NSI Act
On 30 October 2023 the INSLM (Mr Grant Donaldson SC) completed his report into the operation and effectiveness of the National Security Information (Criminal and Civil Proceedings) Act 2004. This review was referred to the INSLM by the Attorney-General under section 7 of the Independent National Security Legislation Monitor Act 2010 (Cth) (the INSLM Act).
This review of the whole of the NSI Act occurs in the context of widely publicised proceedings in which the NSI Act was invoked. Foremost was the prosecution of a former Commonwealth officer, referred to as "Witness K" and his legal adviser, Mr Bernard Collaery. Witness K was convicted, on his plea of guilty, of one count of conspiring to reveal classified information in breach of section 39 of the Intelligence Services Act 2001 (Cth). Mr Collaery was charged with four counts of breaching section 39 of the Intelligence Services Act 2001 (Cth) and one count of conspiracy to breach section 39. On 7 July 2022, the Attorney-General discontinued the prosecution against Mr Collaery.
The decisions to prosecute Witness K and Mr Collaery and to discontinue the prosecution of Mr Collaery are not the subject of this review, but the prosecutions illustrate various issues as to the operation of the NSI Act.
Public hearings associated with this review were held in Canberra 19-20 July 2023.