Complaints
Under the IGIS Act we can receive and investigate most complaints about the activities of intelligence agencies and the activities of the AFP and ACIC in relation to their network activity warrant functions.
The intelligence agencies we are responsible for overseeing comprise the following six agencies:
- Australian Security Intelligence Organisation (ASIO)
- Australian Secret Intelligence Service (ASIS)
- Australian Signals Directorate (ASD)
- Australian Geospatial-Intelligence Organisation (AGO)
- Defence Intelligence Organisation (DIO)
- Office of National Intelligence (ONI)
Current or former public officials who suspect wrongdoing within an intelligence agency or the activities of the AFP and ACIC in relation to their network activity warrant functions can, as an alternative to making a complaint, raise their concerns under the Public Interest Disclosure Act 2013. To read more about making a disclosure to the IGIS and receiving the protections and immunities in the PID Act, click on our link to our PID page <here>.
Who can make a complaint to IGIS?
Anyone can make a complaint to IGIS. Complaints about intelligence agencies can be made by members of the public, current or former employees of an intelligence agency, or sources or agents.
What can I complain about?
You can make a complaint to the IGIS about the actions of an intelligence agency within the Inspector-General’s jurisdiction, or about the actions of the ACIC or AFP in relation to their network activity warrant functions.
You might decide to complain to IGIS if you:
- think you have been unfairly affected by the actions or decision of an intelligence agency
- consider that an intelligence agency has acted unlawfully, improperly or in a way that is not consistent with human rights
- are a current or former employee of an intelligence agency and you have followed all internal processes to try to resolve the subject matter of your complaint.
When handling a complaint about an intelligence agency’s decision, we consider the way the decision was made and the processes that were followed. Where we consider that there are issues as to the legality or propriety of the process, we may make recommendations to the agency on how the decision or process could be improved. However, it is important to note that we cannot overturn a decision.
Sometimes people contact us to make a complaint about matters that are outside our jurisdiction or powers. In these cases, we will tell you if we cannot help and will try to refer you to the right complaint-handling body to assist you.
If your security clearance was denied and you wish to appeal the decision, first contact the agency that sponsored your application and request information about the internal review options. You may also wish to seek independent legal advice about your review or appeal options.
We do not review the substantive merits of a security clearance assessment and cannot overturn a decision. However, we may be able to examine procedural aspects of security assessments made by an intelligence agency. Where we consider there has been a processing error, an assessment lacks balance or objectivity, or there are questions as to the legality or propriety of the process, the IGIS may ask the agency to conduct a fresh assessment.
If you believe there has been an error of this nature or the process has not been objective or fair, you may make a complaint to us.
If your employer is suspending or withdrawing your security clearance, then you should have ordinarily been provided with written notice of this and details of any appeals process. If you have not received information about any appeals process available to you, you should first request this from your employer.
We do not review the substantive merits of decisions relating to security clearances. However, where the employer is an intelligence agency, in some circumstances we may be able to review the legality and propriety of the decision- to ensure the process was fair and objective.
We can only investigate complaints about visa and citizenship matters in limited circumstances and only where they involve the actions of an intelligence agency.
IGIS cannot help with:
- complaints about the Department of Home Affairs,
- status updates on visa or citizenship applications,
- allegations of visa fraud, or
- other immigration-related matters that do not involve an intelligence agency.
These matters should be directed to the Department of Home Affairs in the first instance.
If you are not satisfied with the response from the Department of Home Affairs, you may wish to contact the Commonwealth Ombudsman.
If you have a complaint about the actions of an intelligence agency in relation to a visa or citizenship application, please include the following details in your complaint:
- name of the visa/citizenship applicant as shown on their passport
- date of birth of the visa/citizenship applicant
- country of birth of the visa/citizenship applicant
- class of visa
- date of visa/citizenship application
We welcome your feedback. If you have a complaint about the IGIS, please email complaints@igis.gov.au and share your concerns and any steps you think we could take to remedy those concerns.
How can I make a complaint to IGIS?
To make a complaint, click the button below or contact our Complaints team via the following contact options:
Email: complaints@igis.gov.au
Phone: (02) 6141 4555
Post: 3-5 National Circuit, Barton, ACT 2600
Please ensure your complaint clearly identifies the intelligence agency you are complaining about.
If you are a current or former employee or contractor of an intelligence agency and wish to complain about an employment related matter, you should, where possible, first contact your employer for information about the grievance procedures that apply to your situation. In some cases, we may be limited in the action we can take if you have not attempted to resolve your concerns internally.
When contacting us, you should be conscious about the security requirements of the information you wish to provide. We can provide advice to potential complainants about the best way to securely share information with us.
For further details about sharing information securely with the IGIS, including classified information, please see the section below titled I'm bound by secrecy provisions - what information can I provide to IGIS?
Secrecy undertakings and obligations do not prevent you from disclosing information to IGIS. Subject to the below information, persons who disclose sensitive information or documents to us are protected from penalties and prosecution under other Commonwealth laws (see section 32AC of the IGIS Act for the precise limits of this protection).
All IGIS officers hold an Australian security clearance and can receive sensitive and classified information.
However, if you wish to provide classified information to us, you should contact us before you do, so we can make arrangements for you to share the information in a secure manner.
Note: There are many restrictions that apply to disclosure of information to recipients other than the IGIS. Unless a secrecy undertaking specifically states a time frame, undertakings of this kind ordinarily have an enduring effect (that is, they are binding for life). Even if a secrecy undertaking specifies a time limit, you may also be bound by legal restrictions about conveying official information without authority (Crimes Act 1914), revealing the identity of ASIO or ASIS agency staff, or details of operational activities (under the Australian Security Intelligence Organisation Act 1979 and the Intelligence Services Act 2001).
You can make an anonymous complaint to us however this may limit our ability to investigate your matter fully. Alternatively, you can provide your identity to us and request that it not be disclosed to the relevant agency.
In any case we ask that you provide some form of contact details, such as an email address. That way, we can contact you for more information where needed and provide you with updates about how your complaint is being handled.
If you do not provide us with a means of contacting you, we will not be able to seek further information from you which may limit our ability to take action on your complaint, and we will not be able to notify you of the outcome.
Our standard position is that we do not make details about individual complaints public. In some circumstances, we can provide a degree of protection to you by not revealing the source of a complaint to the agency we are investigating. However, this may limit our ability to take action on your complaint.
Details of complaints may be included in a way that does not identify you in our public reporting on our oversight activities, for example through our annual report. In some cases we may also acknowledge the existence of a complaint and a complainant if the complainant themselves has made that knowledge publicly known.
What does the IGIS do when it receives a complaint?
When someone contacts us to make a complaint, we will assess whether the matter is a complaint within our jurisdiction under the IGIS Act.
When we consider complaints, we review the actions of intelligence agencies to make sure they are acting legally, with propriety and consistently with human rights.
We have access to all records of intelligence agencies and can examine the full set of circumstances of any complaint. With access to this information, complaints and other matters can often be quickly resolved.
Where necessary, we can conduct preliminary inquiries of intelligence agencies to determine whether the Inspector‑General has jurisdiction to look into a particular complaint under the IGIS Act or, where the IGIS does have jurisdiction, whether the Inspector-General should conduct an inquiry into the complaint.
Where there are issues requiring further investigation, the Inspector-General can conduct a formal inquiry into the complaint.
Following a review of a complaint about an agency’s action we may make recommendations to the agency to address any issues we identified or to assist it to improve its practices or processes.
Complainants are always provided with as much information about the outcome as possible, taking into account relevant security considerations.
If you make a complaint, we will consider your issues carefully, and decide what action to take. We will advise you of what happens, as far as security considerations allow.
We will not confirm or deny whether you or anyone else is of interest to any intelligence agency, and will not tell you whether or not you or anyone else is subject to surveillance by ASIO.
We can look at the operational activities of intelligence agencies, including surveillance by ASIO, to assess whether the activities are legal and proper. If we have concerns about the legality or propriety of an agency's activities, then these may be investigated further.
Further Information
Further details on the number of complaints and agency responses to those complaints are contained in our Annual Report.
I want to lodge a complaint
Please click on the above button to access the complaint form.