The operation of Part 3, Division 1 of the National Security Information (Criminal and Civil Proceedings) Act 2004 as it applies in the Alan Johns matter

17 June 2022

This is a review that the INSLM initiated pursuant to section 6(1)(b) of the Independent National Security Legislation Monitor Act 2010 (Cth) (INSLM Act), having regard to section 9 of the Act.

'Alan Johns' was charged, arraigned, convicted on his plea of guilty, sentenced and served his sentence, without public awareness of any of this.  This arose from orders made with the consent of the Commonwealth Director of Public Prosecutions, Alan Johns and the Attorney-General, who was heard by reason of the invocation of the NSI Act.  This review is not an inquiry into the Alan Johns matter or the circumstances that led to Alan Johns being charged.  This review and recommendations are focused on reform to the operation of relevant legislation in considering whether section 22 of the NSI Act, having regard to its operation in the Alan Johns matter, is proportionate to threats to national security.

The Report

The operation of Part 3, Division 1 of the National Security Information (Criminal and Civil Proceedings) Act 2004 as it applies in the Alan Johns matter - PDF

Public Hearing

A public hearing associated with this review was held in Canberra on 9 June 2021.

Read a transcript of the hearing.

Submissions

Submissions – National Security Information (Criminal and Civil Proceedings)