Parliamentary joint committees make recommendations to Australian Government concerning covert powers for the federal Anti-Corruption Commission and government decision-making in relation to armed conflict

Parliamentary Joint Committee supports covert powers for federal Anti-Corruption Commission 

Medianet Press Release, 29 March 2023:

Committee supports covert powers for Anti-Corruption Commission

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Parliament of Australia

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The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022.

The report considers Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022, which was passed into law in December 2022.

Item 250 amended section 110A(1) of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to allow the National Anti-Corruption Commission (NACC) access to stored communications and telecommunications data.

The Committee made seven recommendations in relation to the reform of Australia’s electronic surveillance framework, parliamentary privilege and security of information.

The Committee noted that Item 250 gives a wide range of covert powers to the NACC and considered the effect of the use of these powers on parliamentary privilege. The Committee recommended the Government ensure the protection of parliamentary privilege in relation to the use of covert powers in its Reform of Australia’s Electronic Surveillance Framework. Further the Committee considered that the TIA Act should be expressly amended to ensure that the provisions of that Act do not abrogate parliamentary privilege.

The Committee also recommended that, given the sensitivity of information to be collected and stored by the NACC, it should be required to comply with the Essential Eight Maturity Model to Maturity Level Three as recommended by the Australian Cyber Security Centre. Finally, the Committee recommended that employees at the NACC hold a security clearance of at least Negative Vetting Level 1, with increased requirements up to Positive Vetting depending on their access to sensitive information.

Committee Chair Mr Peter Khalil MP said: ‘The Committee supports allowing what will be Australia’s premier anti-corruption agency the covert powers necessary to undertake its important work. The Committee has recommended some additional measures to ensure that the NACC can operate effectively while ensuring necessary protections for parliamentary privilege, and for sensitive information.”

Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website. 

ENDS

Parliamentary Joint Committee concluded there is a clear need to improve the transparency and accountability of government decision-making in relation to armed conflict 

Medianet Press Release, 31 March 2023:

'War Powers' Inquiry into International Armed Conflict Decision Making

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Parliament of Australia

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The Defence Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade has completed its examination on how Australia makes decisions to send service personnel into international armed conflict.

Defence Subcommittee Chair, Mr Julian Hill MP, said “The power to declare war and send military personnel into conflict is arguably the most significant and serious institutional power, and the gravest decision a government can make.

“Through this inquiry, the Committee has carefully and seriously considered fundamental questions regarding decision-making in relation to international armed conflict and parliamentary oversight, both preceding and during the commitment of the Australian Defence Force.

“The Committee has concluded there is a clear need to improve the transparency and accountability of government decision-making in relation to armed conflict. Australia’s system of parliamentary democracy is likely to be kept healthy, effective, and well-adapted by making sensible changes that respect our well-established institutions and conventions.

“Accompanying recommended changes to the Cabinet Handbook and new Standing Resolutions of both Houses of Parliament, the Government has an historic chance to exercise leadership and establish the Joint Statutory Committee on Defence to enhance Australia’s national security while providing increased parliamentary scrutiny of Defence.

“In 1988, Prime Minister Bob Hawke created the Parliamentary Joint Committee on ASIO, rejecting the advice of the Hope Royal Commission not to enhance parliamentary oversight of the intelligence agencies. History has proved he was right to do so, and the Government is encouraged to emulate Prime Minister Hawke’s example and act to strengthen national security and enhance the accountability of Defence to the Parliament.

“The Committee is convinced that greater transparency and parliamentary consideration of the decision to commit forces to an armed conflict can and must occur, and commends this report, on this most serious of subjects, to the Government”.

The Committee’s recommendations are to:

• Reaffirm that decisions regarding armed conflict are fundamentally a prerogative of the Executive, while acknowledging the key role of Parliament in considering such decisions, and the value of improving the transparency and accountability of such decision-making in the pursuit of national interests.

• Amend the Cabinet Handbook to:

• Restore the primacy of the Governor-General under Section 68 of the Australian Constitution to give effect to decisions of government in relation to war or warlike operations, particularly in relation to conflicts that are not supported by resolution by the United Nations Security Council, or an invitation of a sovereign nation

• Require a written statement to be published and tabled in the Parliament setting out the objectives of major military operations, the orders made and legal basis

• Require Parliament to be recalled as soon as possible to be advised and facilitate a debate in Parliament at the earliest opportunity following a ministerial statement, based on the 2010 Gillard model, including a statement of compliance with international law and advice as to the legality of an operation

• Introduce Standing Resolutions of both Houses of Parliament to establish expectations of Executive Government in relation to accountability for decisions in relation to international armed conflict, including regular Statements and Updates from the Prime Minister and Minister for Defence.

• Establish via legislation a new Joint Statutory Defence Committee, modelled on the Parliamentary Joint Committee for Intelligence and Security, able to receive classified information to improve parliamentary scrutiny of Defence strategy, policy, capability development acquisition and sustainment, contingency planning, and major operations.

Thank you to the many stakeholders and submitters who contributed thoughtfully to the inquiry whose carefully formed and expert views are acknowledged with respect and drawn upon in this report.

Further information in relation to the inquiry is available from the JSCFADT’s website.

ENDS