List of Recommendations

Recommendation 1

2.58

The Committee recommends that the Department of Home Affairs and the Attorney-General’s Department provide the Committee with an outline of the work to date in relation to reform of Australia’s electronic surveillance framework. This should include the option of the Committee receiving an oral briefing.

Recommendation 2

2.72

The Committee recommends that the Government ensure the protection of parliamentary privilege in relation to the use of covert powers in its Reform of Australia’s Electronic Surveillance Framework.

Further the Committee considers that the Telecommunications (Interception and Access) Act 1979 should be expressly amended to ensure that the provisions of that Act do not abrogate parliamentary privilege.

Recommendation 3

2.74

The Committee recommends that the Government convey to the National Anti-Corruption Commission and each other agency tasked with using powers under the Telecommunications (Interception and Access) Act 1979, its expectation that investigators will receive training in relation to parliamentary privilege.

Recommendation 4

2.83

The Committee recommends that the National Anti-Corruption Commission Act 2022 be amended to provide for a mechanism to ensure the protection of Parliamentary Privilege during National Anti-Corruption Commission investigations.

Recommendation 5

2.86

The Committee recommends that there be a memorandum of understanding between the National Anti-Corruption Commission, the Australian Government and the Parliament in relation to the use of covert powers and parliamentary privilege.

Recommendation 6

2.88

The Committee recommends that, given the sensitivity of information to be collected and stored by the National Anti-Corruption Commission, the NACC should be required to comply with the Essential Eight Maturity Model to Maturity Level Three as recommended by the Australian Cyber Security Centre and that it report annually to the Parliament on its compliance.

Recommendation 7

2.89

The Committee recommends that, given the risk of insider threat, employees at the National Anti-Corruption Commission be required to obtain a security clearance at least to Negative Vetting Level 1, with increased requirements up to Positive Vetting depending on their access to sensitive information.

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