The Minns Labor Government has passed crucial legislation which strengthens the ability of the ICAC and other law enforcement agencies to tackle crime and corruption.
It comes after the Liberals and Nationals backed down on their attempts to block these critical laws.
The Surveillance Devices Amendment (Public Interest Exceptions) Bill 2026 passed both houses of NSW Parliament late on Thursday, after the Government successfully moved a motion calling on the Liberals and Nationals to support the Bill's immediate passage.
The Government first introduced this legislation in October last year, only to be blocked by the Liberals and the Nationals teaming up with the Greens to scupper the Bill.
The Government reintroduced the legislation in February, but again the Opposition moved to block it by proposing a warrant system that the ICAC made clear was unworkable and unduly unfettered its ability to investigate corruption.
The Bill will introduce a public interest exception so that individuals or organisations who come into possession of unlawfully made surveillance recordings, but were not involved in making them, can share them with law enforcement without fear of prosecution, provided they act promptly.
Currently, there is no such protection for people acting in the public interest to report crime or corruption.
The Independent Commission Against Corruption currently has a temporary exemption by way regulation under the Surveillance Devices Act 2007.
This Bill will enshrine that and extend a public interest exception to the NSW Police Force, Law Enforcement Conduct Commission and the NSW Crime Commission.
Importantly, the reforms do not - and never did - greenlight recording someone without consent or committing offences such as trespass.
Attorney General Michael Daley said:
"For months, the Opposition has sought to hinder the ICAC from doing its job by refusing to give it the powers it requested.
"The Opposition said they'd back it if we limited the powers to law enforcement, and we did, only for them to look for another way to try and defeat this crucial legislation.
"It defies logic that the Opposition had to be dragged kicking and screaming to this point.
"Meanwhile, the Minns Labor Government has been the adult in the room to make this crime and corruption busting legislation a reality."
Special Minister of State John Graham said:
"At the end of the day this was a simple decision, it was about allowing ICAC to access evidence that could uncover corruption when it occurs. Thankfully those powers are now law, and the people of NSW will be safer from corruption as a result.
"New technology changes the nature of evidence that is collected in the community. We have to allow ICAC to keep up, by using the best evidence available.
"This was another classic example of the NSW Liberals being completely wishy-washy on a serious policy matter. If they don't know where they stand on corruption, it's no wonder they don't know where they stand on so many other issues."
