The Independent National Security Legislation Monitor (INSLM) is a statutory independent executive oversight body of the Australian Government responsible for the ongoing review of the operation, effectiveness and implications of Australian counter‑terrorism and national security legislation. The INSLM also considers whether legislation contains appropriate safeguards for protecting the rights of individuals, remains proportionate to any threat of terrorism and or threat to national security, and remains necessary. As such the INSLM is a major part of the oversight regime of the Australian Intelligence Community together with the Inspector-General of Intelligence and Security and the Parliamentary Joint Committee on Intelligence and Security.
| Agency overview | |
|---|---|
| Formed | 2011 |
| Jurisdiction | Commonwealth of Australia |
| Headquarters | Canberra, Australian Capital Territory, Australia |
| Minister responsible | |
| Agency executive |
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| Parent agency | Attorney-General's Department |
| Website | https://www.inslm.gov.au |
History
editThe INSLM was established by the Independent National Security Legislation Monitor Act 2010. The post has many similarities with the role of Independent Reviewer of Terrorism Legislation in the United Kingdom.
Role
editSince 2011, the INSLM has conducted inquiries on national security legislative issues and issued reports assessing counter-terrorism and national security legislation and making recommendations for reform. Australian security and intelligence agencies provide the INSLM with information (both classified and unclassified), relevant to the above functions. This is under compulsion in some circumstances. The INSLM makes recommendations on these matters in reports, which are then tabled in Parliament.[1]
The following subject specific reports have been published:
Telecommunications and other Legislation Amendment (Assistance and Access) Act 2018 and related matters
edit9 July 2020
On 30 June 2020, the INSLM (Dr James Renwick CSC SC) completed his report on Telecommunications and other Legislation Amendment (Assistance & Access) Act 2018 and related matters. This was a matter referred to the INSLM by the Parliamentary Joint Committee on Intelligence and Security (PJCIS).
Review of the terrorism-related citizenship loss provisions in the Australia Citizenship Act 2007
edit18 September 2019
The Attorney-General the Hon Christian Porter MP, referred for my review the operation, effectiveness and implications of the terrorism-related citizenship loss provisions in the Australian Citizenship Act 2007, to be reported on by 15 August 2019.
The prosecution and sentencing of children for terrorism
edit2 April 2019
Under s 7 of the INSLM Act, following a suggestion made by the CDPP, Ms Sarah McNaughton SC, the then Prime Minister, the Hon Malcolm Turnbull MP, referred for review the matter of ‘the prosecution and sentencing of children for terrorism offences’.
INSLM Statutory Deadline Reviews
edit5 March 2018
On 7 September 2017, the INSLM Dr James Renwick SC completed his reports on Statutory Deadline Reviews which includes legislation for: Division 3A of Part 1AA of the Crimes Act (Stop, Search & Seize powers), Sections 119.2 and 119.3 of the Criminal Code (Declared Areas), and Divisions 104 and 105 of the Criminal Code (Control Orders & Preventative Detention Orders) including the interoperability of the control order regime and the High Risk Terrorist Offenders Act 2016.
Certain Questioning and Detention Powers in Relation to Terrorism
edit8 February 2017
Certain Matters Regarding the Impact of Amendments to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014
edit2 May 2016
On 2 May 2016 the former INSLM, the Hon. Roger Gyles AO QC, completed a report on the impacts of certain amendments proposed to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 by the Parliamentary Joint Committee on Intelligence and Security. This was a matter referred to the INSLM by the Prime Minister.
Section 35P of the ASIO Act
edit2 February 2016
On 21 October 2015 the former INSLM, the Hon. Roger Gyles AO QC, completed a report on the impact on journalists of section 35P of the Australian Security Intelligence Organisation Act 1979 (ASIO Act). This was a matter referred to the INSLM by the then Prime Minister.
This report discusses the impact on journalists of the operation of section 35P of the ASIO Act concerning offences for the disclosure of information relating to a special intelligence operation.
Control Order Safeguards
edit29 January 2016
On 29 January 2016 the former INSLM, the Hon. Roger Gyles AO QC, completed Part 1 of a report on whether a system of special advocates should be implemented in relation to the control order regime. This was a matter referred to the INSLM by the then Prime Minister.
On 20 April 2016, Part 2 of the Control Order Safeguards Report was completed. Part 2 of the Report considered other additional safeguards recommended in the 2013 Council of Australian Government Review of Counter-Terrorism Legislation in relation to the control order regime.
The following Annual Reports have been published:
Independent National Security Legislation Monitor Annual Report 2018-2019 26 February 2020
edit26 February 2020
The eighth report, provided by the INSLM, Dr James Renwick CSC SC as the Independent National Security Legislation Monitor (INSLM).
This annual report relates to the period between 1 July 2018 and 30 June 2019.
Independent National Security Legislation Monitor Annual Report 2017-2018
edit2 April 2019
The seventh annual report, provided by the INSLM, Dr James Renwick SC as the Independent National Security Legislation Monitor (INSLM).
This annual report relates to the period between 1 July 2017 and 30 June 2018.
Independent National Security Legislation Monitor Annual Report 2017
edit4 December 2017
The seventh annual report, provided by the INSLM, Dr James Renwick SC as the Independent National Security Legislation Monitor (INSLM).
This annual report relates to the period between 1 July 2016 and 30 June 2017.
Independent National Security Legislation Monitor Annual Report 2016
edit13 October 2016
Independent National Security Legislation Monitor Annual Report 2015
edit7 December 2015
Independent National Security Legislation Monitor Annual Report 2014
edit28 March 2014
Independent National Security Legislation Monitor Annual Report 2013
edit7 November 2013
Independent National Security Legislation Monitor Annual Report 2012
edit20 December 2012
Independent National Security Legislation Monitor Annual Report 2011
edit16 December 2011
Office-holders
edit- Mr Bret Walker SC (21 April 2011 to 20 April 2014)
- The Hon Roger Gyles AO QC (20 August 2015 to 31 October 2016)
- Dr James Renwick CSC SC (February 2017 to 30 June 2020)
- Mr Grant Donaldson SC (current)