Comprehensive Report on Vetting Procedures and Counter Surveillance

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This report delves into the vetting procedures and counter surveillance measures employed by organizations, particularly in Australia and New Zealand. It outlines the stages involved in the Australian government's security clearance process, including the role of vetting agencies like AGSVA, and the different levels of clearance. The report also explores the rise of counter surveillance equipment due to the increasing availability of surveillance devices, highlighting the services offered by various companies for bug detection and technical surveillance countermeasures (TSCM). Furthermore, it examines the legal aspects of vetting staff members for criminal records in New Zealand, including the requirements for obtaining consent, disclosing criminal information, and the limitations imposed by the clean slate rule. The conclusion emphasizes the importance of vetting and counter surveillance in enhancing security, and the variations in procedures based on jurisdiction and purpose.
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VETTING PROCEDURES AND COUNTER SURVEILLANCE MEASURES
AUTHOR’S NAME
I INTRODUCTION
In Australia, vetting is a common practice carried out by a majority of the employers. It is
done to check criminal records where necessary and as a security measure against insider threat.
Mainly, the vetting process comprises of police checks, past employment history, an employee’s
qualifications, traffic convictions, tenancy, financial and psychometric assessments. Overall, the
process varies depending on the reason for vetting. Moreover, companies are also using counter
surveillance measures. The use of vetting and counter surveillance measures is among the many
ways corporates and individuals are enhancing the security of information and assets.
A The Vetting Procedure for Australian security clearance
For the Australian government, vetting entails personnel security practices carried out on
its employees to ensure they have security clearance to access government resources. Security
clearance is accorded depending on four levels which are Baseline Personnel Security Standard,
Counter Terrorist Check, Security Check and Developed Vetting.1 The vetting process is
conducted by vetting agencies such as Australian Government Security Vetting Agency
(AGSVA) and other authorized agencies.2 However, the Australian Government Security Vetting
Agency is mandated to offer security clearances for a majority of the government, state and
territory agencies. Generally, this vetting process has various stages.
The first stage is the where agencies decide which are the requirements for the security
clearance. In the second stage, the vetting agency that is hired issues the clearance pack after
confirming the requirements.3 Afterward, the person who wants the clearance, clearance subject,
1 Working in Government - Security Vetting / Security Clearance - Theinfohub By Unlock | For People with
Convictions and Criminal Recordstheinfohub By Unlock | For People with Convictions and Criminal Records
(2017) Hub.unlock.org.uk
2 Ibid
3Personnel Security Guidelines - Vetting Practices (2016).
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completes the pack and provides documents as supporting evidence. Later the clearance pack is
processed while various checks are conducted. The assessing officers in the vetting agency then
recommend whether the clearance should be granted or denied and the information is passed to
the delegate. At this stage, the delegate makes a decision which must be in line with the
recommendation of the assessing officer. If there are any disagreements, the clearance is returned
to the assessing officer.4 If no issues arise, the agency is supposed to advise the applicant of the
outcome. Lastly, the agency conducts periodic checks to ensure the holder is still suitable for the
clearance. Additionally, the outcome is subject to review and appeal.
B Counter Surveillance Equipment
Due to the rise in affordability and availability of surveillance bugs and taps from the
internet, the need for surveillance countermeasures has risen. As a result, some retailers offer
surveillance countermeasures services. Currently, the equipment used detects bugs from homes,
workplaces, and vehicles. The surveillance equipment detected include audio listening bugs,
phone bugs, 3G and 4G bugs, GSM bugs, Global Positioning System (GPS) vehicle trackers and
Wi-Fi and Bluetooth devices.5 The companies that offer these services use the latest digital
technology to increase efficiency and effectiveness.
These services range from Technical Surveillance Countermeasures (TSCM) equipment
for sale and technicians for hire who can perform the sweep using TSCM. These services are
readily available through the internet with companies such as Spy City offering the service at
$1,1995 for three hours.6 Melbourne Investigations offers the detection of hidden cameras, GPS
trackers, listening and phone tapping devices.7 Meanwhile, Prime Investigations offers counter
4 Ibid
5 TSCM - Electronic Bug Detection, Security Sweep Melbourne, Electronic Bug Sweeping,
Countermeasures (2017) 21investigations.com.au
6 TSCM Service - 3 Hours - Melbourne Based (2017) SPY CITY
7 Bug Detector Melbourne - Melbourne Investigations (2017) Melbourne Investigations
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surveillance services that detect GSM bugs, phone taps, GPS trackers and hidden cameras.8
Other companies such as The Australian Bug Detection Group and National surveillance and
intelligence offer bug detection sweeps with use of the latest digital technology.9
C Vetting of Staff Members for Criminal Records in New Zealand
In New Zealand employers can check criminal records of employees or job applicants.
This can be done through the Ministry of Justice and Police vetting information.10 To obtain this
information the employer must first get the consent of the employee or job applicant in written
form. In most cases, it is better to vet applicants before hiring them to avoid unnecessary
inconveniences when one has to fire someone. In the hiring process, if the employer wishes to
obtain criminal records of applicants the application forms should state that the applicants should
disclose criminal information and consequences should they fail to do so. Further, the
employment agreement should state that employment is done if the employer is satisfied with the
findings from the criminal record. Some people are protected by the clean slate rule, and they do
not reveal their criminal record.
For the employers who decide to go through the Ministry of Justice, they obtain a list of
criminal and traffic convictions where the employee was found guilty. On the other hand, police
vetting provides information to approved agencies about employees that care for children, old
people and those who are vulnerable in the society. Information is released depending on its
relevance to the position of the employee. This information may include court convictions and
charges.11 Employers are also not allowed to use the information obtained to short list candidates.
They are to present the information to the employees and give them a chance to explain
8 Electronic Bug Detection Sydney | Prime Investigations (2017) Primeinvestigations.com.au
9 TSCM - Electronic Bug Detection, Security Sweep Melbourne, Electronic Bug Sweeping,
Countermeasures (2017) 21investigations.com.au
10 Criminal Record Checks » Employment New Zealand (2017) Employment.govt.nz
11 Human Rights: On the Record: Recruitment (Chapter 5) | Australian Human Rights Commission (2017)
Humanrights.gov.au
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themselves. In addition, they are obliged to disclose the retention period which for agencies is set
at a maximum of twelve months.
II Conclusion
In conclusion, vetting is done by most employers for various reasons as aforementioned.
Generally, the vetting procedure occurs in different stages depending on the vetting agency and
the reason for the vetting process. Additionally, the use of counter surveillance measures is on
the rise, and the services are readily available for individuals and corporates. Finally, the vetting
process for criminal records differs according to the laws governing a jurisdiction.
BIBLIOGRAPHY
Bug Detector Melbourne - Melbourne Investigations (2017) Melbourne Investigations
https://melbourneinvestigations.com.au/private-investigators-melbourne/bug-detector-
melbourne
Criminal Record Checks » Employment New Zealand (2017) Employment.govt.Nz
<https://www.employment.govt.nz/workplace-policies/tests-and-checks/criminal-record-
checks/>
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Electronic Bug Detection Sydney | Prime Investigations (2017) Primeinvestigations.com.au
<https://www.primeinvestigations.com.au/electronic-bug-detection-sydney/>
Human Rights: On the Record: Recruitment (Chapter 5) | Australian Human Rights Commission
(2017) Humanrights.gov.au <https://www.humanrights.gov.au/publications/human-
rights-record-recruitment-chapter-5>
Personnel Security Guidelines - Vetting Practices (2016)
TSCM - Electronic Bug Detection, Security Sweep Melbourne, Electronic Bug Sweeping,
Countermeasures (2017) 21investigations.com.au
<http://www.21investigations.com.au/tscm_bug_sweeping_electronic_countermeasures.p
hp>
TSCM Service - 3 Hours - Melbourne Based (2017) SPY CITY
<http://spycity.com.au/solutions/tscm-service-3-hours-melbourne-based/>
Working in Government - Security Vetting / Security Clearance - Theinfohub By Unlock | For
People with Convictions and Criminal Recordstheinfohub By Unlock | For People with
Convictions and Criminal Records (2017) Hub.unlock.org.uk
http://hub.unlock.org.uk/knowledgebase/working-in-government-security-vetting/
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