Reviews and Reports

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

shahid.khan — Thu, 21 Jul 2022 01:22:58 +0000

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

shahid.khan Thu, 2022-07-21 11:22

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)

Division 105A (and related provisions) of the Criminal Code Act 1995 (Cth)

anthony.maroya — Thu, 30 Mar 2023 05:45:21 +0000

Division 105A (and related provisions) of the Criminal Code Act 1995 (Cth)

anthony.maroya Thu, 2023-03-30 16:45

On 3 March 2023 the INSLM provided to the Attorney-General his review of the operation, effectiveness and implications of Div 105A of the Criminal Code Act 1995 (Cth) and other relevant provisions.

Division 105A is in Part 5.3 of the Criminal Code.

Part 5.3 creates four kinds of orders: control orders (Div 104); preventative detention orders (Div 105); and two post-sentence orders; continuing detention orders (CDO) and extended supervision orders (ESO) (Div 105A).

Post-sentence orders under Div 105A can only be made in respect of people convicted of certain terrorist offences and who were, immediately before the order, imprisoned and serving a sentence for that conviction.

In the review, the INSLM recommends that the power to make CDO’s be abolished and that changes be made to the regime for making ESOs. The INSLM also recommends that the objects of Div 105A be amended to include, as express objects of the Division, rehabilitation and reintegration of the subjects of a post-sentence order back into the community.

In total 15 recommendations are made (chapter 1, page 11).

In addition to these recommendations, the INSLM makes observations in the event that his central recommendation that CDOs be abolished is not adopted (chapter 11, page 140).

The Report

Division 105A (and related provisions) of the Criminal Code Act 1995 (Cth)

Public Hearing

Public hearings associated with this review were held in Canberra on 22 June 2022, 23 June 2022 and 21 November 2022.

The transcripts can be viewed below.

Submissions

Submissions - Division 105A of the Criminal Code

The operation and effectiveness of the National Security Information (Criminal and Civil Proceedings) Act 2004

ana.tandora — Sun, 26 Nov 2023 22:02:28 +0000

The operation and effectiveness of the National Security Information (Criminal and Civil Proceedings) Act 2004

ana.tandora Mon, 2023-11-27 09:02

This review of the whole of the NSI Act occurs in the context of widely publicised proceedings in which the NSI Act was invoked. Foremost was the prosecution of a former Commonwealth officer, referred to as "Witness K" and his legal adviser, Mr Bernard Collaery. Witness K was convicted, on his plea of guilty, of one count of conspiring to reveal classified information in breach of section 39 of the Intelligence Services Act 2001 (Cth). Mr Collaery was charged with four counts of breaching section 39 of the Intelligence Services Act 2001 (Cth) and one count of conspiracy to breach section 39. On 7 July 2022, the Attorney-General discontinued the prosecution against Mr Collaery.

The decisions to prosecute Witness K and Mr Collaery and to discontinue the prosecution of Mr Collaery are not the subject of this review, but the prosecutions illustrate various issues as to the operation of the NSI Act.

The Report

National Security Information (Criminal and Civil Proceedings) Act 2004

Mr Donaldson has provided a summary of his review into the NSI Act.

Public Hearing

Public hearings associated with this review were held in Canberra 19-20 July 2023.

The transcripts can be viewed below.

Submissions

NSI (Criminal and Civil Proceedings) Act 2004