If you made a movie about some of ASIO’s most audacious operations, it may not be as action-packed as you would expect. On the big screen, maverick spies bend the rules to get what they want, often without consequences. The reality of ASIO is very different.
ASIO is accountable to the Government of the day, the Parliament, and scrutinised regularly by multiple independent bodies and processes that make up Australia’s democratic system.
This is something we welcome. As Director-General Mike Burgess stated in his 2022 Annual Threat Assessment:
Our commitment to strong, independent oversight is unwavering, as is our desire to be transparent about ASIO’s activities where we can.
We know we have special powers and we take that responsibility extremely seriously. We need to show that we are not taking shortcuts or undermining the powers and trust placed in us by the people and government.
The Inspector-General of Intelligence and Security (IGIS) is an important and powerful oversight mechanism. The IGIS has powers comparable to those of a standing Royal Commission, and can initiate and conduct inquiries into our work and is able to access our records, staff and buildings at any time.
ASIO acts within the spirit and the letter of the law. The ASIO Act defines our remit, and prevents us from doing anything that would limit a citizen’s rights to take part in lawful protest or dissent. The Act also ensures that the Director-General and the organisation is apolitical and gives impartial advice. The Director-General of Security is also required to brief the Opposition Leader as well as the Prime Minister on security matters.
We must also follow the Guidelines. The guidelines set out the principles ASIO is required to observe in order to meet the public’s expectations, and to ensure our actions are proportionate to the potential threat.
To use our special powers, ASIO must obtain a warrant from the Attorney-General. Intrusive activities can only occur with a warrant.
We regularly participate in parliamentary inquires including those conducted by the Parliamentary Joint Committee on Intelligence and Security (PJCIS) and Senate Estimates.
The Prime Minister and the PJCIS can also refer matters relating to counter-terrorism or national security to the Independent National Security Legislation Monitor. The Monitor has the power to review the effectiveness of, and appropriate safeguards relating to, Australia’s counter-terrorism and national security legislation–dealing with special powers relating to terrorism offenses (questioning and detention powers).
ASIO publishes an unclassified Annual Report which is tabled in the Australian Parliament. In addition, a classified version is also provided to the Parliament containing further information which cannot be released publicly.