Question – Tasmania Police Surveillance in Women’s Prison

Question asked by the Hon. Meg Webb MLC on 15 November 2022 and answered by the Minister for Police, Fire and Emergency on 24 November 2022.

In light of the findings of Brett J in the Jeff Thompson matter and illegal surveillance by Tasmania Police in Risdon Prison, the evidence of Detective Sergeant Shane Sinnitt at the Sue Neill-Fraser leave to appeal application on 22 August 2018 (T 419-420) under cross-examination by Coates SC, identifies three instances of listening device evidence of conversations between Neill-Fraser and visitors at the prison. In relation to this listening device surveillance, can the government:

Question 1: Assure the public that this matter will be thoroughly scrutinised and reported on in the O’Farrell Review, including:

a. Whether each and every of these conversations referred to was the subject of a valid warrant?
b. Whether the warrant or warrants suffered from the same serious defect on its/their face as in the Jeff Thompson matter?
c. Whether the warrant or warrants provide false assurance to the issuing Magistrate as seen in paras.18 and 19 of the Constable Jago affidavit as reported by Justice Brett in the Thompson matter at para.23?
d. The terms and conditions of such warrants, including whether they recorded continuously for up to 90 days?
e. Whether any of the conversations referred to in the Sinnitt evidence was caught as a result of the continuous recording of a listening device not covered by the relevant warrant or warrants?
f. Whether any of the conversations recorded involved conversations between Ms Neill-Fraser and lawyers?
g. Whether any of the conversations were subject to legal professional privilege?
h. Whether any other privileged conversations at the visitor’s room at the women’s prison recorded as a result of these warrant/s?

Answer 1: In response to Question 1 inclusive of (a) – (h), Mr O’Farrell SC will conduct a comprehensive review in accordance with the Terms of Reference for the Review of the use of Surveillance Devices in Prisons.

An updated version of the Terms of Reference were tabled in Parliament on 10 November 2022.

I share your commitment to transparency and accountability and agree that Tasmanians must continue to have trust and confidence in their police.

I look forward to tabling Mr O’Farrell’s Review in Parliament in 2023. 

Question 2: Assure the public that Tasmania Police acted lawfully and in accordance with all requirements of the Police Powers (Surveillance Devices) Act 2006 in relation to the Sue Neill-Fraser matter? For instance, were section 29 reports provided to the issuing Magistrate?

Answer 2: I will not pre-empt the findings of the Review to be undertaken by Mr O’Farrell SC in relation to this matter.

I note that the review will be in accordance with the Terms of Reference for the Review, tabled in Parliament on 10 November 2022.

I trust that Mr O’Farrell SC will conduct a comprehensive review of the matter. I will table the findings in Parliament.

See more of Meg’s questions in Parliament.