Reform needed to better balance secrecy, transparency

The Human Rights Law Centre will today appear before the Independent National Security Legislation Monitor to call for Australia’s national secrecy laws to be improved to encourage transparency and accountability in the public interest.

The Independent National Security Legislation Monitor (INSLM) is currently undertaking a review of secrecy offences in Part 5.6 of the Criminal Code 1995 (Cth).

Current secrecy laws criminalise whistleblowing and journalism and undermine transparency and accountability in our democracy, ultimately harming national security.

The Human Rights Law Centre, in its submission, provided 13 recommendations, including:  

  • Repealing lower-level secrecy offences, with administrative sanctions used instead for minor breaches

  • Penalties to be reduced to levels which are necessary and proportionate

  • Narrowing, and in some cases repealing outright, secrecy offences that apply to third-party, non-Commonwealth officers

  • Establishing pathways for the national intelligence whistleblowers to disclose information in the public interest

Kieran Pender, Senior Lawyer at the Human Rights Law Centre, said:

“Australia’s national security laws overwhelmingly favour secrecy over transparency, in a way that is undemocratic and risks criminalising whistleblowing, public interest journalism and the work of civil society.

“The inadequate defences and the flaws in the integrated whistleblower protections framework, have a chilling effect on whistleblowing in Australia. I see that chilling effect in practice every day – clients who are scared of speaking up about significant government wrongdoing.

“Now is a prime moment to ensure that secrecy is not being used to conceal the abuse of power. Appropriately calibrated, transparency does not undermine national security; transparency supports national security. These laws need to reflect that reality.”

Watch the live-stream of the Human Rights Law Centre before INSLM at 10.15am on 25 March 2024 here

Media Contact: 
Thomas Feng
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au

Thomas FengDemocratic Freedoms