Victoria's state-owned logging business used taxpayer money to illegally spy on environmentalists using a private investigator in an effort to discredit them.
The Victorian Information Commissioner on Thursday released its investigation into historical allegations that VicForests spied on two environmental campaigners and a university ecology professor in 2010 or 2011.
While the private investigator tried to conduct surveillance of all three on behalf of VicForests, he only collected personal information of one anti-logging campaigner by taking photos and video footage of her going about her daily activities.
The Information Commissioner found VicForests' collection of the woman's personal information through covert surveillance seriously and flagrantly contravened information privacy principles because it was unnecessary and unlawful.
"Whilst the surveillance took place almost a decade ago, the seriousness of the allegations led my office to conduct the investigation upon becoming aware of them," Commissioner Sven Bluemmel said.
"No one in the community should be subjected to this incursion on their personal privacy."
The commissioner's investigation was sparked by a 2021 story by ABC's 730 program.
One of the environmentalists subject to the surveillance then contacted the commissioner, saying she had been spied on for four days.
Following the ABC report, VicForests hired auditors to do its own inquiry, but three key witnesses refused to take part, including the former general manager who verbally hired the private investigator.
The pair first met in a cafe and in late 2009 or early 2010 the manager phoned the investigator asking him to perform surveillance work on employees on logging coupes, truck drivers in respect to occupational health and safety concerns, protesters at coupes and "collecting dirt" on specific members of the public.
The Information Commissioner's review relied mostly on verbal evidence from the private investigator, his former romantic partner and an old colleague.
However, there were some documents including those from a 2013 legal case case by the private investigator against VicForests claiming damages for injuries sustained while surveilling protesters at logging coupes in August 2011.
The investigator was ultimately paid $54,023 by VicForests.
In its response published with the report, VicForests rejected the findings of the investigation based on its view the Information Commissioner could not be satisfied on the evidence that the surveillance occurred.
"VicForests engaged diligently, transparently and professionally with OVIC throughout this investigation and is disappointed OVIC has drawn conclusions on claims that changed and grew over time and were unsupported by any documentary evidence," the organisation said in a separate statement on Thursday.
It maintains it does not conduct covert surveillance and that no board member or executive had any knowledge of the investigator being engaged.
The organisation said it was disappointed the former general manager did not take part in VicForests' or the commissioner's inquiries and "accepts that this leaves open the question of his conduct".
"VicForests' position is that if he did organise the alleged covert surveillance, this was an action undertaken outside of his role or authority and was not official VicForests business," its statement read.
However, VicForests has recently developed a new security and surveillance policy addressing the commissioner's concerns about the governance of surveillance activities.
The Information Commissioner has therefore decided not to issue a compliance notice, but instead made five recommendations to ensure the new policy is properly implemented.
VicForests has accepted the recommendations and the office will monitor their implementation.
Premier Daniel Andrews on Thursday said he had not seen the report, but what went on did not sound appropriate.
"I don't think that's the way taxpayers money should be spent," he told reporters.
Australian Associated Press
