Don Farrell (SA, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I rise to speak in favour of the Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Bill 2018. It gives effect to recommendations 3(b) and 6 of the 2017 Independent Intelligence Review to establish the Australian Signals Directorate as an independent statutory agency within the Defence portfolio. The intelligence review found that ASD's functions and responsibilities have over time changed such that greater independence within the Defence portfolio is warranted. Labor supports the transition of the ASD to an independent statutory authority and the associated amendments contained in this bill.

I note that, under this bill, staff of the ASD will not be employed by the director-general of the ASD or under the Public Service Act 1999. Under the new legislative framework, ASD staff will be Commonwealth officers and not APS employees. This is the same employment framework that applies to ASIO and ASIS employees. Labor supports this change on the basis that it will give ASD greater flexibility in attracting and retaining its highly specialised workforce.

I note that, in a submission to the Senate committee inquiry into this bill, the Community and Public Sector Union, whilst supporting the establishment of ASD as a statutory authority, raised three possible areas of concern due to the move away from the Public Service Act. These issues were: staff mobility, that is, ease of movement within other APS agencies; redeployment, that is, access to the APS redeployment policy if declared excess or potentially excess; and paid maternity leave as ASD will no longer be covered by the Public Service Act and is not currently a prescribed authority under the maternity leave act. I note that the minister addressed all three of these issues in her earlier contribution to the debate. I thank her for her explanation and assurances that no ASD employee will be disadvantaged by the transition to the statutory authority.

Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

As Chair of the Senate Foreign Affairs, Defence and Trade Legislation Committee, I too rise to speak on the Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Bill 2018. There is no greater responsibility for any government and for any parliament than to ensure the safety and security of its people. This bill implements a key pillar of the Australian government's reforms of our intelligence and national security landscape. These are the most significant reforms in decades. These include the establishment of a new Home Affairs portfolio, the creation of the Office of National Intelligence, and transforming the Australian Signals Directorate into a statutory agency.

On 7 November 2016 the Prime Minister announced an independent review of the Australian intelligence community. The timing of the review was consistent with the 2011 Independent Review of the Intelligence Community recommendation that periodic review occur every five years. On 18 July 2017 the Prime Minister released the unclassified version of the 2017 Independent Intelligence Review report. The review made 23 recommendations in relation to the structural, legislative and oversight architecture of the intelligence community, including the establishment of the Australian Signals Directorate, as I said, as an independent statutory agency within the Defence portfolio.

This bill implements the recommendations of the 2017 Independent Intelligence Review. ASD's functions will be expanded to include the Australian Cyber Security Centre and allow the centre to cooperate with persons and bodies in the Intelligence Services Act 2001. ASD noted that in effect this will allow ASD to advise and assist business and the community directly, which is a long overdue and much-needed requirement in today's intelligence environment. The bill will also enable the transfer of the Computer Emergency Response Team and its functions relating to cyber policy and security from the Attorney-General's Department to ASD.

Scott Ryan (President) Share this | Link to this | Hansard source

Order, Senator Reynolds. It being 2 pm, the debate is interrupted. You'll be in continuation when the debate resumes.