Government Implements New Oversight Measures for Expanding ASIO and AFP Intelligence Operations

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The government is expanding the ability to scrutinise the nation’s intelligence agencies and keep their ever-growing powers in check.

The Strengthening Oversight of the National Intelligence Community (SONIC) bill will increase the oversight functions of the Parliamentary Joint Committee on Intelligence and Security (PJCIS) and the Inspector-General of Intelligence and Security (IGIS).

In a significant transformation of Australia’s intelligence oversight, six key agencies including the Australian Security Intelligence Organisation (ASIO), the Australian Federal Police (AFP), and Home Affairs are now integrated into the comprehensive National Intelligence Community. This restructuring marks the largest overhaul since the 1980s.

As part of this initiative, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) will work closely with the Inspector-General of Intelligence and Security (IGIS) to address operational issues. While IGIS will manage these operational matters, the PJCIS holds the power to initiate investigations and assess potential legislative adjustments.

Under new powers, the PJCIS will be able to broaden its scope beyond reviewing bills, and initiate inquiries into issues of national security or counter terrorism.

This sweeping reform follows detailed inquiries into the national intelligence community, notably the 2019 Richardson Review, which evaluated the effectiveness of Australia’s intelligence legislation. The conclusion of these inquiries highlighted the need for robust oversight and adaptability in the face of evolving security challenges.

These can be initiated without the approval or referral of parliament or a minister, allowing proactive scrutiny of security laws.

The chair and deputy chair will be able to grant one staff member the security clearance to help with their investigations.

In a bid to improve transparency and coordination between the oversight bodies, the committee can request briefings from other intelligence watchdogs, including the IGIS, Office of National Intelligence (ONI) and the Independent National Security Legislation Monitor.

In recognition of the need for a unified front against emerging threats, ASIO and the AFP have been reintegrated into the Home Affairs portfolio after the federal election in May. This move underscores the importance of collaboration and collective response in maintaining national security.

Labor senator and PJCIS Chair Raff Ciccone said that as agencies acquire more powers, there needs to be “relevant safe checks and guardrails in place” to monitor how they work.

“Agencies are acquiring a lot more powers in order to conduct much more sophisticated operations, and the parliament, including the executive, has a duty to respond to make sure that we keep all Australians safe,” he told SBS News.

“That is not a criticism of how the agencies are functioning, but merely that I think the Australian people expect greater transparency and oversight of these agencies.”

Raff Ciccone, the chair of the PJCIS, emphasizes the necessity of establishing safeguards to manage the expanding powers of intelligence agencies. These changes are designed to ensure a balance between effective security measures and the protection of civil liberties.

A man in black-rimmed glasses looks ahead.

PCJIS chair Raff Ciccone says there needs to be guardrails around the ever-growing powers of intelligence agencies. Source: AAP / James Ross

Ciccone said the security landscape is changing and growing more “complex”, requiring partnership between the other national security review bodies to ensure oversight over the “entirety of the national intelligence community”.

The review into the bill was tabled in the Senate on Tuesday night, as ASIO boss Mike Burgess outlined the elaborate threats to Australian security, including from increasingly reckless authoritarian regimes.

In an address to the Lowy Institute in Sydney, Burgess warned that three countries are “willing and capable” of assassinating political dissidents on Australian soil, with the spy agency monitoring multiple threats to safety and social cohesion.