List of recommendations

3.8The Committee recommends that, following the entry into effect of the new notification provisions in Part 3 of Schedule 1 and Part 2 of Schedule 4 of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023, ASIO include in its Annual Report all instances where it has notified the Inspector-General of Intelligence and Security about delayed security assessments, delayed security clearance decisions or delayed security clearance suitability assessments.

3.11The Committee recommends that the Government review all forms, guidance materials and other relevant documentation and advice made available to individuals about security assessment and security clearance processes, to ensure that all applicants are made aware of their right to make a complaint to the Inspector-General of Intelligence and Security in relation to same.

3.16The Committee recommends that, in respect of the inclusion of the Australian Signals Directorate (ASD) in the proposed new cover employment provisions in the Intelligence Services Act 2001 in Part 1 of Schedule 2 of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023:

the Explanatory Memorandum be amended to include information as to ASD’s inclusion and remove reference to Recommendation 70 of the Comprehensive Review; and

ASD report to the Committee, as part of the Committee’s 2023-24 annual review of ASD’s administration and expenditure, on its development, implementation and use of cover arrangements, including justification for their use by staff or particular subsets of staff, and safeguards to ensure that use of cover is necessary and proportionate.

3.19The Committee recommends that the Government consider aligning the proposed amendments to the Intelligence Services Act 2001 and the Australian Security Intelligence Organisation Act 1979 secrecy offences contained in Parts 2 and 4 of Schedule 2 with recommendations that may be relevant from the Independent National Security Legislation Monitor’s review into secrecy offence legislation, pending the timing of completion of that review and passage of this legislation.

3.24The Committee recommends that, following implementation of the recommendations in this report, the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023 be passed by the Parliament.