DCI 35 - COVERT SURVEILLANCE - Use in Workers' Compensation Cases - SUPERANNUATION PENSION INCREASE
DEFENCE COMPENSATION INSTRUCTION - NO 35
Military Compensation Scheme - Safety, Rehabilitation And Compensation Act 1988
Subject
COVERT SURVEILLANCE - Use in Workers' Compensation Cases
1. To clarify operational policy concerning the use of covert surveillance by optical means in cases involving compensation claims under the Safety, Rehabilitation and Compensation (SRC) Act 1988.
Background
2. Covert surveillance by optical means may be required in cases involving compensation claims under the Act where misrepresentation of disabilities, claiming excessive disabilities, malingering or fraudulent activity is suspected. The policy is based on the 'Covert Optical Surveillance In Commonwealth Administration ‑ Guidelines' published by the Privacy Commissioner, February 1992.
3. Covert surveillance as defined by the Privacy Commissioner refers to: "The secretive, continuous or periodic observation of persons, places or objects to obtain information concerning the activities of individuals which is then recorded in material form including notes and photographs."
(Source: Privacy Commissioner, February 1992)
4. This Defence Compensation Instruction has regard to Comcare Operational Advice No 96/027 of 26 November 1996. MCRS file DM91-35612 refers.
Broad Principles
5.Covert optical surveillance is an activity which intrudes into the privacy of individuals in an extreme way. An individual should be placed under covert surveillance only after careful consideration of whether there are sufficient public reasons to justify that course of action.
(Source: Privacy Commissioner, February 1992)
6.Within the Military Compensation and Rehabilitation Service (MCRS), covert optical surveillance is to be used prudently and only within the parameters outlined below and in accordance with the broad principles of natural justice.
7.Natural justice means in this context that decisions taken in relation to the use of covert optical surveillance are only taken fairly, in good faith, without bias and having due regard to the views of the individuals surveilled. Where possible and appropriate in the circumstances, those individuals will be given an opportunity to state their case prior to any decision being taken which could adversely affect them.
8.Where there is any doubt as to how to apply natural justice in the above situation, the Director of Military Compensation and Rehabilitation (DMCR) should be consulted.
PROCEDURE
Determining the necessity for the conduct of covert surveillance
9.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 preferably
(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.
10.If appropriate MCRS's legal advisers should be consulted concerning the desirability or necessity of obtaining information by covert surveillance. Situations where it is appropriate for MCRS'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 DMCR.
Application to conduct covert surveillance
11.Information Privacy Principle (IPP) 1 of the Privacy Act 1988 (Reproduced at Attachment A) imposes obligations on Commonwealth agencies relating to the collection of personal information. Collection must be fair and lawful. The information collected must be for a lawful purpose that is directly related to the function or activity of the agency and the collection of information must be necessary for or directly related to that purpose.
12.An application to conduct covert surveillance must be in writing on the pro‑forma at Attachment B. It is to include a clear statement on the following:
(a)the purpose and justification for covert surveillance ie. a justifying paragraph 9(b) above, on why the surveillance subject is suspected.
(b)the name, address, and other relevant details of the surveillance subject, including:
(i) the personal characteristics of the surveillance subject (to minimise the risk of mis‑identification),
(ii) a description of the surveillance subject's premises eg. residence address or business location:
(iii) the nature and details of the claim eg. musculo-skeletal injuries;
(c)the kind of information to be collected by covert surveillance, including:
‑ the performance of physical activities that may indicate that the individual concerned is making a false claim eg. ability to lift objects known to be very heavy;
(d)whether alternative investigative methods have been considered or undertaken to obtain the information required and the results, if any, of these investigations. Alternative methods may include:
‑ interviewing claimants;
‑ reviewing agency records; and/or
‑ interviewing witnesses;
‑ reviewing claimant's records;
(e)the relative cost/benefits of undertaking or not undertaking the surveillance, eg.:
‑ an estimate of the financial or other resource costs of the surveillance;
‑ whether the amounts involved in a compensation claim warrant the costs involved in the covert surveillance:
(f) particulars of the investigator undertaking the surveillance, ie. whether the covert surveillance is to be conducted by contract private investigators;
(g)whether the procedure has been recommended by MCRS's legal advisers.
(h)the method by which information is to be collected, eg.:
‑ by observations and the recording of the observations in a log,
‑ by photography,
‑ by video recordings,
‑ by combinations of the above.
(i) the period and scope of the surveillance, including:
‑ surveillance period eg. daily,
‑ surveillance dates,
‑ activities to be observed, eg. physical activities and/or business activities and/or recreational activities
‑ whether the surveillance is to be confined to a domestic environment or extended beyond the surveillance subject's premises.
The pro‑forma for documenting the above and the Manager MCRS approval is at Attachment B to this Defence Compensation Instruction, and will soon be able to be accessed through Standard Letters.
Approval to conduct covert surveillance
13.Covert surveillance should be approved in writing on a case‑by‑case basis. This approval is only to be given by the Manager MCRS in consultation with Assistant Director Compensation and Rehabilitation or Assistant Director Reconsiderations and Appeals at MCRS National Office. A copy of the approved application must be stored separate and distinct from the claims' file.
14.The signed hard copy Surveillance Application form will be mailed in the over‑night/locked bag (double sealed and marked "TO BE OPENED BY ADDRESSEE ONLY") to ADCR at MCRS National Office to be held as the archive copy. Surveillance approvals will be monitored by ADCR.
15.Approval is to be issued for a limited time only, as follows:
(a)the period of surveillance should be appropriate to the circumstances of each case, but should not extend beyond 30 continuous days. This means 30 calendar days. If the surveillance subject was first observed on the 1st of a month, the surveillance should not extend beyond the 30th of that month. This period must not be extended unless there is reasonable justification in the circumstances for doing so.
(b)a new application should be made to extend or recommence covert surveillance after the initial approval has expired.
The collection process
16.Covert surveillance should only be undertaken by trained investigators/ surveillance officers. Instructions to surveillance operatives on services and actions must include the points listed below. Points (a) to (d) below are of a general nature, whilst (e) and (f) are case specific. The instructions should cover:
(a)avoidance of any actions which may unreasonably impinge on the privacy and rights of other people, eg. when using photography avoid, where practicable, including other individuals such as relatives and friends, who may be in contact with the surveillance subject during the surveillance period, in the photograph.
(b)where practicable, only material relevant to the purpose of conducting the covert surveillance should be collected. There should be a clear separation of facts from opinions and only relevant personal information should be included in records resulting from the surveillance.
(c)instructions on the manner of collection of personal information:
- the collection should not involve the commission of a criminal offence or give rise to a civil action, eg. trespass to land or goods;
- the collection should not involve entrapment of the surveillance subject.
- hence, passive observation is permissible, however, any attempts to actively induce the subject into a situation in which that person would not ordinarily and voluntarily enter, thereby creating a false or misleading impression of the person's abilities, is not permitted.
(d) instructions by MCRS on the obligations of investigators to safeguard the material collected. The MCRS Office should ensure appropriate provisions, protecting privacy, are included in contracts engaging private contractors.
(e)the method by which information is to be collected (eg. logs with observations recorded, photography or video recordings). This should be appropriate to the purpose of collection in the particular case.
(f)the period and scope of the surveillance procedure as specified in paragraph 12(i) above.
Use and disclosure
17. Material collected by covert surveillance is to be used in accordance with the following conditions:
(a)the material is to be used only for the purpose for which the approval described at paragraph 13 is given, or where exceptions under IPP 10 (Reproduced at Attachment A) of the Privacy Act apply.
(b)each MCRS Office must ensure that information is accurate, up to date and complete prior to the information being used. Material collected by covert surveillance must not be used in isolation but corroborated by other information to ensure accuracy.
18.Tests for accuracy may include:
(a) identity check, ie. name and address of surveillance subject.
(b) checking timing of the surveillance procedure.
(c) verifying that material collected is consistent with paragraph 12(b)(iii) above
(d) checking that there is not another reasonable explanation for the particular information collected such as:
- injured worker able to lift box because he/she was wearing a splint;
- box lifted by injured worker was empty;
- activity performed by worker did not involve using injured muscles.
19.Material collected by covert surveillance is not to be disclosed to another person, body or agency, other than in accordance with IPP 11 of the Privacy Act (Reproduced at Attachment A). Any request for release of surveillance material either made under a section 59 request under the SRC Act 1988 or the Freedom of Information Act, must be reported to ADCR. Decisions on disclosure of material will be made by DMCR in concert with the affected MCRS Manager and our legal advisers.
20.When material is disclosed there should be a record of:
(a) the reason(s) for disclosure,
(b) the recipient of the information, and
(c) the officer authorising disclosure.
21.Where material is disclosed to another person, body or agency, safeguards should be in place to ensure that the information is only disclosed by the receiving agency or person in accordance with IPP 11 of the Privacy Act. (Reproduced at Attachment A)
Storage and security
22.The MCRS Office should put in place appropriate measures to protect the material against loss, unauthorised access, use, modification or disclosure by:
(a) ensuring the classification is clearly marked on the material.
(b) restricting access of material to relevant personnel on a "need to know" basis
(c) marking all envelopes used to transmit this material with "TO BE OPENED BY ADDRESSEE ONLY"
(d) storing the material in an approved security container.
(e) storing material separately from other files.
(f) maintaining a log of all personnel accessing, using or removing the material, in order to establish an audit trail.
Suspected Fraud or Imposition on the Commonwealth
23.If as a consequence of surveillance a reasonable suspicion exists that a claimant may be defrauding the Commonwealth, eg: surveillance evidence indicates a claimant is working in what seems to be a paid job and MCRS is making incapacity payments on the basis of an inability to work, and Compensation Review Forms state no income from employment, the MCRS Manager must forward details to ADCR immediately for referral to the Director Fraud Investigations and Recovery, General Investigation and Review Branch, Inspector Generals Division (currently Mr Garry Ryle, NCC-B1-R11, 02 6266 8258)
24.No action should be taken in the management of the case that would make the claimant aware that they were under investigation.
Monitoring
25.The MCRS Manager much report to ADRA every month on the outcome of the surveillance:
- whether the surveillance supported the suspicion on which the request for surveillance was based;
- whether any further steps were taken as a result of the surveillance.
26.Any queries concerning the information contained in this DCI should be directed to ADCR (Glen Tye) on (02) 6266 8639.
CLAUDE NEUMANN
ASPSIM
June 1998
Attachments:
A - Information Privacy Principle (IPP) of the Privacy Act
B - Application for Surveillance
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Attachment A
INFORMATION PRIVACY PRINCIPLES
Principle 1 - Manner and purpose of collection of personal information.
1.Personal information shall not be collected by a collector for including in a record or in a generally available publication unless:
(a)the information is collected for a purpose that is a lawful purpose directly related to a function or activity of the collector, and,
(b)the collection of the information is necessary for or directly related to that purpose.
2.Personal information shall not be collected by a collector by unlawful or unfair means.
Principle 2 - Solicitation of personal information from individual concerned.
Where:
(a)a collector collects personal information for inclusion in a record or in a generally available publication, and
(b)the information is solicited by the collector from the individual concerned;
the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, before the information is collected or, if that is not practicable, as soon as practicable after the information is collected, the individual concerned is generally aware of;
(c)the purpose for which the information is being collected;
(d)if the collection of the information is authorised or required by or under law ‑ the fact that the collection of the information is so authorised or required and
(e)any person to whom, or any body or agency to which, it is the collector's usual practice to disclose personal information of the kind so collected, and (if known by the collector) any person to whom, or any body or agency to which, it is the usual practice of that first mentioned person, body or agency to pass on that information.
Principle 3 - Solicitation of personal information generally
Where:
(a)a collector collects personal information for inclusion in a record or in a general available publication; and
(b)the information is solicited by the collector;
the collector shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is collected:
(c)the information collected is relevant to that purpose and is up to date and completed; and
(d)the collected of the information does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
Principle 4 - Storage and security of personal information
A record‑keeper who has possession or control of a record that contains personal information shall ensure;
(a)that the record is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and
(b)that if it is necessary for the record to be given to a person in connection with the provision of a service to the record‑keeper, everything reasonably within the power of the record‑keeper is done to prevent unauthorised use or disclosure of information contained in the record.
Principle 5 - Information related to records kept by record‑keeper
1.A record‑keeper who has possession or control of records that contain personal information shall, subject to clause 2 of this Principle, take such steps as are, in the circumstances, reasonable to enable any person to ascertain;
(a)whether the record‑keeper has possession or control of any records that contain personal information; and
(b)if the record‑keeper has possession or control of a record that contains such information:
(i) the nature of that information;
(ii) the main purpose for which that information is used, and
(iii) the steps that the person should take if the person wishes to obtain access to the record.
2.A record‑keeper is not required under clause 1 of this Principle to give a person information if the record‑keeper is required or authorised to refuse to give that information to the person under the applicable provisions of any law of the Commonwealth that provides for access by persons to documents.
3.A record-keeper shall maintain a record setting out:
(a)the nature of the records of personal information kept by or on behalf of the record‑keeper;
(b)the purpose for which each type of record is kept;
(c)the classes of individuals about whom records are kept
(d)the period for which each type of record is kept
(e)the persons who are entitled to have access to personal information contained in the records and the condition sunder which they are entitled to have the access; and
(f)the steps that should be taken by persons wishing to obtain access to that information.
4.A record‑keeper shall:
(a)the record maintained under clause 3 of this Principle available for inspection by members of the public; and
(b)give the Commissioner, in the month of June in each year, a copy of the record so maintained.
Principle 6 - Access to records containing personal information
Where a record‑keeper has possession or control of a record that contains personal information, the individual concerned shall be entitled to have access to the record, except to the extent that the record‑keeper is required or authorised to refuse to provide the individual with access to that record under the applicable provision of any law of the Commonwealth that provides for access by persons to documents.
Principle 7 - Alteration of records containing personal information
1.A record‑keeper who has possession or control of a record that contains personal information shall take such steps (if any), by way of making appropriate corrections, deletions and additions as are, in the circumstances, reasonable to ensure that the record:
(a)is accurate, and
(b)is, having regard to the purpose for which the information was collated or is to be used and to any purpose that is directly related to that purpose, relevant, up to date, complete and not misleading.
2.The obligation imposed on a record‑keeper by clause 1 is subject to any applicable imitation in a law of Commonwealth that provides a right to require the correction or amendment of documents.
3.Where:
(a)the record‑keeper of a record containing personal information is not willing to amend that record by making a correction, deletion or addition, in accordance with a request by the individual concerned, and
(b)no decision or recommendation to the effect that the record should be amended wholly or partly in accordance with that request has been made under the applicable provision of a law of Commonwealth;
The record‑keeper shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the record any statement provided by the individual of the correction, deletion or addition sought.
Principle 9 - Personal information to be used only for relevant purpose
A record‑keeper who has possession or control of a record that contains personal information shall not use the information except for a purpose to which the information is relevant.
Principle 10 - Limits on use of personal information
A record‑keeper who has possession or control of a record that contains personal information that was obtained for a particular purpose shall not use the information for any other purpose unless:
(a)the individual concerned has consented to use of the information for that other purpose;
(b)the record‑keeper believes on reasonable grounds that use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person;
(c)use of the information for that other purpose is required or authorised by or under law;
(d)use of the information for that other purpose is reasonably necessary for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, or
(e)the purpose for which the information is used is directly related to the purpose for which the information was obtained.
2.Where personal information is used for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, the record-keeper shall include in the record containing that information a note of that use.
Principle 11 - Limits on disclosure of personal information
1.A record-keeper who has possession or control of a record that contains personal information shall not disclose the information to a person, body or agency (other than the individual concerned) unless:
(a)the individual concerned is reasonably likely to have been aware, or made aware under Principle 2, that information of that kind is usually passed to that person, body or agency.
(b)the individual concerned has consented to the disclosure
(c)the record‑keeper believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life of health of the individual concerned or of another person;
(d)the disclosure is required or authorised by the under law, or
(e)the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue.
2.Where personal information is disclosed for the purpose of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the record‑keeper shall include in the record containing that information a note of the disclosure.
3.A person, body or agency to whom personal information is disclosed under clause 1 of this Principle shall not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.
Attachment B
Approval to conduct covert surveillance
Covert surveillance should normally be approved in writing on a case-by-case basis, at a senior level in MCRS following a written application.
Approval to conduct covert surveillance in a particular case is only to be given by Manager MCRS, ADCR, ADRA or DMCR.
Approval is to be issued for a limited time only, as follows:
the period of surveillance should be appropriate to the circumstances of each case, but should not extend beyond 30 continuous (calendar) days, unless there is reasonable justification in the circumstances for doing so. Reasonable justification in the circumstances may be that the claimant has been difficult to locate.
A new application should be made to extend or recommence covert surveillance after the expiry of the initial approval.
Requesting Officer: . . . . . . . . . . . . . . . . . Claim Reference: . . . . . . . . . . .
APPLICATION FOR SURVEILLANCE
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A.Purpose and Justification of Surveillance The only purpose is to ascertain if the claimant may be: (a)misrepresenting his/her disability; (b)claiming excessive disabilities; (c)malingering; or (d)involved in the commission of a fraud. The justification is based on adequate evidence supporting why the claimant is suspected on one or more of the above. |
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B.Personal Details of the Subject Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Please provide a brief physical description and any personal characteristics of the individual to be surveilled. This is to minimise risk of mis-identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Please provide description of any known dwelling(s) where the subject of the surveillance may reside, work or visit during the surveillance period. Residential: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any other visiting address during surveillance period: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other relevant details of surveillance subject: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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C.Nature and Details of Claim Please provide a summary of al relevant details pertaining to the claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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D.Kind of Information to be Collected Please provide the type of information to be collected by the surveillance, including: -the performance of physical activities that may indicate that the individual concerned is making a false claim (eg. ability to lift objects known to be very heavy). -the performance of work and/or business activity that may indicate unreported income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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E.Alternative Investigation Methods Considered Please include any investigation steps taken or considered up to this point in the investigation to obtain the information required and the results, if any, of these steps. Alternative methods may include: - interviewing claimants; - interviewing witnesses; - reviewing agency records; and - reviewing claimant's records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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F.Comparison of the Cost to Benefit of Conducting Surveillance Please provide the relative cost/benefits of undertaking or not undertaking the surveillance, for example: -an estimate of the financial or other resource costs of the surveillance; -whether the amounts involved in a worker's compensation claim warrant the costs involved in the covert surveillance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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G.Details of the Investigator to Undertake Surveillance Please provide particulars of the investigator undertaking the surveillance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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H. Legal Counsel Involvement Please provide details of whether the procedure has been recommended by MCRS's legal advisers or other relevant legal advisers. Regardless of recommendation, MCRS must still satisfy the Privacy Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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I.Method by which Information is to be collected Please provide the method by which information is to be collected: - by observations and the recording of the observations in a log book; - by photography; - by video recordings; - by combinations of the above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
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J. Period and Scope of Surveillance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/dcis-defence-compensation-instructions/current/dci-35-covert-surveillance-use-workers-compensation-cases-superannuation-pension-increase