Australian police commissioners today said how new operational realities and outdated legislation mean they will “go dark” if national security legislation is not reformed.
The joint parliamentary committee on national security reform heard from NSW Police Commissioner Andrew Scipione, Australian Federal police commissioner Tony Negus and South Australian commissioner Gary Burns.
But in what appears to be a break from other commissions, particular the AFP, NSW Commissioner Andrew Scipione has submitted to the inquiry that 2 year's of data and phone record retention is not enough.
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“Two years is a bit shy from a NSW police perspective,” Commissioner Andrew Scipione said.
“Reform of the TIA (Telephone Interception Act) is strongly welcomed by the News South Wales police. To achieve this effectively the legislation perhaps needs to be rewritten from scratch with broad law enforcement consultation and engagement,” he said.
Both he and the AFP commissioner argued that increased retention would enable greater cooperation between law enforcement agencies.
“We need to able to disseminate, communicate and share information were there is a legislate reason to do so,” Commissioner Andrew Scipione said.
AFP Commissioner Tony Negus said he would “like it indefinitely” if periods of data and call retention were extended but conceded that AFP investigations are usually concluded in one to two years.
“We are not seeking additional powers but to modernize legislation,” he said.
“The AFP advocates the retention of non-content communications data only, we maintain that content should only be accessed where warranted as is currently the case,”
Commissioner Andrew Scipone said that NSW make the majority of applications for telephone interceptions in Australia, of the 3495 from 2011, NSW police applied for 1282, with 1279 being granted.
The NSW police commissioner resited to attempts to apply warrant methodology to those inquiries, on account of funding and court process.
“We come at this often from a different perspective,” he said.
“We often ask the question that is not what is costs but what is would cost the to this nation, to the men and women of Australia is we didn't have it,”
“Our motives in this are true and pure,”
