Surveillance process 'out of control'

REVELATIONS that Victoria's deputy police commissioner Ken Jones's phones were secretly tapped has sparked calls for a review.

OUTRAGE over revelations that Victoria's deputy police commissioner Ken Jones's phones were secretly tapped has sparked calls for a review and reform of surveillance powers.

All 424 applications made by Victoria Police and the Office of Police Integrity to intercept phone calls last financial year were granted, prompting comparisons to Stalinist Russia by former National Crime Authority head Peter Faris QC.

Writing in The Australian today, Australian Council for Civil Liberties president Terry O'Gorman says only five requests nationally for phone taps were refused in the same period, with 3589 being approved.

He has called for national implementation of Queensland's system for phone-tap application hearings, where an independent lawyer is present to question the request and its limitations.

Mr Faris said the apparent ease with which the OPI received judicial approval to tap Sir Ken's phones showed Victoria had turned into "Stalinist Russia" and warranted a broader investigation. "There is absolutely no protection for anyone in the community at the moment from these powers," he said.

OPI director Michael Strong has confirmed that his office launched an investigation into Sir Ken on the basis of information provided by Chief Commissioner Simon Overland, who ordered Sir Ken last month to clear his desk and take immediate leave.

The OPI is believed to have used allegations of misconduct in public office to secure permission to tap Sir Ken's phone, activating emergency powers to expedite the approval process.

Mr Faris said he would be particularly worried if emergency powers had been used in this situation. "Emergency powers you would expect to be used in emergency situations, such as an imminent terrorist attack or, to a lesser degree, if there was a murder about to be committed," he said. "This is completely out of control."

Former assistant commissioner Noel Ashby said phone interception warrants were now being "handed out like confetti".

"We had huge difficulties in getting telephone intercept warrants and other intrusive type of warrants for people who were suspected of crimes such as serial rapes or child exploitation," he said. "They now seem to be able to get them for a spurious offence of misconduct in public office, for information that has been shuttled around inside the organisation quite often, leaks within the organisation, and they are categorising that as a criminal offence.

"And not only on the target concerned, but on his wife and family. It is an amazing shift and it seems to have emerged during (former chief commissioner Christine) Nixon's era."