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Independent National Security Legislation Monitor

The Independent National Security Legislation Monitor (‘the Monitor’) is a statutory office holder who independently reviews Australia’s national security and counter-terrorism laws and can make recommendations for law reform. Law making and law reform are inherently public processes, and the Monitor invites members of civil society groups, the media, government and non-government organisations and the wider community to provide submissions to reviews.

Please follow us on LinkedIn or visit this page regularly for advice about current and future reviews.

Secrecy Offences – Government response to INSLM Review of Part 5.6 of the Criminal Code Act 1995 tabled in Parliament

On 27 November 2024 the Government responded to the Monitor’s review of the secrecy offences in Part 5.6 of the Criminal Code Act 1995. The Monitor made 15 recommendations and the Government has agreed or agreed in principle to almost all. These recommendations go to the necessity, proportionality and certainty of offences as well ensuring appropriate safeguards are in place.

View the Government response

Secrecy Offences – Review of Part 5.6 of the Criminal Code Act 1995

On 27 June 2024 the Monitor’s report on the review of the secrecy offences in Part 5.6 of the Criminal Code Act 1995 was tabled in parliament. The report makes 15 recommendations for change. Key recommendations include: removing reliance on ‘security classification’ alone as the basis for an offence; narrowing offences applicable to security and intelligence agency information to focus on covert intelligence activities; and, repealing certain offences that currently apply to people who do not work for the government, such as journalists.

View the report

Data Disruption, Network Activity and Account Takeover Powers

The INSLM is currently reviewing the operation, effectiveness and implications of the amendments made by the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth) (SLAID Act). This Act introduced new powers for the AFP and ACIC to disrupt serious crime online, identify offenders through intelligence gathering and to takeover online accounts to gather evidence.

View the paper