THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
Publication of sentencing remarks in prosecution of ‘Alan Johns’
I welcome today’s decision of the ACT Supreme Court to make public sentencing remarks from the ‘Alan Johns’ case.
The former government agreed to an unprecedented level of secrecy in the prosecution of ‘Alan Johns’ resulting in wholly closed criminal proceedings. This is not consistent with the rule of law and open justice.
In July 2022 the Independent National Security Legislation Monitor (INSLM), Grant Donaldson SC, concluded his inquiry into the use of the National Security Information (Criminal and Civil Proceedings) Act 2004 in the ‘Alan Johns’ matter and recommended the Attorney-General seek publication of a version of the sentencing remarks.
Following that report I requested the Court list the matter of the publication of Justice Burns’ sentencing remarks. While it is always a matter for the Court to determine what is published, Court proceedings, including judgments and reasons, should be as open as possible whilst ensuring national security information is protected.
The Government is committed to ensuring that appropriate laws are in place to protect national security information while ensuring the proper administration of justice. That is why I referred the whole of the NSI Act to the INSLM for inquiry and report. That review is considering how the Commonwealth can better balance the vital importance of open justice with the essential need to protect national security.
The INSLM is due to report to the Government in November 2023.
Wednesday, 19 April 2023
