New Organised Crime Bill Would Expand Digital Evidence Access Orders

We previously wrote about the possibility of police being able to compel access to your phone during an ordinary arrest or roadside stop, not only under a warrant. That proposal is now formally before NSW Parliament, contained in the Crimes and Other Legislation Amendment (Further Organised Crimes Reforms) Bill 2026, introduced on 6 August 2026. The bill also contains two further measures—one involving driver’s licence photos, and one involving toll cameras—that are worth understanding, whether or not you are ever involved in an organised crime investigation.

A New Kind of Digital Evidence Access Order

As we explained previously, a Digital Evidence Access Order (DEAO) is a court order compelling a person to unlock a phone or other device for police. Since 2023, a DEAO has only been available alongside an existing search or crime scene warrant. This bill would create a second, separate category—a “DEAO (organised crime)”—available in a wider range of situations, including during arrests, traffic stops and other lawful detentions, where a device has been lawfully seized in the field.

Importantly, this new pathway is not warrantless in the sense of requiring no judicial involvement at all. A Local Court judge (or other authorised officer) must still be satisfied, on oath or affidavit, that the device was lawfully seized, that the person has relevant knowledge of the device, and that data connected to an organised crime offence is likely to be found on it. What changes is that this order no longer needs to be tied to an existing search warrant—it becomes its own, separate mechanism that can be sought in the field. Refusing to comply with a valid order remains a criminal offence, and as with the existing regime, this override applies regardless of the ordinary right against self-incrimination.

Driver’s Licence Photos and Facial Recognition

The bill also amends the Road Transport Act 2013 (NSW) to support the Intergovernmental Agreement on Identity Matching Services—a national scheme that allows government agencies to match a photo against driver’s licence and other identity document images held across jurisdictions. In practice, this supports NSW driver’s licence photos being made available for facial-recognition matching at a national level, for identity verification and law enforcement purposes.

Toll Camera Images

A further amendment to the Roads Act 1993 (NSW) would allow toll camera images to be collected, used and disclosed in a way that can identify who was in a vehicle, rather than only the vehicle’s number plate. These images could then be used in criminal investigations.

NSW Crime Commission Penalties

The bill also significantly increases the penalties for failing to cooperate with the NSW Crime Commission. The maximum penalty for a witness who fails to attend and answer questions when summoned would double, and the maximum penalty for giving false or misleading evidence before the Commission would rise substantially. These provisions are aimed squarely at people already the subject of a Crime Commission hearing, most commonly in the context of an organised crime investigation.

What “Organised Crime” Means Under the Bill

These expanded powers are tied to the bill’s definition of organised crime, which generally requires an offence to be committed by two or more people, or to involve substantial planning, systematic or continued criminal activity, or to be carried out for profit, power, influence or retribution. Because this definition is broad, commentators including the NSW Council for Civil Liberties have raised concerns about how widely these powers might end up being applied in practice, including to conduct that would not traditionally be thought of as organised crime. As with any bill before parliament, its final scope may change before it passes, and how broadly these definitions are applied in practice will likely only become clear once the powers are in use.

What This Means for You

If this bill passes, the practical effect is that a DEAO could become available in a much wider range of everyday police encounters than the current, warrant-linked version. As we discussed in our earlier article, it remains important to distinguish a genuine DEAO from an informal request to unlock your phone voluntarily—you are entitled to decline a request that is not backed by a valid order, and doing so voluntarily can waive protections you would otherwise have.

This sits alongside your broader rights when arrested or questioned. If you are ever served with a DEAO, whether under the existing regime or any new provision that results from this bill, it is worth seeking legal advice quickly, given the criminal penalty attached to non-compliance.

How NS Criminal Lawyers Can Help

Whether a digital evidence access order was validly obtained, whether a device was lawfully seized, and whether evidence extracted from a device can be challenged are all matters that can significantly affect a prosecution. Our experienced criminal lawyers can advise you if you have been served with a DEAO, if your device has been seized, or if you are facing charges arising from digital evidence. Contact NS Criminal Lawyers for a confidential discussion about your matter.

This article provides general information only and is not legal advice. It refers to a Bill before the NSW Parliament that had not been passed as law at the date of publication; the law described in our earlier article on digital evidence access orders continues to apply until any reform takes effect. For advice about your circumstances, please contact a qualified criminal defence lawyer.