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House of Representatives                                Ch 18                                                 p 681

Unusual secrecy provisions

For considerations of national security unusual secrecy provisions were applied to the Joint Committee on Foreign Affairs when it was appointed in 1952. The committee’s resolution of appointment required that it sit in camera, that its proceedings be secret, and that it report only to the Minister for External Affairs. ¹ Whenever it reported to the Minister the committee was to inform the Parliament that it had reported. The Minister decided whether or not the reports should be tabled in the Parliament and printed. These restrictions were modified and ultimately removed from the resolutions of appointment of the committee’s successors in subsequent Parliaments. Because of these restrictions and other limitations imposed on the committee, the Opposition refused until 1967 to nominate members to the committee. ²

Schedule 1 of the Intelligence Services Act 2001 places restrictions on the disclosure to Parliament of certain matters. In a report to a House the Joint Committee on ASIO, ASIS and DSD must not disclose the identity of a person who is or has been a staff member of ASIO or ASIS or an agent of ASIO, ASIS or DSD; or any information from which the identity of such a person could reasonably be inferred. In addition the committee must not, in a report to either House, disclose operationally sensitive information or information that would or might prejudice Australia’s national security or the conduct of Australia’s foreign relations; or the performance by an agency of its functions. The committee is required, before presenting a report to either House, to obtain advice of the responsible Minister or Ministers concerned as to whether the disclosure of any part of the report would or might disclose such a matter.

VP 1951-53/129.

Joint Committee on Foreign Affairs and Defence, Observations and history of the committee, PP 4 (1978) ii.