The operation of Part 3, Division 1 of the National Security Information (Criminal and Civil Proceedings) Act 2004 as it applies in the Alan Johns matter

I announced this review of s 22 of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (NSI Act) on 2 March 2021. The review concerned the operation of Part 3 Division 1 (which includes s 22) of the NSI Act as emerged in the Alan Johns matter.

Under s 6(1)(a)(i) of the Independent National Security Legislation Monitor Act 2010 (Cth) (INSLM Act) I have the power to review the operation, effectiveness and implications of Australia’s counterterrorism and national security legislation. This includes the NSI Act. Of particular importance is s 9 of the INSLM Act, which requires that I give particular emphasis to provisions of national security and counterterrorism legislation that have been applied recently.

This report is the culmination of this review. The review was not an inquiry into the Alan Johns matter or the circumstances that led to Alan Johns being charged. While any review function is informed by practice, this review and my recommendations are focused on reform to the operation of relevant legislation.

Throughout this report, I use the pseudonym ‘Alan Johns’. This is to assist the reader, noting that it was this pseudonym that was used during the proceedings in the ACT Magistrates Court and Supreme Court. As I will explain, Alan Johns’ real name (in connection to his former employment) remains classified and subject to non-disclosure orders of the ACT Supreme Court.

My recommendations for amendment to the NSI Act, or to procedures and guidelines concerning its use, are in Chapter 6. The following chapters give rise to the recommendations.