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Document 2 - Page 1 of 2
From:
s 22(1)
on behalf of s 47E(d)
To:
ESPB
Cc:
s 22(1)
Subject:
FW: Applications for ongoing access to telecommunications data - Department of Human Services
[DLM=For-Official-Use-Only]
Date:
Thursday, 3 September 2015 2:47:39 PM
Attachments:
image001.jpg
Good afternoon s 22(1)
I have been requested by Karl Marjoribanks (a/g National Manager, Serious Non-compliance
Branch, Business Integrity Division, DHS) to seek an update regarding our application for ongoing
access to telecommunications data.
To-date we have not received advice as to whether our application was successful. We would
appreciate any information that you are able to provide regarding our application.
Kind regards
s 22(1)
Coordination – Business Support| Serious Non-compliance Branch
Business Integrity Division | Department of Human Services
E: s 47E(d)
Louisa Lawson Building | 25 Cowlishaw St Greenway ACT 2900
s 22(1)
From: ESPB [mailto:xxxx@xx.xxx.xx]
Sent: Wednesday, 1 July 2015 3:01 PM
To: Withnell, Mark
Subject: Applications for ongoing access to telecommunications data - Department of
Human Services [DLM=For-Official-Use-Only]
For Official Use Only
Dear Mark
Following up a call with s 22(1), I am sending an email regarding AGDs assessment of
the Department of Human Services’ (DHS) application to obtain ongoing access to
telecommunications data.
I would be grateful if you would provide responses to the questions below so AGD can
progress the application.
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I understand that DHS administers the offences under the Criminal Code Act 1995 and
the Crimes Act 1914. Grateful if you would provide further details in relation to:
- Specific penalties imposed by the legislation
- The role of telecommunications data in enforcing the legislation (if possible,
include case studies)
- Whether DHS has alternative methods to progress the investigation instead of
accessing telecommunications data
If DHS obtains ongoing access to telecommunications data, it will be subject to additional
record-keeping and oversight requirements. Further information about these
requirements can be found here. Please provide an undertaking that the DHS is aware
of these requirements and intends to comply with them. We ask that such an
undertaking be made by an individual who has the authority to bind the Department of
Health.
Thank you for your assistance in this matter, I would appreciate if you would provide
your response by
COB Thursday 2 July 2015. Do not hesitate to contact me if you wish
to discuss your application further.
Kind regards
s 22(1)
| Legal Officer
Electronic Surveillance Policy Branch
Attorney-General's Department |3-5 National Circuit |Barton ACT 2600
* s 22(1)
| ( s 22(1)
If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.
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IMPORTANT: This e-mail is for the use of the intended recipient only and may contain
information that is confidential, commercially valuable and/or subject to legal or
parliamentary privilege. If you are not the intended recipient you are notified that any
review, re-transmission, disclosure, dissemination or other use of, or taking of any action
in reliance upon, this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately and delete all
electronic and hard copies of this transmission together with any attachments. Please
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Document 3 - Page 1 of 1
From:
ESPB
To:
s 22(1)
Cc:
ESPB
Subject:
Enforcement agency access to telecommunications data - DHS [DLM=For-Official-Use-Only]
Date:
Wednesday, 14 October 2015 3:04:28 PM
Attachments:
image001.jpg
For Official Use Only
Dear s 22(1)
Thank you for your call this afternoon in relation to the Department of Human Service’s interest
in being temporarily declared as an enforcement agency following the enactment of the
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015.
As discussed, the Attorney-General has not yet determined to make any temporary declarations
at this time, including in relation to your agency. Consequently, from 13 October 2015, only
those criminal law-enforcement agencies specifically listed in section 110A of the Act will be able
to directly access historical telecommunications data. We continue to work with the Attorney on
the range of issues raised by affected agencies, and will update you on any developments.
You may wish to consider alternative means of accessing historical telecommunications data.
This could include joint investigation arrangements with a criminal law-enforcement agency. You
may wish to contact an appropriate criminal law-enforcement agency to determine whether that
is feasible. You may also wish to obtain legal advice about whether your agency could access
telecommunications data under section 280 of the
Telecommunications Act 1997.
Please do not hesitate to contact s 22(1)
on s 22(1)
or myself if you have any
further questions about this matter.
Kind regards,
s 22(1)
s 22(1)
| Legal Officer
Electronic Surveillance Policy Branch
Attorney-General's Department |3-5 National Circuit |Barton ACT 2600
* s 22(1)
| ( s 22(1)
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Document 4 - Page 2 of 3
If you require further assistance or would like to discuss this matter in more detail, please
contact s 22(1)
Director of the Electronic Surveillance Policy Section on s 22(1)
or email s 22(1)
.
Thank you again for writing in relation to this matter.
Kind regards
s 22(1)
| Legal Officer
Communications Security Branch|Attorney-General's Department
s 22(1)
| s 22(1)
From: ESPB
Sent: Tuesday, 26 May 2015 4:22 pm
To:
Subject: Enforcement agency access to telecommunications data [SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear Colleagues,
I am writing to advise you about changes to the
Telecommunications (Interception and Access)
Act 1979 that will affect your agency’s ability to access to historical telecommunications data. A
letter in similar terms to this email (from Katherine Jones, the Deputy Secretary of the National
Security and Criminal Justice Group of the Attorney-General’s Department) to the chief executive
of your organisation is in the post.
Background
The
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 will
come into effect on 13 October 2015. The data retention legislation will ensure that law
enforcement and national security agencies will continue to have the information they need to
keep the community safe. To better protect individual privacy, Parliament reduced the number
of agencies that may access telecommunications data from around eighty to twenty‑one.
Our records indicate that your agency has accessed telecommunications data under
the
Telecommunications (Interception and Access) Act 1979 in the past
. However, your agency is
not included within the more limited access scheme commencing in October this year.
Next Steps
The legislative scheme reflects Parliament’s intent that access to telecommunications data be
limited to a small number of core agencies.
However, in the event you consider that your agency requires ongoing direct access to
telecommunications data, please write to the Attorney‑General’s Department via
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Document 4 - Page 3 of 3
xxxx@xx.xxx.xx by
12 June 2015. Your letter will need to make a compelling case for access
and clearly demonstrate an ability to uphold the privacy safeguards embedded in the data
retention scheme. In particular, section 176A of the Data Retention Act outlines a range of
matters relevant to the possible inclusion of additional agencies on a temporary basis which
should be addressed. I enclose a guidance document that may assist in considering whether
your agency may be suitable for inclusion within the scheme in future. Your advice on these
matters will assist the Department to advise the Attorney-General on appropriate access
arrangements.
For further assistance please contact Anna Harmer, Assistant Secretary of the Electronic
Surveillance Policy Branch on s 47E(d)
or s 22(1)
, Director of the Electronic
Surveillance Policy and Advice Section on s 22(1)
.
Kind regards
s 22(1)
Legal Officer
Electronic Surveillance Policy and Advice
Attorney-General's Department |3-5 National Circuit |Barton ACT 2600
* s 22(1)
| ( s 22(1)
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From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
s 22(1)
s 22(1)
Subject:
RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
Date:
Monday, 28 February 2022 2:23:52 PM
Attachments:
image001.jpg
image002.jpg
OFFICIAL
Hi s 22(1)
Much appreciated – looking forward to our discussion tomorrow.
Many thanks,
s 22(1)
Policy Officer | Electronic Surveillance Reform Policy Section
Electronic Surveillance Reform Project Team | Electronic Surveillance Division
Department of Home Affairs
P: s 22(1)
E: s 22(1)
Acknowledgement of Country - signature block graphic 2020
OFFICIAL
From: s 22(1)
<s 22(1)
>
Sent: Friday, 25 February 2022 3:07 PM
To: s 22(1)
s 22(1)
Cc: s 22(1)
; s 22(1)
; s 22(1)
Subject: RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
Hi s 22(1)
The approvals to release the above draft submission have not been provided in full.
However, I have permission to share the draft report for the purpose of facilitating a
conversation next week.
A final report is forthcoming, however the key points are unlikely to change. Please note
that the draft still requires SES approval and is not for publication, however provides a
understanding of our operating environment.
Thanks
s 22(1)
Assistant Director
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OFFICIAL
Hi s 22(1)
Thank you for sending this through, much appreciated.
Our team would love to start a discussion with yourself and colleagues to discuss your thoughts
on the submission and request for access to powers in more detail. We can then also run
through the project and our current thoughts and deadlines. Let me know a time that would
work for you, and we can send through a Webex meeting.
Given the ongoing working level discussions we are having with other Commonwealth agencies
regarding policy decisions for the new electronic surveillance framework, we would also like to
include Services Australia in the Working Group. If you could nominate the most appropriate
points of contact from your agency that would like to be part of these discussions, that would be
greatly appreciated. Other members attending the working group are typically around an EL2.
Additionally, if you are able to forward your SES1 contact’s details, I will forward this to our SES1
(Ashleigh McDonald) so they can reach out.
As always, feel free to call if there are any further questions.
Many thanks!
s 22(1)
Policy Officer | Electronic Surveillance Reform Policy Section
Electronic Surveillance Reform Project Team | Electronic Surveillance Division
Department of Home Affairs
P: s 22(1)
E: s 22(1)
Acknowledgement of Country - signature block graphic 2020
OFFICIAL
From: s 22(1)
>
Sent: Monday, 14 February 2022 3:44 PM
To: s 22(1)
>
Subject: RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
Hi s 22(1)
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OFFICIAL
From: s 22(1)
>
Sent: Thursday, 3 February 2022 1:08 PM
To: s 22(1)
>
Subject: RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
Hi s 22(1)
Are you available to have a quick discussion this week.
At this stage our branch is interested in seeking enforcement agency status, and will be
seeking support from the Secretary to put a submission through to you.
In the interim I am preparing a response to the discussion paper.
If you are available I can give you a call.
s 22(1)
, Assistant Director
Phone s 22(1)
)
Operational Policy Team
Operational Planning and Coordination / Intelligence and Investigation Branch
FRAUD CONTROL AND INVESTIGATIONS DIVISION
cid:image004.jpg@01D76682.23F0E350
s 22(1)
From: s 22(1)
>
Sent: Wednesday, 15 December 2021 9:05 AM
To: s 22(1)
>
Cc: s 22(1)
>
Subject: RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
OFFICIAL
HI s 22(1)
No worries. Thank you for the update.
Kind regards,
s 22(1)
Policy Officer | Electronic Surveillance Reform Policy Section
Electronic Surveillance Reform Project Team | Electronic Surveillance Division
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Department of Home Affairs
P: s 22(1)
E: s 22(1)
Acknowledgement of Country - signature block graphic 2020
OFFICIAL
From: s 22(1)
Sent: Tuesday, 14 December 2021 1:07 PM
To: s 22(1)
>
Subject: RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
Hi s 22(1)
Thanks for the email and apologies for the late reply.
We have a new executive in the fraud space in Services Australia, and presently they
are taking a brief period to assess whether an approach to be considered an
enforcement agency is appropriate for us.
Hopefully I will be back to you this week, otherwise it will be the first week in the new
year.
If you would like to discuss I am free this week.
s 22(1)
, Assistant Director
Phone s 22(1)
Operational Policy Team
Operational Planning and Coordination / Intelligence and Investigation Branch
FRAUD CONTROL AND INVESTIGATIONS DIVISION
cid:image004.jpg@01D76682.23F0E350
s 22(1)
From: s 22(1)
>
Sent: Tuesday, 7 December 2021 11:20 AM
To: s 22(1)
>; s 22(1)
>
Cc: s 22(1)
>; s 22(1)
>; s 22(1)
>
Subject: RE: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
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Document 5 - Page 9 of 11
OFFICIAL
Good afternoon both,
I am just following up on this email, and whether Services Australia is still considering
enforcement agency status under the Electronic Surveillance Reform.
Happy to discuss.
Thanks,
s 22(1)
Policy Officer | Electronic Surveillance Reform Policy Section
Electronic Surveillance Reform Project Team | Electronic Surveillance Division
Department of Home Affairs
P: s 22(1)
E: s 22(1)
Acknowledgement of Country - signature block graphic 2020
OFFICIAL
From: s 22(1)
Sent: Wednesday, 15 September 2021 3:14 PM
To: s 22(1)
>;
s 22(1)
>
Cc: Chris GOWER <CHRIS.GOWERs 47E(d)
>; s 22(1)
>; s 22(1)
>
Subject: Electronic surveillance reform - Questions to consider [SEC=OFFICIAL]
OFFICIAL
Good Afternoon s 22(1)
,
As part of the electronic surveillance reform, we are open to considering the need for agencies
to have access to electronic surveillance powers beyond those recommended by the
Comprehensive Review. In considering the need for powers it would be useful to get some
further details and operational case studies to support Services Australia’s position.
The key questions we are taking into account when considering whether an agency should have
access to a particular power are as follows:
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1. Does the agency need access to the particular electronic surveillance power to effectively
perform its functions?
2. Are there other effective mechanisms the agency could use to obtain the information it
needs?
3. Does the agency have appropriate privacy safeguards in place to deal with information
received through electronic surveillance?
4. Does the agency have appropriate processes in place to allow it to comply with the law (e.g.,
secure systems to ensure information is only used for permitted purposes, mechanisms
to identify when information is no longer required and should be destroyed, processes
to meet record-keeping and reporting requirements etc.)?
5. Is it in the public interest for the agency to have these powers?
6. Are there any other matters weighing in favour of or against giving the agency these powers?
Additionally, providing particular examples/case studies for the above questions would greatly
assist in our understanding and consideration.
Please do not hesitate to reach out to one of us if you have any questions.
Kind regards,
s 22(1)
Policy Officer | Electronic Surveillance Reform Policy Section
Electronic Surveillance Reform Project Team | Electronic Surveillance Division
Department of Home Affairs
P: s 22(1)
E: s 22(1)
Acknowledgement of Country - signature block graphic 2020
OFFICIAL
Important Notice: The content of this email is intended only for use by the individual or
entity to whom it is addressed. If you have received this email by mistake, please advise
the sender and delete the message and attachments immediately. This email, including
attachments, may contain confidential, sensitive, legally privileged and/or copyright
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Any review, retransmission, dissemination or other use of this information by persons or
entities other than the intended recipient is prohibited. The Department of Home Affairs
and ABF respect your privacy and have obligations under the Privacy Act 1988.
Unsolicited commercial emails MUST NOT be sent to the originator of this email.
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Document 5 - Page 11 of 11
parliamentary privilege. If you are not the intended recipient you are notified that any
review, re-transmission, disclosure, dissemination or other use of, or taking of any action
in reliance upon, this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately and delete all
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IMPORTANT: This e-mail is for the use of the intended recipient only and may contain
information that is confidential, commercially valuable and/or subject to legal or
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review, re-transmission, disclosure, dissemination or other use of, or taking of any action
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IMPORTANT: This e-mail is for the use of the intended recipient only and may contain
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review, re-transmission, disclosure, dissemination or other use of, or taking of any action
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have received this e-mail in error please notify the sender immediately and delete all
electronic and hard copies of this transmission together with any attachments. Please
consider the environment before printing this e-mail
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IMPORTANT: This e-mail is for the use of the intended recipient only and may contain
information that is confidential, commercially valuable and/or subject to legal or
parliamentary privilege. If you are not the intended recipient you are notified that any
review, re-transmission, disclosure, dissemination or other use of, or taking of any action
in reliance upon, this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately and delete all
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Document 7 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
Offences in Services Australia"s criminal investigations [SEC=OFFICIAL]
Date:
Tuesday, 1 March 2022 12:48:04 PM
Attachments:
image001.jpg
Hi s 22(1)
The Agency conducts criminal investigations across all the programs we administer and
offences are considered under a range of legislation including the Acts we administer
and the
Criminal Code Act 1995.
Our criminal investigations primarily consider offences relating to Part 7.3
Criminal Code
Act , in particular Division 135 and 136 offences which include fraudulent conduct and
false and misleading statements. Offences in these divisions have penalties ranging
from 12 months to 10 years imprisonment. Generally speaking, it is irregular for the
CDPP to charge under provisions of the legislation that we administer for identity related
crimes.
For matters involving identity fraud, identity takeover and hijacking of payments, where
telecommunications data is critical evidence, the offences considered are
Criminal Code
offences each carrying a penalty of 10 years imprisonment.
· Section 134.2(1) – Obtaining a financial advantage by deception
· Section 135.1 (1) – Obtaining a gain
· Section 135.1 (3) – Causing a loss
· Section 135.1 (5) – Causing a loss
· Section 145.1 (1) – Using a forged document
· Section 145.1 (3) – Using a forged document
Where we are investigating the actions of an individual in relation to fraud as a
customer, other offences in Part 7.3 of
Criminal Code Act are possibly more relevant
and they carry lower penalties. For example, when investigating a customer
misrepresenting their circumstances we may considered section 135.2 (2) Criminal
Code which carries a 12 month penalty.
Happy to discuss of you want more information.
s 22(1)
, Assistant Director
Phone s 22(1)
Operational Policy Team
Operational Planning and Coordination / Intelligence and Investigation Branch
FRAUD CONTROL AND INVESTIGATIONS DIVISION
cid:image004.jpg@01D76682.23F0E350
s 22(1)
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IMPORTANT: This e-mail is for the use of the intended recipient only and may contain
information that is confidential, commercially valuable and/or subject to legal or
parliamentary privilege. If you are not the intended recipient you are notified that any
review, re-transmission, disclosure, dissemination or other use of, or taking of any action
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Document 7 - Page 2 of 2
in reliance upon, this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately and delete all
electronic and hard copies of this transmission together with any attachments. Please
consider the environment before printing this e-mail
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Document 8 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
; s 22(1)
Subject:
FW: Services Australia Submission to ESR [SEC=OFFICIAL:Sensitive]
Date:
Thursday, 21 April 2022 1:57:15 PM
Attachments:
DRAFT - Services Australia response to Department of Home Affairs (002).pdf
image001.jpg
OFFICIAL: Sensitive
For your awareness.
s 22(1)
Policy Officer | Electronic Surveillance Reform Policy Section
Electronic Surveillance Reform Project Team | Electronic Surveillance and Law Enforcement Policy
Division
Department of Home Affairs
P: s 22(1)
E: s 22(1)
Acknowledgement of Country Signature Block Graphic 2022
OFFICIAL: Sensitive
From: s 22(1)
>
Sent: Thursday, 21 April 2022 1:56 PM
To: s 22(1)
; s 22(1)
Cc: s 22(1)
>; s 22(1)
>
Subject: Services Australia Submission to ESR [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Good afternoon s 22(1)
I am emailing to possibly get an update on Services Australia’s submission to the Electronic
Surveillance Reform Discussion Paper.
The Electronic Surveillance Reform Branch received a draft copy of Services Australia’s
submission in late February, but were informed that it was not SES-approved (see attached). We
have still yet to receive a formal submission from Services Australia.
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Document 8 - Page 2 of 2
We are now moving into the drafting phase of the reforms and would value Services Australia’s
input as we move forward.
Can we take the draft that was provided to ESRB as your formal submission?
Happy to discuss
Kind regards,
s 22(1)
s 22(1)
Policy Officer | ESR Governance & Engagement Section
Electronic Surveillance Reform Branch
Electronic Surveillance and Law Enforcement Policy Division
Department of Home Affairs
P: s 22(1)
E: s 22(1)
OFFICIAL: Sensitive
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