THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
Tabling of the INSLM’s Review into the operation and effectiveness of the National Security Information Act
The report by the Independent National Security Legislation Monitor (INSLM), Mr Grant Donaldson SC, on the operation and effectiveness of the National Security Information (Criminal and Civil Proceedings) Act 2004 (NSI Act) has been tabled in Federal Parliament.
The Albanese Government is committed to ensuring we have appropriate laws in place to protect national security information while upholding the principles of open justice.
Following the INSLM’s report into the operation of the NSI Act in the ‘Alan Johns’ matter I asked the INSLM to conduct a review into the entire NSI Act.
The INSLM has found that “The secrecy of the Alan Johns proceeding is a shameful tale” caused by the “failure” of the then Attorney-General Christian Porter. Mr Donaldson concluded Mr Porter failed to “ensure that the reasons for secrecy at different stages of the prosecution were explained and published.”
To address these failings and improve the operation of NSI Act the INSLM recommends changes that seek to “preserve the important work that the NSI Act does, while reducing its undesirable impact on the administration of justice”.
These recommendations are focusses on three key themes:
- Open justice
- Repeal of mandatory directions in national security cases in favour of principled discretion by judges that prioritise national security
- Ensuring the rights of defendants are not overridden by national security concerns.
The Government welcomes the report and will now consider its 40 recommendations alongside the recommendations from the INSLM’s review of the Alan Johns matter.
I thank Mr Donaldson for his valuable service as the fourth INSLM.
Friday, 1 December 2023
