DRUGS, HYDROPONIC CULTIVATION

286 The Hon. D.G.E. HOOD (3 July 2008). What arrangements does SAPOL have with AGL or other energy providers to provide notification of excessive or unusual power consumption that may be indicative of hydroponic drug cultivation?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business): Historically, ETSA Utilities was the single entity in the supply of electricity and as a government agency/instrumentality relevant information was provided in accord with Section 4 (10) Cabinet Administrative Instruction No 1 of 1989 otherwise referred to as Information Privacy Principles Instruction.

This facilitated SAPOL in requesting electricity supply information from a central repository within a recognised state government information release framework. However, when the deregulation (privatisation) of the electricity industry occurred the instruction became less relevant.

The National Privacy Principles, Schedule 3, Privacy Act 1988 (Cth) permits the disclosure of personal information to a relevant organisation on the condition the organisation has reason to suspect that unlawful activity has or is being engaged in and the information is required as a necessary part of the investigation.

Whilst legislation permits the provision of personal information, there is no legal requirement for them to do so and there is no penalty for failure to do so.

Requests to suppliers of electricity are assessed on an individual basis and in requesting the information the investigating officer would be in possession of information to indicate the premises (occupied or otherwise) are being utilised for the cultivation of cannabis.

SAPOL maintains a working relationship with electricity suppliers and despite no legal requirement to do so, information is provided to SAPOL upon request for the purposes of investigating criminal activity.