Australian Secret Intelligence Service

Monitoring Activities

141. As was the case with the other collection agencies, I wrote to the Director-General of ASIS in February 1997, seeking to regularise my monitoring activities by gaining agreement to a work plan which I had proposed. The Director-General accepted this plan, which now forms the basis of my continuing monitoring activities.

142. As in past years, a particular focus of my monitoring this year was ASIS' handling of foreign intelligence information concerning Australian persons. Very few breaches were detected and those that were, were of a technical nature only.

143. The rules governing the manner in which ASIS reports and distributes foreign intelligence information it collects are approved at Ministerial level.

144. The present Rules have been in force since 1988 and are currently being reviewed. I will be contributing to the review which, when complete, will be passed to the Minister for Foreign Affairs for his consideration.

145. Some readers will recall that the Samuels Commission of Inquiry into ASIS recommended that my Office should widen its examination of ASIS activities as a part of the enhanced accountability framework it proposed. As a result of this recommendation, the Director-General invited me in 1995-96 to examine a representative sample of operational records of the Service.

146. In this reporting period I increased the number of operational files I examined, with a view to being satisfied that ASIS' activities were both proper and lawful. This activity will form the basis of a regular audit of ASIS' operational files and will strengthen the level of assurance I am able to provide to the Minister on ASIS' compliance with its approved charter and operating procedures.

147. My inspections during 1996-97 have not revealed anything untoward which needed to be drawn to the attention of the Minister.

Complaints about ASIS

148. During the 1996-97 reporting period I received one referral from the Minister for Foreign Affairs, and I initiated one 'own motion' inquiry.

149. In both instances I provided full reports to the Director-General of ASIS and the Minister for Foreign Affairs, each of whom accepted my conclusions and recommendations.

150. The sensitivities associated with ASIS' operations preclude public reporting of either inquiry.