Independent National Security Legislation Monitor

Mr Bret Walker SC was appointed by the Governor General on 21 April 2011 as the first Independent National Security Legislation Monitor (INSLM) under the Independent National Security Legislation Monitor Act 2010 (the Act). The Act can be downloaded at Comlaw.

Under the Act, the INSLM is appointed on a part-time basis for a period not exceeding three years. The INSLM is eligible for reappointment once only.

The INSLM’s role is to review the operation, effectiveness and implications of Australia’s counter-terrorism and national security legislation on an ongoing basis. This includes considering whether the laws contain appropriate safeguards for protecting the rights of individuals, remain proportionate to any threat of terrorism or threat to national security or both, and remain necessary.

Legislation

The following legislation is reviewable as part of the INSLM’s functions:

Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 and any other provisions of that Act as far as it relates to that Division;

Part 4 of the Charter of the United Nations Act 1945 and any other provisions of that Act as far as it relates to that Part;

The following provisions of the Crimes Act 1914:

  1. Division 3A of Part IAA and any other provision of that Act as far as it relates to that Division;
  2. Sections of 15AA and 19AG and any other provision of that Act as far as it relates to those sections;
  3. Part IC, to the extent that the provisions of that Part relate to the investigation of terrorism offences (within the meaning of that Act), and any other provision of that Act as far as it relates to that Part;

Chapter 5 of the Criminal Code and any other provisions of that Act as far as it relates to that Chapter;

Part IIIAAA of the Defence Act 1903 and any other provision of that Act as far as it relates to that Part;

The National Security Information (Criminal and Civil Proceedings) Act 2004;

and Any other law of the Commonwealth to the extent that it relates to Australia’s counter-terrorism and national security legislation.

Under the Act, the INSLM must give particular emphasis to provisions of the above legislation that have been applied, considered or purportedly applied during the last financial year or the immediately preceding financial year. The INSLM must also have regard to Australia’s obligations under international agreements, including human rights obligations, counter-terrorism obligations, international security obligations and arrangements agreed from time to time between the Commonwealth, the States and the Territories to ensure a national approach to countering terrorism.

Under the Act, the Prime Minister may also refer a matter relating to counter-terrorism or national security to the INSLM, either at the INSLM’s suggestion or on the Prime Minister’s own initiative.

2013 Review and Submissions to the INSLM

The INSLM is currently conducting a review of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth), and of Australia’s terrorism financing legislation as contained in Chapter 5 of the Criminal Code Act 1995(Cth) and Part 4 of the Charter of the United Nations Act 1945 (Cth).

Members of the public are invited to make a written submission to the INSLM at any time. Written submissions can be posted or emailed. They should include contact details including a day time telephone number.

Postal address: PO Box 6500 CANBERRA ACT 2600

Email address: INSLM.submissions@pmc.gov.au

Public Hearings

Transcripts from the INSLM’s public hearings under section 21 of the Act are available to download below.

Annual Reporting Requirements

The first annual report was provided to the Prime Minister on 16 December 2011, in accordance with legislative requirements. It was tabled in Parliament on 19 March 2012.

The second annual report was provided to the Prime Minister on 20 December 2012, in accordance with legislative requirements. It was tabled in Parliament on 14 May 2013.

The INSLM’s next annual report is required to be provided to the Prime Minister by 31 December 2013.

Annual Reports

Annual report coverDownloads

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Last Updated: 16 May 2013