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The year 2008-09 in prospect
The following is a summary of the main activities which I propose be undertaken by either myself or my staff during 2008–09.
Inspection and review activities involving AIC agencies
ASIO
OIGIS will continue to pay very close attention to the granting of special powers warrants to ASIO and the execution of these warrants.
Given that nearly all warrants are authorised by the Attorney-General, and the Attorney-General also has direct executive responsibility for ASIO, it is appropriate that there be some form of external oversight of the warrants process. In addition to this, as every category of special powers warrant which is available to ASIO relies on methods and capabilities which either are, or have the potential to be, coercive and/or intrusive, it is important that these powers be subject to external oversight.
It is therefore my intention that OIGIS will review every warrant which is issued to ASIO and all associated accountability documentation.
It is also my intention that, in a number of selected cases, the review will go beyond the basic warrant documentation and examine relevant operational case files to obtain a fuller understanding of the operation in question.
As indicated elsewhere in this annual report, ASIO has commenced utilising “B-party” telecommunications interception warrants, when other collection methods have proven to be ineffective, or are not available.
I will continue to be especially vigilant in monitoring all aspects of the use of “B-Party” warrants during the 2008–09 reporting period.
Whenever this office conducts a warrants inspection, I will ask ASIO to also provide for inspection any authorisations which have been issued in order to obtain prospective telecommunications data.
My staff will also continue to conduct independent checks on telecommunications services which are being intercepted to ensure that they comply with relevant warrant conditions.
As discussed in the “ASIO” chapter of this annual report, it has been the practice of the office to be present for at least the first day of questioning which is conducted pursuant to any questioning warrant which has been granted to ASIO. It is my intention to continue this practice during 2008–09, should any questioning, or questioning and detention warrants be granted to ASIO.
Several years ago section 23 of the ASIO Act was amended to provide ASIO with the power to compel airline and vessel operators to provide information.
I propose conducting inspection activities during the forthcoming reporting period to ensure that ASIO’s collection activities comply with their legal obligations and to ensure that any data which is collected is handled appropriately.
During 2007–08 members of my staff and I commenced meeting with senior ASIO personnel on a monthly basis. As I believe that these meetings have been successful in advancing the interests of this office, and have hopefully been of benefit to ASIO as well, I intend to continue these meetings for the foreseeable future.
My staff will examine investigative approvals generated in ASIO’s central office and those generated by ASIO’s State and Territory offices during our periodic visits. The files on which actions resulting from the approvals are recorded will also be examined.
I will continue monitoring ASIO’s access to, and use of, AUSTRAC and taxation records, to ensure compliance with the legislation and the various MOUs under which this access is provided.
I will continue to monitor ASIO’s procedures for controlling the use of alternative documentation associated with assumed identities, but will do this on the basis of internal audit and exception reporting rather than by previous methods.
I will also continue to monitor ASIO’s performance with regard to its obligations under the Archives Act 1983.
My office will continue to make presentations to ASIO training courses on ethics and accountability, and intends to observe training activities associated with ASIO’s intelligence officer training program.
ASIO’s internal audit program will be monitored and I will obtain reports on reviews that are of interest to this office.
On occasion this office is consulted by ASIO in the development of internal guidelines and procedures. I intend for this office to provide constructive and timely input to all requests for comment of this kind.
Subject to the resources available to this office, it is my intention to conduct several pilot projects or reviews, as a means of scoping future inspection activities.
It is my intention to spend more time, if I am able, visiting functional areas of ASIO which are new or with which this office has not had frequent contact in the past, in order to deepen our knowledge of ASIO.
ASIS
During 2008–09 this office will design and conduct inspection activities to ensure that ASIS complies with its MOU obligations, should it seek to access any financial transaction records held by AUSTRAC, or to communicate any information of this kind, to other parties.
In addition to this new inspection activity my office will continue our standing practice of reviewing all ministerial submissions which are lodged by ASIS with its Minister, and also closely review all MAs which are sought by ASIS under the terms of the ISA.
I will continue to closely monitor the application of the guidelines and protocols associated with the provision of, training in, and use of weapons and self-defence techniques by ASIS staff.
Despite my best intentions I was not able to observe a weapons training course during 2007–08. It is therefore my intention that either I or a senior member of my staff should do so during 2008–09, in order to gain a first hand appreciation of what is involved.
My staff will continue to closely inspect operational files having regard to the legality and propriety of the conduct of ASIS officers.
I intend to maintain our scrutiny of records relevant to ASIS’s compliance with the privacy rules, although the methods we use will be subject to review.
It is my intention to meet with ASIS’s intelligence coordinators, legal and policy staff approximately every six weeks, to be briefed on emerging issues and to discuss issues arising out of our inspection activities.
ASIS’s procedures for controlling the use of alternative documentation associated with assumed identities will also be the subject of review.
I or senior members of my staff will continue to address ASIS training courses and other forums on accountability.
I will also continue to meet with more senior ASIS officers before they proceed on postings to reinforce that they are subject to internal and external scrutiny and are accountable for their conduct.
DSD
My office will continue to access and review each DSD submission to the Minister for Defence seeking an MA under the ISA.
I will continue to monitor DSD’s compliance with its obligations under the DSD privacy rules.
My staff and I will meet key DSD staff on a monthly basis to discuss issues arising out of our monitoring activities, the internal monitoring activities undertaken by the relevant section in DSD which deals with such matters, and policy issues affecting compliance.
I expect DSD to continue to consult me on a range of operational matters and my office will provide prompt advice on issues related to legality and propriety.
My office will continue to address DSD training courses and other forums on accountability.
We will initiate projects to review selected DSD activities and/or to gain a better appreciation of DSD’s various capabilities.
DIGO
My office will review all submissions made by DIGO to the Minister for Defence seeking an MA under the ISA.
I will review internal submissions made to Director DIGO specifically seeking authorisation in respect of Australian territory or Australian interests.
I will also closely monitor compliance with the DIGO privacy rules.
My office will meet with relevant DIGO senior managers approximately every two months at DIGO Headquarters to discuss issues arising out of the above inspection activities, and to discuss matters of common interest.
DIO
I will complete the inquiry into analytic integrity of DIO assessments.
My office will regularly review DIO’s compliance with the DIO privacy guidelines.
ONA
I intend to plan and commence a further examination of the independence and integrity of ONA assessments.
I will meet with Director-General ONA on an occasional basis, to discuss matters affecting his agency, or the wider AIC, as circumstance dictates.
My office will also monitor the application of ONA’s privacy guidelines.
Inquiries and complaints
Three inquiries under the IGIS Act were in progress at the close of the reporting period. I expect to conclude investigations into each of these matters during the first half of the new reporting period.
OIGIS staffing and recruitment
During the 2007–2008 reporting period I recruited two full time on-going officers and lost one full time on-going officer on transfer and one to retirement.
I initiated two major staff selection exercises during 2007–08 with a view to identifying appropriately qualified staff at the APS 6 and Executive Level 1 employment classifications.
The first exercise, which was conducted in the first half of 2007–08, proved fruitless when the two preferred candidates withdrew their applications during the security clearance process after having found alternate positions which were immediately available and which did not require the holding of a security clearance.
The office conducted another selection exercise in the second half of 2007–08 with a view to recruiting up to three staff. Preferred candidates were identified in June 2008 and have each commenced the security clearance process. I am hopeful that this will prove to be more fruitful.
As I have funding to further expand the size of OIGIS, one current staff member is approaching retirement, and it is possible that other staff might wish to pursue employment elsewhere, it is probable that the office will conduct further selection exercises in 2009–10.
I am hopeful that should additional staff be recruited that I will be able to enhance our existing visits and inspections program by devoting more time and more staff to specific inspection and review tasks, and to add new inspection tasks as appropriate.
Other OIGIS corporate activities
In addition to acting upon the staffing needs of the office, I am keen to progress several other corporate activities.
As mentioned elsewhere in this annual report, I am keen to update and revamp the IGIS website.
I intend to devote further resources to developing a tailored and comprehensive business continuity plan for OIGIS, to ensure that the work of the office could be continued in the event of a disaster or some other unanticipated event.
The machines and equipment upon which any modern office relies have a finite life and some of those which exist in OIGIS are reaching the end of their productive lives. I am therefore keen to explore options to upgrade and replace this equipment, if this is possible.
Other matters to be pursued
The above items are indicative of my intentions but by no means comprise an exhaustive list. As the 2008–09 reporting period progresses no doubt new matters will arise of which I am currently unaware, which will require attention.