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

I do not want to revisit that, Senator Xenophon, other than to remind you that this matter was looked at very closely and promptly by the Thawley-Comley review, which was conducted by, respectively, the Secretary of the Department of the Prime Minister and Cabinet and the secretary of the Premier's department in New South Wales.

Senator Xenophon, you are right when you say that the Senate intelligence committee of the United States and the House of Representatives intelligence committee of the United States have more extensive oversight powers over the intelligence agencies in that country than does the PJCIS . When I was in Washington last year, I actually met with the then respective chairs of those committees, Senator Feinstein and Congressman Rogers. But I do not think we should fall into the trap, Senator Xenophon, of assuming that, just because the Americans do it in a particular way, that therefore represents some kind of gold standard. We in Australia have an office of Inspector-General of Intelligence and Security, which does not exist in the American system, who has a very wide ranging statutory charter to investigate the conduct of the intelligence agencies, including a power to investigate the way in which they have conducted particular intelligence operations. Now, that is a function located in that official in the Australian system that does not exist in the American system.

Lastly, having served for a term during the term of the last parliament as a member of the PJCIS, I have to tell you, Senator Xenophon, your understanding of the scope of its capacity to inquire is too limited. The PJCIS, although it does not examine operational matters in granular detail, does nevertheless receive briefings—for example, from the director-general of ASIO or the Commissioner of the Australian Federal Police—which are more than, as it were, auditing exercises. It is informed by the heads of the respective intelligence and policing agencies, in the broad, of the work they undertake, their assessment of risks and threats and where those risks and threats lie, and how the agencies are responding to them.