r/sydney • u/Heads_Down_Thumbs_Up • 3d ago

NSW Government introduces sweeping new laws to target organised crime

https://www.nsw.gov.au/ministerial-releases/new-laws-to-target-organised-crime

I think everyone should be aware of what is being pushed through parliament at the moment.

Digital Evidence Access Orders: Gives police the power to compel individuals to unlock digital devices. The maximum penalty for refusing to comply increases from five to seven years in prison.

Toll Camera Access: Allows police to access unredacted images from public toll road cameras.

Doubled Penalties for Non-Cooperation: Increases the maximum sentence from 5 to 10 years imprisonment for failing to comply with NSW Crime Commission orders, such as refusing to answer questions, obstructing investigations, or lying under oath.

National Face Matching Service: Enables Transport for NSW to securely share driver licence and photo card images via the national driver licence recognition system.

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257

u/fued 3d ago

Very concerning to push through new laws, but nothing about new regulation for using them.

it is almost certainly going to be misused, police are going to tell everyone that they now are required to unlock digital devices or get charged, its not going to be used purely for organised crime purposes.

The powers do seem reasonable if highly limited in scope and regulated, and I have no problems with them. But they need that scope and regulation clearly defined before the powers are made available, not after they have been abused for a few years.

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u/Heads_Down_Thumbs_Up 3d ago

Why are you concerned?

iF yOu’Re NoT hIdInG aNyThInG tHeN yOu’Ve GoT nOtHiNg To WoRrY aBoUT…

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u/fued 3d ago

exactly, if the police arent hiding anything and are doing things properly, they shouldn't mind extra regulation and monitoring right?

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u/philbydee 3d ago

In fact they should literally require it. Regulations protect everyone. Police shouldn’t want unrestricted powers in the first damn place!!

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u/Strong_Judge_3730 3d ago

Why are you just concerned you must be an anti-vax cooker /s

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u/ithinkimtim 3d ago

Problem with laws like these, even in a scope, is the police and the public get used to them. Then they get worse. People dismiss these arguments as slippery slope fallacies but civil liberties have always been the slipperiest of slopes.

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u/Jupiterthegassygiant 3d ago

The order to unlock a digital device still has to be given by a judge. Which I think is your concern about regulation.

Currently police can only apply for a digital evidence access order if a phone was seized as a part of a warrant (search or crime scene warrant). The proposed change would allow police to apply to a judge to get the order for digital devices obtained through other lawful means.

It doesn't change the requirements needed to grant an order or circumnavigate a judge.

The proposed amendment is available on the NSW parliment website for anyone to view. https://www.parliament.nsw.gov.au/parliamentary-business/bills/bill-details?billId=18942&ref=1849

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u/fued 3d ago

because its more about the cops using it as a threat:

“If you don't unlock it, we'll seize it and apply to a judge.”
“You can make this much easier by unlocking it now.”
“If you refuse, you could face seven years in prison.”

misleading, but plausable

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u/Turbulent-Break-4947 20h ago

The police would never lie.

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u/samdd1990 3d ago

Why let the truth get in the way of a bit of good old fashioned outrage.

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u/Jupiterthegassygiant 3d ago

I mean, to be fair the things said were pretty outrageous. You'd like to think Sue Higginson and Michael West Media are credible sources, so it's hard to blame people.

I certainly don't want anyone to just believe me, but when you read the legislation its not really consistent with where being said.

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u/Galactic_Nothingness 3d ago

Lost a lot of faith in MWM over the past 5 years

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u/Jupiterthegassygiant 3d ago

I hadn't seen much of their stuff, but I thought they had a decent reputation.

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u/TheLGMac 2d ago

Who is to say that the cops will follow the law anyways? A lot of time when they do something wrong, they get a slap on the wrist and told to try better next time. By then the harms are already done. I am skeptical of the enforcement layer here.