Inquiry into the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 as it relates to the ‘Alan Johns’ matter
The submission to the Independent National Security Legislation Monitor’s (INSLM) review of the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) (NSI Act) was preapred by the Law Council.
The Law Council notes that the INSLM is not conducting a full review of the NSI Act, but rather will focus on addressing specific issues raised by the criminal proceedings concerning ‘Alan Johns’, namely whether the NSI Act should be amended to include provision for:
- a contradictor, such as media interests, or a Special Advocate (such as is now provided for in control order matters) to be heard;
- at least some details of the charges and orders to always be publicly known; and
- reasons to always be given by the presiding judge for the exception.
You can read the full submission below.