Australian Security Intelligence Organisation Amendment Act 2023 (33 of 2023)

Schedule 1   Amendments

Part 1   Main amendments

Division 2   Amendments to other Acts

Administrative Appeals Tribunal Act 1975

39   After section 43AAA

Insert:

43AAB Findings of Tribunal in Security Division review of security clearance decision or security clearance suitability assessment

Scope

(1) This section applies to a review in the Security Division of a security clearance decision or security clearance suitability assessment.

Findings

(2) Upon the conclusion of a review, the Tribunal must make and record its findings in relation to the security clearance decision or security clearance suitability assessment, and those findings may state the opinion of the Tribunal as to the correctness of, or justification for any recommendation, opinion, advice or information contained in the decision or suitability assessment.

(3) The Tribunal must not make findings in relation to a security clearance decision or security clearance suitability assessment that would, under subsection 83D(1) of the Australian Security Intelligence Organisation Act 1979, have the effect of superseding any information that is, under section 82G or 83C of that Act, taken to be part of the decision or suitability assessment unless those findings state that, in the Tribunal's opinion, the information is incorrect, is incorrectly represented or could not reasonably be relevant to the requirements of security.

Copies of findings to be given to parties etc.

(4) Subject to subsection (5), the Tribunal must cause copies of its findings to be given to the applicant, the Director-General of Security, the ASIO Minister and the following body (the relevant body ):

(a) for findings in relation to a security clearance decision - the sponsoring agencyfor the security clearance in relation to which the security clearance decision was made;

(b) for findings in relation to a security clearance suitability assessment - the security vetting agency to which the suitability assessment was given.

(5) The Tribunal may direct that the whole or a particular part of its findings, so far as they relate to a matter that has not already been disclosed to the applicant, is not to be given to the applicant or is not to be given to the relevant body.

Applicant may publish findings

(6) Subject to any direction by the Tribunal, the applicant is entitled to publish, in any manner that the applicant thinks fit, the findings of the Tribunal so far as they have been given to the applicant.

Tribunal may attach comments to findings

(7) The Tribunal may attach to a copy of findings to be given to the Director-General under this section any comments the Tribunal wishes to make on matters relating to procedures or practices of the Australian Security Intelligence Organisation that have come to the Tribunal's attention as a result of a review.

(8) The Tribunal must give the Minister a copy of any comments attached as mentioned in subsection (7).