Mr GREG PIPER (Lake Macquarie) (12:28): I contribute to debate on the Crimes and Other Legislation Amendment (Further Organised Crimes Reforms) Bill 2026, specifically regarding the proposed expansion of the digital evidence access order [DEAO] scheme. Schedule 2 would amend the Law Enforcement (Powers and Responsibilities) Act 2002 to create a new type of digital evidence access order that would be available in connection with organised crime investigations. The new type of DEAO would be available in an investigation of an organised crime offence, being a "serious offence" that is linked to organised crime. The bill provides a list of those serious offences, which include, among others, offences prescribed by the regulations. In her second reading speech, the Minister for Police and Counter‑terrorism said:
Limiting the scope of the DEAO (organised crime) to the organised crime context will ensure that the proposed power does not expand the use of these orders to lower level offending that is not linked or associated with organised crime, as this is not the focus of these reforms.
The Minister also provided that the reform was prompted by the statutory review of the 2022 reforms. Further, she said that the bill will:
… enable police to apply for a DEAO in relation to devices that are lawfully seized in the context of organised crime investigations where a search warrant or crime scene warrant had not been sought. This supports timely police access to critical digital evidence in fast-moving organised crime investigations where delays can risk loss, encryption or remote wiping of data.
Noting the intrusive nature of DEAOs generally, the serious penalties for noncompliance with an organised crime DEAO and the process for obtaining one—including that it is not required to be in connection with a warrant and is applied for after the device is lawfully seized—it is vital that the focus of the reform is kept front of mind. It must be periodically assessed to ensure that the policy intent of the provisions remains valid and that their terms are appropriate for achieving the objectives.
I foreshadow that I will move an amendment to require regular statutory review of the bill's proposed DEAO provisions, along with the existing DEAO scheme, which is not currently subject to ongoing review. The amendment aims to ensure that the department and the Parliament, in which those reviews are tabled, remain critical and vigilant about the operation and impact of DEAOs. I also note that the statutory review of the 2022 reforms made other recommendations for further consideration regarding the DEAO scheme that I believe are vital to informing its operation, its effectiveness and its impact on individuals' rights and liberties.
That includes, without limitation, the following recommendations. First, the NSW Police Force should consider options to more effectively capture information that can illustrate the use of DEAOs. That includes information about the type of offences they are used in connection with, which can enable future consideration of their value for law enforcement across different types of offences. Second, law enforcement agencies should take action on the issues raised by the Information and Privacy Commission concerning the maintenance of accurate records and compliance with privacy legislation in implementing DEAOs.
Information about the use of DEAOs, as well as privacy and record-keeping considerations, inform the subject matter of the proposed statutory review. I call on the Government to explain the action it is taking to address those recommendations. With the rise in and evolution of organised crime, I understand the Police Force needs new and different tools to respond to increasing violence. However, we must be critical and must continually review any intrusive powers given to ensure they do not unduly trespass on personal rights and liberties and are, in fact, necessary to fight crime and keep people safe.
Finally, it would be remiss of me not to comment on the Government's proposed amendments to the bill, which would, among other things, expand serious indictable offences for children. That would mean children charged with offences must be committed to the District Court or Supreme Court and could be sentenced as adults. Those amendments respond to the organised crime shootings we have seen in Sydney. I believe that any Government faced with the recent surge in violence would take steps to protect public safety. However, despite the seriousness of the proposed provisions, they will not lay on the table for five full calendar days before they are debated, in accordance with regular procedure. That is because they will be introduced as amendments to existing legislation rather than as a separate bill. I take this opportunity to urge against rushing through legislation that deprives members and the broader community of the opportunity to grapple with the implications and nature of reform, particularly in the case of legislation such as this bill, which is quite complicated. It deserves to be given greater scrutiny. However, at this stage I support the intent of the legislation. I support the bill with amendment.