Chapter 1 The seventh review of administration and expenditure
1.1
Under Section 29 of the Intelligence Services Act 2001 (the Act),
the Parliamentary Joint Committee on Intelligence and Security has an
obligation to review the administration and expenditure of ASIO, ASIS, DSD,
DIGO, ONA and DIO, including the annual financial statements.
1.2
In 2006 the Committee conducted a focused review of the recruitment and
training practices of the six intelligence and security agencies. The
subsequent report “Review of administration and expenditure: Australian
Intelligence Organisations, Number 4 – Recruitment and Training” was tabled in
Parliament in August 2006.
1.3
In 2007 the Committee conducted a broad review of the administration and
expenditure of the six intelligence and security agencies. The subsequent
report “Review of administration and expenditure: Australian Intelligence
Organisations, Number 5” was tabled in Parliament in June 2007.
1.4
In 2008/09 the Committee conducted a broad review of the administration
and expenditure of the six intelligence and security agencies. The subsequent
report “Review of administration and expenditure: Australian Intelligence
Organisations, Number 6” was tabled in Parliament in September 2009.
1.5
For the current review submissions were sought from each of the six
intelligence and security agencies and from the Australian National Audit
Office (ANAO) (see Appendix A).
1.6
The Inspector-General of Intelligence and Security (IGIS) was asked to
submit any concerns he had about the administrative functions of the
intelligence and security agencies.
1.7
The submissions were all classified Confidential, Restricted or Secret
and are therefore not available to the public. As has been its practice for
previous reviews, ASIO provided the Committee with both a classified and an
unclassified submission; the unclassified version of which is available on the
Committee’s website.
1.8
The Committee is grateful to ASIO for providing an unclassified
submission which has been very helpful in the writing of this report. It
means, however, that ASIO is mentioned quite often in the subsequent chapters
of this report while the other agencies are generally not referred to by name.
This should not be taken to imply that the inquiry focused on ASIO or that ASIO
was scrutinised more than other agencies. It merely reflects that ASIO has the
most visible public profile and reporting regime within the Australian Intelligence
Community (AIC).
1.9
The Committee also received a submission from the ANAO and from the
IGIS. The IIGIS’ submission is available on the Committee’s website.
1.10
In October 2008, the Committee wrote to the agencies seeking submissions
and outlining the issues it would like to see covered in those submissions.
The result was very thorough and comprehensive information. Agency heads were
also most forthcoming at the private hearings.
1.11
Two private hearings were held to take evidence from the agencies and
the Committee appreciates the time commitment each agency made to this process
(see Appendix B). In each case the Agency Head and other top-ranking officials
attended the hearings and expended a considerable amount of time making further
presentations and answering the Committee’s questions.
1.12
The Committee would, however, add one caveat. Normal parliamentary
practice is, where possible, to examine an issue from a variety of
perspectives. This method generally gives confidence as a Committee can test
information and interpretation from different perceptions of an organisation or
an issue. This is not possible in this process. The nature of the intelligence
organisations and the restrictions of the Act mean that the Committee is
constrained in the breadth of its examination of administration and
expenditure. While the Committee has no reason to think that this is a problem
to date, the potential exists for the perspective of the Committee to be too
narrow.
1.13
In the administration and expenditure review No. 6, an additional
classified section with one recommendation was provided by the Committee to the
appropriate Minister.
Scope of the seventh review
1.14
The seventh review of administration and expenditure broadly looked at
all aspects of the administration and expenditure of the six intelligence and
security agencies.
1.15
As mentioned above, the Committee took considerable classified evidence
from the agencies which cannot be published. The discussion in the following
chapters will generally not identify specific organisations due to the
classified nature of much of the evidence received. The Committee trusts that
the report will serve to assure the Parliament, and the public, that the
administration and expenditure functions of the intelligence and security
agencies are being monitored by the Committee in a meaningful and important
manner albeit limited to the extent of the Committee’s powers as set out in the
Act.
1.16
In the following report, the words “the agencies” or “the organisations”
refer to all or any combination of ONA, DIO, ASIO, ASIS, DSD and DIGO. In the
footnotes the notation “Classified Submission” is used to refer to submissions
from any of the agencies whether the actual submissions were classified Secret,
Restricted or Confidential.