Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 (73 of 2023)
Schedule 1 Amendments
Part 1 Main amendments
Inspector-General of Intelligence and Security Act 1986
131 Part IIIA
Repeal the Part, substitute:
Part IIIA - Relationships with other agencies and information sharing
Division 1 - Avoiding duplication of oversight
32AB Avoiding duplication of oversight
(1) For the purpose of avoiding duplicating oversight of matters by both:
(a) the Inspector-General; and
(b) an integrity body or the Auditor-General;
the Inspector-General must have regard to the functions of those bodies and the Auditor-General.
(2) The Inspector-General may consult an integrity body, or the Auditor-General, in relation to a particular matter if the Inspector-General considers it appropriate to do so for the purpose of avoiding more than one inquiry being conducted into the matter.
Division 2 - Sharing information with the Inspector-General
32AC Protection for persons providing information voluntarily to the Inspector-General
(1) This section applies in relation to a person if the person voluntarily provides, or makes available, information or documents to the Inspector-General for any of the following purposes:
(a) the Inspector-General conducting an inspection under section 9A;
(b) making a complaint under Division 2 of Part II;
(c) the Inspector-General conducting a preliminary inquiry under section 14, or any other action taken by the Inspector-General for the purpose of deciding whether to inquire into a matter;
(d) the Inspector-General conducting an inquiry under Division 3 of Part II.
Person not liable to penalties or prosecution under other Commonwealth laws
(2) The person is not (subject to subsections (5) and (6)) liable to a penalty or to be prosecuted for an offence under a provision of any other law of the Commonwealth for providing or making available the information or documents.
Use immunity
(3) The information or documents, and the providing or making available of the information or documents, are not (subject to subsection (5)) admissible in evidence against the person in any court or in any proceedings before a person authorised to hear evidence.
Legal professional privilege
(4) The providing or making available of the information or documents does not affect any legal professional privilege that is, or may be, claimed by any person in relation to the information or documents.
Exceptions
(5) Subsections (2) and (3) do not apply in relation to proceedings for an offence against:
(a) section 137.1 or 137.2 (false or misleading information and documents), 145.1 (using forged document) or 149.1 (obstructing Commonwealth officials) of the Criminal Code, to the extent that that offence relates to this Act; or
(b) Division 3 of Part III of the Crimes Act 1914 (offences relating to evidence and witnesses), to the extent that that offence relates to this Act; or
(c) section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence referred to in paragraph (a) or (b) of this subsection.
(6) Subsection (2) does not apply if the provision referred to in that subsection:
(a) is enacted after the commencement of this section; and
(b) is expressed to have effect despite this section.
Note: This section applies subject to section 90 of the Law Enforcement Integrity Commissioner Act 2006.
32AD Security of Commonwealth agency information and documents
(1) This section applies if:
(a) the Inspector-General requires access to information or documents in the possession of a Commonwealth agency for the purposes of conducting:
(i) an inspection under section 9A; or
(ii) a preliminary inquiry under section 14, or any other action taken by the Inspector-General for the purpose of deciding whether to inquire into a matter; or
(iii) an inquiry under Division 3 of Part II; and
(b) the information or documents have a national security or other protective security classification; and
(c) the Inspector-General intends to do any of the following for the purposes of exercising powers or performing functions or duties as the Inspector-General:
(i) remove the documents from the possession of the agency;
(ii) make copies or take extracts from the information or documents;
(iii) examine or otherwise make use of the information or documents.
(2) The Inspector-General must make arrangements to protect from unauthorised disclosure:
(a) the information, documents, copies or extracts; and
(b) any other information obtained from the documents, copies or extracts;
taking into account any advice provided by the head of the relevant agency.
32AE Authorisation for the purposes of the Privacy Act 1988
(1) This section applies for the purposes of the Privacy Act 1988, including as it applies in relation to a service provider under section 187LA of the Telecommunications (Interception and Access) Act 1979.
(2) A person is authorised to give or make available personal information (within the meaning of the Privacy Act 1988) to an IGIS official for the purpose of the IGIS official performing a function or duty or exercising a power as an IGIS official.
Division 3 - Information sharing by the Inspector-General
32AF Information sharing with integrity bodies
(1) The Inspector-General may share information or documents with an integrity body (the receiving body ) if:
(a) the information or documents are obtained by an IGIS official in the course of exercising powers, or performing functions or duties, as an IGIS official; and
(b) the information or documents are relevant to the receiving body's functions; and
(c) the Inspector-General is satisfied on reasonable grounds that the receiving body has satisfactory arrangements in place for protecting the information or documents.
(2) To avoid doubt, the Inspector-General may share information or documents with an integrity body whether or not the Inspector-General is transferring a complaint or part of a complaint to the integrity body.
(3) Without limiting paragraph (1)(c) or subsection 32AD(2), the Inspector-General may make arrangements with the head of an intelligence agency in relation to protecting information or documents provided to the Inspector-General by the agency.
32AG Transferring complaints to other integrity bodies
If the Inspector-General decides under subsection 11(4A) not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency, the Inspector-General may transfer all or part of the complaint to the integrity body for the complaint.
Note: The complaint is taken to have been made under the Act establishing the integrity body (see sections 46PZ of the Australian Human Rights Commission Act 1986, 23A of the Law Enforcement Integrity Commissioner Act 2006, 5B of the Ombudsman Act 1976 and 49B of the Privacy Act 1988).
32AH Complaints transferred by integrity bodies
For the purposes of this Act, a complaint is taken to have been made to the Inspector-General under this Act if all or part of the complaint is transferred (however described) to the Inspector-General by an integrity body.
Note: Complaints may be transferred to the Inspector-General under subsections 11(3) and 20(4C) of the Australian Human Rights Commission Act 1986, 6F(3) of the Ombudsman Act 1976 and 50(2) of the Privacy Act 1988.