Source · Select Committees · Human Rights (Joint Committee)
Recommendation 7
7
Paragraph: 67
It cannot be acceptable for CCAs to be made on the basis of an unreasonable...
Conclusion
It cannot be acceptable for CCAs to be made on the basis of an unreasonable belief in their necessity and proportionality. However, simply requiring the person authorising the criminal conduct to have an objectively reasonable belief could result Legislative Scrutiny: Covert Human Intelligence Sources (Criminal Conduct) Bill 33 in CHIS being prosecuted or subjected to civil claims unfairly. For this reason, it would be more effective for a test of objective reasonableness to be applied in the course of an independent judicial approval process.
Paragraph Reference:
67
Government Response
A response document is linked to this report, dated 11 January 2021. Response attribution to this conclusion has not been verified. Read the response document ↗