Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Bill 2009 Print E-mail

On 5 March 2009 the ASICJ issued a media release condemning proposed new police powers that will enable police to carry out covert searches of the homes and businesses of NSW citizens without having to inform the owners for up to three years. The new powers infringe personal rights and liberties, particularly in relation to persons not suspected of serious criminal activity. It appears that there may not have been a public consultation in relation to the proposed legislation. The President commented on the effect of the powers as follows:

“In fighting crime the end does not justify the means. We should not lightly cast aside safeguards against invasion of privacy on what might be a suspicion reasonably held but without actual foundation.
 
“This will, in effect, confer a police discretion to arbitrarily interfere with citizens’ privacy in breach of the Universal Declaration of Human Rights. The proposed safeguards will not be effective.”


The ASICJ has asked that the government to delay the legislation to allow business and the community to examine the potential implications of such wide-ranging powers. Click here to access a copy of the ASICJ’s media release.
 

 

 

   
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