NSW Digital Evidence Access Powers for ICAC Officers

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

ICAC officers can now apply for digital evidence access orders.
Applicants can apply for these orders at the same time as a search warrant; they can also apply after a warrant is issued or executed.
Applications must state that the computer contains material connected to an ICAC investigation.

The Debate

What different members said when this bill was debated:

Tania Mihailuk IND

“The Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill is a commonsense step to ensure that corrupt officials do not keep hindering ICAC officers in their investigations. It has been a great privilege and honour to be a member of the Committee on the Independent Commission Against Corruption for the past 12 years.”

Official source →

Anthony D'Adam ALP

“I thank the Hon. Susan Carter, the Hon. Rod Roberts, Ms Sue Higginson, the Hon. Aileen MacDonald and the Hon. Tania Mihailuk for their contributions to debate on the Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023. I briefly address some of the matters raised during debate.”

Official source →

News articles and press releases

Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Bill 2023

Mr MICHAEL DALEY, Attorney General — 2023-05-24

The bill amends the Law Enforcement (Powers and Responsibilities) Act 2002 to enable a digital evidence access order to be sought in relation to a search warrant issued under section 40 of the Independent Commission Against Corruption Act 1988. These small but important amendments were raised with the Government directly by the Independent Commission Against Corruption [ICAC] and they work to ensure that the ICAC’s powers to investigate corruption and maladministration in New South Wales remain current and fit for purpose.