Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

This Government is committed to robust integrity frameworks and enhancing existing mechanisms to ensure statutory oversight of intelligence agencies is commensurate with their responsibilities and powers.

The Inspector-General of Intelligence and Security (IGIS) plays an important role in meeting this commitment by assisting Ministers in overseeing and reviewing the activities of the Australian intelligence agencies for legality and propriety and for consistency with human rights. The Inspector-General performs a number of integral oversight functions including completing inspections, inquiries, and investigations into complaints involving these intelligence agencies.

This Bill modernises the Inspector-General of Intelligence and Security Act 1986 (the IGIS Act) and enhances the agency's oversight of the Office of National Intelligence, the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service, the Australian Signals Directorate, the Australian Geospatial-Intelligence Organisation and the Defence Intelligence Organisation. The Bill also improves the IGIS' oversight of the use of Network Activity Warrants by the Australian Federal Police and the Australian Criminal Intelligence Commission.

The IGIS Act was first introduced in 1986 and was designed for a smaller agency, and a different Commonwealth integrity framework. This Bill will enhance IGIS's oversight of the agencies within its existing jurisdiction, ensuring Australia's oversight functions are commensurate with modern National Intelligence Community (NIC) functions. This will provide the community with further assurance that Australia's intelligence agencies are subject to robust oversight and integrity. The majority of the measures in this Bill have previously been reviewed and unanimously supported by the Parliamentary Joint Committee on Intelligence and Security.

The Bill

This Bill introduces amendments to ensure that the IGIS is able to share information, subject to appropriate safeguards, with other Commonwealth integrity bodies including the Commonwealth Ombudsman. The ability for the IGIS to share information with an integrity body where it is relevant to that integrity body's functions will enhance Australia's integrity framework by facilitating access to information required for oversight purposes. These amendments will also strengthen the IGIS's ability to coordinate with other integrity bodies and minimise duplication in resources.

There are strong information protections in place that support IGIS officials to deal with the highly sensitive information obtained in their roles. This Bill will amend the IGIS Act, as well as other Commonwealth legislation, to ensure that people are not prevented from disclosing information, that may otherwise be subject to secrecy offences, to IGIS officials for the purpose of performing their duties or functions, or exercising powers. This will facilitate effective oversight by ensuring that IGIS officials can receive and have access to the information they require to perform their oversight role.

This Bill implements recommendations 172 and 174 of the Comprehensive Review of the Legal Framework of the National Intelligence Community to prevent the head or deputy head of an agency within IGIS jurisdiction from being appointed as the IGIS immediately after serving in that position, and to allow the IGIS to consider employment related grievances for staff employed under the Office of National Intelligence Act 2018. These measures will promote the independence of the IGIS, and resolve an oversight gap to ensure that staff employed under the Office of National Intelligence Act have access to independent review of employment grievances.

This Bill makes a range of additional amendments to the IGIS Act to ensure that the legislation governing the IGIS is adapted to contemporary circumstances. This includes technical amendments to improve clarity, modernise drafting expressions and remove redundant provisions, and address certain limitations in the IGIS' oversight functions and powers in order to facilitate effective oversight.

This Bill represents an important enhancement to the IGIS's existing oversight of Australia's intelligence agencies. Effective oversight is critical to building and maintaining trust in Australia's intelligence agencies and their important role, and ensuring that the Australian people have confidence in the activities that are pursued in their name.

These measures are a further step in supporting the Government's commitment to robust accountability and integrity frameworks, and enhancing existing mechanisms to facilitate effective oversight.

Debate adjourned.