Submission to the Independent National Security Legislation Monitor

In a submission to the Independent National Security Legislation Monitor (INSLM) Grant Donaldson SC, the Human Rights Law Centre has recommended a range of reforms to improve the National Security Information (Criminal and Civil Proceedings) Act 2004 (NSI Act).

The submission, ‘Open Justice, Closed Courts’, the Human Rights Law Centre proposed the following recommendations:

  • The repeal of a mandatory requirement for some hearings to be held in closed court

  • The removal of a provision that forces judges to give ‘greatest weight’ to the view of the Attorney-General in determining the level of secrecy to apply in NSI Act cases

  • The appointment of independent expert to advocate for transparency in cases where secrecy is sought; and

  • The retention and periodic review of secret judgments and other closed court materials, with appropriate access.

Read the Human Rights Law Centre submission ‘Open Justice, Closed Courts’