George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

The answer to both of those questions, Senator Ludlam, is no. But, since you refer to the parliamentary intelligence committee's report, might I acquaint you—since you seem to be unaware of the relevant recommendations—with recommendations 26 and 27, which dealt with the matter of freedom of the press.

In response to recommendation 26, the government adopted the committee's recommendation that there be a further consideration of the issue by the committee for three months. In responding to that recommendation, the government noted:

… that Australia's existing legal framework is founded on robust legal principles to provide fair and equal treatment of all subject to its laws

The same laws, Senator Ludlam, apply to all citizens and they ought to apply equally. But perhaps even more germane is recommendation 27. The government adopted a recommendation by the PJCIS to:

… amend the Bill to require agencies to provide all authorisations issued for the purpose of determining the identity of journalists' sources be provided to the Commonwealth Ombudsman or the Inspector-General of Intelligence and Security as appropriate at the next relevant inspection.

The government also agreed to a recommendation to amend the bill to require agencies to notify the Attorney-General of each such authorisation and further require the Attorney-General to provide a report annually to the Parliamentary Joint Committee on Intelligence and Security.

So, Senator Ludlam, this issue was addressed. It was addressed in a bipartisan fashion. It was the subject of two bipartisan recommendations, both of which have been adopted by the government.