Media release – Independent Review of Secrecy Laws: Is the balance right?

The effectiveness and proportionality of key secrecy laws will be examined at an upcoming public hearing held by the Independent National Security Legislation Monitor (INSLM).

Independent National Security Legislation Monitor Mr Jake Blight said the review and public hearing provided a forum for the press, national security agencies, legal profession and others to make submissions on the proportionality of secrecy offences.

“We’re assessing whether these secrecy laws are fit for purpose and are successfully playing their role in protecting our national security from threats, as well as protecting our democracy, which is underpinned by free public debate and a free press.”

“Excessively wide or uncertain secrecy laws can undermine trust in government and unreasonably impact the important role of a free press and civil society groups. This review is considering these issues and will make recommendations to ensure the balance is right”.

“Clearly there is a need for effective secrecy offences to protect some critical national security and law enforcement capabilities. The question is how the law should do that – not all unauthorised disclosures will necessarily lead to the same risk of harm and not all types of disclosure should be treated the same way,” Mr Blight said.

“Times are changing and threats are changing; the functions and size of our intelligence agencies have grown. I am considering whether we have the right laws with the right safeguards in place”.

Witnesses at the 25/26 March public hearing will include Mr Mike Burgess, Director-General of ASIO, Mr Keiran Pender, Human Rights Law Centre, and journalists Professor Peter Greste and Mr Paul Farrell, in addition to senior officials from Defence, the Australian Federal Police and the Office of National Intelligence.

The INSLM has received 19 submissions following the announcement of the INSLM review in January 2024.

The INSLM Public Hearing Program into the Review of Secrecy Offences in part 5.6 of the Criminal Code, to be held on Monday, 25 and Tuesday, 26 March at the Hotel Realm in Canberra, can be found on the Secrecy Review page.

Members of the public and media organisations are welcome to attend the public hearings.

INSLM public hearings will be streamed live on Secrecy Review page. A transcript of the public hearing will be made available on the INSLM website in due course.

Read the written submissions to the INSLM Secrecy Review

The final report is expected to be tabled in June 2024.