House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-10-28 Daily Xml

Contents

Criminal Investigation (Covert Operations) Act

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations) (14:15): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: In April 1995, following the High Court's decision in Ridgeway v The Queen (nothing to do with our friend here) in favour of the accused, parliament passed the Criminal Law (Undercover Operations) Act 1995 with the support of all sides of politics. This ruling on entrapment by police of drug dealers and other criminals had created uncertainty for the police and the courts. The object of the legislation was to place police undercover operations on a legislative footing and to ensure certainty in the law.

As honourable members may be aware, one of the safeguards that was built into the legislation that significantly extended police powers was the requirement that the Attorney-General be notified of and authorise any undercover operations. The Attorney-General is further required to table an annual report detailing such operations in the parliament.

The Criminal Law (Undercover Operations) Act 1995 was incorporated into and replaced by the Criminal Investigation (Covert Operations) Act 2009. That new act added reporting obligations about other legislated aspects of covert operations. The current statutory provisions have not been the subject of any noteworthy comment by any court. I table the report.