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IGIS Annual Report 1998-99 |
THE YEAR IN REVIEW
Inspection Activities
4. The year 1998-99 saw a continued emphasis on increasing the
incidence of inspection activity in relation to the intelligence collection agencies, namely, ASIO, ASIS and DSD.
5. I wrote to the heads of these organisations setting out a comprehensive inspection program and the protocols I intended to adopt for reporting the outcome of inspections.
6. These proposals were readily accepted by the agency heads and they and their staffs provided the fullest cooperation and assistance to these inspection programs, details of which are provided in the sections of this report dealing with the agencies.
Complaints and Referrals
7. In the first half of the reporting period there were very few complaints but after Christmas a number of complainants approached the office, some with significant concerns, and in two cases these complaints resulted in formal inquiries under the IGIS Act. There was also a formal inquiry as the result of a referral from the Attorney-General.
8. As in previous years the great bulk of complaints were about ASIO but in addition there were three complaints about DSD (two of which led to a preliminary inquiry), and one about DIO (referred from the Human Rights and Equal Opportunity Commission under its legislation).
9. The total number of new complaints leading to a preliminary or full inquiry was 15, down from 18 in 1997-98. The number of such complaints finalised was 12.
10. As a result of one formal inquiry I recommended to the
Attorney-General that legislation be introduced to provide for merits
review of adverse security assessments in limited circumstances. Details of the inquiry are at paragraphs 83-91.
Jurisdictional and Legal Issues
Consultation on possible legislation
11. From time to time proposals arise within government for legislation which might have an impact on the office or jurisdiction of the Inspector-General of Intelligence and Security. That occurred on several occasions during the reporting year and the relevant agencies ensured that I was included, as appropriate, in the deliberative processes leading to the development of new legislation.
Amendments to IGIS Act
12. In March 1999 the government introduced amendments to the
Inspector-General of Intelligence and Security Act 1986 to implement three proposals referred to in the 1997-98 annual report, namely:
- the inclusion of explicit recognition in the Act that the Inspector-General has the function of inspecting the activities of the intelligence and security agencies;
- authorising the Inspector-General to inform specialist authorities of the identity of a complainant if there is an actual or perceived threat to the safety of any person; and
- streamlining the number of steps involved in clearing reports following a formal inquiry.
Increase in ASIO's powers to obtain intelligence
13. The government also introduced legislation to extend ASIO's capacity to access information from computers, to obtain and execute warrants to use tracking devices and to obtain information from the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Taxation Office.
14. The acting Inspector-General, Mr Ron McLeod, presented evidence to the Parliamentary Joint Committee on ASIO, in its inquiry into the proposed legislation.
15. If these reforms are accepted, the Inspector-General will monitor and report on ASIO's access to AUSTRAC material and tax records.
16. Similarly, activity by ASIO pursuant to its new warrant powers will be the subject of inspection by the Inspector-General, as will the warrant documentation which ASIO is required to provide to the Attorney-General. Most media commentary on the legislation ignored or glossed over the stringent accountability requirements applying to the new powers.
Australian Imagery Organisation (AIO)
17. A potential jurisdictional issue has arisen in relation to the Australian Imagery Organisation (AIO) which is presently established within DIO but is in the process of becoming a more self contained and separate organisation. I had discussions with senior officials of the Defence department about the possible need, in due course, for amendments to the IGIS Act in the event that the AIO becomes formally separate from DIO.
Public Profile
Sunday
18. I and the Director DSD were approached in March 1999 by a
representative of the Channel Nine current affairs program, Sunday, who was preparing a segment about DSD. We both wrote to the journalist concerned. The text of my letter is at Annex 1. The text of the Director DSD's letter is at Annex 2.
19. I subsequently agreed to a request to be interviewed for the program which was broadcast on 23 May 1999. In agreeing to be interviewed publicly
I took the view that, as the primary accountability mechanism for the intelligence and security agencies, I should not refuse a reasonable request to give a public account of the office's involvement with one of these agencies.
Internet access
20. Early in the reporting period I began the process of establishing a site for the office on the internet. The site became accessible to users in December 1998 at http://www.igis.gov.au.
21. Enquirers are able to access a summary of the office's functions, an overview of the accountability arrangements for the intelligence and security community, the text of the office's annual reports and other background material. There is also provision for enquirers to contact the office by electronic mail and there has already been some use of this facility by intending complainants.
International Conference
22. My predecessor hosted the first international conference of
Inspectors-General in Canberra in November 1997. With the Prime Minister's approval I attended the second conference, held in Ottawa in June 1999.
23. As in 1997 the conference discussed matters of mutual interest to bodies engaged in oversight of intelligence and security agencies. The topics discussed included relationships with the media and with politicians, resource issues and the effect of the existence of oversight bodies on the culture of the security agencies.
24. I also took the opportunity to discuss more sensitive issues with my Canadian and British counterparts and to visit security establishments in Canada, the United States and the United Kingdom.
Espionage Inquiry
25. The arrest of a former DIO employee in the United States on suspicion of espionage led the government to request that I conduct an inquiry into the circumstances of the case. The inquiry is an administrative inquiry, not conducted under the provisions of the IGIS Act. There has not been a need for compulsory powers as there has been total co-operation from those I have needed to approach. I expect to provide my confidential report to the government in the first half of the 1999-2000 reporting year.
Review of RCIS Papers
26. The Secretary of the Department of the Prime Minister and Cabinet asked me to examine the most sensitive records of the Royal Commission on Intelligence and Security (1977) and advise him on their status. In providing him with that advice in late May 1999 I was able to report that these records are still kept under very secure conditions.
Administration
27. In accordance with standing arrangements approved by the Prime Minister, the Commonwealth and Defence Force Ombudsman acted for me on occasions when I was absent from duty and I wish to record my gratitude to Mr McLeod for his assistance in this regard.
28. DSD continued to provide support for the office's secure computer network and undertook to provide the necessary upgrade to deal with the year 2000 problem.
29. As in previous years the Department of the Prime Minister and Cabinet provided accommodation and some administrative support for the office, for which I wish to express gratitude both to the corporate support area of the department and to the Secretary, Mr Moore-Wilton.
| 1998-99 |