To: <pjcaad@aph.gov.au>
Subject: Inquiry into ASIO powers
Date: Mon, 25 Jul 2005 11:18:00 +1000

July 2005
 
To: Parliamentary Joint Committee on ASIO, ASIS and DSD
 
Review of Division 3 Part III of the ASIO Act 1979 - Questioning and Detention Powers
 
Powers must never become permanent
 
I note that while the date for submissions has passed, your reporting deadline is not until early 2006.  We hope that the Committee will be able to accept the following brief submission from the Australian Privacy Foundation.
 
Please note that as an all volunteer, unfunded NGO, we are stretched to breaking point by the number of important enquiries and reviews in which we have a potential interest.  The brevity of this submission no way detracts from its importance from our perspective.
 
We have a long history of involvement in debate about ASIO powers and safeguards – see our web site at http://www.privacy.org.au/Papers/indexPolicies.html  for relevant papers including our (sibling organisation the Australian Privacy Charter Council) submissions to the Review of the Australian Security Intelligence Organization Legislation Amendment Bill 1999.
 
We have many concerns about the extent of the powers in question, and support the many excellent submissions you have received from equally concerned NGOs calling for either total repeal, or at the very least significant curtailment of the powers.  However, our main purpose in sending this brief submission is to urge the Committee to recommend that if the powers are extended at all, there should be a renewal of the sunset clause, and of the reporting and monitoring safeguards. 
 
Whatever the justification for ‘extraordinary’ powers, it is essential that they not be granted permanently, that they be subjected to periodic parliamentary review, and that they be publicly accountable.  If we ever reach the stage of permanently entrenching such far reaching and intrusive powers, or suppressing information about their use, then terrorists will have achieved at least part of their goal of destroying free and democratic societies which respect human rights and civil liberties.
 
Please let us know if we can provide further input.
 
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Nigel Waters, Board Member and Policy Coordinator
Australian Privacy Foundation
G.P.O. Box 1196, Sydney NSW 2001
Phone: 02 4981 0828 and 0407 230342
E-mail: <mailto:nigelwaters@iprimus.com.au>nigelwaters@iprimus.com.au
APF Web site: <http://www.privacy.org.au/>http://www.privacy.org.au
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