‘Everyone was recorded’: how IBAC breached secret bug rules

IBAC planted bugs targeting corruption suspects — but ended up recording innocent conversations for six days.

 

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Victoria’s anti-corruption agency has been rapped over the knuckles by the state’s integrity watchdog over a bungle resulted in secret bugs recording innocent individuals talking in addition to the targets of the probe.

In what was described as a “serious” breach of a Victorian Supreme Court warrant authorising the secret listening devices, the Independent Broad-based Anti-corruption Commission covertly installed two bugs in a building that recorded “all conversations” rather than just those involving the suspects.

Integrity Oversight Victoria — the watchdog that monitors the performance of IBAC and the state’s other integrity agencies — revealed in a report tabled in parliament last month the warrant restricted the bugs’ use to when intelligence indicated the two key suspects were meeting or the prime suspect was meeting other people of interest to the investigation.

But in a bungle detailed in the watchdog’s report, IBAC deployed bugs programmed to record on voice activation meaning all conversations that occurred in the undisclosed location were recorded over almost a week.

“Over a six-day period from when they were installed, rather than recording conversations that

related to meetings between persons of interest, these devices recorded all conversations,” the report stated.

“This was because the listening devices were programmed to record on voice activation.

“From our inquiries with IBAC into the extent to which privacy was impacted during this

period, IBAC confirmed that the surveillance device captured conversations of persons in

contravention of the condition on the warrant.”

Responding to questions from The Australian on Wednesday, IBAC admitted the warrant had been breached and said the agency was committed to implementing the recommendations of the watchdog to ensure “investigations are conducted within legislation and in compliance with court conditions”.

“IBAC acknowledges noncompliance with a warrant condition for a six-day period and has committed to updating surveillance policies and documents to ensure future compliance,” an IBAC spokesperson said.

“Any material recorded outside of the warrant conditions will not form part of the investigation, nor be utilised by IBAC in any capacity.”

The agency said the “relevant investigation was not impacted and remains ongoing” but

“for operational reasons, IBAC is unable to provide any further comment”.

IBAC has an array of covert powers it can deploy during its anti-corruption investigations including the use of secret listening devices, covert cameras and undercover operatives.

A separate report to parliament reveals that in the year to June 2024, IBAC deployed nine undercover agents using assumed identities to gather intelligence during operations to uncover suspected corrupt conduct by public bodies or individuals and misconduct by police officers.

The IOV report doesn’t provide details about the top secret anti-corruption investigation during which the breach occurred other than it was in the period spanning July 1 to December 31, 2023.

“This report identifies some compliance errors ... in the case of a finding that IBAC did not comply with a condition on how it was permitted to use a surveillance device ... we found this sufficiently serious to make two formal recommendations to IBAC for remedial action,” the IOV report states.

“In this case, IBAC’s records simply stated that they had ‘managed recording as per conditions on the warrant’. This was incorrect.”

IBAC has acknowledged it breached the warrant and has agreed that to “mitigate against the future risk of not complying with a condition imposed on a warrant” the agency’s technical surveillance team would keep detailed records to show how the installation and use of bugs has complied with warrants.

IBAC has also agreed to compile a special report on the breach so the Victorian Supreme Court judge who issued the warrant was aware of the noncompliance.

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