Cyber-power safeguards not fit for purpose
The government has tabled its response to the Independent National Security Legislation Monitor's finding that the safeguards for certain covert cyber powers available to AFP and ACIC are not fit for purpose.
The Monitor's report, provided to government in July 2025, looked at data disruption, account takeover and network access powers given to AFP and ACIC. The Independent National Security Legislation Monitor, Jake Blight said:
"The main safeguard, the current system for issuing these warrants, is not fit for purpose"
"It is based on a warrant process designed over a century ago for physical searches and does not meet public expectations for scrutiny of modern warrants that are covert and can collect a lot of data"
"A new system for issuing warrants is needed. It should have three core elements: retired judges as the issuing authorities; public interest monitors; and access to independent technical advice."
All the warrants examined in the Monitor's review had been issued by Administrative Review Tribunal members, something the Monitor described as "inappropriate and unsustainable".
Subject to the implementation of the new system of warrants being introduced the Monitor recommended that AFP retain all 3 special powers and that the ACIC retain 2 (not data disruption).
The government response said that it would extend the current powers (due to sunset in September 2026) while it considered the INSLM recommendations further. Recommendations for a new system for issuing warrants with increased scrutiny and reporting were ‘noted' and will be considered by government in the context of its long-running electronic surveillance review. The government agreed ACIC should not have access to data disruption powers in future.
The electronic surveillance review is a long-running and long over-due reform of police, security and intelligence agency electronic surveillance powers, it is currently being run by the Department of Home Affairs.
The Monitor said that "The modernisation of surveillance and cyber security powers along with their safeguards is urgent."
The Monitor said that he "appreciates that the government has responded promptly to the review and is giving further consideration to introducing critical safeguards for invasive surveillance and cyber-security powers".
The Monitor also said he "is encouraged that the government response recognises the importance of a robust system for the independent authorisation of electronic surveillance and disruption powers and acknowledged that the Monitor's recommendations have potential applicability to a wide range of electronic surveillance powers".
About the Monitor
The Independent National Security Legislation Monitor (the Monitor) reviews the operation, effectiveness and implications of national security and counterterrorism laws. The Monitor's reviews consider whether the laws contain appropriate protections for individual rights, remain proportionate to terrorism or national security threats and remain necessary. The Monitor has access to all relevant material, regardless of national security classification, can compel answers to questions and hold public and private hearings. Reviews include extensive consultation and research. The Monitor's reports are tabled in Parliament.
Mr Jake Blight was appointed as Monitor on 26 November 2023 for a three-year term. Mr Blight is the first full-time Monitor since the establishment of the role in 2010. See: About | INSLM.
Further Information
The specific powers being considered by the INSLM were data disruption warrants, account takeover warrants and network activity warrants. These novel powers were introduced by the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth) (SLAID Act).
The Monitor made 21 recommendations. The full report is available at Data Disruption, Network Activity and Account Takeover Powers – Review of Surveillance Legislation Amendment (Identify and Disrupt) Act 2021. The government response to this review was tabled in parliament late on 10 February 2026.
The report and response of a separate 2023-24 review of the ACIC are available here Independent Review of the Australian Criminal Intelligence Commission and associated Commonwealth law enforcement arrangements.
The Report of the Comprehensive Review of the Legal Framework of the National Intelligence Community (2019 Comprehensive Review) made detailed recommendations about reform of electronic surveillance. The report is available on the Attorney-General's Department website: Comprehensive review of the legal framework of the National Intelligence Community | Attorney-General's Department. The reform project commenced in 2020 in the Department of Home Affairs and was later moved to the Attorney-General's Department and then back to Home Affairs in successive machinery of government changes. It was initially intended to be a 2 year project. The relevant Home Affairs web page is: Reform of Australia's electronic surveillance framework.