MARK DREYFUS MP

Member for Isaacs

Government Scraps National Security Legislation Monitor Before Bill Passes Parliament

12 May 2014

The Abbott Government has allowed the position of the Independent National Security Legislation Monitor fall vacant, before their legislation to scrap the position has even been debated in the Parliament.

THE HON MARK DREYFUS QC MP
SHADOW ATTORNEY-GENERAL
SHADOW MINISTER FOR THE ARTS
MEMBER FOR ISAACS
MEDIA RELEASE

GOVERNMENT SCRAPS NATIONAL SECURITY LEGISLATION MONITOR BEFORE BILL PASSES PARLIAMENT

The Abbott Government has allowed the position of the Independent National Security Legislation Monitor fall vacant, before their legislation to scrap the position has even been debated in the Parliament.

The Abbott Government has allowed the position of the Independent National Security Legislation Monitor fall vacant, before their legislation to scrap the position has even been debated in the Parliament.

As part of the Government's recent "repeal day" Tony Abbott announced the abolition of the Independent National Security Legislation Monitor. The Independent National Security Legislation Monitor Repeal Bill 2014 was introduced on 19 March and read a first time.

This bill remains before the Parliament, with neither the Parliament nor Senate having had the opportunity to debate or vote on it.

The Government is obliged by law to fill this important position.

The Prime Minister has not appointed an Acting Monitor, and it is clear the Government had not even begun the process of appointing a new National Security Legislation Monitor before the expiry of the current Monitor's term.

The Government and the Prime Minister are showing their contempt for the Parliament and our nation's democratic processes by simply assuming their bill will pass, effectively abolishing the Monitor before their bill has even been debated.

The Labor Government created the Independent National Security Legislation Monitor to review Australia's national security laws and counter-terrorism laws on an ongoing basis and determine whether they remain necessary, effective, proportionate and consistent with our international human rights obligations.

Bret Walker SC was appointed as the first Independent National Security Legislation Monitor in 2011 for a three year term. His position fell vacant on 21 April.

Mr Abbott's abolition of this role speaks volumes about his Government's twisted priorities. He is seeking to remove safeguards that protect the rights of the Australian public by labelling the Monitor as unnecessary red tape'.

The Prime Minister has also incorrectly claimed the role of the Independent Security Monitor's review has ended'. The Monitor was always intended to be an important ongoing role, not a short-term project.

The Independent Security Monitor is modelled on a similar institution in the United Kingdom that has operating successfully over a decade.

Under legislation, the Monitor is required to review the operation, effectiveness and implications of Australia's counter-terrorism and national security legislation on an ongoing basis.

The Monitor is required to consider whether the laws contain appropriate safeguards for protecting the rights of individuals, remain proportionate to any threat of terrorism or threat to national security or both, remain necessary and are consistent with Australia's international obligations.

Labor thanks Bret Walker SC for the significant work he has done during his three year term as Independent National Security Legislation Monitor.

MONDAY, 12 MAY 2014