Accountability

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.

The Inspector-General of Intelligence and Security (IGIS) is an independent statutory office established to ensure the legality and propriety of the National Intelligence Community’s (NIC) actions, investigate complaints and conduct reviews into NIC agencies and other Commonwealth departments involved in national security. The Inspector-General produces an annual report.

To ensure ASIO’s work is lawful, impartial and proportionate, the Inspector-General has full access to our files and material related to the full breadth of ASIO activities and its use of powers.

The Independent Reviewer of Adverse Security Assessments conducts reviews of ASIO's adverse security assessments (ASAs) given to the Department of Home Affairs in relation to people who:

• remain in immigration detention
• have been found by Home Affairs to be owed protection obligations under international law, and
• are ineligible for a permanent protection visa, or have had their permanent protection visa cancelled, because they are the subject of an ASA.

As part of a review, the Independent Reviewer:

• examines all material ASIO has relied upon to make the ASA and other relevant material, including information from the applicant
• provides a written opinion, and recommendations as appropriate, to the Director-General of Security on whether the ASA was appropriate, and
• provides copies of the written opinion to the Attorney-General, the Minister for Home Affairs and the Inspector-General of Intelligence and Security.

The Director-General must respond to the Independent Reviewer and may take action if they agree with the Independent Reviewer's opinion. The Independent Reviewer will advise the applicant of the outcome of the review and the Director-General's response.

ASIO is a statutory body with functions established by the Australian Security Intelligence Organisation Act 1979 (ASIO Act).

Our functions are set out in section 17 of the ASIO Act.

(1) The functions of the Organisation are:

     (a) to obtain, correlate and evaluate intelligence relevant to security;

     (b) for purposes relevant to security, to communicate any such intelligence to such persons, and in such manner, as are appropriate to those purposes;

     (c) to advise Ministers and authorities of the Commonwealth in respect of matters relating to security, in so far as those matters are relevant to their functions and responsibilities.

     (ca) to furnish security assessments to a State or an authority of a State in accordance with paragraph 40(1)(b);

     (d) to advise Ministers, authorities of the Commonwealth and such other persons as the Minister, by notice in writing given to the Director-General, determines on matters relating to protective security; and

     (e) to obtain within Australia foreign intelligence pursuant to section 27A or 27B of this Act or section 11A, 11B or 11C of the Telecommunications (Interception and Access) Act 1979, and to communicate any such intelligence in accordance with this Act or the Telecommunications (Interception and Access) Act 1979; and

     (f) to co-operate with and assist bodies referred to in section 19A [of the ASIO Act] in accordance with that section.

The ASIO Act also establishes ASIO’s special powers allowing us to use methods which would otherwise be illegal, to investigate and collect intelligence on serious threats to Australia’s security.

ASIO’s work is also governed by many other pieces of legislation including:

• The Intelligence Services Act 2001.
• The Telecommunications (Interception and Access) Act 1979. 

The Independent National Security Legislation Monitor independently reviews the operation, effectiveness and implications of national security and counter-terrorism laws; and considers whether the laws contain appropriate protections for individual rights, remain proportionate to terrorism or national security threats, and remain necessary. 

ASIO sits within the Home Affairs portfolio, and we report directly to the Home Affairs Minister on our operations and emerging security issues. The Attorney-General has oversight of ASIO's use of special powers. ASIO also regularly briefs the National Security Committee of Cabinet, other ministers and key members of the Opposition on matters related to national security. 

We are required by legislation to report annually on our performance and demonstrate the value returned to the Commonwealth from its investment in our programs, which we do each October through our Annual Report. We also produce an annual Corporate Plan.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) was formed in 2005. It reviews the administration and expenditure of the National Intelligence Community, as well as matters referred to it by ministers or Parliament.

The Director-General of Security also appears before the Commonwealth Senate’s Legal and Constitutional Affairs Committee and answers questions about ASIO’s functions and powers, how we partner and share information with other agencies here and overseas, and developments in the global security environment.

The Guidelines provide a mechanism for the Minister administering the ASIO Act to outline their expectations as to how ASIO achieves its purpose, performs its functions and exercises its powers. Authorised under section 8A of the Australian Security Intelligence Organisation Act 1979 (ASIO Act), the Guidelines are a critical component of the accountability framework designed to ensure ASIO acts with legality and propriety.

Under section 8A(1) and (2) of the ASIO Act, the Minister may give the Director-General of Security written guidelines to be observed by ASIO in the performance of its functions and the exercise of its powers.

As a prescribed authority ASIO is subject to the provisions of the Public Interest Disclosure Act 2013 (PID Act). This legislation protects both current and former public officials with concerns about government administration and provides an opportunity to report about those concerns.

The PID Act has four main objectives:

• To promote integrity and accountability in the Commonwealth public sector.
• To encourage and facilitate the making of public interest disclosures by public officials.
• To ensure that public officials are supported and protected from adverse consequences relating to disclosures.
• To ensure that qualifying disclosures are properly investigated and dealt with.

Postal address for public interest disclosures within ASIO:

Public Interest Disclosures
GPO Box 2176
CANBERRA ACT 2601

Telephone: (02) 6263 7615

When investigating threats to Australia’s security, the Australian Security Intelligence Organisation Act 1979 (ASIO Act) and the Telecommunications (Interception and Access) Act 1979 allow us to do certain things which would otherwise be unlawful. Use of these special powers is strictly limited by legislation and is available to us only when authorised by a warrant. Special powers provided for by these Acts can allow ASIO to enter and search premises, intercept and examine items in the mail, install and monitor surveillance devices, monitor telecommunications, and remotely access computers.

ASIO can, in exceptional circumstances, obtain warrants to question people as part of investigations into espionage, acts of foreign interference, or acts of politically motivated violence. Our questioning powers are governed by the ASIO Act, as well as a publicly-available statement of procedures approved by the Attorney-General.

Warrants authorising our use of special powers must be approved by the Attorney-General.

The Guidelines for ASIO require that, wherever possible, ASIO uses the least intrusive method available to collect security intelligence. All of ASIO’s activity, including the use of special powers, is subject to rigorous oversight and accountability through a range of mechanisms listed on this page.

The Statement of Procedures for ASIO’s questioning powers are approved by the Attorney-General.

Australian Security Intelligence Organisation (Statement of Procedures) Instrument.