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IGIS Annual Report 1998-99 |
DEFENCE INTELLIGENCE ORGANISATION
148. I received no request to conduct inquiries under the IGIS Act into DIO and there were no references from the Human Rights and Equal Opportunity Commission.
149. Major-General Crews retired as Director, DIO, during the reporting period and his successor had not been appointed at the close of the period.
Complaints about DIO
150. I received one complaint about DIO during the reporting period. This complaint is summarised below:
Was a DIO employee subjected to harassment both within and outside of the workplace? Was DIO's response to the alleged harassment appropriate?
151. In April 1999, the Human Rights and Equal Opportunity Commission referred a complaint about DIO to me pursuant to section 11(3) of the HREOC Act 1986, which requires that HREOC refer complaints about any of the intelligence and security agencies to the Inspector-General.
152. Section 8(3)(b)(i) of the IGIS Act makes clear that when HREOC refers a complaint it is entirely a matter for the Inspector-General's discretion whether to conduct an inquiry.
153. After considering the matter in detail, I advised the complainant to access grievance procedures that exist within the Department of Defence.
154. I take the view that this discretion exists so that the Inspector-General is able to pursue human rights matters that are of national security significance and/or are related to intelligence activities. This view is supported by other provisions of the IGIS Act which exclude inquiry into employment-related grievances. Reference from the HREOC should not provide a way around these exclusions.
| 1998-99 |