Legislative Assembly for the ACT: 2022 Week 07 Hansard (Monday, 15 August 2022) . . Page.. 2559 ..
(7) Further to part (6), if recorded, how is this information used and analysed, and how will it inform future reviews and adjustments to BWC guidelines and practices.
(8) Can the Minister provide a copy of the AFP Better Practice Guide – Body Worn Cameras (ACT Policing), as it does not appear to be on the ACT Policing website.
(9) What is the planned timing and scope of a review of the new scope and use of BWC, introduced in February 2022.
(10) Is ACT Policing systematically conducting audit logs of BWC footage and associated records to reduce the risk of mishandling footage and developing a measure of outcomes in camera use in legal proceedings and complaints; if so, can the Minister detail how these are being conducted, recorded and shared.
(11) How many times have members of the public requested access to footage.
(12) Of those requests referred to in part (11), how many requests have been granted.
(13) On what grounds have requests been refused, broken down by the categories listed in the Guidelines.
Mr Gentleman: The answer to the member’s question is as follows:
ACT Policing collects, records and stores Body Worn Camera (BWC) activated data. As part of best practice for ACT Policing officers, the device is to be ‘on’ at all times, with the onus being on the officer to justify the circumstances under which it is not.
The captured data is not routinely made accessible to the public. This does not however, negate an individual’s ability to make a request to view or obtain BWC recordings captured by a police officer in the ACT.
Section 6.17 of the Crimes (Surveillance Devices) Act, Body Worn Camera Guidelines 2022 states any person can submit a request to access recordings as long as the request adheres to the following legislative provisions:
• Australian Federal Police Act 1979 (Cth), s 60A;
• Freedom of Information Act 1982 (Cth); or
• Privacy Act 1988 (Cth) and Australian Privacy Principle 12.
Instances where BWC recordings may be released externally (only once appropriate authority has been granted under the relevant governance) include:
• when in relation to legal proceedings, to all parties and/ or their legal representatives;
• to other Government agencies;
• Third parties including insurance providers, or an individual who has been nominated in writing, to represent the individual requesting the footage; and
• media agencies.
Further information regarding how to request a copy of recordings or to submit a freedom information request is available on ACT Policing’s website.