Crimes (Surveillance Devices) Act 2010

The ombudsman may inspect the records of a law enforcement agency to determine the extent of compliance with this Act by the agency and law enforcement officers of the agency.

For an inspection under this section, the ombudsman—

after notifying the chief officer of the law enforcement agency, may enter at any reasonable time premises occupied by the agency; and

is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and

may require a member of staff of the agency to give the ombudsman any information that the ombudsman considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.

The chief officer must ensure that members of staff of the agency give the ombudsman any assistance the ombudsman reasonably requires to enable the ombudsman to exercise functions under this section.

The ombudsman must give a written report prepared under the Annual Reports (Government Agencies) Act 2004 on the results of each inspection under this section in the preceding financial year.

The report must include a report on the comprehensiveness and adequacy of the records of the agency and the cooperation given by the agency in facilitating the inspection by the ombudsman of those records.

The report must not include any information that, if made public, could reasonably be expected to—

endanger a person’s safety; or

prejudice an investigation or prosecution; or

compromise any law enforcement agency’s operational activities or methodologies.