Inquiry into an Intelligence Agency Matter

During 2019-20, the Inspector‑General commenced and completed an inquiry into the adequacy of mental health support provided by an intelligence agency to one of its former employees. The inquiry resulted from a public interest disclosure (PID) made to IGIS in May 2019 by the former employee. It alleged there were deficiencies in the mental health support provided by the Agency while the employee was undergoing a security clearance review for cause. It is a condition of employment with the Agency that employees hold, and maintain, a security clearance.

On 2 August 2019, following a preliminary inquiry into the complainant’s allegation, the Inspector‑General initiated a formal inquiry under s 8 of the IGIS Act. The inquiry examined the mental health services provided by the Agency, the facts and circumstances relevant to the complainant’s mental health requests and the adequacy of the Agency’s response to those requests.

IGIS conducted multiple in‑depth witness interviews and reviewed many thousands of the Agency’s classified records relevant to the inquiry. The scope and detail of relevant material was substantial and the review process was time-consuming. Disruptions arising from the COVID‑19 pandemic also delayed the process of the inquiry.

To assist the inquiry, legal advice from the office of the Australian Government Solicitor on a Commonwealth agency’s duty of care obligations was provided. The Work Health and Safety Act 2011 requires that a Commonwealth agency must exercise due diligence to ensure the health and safety of its employees in so far as is reasonably practicable. As a matter of law and propriety the employer, exercising due diligence, must be aware of the risk or it must be reasonably foreseeable.

The inquiry was completed on 17 June 2020. In regards to the matters under investigation, the inquiry found evidence contrary to the allegations made and, in all the circumstances, no evidence to support the allegations made against the Agency. The Agency did not refuse any requests for support and, furthermore, there was a reasonable level of access by the complainant to psychological support. The inquiry concluded that, in the circumstances, the Agency took all reasonably practicable steps to ensure the health and safety of its employee. The inquiry highlighted the importance of intelligence agencies having a robust system of mental health and welfare support services in place, and ensuring that these are readily available to employees and subject to regular review and improvement.

The classified inquiry report made one recommendation which the Agency has accepted and undertaken to implement as soon as practicable. IGIS continues to engage with the Agency and seeks regular updates. IGIS will continue to monitor the adequacy of mental health and welfare support provided by this Agency and intelligence agencies in general.