Senate debates

Wednesday, 24 November 2021

Bills

Independent National Security Legislation Monitor Amendment Bill 2021; In Committee

10:46 am

Photo of Carol BrownCarol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Hansard source

Labor will not be supporting Senator Patrick's amendment to the Independent National Security Legislation Monitor Amendment Bill 2021. It's very important that reports by the Independent National Security Legislation Monitor are considered and responded to by governments. Far too often, the current government has not responded to reports and recommendations by the monitor, either not in a timely manner or, sometimes, not at all. The monitor has been tasked by this parliament with reviewing the operation, effectiveness, and implications of Australia's counterterrorism and national security legislation, so when the monitor makes a recommendation it is no small thing and it warrants a response. In his Comprehensive review of the legal framework of the national intelligence community, former ASIO director-general Dennis Richardson recommended that:

As a matter of good practice, the Government should provide a publicly available response to the INSLM’s recommendations within 12 months of the INSLM’s report being tabled in Parliament.

However, it is important to note that Mr Richardson fell short of recommending that this requirement be legislated.

While Labor has a lot of sympathy for Senator Patrick's amendment, we are not persuaded that the departure from Mr Richardson's recommendation is warranted. I should also add that the government has indicated that it does not support Senator Patrick's amendment. What that means is that even if this amendment were to pass the Senate today it would be rejected by the House of Representatives, and the passage of this important bill would be further delayed. Labor supports this bill and the government's amendments, all of which were suggested by Labor and, following negotiations, agreed to by the government. We would like to see the bill passed as soon as possible.

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