Commonwealth of Australia Explanatory Memoranda

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LAW ENFORCEMENT LEGISLATION AMENDMENT (STATE BODIES AND OTHER MEASURES) BILL 2016

                                2016




    THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                  HOUSE OF REPRESENTATIVES




LAW ENFORCEMENT LEGISLATION AMENDMENT (STATE BODIES AND
               OTHER MEASURES) BILL 2016




        SUPPLEMENTARY EXPLANATORY MEMORANDUM


         Amendments to be Moved on Behalf of the Government




                     (Circulated by authority of the
           Minister for Justice, the Hon Michael Keenan MP)
AMENDMENTS TO THE LAW ENFORCEMENT LEGISLATION AMENDMENT
(STATE BODIES AND OTHER MEASURES) BILL 2016


(Government)


GENERAL OUTLINE

1. The purpose of these amendments to the Law Enforcement Legislation Amendment
   (State Bodies and Other Measures) Bill 2016 (the Bill) and the Explanatory Memorandum
   to the Bill is to ensure the Inspector of the Law Enforcement Conduct Commission
   (LECC) can use lawfully intercepted information (LII) and interception warrant
   information (IWI), as defined in the Telecommunications (Interception and Access)
   Act 1979 (the TIA Act), to discharge his or her oversight functions in relation to agency
   maladministration.

2. The Bill currently enables the Inspector of the LECC to communicate, make use of or
   make a record of LII or IWI in dealing with misconduct or maladministration by officers
   of the LECC. It does not enable the Inspector to use that information in dealing with
   agency maladministration on the part of the LECC, which is a key function of the
   Inspector.

3. The amendments to items 12 and 19 in Schedule 1 of the Bill will enable the Inspector of
   the LECC to communicate, make use of or make a record of LII and IWI to deal with
   conduct relating to agency maladministration on the part of the LECC. This will ensure
   the Inspector's powers are consistent with those of the Inspector of the Police Integrity
   Commission (PIC), the body that the Inspector of the LECC is replacing.

FINANCIAL IMPACT

4. The amendments to the Bill will have no financial impact.

ACRONYMS

Law Enforcement Conduct Commission of New South Wales - LECC

Lawfully intercepted information - LII

Interception warrant information - IWI

NSW Police Integrity Commission - PIC

Telecommunications (Interception and Access) Act 1979 - TIA Act




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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Law Enforcement Legislation Amendment (State Bodies and Other Measures) Bill 2016

1.    The amendments to the Bill are compatible with the human rights and freedoms
      recognised or declared in the international instruments listed in section 3 of the
      Human Rights (Parliamentary Scrutiny) Act 2011.




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NOTES ON AMENDMENTS

Amendment 1: Schedule 1, item 12

1. Amendment 1 will amend the definition of 'permitted purpose' in section 5 of TIA Act to
   ensure the Inspector of the LECC can communicate, make use of or make a record of LII
   and IWI to deal with conduct relating to agency maladministration on the part of the
   LECC as well as misconduct or maladministration by officers of the LECC.

2. The definition of 'permitted purpose' in subsection 5(1) of the TIA Act refers to the
   circumstances in which an eligible Commonwealth or State authority can communicate,
   make use of or make a record of LII and IWI under the TIA Act. The circumstances
   include the functions of each eligible authority as set out in their governing legislation.

3. Item 12 of the Bill will repeal the current reference to the Inspector of the PIC in the
   definition of 'permitted purpose', inserting provisions relevant to the Inspector of the
   LECC instead. The item currently enables the Inspector of the LECC to communicate,
   make use of or make a record of LII and IWI for a purpose connected with conduct
   amounting to officer misconduct or officer maladministration on the part of officers of the
   LECC.

4. The amendment to item 12 of the Bill will also enable the Inspector of the LECC to
   communicate, make use of or make a record of LII and IWI for a purpose connected with
   agency maladministration on the part of the LECC. Agency maladministration on the part
   of the LECC includes conduct that is unlawful, unreasonable, unjust, oppressive or
   improperly discriminatory in its effect or arises, wholly or in part, from improper motives.

5. This is consistent with the permitted purposes for which the Inspector of the PIC (the
   body that the Inspector of the LECC is replacing) can deal with LII and IWI, which are
   purposes related to abuse of power, impropriety or other forms of misconduct.

Amendment 2 - Schedule 1, item 19

6. Amendment 2 will insert a new definition of 'agency maladministration', as it relates to
   the LECC, into section 5 of TIA Act.

7. This amendment specifies that agency maladministration, in relation to the LECC, has the
   same meaning as it has in the Law Enforcement Conduct Commission Act 2016 (NSW) in
   relation to the NSW Police Force or the NSW Crime Commission. Agency
   maladministration on the part of the LECC includes conduct that is unlawful,
   unreasonable, unjust, oppressive or improperly discriminatory in its effect or arises,
   wholly or in part, from improper motives.




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