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ARTICLE · 23 JANUARY 2026

NSW Expands Surveillance Powers And Introduces Public Interest Protections

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The NSW Government has announced legislative reforms that will enhance the surveillance powers of investigative agencies including NSW's Independent Commission Against Corruption (ICAC).

AustraliaCriminal Law
Cameron Abbott
Cameron Abbott
Damien Timms
Damien Timms
Maryam Ahmed
Maryam Ahmed

The NSW Government has announced legislative reforms that will enhance the surveillance powers of investigative agencies including NSW's Independent Commission Against Corruption (ICAC).

Currently, under the Surveillance Devices Act 2007 (NSW) (the Act), it is an offence to use a listening device (such as a phone) to record a private conversation. It is also an offence for a person to publish or communicate a private conversation that has come to their knowledge unlawfully, such as through the unlawful use of a listening device.

In 2023, the ICAC sought a temporary exemption allowing it to use such unlawful recordings in investigations. This exemption, originally due to expire in 2026, will now be permanently embedded in legislation and extended to other statutory investigative bodies.

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