Role of the Inspector-General

The IGIS is an independent statutory office holder who reviews the activities of the agencies which collectively comprise the AIC. The IGIS has own motion powers in addition to considering complaints or requests from ministers.

There are currently six intelligence and security agencies which form the AIC, namely:

• Australian Security Intelligence Organisation (ASIO)
• Australian Secret Intelligence Service (ASIS)
• Defence Signals Directorate (DSD)
• Defence Imagery and Geospatial Organisation (DIGO)
• Defence Intelligence Organisation (DIO), and
• Office of National Assessments (ONA).

The office was formally established by the Inspector-General of Intelligence and Security Act 1986 (IGIS Act) and commenced operating on 1 February 1987.

The Office of the Inspector-General of Intelligence and Security (OIGIS) is situated within the Prime Minister’s portfolio for administrative purposes, but as an independent statutory office holder, the IGIS is not subject to general direction from the Prime Minister or other Ministers on how the functions under the IGIS Act should be carried out.

The role and functions of the IGIS are set out in sections 8, 9 and 9A of the IGIS Act. These sections provide the legal basis for the IGIS to conduct regular inspections of the AIC agencies and to conduct inquiries, of varying levels of formality, as the need arises.

The overarching purpose of these activities is to ensure that each AIC agency acts legally and with propriety, complies with ministerial guidelines and directives, and respects human rights.

The majority of the resources of the office are directed towards on-going inspection and monitoring activities, so as to identify issues or concerns before they develop into systemic problems which then require major remedial action.

The inspection role of the IGIS is complemented by an inquiry function. In undertaking inquiries the IGIS has very strong investigative powers, akin to those of a Royal Commission.

Inquiries are conducted in private because they almost invariably involve highly classified or sensitive information, and the methods by which it is collected. The public ventilation of this material could be potentially very harmful to those persons involved in its collection, or compromise collection, neither of which would serve the national interest.

The role and functions of the IGIS are an important part of the overall accountability framework to which the AIC agencies are subject. While the IGIS focus is the operational activities of the AIC agencies, they are also subject to review by the Parliamentary Joint Committee on Intelligence and Security (PJCIS), as well as the Australian National Audit Office (ANAO). Certain ASIO assessments can be appealed to the Administrative Appeals Tribunal (AAT). Proceedings can also be instituted against AIC agencies in the Courts.