David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

This is in response to recommendation 5 of the committee’s report to amend proposed section 15KP to prohibit the retention, copying or recording by a presiding officer, whether he is a judge or magistrate, of any information or documentation provided to them under that provision—that is, information or documents that relate to an operative’s true identity. So it is about undercover operations.

Although this would lead to a departure from the national model, this proposed amendment would ensure that the true identity of an operative was not revealed or compromised by the actions of the presiding officer, albeit inadvertently. In circumstances where operatives are conducting a controlled operation with organised crime, outlaw motorcycle gangs or drug traffickers, you could understand that, as a sole source of evidence, they would be potentially in great jeopardy and danger were their identities to be revealed. This is a risk management exercise and a security measure for policing.

Question agreed to.