Scott Ludlam (WA, Australian Greens) Share this | Hansard source

Owing to the time commitments of the coalition spokesperson on this matter, I want to move amendments out of the order in which they are listed on the running sheet. I seek leave to move Australian Greens amendments (15) to (18) together.

Leave granted.

I move:

(15)  Clause 29, page 18 (after line 10), after subclause (2), insert:

     (2A)    If the National Security Legislation Monitor considers that the annual report contains information of the kind referred to in subsection (3), the Monitor must also prepare and give to the Prime Minister, at the same time as the annual report, a version of the report which does not contain that information (a declassified annual report).

(16)  Clause 29, page 18 (line 11), omit “The annual report must not contain”, substitute “The information specified by this subsection is information of the following kind”.

(17)  Clause 29, page 19 (lines 3 to 16), omit subclauses (4) to (7), substitute:

        (4)    In determining whether an annual report contains information of the kind referred to in subsection (3), the National Security Legislation Monitor may consult the responsible Minister or responsible Ministers concerned.

        (5)    The Prime Minister must cause a copy of:

             (a)    each annual report; or

             (b)    if an annual report contains information of the kind referred to in subsection (3)—the corresponding declassified annual report;

to be presented to each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

(18)  Clause 30, page 19 (after line 28), at the end of the clause, add:

        (4)    If the National Security Legislation Monitor considers that a report to the Prime Minister under subsection (1) or (3) contains information of the kind referred to in subsection 29(3), the Monitor must also prepare and give to the Prime Minister, at the same time as the report, a version of the report which does not contain that information (a declassified report).

        (5)    In determining whether a report contains information of the kind referred to in subsection 29(3), the National Security Legislation Monitor may consult the responsible Minister or responsible Ministers concerned.

        (6)    The Prime Minister must cause a copy of:

             (a)    each report under subsections (1) and (3); or

             (b)    if a report contains information of the kind referred to in subsection 29(3)—the corresponding declassified report;

to be presented to each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

I did speak about the intent of this block of amendments yesterday in my speech on the second reading. They relate to the crucial issue of the reporting requirements of the monitor and what will actually make its way into the public domain as a result of the establishment of this office which, as I indicated yesterday, the Australian Greens certainly support.

Insufficient parliamentary debate and deliberation of the antiterrorism laws is one of the major contributing factors to the need for the creation of this office in the first place. The Greens believe that it is essential that the annual reports of the reviewer are provided to the parliament and not vetted in advance by ministers, including the Prime Minister. Such editing as is necessary to remove operationally sensitive information should be undertaken by the monitor’s office. We need to trust that this office will be competent to undertake that sort of work. We are not in the business of exposing operationally sensitive information to the public domain. It is obviously not the intention here. But it should be the monitor rather than the executive that edits these reports prior to them being tabled in parliament. If we are to build public confidence in the independence of this reviewer, and if we are to believe that the government truly intends this office to be independent and we are to seriously consider and act upon their advice, then surely we can trust the judgment of this person appointed to consult so thoroughly and then to have judgment enough not to have to be vetted in the fashion proposed by the government.

There are a number of amendments here that relate not only to the tabling of the annual report but also crucially to the tabling of reports of individual investigations of the monitor. It was recognised by the unanimous report of the Senate Finance and Public Administration Legislation Committee, when we investigated this bill, that we could see nothing as a result of the annual work of this important office but a three-page photocopy of a report covered in white-out from the Prime Minister’s office. I am probably overstating the case a bit, but there is nothing at all preventing very little from making its way into the public domain as a result of the operation of this office.

This block of amendments effectively does two things. Firstly, it makes sure that the annual reporting obligations are coming directly from the office of the monitor rather than via the Prime Minister’s office and, secondly, it makes sure that the operational reports of the monitor, also in similarly edited fashion with operationally sensitive matters removed, are tabled in parliament. It is absolutely essential that, at the very minimum, these reporting obligations are placed on the monitor so that we can have confidence in the work that is being undertaken. I commend Australian Greens amendments (15) to (18), at the bottom of the running sheet, to the chamber.