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Lawyers to face jail for bugging leaks

Lawyers who are made privy to the identity of police phone bugging and surveillance targets will face up to two years’ jail if they disclose the information, the Victorian government says.

The minister responsible for the establishment of an anti-corruption commission, Andrew McIntosh, has released the legislation setting up public interest monitors (PIMs).

The PIM, and his or her deputies, will attend court and tribunal hearings where police or Office of Police Integrity (OPI) representatives apply for permission to tap someone’s phone or track them using surveillance devices.

They will also appear at warrant applications made by the yet to be established Independent Broadbased Anti-Corruption Commission.

The draft law follows Ombudsman George Brouwer’s finding earlier this month that there was an accountability gap regarding telephone intercepts in Victoria.

He recommended the government develop measures to allow the merit of telecommunication intercepts to be assessed.

Mr McIntosh told the parliament the PIMs would be lawyers who would have to act independently and not be employed by the commonwealth, the state or the Office of Public Prosecutions.

They would attend application hearings in the courts where they would have the right to question warrant applicants and have access to a copy of the application and any affidavit.

If a PIM disclosed the sensitive information to others they would face two years’ jail.

Mr McIntosh said last year alone Victoria Police and the OPI made 424 applications for telecommunications interception warrants and all had been granted.

It was a similar situation with surveillance device warrants.

“Covert investigation and coercive powers, such as surveillance devices (and) telecommunications interceptions … are among the most intrusive powers available to integrity and law enforcement bodies in Victoria,” he said.

“Strong accountability measures should exist for the use of such significant powers.”

The legislation will be debated in the lower house next month.