8Intelligence agency inquiry functions of Inspector‑General

#### 8 Intelligence agency inquiry functions of Inspector‑General Intelligence agency inquiry functions in relation to ASIO (1) Subject to this section, the functions of the Inspector‑General in relation to ASIO are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion or in response to a complaint made to the Inspector‑General, to inquire into any matter that relates to: (i) the compliance by ASIO with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by ASIO with directions or guidelines given to ASIO by the responsible Minister; or (iii) the propriety of particular activities of ASIO; or (iv) the effectiveness and appropriateness of the procedures of ASIO relating to the legality or propriety of the activities of ASIO; or (v) an act or practice of ASIO that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into the procedures of ASIO relating to redress of grievances of ASIO employees and ASIO affiliates; and (c) at the request of the Attorney‑General or the responsible Minister, to inquire into the action (if any) that should be taken to protect the rights of a person who is an Australian citizen or a permanent resident (within the meaning of the Australian Security Intelligence Organisation Act 1979) if: (i) ASIO has furnished a report to a Commonwealth agency (within the meaning of that Act) that may result in the taking of action that is adverse to the interests of the person; and (ii) the report could not be reviewed by the Intelligence and Security jurisdictional area of the Administrative Review Tribunal; and, in particular, to inquire into whether the person should be informed of the report and given an opportunity to make submissions in relation to the report; and (d) if the responsible Minister has given a direction to ASIO on the question whether: (i) the collection of intelligence concerning a particular individual is, or is not, justified by reason of its relevance to security; or (ii) the communication of intelligence concerning a particular individual would be for a purpose relevant to security; to inquire into whether that collection is justified on that ground or whether that communication would be for that purpose, as the case may be; and (e) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter that may relate to compliance by ASIO with the positive duty in relation to sex discrimination. Intelligence agency inquiry functions in relation to ASIS, AGO or ASD (2) Subject to this section, the functions of the Inspector‑General in relation to ASIS, AGO or ASD are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident (within the meaning of the Intelligence Services Act 2001), to inquire into any matter that relates to: (i) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or (iii) the propriety of particular activities of that agency; or (iv) an act or practice of that agency that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (b) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into the procedures of that agency relating to redress of grievances of employees of that agency; and (c) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and (d) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter that may relate to compliance by ASIS, AGO or ASD with the positive duty in relation to sex discrimination. Intelligence agency inquiry functions in relation to DIO or ONI (3) Subject to this section, the functions of the Inspector‑General in relation to DIO or ONI are: (a) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion, or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to: (i) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; or (ii) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; or (iii) the propriety of particular activities of that agency; and (aa) at the request of the Attorney‑General or the responsible Minister, or of the Inspector‑General’s own motion, to inquire into any matter that relates to the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; and (b) at the request of the Attorney‑General or the responsible Minister, of the Inspector‑General’s own motion, or in response to a complaint made to the Inspector‑General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to an act or practice of that agency: (i) that is or may be inconsistent with or contrary to any human right; or (ii) that constitutes or may constitute discrimination; or (iii) that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; and (ba) at the request of the Attorney‑General or the responsible Minister, or of the Inspector‑General’s own motion, to inquire into any matter that relates to the procedures of that agency relating to redress of grievances of employees of that agency; and (c) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter in relation to the statutory independence of ONI; and (d) at the request of the Attorney‑General or the responsible Minister or of the Inspector‑General’s own motion, to inquire into any matter that may relate to compliance by DIO or ONI with the positive duty in relation to sex discrimination. (3AA) In subsection (3), permanent resident has the same meaning as in: (a) if the agency is DIO—the Intelligence Services Act 2001; and (b) if the agency is ONI—the Office of National Intelligence Act 2018. Intelligence agency inquiry functions in relation to ACIC or the Australian Federal Police (3A) Subject to this section, the functions of the Inspector‑General in relation to ACIC or the Australian Federal Police are: (a) at the request of the Attorney‑General or the responsible Minister; or (b) of the Inspector‑General’s own motion; or (c) in response to a complaint made to the Inspector‑General; to inquire into any of the following matters, to the extent that the matter relates to an intelligence function of that agency: (d) the compliance by that agency with the laws of the Commonwealth and of the States and Territories; (e) the compliance by that agency with directions or guidelines given to that agency by the responsible Minister; (f) the propriety of particular activities of that agency; (g) the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency; (h) any matter that relates to an act or practice of that agency: (i) that is or may be inconsistent with or contrary to any human right; or (ii) that constitutes or may constitute discrimination; or (iii) that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; (i) in relation to ACIC—the compliance by that agency with: (i) directions or guidelines given to that agency; or (ii) policies or other decisions made; by the Board of ACIC or the Inter‑Governmental Committee established under the Australian Crime Commission Act 2002. (3B) The functions of the Inspector‑General under subsection (3A) do not include inquiring into any action taken by an examiner (within the meaning of the Australian Crime Commission Act 2002) of ACIC in performing functions or exercising powers as an examiner. Intelligence agency inquiry functions in relation to complaints about employment, contracts and related matters (5) The functions of the Inspector‑General under subsections (1), (2), (3) and (3A) do not include inquiring into a matter to which a complaint to the Inspector‑General made by an employee of AGO, DIO, ACIC, the Australian Federal Police or by a Public Service Act ONI employee relates to the extent that the matter is directly related to: (a) the promotion, termination of appointment, discipline or remuneration of the employee by the agency; or (b) another matter relating to the agency’s employment of the employee. (6) The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO employee, an ASIS employee, an ONI Act employee or an ASD employee relates to the extent that the matter is directly related to: (a) the promotion, termination of appointment, discipline or remuneration of the employee by ASIO, ASIS, ONI or ASD; or (b) another matter relating to the employment of the employee by ASIO, ASIS, ONI or ASD. (7) However, the Inspector‑General must not inquire into a matter referred to in subsection (6) to the extent that the employee can have the matter reviewed by a body constituted by, or including, persons other than: (a) for an ASIO employee—the Director‑General of Security, ASIO employees or ASIO affiliates; and (b) for an ASIS employee—the Director‑General of ASIS or ASIS employees; and (ba) for an ONI Act employee: (i) the Director‑General of National Intelligence; or (ii) ONI Act employees; or (iii) Public Service Act ONI employees; and (c) for an ASD employee—the Director‑General of ASD or ASD employees. > Note: See also subsection 11(5) for when the Inspector‑General may decide not to inquire into a matter referred to in subsection (6) of this section. (8) The functions of the Inspector‑General include inquiring into a matter to which a complaint to the Inspector‑General made by an ASIO affiliate relates to the extent that the matter is related to: (a) the contract, agreement or other arrangement under which the ASIO affiliate is performing functions or services for ASIO; or (b) the performance of functions or services by the ASIO affiliate under the contract, agreement or other arrangement. (8A) However, the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) if the Inspector‑General is satisfied that the ASIO affiliate can have the matter reviewed by a body constituted by, or including, persons other than the Director‑General of Security, ASIO employees or ASIO affiliates. > Note: See also subsection 11(6) for when the Inspector‑General may decide not to inquire into a matter referred to in subsection (8) of this section. Functions conferred by other Acts (9) The Inspector‑General may perform functions conferred on the Inspector‑General by another Act.