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The year 2003-2004 in prospect
320. The following is a summary of the main activities planned during the remainder of my term, which ends early in 2004.
Inspection activity
ASIO
321. We intend to inspect all requests for warrants and associated documentation. In selected cases we will follow up these inspections by seeking full details of investigations carried out under warrant, including examining the relevant files and, if necessary, discussing operations with the responsible ASIO officers.
322. We will attend, at our discretion, the questioning of persons detained under the authority of a warrant issued in accordance with section 34D of the ASIO Act.
323. We will continue monitoring ASIO’s access to and use of AUSTRAC and taxation records, to ensure compliance with the legislation and the MOUs under which this access is provided.
324. We propose also to inspect all requests for authorities to investigate (ATIs) generated in the Canberra office and as many ATIs as possible on visits to ASIO’s regional offices.
325. We will inspect the files on which actions resulting from the ATIs are recorded, examine records of authorities provided for less intrusive inquiries, and monitor the appropriateness of the existing policy.
326. Where ASIO obtains details about Australians from DSD or ASIS reporting we will, if necessary, examine the relevant records in ASIO.
327. We will review ASIO’s procedures for controlling the use of alternative documentation associated with assumed identities.
328. We will continue to monitor ASIO’s performance with regard to its obligations under the Archives Act 1983.
329. We have a standing invitation from ASIO to address training courses for its staff on ethics and accountability. We expect to visit several ASIO offices for this purpose and to conduct inspection work when doing so.
330. We will continue to monitor ASIO’s internal audit program and obtain reports on reviews that are of interest to this office.
Inquiries
331. I expect to complete the inquiries that were still on foot at the end of the reporting year.
332. In relation to ASIO’s execution of warrants to authorise overt searches, I expect to suggest a number of procedural improvements, including the establishment of agreed procedural guidelines with the Australian Federal Police and State police services.
333. As one of the outcomes of a complaint about ASIO’s security assessments of an applicant for permanent residence, I expect to suggest a range of measures to reduce the likelihood of unfairness in the assessment process.
ASIS
334. We plan to inspect records relevant to ASIS’s compliance with the ASIS privacy rules on a daily basis and meet with relevant ASIS staff approximately every two months.
335. I expect also to have further discussions with ASIS management about issues relating to interpretation of the rules and the guidance ASIS provides to its staff.
336. We will review all ASIS’s submissions to the Minister for Foreign Affairs seeking ministerial authorisations under section 9 of the Intelligence Services Act.
337. We will continue to inspect operational files with regard to the legality and propriety of the conduct of ASIS officers in the field.
338. Where ASIS obtains details about Australians from DSD reporting we will, if necessary, examine the relevant records in ASIS.
339. I will continue to meet with ASIS officers before they proceed on postings to reinforce that they are subject to internal and external scrutiny and are accountable for their conduct.
340. We will review ASIS’s procedures for controlling the use of alternative documentation associated with assumed identities.
341. I will continue to address ASIS training courses and other forums on ethics and accountability issues.
DSD
342. Our principal activity will be to monitor DSD’s compliance with its obligations under the DSD privacy rules.
343. We will conduct spot audits of DSD records to monitor compliance with ministerial authorisations under the Intelligence Services Act.
344. We will meet key DSD staff on a monthly basis to discuss issues arising out of our monitoring activities, and policy issues affecting compliance, as they arise.
345. We expect DSD will continue to consult us on a range of operational matters. We will in turn continue to assist with prompt advice on issues related to legality and propriety.
346. We will continue to address DSD training courses and other forums on ethics and accountability issues.
347. We plan to visit and inspect the operations of at least one DSD facility outside Canberra each year.
DIGO
348. My staff and I plan to visit DIGO on a regular basis to review the Organisation’s compliance with the Rules Governing DIGO’s Activities in Respect of Australia and Australians.
349. We will pursue amendments to the IGIS Act to formalise this office’s jurisdiction over the organisation.
Inquiries
350. Ten inquiries under the IGIS Act were in progress at the close of the reporting year. I expect to conclude investigations into each of these cases during the first half of the new reporting year.
351. It is not possible to predict future inquiry workload but there is no reason to expect any significant departure from previous years’ patterns.
International
352. The fourth biennial conference of international intelligence oversight bodies is planned to take place in the USA in 2004. I expect that my successor will attend this valuable conference.