List of recommendations

5.11The Committee recommends that the proposed regulation defining the intelligence functions of the Department of Home Affairs under section 3A of the Inspector-General of Intelligence and Security Act 1986, to be inserted by item 6 of the Strengthening Oversight of the National Intelligence Community Bill 2025:

clearly define the functions of the Department of Home Affairs that are subject to oversight by the IGIS and the Committee; and

be promptly amended if there are any subsequent relevant administrative changes in the Department of Home Affairs.

The Committee further recommends that the Bill be amended to require that:

once the regulation is made, a briefing be provided to the Committee and the IGIS by the Department of Home Affairs on its interpretation of that regulation; and

following any future changes to the regulation, the Committee and the IGIS be provided a further briefing from the Department of Home Affairs on its interpretation of the new regulation.

5.15Noting the intent of the Strengthening Oversight of the National Intelligence Community Bill 2025 to provide the Inspector-General of Intelligence and Security and the Commonwealth Ombudsman discrete oversight responsibilities, the Committee recommends the Government consider whether additional measures may be necessary to enable those bodies to share information relating to their respective oversight of the Australian Criminal Intelligence Commission and the Australian Federal Police, beyond the conclusion of the transitional provisions.

5.24The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be amended to:

remove the words ‘to monitor and’ from proposed paragraph 29(1)(bad) of the Intelligence Services Act 2001 (IS Act);

remove proposed paragraph 29(1)(bae) of the IS Act; and

include referrals made under paragraph (1)(bad) within the function at subsection 29(2).

5.31The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be amended to remove the words ‘and inquire into’ from proposed paragraphs 29(1)(ba) and 29(1)(baaa) of the Intelligence Services Act 2001.

5.36The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be amended to provide that where the Inspector-General of Intelligence and Security elects not to undertake an inquiry into an operational matter referred by the Committee, the Inspector-General must advise the Committee of this decision.

5.51The Committee recommends that Part 2 of Schedule 1 to the Intelligence Services Act 2001 and any other provisions of the Act, as required, be amended to the extent necessary to:

allow the Chair and Deputy Chair to each nominate a single member of their personal staff who are to be provided with an appropriate level of security clearance that would allow them to assist their respective principals in the performance of their duties on the Committee;

permit such staff to lawfully access information provided to the Committee, consistent with their security clearance; and

ensure such staff are treated as members of staff of the Committee for the purpose of the secrecy offence in clause 12.

5.56The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be amended to require that, when it is the view of a responsible Minister that a report of the Committee contains information that falls under subclause 7(1) of Schedule 1 to the Intelligence Services Act 2001, the Minister’s confidential response to the Committee include the element of subclause 7(1) on which that finding is based.

5.62The Committee recommends that the Intelligence Services Act 2001 be amended to provide that a quorum of the full Committee is 7 members, unless the Chair and the Deputy Chair are both present in which case the quorum will be 5 members.

5.77The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be amended to include the following amendments to Schedule 1 to the Intelligence Services Act 2001:

subclause 2(7) be repealed

subclause 20(2) be repealed

subclause 20(3) be amended to replace the word ‘review’ with ‘meeting’

subclause 22(2) be amended to provide that the Committee must make arrangements acceptable to the originating agency for the return or destruction of documents having a national security classification when no longer required by the Committee.

5.83The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be amended to enable the Committee to conduct a review of Part 4 and Schedule 1 of the Intelligence Services Act 2001, and any other law of the Commonwealth to the extent that it relates to those provisions, at any time.

5.93The Committee recommends that, as part of future reforms to the role and functions of the Inspector-General of the Australian Defence Force (IGADF), the Government consider empowering the IGADF to consider and independently inquire into the subject of written notices made under proposed subsection 476.7(6) of the Criminal Code.

5.100The Committee recommends that the Strengthening Oversight of the National Intelligence Community Bill 2025 be passed by Parliament.