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25.2.1 Determining the necessity for the conduct of covert surveillance

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Prior to undertaking covert surveillance the requesting and approving officers must carefully assess the need to use this technique. Covert surveillance may only be used:

a)when other less intrusive methods of investigation have been considered and have been assessed to be ineffective and inadequate, or have been tried and the outcome found to be inconclusive, and

b)when the claim is of such a nature as to warrant the use of covert surveillance and when there is adequate evidence to suggest that the claimant may be:

(i)misrepresenting his/her disability

(ii)claiming excessive disabilities

(iii)malingering, or

(iv)involved in the commission of a fraud, and

c)Where the benefits arising from obtaining relevant information by covert surveillance are considered to outweigh to a substantial degree the intrusion on the privacy of the surveillance subject.

If appropriate, MRCC's legal advisers should be consulted concerning the desirability or necessity of obtaining information by covert surveillance. Situations where it is appropriate for MRCC's legal advisers to be consulted are where those legal advisers are already involved in the matter, or where it is expected that they will soon be involved. Any questions concerning this should be directed to the Policy and Procedures Section of MRCC National Office in Canberra.