Leader of the Opposition

PO Box 6022 Parliament House, Canberra ACT 2600 Tel:(02) 6277 4022 Fax:(02) 6277 8592


The Hon Tony Abbott MP
Prime Minister
Parliament House
Canberra

Dear Prime Minister
I write in relation to the National Security Legislation Amendment (No. 1) Bill 2014.
As you are aware, the Bill contains offences relating to the disclosure of information relating to a Special
Intelligence Operation (SIO). An offence under clause 35P is punishable by up to 5 years imprisonment for
a simple offence and up to 10 years imprisonment in aggravating circumstances.
Reflecting the bipartisan approach Labor has adopted in relation to the Governments national security
proposals, Labor members of the Parliamentary Joint Committee on Intelligence and Security (PJCIS)
worked to improve the version of clause 35P originally proposed by the Government, to balance the
importance of upholding fundamental democratic freedoms against national security concerns. To this
end, amendments were introduced to insert a public interest test and redefine the fault element of the
offence to ensure it only applies to reckless disclosures of information about SIOs.
When supporting the legislation in the Parliament, the Opposition noted ongoing concerns about its
potential to impinge upon public interest reporting on national security issues. In the Parliament Labor
committed to monitor the operation of these provisions to ensure they did not unduly diminish
fundamental democratic rights, including freedom of the press.
As we have both stated, there is no higher duty for a Parliament than ensuring the nations security and
keeping the Australian people safe. It is essential that our security agencies have all the powers they need
to keep Australians safe from the threat of terrorism and those engaged in protecting Australians receive
bipartisan support. However, it is also important that, by legislating to address the terrorist threat, we do
not ourselves destroy the very democratic freedoms that we are seeking to protect.
Since the passage of the legislation, a number of concerns about the potential impact of these laws on the
media reporting of legitimate matters of public interest and importance have been raised with me.
In response to these concerns and consistent with section 7 of the Independent National Security
Legislation Monitor Act 2010, I ask that you refer the implementation and operation of the relevant
provisions in the Bill to the Independent National Security Legislation Monitor (INSLM) for review. The
reference should also ask the INSLM to consider related legislation including the Public Interest Disclosure
Act 2013.
I suggest the INSLM provide an interim report to be publicly released by 30 June 2015.


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It is imperative we ensure the appropriate balance between press freedom and the operational
effectiveness of our security agencies is maintained.
Yours sincerely

Bill Shorten MP
Leader of the Opposition
29 October 2014