21/11/2025

The discovery that listening devices were installed in Victorian prisons without appropriate warrants is concerning and could lead to legal challenges, says the Australian Lawyers Alliance (ALA).

“The Evidence Act in Victoria deals with illegally obtained evidence. The court balances issues such as the gravity of the illegality versus the value of the evidence - called the probative value,” said Greg Barns SC, criminal justice spokesperson, Australian Lawyers Alliance.

“Illegally obtained evidence is often inadmissible because of that fact. Widespread practice of illegal surveillance could mean challenges in cases where the prosecution seeks to use that evidence.”

The ALA says this discovery raises a number of questions about how and why these surveillance devices were used and a thorough review of the issue is required.

“The unlawful use of listening devices has the capacity to undermine the administration of justice,” said Mr Barns SC. “It is critical that police follow correct procedures at all times relating to the use of surveillance devices.”