Coalition Additional Comments
National Security Legislation Monitor
1.1
Whilst Coalition Senators support the passage of the Bill if amended as
recommended by the committee, they would like to note their concerns regarding
the location of the Monitor within the Department of Prime Minister and
Cabinet.
1.2
The location of the Monitor within this Department may have an adverse
impact on the independent nature of the Monitor. The Monitor should not be an
instrument of the Government of the day and it should not be perceived this way
by the public. Locating the Monitor within a Government Department could result
in such a perception.
1.3
The Coalition Senators do not agree with the recommendation that the
Monitor be required to assess whether legislation is consistent with
Australia’s international human rights obligations (Recommendation 10).
1.4
There are many international instruments to which Australia is
signatory, some of which have been ratified into domestic law and some which
have not. The legislation which the Monitor will be asked to oversee is
domestic legislation and the existing domestic legal safeguards are the
appropriate standard by which to judge it. Introducing a wide range of
international instruments adds needless complexity to the Monitor’s task, without
demonstrably adding to the effectiveness of the process.
1.5
Recommendation 11 addresses the appropriate test.
Senator Cory Bernardi
Deputy Chair
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