Rex Patrick (SA, Independent) Share this | Hansard source

by leave—I move amendments (1) to (4) on sheet 1424 together:

(1) Schedule 1, page 4 (after line 3), after item 7, insert:

7A After subsection 29(5)

Insert:

(6) The Attorney-General must prepare a response (a government response) to each recommendation, if any, in an annual report given to the Attorney-General under subsection (1).

(7) The Attorney-General must give the government response to the Independent National Security Legislation Monitor within 12 months of the annual report, or the declassified annual report, being presented to each House of Parliament.

(7A) If the Attorney-General considers that the government response contains information of the kind referred to in subsection (3), the Attorney-General must also prepare and give to the Independent National Security Legislation Monitor, at the same time as the government response, a version of the government response which does not contain that information (a declassified government response).

(7B) The Attorney-General must cause a copy of:

(a) the government response; or

(b) if the government response contains information of the kind referred to in subsection (3)—the corresponding declassified government response;

to be presented to each House of the Parliament on the next sitting day of that House after the day on which he or she gives the government response to the Independent National Security Legislation Monitor.

(2) Schedule 1, item 8, page 4 (after line 34), at the end of section 29A, add:

(6) The Attorney-General must prepare a response (a government response) to each recommendation, if any, in a special report given to the Attorney-General under subsection (1).

(7) The Attorney-General must give the government response to the Independent National Security Legislation Monitor within 12 months of the special report, or the declassified special report, being presented to each House of Parliament.

(8) If the Attorney-General considers that the government response contains information of the kind referred to in subsection 29(3), the Attorney-General must also prepare and give to the Independent National Security Legislation Monitor, at the same time as the government response, a version of the government response which does not contain that information (a declassified government response).

(9) The Attorney-General must cause a copy of:

(a) the government response; or

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

to be presented to each House of the Parliament on the next sitting day of that House after the day on which he or she gives the government response to the Independent National Security Legislation Monitor.

(3) Schedule 1, item 8, page 5 (after line 25), at the end of section 29B, add:

(6) The Attorney-General must prepare a response (a government response) to each recommendation, if any, in a statutory review report given to the Attorney-General under subsection (1).

(7) The Attorney-General must give the government response to the Independent National Security Legislation Monitor within 12 months of the statutory review report, or the declassified statutory review report, being presented to each House of Parliament.

(8) If the Attorney-General considers that the government response contains information of the kind referred to in subsection 29(3), the Attorney-General must also prepare and give to the Independent National Security Legislation Monitor, at the same time as the government response, a version of the government response which does not contain that information (a declassified government response).

(9) The Attorney-General must cause a copy of:

(a) the government response; or

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

to be presented to each House of the Parliament on the next sitting day of that House after the day on which he or she gives the government response to the Independent National Security Legislation Monitor.

(4) Schedule 1, page 5 (after line 25), after item 8, insert:

8A At the end of section 30

Add:

Government response

(7) The referring Minister must prepare a response (a government response) to each recommendation, if any, in a report on a reference given to the referring Minister under subsection (1).

(8) The referring Minister must give the government response to the Independent National Security Legislation Monitor within 12 months of the report on a reference, or the declassified report, being presented to each House of Parliament.

(9) The referring Minister must cause a copy of the government response to be presented to each House of the Parliament on the next sitting day of that House after the day on which he or she gives the government response to the Independent National Security Legislation Monitor.

(10) If the referring Minister considers that the government response contains information of the kind referred to in subsection 29(3), the referring Minister must also prepare and give to the Independent National Security Legislation Monitor, at the same time as the government response, a version of the government response which does not contain that information (a declassified government response).

(11) The referring Minister must cause a copy of:

(a) the government response; or

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

to be presented to each House of the Parliament on the next sitting day of that House after the day on which he or she gives the government response to the Independent National Security Legislation Monitor.

Basically, my amendments flow from recommendations that have been made by the INSLM himself, over many different reports, and are spurred on by the Law Council, who were quite concerned about the fact that INSLM makes his reports but then they go to government and he doesn't get a response. I draw the chamber's attention to Dr James Renwick CSC, SC, who in his report No. 6 of December 2018 made reference to a Law Council submission to the PJCIS. He said in his report:

In its submission, the Law Council noted that government responses to INSLM reports, and implementation of recommendations, had been ad hoc. The Law Council recommended that the Independent National Security Legislation Monitor Act 2010 (the INSLM Act) be amended to require 'formal and prompt government response to INSLM reports (for example, within six to twelve month timeframe)'.

The INSLM looked at that and made a similar recommendation. He said:

The question is whether the Law Council's recommendation should be implemented. In my view it should.

He then went on to say that it's an important part of the process of conducting a review to have timely responses from the government. He made a point of distinction between INSLM and a royal commission:

… when the latter has delivered its report it is functus officio: its role is over and it has no role or legal 'interest' in considering implementation of its recommendations.

In contrast, I have an ongoing role which the Parliament has itself provided for, to continue to monitor counter-terrorism and national security laws.

So he is making the point that in order to be able to continue to do his job he expects some form of response from the government.

I will therefore turn to describe my amendments. (Time expired)