THE YEAR 2004-2005 IN PROSPECT
436. The following is a summary of the main activities planned during the 2004-2005 reporting period.
ASIO
437. 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.
438. 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.
439. 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.
440. 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.
441. 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.
442. We will review ASIO's procedures for controlling the use of alternative documentation associated with assumed identities.
443. We will continue to monitor ASIO's performance with regard to its obligations under the Archives Act 1983.
444. 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.
445. We will continue to monitor ASIO's internal audit program and obtain reports on reviews that are of interest to this office.
446. In relation to ASIO's execution of warrants for overt searches, I will actively encourage the development of agreed procedural guidelines involving ASIO, the Commonwealth Ombudsman, the AFP and state police services.
ASIS
447. We expect to closely monitor the application of new guidelines and protocols associated with the provision of, training in, handling and use of weapons by ASIS people.
448. 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 to discuss any related issues on a regular basis.
449. 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.
450. We will review all ASIS's submissions to the Minister for Foreign Affairs seeking ministerial authorisations under section 9 of the Intelligence Services Act.
451. We will continue to inspect operational files with regard to the legality and propriety of the conduct of ASIS officers in the field.
452. Where ASIS obtains details about Australians from DSD reporting we will, if necessary, examine the relevant records in ASIS.
453. 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.
454. We will review ASIS's procedures for controlling the use of alternative documentation associated with assumed identities.
455. I will continue to address ASIS training courses and other forums on ethics and accountability issues.
DSD
456. Our principal activity will be to monitor DSD's compliance with its obligations under the DSD privacy rules.
457. We will review ministerial authorisations and other submissions made by DSD to the Minister for Defence.
458. 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.
459. 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.
460. We will continue to address DSD training courses and other forums on ethics and accountability issues.
461. We plan to visit and inspect the operations of at least one DSD facility outside Canberra each year.
DIGO
462. 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.
463. Consistent with the recommendations of the Flood review we will pursue amendments to the IGIS Act to formalise this office's jurisdiction over the organisation.
ONA
464. We will support the necessary legislative amendments and review ONA's statutory independence along the lines recommended in the Flood review.
DIO
465. We will pursue amendments to the IGIS Act to implement the Flood review recommendation concerning an own motion capacity in respect of DIO, and monitor its activities in the light of this.
Inquiriesand Complaints
466. Nine 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.
467. It is not possible to predict future inquiry workload but there is no reason to expect any significant departure from previous years' patterns.
468. The fourth biennial conference of international intelligence oversight bodies is planned to take place in Washington DC in October 2004. I expect to attend this valuable conference