Senate debates

Tuesday, 5 September 2023

Bills

Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Bill 2022; In Committee

1:08 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Again, the government tabled its response as part to the PJCIS report on 27 July. Ensuring the IGIS is, and is seen to be, independent from agencies it oversees is imperative to maintaining public confidence in office of IGIS. The bill would make it explicit in the IGIS Act that a person who is the head or deputy head of an intelligence agency within IGIS' jurisdiction is not eligible to be appointed as the inspector-general immediately after they finish their role within an intelligence agency. This amendment reflects existing practices in appointing the inspector-general and was recommended by the comprehensive review recommendation 172. The former government agreed to the recommendation of the comprehensive review in December 2020.

This measure seeks to prevent the most acute circumstances where actual or perceived conflicts of interest are likely to result in an undermining of trust in the IGIS. However, not all the prior experience within an intelligence agency would necessarily amount to actual perceived conflict of interest, but it is important government otherwise has the discretion to consider all of the circumstances and isn't arbitrarily prevented from choosing the ideal candidate. These amendments were also included in the then Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020, introduced by the previous Attorney-General, Christian Porter.

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