A WA parliamentary question on notice addresses the WA Police's policies and procedures regarding the collection, storage, and destruction of audio, visual, surveillance device, and telecommunications intercept material. The response details oversight mechanisms and storage practices.

AnsweredQoN 3066Legislative Assembly
Asked
25 May 2010
Portfolio
Police

QuestionView source ↗

In relation to Western Australia (WA) Police collection and storage of audio, visual, surveillance device (SD) and telecommunications intercepts (TI) material, I ask:
(a) what is the policy for destruction of source material and transcripts correctly collected by authorised warrant;
(b) what is the policy for destruction of material inadvertently or incorrectly intercepted;
(c) what is the WA Police interpretation of its ability to collect, store and disclose privileged material between a suspect and their lawyer;
(d) where do WA Police store collected SD and TI material;
(e) what volume of SD and TI material has been destroyed in the current financial year;
(f) what oversight (apart from the minor, legislative bureaucratic review of correctly filling in application forms undertaken by the Ombudsman) occurs with the destruction of material; and
(g) what internal oversight is undertaken regarding the number and rank of serving police officers involved in destruction?

AnswerView source ↗

Answered
22 June 2010
Responded by
Minister for Police
Response time
28 days
(a) All Intercepted product is inspected by the Commonwealth Ombudsman's Inspector.
If the product is no longer required by the investigation for further proceedings such as court proceedings, the product can be destroyed.
Officers from the WA Police Telecommunications Interception Unit (TIU) will supply a list of itemised product to the WA Records Management Archivist who will review and ensure compliance with Government Records Management Procedures.
The product is then conveyed to a secure destruction site by two Police Officers from TIU in company with a Commissioned Officer who is responsible for overseeing the physical destruction of the product.
(b) The product is instantly quarantined and once inspected by the Ombudsman's Inspector, the destruction procedure (as above) is complied with.
(c) The WA Police TI system collects all calls and those between a suspect and their lawyer are quarantined and classified as "legal privilege" calls. The Investigator is able to listen to the call but is unable to act upon this information.
(d) All Telecommunications Intercepted material is stored on site at TIU in secure storage.
All Surveillance Devices warrants are retained on site in secure storage at TIU whilst the product is retained by investigators.
(e) To date no product has been physically destroyed.
(f)  The Commonwealth Ombudsman carries out inspections pursuant to the Telecommunication (Interception and Access) Act 1979, while the WA State Ombudsman carries out inspections pursuant to the Surveillance Devices Act 1998.
The Commonwealth Attorney General's office regularly checks on WAPOL TI compliance and procedures. There are also internal audit processes in place within the WA Police State Intelligence Division.
(g) A WA Police Commissioned Officer is required to be present whilst original Intercepted product is destroyed by the two Police Officers. This process is documented and endorsed by the Commissioned Officer.
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