after the fact in effect? a question rather than a statement, because That’s not something studied. it’s I’ve MR KEIM: We have dealt with it. Natasha, do you want to deal with that, the existing offences? 15HK and 15HL of the Crimes Act There’s relate to unauthorised no, sorry, that the criminal investigation - - - – MR GYLES: Yes, a different thing I think. that’s MR KEIM: Natasha, do you know the references? DR MOLT: No, I sorry. don’t, MR KEIM: one that carries a two-year maximum. There’s MR GYLES: Yes. MR KEIM: And one relates to insiders and one tends to relate more to public disclosure. MR GYLES: Yes. MR KEIM: I think they may have been dealt with in the Gilbert + Tobin submission. just trying to find the reference which I have read I’m recently. MR GYLES: familiar with some of it too, but I - - - I’m MR KEIM: also footnoted to a Law Council factsheet which deals We’ve with the other aspect of it, which is the protection and the limits of the protection under the Public Interest Disclosure Act, which also applies to ASIO officers but only gives very limited protection. MR GYLES: See what 93 says. Sorry to take up time, but something it’s I want to try and follow. It would certainly be the usual Public Service Act, it? Division 1 of Part III of the ASIO Act, about section 18. wouldn’t looking at section 18(2). The carve-outs are public domain with the I’m authority of the Commonwealth, IGIS. Internal communications to the Minister, staff members of the Commonwealth or a state where it’s appropriate. The unauthorised dealing with records is another one. MR BRADLEY: That was strengthened as a result of the recent amendments as well.
after the fact in effect? That’s a question rather than a statement, because it’s not something I’ve studied. MR KEIM: We have dealt with it. Natasha, do you want to deal with that, the existing offences? There’s 15HK and 15HL of the Crimes Act relate to unauthorised – no, sorry, that the criminal investigation - - - MR GYLES: Yes, that’s a different thing I think. MR KEIM: Natasha, do you know the references? DR MOLT: No, I don’t, sorry. MR KEIM: There’s one that carries a two-year maximum. MR GYLES: Yes. MR KEIM: And one relates to insiders and one tends to relate more to public disclosure. MR GYLES: Yes. MR KEIM: I think they may have been dealt with in the Gilbert + Tobin submission. I’m just trying to find the reference which I have read recently. MR GYLES: I’m familiar with some of it too, but I - - - MR KEIM: We’ve also footnoted to a Law Council factsheet which deals with the other aspect of it, which is the protection and the limits of the protection under the Public Interest Disclosure Act, which also applies to ASIO officers but only gives very limited protection. MR GYLES: See what 93 says. Sorry to take up time, but it’s something I want to try and follow. It would certainly be the usual Public Service Act, wouldn’t it? Division 1 of Part III of the ASIO Act, about section 18. I’m looking at section 18(2). The carve-outs are public domain with the authority of the Commonwealth, IGIS. Internal communications to the Minister, staff members of the Commonwealth or a state where it’s appropriate. The unauthorised dealing with records is another one. MR BRADLEY: That was strengthened as a result of the recent amendments as well.
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