A review of the legislation governing the Australian intelligence community has found the legal framework to be well-maintained and largely fit for purpose.
The first investigation of its type in almost 40 years, the review by former Director-General of the Australian Security Intelligence Organisation (ASIO) Dennis Richardson, was released last week (4 December) along with the Government’s response.
Attorney-General Christian Porter said the Comprehensive Review of the Legal Framework of the National Intelligence Community was the most substantial review into the legislation governing Australia’s intelligence community since the Hope Royal Commissions in the 1970s and 1980s.
“The Richardson Review affirms that this framework has been well-maintained and is largely fit for purpose and that the National Intelligence Community is well-adapted to meeting current and future challenges,” Mr Porter said.
“The Review shows not only do our Agencies work tirelessly to keep Australia safe, they are just as focused on making sure they do so within the limits of the law,” he said.
“The Government will take forward a number of targeted reforms based on the Richardson Review and has agreed in full, part or principle to 186 of the 190 unclassified recommendations.”
Mr Porter said the centrepiece of the reforms would be the creation of a modernised legislative framework to govern electronic surveillance activities.
“The use of these powers is subject to strict safeguards, independent oversight and a range of transparency and accountability mechanisms,” the Attorney-General said.
“However, the review found that the existing framework has become unnecessarily complex, and in many ways has been outpaced by technology, and requires major reform,” he said.
Mr Porter said the new framework would replace the parts of several existing Acts that governed electronic surveillance powers, including the Telecommunications (Interception and Access) Act, the Surveillance Devices Act and the Australian Security Intelligence Organisation Act.
He said action would also be taken on other recommendations including a new framework for ASIO’s offshore activities; streamlining the emergency warrant framework; ensuring that oversight was better embedded into intelligence legislation when created; and establishing an independent panel to provide technical expertise and assistance to the Inspector General of Intelligence and Security.
The four volumes of the unclassified Richardson Report can be downloaded at this PS News link and the Government’s 52-page response at this link.
