INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 35 Annual report
INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 35
Annual report(2) The Inspector - General must include in an annual report prepared by the Inspector - General and given under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period the Inspector - General's comments on any inquiry conducted by the Inspector - General in accordance with paragraph 8(1)(d) or 8(3)(c) during the period to which the report relates.
(2A) The Inspector - General must include in a report referred to in subsection (2) the Inspector - General's comments on any inspection conducted under section 9A during the period to which the report relates.
(2AA) The Inspector - General must include in a report referred to in subsection (2) the Inspector - General's comments on:
(a) the employment of any person under subsection 32(3) during the period to which the report relates (whether or not the employment commenced during that period); and
(b) any delegation under subsection 32AA(1) in force during the period to which the report relates.
(2AB) The Inspector - General must include in a report referred to in subsection (2):
(a) the number of complaints made to the Inspector - General under Division 2 of Part II of this Act during the period to which the report relates; and
(b) the kinds of matters to which the complaints related; and
(c) the actions taken by the Inspector - General in response to the complaints, including the number of inquiries conducted by the Inspector - General in response to the complaints; and
(d) a summary of the actions taken by the relevant intelligence agencies in response to the following:
(ii) the Inspector - General's conclusions and recommendations as a result of the inquiries.
(2AC) The Inspector - General must include in a report referred to in subsection (2):
(a) the number of disclosures of information received by the Inspector - General under the Public Interest Disclosure Act 2013 during the period to which the report relates; and
(b) the kinds of disclosable conduct with which the information was concerned; and
(c) the actions taken by the Inspector - General to handle the disclosures, including:
(i) the number of inquiries conducted by the Inspector - General under this Act; and
(ii) the number of investigations conducted by the Inspector - General under the Public Interest Disclosure Act 2013 ; and
(d) a summary of the actions taken by the relevant intelligence agencies in response to the following:
(ii) the Inspector - General's conclusions and recommendations as a result of the inquiries or investigations;
(iii) any other matters set out in reports relating to the inquiries or investigations.
(2AD) The head of an intelligence agency must give the Inspector - General such information and assistance as the Inspector - General reasonably requires in relation to the matters mentioned in paragraphs (2AB)(d) and (2AC)(d).
(2B) The Inspector - General must include in a report referred to in subsection (2) the Inspector - General's comments on the extent of compliance by ASIS, AGO, ASD and DIO, during the period to which the report relates, with rules made under section 15 or 41C of the Intelligence Services Act 2001 .
Note: The rules referred to in this subsection regulate the communication and retention of intelligence information (within the meaning of the Intelligence Services Act 2001 ) concerning Australian persons (within the meaning of that Act).
(2C) The Inspector - General must include in a report referred to in subsection (2) the Inspector - General's comments on the extent of compliance by ONI, during the period to which the report relates, with privacy rules made under section 53 of the Office of National Intelligence Act 2018 .
Note: The rules referred to in this subsection regulate the collection, communication, handling and retention of certain information that is personal information about an Australian citizen or permanent resident (within the meaning of the Office of National Intelligence Act 2018 ).
(2D) The Inspector - General may include in a report referred to in subsection (2) the Inspector - General's comments on any other activity of the Inspector - General during the period to which the report relates.
Report to be given to the Leader of the Opposition
(3) A copy of a report referred to in subsection (2) must be given to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report that is not tabled in a House of the Parliament.
(4) Subject to subsection (5), the Attorney - General must cause a copy of a report referred to in subsection (2) to be laid before each House of the Parliament as soon as practicable after the report is received by the Attorney - General.
(5) For the purposes of subsection (4), the Attorney -
General may make such deletions from a report referred to in subsection
(2) as the Attorney - General considers necessary in order to avoid prejudice
to security, the defence of Australia, Australia's relations with other
countries, law enforcement operations or the privacy of individuals.