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On Friday, the parliamentary joint committee on intelligence and security has published the Independent National Security Legislation Monitor (INSLM) report Trust but Verify — which details the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 and related matters.
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First appointed to the post in 2017 by then-PM Malcolm Turnbull, the INSLM role is currently being carried out by Dr James Renwick of Wentworth Selborne Chambers and the Australian National University – though the news comes just days after Attorney-General Christian Porter announced WA-based barrister Grant Donaldson will soon take the reigns.
The INSLM is responsible for reviewing counter-terrorism and national security legislation on an ad hoc basis, considering whether the laws "contain appropriate protections for individual rights, remain proportionate to terrorism or national security threats, and remain necessary".
An analysis of the Telecommunications and Other Legislation Amendment (TOLA) 2018 was first requested in March 2019, following public concern over new powers given to defence and intelligence agencies. Specifically, TOLA gives police and intelligence agencies new powers to agree or require significant industry assistance from communications providers, and gives the Australian Security Intelligence Organisation (ASIO) significant new powers to seek and receive both voluntary and compulsory assistance.
Renwick's report into TOLA concluded that, with two exceptions, "TOLA is or is likely to be necessary". Regarding proportionality and proper rights protection, Renwick also stated that "TOLA will be compliant if, but only if, the central recommendations in this report are implemented".
Committee chair Andrew Hastie thanked Renwick for his work, noting that the committee’s current review into the amendments made by TOLA will build on the findings presented.
“The committee welcomes Dr Renwick’s report, the final report in his role as the Independent National Security Legislation Monitor and recognises the quality of the review work that was undertaken,” said Hastie.
