Law enforcement agencies are given considerable covert information gathering powers under legislation. It is the role of the Commonwealth Ombudsman to ensure that such powers are used lawfully.

Surveillance devices used by law enforcement agencies include optical, listening, tracking and data recording devices. While there is, in most circumstances, no law against using such devices in public, when police enter premises and install such devices without the owner of the premise knowing, proper justification needs to be given and approval obtained.

The most recent Ombudsman report tabled in Parliament today covers inspections of the Australian Federal Police (AFP) and the Australian Crime Commission in the second half of last year and looks at their compliance with requirements for the use of surveillance devices.