1.1
The Australian Greens acknowledge the extensive work of the Committee in
this inquiry, and thank everyone who made a public submission and/or public
representation.
1.2
The Australian Greens are in agreeance with Australian Lawyers for Human
Rights and Liberty Victoria in their broad support for the bill, and the need
for an increased oversight of intelligence agencies that corresponds with their
significantly increased powers and activities over the past two decades.
Recommendation 1
1.3
The Australian Greens recommend that the Senate pass this bill, with
amendments.
1.4
The Australian Greens share the concern raised by Australian Lawyers for
Human Rights regarding the Bill's subsection 29A(3) that would exempt decisions
of the Minister from review by the courts, noting:
such an exemption is "unnecessarily and unjustifiably
contrary to the rule of law" which requires that government decisions must
be open to judicial review . To the extent that relevant decisions of the
Minister are exempted from review, the Bill fails to provide any adequate check
on the exercise of executive power.[1]
Recommendation 2
1.5
The Australian Greens also recommend the bill be amended to allow
decisions of the relevant minister to prohibit investigations be open to
scrutiny in Court.
1.6
The Australian Greens are also concerned about subsection 29(3) of this
bill, which retains existing exemptions on information provided by foreign
governments, and particular complaints regarding Australian security agencies,
from being considered by PJCIS. Sharing this concern, Australian Lawyers for
Human Rights argued:
it should be for the Committee, like the
Inspector-General, to conduct such inquiries as it thinks fit, and to make such
decisions about information provided by foreign governments or particular
complaints as it thinks appropriate.[2]
Recommendation 3
1.7
The Australian Greens further recommend the bill be amended to remove
restrictions on information provided by foreign governments, and particular
complaints regarding Australian security agencies, being considered by PJCIS.
Senator Nick
McKim
Senator for
Tasmania
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