IGIS Annual Report 1993-94

DEFENCE SIGNALS DIRECTORATE (DSD)


Monitoring Activities

128. I continued to monitor the way in which the Defence Signals Directorate adheres to the rules relating to signals intelligence and Australian persons and companies. I did this by conducting spot checks at DSD headquarters in Canberra.

129. The rules are designed chiefly to protect the privacy of ordinary Australian citizens, and from what I saw during the year they do this admirably.

  1. DSD has an extremely effective system for ensuring that breaches of the rules are kept to an absolute minimum and are promptly corrected when they occur. During the previous year, there were 28 breaches, a figure which I described in my 1992-93 report as infinitesimally small. This year there were 12 breaches or .01 of one percent of all of DSD’s published reports. Many of these were technical breaches: some involved the naming of large publicly known organisations and all were corrected quickly.

Complaints against DSD

131. I reported last year that 1 had received two complaints against DSD. Both are still under examination.


Did DSD discriminate against an applicant for a job?

132. My inquiry continues into this complaint from an unsuccessful applicant for a position in DSD that she had suffered discrimination on the basis of gender and marital status, and an invasion of her privacy, during a selection interview conducted on behalf of the Directorate by the Australian Army Psychology Corps.


Did DSD infringe the human rights of an employee by discriminating against her on the basis of her sexual preference?

133. In my last annual report I noted that I was investigating a complaint from an employee of DSD. The basis of the complaint, which was referred to me by the Human Rights and Equal Opportunity Commission, was whether it was discriminatory for DSD to pay different transfer benefits to officers in homosexual relationships than are paid to officers in heterosexual relationships.

134. This case has progressed slowly, in part because of the chronic shortage of resources that has plagued my Office and, more recently, because of the pressures of the Commission of Inquiry into ASIS. Also, at one stage, I was obliged to discontinue my inquiry following legal advice which indicated that I lacked jurisdiction. That advice has since been reversed.




OFFICE OF NATIONAL ASSESSMENTS (ONA)
DEFENCE INTELLIGENCE ORGANISATION (DIO)

135. There were no requests from Ministers to conduct investigations into ONA and DIO, and there were no references regarding these agencies in relation to human rights. As was the case in the previous year, therefore, my dealings with these agencies were limited to keeping in touch with the Directors and staff of both.




OVERSEAS VISITOR

136. During the year, I met with and briefed the Director of Domestic and External Security Secretariat in the New Zealand Department of the Prime Minister and Cabinet who was interested in discussing Australia's accountability and oversight arrangements for intelligence and security agencies and my role as Inspector-General.




THE PARLIAMENTARY JOINT COMMITTEE ON ASIO

137. I had no formal contact with the Parliamentary Joint Committee on ASIO during the year since I was not called upon to give any further evidence in relation to its reference on the way ASIO performed its function of giving security assessments.




CORPORATE OVERVIEW


Significant Developments

138. During the reporting year the Office moved to a new location within the same building and is therefore still co-located with the Department of the Prime Minister and Cabinet. The move itself was a difficult undertaking as maintaining 'business as usual' and ensuring security of documents and other material was, at times, quite difficult. However, all staff acquitted themselves very well and the move was carried out as smoothly as possible.

139. Another significant development during the reporting year was the connection of this Office to the Department of the Prime Minister and Cabinet's financial management information system (GAMES) and personnel and salaries system (NOMAD).


Internal and External Scrutiny

140. Internal scrutiny of the monitoring of expenditure has been assisted by the connection of the Office to GAMES and NOMAD.

141. In relation to external scrutiny the Australian National Audit Office (ANAO) has also conducted audits of this Office's administration. The main outcome of which was the Inspector-General taking up the recommendation by the ANAO that this Office prepare new guidelines relating to official hospitality. This Office also received an unqualified audit report on the financial statement for the year ended 30 June, 1994.

142. The Inspector-General also reports on inquiries conducted under his legislation to the relevant portfolio minister and at the end of each financial year, to the Prime Minister and, through him, to the Leader of the Opposition.


Staffing

143. During the year Ms Tracey Wilson joined my permanent staff from the private sector.

144. In 1993-94 I received approval to increase my permanent staffing establishment by two positions, an increase of 40%. One position was at the level of Administrative Service Officer Class 5, to which Ms Wilson was appointed, and the other was at the Senior Officer Grade C level. This latter position is occupied on a temporary basis pending permanent filling.

145. Following the announcement of the Commission of inquiry into ASIS, I asked that Mr Peter Hanks, a barrister of the Melbourne Bar, be briefed to assist me and my Office as legal counsel for the purposes of that Inquiry. Mr Hanks is instructed by Mr Ross McClure, a solicitor in the Melbourne office of the Australian Government Solicitor. I expect to retain the services of Mr Hanks and Mr McClure until December 1994.

146. The ASIS Commission of Inquiry has placed a considerable extra workload on me and my office. This has been in the form of preparing written statements and other submissions relevant to the Inquiry's terms of reference. To help us cope with this additional work 1 was successful in obtaining the funding to create a temporary position at the Senior Officer Grade C level.. I expect that as the workload increases I may also need to augment the legal team with secretarial support.

147. At the time of writing I am trying to form a small task force of three or four Senior Officers at either the Grade B or C level, supported by an Administrative Service Officer Class 3, to help me finish the investigation of several recent complaints made to me against ASIS. 1 aim to complete these inquiries as well as all other outstanding ASIS inquiries by December 1994, so that the ASIS Commission of Inquiry can take into account the conclusions I reach and the recommendations I make in relation to these matters.

148. The main problem I am faced with in creating this task force is to find at short notice suitable officers who are both available and who have the necessary security clearances. Accordingly, I have turned principally to the Foreign Affairs and Trade, Attorney-General's and the Prime Minister and Cabinet portfolios. The funding for these positions is yet to be finalised.

149. Ironically, the quest for more resources, as well as administrative matters generally, always seem to divert a disproportionate amount of my small Office's existing resources. However, I continue to receive the active support of our portfolio department, Prime Minister & Cabinet, in such matters, for which I am grateful.

150. Because of the effort that we are currently directing at ASIS-related issues, I have very few resources to spare for the ASIO- and DSD-related complaints which are before me. 


Composition of the Office

Inspector-General of Intelligence and Security:

(Statutory Office-holder, Secretary equivalent)

Assistant Inspector-General

(Senior Executive Band 1)

Senior Investigation Officer:

(Senior Officer Grade C)

Personal Assistant to the Inspector-General:

(Administrative Service Officer Class 5)

Executive Officer:

(Administrative Service Officer Class 5)

Administrative Assistant/Personal Assistant to the Assistant Inspector-General:

(Administrative Service Officer Class 3)

Temporary staff seconded to the Office:

Performance Pay

  1. During the 1993 -94 financial year three members of the staff of this Office were eligible for performance pay. The total paid was $10 500.

Social Equity and Justice

152. The Office of the Inspector-General of Intelligence and Security is fully committed to the implementation of the Government's Social Justice Strategy as well as Access and Equity within the Australian Public Service.

153. This Office also has a requirement to help relevant Ministers oversee the activities of Australia's intelligence and security agencies to ensure that the agencies respect human rights. In fulfilling this requirement I have inquired into a number of complaints which have involved aspects of social equity and justice. I have gone into some detail in describing these in earlier chapters on specific agencies but they have included complaints of discrimination on the basis of race, gender and sexual preference.


Equal Employment Opportunity

154. The Equal Employment Opportunity Plan of the Department of the Prime Minister and Cabinet also applies to this office. The principles laid out in the Plan ensure that my staff are selected on merit and are encouraged to participate in development and training courses.


Industrial Democracy

  1. The Office's Industrial Democracy Plan continues to provide for staff to have access to all relevant information and to ensure that their views are sought and taken into account when decisions about workplace issues are made. The aims of the Plan have again been met during the year.

Occupational Health and Safety

156. The Office of the Inspector-General of Intelligence and Security is incorporated into the Occupational Health and Safety Plan of the Department of the Prime Minister and Cabinet. This arrangement has been in place for a number of years and continues to be the most appropriate and practical way for my office to meet it's obligations under the Occupational Health and Safety Act.


Training Guarantee (Administration) Act 1990

157. The Office's payroll for 1993-94 was $377,435, which required the minimum expenditure on staff training at the stipulated 1.5 per cent rate to be $5,662. Eligible training expenditure was $3,175 or 0.8 per cent of payroll.

158. All of the office's staff participated in training programs recognised for the purposes of the training guarantee legislation. These included a number of training programs run by the Department of the Prime Minister and Cabinet, which were free of charge and are therefore not reflected in the office's training expenditure.


Consultancies

159. This Office did not engage any consultants during the 1993-94 financial year.


Advertising and Market Research

160. The Office expended $956.56 on general advertising during the reporting period. All advertising was in relation to position vacancies within the Office.

161. No market research and no advertising campaigns were undertaken by this Office during the reporting period.


Freedom of Information Act 1982

162. Under sub-section 7(2) of the Freedom of Information Act the Office of the Inspector-General of Intelligence and Security is exempt from the operation of this Act.