Oversight Commissioner

Donald McKenzie, the current Surveillance Devices Commissioner under the Surveillance Devices Act 2007, has in addition been appointed as the Oversight Commissioner under two Acts:

• The Drug Supply Prohibition Order Pilot Scheme Act 2020, and

• The Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022

The Drug Supply Prohibition Order Pilot Scheme Act 2020

The Drug Supply Prohibition Order Pilot Scheme Act 2020 (the DSPO Act) commenced operation on 16 May 2022. Mr McKenzie has been appointed as the Oversight Commissioner under s 15(1) of the DSPO Act. His core functions under the DSPO Act include:

• receiving notice of any pending applications for an order under the DSPO Act
• making submissions in relation to whether an order should be made under the DSPO Act
• providing advice on any matter relating to an application for an order when it is sought by the authorised Magistrate; and
• receiving the report furnished to the authorised Magistrate and the Oversight Commissioner pursuant to s 14 of the DSPO Act in relation to actions taken by police pursuant to an issued order.

The Oversight Commissioner is also able to apply for the revocation of an order under the DSPO Act at any time.

The Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022

The Dedicated Encrypted Criminal Communication Devices Prohibition Orders Act Act 2022 (the DECCDPO Act) commenced operation on 1 February 2023. Mr McKenzie has been appointed as the Oversight Commissioner under s 21(1) of the DECCDPO Act. His core functions under the DECCDPO Act include:

• receiving notice of any pending applications for an order under the DECCDPO Act
• making submissions in relation to whether an order should be made under the DECCDPO Act
• providing advice on any matter relating to an application for an order when it is sought by an authorised Magistrate; and
• receiving the report furnished to the authorised Magistrate and the Oversight Commissioner pursuant to s 20 of the DECCDPO Act in relation to actions taken by police pursuant to an issued order.

The Oversight Commissioner is also able to apply for the revocation of an order under the DECCDPO Act at any time.

The Oversight Commissioner (in relation to either Act) can be contacted by email at theoversightcommissioner@justice.nsw.gov.au or directly on 02 8688 0222.