ACCOUNTABILITY AND REVIEW
1. Legislation
The Intelligence and security agencies are subject to the operation of Australian law unless specifically exempted because of the nature of their work.
The Inspector-General of Intelligence and Security Act 1986 establishes the IGIS as an independent statutory officer with extensive powers to scrutinise actions of the intelligence and security agencies. The IGIS is within the Prime Minister's portfolio but is not a part of any other government agency or department.
The Australian Security Intelligence Organisation Act 1979 prescribes ASIO's functions and provides for the Attorney-General to issue guidelines to ASIO.
The Office of National Assessments Act 1977 prescribes ONA's functions and requires ONA to report annually to the Prime Minister.
The Intelligence Services Act 2001 prescribes the functions of the Australian Secret Intelligence Service (ASIS), the Defence Imagery and Geospatial Organisation (DIGO) and the Defence Signals Directorate (DSD) and also establishes a parliamentary committee to review the administration and expenditure of these three agencies as well as ASIO, ONA and the Defence Intelligence Organisation (DIO).
There is currently no legislation specific to the Defence Intelligence Organisation (DIO).
2. Parliament
As mentioned above, the Intelligence Services Act establishes the joint parliamentary committee on intelligence and security and ministers are accountable to Parliament for the agencies on a day-to-day basis.
The IGIS and other agencies are also subject to scrutiny by Senate legislation committees on their budget allocations, and issues relevant to their functions.
ASIO and IGIS produce annual reports which are tabled in the Parliament. The activities of DSD, DIO and DIGO are referred to in the Department of Defence annual report, while ONA and ASIS do not produce public annual reports.
The IGIS annual reports record among other things the number and nature of complaints to the IGIS and the monitoring activities undertaken by the IGIS. Where possible reports include as annexes major inquiry results released publicly.
3. Ministerial oversight
The executive government consists of ministers and parliamentary secretaries elected to the parliament who are members of the political party, or coalition of parties having a majority in the House of Representatives.
The ministers responsible for the intelligence and security agencies are:
ONA |
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| ASIS |
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ASIO |
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DSD, DIO, DIGO |
The heads of the intelligence and security agencies answer to their ministers in accordance with normal governmental arrangements, subject in the case of ASIO, ASIS, DIGO, DSD and ONA, to specific provisions in legislation.
In addition to oversight by individual ministers, the work of the agencies is guided by the National Security Committee of Cabinet (NSC), which includes the Deputy Prime Minister and the Treasurer in addition to the ministers listed above. The NSC, which the Prime Minister chairs, sets broad policy, priorities and budgets for the agencies.
The NSC is supported by the Secretaries Committee on National Security (SCNS), a committee of senior officials chaired by the Secretary of the Department of the Prime Minister and Cabinet. SCNS:
- advises the NSC on national security policy
- coordinates implementation of policies and programs relevant to national security
- gives guidance to departments and agencies involved in intelligence and security.
Other accountability mechanisms
The agencies are bound by the rule of law and their actions are, consequently, subject to scrutiny by the courts. Security considerations may require on occasion that proceedings not take place in public.
Specialist tribunals also have jurisdiction over aspects of agencies' activities.
The Administrative Appeals Tribunal can review decisions to exempt records over 30 years old from release under the Archives Act 1983.
The Security Division of the Administrative Appeals Tribunal can hear appeals from people who require a security clearance in order to perform their employment, but have received a qualified or negative assessment from ASIO. Appeals can also be heard against decisions to cancel or not issue passports on security grounds.
The Australian National Audit Office includes ASIO, ASIS, DIGO, DIO, DSD and ONA within the scope of its audit program.