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Recordings made in secret without the person’s knowledge or consent are generally treated as inadmissible. Proposed changes to legislation will allow investigative agencies to receive important evidence of crime and corruption.

Changes to the Surveillance Devices Act 2007 (the Act) are expected to be introduced to Parliament on Tuesday and it will allow investigative agencies to receive critical evidence of crime and corruption. The amendments will introduce a ‘public interest exception,’ to allow individuals or organisations, who may come into possession of unlawfully made surveillance recordings but did not participate in making the recordings themselves, to pass the recordings on to the proper authorities without “fear of prosecution, provided they act promptly.”

At present, there is no protection for those acting in the public interest to report crime or corruption. The Independent Commission Against Corruption (ICAC) has an exemption under the Act, however this bill will codify the protection for all statutory investigative agencies.

However, recording a person without their consent and other offences including trespass will remain unlawful under the amendments.

The aim of the changes is to assist investigators in exposing and prosecuting corrupt and criminal behaviour while ensuring privacy protections are upheld. Agencies, or bodies such as ICAC, will be able to obtain and rely on evidence that they would otherwise not be able to use.

“The NSW Government will allow investigative agencies to obtain and rely on evidence of criminal or corrupt conduct that would otherwise be unlawful.”

These changes will mean someone who comes into the possession of an audio or visual recording that has been obtained unlawfully will not face prosecution if they provide it promptly to authorities in the public interest,” said Attorney General Michael Daley.

The amendment follows comprehensive dialogue with investigative agencies, legal experts and privacy bodies and will bring NSW into line with other jurisdictions.