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
_____________________________________________
Parliament
of Australia
_____________________________________________
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
______________________________________________
Parliament
of Australia
______________________________________________
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
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