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Minister bungles on Vic phone tap watchdog

The Victorian government has backtracked on claims it would directly brief the new phone bugging and surveillance watchdog.

The minister responsible for the establishment of an anti-corruption commission, Andrew McIntosh, introduced a bill into parliament on Thursday to establish a body called the Public Interest Monitor (PIM).

The PIM will be made up of lawyers registered to appear in courts and tribunals to test the merits of applications from Victoria Police, the Office of Police Integrity (OPI) and the yet to be established Independent Broadbased Anti-Corruption Commission for permission use phone bugging and surveillance devices during investigations.

Mr McIntosh told reporters it would be the state government, probably himself, who would brief the PIMs.

“It will probably be, no doubt, the minister responsible for the establishment of the anti-corruption commission or it may be the department,” he told reporters.

“But the reality is, you know, it will be the government that will do the briefing of the person to appear on behalf of the public interest.”

Later, after the opposition accused him of politicising the new body, Mr McIntosh told parliament he had made a mistake during the heated press conference.

“The Public Interest Monitor will be completely independent of government,” he said.

“The fact is there will be no briefing … there will be absolutely no input from the government agency, minister or department whatsoever.”

Opposition anti-corruption commission spokeswoman Jill Hennessy seized on Mr McIntosh’s gaffe.

“We have to remember so-called independent bodies may indeed have to investigate their masters, that is the government,” she told reporters.

“It’s quite extraordinary for a minister to suggest that it would be he who would be issuing the instructions to a so-called independent body.”

A spokesman for Mr McIntosh said PIMs would have access to documents presented to the court or tribunal by the police or integrity body in their application.

They will be bound by confidentiality rules and could be jailed for a year for breaching those obligations.

Mr McIntosh rejected suggestions the government did not trust judges to properly take into account the public interest when deciding whether or not to grant phone tap and surveillance device warrant applications.

But he said none of the 424 applications made by Victoria Police and the OPI for telephone intercept warrants were rejected in 2009-10, and only two of 141 applications for surveillance device warrants were knocked back.

Mr McIntosh continued to refuse to reveal when he expected the IBAC would be operational, only saying the legislation would be introduced into parliament before Christmas.

Before winning office, the Baillieu government promised the IBAC would be operational by July this year.