❓ Hon Peter Collier asks about legislative impediments to releasing police body-worn camera footage. The answer cites several Acts and Regulations that restrict release, including the Coroners Act, Criminal Code, and Criminal Investigation Act.
AnsweredQoN 2152Legislative Council
QuestionView source ↗
(1) Is there any legislative impediment under the Western Australian (WA) Coroners Act, Criminal Code or Criminal Investigation Act, or other legislation which prevents WA Police from releasing police body worn footage? (2) If no to (1), what government or WA Police policy determines decisions as to whether to release to the public body worn footage captured by WA Police?
AnswerView source ↗
Answered
15 October 2024
Responded by
Minister for Emergency Services representing the Minister for Police
Response time
7 days
The Western Australia Police Force advise:
1. Yes. Legislative provisions that may restrict the release of body-worn camera footage, include:
- Section 14(3) of the Coroners Act 1996 restricts the release of material relating to a coronial investigation;
- Section 81 of the Criminal Code prohibits the release of official information, including police body-worn footage, unless authorised;
- Section 121 of the Criminal Investigation Act 2006 prohibits the unauthorised disclosure of audio-visual records of interviews with suspects
- Regulation 607 of the Police Force Regulations 1979 prevents officers from providing information except in the course of their duties.
- Public Interest Immunity (PII) grounds may also apply, if it is deemed disclosure would harm the public interest by compromising ongoing investigations or legal proceedings.
2. Not Applicable
1. Yes. Legislative provisions that may restrict the release of body-worn camera footage, include:
- Section 14(3) of the Coroners Act 1996 restricts the release of material relating to a coronial investigation;
- Section 81 of the Criminal Code prohibits the release of official information, including police body-worn footage, unless authorised;
- Section 121 of the Criminal Investigation Act 2006 prohibits the unauthorised disclosure of audio-visual records of interviews with suspects
- Regulation 607 of the Police Force Regulations 1979 prevents officers from providing information except in the course of their duties.
- Public Interest Immunity (PII) grounds may also apply, if it is deemed disclosure would harm the public interest by compromising ongoing investigations or legal proceedings.
2. Not Applicable
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.