Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Hansard source

I rise today to support the Foreign Affairs Portfolio Miscellaneous Measures Bill 2013. This bill will make two changes. While not major, they will do much to assist the Australian Secret Intelligence Service and its employees—our overseas intelligence operations.

In amending the Intelligence Services Act 2001, this bill will make it easier for ASIS employees to transfer to another Public Service agency, extending to them the same advantages given to other members of the Australian Public Service. Put more simply, we must protect the identity of ASIS officers, and usually they claim to be public servants in these circumstances. But, when they seek to transfer to another government agency, it becomes rather problematic that they do not transfer pursuant to the Public Service Act, as one would expect of a public servant. So, importantly, the changes proposed make it easier for the ASIS officials to meet their legal obligations not to disclose the nature of their relationship with the service, and they can then transfer between agencies, pursuant to section 26 of the Public Service Act. This mechanism makes sense. It still protects an ASIS employee and their identity, but it facilitates transfers which can only assist in their career development.

Those of us who have not served in such a capacity cannot truly imagine the sacrifices that are made by the men and women of our intelligence services. For most, it is not so much a job but a way of life. But there are career opportunities that arise—it may be a promotion or more flexible or suitable work arrangements—and what the government can and should do is make it easier for them to do what our country asks of them. Should they choose to move between government agencies or departments, we can certainly make it easier for them to do so.

The bill will also amend the Work Health and Safety Act 2011 to enable the Director-General of ASIS, with the approval of the minister responsible for the Work Health and Safety Act, to make a declaration that specified provisions of the act do not apply or apply subject to modification in relation to work carried out for ASIS. In other words, it gives the director-general the authority to carve out or provide exemptions to ASIS employees from the application of the act. As it currently stands, the director-general is unable to make such a declaration. I do not think it takes too much imagination to think of situations in which our ASIS employees overseas would find it difficult for them to comply, to the letter, with the Work Health and Safety Act. So this amendment does give greater legal clarification to the operation of the provisions of that act.

Importantly, it will provide ASIS with the same level of legal certainty that is currently afforded to both the Australian Defence Force and the Australian Security Intelligence Organisation. My understanding is that the heads of both the ADF and ASIO have been able to make such declarations to carve out the application of the Work Health and Safety Act to their particular agencies. This will ensure that full compliance with the act does not jeopardise Australia's security or the protection of its interests. As the bill's explanatory memorandum makes clear:

… full compliance—

with the act—

could in some circumstances place people who work for the Director-General of ASIS at risk and prejudice national security.

So requiring ASIS employees to meet all the provisions of the Work Health and Safety Act while they are overseas could involve placing them at risk. No Australian should doubt the difficult circumstances in which ASIS operates overseas. Managing risk is a core part of its business. As stated by its director-general, Nick Warner, in July 2012—the first ever public address about ASIS:

We have to manage risk across the whole range of our activity, from keeping our own staff and agents safe, to ensuring the integrity of our operational work and the validation of our sources.

ASIS fulfils an important role in protecting Australia's security and her interests. The need for such an agency was conceived by Prime Minister Robert Menzies in the early years of his post-World War II prime ministership. He said he had:

… decided to establish a secret intelligence service which, when organised in due course, will operate in South East Asia and the Pacific areas adjacent to Australia.

Menzies noted at the time:

Recent developments in Asia and our 'near north' make this both a prudent and an urgent measure.

The service was established in 1952 as part of the Department of Defence. It is one of the six agencies that make up the Australian intelligence community. Of course, it has since evolved into a larger, geographically dispersed organisation helping to safeguard and advance our national interest on a much wider and broader front. Its contribution to our country is needed as much today as when it was first established in the early days of Prime Minister Bob Menzies. Accordingly, the coalition is pleased to lend its support to this bill.

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