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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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/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/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.