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NSW Police refuse to confirm or deny whether children used in stings NSW Police refuse to confirm or deny whether children used in stings
(3 months later)
New South Wales police are refusing to release documents that would reveal whether children are recruited for use in undercover police operations.New South Wales police are refusing to release documents that would reveal whether children are recruited for use in undercover police operations.
The police refused to confirm or deny the existence of any authorisations since 2009 for “controlled operations” – which can include drug and organised crime cases in which civilians are recruited to act in police missions – that involved children. The police refused to confirm or deny the existence of any authorisations since 2009 for “controlled operations” – which can include drug and organised crime cases in which civilians are recruited to act in police missions – that involved children.
Guardian Australia made a Government Information Public Access (Gipa) request for information on such authorisations.Guardian Australia made a Government Information Public Access (Gipa) request for information on such authorisations.
In an unusual response, the acting coordinator of the Information Access and Subpoena Unit, Letty Mufale, said that “even confirming or denying the existence of any such documents would also be against the public interest”.In an unusual response, the acting coordinator of the Information Access and Subpoena Unit, Letty Mufale, said that “even confirming or denying the existence of any such documents would also be against the public interest”.
Mufale said confirming the existence of the authorisations could reveal the identity of an informant, prejudice the supply of information and would not be in the interests of children who might be involved.Mufale said confirming the existence of the authorisations could reveal the identity of an informant, prejudice the supply of information and would not be in the interests of children who might be involved.
It is rare for government agencies to refuse to confirm the existence of documents. The Gipa Act requires agencies to demonstrate a high level of harm that could flow from release of the information in such cases.It is rare for government agencies to refuse to confirm the existence of documents. The Gipa Act requires agencies to demonstrate a high level of harm that could flow from release of the information in such cases.
NSW police have been criticised for aspects of their reporting of controlled operations in successive reports by the NSW Ombudsman.NSW police have been criticised for aspects of their reporting of controlled operations in successive reports by the NSW Ombudsman.
NSW Greens upper house member David Shoebridge said the decision on the documents appeared difficult to justify.NSW Greens upper house member David Shoebridge said the decision on the documents appeared difficult to justify.
“There is a strong public interest in understanding the extent to which, if any, the police are using children in the course of controlled operations. One would have thought that would mitigate in favour of providing the information,” he said.“There is a strong public interest in understanding the extent to which, if any, the police are using children in the course of controlled operations. One would have thought that would mitigate in favour of providing the information,” he said.
“The fact that police do or don’t use minors in the course of controlled operations isn’t obviously something that should be protected from disclosure. It’s hardly unlocking the deepest secrets of undercover policing.”“The fact that police do or don’t use minors in the course of controlled operations isn’t obviously something that should be protected from disclosure. It’s hardly unlocking the deepest secrets of undercover policing.”
He said if the police refused to provide the information the Ombudsman’s office should consider making information available as part of its annual report.He said if the police refused to provide the information the Ombudsman’s office should consider making information available as part of its annual report.
A spokeswoman for the Ombudsman’s office said it was open for them to include information they believed would be relevant in their annual reports, but added the documents provided for their inspection by NSW Police don’t include the age of undercover participants.A spokeswoman for the Ombudsman’s office said it was open for them to include information they believed would be relevant in their annual reports, but added the documents provided for their inspection by NSW Police don’t include the age of undercover participants.
“The documents we inspect do not generally include information about the age of authorised civilian participants and we have not considered including this type of information in our report,” she said.“The documents we inspect do not generally include information about the age of authorised civilian participants and we have not considered including this type of information in our report,” she said.
“The use of minors as authorised civilian participants has not been a focus of our inspections or oversight of Controlled Operations and we have not received information or complaints that there are issues with the use of minors in controlled operations.”“The use of minors as authorised civilian participants has not been a focus of our inspections or oversight of Controlled Operations and we have not received information or complaints that there are issues with the use of minors in controlled operations.”
In January, the former NSW premier Barry O’Farrell raised the possibility of children being used to catch alcohol vendors selling to minors.In January, the former NSW premier Barry O’Farrell raised the possibility of children being used to catch alcohol vendors selling to minors.
At the time a police spokesman told Guardian Australia: “While there is nothing in the Law Enforcement (Controlled Operations) Act 1997 that specifically prevents the use of juveniles,” there were checks in place to ensure they would be used appropriately.At the time a police spokesman told Guardian Australia: “While there is nothing in the Law Enforcement (Controlled Operations) Act 1997 that specifically prevents the use of juveniles,” there were checks in place to ensure they would be used appropriately.
“The age of the civilian participant would be a relevant consideration in assessing the degree of 'likelihood' of serious endangerment to health,” he said.“The age of the civilian participant would be a relevant consideration in assessing the degree of 'likelihood' of serious endangerment to health,” he said.