Law Enforcement (Powers and Responsibilities) Amendment (In-car Video Systems) Act 2004 (NSW)

An Act to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to make provision for the use of in-car video recording equipment by police; and for other purposes.

1Name of Act

This Act is the Law Enforcement (Powers and Responsibilities) Amendment (In-car Video Systems) Act 2004.

2Commencement(1)

This Act commences on a day to be appointed by proclamation.

(2)

Part 8A of the Law Enforcement (Powers and Responsibilities) Act 2002 (as inserted by this Act) commences on the commencement of this Act.

3Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103

The Law Enforcement (Powers and Responsibilities) Act 2002 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

Insert after Part 8:

Part 8AUse of police in-car video equipment108ADefinitions(1)

In this Part:

ICV equipment means in-car video equipment, being equipment installed in a vehicle and capable of recording visual images and sound outside the vehicle (including by means of a microphone that is separate from the equipment and vehicle).

police activities means activities engaged in by a police officer while exercising any functions of a police officer.

police vehicle means a vehicle used or operated for the purposes of police activities.

vehicle includes a motorcycle or other cycle, and driver includes the rider of a motorcycle or other cycle.

(2)

A reference in this Part to the driver of a police vehicle includes, in the case of a police vehicle that is not being driven, a reference to the police officer responsible for the use and operation of the vehicle as driver.

108BPolice activities requiring use of ICV equipment

For the purposes of this Part, the following police activities are police activities that require the use of ICV equipment:

• (a)

  pursuing or otherwise following a vehicle with the intention of stopping or detaining the vehicle,

• (b)

  activities in relation to a vehicle that has been stopped or detained, or in relation to the driver or any occupant of the vehicle while in or about the vehicle (whether or not the vehicle was stopped or detained after being pursued or otherwise followed under paragraph (a)).

108CMandatory use of ICV equipment(1)

If a police vehicle is equipped with ICV equipment, the driver of the vehicle must ensure that while the vehicle is being used in the course of police activities that require the use of ICV equipment:

• (a)

  the ICV equipment is operated for the purpose of recording a view from the police vehicle of those activities, and

• (b)

  a conversation between the police officer and the driver or any occupant of a vehicle stopped or detained in the course of those activities is recorded by means of the ICV equipment.

(2)

The authority conferred by this section to record a conversation (the primary conversation) extends to authorise the recording of another conversation the recording of which is incidental to the recording of the primary conversation or that is inadvertently or unexpectedly recorded in the course of recording the primary conversation.

(3)

Any failure to operate ICV equipment or to record a conversation as required by this section:

• (a)

  does not of itself limit or otherwise affect the admissibility of evidence of any matter concerning the police activities to which the failure related, and

• (b)

  does not of itself result in any such evidence being evidence improperly or unlawfully obtained,

but this subsection does not otherwise affect the operation of any rules as to admissibility of evidence.

108DPerson to be informed that conversation will be recorded(1)

A police officer who records a conversation between the police officer and another person under this Part must inform the person (either immediately before recording of the conversation commences or as soon as practicable after recording has commenced) that the conversation will be recorded using police in-car video equipment.

(2)

This section does not apply to the recording of a conversation inadvertently or unexpectedly or incidentally to the recording of another conversation.

(3)

Recording of a conversation does not require the consent of the person and the authority conferred by this Part is not affected by any objection or refusal to consent by the person to the recording.

108ERecording not authorised after arrest(1)

A conversation between a police officer and a person must not be recorded under this Part after the person has been arrested.

(2)

This section does not apply to the recording of a conversation inadvertently or unexpectedly or during the period between the person’s arrest and the first reasonably practicable opportunity to discontinue recording of the conversation.

(3)

This section applies only to the recording of the sounds of a conversation. It does not apply to the recording of visual images of the conversation.

108FOperation of Listening Devices Act 1984

The recording of a conversation as authorised or required by this Part by means of ICV equipment does not constitute the use of a listening device for the purposes of the Listening Devices Act 1984.

108GICV recordings to be kept for 2 years

The Commissioner of Police must ensure that recordings made under this Part are kept for at least 2 years after they are made.

108HCorrupt disclosure and use of ICV recordings(1)

For the purposes of sections 62 (Corrupt disclosure and use of personal information by public sector officials) and 63 (Offering to supply personal information that has been disclosed unlawfully) of the Privacy and Personal Information Protection Act 1998, an ICV recording constitutes personal information about another person.

(2)

In this section:

ICV recording means any recording of visual images or sound made pursuant to this Part and includes a copy of such a recording and any part of any such recording or copy.

Note—

This section ensures that the protections against corrupt disclosure and use of personal information under the Privacy and Personal Information Protection Act 1998 will apply to ICV recordings. The maximum penalty for offences under those provisions is 100 penalty units or imprisonment for 2 years, or both.