Commonwealth Numbered Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 No. 101 of 1986 - SECT 8

8. (1) Subject to this section, the functions of the Inspector-General in
relation to ASIO are-

   (a)  at the request of the responsible Minister, of the Inspector-General's
        own motion or in response to a complaint made to the
        Inspector-General, to inquire into any matter that relates to-

        (i)    the compliance by ASIO with the laws of the Commonwealth and of
               the States and Territories;

        (ii)   the compliance by ASIO with directions or guidelines given to
               ASIO by the responsible Minister;

        (iii)  the propriety of particular activities of ASIO;

        (iv)   the effectiveness and appropriateness of the procedures of ASIO
               relating to the legality or propriety of the activities of
               ASIO; or

        (v)    an act or practice of ASIO that is or may be inconsistent with
               or contrary to any human right, being an act or practice
               referred to the Inspector-General by the Human Rights
               Commission;

   (b)  at the request of the responsible Minister or of the
        Inspector-General's own motion, to inquire into the procedures of ASIO
        relating to redress of grievances of employees of ASIO;

   (c)  at the request of the responsible Minister, to inquire into the action
        (if any) that should be taken to protect the rights of a person who is
        an Australian citizen or a permanent resident in a case where-

        (i)    ASIO has furnished a report to a Commonwealth agency that may
               result in the taking of action that is adverse to the interests
               of the person; and

        (ii)   the report could not be reviewed by the Security Appeals
               Tribunal,
and, in particular, to inquire into whether the person should be informed of
the report and given an opportunity to make submissions in relation to the
report; and

   (d)  where the responsible Minister has given a direction to ASIO on the
        question whether-

        (i)    the collection of intelligence concerning a particular
               individual is, or is not, justified by reason of its relevance
               to security; or

        (ii)   the communication of intelligence concerning a particular
               individual would be for a purpose relevant to security,
to inquire into whether that collection is justified on that ground or whether
that communication would be for that purpose, as the case may be.

(2) Subject to this section, the functions of the Inspector-General in
relation to ASIS or DSD are-

   (a)  at the request of the responsible Minister, of the Inspector-General's
        own motion or in response to a complaint made to the Inspector-General
        by a person who is an Australian citizen or a permanent resident, to
        inquire into any matter that relates to-

        (i)    the compliance by that agency with the laws of the Commonwealth
               and of the States and Territories;

        (ii)   the compliance by that agency with directions or guidelines
               given to that agency by the responsible Minister;

        (iii)  the propriety of particular activities of that agency; or

        (iv)   an act or practice of that agency that is or may be
               inconsistent with or contrary to any human right, being an act
               or practice referred to the Inspector-General by the
               Human Rights Commission;

   (b)  at the request of the responsible Minister or of the
        Inspector-General's own motion, to inquire into the procedures of that
        agency relating to redress of grievances of employees of that agency;
        and

   (c)  at the request of the responsible Minister, to inquire into the
        effectiveness and appropriateness of the procedures of that agency
        relating to the legality or propriety of the activities of that
        agency.

(3) Subject to this section, the functions of the Inspector-General in
relation to JIO or ONA are-

   (a)  at the request of the responsible Minister, to inquire into any matter
        that relates to-

        (i)    the compliance by that agency with the laws of the Commonwealth
               and of the States and Territories;

        (ii)   the propriety of particular activities of that agency; or

        (iii)  the effectiveness and appropriateness of the procedures of that
               agency relating to the legality or propriety of the activities
               of that agency; and

   (b)  at the request of the responsible Minister or of the
        Inspector-General's own motion, to inquire into any matter that
        relates to-

        (i)    an act or practice of that agency that is or may be
               inconsistent with or contrary to any human right, being an act
               or practice referred to the Inspector-General by the
               Human Rights Commission; or

        (ii)   the procedures of that agency relating to redress of grievances
               of employees of that agency.

(4) The Inspector-General shall not, of his or her own motion or in response
to a complaint made to the Inspector-General, perform any of the functions set
out in paragraph (2) (a) in relation to action taken by ASIS or DSD except to
the extent that Australian citizens or permanent residents are affected or a
law of the Commonwealth, a State or a Territory may be violated.

(5) The functions of the Inspector-General under sub-sections (1), (2) and (3)
do not include inquiring into the matters to which a complaint made to the
Inspector-General by an employee of an agency relates to the extent that those
matters are directly related to the promotion, termination of appointment,
discipline or remuneration of the complainant or to other matters relating to
the complainant's employment.

(6) Subject to the succeeding provisions of this section, where a complaint is
made to the Inspector-General by an employee of ASIO or ASIS, being a
complaint the subject of which directly relates to the promotion, termination
of appointment, discipline or remuneration of the complainant or to other
matters relating to the complainant's employment, the functions of the
Inspector-General include inquiring into the matters to which the complaint
relates.

(7) The Inspector-General shall not inquire into the matters to which a
complaint made to the Inspector-General by an employee of ASIO relates to the
extent that the employee was or is able to cause those matters to be reviewed
by a body constituted by or including persons other than the Director-General
of Security or employees of ASIO.

(8) The Inspector-General shall not-

   (a)  inquire into a matter relating to an agency that occurred outside
        Australia, or before the commencement of this Act, without the
        approval of the responsible Minister;

   (b)  inquire into action taken by a Minister except to the extent necessary
        in performing the functions of the Inspector-General referred to in
        sub-paragraphs (1) (a) (ii) and (2) (a) (ii) and paragraph (1) (d); or

   (c)  inquire into a matter, other than a matter that is referred to the
        Inspector-General under sub-section 65 (1A) of the
        Australian Security  Intelligence Organization Act 1979 , that is or
        could be the subject of a review by the Security Appeals Tribunal.

(9) The Inspector-General may perform functions conferred on the
Inspector-General by another Act.