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Privacy not relevant in police surveillance: says State Government

Australian Democrats MLC Ian Gilfillan: seeking balance in new surveillance laws.

Australian Democrats Legal Affairs spokesperson, Ian Gilfillan says a proposed new law would permit spy cameras in bedrooms to gather evidence on any offence, no-matter how minor.

"The Listening Devices Act must be updated, to allow police to use surveillance and tracking devices, when investigating serious crime," Mr Gilfillan says. "However, there should be a balance between the seriousness of the alleged crime, and the potential invasion of privacy such devices permit."

At present, when police apply for a listening device warrant, a judge is obliged to consider both the gravity of the alleged offence and the extent to which a person’s privacy would be invaded. The proposed new law permits the use of a much wider range of devices for surveillance and tracking, as well as just eavesdropping.

"However the proposed law tips the scales all the way in favour of investigators by removing the legal requirement for a judge to consider invasions of privacy.

"The Democrats support giving police the power to use these devices. However we will be seeking amendments to achieve a balance which improves both our crime-fighting capacity and the personal privacy of innocent people.

"In contrast to the Government, the Democrats also want to ensure that:

• surveillance material collected illegally cannot be used as evidence without an exceptional reason.
• surveillance warrants can be issued only for investigation of serious offences
• police applying for a surveillance warrant must keep a record of their reasons."

More news on Legal Affairs, and Police

Hold fast to our public land

"It appears that the whole development has now expanded with a larger amount of public land being used, and the proposed public access also being diminished."

The call comes after revelations that a major billboard detailing the project will be exchanged for a new one.

The original billboard was erected in 1998 at the end of Anzac Highway, in line with promotional brochures advertising the development.

However, the signs fail to identify several elements of the current plan, including a dive shop and changes to the siting of housing allotments.

State Democrats Leader Mike Elliott says: "Clearly the billboard showed the development as everybody understood it to be."

"We had intended to demonstrate that by printing a photograph of the billboard in Inside Story.

"But the company said it did not want us to use it if we weren’t doing a positive story."

The Democrats have raised concerns that the development will encroach on more public land than originally envisaged.

Mr Elliott says since initial plans were approved, several parts of the development have been moved, encroaching further onto the remaining public space.

Using the developers’ own land price lists, it has been estimated that the land encroachment is worth at least $2.5 million.

"It appears that the whole development has now expanded with a larger amount of public land being used, and the proposed public access also being diminished," Mr Elliott says.

"This increase in the size of the development was not initially disclosed by the developers."

More news on Urban Development, and Environment