Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
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In our chapter on Cabramatta, we discuss <strong>the</strong> types <strong>of</strong> security measures found on identified drug premises in that LAC.<br />
In <strong>the</strong> Appendix to this report, we have documented <strong>the</strong> security measures police recorded on identified drug premises in o<strong>the</strong>r regions.<br />
5.5.2.3. CCTV surveillance cameras and police scanners<br />
As well as evidence <strong>of</strong> external or internal constructions, and o<strong>the</strong>r security devices, section 11(2)(b) <strong>of</strong> <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> includes<br />
any means or device for <strong>the</strong> purpose <strong>of</strong> giving alarm. 282 Two types <strong>of</strong> devices that were found on identified drug premises that could be<br />
used for this purpose were police radio scanners and surveillance cameras.<br />
Surveillance cameras were more commonly noted in reference to identified drug premises in LACs in <strong>the</strong> Greater Metropolitan Region<br />
(excluding Cabramatta), and in <strong>the</strong> Sou<strong>the</strong>rn Region, than in o<strong>the</strong>r LACs. Surveillance cameras were not noted as a feature <strong>of</strong> identified<br />
drug premises in Cabramatta.<br />
These cameras were usually linked to television monitors in <strong>the</strong> lounge rooms or bedrooms <strong>of</strong> premises. The presence <strong>of</strong> surveillance<br />
cameras was a factor in <strong>the</strong> police assessment that <strong>the</strong>se premises were drug premises. For example, one event narrative relating to <strong>the</strong><br />
use <strong>of</strong> <strong>the</strong> <strong>Act</strong> in <strong>the</strong> Sou<strong>the</strong>rn Region lists various items that were found on <strong>the</strong> premises, including drug paraphernalia, syringes and a<br />
mixing agent, and:<br />
… surveillance monitor linked to <strong>the</strong> external camera which was on at <strong>the</strong> time, a bright fluorescent light which was situated out <strong>the</strong><br />
front <strong>of</strong> <strong>the</strong> house. Due to <strong>the</strong>se items being located toge<strong>the</strong>r with <strong>the</strong> police intelligence obtained, <strong>the</strong> premises was declared a<br />
“drug premises”. 283<br />
Surveillance cameras were most commonly found on identified drug premises in <strong>the</strong> Greater Metropolitan Region. In relation to one<br />
premises in this region, police noted that intelligence indicated that <strong>the</strong> occupants <strong>of</strong> <strong>the</strong> unit had:<br />
… gone to great lengths to fortify <strong>the</strong> unit from any police raids by reinforcing <strong>the</strong> doors and [defendant’s name] had placed<br />
surveillance monitoring systems in various parts <strong>of</strong> <strong>the</strong> unit to monitor <strong>the</strong> movements <strong>of</strong> persons/vehicles attending <strong>the</strong> location. 284<br />
The unit had two surveillance cameras, one monitoring <strong>the</strong> driveway, and ano<strong>the</strong>r monitoring <strong>the</strong> front door. The pinhead CCTV camera at<br />
<strong>the</strong> front door was inside a milk box, and was attached, via a cable, to a monitor in <strong>the</strong> lounge room. The camera that was positioned to<br />
record images <strong>of</strong> <strong>the</strong> driveway was hooked up to a television monitor in <strong>the</strong> defendant’s bedroom. According to <strong>the</strong> event narrative, this<br />
camera was:<br />
… protruding from his bedroom window and pointed towards <strong>the</strong> main driveway <strong>of</strong> <strong>the</strong> unit complex. This camera was attached and<br />
in full operation mode to a monitor/TV in [<strong>the</strong> defendant’s] bedroom.<br />
This camera has <strong>the</strong> capability <strong>of</strong> monitoring all pedestrian and vehicular traffic to <strong>the</strong> whole unit block at [address]. The defendant’s<br />
would have been able to identify <strong>the</strong> police approaching from any direction in [street name]. 285<br />
<strong>Police</strong> also found a tool box containing a quantity <strong>of</strong> electrical items in <strong>the</strong> defendant’s bedroom, which police believed had been used to<br />
install, repair or replace <strong>the</strong> CCTV cameras. According to <strong>the</strong> event narrative, <strong>the</strong> defendant admitted to police that he had installed <strong>the</strong><br />
cameras in <strong>the</strong> unit. 286<br />
Ano<strong>the</strong>r premises in <strong>the</strong> Greater Metropolitan Region had surveillance cameras and a scanner tuned into <strong>the</strong> local police frequency.<br />
<strong>Police</strong> also noted that <strong>the</strong> occupants <strong>of</strong> <strong>the</strong> premises had four dogs. 287 According to <strong>the</strong> event narrative, <strong>the</strong> surveillance on <strong>the</strong> premises<br />
consisted <strong>of</strong> a:<br />
…sophisticated video camera monitoring system installed at <strong>the</strong> front entrance <strong>of</strong> <strong>the</strong> house. The cameras installed enabled <strong>the</strong><br />
defendant to monitor persons attending <strong>the</strong> front door <strong>of</strong> <strong>the</strong> house. A number <strong>of</strong> monitoring screens were situated in <strong>the</strong> lounge<br />
room and two screens in <strong>the</strong> main bedroom. Cameras attached to <strong>the</strong>se monitors were secreted in a pot plant at <strong>the</strong> front <strong>of</strong><br />
<strong>the</strong> house, a bedroom window frame and ano<strong>the</strong>r camera attached to an alarm device fixed under <strong>the</strong> eaves at <strong>the</strong> front <strong>of</strong> <strong>the</strong><br />
house. 288<br />
282 <strong>Police</strong> <strong>Powers</strong> (<strong>Drug</strong> <strong>Premises</strong>) <strong>Act</strong>, s. 11(2)(b).<br />
283 COPS event narrative, Sou<strong>the</strong>rn Region, <strong>Drug</strong> <strong>Premises</strong> Incident 1.<br />
284 COPS event narrative, Greater Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 25.<br />
285 Ibid. Two occupiers <strong>of</strong> <strong>the</strong> premises were charged with allowing <strong>the</strong>ir premises to be used as drug premises and giving alarm/obstructing and<br />
delaying a police <strong>of</strong>ficer.<br />
286 COPS event narrative, Greater Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 25. Two occupiers <strong>of</strong> <strong>the</strong> premises were charged with both allowing<br />
<strong>the</strong>ir premises to be used as drug premises and with giving alarm/obstructing and delaying a police <strong>of</strong>ficer.<br />
287 COPS event narrative, Greater Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 34.<br />
288 Ibid.<br />
<strong>NSW</strong> Ombudsman<br />
<strong>Review</strong> <strong>of</strong> <strong>the</strong> <strong>Police</strong> <strong>Powers</strong> (<strong>Drug</strong> <strong>Premises</strong>) <strong>Act</strong> <strong>2001</strong> 59