Read The Times Australia

Daily Bulletin

Major reform of surveillance laws proposed by review

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra
Major reform of surveillance laws proposed by review

A new single legislative framework governing electronic surveillance activities in Australia has been recommended by a sweeping review of the nation’s intelligence laws.

The review found the existing laws governing this area are complex and outdated by changing technology.

The new act – not designed to alter powers – would cover telecommunication interception, covert access to stored communications, computers and telecommunications data, and the use of optical, listening and tracking devices.

The comprehensive review, led by Dennis Richardson, who previously headed the departments of defence and foreign affairs, as well as ASIO, and served as ambassador to the United States.

The Richardson report runs to 1600 pages and 203 recommendations, 13 of them classified. A declassified version was released by Attorney-General Christian Porter on Friday.

In general, the review – the most extensive since the inquiries of the 1970s and 1980s – gave a tick to the principles underpinning current security and intelligence legislation. But it found it in need of rationalisation and modernisation. Porter characterised the reforms as evolutionary rather than revolutionary.

The review did have sharp observations about some agencies, including noting “an immature understanding of the foundational principles governing the intelligence agencies”.

“This lack of understanding led some agencies to suggest that legitimate safeguards should be removed to, for example, facilitate better information sharing or relieve administrative burdens,” the report said.

“The term ‘administrative burden’ tends to be thrown around too loosely by the [national intelligence community] agencies. Government should be wary of, and properly test, such claims.”

The government has accepted almost all the recommendations, including for the new surveillance legislation. Some are accepted in principle or in part. Only four recommendations – none of them classified – have been rejected.

Richardson’s report warns that reforming the surveillance legislation will take years. “This is due to the issues at play, the multitude of interested stakeholders at the Commonwealth, state and territory level and the controversy which attaches to what are, arguably, the most intrusive powers of the state”.

Porter said other changes the government would pursue included

  • strengthening ministerial control over ASIO’s offshore activities

  • streamlining the provisions for issuing emergency warrants

  • ensuring oversight was better embedded when intelligence legislation is created

  • establishing an independent panel to provide technical expertise and assistance to the Inspector General of Intelligence and Security (IGIS).

One of the rejected recommendations would have enabled the parliamentary committee on security and intelligence to be able to request the IGIS to inquire into “the legality and propriety of particular operational activities”.

In its rejection, the government said: “It remains appropriate for ministers to primarily oversee operations and be accountable to parliament”.

The review recommends widening ASIO’s power to collect foreign intelligence. Foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.

An example would be a dual citizen working in Australia on behalf of a foreign government. The amendment would allow the attorney-general to issue a warrant in relation to the person for the purpose of obtaining foreign intelligence, while the person is in Australia.

At present “ASIO may obtain warrants authorising it to collect foreign intelligence inside Australia. However a warrant cannot be issued for the purpose of collecting information concerning an Australian citizen or permanent resident. This applies while they are in Australia.

"This prohibition should not apply where an Australian citizen or permanent resident is acting for, or on behalf of, a foreign power.”

The review recommended changes to prevent the delegation of the attorney-general’s powers in relation to ASIO warrants and authorisations.

It also found “room to improve” how agencies manage risks to foreign relations.

“There is a simple need for agencies to consult and inform [the foreign affairs department] more readily than what they are doing at present when they are engaging in risky offshore activity.”

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/major-reform-of-surveillance-laws-proposed-by-review-151480

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Match Replacement Roof Tiles on an Older Home

Renovating or repairing an existing roof comes with quite a few headaches, and matching the old roof...

Sydney Academy Partnership Targets Talent Development for Travel and Hospitality

VFS Global Academy’s Australian expansion will focus on practical skills and career development thro...

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...

The Importance of Reliable Plumbing Services During Home Renovations

A freshly renovated bathroom can make an ordinary Monday morning feel a little more inviting. The ne...

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...

Why Your Dental Clinic Is Not Getting Enough New Patient Bookings From Google

Introduction SEO for Dentist is not just about getting a dental clinic to appear somewhere on Goo...

Low Water Pressure in Sunbury: Is the Problem Inside Your Home or Outside It?

Low water pressure is one of those problems that can send a homeowner in the wrong direction. A we...