Senator FAULKNER (Leader of the Opposition in the Senate) (2:26 PM) —My question is directed to Senator Ellison in his capacity as Minister representing the Attorney-General. Can the minister assure the Senate that no minister in the Howard government or member of ministerial staff leaked to an ABC journalist the alleged contents of the national security briefing provided to the Leader of the Opposition by ASIO last Friday? Minister, what inquiries have the Attorney-General or ASIO made into this alleged leak of national security information? I ask the minister to inform the Senate of what has been the outcome of those inquiries.

Senator ELLISON (Minister for Justice and Customs) —Mr President, Senator Faulkner has raised an issue which deals with the leaking of some information.

Senator Ian Macdonald —Alleged leak.

Senator ELLISON —I am obliged to Senator Ian Macdonald, who says it is an alleged leak, of course. ABC radio reported on Saturday that the opposition leader received a briefing from the Director-General of ASIO last week in relation to security issues. As the Senate may be aware, ASIO regularly briefs the opposition leader on national security matters. This is in the normal course of matters. The Senate may also remember that the opposition leader talks regularly about the fact that he receives such confidential briefings. The ABC reports at the weekend contained nothing to suggest the journalist had information regarding the detail of the content of the briefing, and it should come as no surprise that in general terms the briefing provided was consistent with public statements made by the government last week regarding threat levels in Australia. The government have clearly and consistently stated that we are operating on the basis of advice from relevant security agencies such as ASIO. Certainly, the government can understand Mr Crean's discomfort at having to acknowledge that the government's position is correct. Our advice is that there is no intelligence of a specific threat to warrant an increase in the overall threat level to Australia, which has been at heightened levels since September 11, 2001.

Senator ELLISON —I hear the interjections from the opposition, but clearly Mr Crean is embarrassed that he and others opposite disputed that fact for three days, in a blatant scaremongering attempt, before seeking a briefing from ASIO. He has now been proven wrong. Now that they have the facts, the government looks forward to the opposition confirming that their position in this regard has now changed. In relation to whether there will be an investigation, can I say that again Mr Crean talks regularly about the fact that he receives such confidential briefings. That is something which is out on the public record. There is nothing in the ABC reports that suggests the journalist had information regarding the detail of the content of that briefing to Mr Crean. The advice that I have from the Attorney-General is that he has discussed the matter with the Director-General of ASIO and agreed that there would appear to be nothing that would warrant an investigation into the matter.

Senator FAULKNER —Mr President, I ask a supplementary question. Minister, while it is true that the fact that these briefings are provided is not confidential, it is not true to say that the alleged contents of that briefing were not made public. Perhaps the minister can inform the Senate what disciplinary and legal action would actually be taken against a person found to have leaked national security classified information. In the event of this alleged leak being traced back to the minister or a ministerial staffer, can the minister confirm that there will be no political protection provided to that person or persons? Can you give that commitment?

Senator Abetz —Time, time, time!

The PRESIDENT —Senator Faulkner, that was a very long supplementary question.

Senator ELLISON (Minister for Justice and Customs) —Senator Faulkner is debating the subject when he says that he disputes the question as to the detail reviewed. Perhaps he is inviting me to go into that detail publicly but, for obvious reasons, I will not in the interest of national security.

On the other issue as to the leaking, Senator Faulkner asked the hypothetical question, `What if?' I can tell you that Senator Faulkner, with his involvement in the Public Service—and he professes to have a great involvement with the Public Service— knows full well the consequences of any unlawful leaking of information by a member of the Australian Public Service.