INSLM’s review of powers to identify and disrupt cyber-enabled crime reflects Law Council views
19 September 2025
On 1 September 2025, the Independent National Security Legislation Monitor (INSLM) report on Data Disruption, Network activity and Account Takeover Powers was tabled in Parliament.
This inquiry reviewed surveillance and disruption powers granted to the AFP and ACIC pursuant to the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth) (SLAID Act). The Law Council contributed to this review through a submission, a public hearing before the INSLM, and a supplementary submission. The Law Council issued a media release welcoming the INSLM’s report.
The report’s key findings include the observation that the current system for issuing SLAID Act warrants is not fit for purpose considering the invasive powers provided to law enforcement.
The INSLM found that while these powers are effective in identifying and disrupting serious crime, the inadequacy of the safeguards requires legislative reform to ensure such powers remain compatible with the rule of law and key criminal law principles.
The makes 21 recommendations, many of which align with those put forward by the Law Council. We have particularly welcomed the INSLM’s recommendations to use a panel of retired judges as issuing authorities, and to introduce a ‘Public Interest Monitor’ to review warrant applications and provide feedback on areas of concern as well as make submissions on matters of public interest.
The Law Council will carefully review the INSLM’s report and looks forward to working with the Government to achieve the aims of these key recommendations.
Last Updated on 17/09/2025
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