INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 11 Inquiry into complaint

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 11

Requirement to inquire into certain complaints

  (1)   If:

  (a)   a complaint is made to the Inspector - General in respect of action taken by an intelligence agency; and

  (b)   inquiring into the action in response to a complaint is within the functions of the Inspector - General referred to in section   8;

the Inspector - General must, subject to this section, inquire into the action.

When inquiry or further inquiry into complaints is not required

  (2)   If a complaint is made to the Inspector - General in respect of action taken by an intelligence agency, the Inspector - General may decide not to inquire into the action or, if the Inspector - General has commenced to inquire into the action, decide not to inquire into the action further if the Inspector - General is satisfied that:

  (a)   the complainant became aware of the action more than 12 months before the complaint was made;

  (b)   the complaint is frivolous or vexatious or was not made in good faith; or

  (c)   having regard to all the circumstances of the case, an inquiry, or further inquiry, into the action is not warranted.

  (3)   If a complainant has exercised or exercises a right to cause the action to which a complaint relates to be reviewed by a court or a tribunal, the Inspector - General must not inquire into, or continue to inquire into, the action unless the Inspector - General is of the opinion that there are special reasons for doing so.

  (4)   If the Inspector - General is of the opinion that a complainant has or had a right to cause action to which a complaint relates to be reviewed by a court or a tribunal but has not exercised that right, the Inspector - General may decide not to inquire into the action or not to inquire into the action further if, in the opinion of the Inspector - General, it would be reasonable for the complainant to exercise, or would have been reasonable for the complainant to have exercised, that right.

  (4A)   Without limiting paragraph   (2)(c), the Inspector - General may decide not to inquire into, or not to inquire further into, a complaint or part of a complaint in relation to action taken by an intelligence agency if:

  (a)   a complaint in respect of the action has been, or could have been, made by the complainant to any of the following persons or bodies (the integrity body for the complaint):

  (i)   the Ombudsman;

  (ii)   the Australian Human Rights Commission, under Division   3 of Part   II (human rights complaints) or Part   IIB (unlawful discrimination complaints) of the Australian Human Rights Commission Act 1986 ;

  (iii)   the Information Commissioner under Part   V of the Privacy Act 1988 ;

  (iv)   the National Anti - Corruption Commissioner;

  (iva)   the Inspector of the National Anti - Corruption Commission;

  (v)   the Inspector - General ADF; and

  (b)   the Inspector - General is satisfied that the subject matter of the complaint or the part of the complaint could be more effectively or conveniently dealt with by the integrity body for the complaint.

Note:   The complaint or part of the complaint may be transferred to the integrity body for the complaint under section   32AG.

Inquiries into complaints about employment, contracts and related matters

  (5)   The Inspector - General must not inquire into the matters to which a complaint of the kind referred to in subsection   8(6) relates in respect of action taken by an intelligence agency if the Inspector - General is satisfied that:

  (a)   the procedures of that agency relating to redress of grievances of ASIO employees, ASIS employees, ONI Act employees or ASD employees (as the case may be) are adequate and effective; or

  (b)   the complainant has not pursued those procedures as far as practicable; or

  (c)   the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.

  (6)   The Inspector - General may decide not to inquire into the matters to which a complaint of the kind referred to in subsection   8(8) relates in respect of action taken by ASIO if the Inspector - General is satisfied that:

  (a)   the procedures of ASIO relating to redress of grievances of ASIO affiliates are adequate and effective; or

  (b)   the complainant has not pursued those procedures as far as practicable; or

  (c)   the matters to which the complaint relates are not of sufficient seriousness or sensitivity to justify an inquiry into those matters.