National Security-Related Whistleblowing
The Human Rights Law Centre’s Whistleblower Project is unable to receive disclosures containing intelligence information or information with a national security or other protective security classification, due to limitations in the Public Interest Disclosure Act 2013 (PID Act).
You must not send us any such information – doing so may be a criminal offence. If, contrary to this notice, you provide us with such information, we will delete immediately it and provide no further assistance to you.
What is ‘intelligence information’?
Intelligence information is defined in section 41 of the PID Act. Intelligence information includes information that has originated with, or has been received from, an intelligence agency. This includes information from the Australian Secret Intelligence Service (ASIS), the Australian Secret Intelligence Service (ASIO) and other similar organisations.
Intelligence information includes information about intelligence agency operations, information from foreign public officials, information from the defence department and sensitive law enforcement information. The full definition of intelligence information is outlined below.
What is a national security or other protective security classification?
There is no statutory definition of information that has a national security or other protective security classification in the PID Act. National security is defined in the National Security Information (Criminal and Civil Proceedings) Act 2004 (‘NSI Act’) as Australia's defence, security, international relations or law enforcement interests. However, no reference is made to the NSI Act definition in the PID Act.
The federal government’s Protective Security Policy Framework (PSPF) details sensitivity and security classifications used by Australian Government entities. Although no reference is made to the PSPF in the PID Act, this provides some guidance on what is information with a national security or other protective security classification. Information under the PSPF that is classified as ‘Secret’ or ‘Top Secret’ may be ‘Security Classified Information’ for the purposes of the PID Act.
What to do if you are unsure about whether your disclosure meets these definitions
The Human Rights Law Centre is unable to receive disclosures containing intelligence information or information with a national security or other protective security classification. If you are unsure whether information you wish to disclosure to us falls within these categories, please contact us first – without disclosing the information – for a preliminary discussion.
Types of ‘intelligence information’ covered by the PID Act
There are several types of intelligence information which we are unable to receive disclosures.
| The PID Act | Type of Information | Definition |
|---|---|---|
| S 41(a) | Intelligence Information | Information that has originated with, or has been received from, an intelligence agency. |
| S 41(1)(b)(i) | Source Information | Information that is about, or might reveal a source of intelligence information. |
| S 41(1)(b)(ii) | Technologies and Methods for Intelligence Information | Information that is about the technologies or methods used, proposed to be used, or being developed for use, by an intelligence agency to collect, analyse, secure or otherwise deal with, intelligence information. |
| S 41(1)(b)(iii) | Intelligence Agency Operations | Operations that have been, are being, or are proposed to be, undertaken by an intelligence agency. |
| S 41(c) | Information from Foreign Public Official | Information that has been received by a public official from an authority of a foreign government, being an authority that has functions similar to an intelligence agency; and that is about, or that might reveal, a matter communicated by that authority in confidence. |
| S 41(d) | Defence Department | Information that has originated with, or has been received from, the Defence Department and that is about, or that might reveal: /the collection, reporting, or analysis of operational intelligence, or /a program under which a foreign government provides restricted access to technology |
| S 41(e) | Summary and Extract Information | Information that identifies a person as being, or having been, an agent or member of the staff of ASIS or ASIO, or: /from which the identity of such person could reasonably be inferred; or /that could reasonably lead to the identity of such person being established |
| S 41(g) | Sensitive Law Enforcement Information | Sensitive law enforcement information is defined in s 42 as information the disclosure of which is reasonably likely to prejudice Australia's law enforcement interests. S 42 of the PID Act provides examples, including Australia’s interests in: avoiding disruption to national and international efforts relating to law enforcement / protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence / the protection and safety of informants or witnesses, or persons associated with informants or witnesses / ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation's government and government agencies |