Independent National Security Legislation Monitor Annual Report 2019-2020
Publication date
Prepared by
Mr Grant Donaldson SC
This annual report relates to the period between 1 July 2019 and 30 June 2020.
Overview
- Section 29 of the of the Independent National Security Legislation Monitor Act 2010 (Cth) (INSLM Act) requires that I report on the performance of the INSLM’s functions, set out in s.6(1)(a) and (b), for the year ending 30 June 2020. Dr James Renwick CSC SC served as the INSLM for this period.
- Sections 6(1)(a) and (b) (broadly) require the INSLM to review the operation, effectiveness and implications of Australia’s counter-terrorism and national security legislation, and other laws of the Commonwealth that relate to them. In doing this the INSLM is to consider whether such laws contain appropriate safeguards for protecting the rights of individuals, remain proportionate to any threat of terrorism or threat to national security, and remain necessary.
- Dr Renwick, during the past year, and I, in the short time that I have been acting, have received enormous support from the 3 full time staff of the INSLM Office; Mark Mooney (Principal Adviser), an Executive Officer and an Adviser. The functions of the INSLM could not be performed without their efforts.
- The total budget for 2019-20 was $1.166m (including $0.310m of additional funding for this financial year).
- In the past year, as in previous years, the Attorney General’s Department (AGD) made available office space and support such as IT, payroll and security. As with my predecessors, I am grateful to the AGD Secretary, Chris Moraitis PSM, for this and his ongoing assistance.
- As I note below, Dr Renwick completed his review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth). This report required a great deal of “technical” input and advice. An acting Deputy Principal Adviser, counsel assisting, solicitors seconded from the Australian Government Solicitor and technical counsel provided invaluable assistance.
- This report relates to the activities undertaken in the final year of Dr Renwick’s term. INSLM reports are not a place for sentiment, but I cannot leave unacknowledged my gratitude for what Dr Renwick did and achieved in the role, or unstated my admiration of his work and his commitment to the role of the INSLM. He joins a small group of extraordinary Australians who preceded him, who contributed much through their efforts in this role and made it vital. He and they are a hard act to follow.