Police Informants

In reply to the Hon. C. BONAROS (12 February 2019).

The Hon. S.G. WADE (Minister for Health and Wellbeing): The Minister for Police, Emergency Services and Correctional Services has been advised:

South Australia Police (SAPOL) have firmly established robust orders in place to ensure the highest standards of integrity and ethical behaviour by police officers when engaging a human source. Police are required to consider all ethical implications before entering into a relationship with a human source, including consideration of their employment.

SAPOL procedures and guidelines governing the relationship between police and registered human sources have been in place since 2000. These procedures and guidelines do not allow SAPOL officers to obtain and act upon information from lawyers in the manner currently being examined by the Victorian Royal Commission. The current officer in charge and all prior managers back to the formation of SAPOL's Human Source Management Section in 2000 have been spoken to concerning the engagement of solicitors as human sources in the circumstances detailed by the High Court in AB v CD [2018] HCA 58, [10]. SAPOL has advised that these officers have no recollection or record of any engagement of a solicitor as a human source in such circumstances.

At this time, there is no basis in South Australia to consider the introduction of legislation to expressly prohibit lawyers from acting as informants. Situations under which a lawyer may provide information to police are varied and include those captured within Part 9 of the Australian Solicitors' Conduct Rules as published by The Law Society of South Australia.