The Intelligence Services Act 2001 (the ISA) provides the legislative framework for ASIS’s work.

The legislation outlines ASIS’s functions, including what we can and cannot do.

In addition to accountability mechanisms stipulated by the ISA, ASIS is also subject to the Public Governance, Performance and Accountability Act 2013, and provisions of other legislation such as the Crimes Act 1914, the Archives Act 1983, the Workplace Health and Safety Act 2011, and the Public Interest Disclosure Act 2013.

The Minister for Foreign Affairs is responsible for ASIS. The Director-General of ASIS reports directly to the Foreign Minister, and engages regularly with their office.

The ISA specifies that the Foreign Minister protect the privacy of Australian citizens. The corresponding Privacy Rules regulate ASIS’s handling of intelligence information concerning Australian persons.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) also provides a crucial oversight role.

In addition to reviewing ASIS’s administration and expenditure, the PJCIS examines any matters relating to ASIS that have been referred to it by the Foreign Minister or through a resolution from either house of parliament.

The PJCIS’s review of administration and expenditure is conducted annually, and the findings are published in its annual report. The PJCIS may also initiate its own enquiries into aspects of administration and expenditure.

The PJCIS’s focus on budget and administration complements the role of the Inspector-General of Intelligence and Security, who considers legislative and policy compliance, and matters of propriety in ASIS’s operations.

The Inspector-General of Intelligence and Security (IGIS) is an independent statutory office holder empowered to investigate complaints made against ASIS, review ASIS’s compliance with Commonwealth, state and territory laws, and conduct enquiries into matters which fall within the prescribed functions of that office.

The functions of the IGIS are prescribed under sections 8, 9 and 9A of the Inspector-General of Intelligence and Security Act 1986 (IGIS Act).

The IGIS can conduct reviews to ensure ASIS is acting legally and with propriety, complying with ministerial guidelines and directives, and is respecting human rights.

The IGIS can undertake a formal inquiry into ASIS activities in response to a complaint or a reference from a minister. The IGIS can also act independently to initiate inquiries, and regularly inspects and monitors ASIS’s activities.

In conducting an inquiry, the IGIS has significant powers, including: requiring the attendance of witnesses, taking sworn evidence, copying and retaining documents, and entering ASIS’s premises.

The IGIS can also conduct preliminary inquiries in order to decide whether to initiate a full inquiry.

ASIS’s financial accounts are audited by the Australian National Audit Office (ANAO), and we are subject to the performance audit powers under section 19 of the Auditor-General Act 1997.

ASIS prepares budgetary information as part of the Department of Foreign Affairs and Trade (DFAT) portfolio budget statements and portfolio additional estimates statement. The portfolio budget statements can be found on DFAT’s website.

As prescribed by Requirement 4 of the Child Safe Framework, this statement provides an overview of ASIS’s compliance with the framework.

ASIS is committed to child safety and is compliant with the Child Safe Framework. With regard to its staff, ASIS conducts thorough vetting processes which satisfy all requirements of the Working with Vulnerable People scheme (including children). There are limited instances where ASIS’s operational objectives involve working with children; however, where this occurs ASIS would apply relevant Australian Government policy standards and processes. If this emerges as a more routine activity, ASIS will develop its own policy and associated training and compliance. In the limited instances where operational activities have, or had the potential to, involve or impact a minor or minors, the circumstance was specifically addressed as part of ASIS’s routine decision-making processes, including with relevant risk assessments. This statement has been reviewed in October 2025 and will be reviewed again in October 2026.