As the Attorney-General’s Department submission to this Inquiry explains (see Submission 3, section agencies face challenges from rapid 1.2.1), “interception technological changes that impact on their ability to gain lawful access to highly valuable evidence through telecommunications ACLEI is no different in this regard, interception”. and since its commencement has relied upon other law enforcement agencies to provide interception services on its behalf. As a small agency, it would be impracticable for ACLEI to keep abreast of technical changes and advances in telecommunications interception. Accordingly, the proposal would limit unnecessary duplication of services. By sharing resources and expertise with other agencies, ACLEI can (and does) achieve greater flexibility in its operations. Under existing arrangements, ACLEI has access to a telecommunications interception capability when necessary for an investigation (provided another agency has spare capacity when required), without having to establish a full specialist technical capability for this purpose. The proposed amendments would broaden the number of agencies to which ACLEI could go for assistance in executing telecommunications interception warrants. Broadening the choice of partners for individual investigations would assist ACLEI to preserve the independence and integrity of corruption investigations. Specifically, this ‘capability would provide the advantage of distance from the agencies within the LEIC independence’ Act jurisdiction, when such distance may be needed to protect an investigation from possible compromise. ACLEI is mindful of security requirements for all its investigations, and the need to protect sensitive and personal information from unauthorised disclosure. In assessment, ACLEI’s there would be no diminution in security arrangements were the proposed amendment to be legislated for and implemented. Further, ACLEI would make all possible and practical efforts to ensure that the Commonwealth of records concerning access to and Ombudsman’s inspection ACLEI’s use of telecommunications interceptions is not adversely affected.
As the Attorney-General’s Department submission to this Inquiry explains (see Submission 3, section 1.2.1), “interception agencies face challenges from rapid technological changes that impact on their ability to gain lawful access to highly valuable evidence through telecommunications interception”. ACLEI is no different in this regard, and since its commencement has relied upon other law enforcement agencies to provide interception services on its behalf. As a small agency, it would be impracticable for ACLEI to keep abreast of technical changes and advances in telecommunications interception. Accordingly, the proposal would limit unnecessary duplication of services. By sharing resources and expertise with other agencies, ACLEI can (and does) achieve greater flexibility in its operations. Under existing arrangements, ACLEI has access to a telecommunications interception capability when necessary for an investigation (provided another agency has spare capacity when required), without having to establish a full specialist technical capability for this purpose. The proposed amendments would broaden the number of agencies to which ACLEI could go for assistance in executing telecommunications interception warrants. Broadening the choice of partners for individual investigations would assist ACLEI to preserve the independence and integrity of corruption investigations. Specifically, this ‘capability independence’ would provide the advantage of distance from the agencies within the LEIC Act jurisdiction, when such distance may be needed to protect an investigation from possible compromise. ACLEI is mindful of security requirements for all its investigations, and the need to protect sensitive and personal information from unauthorised disclosure. In ACLEI’s assessment, there would be no diminution in security arrangements were the proposed amendment to be legislated for and implemented. Further, ACLEI would make all possible and practical efforts to ensure that the Commonwealth Ombudsman’s inspection of records concerning ACLEI’s access to and use of telecommunications interceptions is not adversely affected.
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