ASIO and AFP – Your Rights
The Australian Security Intelligence Organisation (ASIO) is an agency that gathers intelligence relating to security, but it is not responsible for law enforcement. ASIO has the power to question you to gather intelligence, and even to detain you. However, ASIO officers do not carry guns, and they do not have the power to arrest you.
The other agency is the Australian Federal Police (AFP), which is the federal police force. The AFP investigates federal crimes, like terrorism, and enforces federal criminal law. AFP officers also have general police powers of search, arrest and detention. It is the AFP who would normally arrest you if you were suspected of committing a terrorism-related offence.
Can ASIO or AFP search my house?
ASIO can only search your house if they have a warrant. If the warrant specifies that they can only enter your premises at a certain time, you do not have to allow them access at other times. Make sure you check precisely what the warrant permits the ASIO officer to search.
A warrant may enable ASIO to search for any record or thing that they consider relevant to a security matter. They may search through any computer, electronic equipment, safe, box, drawer, parcel, envelope or other container. They may inspect, examine, copy and remove any record or thing.
The AFP, as distinct from ASIO, may also obtain a warrant to search a place or vehicle if they have reasonable grounds to suspect that evidence of a federal crime can be found at that moment, or at some time in the next three days.
A warrant to search premises allows the police to enter the place or car to search for and record fingerprints and other samples of things, to take photographs, and to record the search on video.
Can they search without a warrant?
ASIO is not allowed to search without a warrant.
However, the AFP may search without a warrant if the officer reasonably suspects that some evidence that needs to be seized urgently is in a car, and that it is likely to be hidden, lost or destroyed if it is not taken. In this case, then the officer may stop, detain and search the car for that evidence. If the police officer finds other evidence during the search, they may also take that away. During the search the police may examine any containers, such as boxes or suitcases, in or on the vehicle. However, when a police officer searches a car without a warrant, he or she must:
• perform the search in a public place;
• not detain the car once the search is complete;
• not damage any container when opening it, unless you refused to help open it.
Any item taken during a search without a warrant must be returned to you within 60 days unless it is to be used as evidence or a magistrate orders that it be retained.
Do I have to cooperate?
You should be cooperative as an ASIO warrant also authorises them to use force that is necessary and reasonable to do the things specified in the warrant.
When dealing with the AFP, you should also remain calm. It is a crime to harm, or threaten to harm, a police officer. You could be sent to prison for up to 13 years if you harm a police officer, or up to 9 years if you threaten to harm a police officer. It is also a crime punishable by up to 2 years imprisonment to obstruct, hinder, intimidate or resist a police officer who is performing his or her duties.
Can I watch them search through my things?
Yes. Generally search warrants do not allow them to detain you in any way, unless that is also authorised in the warrant. You are free to move about and they cannot stop you from being there in the same room they are searching, as long as you do not try to disrupt the search. You are also free to leave if you wish.
You have the right to observe the search unless you are under arrest or if you try to interfere with the search. However, the police can still search in more than one place on the premises at one time.
Can they search me?
When the law talks about searching a person, it specifies three different types of search:
frisk search: a search of a person where the officer quickly runs his or her hands over the person¡¦s outer garments. You can be asked to remove any clothing or hand over any items you are carrying for examination. However, the removal of clothing and handing over of items is voluntary and you do not need to comply with this request during a frisk search.
ordinary search: you may be asked to remove items like your overcoat, coat, jacket, gloves, shoes or hat to be examined. You must cooperate when asked to remove these items.
strip search: you may be asked to remove all of your clothes, and an officer can examine your clothes and your external body, but not your body cavities. A strip search must be done in private and by an officer of the same gender. With the exception of a medical doctor and family member, people of the opposite gender are not allowed to view the strip search. The officer must not remove more clothes, or look at you for longer than is necessary to determine whether you have a dangerous item or something that you could use to escape.
ASIO and the AFP do not have the power to conduct a strip search under a warrant to search your premises, and you should not give your consent to a strip search. They can only conduct a strip search if you have been detained (see Part 5 for information on Detention and Questioning). However, the warrant may authorise ASIO and the AFP to conduct a frisk search or an ordinary search on you if you are at, or near, the premises where a warrant is being executed. If they find anything, they may also have the power to inspect or examine the thing, make copies, or remove the thing from you altogether.
Can I stop an officer of the opposite gender from touching me?
The law says that ordinary and frisk searches must, if practicable, be conducted by a person of the same gender. A strip search must only be conducted by someone of the same gender.
If you are under arrest, or if an officer reasonably suspects that you have committed a crime, then he or she must caution you before asking you any questions. This means that they must tell you that you do not have to say or do anything, but anything you say or do may be used in evidence
Can I contact a lawyer, my family or an interpreter?
You have the right to contact a friend or relative to let them know where you are. You also have the right to contact a lawyer to ask them to be present when you are questioned. They can only refuse this if they reasonably believe that:
• your accomplices might hide from the police if they hear that you are in custody;
• evidence might be hidden, made up or destroyed;
• witnesses might be intimidated;
• the lives of people are in imminent danger and so questioning must start immediately.
If your lawyer is too slow in arriving, then the police must offer you another lawyer.
You also have the right to an interpreter, unless the police think that your English is good enough.
Can the police question me after I’m arrested?
Once the AFP has arrested you, they can detain you for questioning for a limited period without charging you with any offence. When questioning you they must record on tape or video any questions that they ask and the answers that you give. The police must give you or your lawyer a copy of the tape of any interviews within seven days.
Do I have to answer their questions?
Anything you say may be used against you in court, which is why you have the right to remain silent. This means that you do not have to answer any questions, and your choice to be silent cannot be used against you in court. Therefore it is best that you not say anything unless you get advice from your lawyer first.
However, you must give a police officer your name and address if you are asked. An officer can make a note of any actions you make, like laughing or shrugging your shoulders. So remain calm at all times and do not react to their questions if you choose to be silent.
ASIO Detention powers
Detention by ASIO is different to detention or arrest by AFP. ASIO has no power to arrest you, but they are allowed to question you and detain you if they believe it would help them gather intelligence in relation to a terrorism offence.
As with searching, ASIO needs a warrant in order to detain you. The warrant may require you to present yourself immediately or at a specific time for questioning, or it may authorise ASIO to take you into custody immediately for questioning. The warrant may also specify other things, for example, that you are not allowed to leave Australia for the period of the warrant, and you may be required to give them your passport.
What happens if I’m detained?
If you have been taken into custody under a warrant, you should be immediately brought before a prescribed authority for questioning. A prescribed authority is a former or serving senior Judge or the President or Deputy President of the Administrative Appeals Tribunal. This person acts as an independent person and is there to ensure that the questioning is conducted properly.
Remember, any questioning must occur before this prescribed authority. If you are alone in a room with an ASIO officer, you do not have to answer any questions.
During the questioning process they may ask you to provide information, or produce records or other things. They are allowed to make copies of any documents you provide. Your questioning will be video-recorded. They must let you know when any recording has started.
Do I have a right to have my lawyer present when they interrogate me?
Even though the warrant must specify that you are able to contact a lawyer if you are detained, the prescribed authority can prevent you from contacting your lawyer if he or she believes that your contacting that particular lawyer may alert another person that a terrorism offence is being investigated, or some document that you are required to produce may be destroyed, damaged or altered. If you are allowed to contact a lawyer, this contact may be monitored. Your lawyer must be provided with a copy of the warrant.
A lawyer may be allowed to be with you when you are being questioned, but they are not allowed to intervene in the questioning process except to ask for clarification of an ambiguous question. During breaks in questioning, ASIO must provide a reasonable opportunity for your lawyer to provide advice to you.
Your lawyer may be removed if the ASIO officer considers your lawyer is unduly disrupting the questioning. If this happens, you may contact another lawyer.
Do I have a right to silence? Can I be compelled to testify against myself?
You do not have the right to silence if you are detained for questioning by ASIO. This means that you are required by law to give any information ASIO requests under the warrant, even if the answer is self-incriminating. If you do not answer their questions, you could face a maximum penalty of 5 years.
Any information or evidence you provide to ASIO is not admissible as evidence against you in criminal proceedings. It is different to the situation where you have been arrested by the AFP for committing an offence, in which case the police must caution you that anything you say or do may be used in evidence against you.
How long can they question me?
ASIO can question you for 8 hours at a time and they may request permission from the prescribed authority to question you for 2 further 8-hour blocks. This means that the maximum period of time they can question you is 24 hours. If the prescribed authority does not give permission for further questioning, they must release you immediately. However, you must not be questioned continuously for more than 4 hours without being offered a break, and the breaks must be at least 30 minutes. They may continue to question you if you consent, but it is best to ask for a break.
If you are being questioned with an interpreter, the maximum period of time they can question you is 48 hours. If they are not allowed by the prescribed authority to ask you further questions, they must release you immediately.
How long can they detain me?
A warrant permits your detention for up to 48 hours, but they can seek permission from the prescribed authority to detain you for longer. The maximum period of detention under a warrant is 7 days. However, there is nothing to stop ASIO from applying for further warrants after your release.
Can I communicate with my family members?
You are not allowed to contact anyone at any time while you are detained. You do not have the right to contact a lawyer or family member unless such contact is specifically allowed by the warrant. However, you may contact the Inspector-General of Intelligence and Security or the Commonwealth Ombudsman if you want to make a complaint
At least once every 24 hours, the prescribed authority must explain to you that you can apply to the Federal Court to review your warrant, or seek a remedy in relation to their treatment of you under the warrant.
Can I be detained by ASIO if I am under 16 years old?
If you are under 16 years old, you cannot be detained or questioned. If you are forcibly taken into custody, you should let the prescribed authority know as soon as possible that you are under 16. They must not question you and you must be released immediately.
Can ASIO or the AFP use a listening device?
If they have a warrant, ASIO can use a listening device to record your communications. The warrant must not exceed a period of 6 months, although a new warrant can be issued once an old warrant has expired.
Under the warrants, both ASIO and the AFP may enter your premises and install, test, maintain, or remove a listening device. They may record your conversations, with or without your permission.
Can ASIO or the AFP tap my telephone or other communications?
The AFP can only intercept live communications, such as telephone calls, facsimiles, or internet chat sessions, if they have a telecommunications interception warrant. This warrant can also allow an officer to enter premises to install equipment for monitoring telecommunications, even without your permission.
A TI warrant is valid for up to 90 days, but the AFP can apply for another warrant if it expires. The warrant also expires immediately when the police no longer reasonably suspect you of committing a terrorist offence.
Can ASIO or the AFP look through my mail?
If they have a warrant, ASIO can have access to any postal parcel or any delivered parcel. This type of warrant will remain valid for 3 months. They may be authorised by a warrant to inspect, make copies of the articles, make copies of the cover of the articles, open the articles, and inspect and make copies of the contents. This may apply to items posted or delivered by you or being received by you.
Lodging a complaint against ASIO
If I want to complain about the conduct of an ASIO agent, what can I do?
It is a good idea to talk to your lawyer, or contact your local Community Legal Centre first, before making a complaint. A complaint about ASIO can be made orally or in writing to the Inspector General of Intelligence and Security (IGIS) within one year of the incident. The role of the IGIS is to monitor intelligence and security agencies, including ASIO, to conduct inquiries, and to investigate complaints. It is there to protect the rights of citizens and residents against possible excesses by agencies.
When making a complaint, you must be allowed to do so in private and not in front of any of the officers. The contact details of the IGIS can be found in Part 9 of this booklet. You also have the right to ask the Federal Court to review a warrant or their treatment of you under the warrant.
If I want to complain about the conduct of an AFP officer, what can I do?
You may complain by letter, telephone, fax, in person or online to:
any AFP office;
the Commonwealth Ombudsman; or
AFP Internal Investigations Division.
Again, it is a good idea to talk to your lawyer or local Community Legal Centre first before you make a complaint.
Where to go for help
General Information
If you would like to find out more about this area of the law, keep updated with the latest changes, or would like to get involved in working against these laws, you can visit one of these websites:
NSW Council of Civil Liberties www.nswccl.org.au
Victorian Council for Civil Liberties (Liberty Victoria) libertyvictoria.org.au
Legal Advice
New South Wales
Legal Aid Commission of NSW
Ground Floor
323 Castlereagh Street
Sydney NSW 2000
Tel: (02) 9219 5000
Fax: (02) 9219 5935
www.legalaid.nsw.gov.auLegal Aid Hotline for under 18s
Tel: 1800 101 810 Law Society of NSW (for referral to private lawyers)
170 Phillip Street
Sydney NSW 2000
Tel: (02) 9926 0333
www.lawsociety.com.au
Victoria
Victoria Legal Aid
350 Queen Street
Melbourne VIC 3000
Tel: (03) 9269 0234
www.legalaid.vic.gov.auLaw Institute for Victoria (for referral to private lawyers)
470 Bourke Street
Melbourne VIC 3000
Tel: (03) 9607 9311
www.liv.asn.au
Australian Capital Territory
Legal Aid Commission ACT
4 Mort Street
Canberra City ACT
Tel: 1300 654 314
Queensland
Legal Aid Queensland
44 Herschel Street
Brisbane QLD 4000
Tel: 1300 65 11 88
Fax: (07) 3238 3014
http://www.legalaid.qld.gov.au/gateway.asp
Queensland Law Society (for referral to private lawyers)
Law Society House
179 Ann Street
Brisbane Qld 4000
Tel: (07) 3842 5888
Fax: (07) 3842 5999
http://www.qls.com.au/
Contact details for complaints: ASIO
Inspector-General of Intelligence and Security
3-5 National Circuit
Barton ACT 2600
Tel: (02) 6271 5692
Fax: (02) 6271 5696
http://www.igis.gov.au
info@igis.gov.au
Contact details for complaints: Australian Federal Police
AFP National Headquarters
68 Northbourne Avenue
Canberra ACT 2601
Tel: (02) 6256 7777
AFP New South Wales Headquarters
110 Goulburn Street
Sydney NSW 2000
Tel: (02) 9286 4000
AFP Victoria Headquarters
383 Latrobe Street
Melbourne VIC 3000
Tel: (03) 9607 7777
AFP Queensland Headquarters
203 Wharf Street
Spring Hill QLD 4000
Tel: (07) 3222 1222
Commonwealth Ombudsman
An online complaint form available at:
www.comb.gov.au/complaints_investigations/default.htm
Complaints may be made for the cost of a local call from anywhere in Australia, on 1300 362 072.
National Office & Australian Capital Territory
Level 6, 1 Farrell Place
Canberra City ACT 2600
Tel: (02) 6276 0111
Fax: (02) 6249 7829
New South Wales
Level 7, North Wing
Sydney Central
477 Pitt Street
Sydney NSW 2000
Tel: (02) 9218 3000
Fax: (02) 9211 4402
Victoria
Level 10, Casselden Place
2 Lonsdale Street
Melbourne VIC 3000
Tel: (03) 9654 7355
Fax: (03) 9654 7949
Queensland
25th Floor, 288 Edward Street
Brisbane QLD 4000
Tel: (07) 3005 7000
Fax: (07) 3229 4010
Courtesy : Australian Muslim Civil Rights Advocacy Network (AMCRAN).
ASIO and AFP – Your Rights
The Australian Security Intelligence Organisation (ASIO) is an agency that gathers intelligence relating to security, but it is not responsible for law enforcement. ASIO has the power to question you to gather intelligence, and even to detain you. However, ASIO officers do not carry guns, and they do not have the power to arrest you.
The other agency is the Australian Federal Police (AFP), which is the federal police force. The AFP investigates federal crimes, like terrorism, and enforces federal criminal law. AFP officers also have general police powers of search, arrest and detention. It is the AFP who would normally arrest you if you were suspected of committing a terrorism-related offence.
Can ASIO or AFP search my house?
ASIO can only search your house if they have a warrant. If the warrant specifies that they can only enter your premises at a certain time, you do not have to allow them access at other times. Make sure you check precisely what the warrant permits the ASIO officer to search.
A warrant may enable ASIO to search for any record or thing that they consider relevant to a security matter. They may search through any computer, electronic equipment, safe, box, drawer, parcel, envelope or other container. They may inspect, examine, copy and remove any record or thing.
The AFP, as distinct from ASIO, may also obtain a warrant to search a place or vehicle if they have reasonable grounds to suspect that evidence of a federal crime can be found at that moment, or at some time in the next three days.
A warrant to search premises allows the police to enter the place or car to search for and record fingerprints and other samples of things, to take photographs, and to record the search on video.
Can they search without a warrant?
ASIO is not allowed to search without a warrant.
However, the AFP may search without a warrant if the officer reasonably suspects that some evidence that needs to be seized urgently is in a car, and that it is likely to be hidden, lost or destroyed if it is not taken. In this case, then the officer may stop, detain and search the car for that evidence. If the police officer finds other evidence during the search, they may also take that away. During the search the police may examine any containers, such as boxes or suitcases, in or on the vehicle. However, when a police officer searches a car without a warrant, he or she must:
• perform the search in a public place;
• not detain the car once the search is complete;
• not damage any container when opening it, unless you refused to help open it.
Any item taken during a search without a warrant must be returned to you within 60 days unless it is to be used as evidence or a magistrate orders that it be retained.
Do I have to cooperate?
You should be cooperative as an ASIO warrant also authorises them to use force that is necessary and reasonable to do the things specified in the warrant.
When dealing with the AFP, you should also remain calm. It is a crime to harm, or threaten to harm, a police officer. You could be sent to prison for up to 13 years if you harm a police officer, or up to 9 years if you threaten to harm a police officer. It is also a crime punishable by up to 2 years imprisonment to obstruct, hinder, intimidate or resist a police officer who is performing his or her duties.
Can I watch them search through my things?
Yes. Generally search warrants do not allow them to detain you in any way, unless that is also authorised in the warrant. You are free to move about and they cannot stop you from being there in the same room they are searching, as long as you do not try to disrupt the search. You are also free to leave if you wish.
You have the right to observe the search unless you are under arrest or if you try to interfere with the search. However, the police can still search in more than one place on the premises at one time.
Can they search me?
When the law talks about searching a person, it specifies three different types of search:
frisk search: a search of a person where the officer quickly runs his or her hands over the person¡¦s outer garments. You can be asked to remove any clothing or hand over any items you are carrying for examination. However, the removal of clothing and handing over of items is voluntary and you do not need to comply with this request during a frisk search.
ordinary search: you may be asked to remove items like your overcoat, coat, jacket, gloves, shoes or hat to be examined. You must cooperate when asked to remove these items.
strip search: you may be asked to remove all of your clothes, and an officer can examine your clothes and your external body, but not your body cavities. A strip search must be done in private and by an officer of the same gender. With the exception of a medical doctor and family member, people of the opposite gender are not allowed to view the strip search. The officer must not remove more clothes, or look at you for longer than is necessary to determine whether you have a dangerous item or something that you could use to escape.
ASIO and the AFP do not have the power to conduct a strip search under a warrant to search your premises, and you should not give your consent to a strip search. They can only conduct a strip search if you have been detained (see Part 5 for information on Detention and Questioning). However, the warrant may authorise ASIO and the AFP to conduct a frisk search or an ordinary search on you if you are at, or near, the premises where a warrant is being executed. If they find anything, they may also have the power to inspect or examine the thing, make copies, or remove the thing from you altogether.
Can I stop an officer of the opposite gender from touching me?
The law says that ordinary and frisk searches must, if practicable, be conducted by a person of the same gender. A strip search must only be conducted by someone of the same gender.
If you are under arrest, or if an officer reasonably suspects that you have committed a crime, then he or she must caution you before asking you any questions. This means that they must tell you that you do not have to say or do anything, but anything you say or do may be used in evidence
Can I contact a lawyer, my family or an interpreter?
You have the right to contact a friend or relative to let them know where you are. You also have the right to contact a lawyer to ask them to be present when you are questioned. They can only refuse this if they reasonably believe that:
• your accomplices might hide from the police if they hear that you are in custody;
• evidence might be hidden, made up or destroyed;
• witnesses might be intimidated;
• the lives of people are in imminent danger and so questioning must start immediately.
If your lawyer is too slow in arriving, then the police must offer you another lawyer.
You also have the right to an interpreter, unless the police think that your English is good enough.
Can the police question me after I’m arrested?
Once the AFP has arrested you, they can detain you for questioning for a limited period without charging you with any offence. When questioning you they must record on tape or video any questions that they ask and the answers that you give. The police must give you or your lawyer a copy of the tape of any interviews within seven days.
Do I have to answer their questions?
Anything you say may be used against you in court, which is why you have the right to remain silent. This means that you do not have to answer any questions, and your choice to be silent cannot be used against you in court. Therefore it is best that you not say anything unless you get advice from your lawyer first.
However, you must give a police officer your name and address if you are asked. An officer can make a note of any actions you make, like laughing or shrugging your shoulders. So remain calm at all times and do not react to their questions if you choose to be silent.
ASIO Detention powers
Detention by ASIO is different to detention or arrest by AFP. ASIO has no power to arrest you, but they are allowed to question you and detain you if they believe it would help them gather intelligence in relation to a terrorism offence.
As with searching, ASIO needs a warrant in order to detain you. The warrant may require you to present yourself immediately or at a specific time for questioning, or it may authorise ASIO to take you into custody immediately for questioning. The warrant may also specify other things, for example, that you are not allowed to leave Australia for the period of the warrant, and you may be required to give them your passport.
What happens if I’m detained?
If you have been taken into custody under a warrant, you should be immediately brought before a prescribed authority for questioning. A prescribed authority is a former or serving senior Judge or the President or Deputy President of the Administrative Appeals Tribunal. This person acts as an independent person and is there to ensure that the questioning is conducted properly.
Remember, any questioning must occur before this prescribed authority. If you are alone in a room with an ASIO officer, you do not have to answer any questions.
During the questioning process they may ask you to provide information, or produce records or other things. They are allowed to make copies of any documents you provide. Your questioning will be video-recorded. They must let you know when any recording has started.
Do I have a right to have my lawyer present when they interrogate me?
Even though the warrant must specify that you are able to contact a lawyer if you are detained, the prescribed authority can prevent you from contacting your lawyer if he or she believes that your contacting that particular lawyer may alert another person that a terrorism offence is being investigated, or some document that you are required to produce may be destroyed, damaged or altered. If you are allowed to contact a lawyer, this contact may be monitored. Your lawyer must be provided with a copy of the warrant.
A lawyer may be allowed to be with you when you are being questioned, but they are not allowed to intervene in the questioning process except to ask for clarification of an ambiguous question. During breaks in questioning, ASIO must provide a reasonable opportunity for your lawyer to provide advice to you.
Your lawyer may be removed if the ASIO officer considers your lawyer is unduly disrupting the questioning. If this happens, you may contact another lawyer.
Do I have a right to silence? Can I be compelled to testify against myself?
You do not have the right to silence if you are detained for questioning by ASIO. This means that you are required by law to give any information ASIO requests under the warrant, even if the answer is self-incriminating. If you do not answer their questions, you could face a maximum penalty of 5 years.
Any information or evidence you provide to ASIO is not admissible as evidence against you in criminal proceedings. It is different to the situation where you have been arrested by the AFP for committing an offence, in which case the police must caution you that anything you say or do may be used in evidence against you.
How long can they question me?
ASIO can question you for 8 hours at a time and they may request permission from the prescribed authority to question you for 2 further 8-hour blocks. This means that the maximum period of time they can question you is 24 hours. If the prescribed authority does not give permission for further questioning, they must release you immediately. However, you must not be questioned continuously for more than 4 hours without being offered a break, and the breaks must be at least 30 minutes. They may continue to question you if you consent, but it is best to ask for a break.
If you are being questioned with an interpreter, the maximum period of time they can question you is 48 hours. If they are not allowed by the prescribed authority to ask you further questions, they must release you immediately.
How long can they detain me?
A warrant permits your detention for up to 48 hours, but they can seek permission from the prescribed authority to detain you for longer. The maximum period of detention under a warrant is 7 days. However, there is nothing to stop ASIO from applying for further warrants after your release.
Can I communicate with my family members?
You are not allowed to contact anyone at any time while you are detained. You do not have the right to contact a lawyer or family member unless such contact is specifically allowed by the warrant. However, you may contact the Inspector-General of Intelligence and Security or the Commonwealth Ombudsman if you want to make a complaint
At least once every 24 hours, the prescribed authority must explain to you that you can apply to the Federal Court to review your warrant, or seek a remedy in relation to their treatment of you under the warrant.
Can I be detained by ASIO if I am under 16 years old?
If you are under 16 years old, you cannot be detained or questioned. If you are forcibly taken into custody, you should let the prescribed authority know as soon as possible that you are under 16. They must not question you and you must be released immediately.
Can ASIO or the AFP use a listening device?
If they have a warrant, ASIO can use a listening device to record your communications. The warrant must not exceed a period of 6 months, although a new warrant can be issued once an old warrant has expired.
Under the warrants, both ASIO and the AFP may enter your premises and install, test, maintain, or remove a listening device. They may record your conversations, with or without your permission.
Can ASIO or the AFP tap my telephone or other communications?
The AFP can only intercept live communications, such as telephone calls, facsimiles, or internet chat sessions, if they have a telecommunications interception warrant. This warrant can also allow an officer to enter premises to install equipment for monitoring telecommunications, even without your permission.
A TI warrant is valid for up to 90 days, but the AFP can apply for another warrant if it expires. The warrant also expires immediately when the police no longer reasonably suspect you of committing a terrorist offence.
Can ASIO or the AFP look through my mail?
If they have a warrant, ASIO can have access to any postal parcel or any delivered parcel. This type of warrant will remain valid for 3 months. They may be authorised by a warrant to inspect, make copies of the articles, make copies of the cover of the articles, open the articles, and inspect and make copies of the contents. This may apply to items posted or delivered by you or being received by you.
Lodging a complaint against ASIO
If I want to complain about the conduct of an ASIO agent, what can I do?
It is a good idea to talk to your lawyer, or contact your local Community Legal Centre first, before making a complaint. A complaint about ASIO can be made orally or in writing to the Inspector General of Intelligence and Security (IGIS) within one year of the incident. The role of the IGIS is to monitor intelligence and security agencies, including ASIO, to conduct inquiries, and to investigate complaints. It is there to protect the rights of citizens and residents against possible excesses by agencies.
When making a complaint, you must be allowed to do so in private and not in front of any of the officers. The contact details of the IGIS can be found in Part 9 of this booklet. You also have the right to ask the Federal Court to review a warrant or their treatment of you under the warrant.
If I want to complain about the conduct of an AFP officer, what can I do?
You may complain by letter, telephone, fax, in person or online to:
any AFP office;
the Commonwealth Ombudsman; or
AFP Internal Investigations Division.
Again, it is a good idea to talk to your lawyer or local Community Legal Centre first before you make a complaint.
Where to go for help
General Information
If you would like to find out more about this area of the law, keep updated with the latest changes, or would like to get involved in working against these laws, you can visit one of these websites:
NSW Council of Civil Liberties www.nswccl.org.au
Victorian Council for Civil Liberties (Liberty Victoria) libertyvictoria.org.au
Legal Advice
New South Wales
Legal Aid Commission of NSW
Ground Floor
323 Castlereagh Street
Sydney NSW 2000
Tel: (02) 9219 5000
Fax: (02) 9219 5935
www.legalaid.nsw.gov.auLegal Aid Hotline for under 18s
Tel: 1800 101 810 Law Society of NSW (for referral to private lawyers)
170 Phillip Street
Sydney NSW 2000
Tel: (02) 9926 0333
www.lawsociety.com.au
Victoria
Victoria Legal Aid
350 Queen Street
Melbourne VIC 3000
Tel: (03) 9269 0234
www.legalaid.vic.gov.auLaw Institute for Victoria (for referral to private lawyers)
470 Bourke Street
Melbourne VIC 3000
Tel: (03) 9607 9311
www.liv.asn.au
Australian Capital Territory
Legal Aid Commission ACT
4 Mort Street
Canberra City ACT
Tel: 1300 654 314
Queensland
Legal Aid Queensland
44 Herschel Street
Brisbane QLD 4000
Tel: 1300 65 11 88
Fax: (07) 3238 3014
http://www.legalaid.qld.gov.au/gateway.asp
Queensland Law Society (for referral to private lawyers)
Law Society House
179 Ann Street
Brisbane Qld 4000
Tel: (07) 3842 5888
Fax: (07) 3842 5999
http://www.qls.com.au/
Contact details for complaints: ASIO
Inspector-General of Intelligence and Security
3-5 National Circuit
Barton ACT 2600
Tel: (02) 6271 5692
Fax: (02) 6271 5696
http://www.igis.gov.au
info@igis.gov.au
Contact details for complaints: Australian Federal Police
AFP National Headquarters
68 Northbourne Avenue
Canberra ACT 2601
Tel: (02) 6256 7777
AFP New South Wales Headquarters
110 Goulburn Street
Sydney NSW 2000
Tel: (02) 9286 4000
AFP Victoria Headquarters
383 Latrobe Street
Melbourne VIC 3000
Tel: (03) 9607 7777
AFP Queensland Headquarters
203 Wharf Street
Spring Hill QLD 4000
Tel: (07) 3222 1222
Commonwealth Ombudsman
An online complaint form available at:
www.comb.gov.au/complaints_investigations/default.htm
Complaints may be made for the cost of a local call from anywhere in Australia, on 1300 362 072.
National Office & Australian Capital Territory
Level 6, 1 Farrell Place
Canberra City ACT 2600
Tel: (02) 6276 0111
Fax: (02) 6249 7829
New South Wales
Level 7, North Wing
Sydney Central
477 Pitt Street
Sydney NSW 2000
Tel: (02) 9218 3000
Fax: (02) 9211 4402
Victoria
Level 10, Casselden Place
2 Lonsdale Street
Melbourne VIC 3000
Tel: (03) 9654 7355
Fax: (03) 9654 7949
Queensland
25th Floor, 288 Edward Street
Brisbane QLD 4000
Tel: (07) 3005 7000
Fax: (07) 3229 4010
Courtesy : Australian Muslim Civil Rights Advocacy Network (AMCRAN).