Government response to the Independent National Security Legislation Monitor’s Secrecy Review

Today the Government has tabled its response to the Independent National Security Legislation Monitor (INSLM) Report – Secrecy Offences: Review of Part 5.6 of the Criminal Code (INSLM Secrecy Review).

Secrecy offences play an important role in preventing the unauthorised disclosure of information which can undermine national security and harm the public interest.

However, there have long been concerns about the number, inconsistency, appropriateness and complexity of Commonwealth secrecy offences

The INSLM, Jake Blight, considered whether the offences in Part 5.6 of the Criminal Code Act 1995 operate in a way that is effective, necessary, proportionate and consistent with Australia’s international obligations and whether the offences contain sufficient safeguards.

In its response the Government has agreed in full or in-principle to 12 of the 15 recommendations.

The Government will implement its response to the INSLM’s recommendations as a comprehensive legislative package as part of the previously announced reforms agreed in response to the Review of Commonwealth Secrecy Provisions.

In November last year the Government committed to remove criminal liability from around 170 of the 875 existing secrecy offences and improve protections for press freedom.

I thank Mr Blight for his first report as the INSLM and look forward to his continued advice about the operation, effectiveness and implications of Australia’s national security and counter-terrorism legislation.

The Government response is available on the Attorney-General's Department website.