Peter Khalil (Wills, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's advisory report on the Australian Security Intelligence Organisation Amendment Bill 2023.

Report made a parliamentary paper in accordance with standing order 39(e).

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present to the parliament the committee's advisory report on the Australian Security Intelligence Organisation Amendment Bill 2023. The bill contains a suite of amendments to:

The Australian Security Intelligence Organisation, ASIO, informed the committee that the bill would provide them with a new security vetting and clearance related function; enable the freer exchange of information between ASIO and sponsors to manage and mitigate security risks; and introduce a new review framework to ensure accountability of ASIO decisions and assessments.

ASIO also explained to our committee that these reforms make it possible for security clearance decisions for clearances sponsored by other agencies. Obviously, the continued application of part IV of the ASIO Act to security vetting and clearance related communications—if it remains, and these amendments seek to remove it—would limit the ability of ASIO and sponsors to identify, manage and mitigate security threats. Further, review rights for ASIO security clearance decisions and assessments would remain fragmented and inconsistent across those affected by them without these amendments.

The committee is committed to upholding Australia's national security interests by ensuring that the country's intelligence agencies have the necessary powers and resources to effectively protect the nation. The security clearance process is designed to ensure that only individuals who are deemed suitable and trustworthy are granted access to sensitive national security information.

At the same time, the committee recognises, importantly, that the security clearance process must also be fair and, to the extent possible, transparent. Individuals who are subject to the process have the right to procedural fairness, including the right to challenge adverse findings and to have their case reviewed by an independent body. The committee is therefore satisfied with the merits and other review processes proposed by the bill and the involvement of the Inspector-General of Intelligence and Security, the IGIS, in oversight of the powers and functions exercised under the bill.

The committee also notes, and supports, the inclusion of the new Quality Assurance Office within the Office of National Intelligence and agrees with the Office of National Intelligence that this should drive the uplift of the mandatory insider threat capability across government agencies that sponsor the new TOP SECRET-PA security clearances.

The committee had one concern, which was that human sources or agents assisting ASIO under what's termed 'other arrangements', rather than formal contracts, are captured by the term 'ASIO affiliate', and this bill would therefore allow a range of security clearance related functions to be delegated to them. Whilst the committee accepted evidence given by ASIO that a human source or agent would never be used as an affiliate to carry out security clearance functions, the legal possibility of this occurring still exists.

The committee has, therefore, recommended that the explanatory memorandum for the bill be amended, or a supplementary explanatory memorandum be presented, specifying that, notwithstanding the bill's authority to delegate functions and powers to ASIO affiliates, human sources or agents will not be used to undertake security vetting.

In conclusion, the committee reviewed this bill with a view to ensuring that the security clearance process is robust, fair and effective. Subject to the minor concerns raised above, the committee is satisfied that the bill protects Australia's national security interests while also upholding the rights and privacy of individuals.

I want to thank the deputy chair and all the members of the committee for their work on this report, which went very smoothly and in a very collegiate manner, which we all appreciate. I thank them for their work. Also, on behalf of all of us on the committee, I extend my thanks to those who participated in the inquiry by providing submissions and appearing at the public hearings. I commend this report to the House.