Who oversees ASIS’s activities and expenditure?
We are accountable to the Government through the Minister for Foreign Affairs under the Intelligence Services Act 2001. ASIS’s Director-General is directly responsible to the Minister, and holds regular meetings with him to discuss ASIS’s activities. ASIS is subject to Parliamentary oversight through the Minister for Foreign Affairs and the Parliamentary Joint Committee on Intelligence and Security (PJCIS) which reviews our expenditure and administration (as well as ASIO's and DSD's), and other matters referred to it by the Minister or either House of Parliament. The legality and propriety of ASIS’s activities are overseen by the Inspector-General of Intelligence and Security (IGIS), who reports to the Prime Minister annually. ASIS's financial and administrative affairs are regularly audited by the Australian National Audit Office (ANAO). ASIS also prepares a classified Annual Report.
Does ASIS collect intelligence on Australians?Yes, but only in special situations. On 15 October 2001, the Minister for Foreign Affairs, following consultation with the Director-General of ASIS, the Inspector-General of Intelligence and Security and the Attorney-General, created written rules regulating the communication and retention by ASIS of intelligence concerning Australian persons. The Rules to Protect the Privacy of Australians state that collection on an Australian person is allowed only for an authorised intelligence purpose; for example, were there reason to believe an Australian person was posing a risk to national security or believed to be acting on behalf of a foreign power. Any collection on Australian persons requires the approval of the Director-General and Minister for Foreign Affairs.
Does ASIS ever use torture?No. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (as adopted by the United Nations General Assembly resolution 39/46 of 10 December 1984 and entered into force by Australia on 7 September 1989) establishes Australia's obligations in relation to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. State and Federal Australian criminal laws are consistent with the prohibition of torture under the Convention. No exceptional circumstances such as war, internal political instability, or any other public emergency, or an order from a superior officer or public authority may be invoked as a justification for torture. We act in accordance with Australian law and Australian Government policy, and do not employ torture in the pursuit of our functions or act in a way that sanctions or encourages torture by others.
