Australia's federal crime fighting agencies still have work to do in complying with the law when using electronic surveillance on suspects, according to the Commonwealth Ombudsman.
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In his latest report to the Attorney General, Ombudsman Colin Neave found the Australian Federal Police and the Australian Crime Commission were both making progress towards full compliance with the Surveillance Devices Act, but that both agencies had committed multiple breaches of the rules in 2011.
Victorian police, also featured in the Ombudsman's latest report, were found by Mr Neave to be ''compliant with the requirements of the act''.
The legislation covers the use of hidden cameras, ''bugs'', tracking devices and the surveillance of computer activity and found the AFP was generally compliant with the requirements of the act.
But the Ombudsman found two cases where the AFP did not notify the Attorney-General, as required, of ''extra-territorial'' operations.
The Ombudsman also found 32 cases where information gathered in surveillance operations was kept for more than five years, when it should have been destroyed, or special permission sought by the AFP Commissioner to retain it.
In response to Mr Neave's findings, the force either destroyed the material or officially certified its retention.
The Ombudsman found four cases where the ACC did not provide the full information about its intentions when applying to use tracking devices, prompting a warning to tighten up its procedures.
