Who is the IGIS?

The Inspector-General of Intelligence and Security (IGIS) oversights and reviews the activities of Australia’s intelligence and security agencies:

• Australian Security Intelligence Organisation (ASIO)
• Australian Secret Intelligence Service (ASIS)
• Defence Signals Directorate (DSD)
• Defence Imagery and Geospatial Organisation (DIGO)
• Defence Intelligence Organisation (DIO), and
• Office of National Assessments (ONA).

The IGIS is an independent person who is appointed by the Governor-General. The IGIS is completely separate from all the agencies.

The current IGIS is Mr Ian Carnell who was appointed in March 2004.

 

What does the IGIS do?

Under the Inspector-General of Intelligence and Security Act 1986, the IGIS provides independent assurance to the Australian Government, the Parliament and the community that the agencies:

• conduct their activities according to Australian law
• behave with propriety
• obey ministerial guidelines and directives, and
• respect human rights.

The IGIS:

• regularly visits agencies to check their records
• conducts special inquiries into agency activities
• investigates complaints about the agencies, and
• reports the results of inquiries to Ministers, the Prime Minister and the Parliament.

 

How can the IGIS help you?

You can make a complaint about the agencies that collect intelligence — ASIO, ASIS, DSD or DIGO.

Even where there are strict secrecy rules (eg ASIO’s questioning and detention warrants) you can still give information to the IGIS when you make a complaint.

The IGIS can investigate complaints about a range of actions including:

• unlawful ‘bugging’ of telephones
• inappropriate surveillance
• inappropriate actions during searches
• poor recruitment practices
• delays in security assessments for visas, and
• handling of applications for access to archives.

The IGIS cannot investigate complaints about the Australian Federal Police or the immigration authorities. The Commonwealth Ombudsman may be able to help in those cases.

 

Are all complaints investigated?

In deciding to investigate a complaint the IGIS considers:

• whether the matter complained of actually involves an intelligence or security agency
• how long ago the events happened
• whether the agency concerned has or is already doing a review of its own
• whether there is someone else who would be better able to review the matter, and
• whether the matter is serious enough to investigate.

 

What happens when you make a complaint?

Your complaint will be given careful attention.

The IGIS has extensive powers to obtain information and can:

• require a person to answer questions and produce relevant documents
• take sworn evidence, and
• enter the premises of intelligence and security agencies.

If a preliminary inquiry shows little or nothing of concern, the IGIS will usually tell you within a few weeks.

If a full inquiry is needed, the investigation will take longer depending on how much needs to be checked and how many people need to be interviewed.

Investigations and inquiries by the IGIS are carried out in private , as they usually touch on sensitive national security issues.

Unless there are special reasons, it is normal for the agency concerned to be made aware of a complaint made against them so it can comment on the allegations.

However, any public reporting such as the annual report to Parliament does not usually name who made complaints.

 

What’s the end result?

Where the IGIS finds a complaint is justified, or if a report of a full inquiry is critical of an agency, he must consult with the agency head and responsible Minister.

The IGIS can recommend that an agency reconsider or change a decision, change its rules or procedures, or pay compensation for any loss that has been suffered as a result of its decisions or actions.

Although Ministers or agencies are not bound to do what the IGIS recommends, they usually do. The IGIS can report to the Prime Minister and the Parliament if he is not happy with what Ministers or agencies have done about his report.

 

How can you contact the IGIS?

There are no fees or charges and no formal steps for making a complaint, but you will usually be asked to put things in writing, giving as much information as you can.

If you want to make a complaint, you can telephone or write to the IGIS.

You can also contact the IGIS by e-mail but sometimes, for security reasons, we may need to send you letters through the post.