Mr Thompson had been discontinued.
• A written briefing was provided from the Commissioner of Police to Minister Ellis on 1 September 2022.

2. Detail what role, including what communication with Tasmania Police, the Minister had in the decision for Tasmania Police to commission a review of the Thompson surveillance matter, and the decision to appoint Michael O’Farrell SC to conduct the review?

Answer 2:

• The decision to undertake a review of the Thompson matter was made by the Minister for Police, Fire and Emergency Management on 31 August 2022.
• The decision to engage Michael O’Farrell to undertake the independent review was made by the Commissioner of Police on Wednesday, 31 August 2022.
• Michael O’Farrell SC was engaged to undertake the independent review on Wednesday, 31 August 2022.
• Minister Ellis’ office was advised of the Commissioner’s decision as a courtesy just prior to the release of the Tasmania Police media statement.

3. Detail if and when the Minister was apprised of the terms of reference for the O’Farrell review?

Answer 3:

• The Terms of Reference for this review were finalised on 28 September 2022 and provided to the Minister.

4. Detail whether the former and current Ministers were made aware of any similar instances of potentially illegal surveillance by Tasmania Police that have occurred

Answer 4: 

• I am informed that Tasmania Police has not advised any former or current Minister of any issues regarding similar surveillance device use by Tasmania Police outside the Thompson case.

5. Detail what assurances the Minister has been given that similar instances of potentially illegal surveillance by Tasmania Police are not currently occurring and will not occur in the future?

Answer 5: 

• I am informed that Tasmania Police has not advised any former or current Minister of any issues regarding similar surveillance device use by Tasmania Police outside the Thompson case.
• In addition, a higher level of oversight of surveillance warrants is now in place. Prior to the submission of any surveillance device warrant to a court, a supporting affidavit and related documents are to be vetted by Legal Services to further enhance operational and legislative compliance with the Act, and these must be approved by the Assistant Commissioner Operations.

See more Questions from Meg in Parliament.