Last night, the NSW Liberals and Nationals helped defeat the Minns Labor Government's Surveillance Devices and Other Legislation Amendment Bill 2025 in the Legislative Council after Labor refused to engage with reasonable amendments.
The Bill sought to significantly expand the ability of law enforcement agencies to receive and use recordings that were obtained illegally by third parties without prior judicial approval, undermining long-standing privacy protections and judicial oversight.
In a rare defeat for the Government in the Parliament, MPs from across the political spectrum united to defeat the Bill for a range of reasons.
However, the Minns Labor Government's failure to consult or consider reasonable amendments before seeking to expand law enforcement powers was critical to the Bill's failure. A growing habit of this Government.
Shadow Attorney General Damien Tudehope said the Opposition could not support legislation that tipped the balance too far in favour of the State at the expense of individual liberty.
"This Bill is yet another perfect example of overreach from the Minns Labor Government," Mr Tudehope said.
"For more than 40 years, NSW law has recognised that if law enforcement agencies want to intrude on private conversations, they must first get court approval by way of a warrant."
"This Bill would have weakened that safeguard by allowing law enforcement agencies to rely on illegally obtained recordings based on a vague and undefined 'public interest' test."
"In good faith, the Opposition proposed amendments to the Bill which were rejected by the Minns Labor Government out of hand, and as a result we could not support laws that would erode privacy, blur the separation of powers and weaken long-standing safeguards."
