Inquiry into the Operation of the National Security Information (Criminal and Civil Proceedings) Act 2004
Submission Date: 19 July 2013
The Law Council of Australia provided a submission to contribute to the inquiry currently being undertaken by the Independent Monitor on National Security Legislation (the Monitor) into the National Security Legislation (Criminal and Civil Proceedings) Act 2004 (Cth) (the NSI Act).
The key features of the NSI Act, and the history of this legislation, are outlined in detail in the submission. The NSI Act establishes a scheme to protect information from disclosure during federal proceedings where the disclosure is likely to prejudice Australia’s national security.
This scheme requires parties to notify the Attorney-General at any stage of a proceeding where a party expects to introduce information or call a witness that may disclose information that relates to, or the disclosure of which may affect, national security. On receiving advice that the Attorney-General has been so notified, the court must order that the proceedings be adjourned until the Attorney-General decides whether to issue a non-disclosure or witness exclusion certificate.
Any certificates that have been issued under these provisions must be considered at a closed hearing. The Attorney-General may intervene in the proceedings and take part in the closed hearing. The court is given discretion to determine issues in relation to the certificates but must make one of a range of prescribed orders.
The NSI Act also includes a system for requiring legal practitioners to undergo security clearances before being permitted access to national security information.
Read the full submission below.
Last Updated on 09/05/2025
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