The Year 2006–07 in Prospect
The following is a summary of the main activities planned for 2006-07.
Completion of term as Inspector-General
I was appointed as Inspector-General of Intelligence and Security on 23 March 2004 for a period of three years. My current term as IGIS will therefore expire on 22 March 2007.
Section 26 of the IGIS Act provides that persons holding the office of Inspector-General are eligible for reappointment, but may not be appointed to the office more than twice.
The following plans reflect current intentions but will obviously not be binding on my successor, should I not be reappointed.
New building
OIGIS has been physically collocated with the Department of the Prime Minister and Cabinet (DPMC) for more than fifteen years. The Secretary of DPMC has agreed to continue this arrangement when DPMC moves into a new purpose built building in early 2007.
The new building is located at 1 National Circuit, Barton, ACT, which is next door to its current premises.
Significant security and information communication technology planning is required to ensure that our move to this new building occurs with a minimum of disruption to our core business activities. I will continue to monitor developments closely and develop plans for our relocation which maintain the security of the office without compromise to our operations.
Staffing and recruitment
Funding was provided in the 2006-07 Federal Budget to increase the number of staff employed in OIGIS from six to twelve positions by 2009–2010. The funding has been staggered so that the average staffing level of the office will grow in a phased manner to match the growth of the AIC.
It is my intention to engage two additional staff in 2006–07, to assist in the management of the office and the conduct of various inspection activities. I will expand our visits and inspections program to the maximum extent possible within the resources allocated to the office. This will include conducting some pilot inspection activities to inform where our work can be best targeted.
Inspection activity
ASIO
It is again my intention to review all requests for warrants and associated documentation. We will be particularly vigilant in monitoring the use of so‑called “B-party” warrants which have been provided for as a result of recent amendments to the TIA Act.
In selected cases we will follow up 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.
We will also conduct independent checks on telecommunications services which are being intercepted to ensure compliance with relevant warrant conditions.
In 2005–06 my office was represented for the full duration of questioning conducted pursuant to questioning warrants which had been granted to ASIO. It is my intention to continue this practice during 2006–07, although the duration of attendance at these questioning sessions will be determined on a case by case basis having regard to a variety of factors, including whether the subject has legal representation. It is my intention for my office to be represented on at least the first day of every such warrant. Wherever possible I will do this personally.
We will examine all requests for authorities to investigate generated in ASIO’s central office and as many authorities generated by ASIO’s regional offices as we can access during our periodic visits. The files on which actions resulting from the authorities are recorded will also be examined.
We will check that all special powers warrants are supported by current general level authorities or other special authorisations which have been endorsed at senior management levels.
We will continue monitoring ASIO’s access to, and use of, AUSTRAC and taxation records, to ensure compliance with the legislation and the memorandums of understanding under which this access is provided.
We will continue to monitor ASIO’s procedures for controlling the use of alternative documentation associated with assumed identities but due to our confidence in existing controls and procedures these inspections will be less frequent and undertaken on a sampling basis only.
We 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. We also intend to observe, participate in and otherwise support 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.
ASIS
We will continue our practice of reviewing all ministerial submissions which are lodged by ASIS.
We will closely review all ministerial authorisations which are sought under the ISA.
We will continue to closely inspect operational files having regard to the legality and propriety of the conduct of ASIS officers. I will continue to engage former Inspector-General, Mr Bill Blick, to assist in this task until at least the end of 2006, at which time I will review this arrangement.
I intend to maintain our close scrutiny of records relevant to ASIS’s compliance with the privacy rules.
It is my intention to meet with ASIS’s intelligence coordinators, legal and policy staff approximately every two months to discuss issues arising out of our inspection activities.
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 will continue to be closely monitored.
ASIS’s procedures for controlling the use of alternative documentation associated with assumed identities will be reviewed.
I will continue to address ASIS training courses and other forums on accountability.
I will also 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.
It is my intention to visit two ASIS posts overseas.
DSD
We will continue to access and review each DSD submission to the Minister for Defence seeking a ministerial authorisation under the ISA.
We will continue to monitor DSD’s compliance with its obligations under the DSD privacy rules.
We will meet key DSD staff on a monthly basis to discuss issues arising out of our monitoring activities, the monitoring undertaken by the Office of Compliance within DSD, 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.
We will test the efficacy of new arrangements concerning ministerial authorisation expiry dates, once implemented. We will also undertake some other checks on the collection systems.
I will continue to address DSD training courses and other forums on accountability.
It is my intention to visit DSD sites in Australia.
DIGO
We will review all submissions made by DIGO to the Minister for Defence seeking a ministerial authorisation under the ISA.
We will closely monitor DIGO’s compliance with the newly introduced DIGO privacy rules.
We will continue to closely review all tasking requests which are levied on or by DIGO in respect of Australian territory or Australian interests.
We will conduct meetings approximately every two months at DIGO Headquarters to discuss issues arising out of the above inspection activities, and to discuss matters of common interest with relevant DIGO senior managers. Each visit will also involve a visit to an area within DIGO to meet the staff and be briefed on their current activities.
It is my intention to visit DIGO’s Bendigo facility.
ONA
Consistent with the power recently granted to the IGIS under section 8(3)(c) of the IGIS Act, we will continue to engage in activities to review the statutory independence of ONA.
These activities will include periodic meetings with the Director-General ONA, conducting staff surveys, interviewing senior mangers and analysts within ONA, and interviewing external customers of ONA.
We will also closely monitor the application of ONA’s privacy guidelines.
DIO
We will contemplate undertaking inspection activities designed to further the objectives of the IGIS Act. The development of any such inspection activity will involve consultation with the Director DIO.
We will regularly review DIO’s compliance with the recently issued DIO privacy guidelines.
It is my intention to meet with DIO senior management either prior to, or after, each privacy guidelines related visit we undertake to DIO headquarters.
Inquiries and complaints
Four 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.
It is not possible to predict future inquiry workloads but it is likely that the pattern of our inquiry work will not differ markedly from the pattern of previous years.